1992 SeptemberSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
September, 1992
(Covering Ordinances through 1599)
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 be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ...............Preface
Checklist ........... Checklist
Remove Pages Insert Pages
TABLES
614-3-614-5 ..... 614-3-614-5
TEXT
43-44 ............... 434
71 ............. ........ 71
100-7 .......... 100-7-100-14
243-244 ........ ... 243-244
--- ............. ...... 258-1
271-272 ........ ... 271-272
283 ............ ....... 283
313-316 ........ ... 313-316
--- ............. 342-3-342-7
412-1 ~ 12-2 ..... 412-1-412-2
415 16-1....... ...415-416
441-~44 ........ ... 441-~44
447-454-1 ....... 447-452/454
459---464-2 ....... . 45964-2j
480-1 X80-2 ..... 480-1-480-2
INDEX
619-624 ......... 619-624-1
629-630-1 ........ 629-630-3
636-1-63 8 ........ 637-63 8 -1
641-642 ........... 641-642
645-646 ........... 645-646
651-65 2 ......... 651-652-1
65 7-65 8 -1 ........ 657-65 8 -2
PREFACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, has been kept current by regulaz
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numberi~ig system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 18.12.050 is Section .050, located in Chapter .12 of
Title 18. In most instances, sections aze numbered by tens (.010,
.020, .030, etc.), leaving nine ~~acant positions between original
sections to accommodate futw~e provisions. Similazly, chapters
and titles aze numbered to provide for internal expansion.
In pazentheses following each section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their subjects, and where they appeaz in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. Asubject-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 1599, passed July 20, 1!192.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 9-92)
CHECKLIST
CUPERTINO 1V[iTNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 9-92 supplement., the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it teas been listed individually.
Page Number Date
1-8 ........................ (no date)
9-12 ........................... 9-91
12-1-12-2 ....................... 2-91
13-14 .......................... 9-89
Title 2:
15 ............................. 5-92
17-18 ......................... 11-86
19-20 .......................... 9-91
21-22 ....................... (no date)
23-24 .......................... 9-91
24-1 ............................ 9-91
25-28 ....................... (no date)
29-32 .......................... 9-91
33-34 .......................... 3-89
35/37 ........................... 5-92
38 ............................. 5-92
39-2 .......................... 3-89
43-~44 .......................... 9-92
44-1 ~4-2 ....................... 3-89
45-56 ....................... (no date)
57-60 .......................... 3-89
60-1 ............................ 3-89
61-62 ....................... (no date)
63-64 .......................... 3-89
65-66 ......................... 12-87
67-70 ....................... (no date)
70-1-70-2 ....................... 3-89
70-3-70-4 ...................... 12-91
70-5-70-7 ....................... 5-92
Page Number Date
91-94 .......................... 5 -92
94-1-94-5 ....................... 5-92
95-96 ....................... (no date)
97-98 ......................... 10-90
99-100 ......................... 5-92
100-1-100-6 ..................... 5-92
100-7-100-14 .................... 9-92
Title 4:
101 ......................... (no date)
Title 5:
103 ............................ 1-90
105-118 ..................... (no date)
119-122 ........................ 1-90
123-134 ..................... (no date)
135-136 ........................ 3-87
137-141 ..................... (no date)
142-1-142-2 ..................... 3-89
Title 6:
143 ........................... 12-91
145-154 ..................... (no date)
155-160 ....................... 12-91
160-1-160-4 .................... 12-91
161-162 ........................ 3-89
162-1 ........................... 3-89
163-180 ..................... (no date)
Title 3:
71 ............................. 9-92
73-84 ....................... (no date)
85-86 .......................... 9-91
87-90 ....................... (no date)
Title 7:
181 ......................... (no date)
Title 8:
183-186 ..................... (no date)
187-188 ........................ 9-89
(CuQatino 9-92)
Page Number Date
189-202 ..................... (no date)
203-204 ........................ 9-89
Title 9:
205 ........................... 12-91
207-212 ..................... (no date)
213-216 ........................ 3-87
217-222 ..................... (no date)
223-228 ........................ 3-87
229-240 ..................... (no date)
240-1-240-4 .................... 12-91
241-242 ....................... 12-91
242-1-242-9 ..................... 9-91
Title 10:
243-244 ........................ 9-92
245-256 ..................... (no date)
257-258 ........................ 1-91
258-1 ........................... 9-92
259-260 ....................... 10-90
260-1 .......................... 10-90
261-268 ..................... (no date)
269-270 ....................... 11-86
271-272 ........................ 9-92
273-274 ..................... (no date)
275-276 ........................ 3-87
276-1 .......................... 11-86
277-281 ..................... (no date)
Title 11:
283 ............................ 9-92
285-290 ..................... (no date)
291-292 ....................... 12-87
293-294 ........................ 9-91
295-296 ........................ 2-91
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ........................ 5-92
305-306 ..................... (no date)
307-308 ........................ 9-91
308-1 ........................... 9-91
309=310 ....................... 12-87
310-1 .......................... 12-87
Page Number Date
311-312 ........................ 3-87
313-316 ........................ 9-92
317-318 ........................ 5-92
318-1 ........................... 9-91
319-320 ........................ 5-92
320a ............................ 5-92
320-1-320-3 ..................... 9-91
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-330 ....................... 11-86
331-332 ..................... (no date)
333-334 ....................... 11-86
334-1-334-3 ..................... 5-92
335-338 ..................... (no date)
339-340 ........................ 3-88
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 ..................... 1-91
342-3-342-7 ..................... 9-92
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ............................ 9-91
357-358 ..................... (no date)
359-360 ........................ 3-89
360-1 ........................... 3-89
361-364 ..................... (no date)
365-366 ........................ 4-90
367-368 ..................... (no date)
368-1-368-4 ..................... 3-89
369-378 ..................... (no date)
378-1-378-6 ..................... 2-92
379-385 ..................... (no date)
Title 15:
387 ............................ 4-90
389-398 ........................ 3-87
(G~patino 9-92) 11
Page Number Date
399/401 ......................... 9-89
403-411 ..................... (no date)
412-1-412-2 ..................... 9-92
Title 16:
413 ........................... 10-90
415-416 ........................ 9-92
417-418 ........................ 5-88
419---436 ..................... (no date)
437 ........................... 12-91
43 8/440 ........................ 12-91
441-~44 ........................ 9-92
445-~46 ........................ 5-92
446-1 ........................... 5-92
447-~51 ........................ 9-92
452/454 ......................... 9-92
455-458 ..................... (no date)
45964 ........................ 9-92
464-1-464-2 ..................... 9-92
464-2a-464-2j .................... 9-92
464-3-464-14 ................... 10-90
465-472 ..................... (no date)
473-474 ........................ 3-88
474-1-474-2 ..................... 3 - 8 8
475-480 ........................ 3-88
480-1-480-2 ..................... 9-92
480-380-19 ................... 10-90
Title 17:
481 ......................... (no date)
483-~84 ....................... 12-87
485---486 ..................... (no date)
487-490 ....................... 12-87
49192 ....................... 11-86
493---494 ..................... (no date)
495-496 ....................... 12-87
496-1 .......................... 12-87
497-500 ..................... (no date)
501-508 ....................... 12-87
508-1-508-2 .................... 12-87
509-510 ..................... (no date)
511-512 ....................... 12-87
513-516 ..................... (no date)
Page Number Date
Title 18:
517 ............................ 2-92
519-526 ........................ 3-87
527-530 ........................ 3-88
531-532 ........................ 3-87
533-536 ........................ 3-88
537-564 ........................ 3-87
5 65-5 6 8 ........................ 2-92
568-1-568-3 ..................... 2-92
Title 19:
569 ......................... (no date)
Title 20:
571-588 ..................... (no date)
Tables:
589-592 ..................... (no date)
593-594 ........................ 3-89
595-596 ..................... (no date)
597-598 ....................... 12-91
599-600 ..................... (no date)
601-606 ........................ 5-92
607-608 ..................... (no date)
609-614 ........................ 5-92
614-1-614-2 ..................... 5-92
614-3-614-5 ..................... 9-92
Index:
615-616 ........................ 5-92
616-1 ........................... 5-92
617-618 ........................ 9-89
619-624 ........................ 9-92
624-1 ........................... 9-92
625-628 ........................ 5-92
629-630 ........................ 9-92
630-1-630-3 ..................... 9-92
631-632 ........................ 3-88
632-1 ........................... 3-88
633-634 ....................... 12-91
634-1 .......................... 12-9
635-636 ........................ 9-91
637-63 8 ........................ 9-92
111 (Cupertino 9-92)
Page Number Date Page Number Date
63 8-1 ........................... 9-92
639-640 ........................ 5-92
640-1 ........................... 5 -92
641-642 ........................ 9-92
642-1 .......................... 12-91
643-644 ........................ 3-87
645-646 ........................ 9-92
646-1 ........................... 5 -92
647-650 ....................... 12-87
651-652 ........................ 9-92
652-1 ........................... 9-92
653-654 ........................ 2-92
654-1 ........................... 2-92
655-656 ........................ 3-88
657-65 8 ........................ 9-92
65 8 -1-65 8 -2 ..................... 9-92
659-664 ........................ 5-92
(Cl~patino 9-92) 1V
2.44.120
second and fourth Monday of each month at seven-
thirty p.m. Each regular meeting may be adjourned
to a date certain, which shall be specified in the
order of adjournment and when so adjourned, such
adjourned meeting shall be a regular meeting for all
purposes. (Ord 1596, 1992: Ord 1199, 1982)
~t3
(G~patino 9-92)
2.48.010
Chapter 2.48
DEPARTMENTAL ORGANIZATION
Sections:
2.48.010 Purpose.
2.48.020 Departments and divisions.
2.48.030 Authority of City Manager.
2.48.010 Purpose.
The purpose of this chapter is to provide for a
more efficient organizational structure for the City,
to designate its departments and divisions, and to
describe their functions. (Ord. 484 § 1, 1971)
2.48.020 Departments and divisions.
The following departments aze established:
A. Department of Finance.
1. This department shall be responsible for the
day-to-day processing of all fiscal records, the prep-
azation of financial statements, preparation of the
annual operating budget, the compilation of fiscal
data from which a capital improvements budget may
be constructed, and the prepazation of other statisti-
cal and fiscal analyses to be used as a managerial
tool by the City Manager.
2. The Director of Finance shall be the head of
this department. He also shall be appointed Treasur-
er and shall act as ex officio Assessor and shall
assess and collect all City taxes save and except
those collected by State and County officers for the
City.
B. Department of Community Development.
1. This department shall have the following
divisions:
a. Planning Division. This division shall be
responsible for current and long-range planning, the
development and maintenance of the general plan
and specific plans, and the processing of applica-
tions for use permits, variances, and changes of
zoning.
b. Building Division. This division shall be
responsible for the enforcement of the building
codes ,the sign ordinance and other similar regula-
tory ordinances.
2. The Director of Community Development
shall be the head of this depaztment, with the Build-
ing Official being responsible for activities within
the building division.
C. Department of Public Works.
1. This department shall have the following
divisions:
a. Street Maintenance Division. This division
shall be responsible for the maintenance of streets,
storm drains and street lights.
b. Buildings and Grounds Division. This divi-
sion shall be responsible for the maintenance of all
City buildings, and all grounds, including park sites,
street medians, and the civic center.
c. Water Utility Division. This division was
created under a sepazate ordinance, but for opera-
tional administrative purposes shall be treated as a
division of the Depaztment of Public Works, except
for customer service, accounting, and fiscal matters.
d. Engineering and Administration Division.
This division shall be responsible for providing
engineering services and general administration for
the Department of Public Works.
2. The Director of Public Works shall be the
head of this department;
D. Department of Parks and Recreation.
1. This department shall be responsible for all
recreational programs of the City, and for the plan-
ning and development of existing and future park
sites. The physical maintenance of these pazks,
however, shall be under the Department of Public
Works.
2. The Director of Pazks and Recreation shall be
the head of this depaztment.
E. Department of Public Safety.
1. This depaztment shall be responsible for law
enforcement and fue protection services. However,
since these services are presently contracted for by
the City, this department shall not be implemented,
and the Director of Public Safety shall not be ap-
pointed, until the City Council, by appropriate ordi-
nance, resolution,
(Cuputioo 9-92)
Title 3
REVENUE AND FINANCE
Chapters:
3.04 Documentary Stamp Tax
3.08 Sales and Use Taa:
3.09 Alternate Sales and Use Tax
3.12 Transient Occupancy Tax
3.16 Assessment and Collections
3.20 Special Gas Tax Street Improvement Fund
3.22 Purchase of Supplies and Equipment
3.23 Public Works Contract and Bidding Procedures
3.25 Sale of Surplus Supplies and Equipment
3.32 Construction Tax
3.34 Utility Users Excise Tax
3.36 Storm Drainage Sf~rvice Charge
71 (cap«tina 9-92>
3.34.210
3.34.210 Liberal construction.
This chapter shall be liberally construed to pro-
mote its objects. (Ord. 1534 (part), 1990)
3.34.220 Defect or omission-Validity of
proceedings or taxes.
If the jurisdiction of the Council to order the
proposed act is not affected, the defect or omission
of any officer in proceedings under this chapter does
not invalidate the proceedings or taxes levied under
this chapter. (Ord. 1534 (part), 1990)
3.34.230 Limitation of actions.
The validity of this chapter or of any tax levied
pursuant to this chapter shall not be contested in any
action or proceeding or defense unless such action
or proceeding or defense shall have been brought or
raised within ninety days from the date of the ap-
proval of this chapter and the levy of the tax by the
voters of the City on November 6, 1990. Unless an
action or proceeding is commenced or such defense
raised within such period, this chapter and any tax
levied pursuant to this chapter shall be held valid
and in every respect legal and incontestable. (Ord.
1534 (part), 1990)
3.34.240 Severability.
If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter or any part
hereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the
remaining portions of this chapter or any part there-
of. The Council declares that it would have passed
each section, subsection, subdivision, paragraph,
sentence, clause or paragraph thereof, irrespective
of the fact that any one or more sections, subsec-
tions, subdivisions, paragraphs, sentences, clauses or
phrases is declared unconstitutional. (Ord. 1534
(part), 1990)
100-7 (Cupertino 9-92)
3.36.010
Chapter 3.36
STORM DRAINAGE SERVICE CHARGE
Sections:
3.36.010 Purpose of the
charge-Limitation of use.
3.36.020 Definitions.
3.36.030 Determination and imposition
of charge.
3.36.040 Exemptions.
3.36.050 Annual review of charges.
3.36.060 Methods of measurement and
analysis.
3.36.070 Effective date of charges.
3.36.080 Charges collected with general
taxes.
3.36.090 Payment of balance of charge.
3.36.100 Collection of charges omitted
from tax roll-Billing.
3.36.110 Payment of charges-Owner
responsibility.
3.36.120 Payment of charges-Location.
3.36.130 Payment of charges-
Delinquency date.
3.36.140 Penalty for delinquency.
3.36.150 Disputed charges.
3.36.160 Adjustments in charges.
3.36.170 Special fund created-
Restricted use of revenues.
3.36.180 Refunds.
3.36.190 Inspection of premises
authorized.
3.36.200 Payment of delinquent
charges-City enforcement
powers.
3.36.210 Severability.
3.36.010 Purpose of the charge-
Limitation of use.
A. The purpose of the charge is to conserve and
protect the City's storm drainage system from the
burden placed on it by the increasing flow of non-
point source runoff and to otherwise meet the re-
quirements developed by the Santa Clara Valley
Non-Point Source Control and Storm Water Man-
agement Program established to comply with the
Clean Water Act, EPA regulations and the cities'
NPDES permits.
B. The specific purpose of the storm drainage
service charges established pursuant to this chapter
is to derive revenue which shall only be used for the
acquisition, construction, reconstruction, mainte-
nance, and operation of the storm drainage system
of the City to repay principal and interest on any
bonds which may hereafter be issued for said pur-
poses, to repay loans or advances which may hereaf-
ter be made for said purposes and for any other
purpose set forth in Section 3.36.160. However,
said revenue shall not be used for the acquisition or
construction of new local street storm sewers or
storm laterals as distinguished from main trunk,
interceptor and outfall storm sewers. (Ord. 1599 §
1 (P~))
3.36.020 Definitions.
Except where the context otherwise requires, the
following definitions in this section shall govern the
construction of this chapter:
A. "Apartment premises" means premises im-
proved or used for a residence for three (3) or more
families living independently of each other and
doing their own cooking and which is not separately
assessed by the county tax assessor for each such
family dwelling.
B. "City" means and includes all territory lying
within the municipal boundaries of the City of Cu-
pertino aspresently existing plus all territory which
may be added thereto during the effect term of the
ordinance codified herein.
C. "Commercial/industrial premises" means pre-
misesimproved or used for any purpose or purposes
other than as a residence for one or more families
living separately in separate dwelling units, or which
is improved or used as a residence for one or more
families living separately in separate dwelling units
and for one or more other purposes.
cc~Pauno 9-9z~ 100-8
3.36.020
D. "Director of Public Works" means the Duec-
tor of Public Works and his/her duly authorized
agents and representatives.
E. "Finance Director" means the Director of Fi-
nance of the City of Cupertino and his/her duly
authorized agents and representatives.
F. "Lot" means a unit of land which may law-
fully be sold as a separate azea of land in conformi-
ty with the City's subdivision ordinance.
G. "Maintenance and operation" means the ad-
ministration, operation, maintenance and repair of
any facility in the City's storm drain system, includ-
ing, but not limited to:
1. Items ordinarily recognized as capital items
(e.g., interests in land) when reasonably necessary
to maintain the capacity of the storm drain system
when new;
2. Street sweeping and catch basin cleaning;
3. Replacement of portions of existing facilities
damaged or destroyed as a result of accident or
natural disasters;
4. Damages or settlements paid in the course of,
or because of, threatened or actual legal actions to
the City's storm drain system or non-point source
program;
5. Regional monitoring, permit fees, public
education and awazeness programs regazding the
City's storm drain system and the City's nonpoint
source program;
6. Management of the City's non-point source
program including, but not limited to, BMP man-
uals, public outreach, printed materials, City staff
and legal costs related thereto.
H. "Parcel" means a unit of land which is desig-
nated by the tax assessor of Santa Clara County for
property tax purposes.
I. "Premises" means a sepazate area of land im-
proved or unimproved, which is connected to or
benefited from, directly or indirectly, the storm
drainage system or any portion thereof, or from
which any water runoff is dischazged, directly or
indirectly, into said storm drainage system.
J. "Residential premises" means premises, other
than apartment premises, improved or used solely
as a residence for one or more families living sepa-
rately in separate dwelling units.
K. "Storm drainage system" means any pipe,
conduit, or sewer of the City designed or used for
the disposal of storm and surface waters and drain-
age including unpolluted cooling water and unpol-
luted industrial process water, but excluding any
community sanitary sewer system.
L. "Vacant premises" means an azea of land
consisting of a single lot or a lot which is part of a
subdivision recorded in the office of the County
Recorder, or a lot or azea of land described by meter
and bounds which has been recorded, without any
structure existing upon it. (Ord. 1599 § 1 (part))
3.36.030 Determination and imposition of
charge.
For purposes specified in Section 3.36.010, the
storm drainage service charge established pursuant
to this chapter are hereby prescribed and imposed,
and shall be paid to and collected by the City, for
services and facilities furnished by the City in con-
nection with its storm drainage system to or, for
each premises which is benefited directly or indi-
rectly by said storm drainage system or any part
thereof, or from which any storm water is conveyed
or discharged directly or indirectly into the storm
drainage system. Said chazge imposed annually and
will be assessed and collected as follows:
Residential premises $12.OQ~patoel
Apartment premises $144.00/acre
CommerciaVIndustrial premises $144.00/acre
Vacant premises $36.00/acre
(Ord. 1599 § 1 (part))
3.36.040 Exemptions.
All government or public premises aze exempt
from the provisions of this chapter. As used herein
the term "governmental or public premises" means
and includes premises which are owned by:
A. The City of Cupertino;
B. The Central Fire District of Santa Clara
County;
C. The Cupertino Union School District;
la)-9 (Cupertino 9-n)
3.36.040
D. The Foothill Community College District;
E. The Fremont Union School District;
F. The Midpeninsula Regional Pazk District;
G. Santa Clara County;
H. Santa Clara County Valley Water District;
I. Cupertino Sanitazy District;
J. Southern Pacific Railroad Company;
K. State of California;
I. United States of America. (Ord. 1599 § 1
(P~))
3.36.050 Annual review of charges.
On or about the beginning of each fiscal year, the
City Council shall review the amount of revenue
produced by the storm drainage service chazge, the
estimated cost of the City's Non-Point Source Con-
trol and Storm Water Management Program and
may modify the amount of such charges. (Ord. 1599
§ 1 (P~))
3.36.060 Methods of measurement and
analysis.
A. Prior to establishing or reviewing the storm
drainage service chazge, the City Council shall be
provided with a written report prepazed by the Di-
rector of Public Works who, on the basis of stan-
dard methods, standazd engineering practices and
applicable provisions of this chapter, shall render his
written opinion as to the adequacy and appropri-
ateness of methods employed to measure land area
of premises served bythe storm drainage system for
the purpose of computing the storm drainage service
charges as set forth in this chapter.
B. The Director of Public Works, on the basis
of standard methods, standard engineering practices,
applicable provisions of this chapter, and applicable
state and federal regulations and guidelines, if any,
shall also render his written opinion at to the benefit
received by each premises from the storm drainage
system. (Ord. 1599 § 1 (part))
3.36.070 Effective date of charges.
The storm drainage service chazges shall become
effective on the effective date of this chapter. (Ord.
1599 § 1 (part))
3.36.080 Charges collected with general
taxes.
A. Subject to the exceptions hereinafter set forth,
the City elects, as an alternative procedure for the
collection of storm drainage service charges pre-
scribed orimposed bythe provisions of this chapter,
to have all such storm drainage service chazges for
each fiscal year collected on the tax roll in the same
manner, by the same persons and at the same time
as, and together with and not separately from, its
general taxes.
B. The Director of Public Works is hereby di-
rected to prepare and file with the City Clerk, on or
before the fifteenth day of June of each year, or
such other date or dates as the City Council may
specify by resolution, a written report containing a
description of each and every pazcel of real property
receiving the benefit of the storm drainage system
mentioned in this chapter, except for those premises
the chazges for which are not to be collected on the
tax roll, and the amount of the storm drainage ser-
vice charges for each premises for the forthcoming
fiscal year, computed in conformity with the chazges
prescribed by the provisions of this chapter.
C. The City Clerk shall cause notice of the filing
of said report and of a time and place of hearing
thereon to be published, prior to the date for heaz-
ing, in a newspaper of general circulation printed
and published within the City. The publication of
said notice shall be once a week for two consecutive
weeks. Two publications in a newspaper published
once a week or more often, with at least five days
intervening between the respective publication dates,
not counting such publication dates, are sufficient.
The period of notice commences upon the first day
publication and terminates at the end of the four-
teenth day.
D. At the time stated in the above-mentioned
notice, the City Council shall heaz and consider all
objections or protests, if any, to the report referred
to in said notice, and may continue the hearing from
time to time. If the Council finds that protest is
made by owners of a majority of separate pazcels of
property described in the report, then the report shall
not be adopted and chazges shall be collected sepa-
(Cupertino 9-92) 100_ 10
3.36.080
rately from the tax roll and shall not constitute a
lien against any pazcel or parcels of land.
E. Upon the conclusion of the hearing, the City
Council may adopt, revise, change, reduce, or modi-
fy any charge or overrule any or all objections and
shall make its determination upon each charge as
described in said report, which determination shall
be final.
F. 1. On or before the first day of August of
each year following such final determination, the
City Clerk shall file with the Finance Director a
copy of the report with a statement endorsed thereon
over the City Clerk's signature that it has been
finally adopted by the City Council.
2. The Finance Director shall thereupon cause
said chazges to be placed on the property tax roll
and collected by the County for the City, as herein-
after provided. The County's tax collector shall
enter the amounts of the charges against the respec-
tive premises or lots or parcels of land as they ap-
peaz on the current assessment roll. ff the property
is not described on the roll, the County's tax collec-
tor may enter the description thereon, together with
the amounts of the chazges as shown in the report.
G. The amount of the charges shall constitute a
lien against the lot or parcel of land against which
the chazge has been imposed as of noon on the first
Monday in March immediately preceding the date
of the levy.
H. The tax collector shall include the amount of
the chazges on bills for taxes levied against the
respective lots and pazcels of land. Thereafter the
amount of the charges shall be collected at the same
time and in the same manner and by the same per-
sons as, together with and not separately from, the
general taxes for the City, and shall be delinquent
at the same time and thereafter be subject to the
same delinquency penalties.
I. All laws applicable to the levy, collection and
enforcement of general taxes of the City including,
but not limited to, those pertaining to matters of
delinquency, collection, cancellation, refund and
,redemption, aze applicable to such chazges.
J. The tax collector may, at the tax collector's
discretion, issue separate bills for such chazges and
separate receipts for collection on account of such
charges.
K If any premises receiving benefit from the
storm drainage system aze omitted from the
abovementioned report or said tax roll, either be-
cause the chazge therefor shall not have yet been
ascertained by the City as of the date of said report,
or for any other reason, the storm drainage service
chazge for such premises shall be collected in the
manner provided elsewhere in this chapter. If the
charge for any premises, as shown on said report for
the forthcoming fiscal yeaz, should be less than what
should be the charge therefor under the provisions
of this chapter, the balance of such chazge shall be
collected in the manner provided elsewhere in this
chapter. If, however, the charge for any premises
shown in the report and collected on the tax roll
should exceed the correct chazge for such premises
for the fiscal year, the Finance Director shall refund
the excess amount so collected. (Ord. 1599 § 1
(P~))
3.36.090 Payment of balance of charge.
A. If the chazge for any premises placed on the
tax roll, or for any premises collected based upon
billing, was less than what should be the chazge
therefor under the provisions of this chapter due to
error, the balance of said chazge shall be collected
by a bill or invoice based on a detailed statement
showing the basis of the calculations, the location
of the premises and other relevant information, and
prepared on or after January 1st for the preceding
six months from July to December during which a
discrepancy between the amount collected and the
correct charge is discovered, and on or after July 1st
for the preceding six months from January to June
during which such a discrepancy is discovered. The
Finance Director shall mail said bill or invoice to
the person or persons listed as the owners of the
premises on the last equalized assessment roll of the
County at the address shown on such assessment
roll or to the successor in interest of such owner if
the name and address of such successor in interest
is known to the Finance Director. Failure to mail
any such bill or invoice, or failure of any owner to
100'-11 (Cupertino 9-92)
3.36.090
receive any such bill or invoice shall not excuse the
owner of any premises from the obligation of pay-
ing the balance of any storm drainage service charge
for any premises owned by him or her.
B. The interested owner may, at any reasonable
time, review the detailed statement prepared by the
Finance Director.
C. The balance of the storm drainage service
charge for such premises shall be due and payable
on the date the bill or invoice referred to in this
section is mailed. (Ord. 1599 § 1 (part))
3.36.100 Collection of charges omitted
from tax roll-Billing.
A. The Finance Director shall semi-annually, on
or after July 1st, prepare or cause to be prepared a
detailed statement containing the basis of the calcu-
lations, the location of the premises and other rele-
vant information, showing the total monthly charge
for the preceding six months from January to June
and on or after January 1st, for the preceding six
months from July to December for any premises the
charge for which should be collected on the tax roll
pursuant to Section 3.36.080A but was omitted from
the report referred to in Section 3.36.080B, or pre-
mises the charge for which is collected pursuant
billing.
B. An invoice may be rendered for a period of
less than six months if the commencement date of
charges is other than July 1st or January 1st, as may
be the case with new accounts.
C. On the basis of the statement, the Finance
Director shall prepare a bill or invoice showing the
total charge for such six months or less, and shall
mail said bill or invoice to the person or persons
listed as the owners of the premises on the last
equalized assessment roll of the County at the ad-
dress shown on such assessment roll, or to the suc-
cessor in interest of such owner if the name and
address of such successor in interest is known to the
Director. Failure to mail any such bill or invoice,
or failure of any owner to receive any such bill or
invoice shall not excuse the owner of any premises
from the obligation of paying any storm drainage
charge for any premises owned by him or her.
D. The interested owner may, at any reasonable
time, review the detailed statement prepared by the
Finance Director.
E. The storm drainage service charge for such
premises shall be due and payable immediately upon
receipt of the bill or invoice referred to in this sec-
tion. (Ord. 1599 § 1 (part))
3.36.110 Payment of charges-Owner
responsibility.
The owner of any premises is and shall be re-
sponsible for payment of any and all storm drainage
service charges applicable to premises owned by
him or her. It shall be and is hereby made the duty
of each such owner to provide to the Finance Direc-
tor information sufficient to calculate the land area
of the premises within thirty days after request of
the Finance Director and ascertain from the Finance
Director the amount and due date of any such
charge applicable to premises owned by such owner
and to pay such charge when due and payable. It
also shall be and is hereby made the duty of all
owners of all premises to inform the Finance Direc-
tor immediately of all circumstances, and of any
change or changes in any circumstances, which will
in any way affect the applicability of any charge. In
particular, but not by way of limitation, an owner of
any premises shall immediately inform the Finance
Director of any sale or transfer of such premises by
or to such owner. (Ord. 1599 § 1 (part))
3.36.120 Payment of charges-Location.
Except as otherwise provided elsewhere in this
chapter, all storm drainage service charges shall be
payable at the office of the Finance Director in the
City Hall of the City. (Ord. 1599 § 1 (part))
3.36.130 Payment of charges-Delinquency
date.
Except as otherwise provided elsewhere in this
chapter, each storm drainage service charge shall be
delinquent if not paid on or before the fortieth day
immediately following the date upon which such
storm drainage service charge became due and pay-
able. (Ord. 1599 § 1 (part))
(Cupertino 9-92) 100-12
3.36.140
3.36.140 Penalty for delinquency.
Except as otherwise provided elsewhere in this
chapter, whenever any storm drainage service charge
becomes delinquent, there shall be imposed a penal-
ty equal to one hundred percent of the amount as set
forth under Section 3.36.030. (Ord. 1599 § 1 (part))
storm drainage system. However, any agreement or
any such special storm drainage service charge may
at any time be revoked or changed by resolution of
the Council upon a finding that continuation of
same would be unfair or inequitable under the cir-
cumstances. (Ord. 1599 § 1 (part))
3.36.150 Disputed charges.
If any owner disputes the amount of the charge
in any bill or invoice, the owner shall, within thirty
days from and after the date such bill or invoice is
mailed, and no later, file a claim with the Finance
Director accompanied by detailed supporting factual
data in support of the claim. It shall be the duty of
each such owner to prove to the Finance Director,
that such chazge is in error and the correct amount
thereof. If the Finance Director determines that the
bill or invoice was in error, the Finance Director
shall correct said bill. Failure to dispute the amount
of the charge in accordance with this section shall
be deemed acceptance of the correctness of the
charge. (Ord. 1599 § 1 (part))
3.36.160 Adjustments in charges.
It is the intent of the provisions of this chapter,
in establishing different storm drainage service
charges for different classes of premises, to establish
higher charges for those classes of premises which
derive greater benefit from, or impose greater bur-
dens upon, the storm drainage system, or other
benefits received by the storm drainage system,
giving full consideration to other fees or taxes which
may be paid by owners of the premises for the
operation, maintenance, expansion, extension or
development of the storm drainage system. If, with
respect to any of said premises, the City Council
should find that the chazge applicable thereto is
unfair or inequitable, then in that event the Council
may by resolution, agreement or otherwise, establish
a special storm drainage service charge for such
premises, different from those above provided, and
having a closer relationship to the benefit received,
or burden placed, by such premises from or upon
said storm drainage system, giving due consideration
to other fees or taxes paid by such premises for said
3.36.170 Special fund created-Restricted
use of revenues.
A. All revenues collected pursuant to the provi-
sions of this chapter shall be placed into a special
fund which is hereby created for such purpose and
which shall be known as the "storm drainage service
charge fund." Such revenues may be used for the
purpose specified in Section 3.36.010, and for no
other purpose; provided, however, that moneys
deposited in the fund may be used for direct and
administrative costs of the City in collecting the
storm drainage chazges imposed by this part and for
direct and indirect overhead costs of the City in
performing any tasks, including, but not limited to,
calculation of the benefits received by properties
from the storm drainage system.
B. As used in this section, "direct costs" means
wages and salaries and costs of employee fringe
benefits incurred by the City, and mileage reim-
bursement attributable to said collection activities.
As used in this section, "administrative costs" in-
cludes, but is not limited to all costs for computer
service, materials, postage, supplies and equipment.
C. Notwithstanding subsections 3.36.170A and
3.36.170B, interest on revenues in the storm drain-
age service chazge fund may be credited to the
general fund of the City or to any other fund in the
discretion of the City Council. (Ord. 1599 § 1
(P~))
3.36.180 Refunds.
Whenever any refunds should become owing by
virtue of any relief granted by the City Council
pursuant to the provisions of Section 3.36.150 or by
virtue of any error made in ascertaining the chazge
applicable to any premises, the Finance Director is
authorized to make such refunds and to expend for
such purpose the moneys in the storm drainage
100-13 (Cupertino 9-92)
3.36.180
service chazge fund Notwithstanding the provisions
of Section 3.36.150, any claim for refund for chazg-
es collected under Section 3.36.080 must be made
within one yeaz after the date bills for taxes are
received by the owner. The City shall not be liable
for interest or any amount determined to be refund-
able. (Ord. 1599 § 1 (part))
3.36.190 Inspection of premises authorized.
The Director of Public Works, the Finance Direc-
tor and their authorized representatives aze hereby
given power and authority to enter upon and within
any premises to ascertain the nature of such premis-
es; to inspect, observe, and review the benefit re-
ceived from the storm drain system as may be al-
lowed by law. (Ord. 1599 § 1 (part))
3.36.200 Payment of delinquent
charges-City enforcement
powers.
A. Notwithstanding other remedies, in the event
of the failure of any owner to pay when due any
storm drainage service chazges applicable to premis-
es owned by such owner, the City may enforce
payment of such delinquent chazges by instituting
action in any court of competent jurisdiction to
collect any charges which may be due and payable
in the same manner as any other debts owing to the
City may be collected.
B. Any and all delinquent payments may be
placed on the tax roll, and collected with property
taxes, as provided in Section 3.36.080.
C. Such other action may be taken as may be
authorized by law and by the City Council.
D. Remedies under this section are in addition
to and do not supersede or limit any and all other
remedies, civil and criminal. (Ord. 1599 § 1 (part))
3.36.210 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this chapter for any reason held
to be unconstitutional or otherwise void or invalid,
by any court of competent jurisdiction, the validity
of the remaining portion of this chapter shall not be
affected thereby. (Ord. 1599 § 1 (part))
(Cupertino 9-92) 100-14
Title 10
PUBLIC PEACE, S~-FETY AND MORALS
Chapters:
I. OFFENSES BY OR AGAINST PUBLIC OFFICERS
AND GO~JERNMENT
10.10 Conduct in Public Buildings
II. OFFENSES AG~~INST THE PERSON
III. OFFENSES AGAINST PUBLIC HEALTH AND
SAI.'ETY
10.20 Explosives
10.21 News Racks
10.24 Fireworks
10.25 Prohibiting and Regulating Smoking in Certain
Public Places
10.26 Regulation of Police Alarm Systems and Devices
10.27 Cigarette and/or Tobacco Vending Machines
IV. OFFENSES AGAIrfST PUBLIC DECENCY
10.28 Gambling
10.30 Elimination of Bodily Waste in Public Places
V. OFFENSES AGAINST PUBLIC PEACE
10.44 Parades
10.46 Prohibition of Certain Types of Construction on
Saturdays, Sunday~~ and Holidays, and During
Certain Hours on ~~Veekdays
10.48 Community Noise I~ontrol
10.49 Consumption of or Possession of Open
Container of Intoxicating Liquors in Public
Places
243 (cwp«tino 9-92)
VI. OFFENSES AGAINST PROPERTY
10.52 Distribution of Handbills and Advertisements
10.56 Trespassing Upon Parking Lots, Shopping
Center Property and Other Property Open to
the Public
VII. CONSUMER PROTECTION
VIII. OFFENSES BY OR AGAINST MINORS
10.68 Curfew
10.70 Exhibition of Drug Paraphernalia to
Minors-Public Nuisance
IX. WEAPONS
10.76 Firearms Permit
10.82 Licenses to Sell Concealed Weapons
(Cupertino 9-92) 241
10.27.010
Chapter 10.27
CIGARETTE AND/OR TOBACCO VENDING
MACHINES
Sections:
10.27.010 Short title.
10.27.020 Intent and purpose.
10.27.030 Prohibition of vending machine
sales.
10.27.040 Exemptions.
10.27.050 Violations-Penalties.
10.27.010 Short title.
This chapter shall be known as the "cigarette
and/or tobacco vending machine ordinance." (Ord.
1588 § 1 (part), 1992)
unlawful for any person, corporation or other entity
to place, install, maintain or control any vending
machine or any other machine or device designed
for the dispensing, distribution or sale of cigarettes
or other tobacco products in any public place within
the City.
B. For the purposes of this chapter, "public
place" is defined as any azea to which any members
of the public aze invited, or in which any members
of the public aze permitted, including, but not limit-
ed to, public transportation facilities, medical facili-
ties, reception areas, restaurants, restaurant/baz com-
binations, retail stores, retail service establishments,
retail food productions and mazketing establish-
ments, waiting rooms, service clubs, public or pri-
vate cafeterias, or any workplace or work areas.
(Ord. 1588 § 1 (part), 1992)
10.27.020 Intent and purpose.
The City Council finds that the availability of
cigazettes and tobacco products marketed through
vending machines which dispense such products
promotes the use of tobacco products among minors
contrary to existing state laws which prohibit the
sale or distribution of cigazettes and/or tobacco
products to persons under the age of eighteen.
Therefore, the City Council finds and declazes it
necessary to enact this chapter to recognize the
promote of such laws, and to protect the public
health, safety and welfare. (Ord. 1588 § 1 (part),
1992)
10.27.030 Prohibition of vending machine
sales.
A. Except as provided in 10.27.040, it shall be
10.27.040 Exemptions.
Exempted from the terms of this chapter aze those
establishments which serve alcoholic beverages
pursuant to a Type 48, Type 61 or Type 42 license
from the California Alcohol Beverage Control
Board, the terms of which license prohibit persons
under twenty-one years of age from entering and
remaining on the premises, and which comply with
this section. Cigazette vending machines shall be
located at least twenty-five feet from any entry into
the premise. (Ord. 1588 § 1 (part), 1992)
10.27.050 Violations-Penalties.
Any person violating any provision of this chap-
ter shall be guilty of an infraction and punishable as
provided by Chapter 1.12 of this code. (Ord. 1588
§ 1 (part), 1992)
25fi-1 (Cupertino 9-92)
10.48.052
10.48.052 Outdoor public events.
(1) Outdoor events open to the general public on
nonresidential property, such as pazades, rallies,
fairs, concerts and special sales and promotional
events, involving generation of noise levels higher
than would normally occur, by use of the human
voice, public address systems, musical instruments,
electronic amplification systems, and similar
sound-producing activities, aze allowed upon obtain-
ing anappropriate permit from the city, and subject
to the following general limitations:
(a) The event shall not produce noise levels
above 70 dBA on any residential property for a
period longer than three hours during daytime.
(b) The event shall not produce noise levels
above 60 dBA on any residential property during
the period from eight p.m. to eleven p.m., and above
55 dBA for any other nighttime period.
(c) Continuous or repeated peak noise levels
above 95 dBA shall not be produced at any location
where persons may be continuously exposed.
(2) The conditions imposed upon the event or
activity in the permit issued by the City, regazding
maximum noise level, location of noise sources, or
duration of activity, for example, may be more
limiting than this section, to protect certain individu-
als, areas or neazby activities which would otherwise
be disturbed, and these permit conditions, when in
conflict with this section, aze overriding. (Ord. 1022
§ 1 (part), 1980)
10.48.053 Grading, construction and
demolition.
(1) Grading, construction and demolition activi-
ties shall be allowed to exceed the noise limits of
Section 10.48.040 during daytime hours; provided,
that the equipment utilized has high-quality noise
muffler and abatement devices installed and in good
condition, and the activity meets one of the follow-
ing two criteria:
(a) No individual device produces a noise level
more than 87 dBA at a distance of twenty-five feet
(7.5 meters); or
(b) The noise level on any neazby property does
not exceed 80 dBA.
(2) It is a violation of this chapter to engage in
any grading, street construction, or underground
utility work within seven hundred fifty feet of a
residential azea on Saturdays, Sundays and holidays,
and during the nighttime period, except as provided
in Section 10.48.030.
(3) Grading, construction, or demolition occur-
ring during nighttime periods shall not be allowed
unless they meet the nighttime standards of Section
10.48.040.
(4)The use of helicopters as a part of a construc-
tion and/or demolition activity shall be restricted to
between the hours of eight thirty a.m. and six thirty
p.m. Monday through Saturday only.
Prior to using a helicopter, written or verbal
notice shall be given to the Department of Planning
and Development. The notice shall be given at least
twenty-four hours in advance of said usage. In cases
of emergency, the twenty-four hour period may be
waived. (Ord. 1278 (part), 1984: Ord 1022 § 1
(part), 1980)
10.48.054 Interior noise in multiple-family
dwellings.
Noise produced in any multiple-family dwelling
unit shall not produce a noise level exceeding 45
dBA five feet from any wall in any adjoining unit
during the period between seven a.m. and ten p.m.,
or exceeding 40 dBA during hours from ten p.m. to
seven a.m. the following day. (Ord. 1022 § 1 (part),
1980)
10.48.055 Motor vehicle idling.
Motor vehicles, including automobiles, trucks,
motorcycles, motor scooters and trailers or other
equipment towed by a motor vehicle, shall not be
allowed to remain in one location with the engine
or auxiliary motors running for more than three
minutes in any hour, in an area other than on a
public right-of--way, unless:
(1) The regulaz noise limits of Section 10.48.040
are met while the engine and/or auxiliary motors aze
running; or
2 ~ 1 (Cupertino 9-92)
10.48.055
(2) The vehicle is in use for provision of police,
fire, medical, or other emergency services. (Ord.
1022 § 1 (part), 1980)
10.48.056 Noise from registered motor
vehicles.
(1) It is a violation of this chapter to own or
operate a motor vehicle, including automobiles,
trucks, motorcycles and other similaz devices of a
type subject to registration, as defined in California
Vehicle Code, which has a faulty, defective, deterio-
rated, modified, replaced, or no exhaust and/or
muffler system, and which produces an excessive
and disturbing noise level, as defined in California
Vehicle Code Sections 27150 and 27151.
(2) The Stationary Vehicle Test Procedure, as
adopted by the California Highway Patrol, may be
utilized as prima facie evidence of violation of this
section. (Ord. 1022 § 1 (part), 1980)
10.48.057 Noise from off-road recreational
vehicles.
It is a violation of this chapter to own or operate:
(1) Any off-road recreational vehicle, including
all-terrain vehicles, dirt bikes, dune buggies and
other similaz devices, as defined in Division 16.5 of
the California Vehicle Code, which has a faulty,
defective, deteriorated, modified, replaced, or no
exhaust and/or muffler system, and which produces
an excessive and disturbing noise level, as specified
in California Vehicle Code Section 38365;
(2) Any off-road recreational vehicle producing
a noise level:
(a) Exceeding 98 dBA within twenty inches of
any component at an intermediate engine speed of
two thousand to four thousand revolutions per min-
ute in a stationary position; or
(b) Exceeding 80 dBA under any condition of
acceleration, speed, grade, and load at a distance of
fifty feet. At greater or lesser measurement distanc-
es, the maximum noise level changes by 4 dB for
each doubling or halving of distance. The sound
level meter shall be set for FAST response for this
measurement. (Ord. 1022 § 1 (part), 1980)
ARTICLE VI. PROHIBITED ACTS
10.48.060 Noise disturbances.
No person shall unreasonably make, continue, or
cause to be made or continued, any noise distur-
bance asdefined in Section 10.48.010. (Ord. 1022
§ 1 (part), 1980)
10.48.061 Animals and birds.
It is unlawful and a nuisance for any person to
keep, maintain or permit upon any lot or parcel of
land within the City under his control any animal,
including any fowl, which by any sound or cry shall
habitually disturb the peace and comfort of any
person in the reasonable and comfortable enjoyment
of life or property. (Ord. 1022 § 1 (part), 1980)
10.48.062 Nighttime deliveries and pickups.
It is unlawful and a nuisance for any person to
make or allow vehiculaz deliveries or pickups to or
from commercial establishments (defined as any
store, factory, manufacturing, or industrial plant
used for the sale, manufacturing, fabrication, assem-
bly or storage of goods, wazes and merchandise) by
the use of private roads, alleys or other ways located
on either side or the back of any building housing
the commercial establishment where such private
road, alley or other way lies between the building
and any adjacent parcel of land zoned for residential
purposes, between the hours of eight p.m. and eight
a.m. weekdays (Monday through Friday mornings)
and eight p.m. and nine a.m. on weekends (Saturday
and Sunday mornings). (Ord. 1149, 1981: Ord.
1066, 1981: Ord. 1022 § 1 (part), 1980)
(Cupertino 9-92) 272
Title 11
VEHICLES AND TRAFFIC
Chapters:
11.04 Abandoned, Wreclked, Inoperative Vehicles
11.08 Bicycles
11.09 Pedestrians
11.10 Off-street Vehicles
11.12 Speed Limits
11.16 Arterial Streets
11.20 Stop Signs
11.24 Stopping, Standing; and Parking-Public Streets
11.26 Stopping, Standing; and Parking-Private
Streets
11.27 Permit Parking Zone
11.28 Miscellaneous Parking Regulations-On-street
Parking
11.29 On-site Parking
11.30 Regulation of TraflFic in the Downtown Area
11.31 Regulation of Parking on Property Owned by
City
11.32 Truck Traffic Roul:es
11.34 Roadway Design Features
11.36 Closure of Curbs and Medians to Vehicular
Traffic
11.37 Overweight Vehicles Permit
11.38 Transportation Demand Management
283 (Cupertino 9-92)
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle
within any pazkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall pazk
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall pazk a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1589, 1992; Ord. 1578, 1992; Ord.
1577, 1992; Ord. 1564, 1991; Ord. 1562, 1991; Ord.
1553, 1991; Ord. 1547 (part), 1991; Ord. 1521,
1990; Ord. 1467, 1988; Ord. 1455, 1988; Ord. 1454,
1988; Ord. 1446, 1988; Ord. 1439, 1988; Ord. 1428,
1987; Ord. 1423, 1987; Ord 1419 (part), 1987; Ord.
1409 (part), 1987; Ord. 1405 (part), 1987; Ord.
1397, 1987; Ord. 1395, 1986; Ord. 1390 (part),
1986; Ord. 1388, 1986; Ord. 1357, 1986; Ord. 1351,
1986; Ord. 1338, 1986; Ord. 1325, 1985; Ord. 1304,
1985; Ord. 1189 (part), 1984; Ord. 1285, 1984; Ord.
1276 (part), 1984; Ord. 1266, 1984; Ord. 1245
(part), 1983; Ord 1221, 1983; Ord. 1218, 1983;
Ord. 1203 (part), 1982; Ord. 1178, 1982; Ord. 1172
(part), 1982; Ord. 1170, 1982; Ord. 1156, 1982;
Ord. 1152 (part), 1981; Ord. 1151 (part), 1981; Ord.
1148, 1981; Ord. 1140, 1981; Ord. 1129, 1981; Ord.
1124 (part), 1981; Ord. 1118 (part), 1981; Ord.
1115, 1981; Ord. 1097, 1981; Ord. 1072, 1980; Ord.
1069, 1980; Ord. 1058, 1980; Ord. 1025, 1980; Ord.
1001, 1980; Ord. 993, 1980; Ord. 992, 1980; Ord.
980, 1980; Ord. 971 (part), 1980; Ord. 927, 1979;
Ord. 908, 1979; Ord. 899, 1978; Ord. 886 § 1,
1978; Ord. 873 § 2, 1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1547 (part), 1991; Ord. 1545, 1990; Ord. 1518,
1990; Ord. 1476 (part), 1988; Ord. 1427, 1987; Ord.
1422, 1987; Ord. 1392, 1986; Ord. 1390 (part),
1986; Ord. 1369, 1986; Ord 1276 (part), 1984; Ord.
1265, 1984; Ord. 1264, 1984; Ord 1245 (part) 1983;
Ord. 1203 (part), 1982; Ord. 1172 (part), 1982; Ord.
1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135,
1981; Ord. 1124 (part), 1981; Ord 1118 (part),
1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999
(part), 1980; Ord 971 (part), 1980; Ord. 873 § 3,
1973; Ord. 843 § 10.2, 1977)
3 ]~ 3 (cap«uno 9-~z~
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and Between Mann Drive and a point 100 feet east thereof
South
Alhambra East Between University Way southerly to Southern Termi-
Avenue nus (approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevard and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariam Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boule-
vard and a point 166 feet south of Stevens Creek Boule-
vard
Blaney Avenue Both Between Villa De Anza Boulevard and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevard and a point 450 feet
north thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north
thereof
Blaney Avenue East Between Stevens Creek Boulevard and Rodrigues Ave-
nue
Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet
north of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north
thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south,
to Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a
point 150 feet east of Hyde Avenue
(C~p«uno 9-n~ 314
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Bollinger Road North Between a point 140 feet east of Fazallone Drive and a
point 450 feet west of Blaney Avenue
Bubb Road Both Between McClellan Road and Stevens Creek Boulevard
Bubb Road East Between McClellan Road and a point 550 feet south
thereof
Christensen South Between Ann Arbor Avenue and Stelling Road
Drive
De Anza East Betw~:en a point 600 feet north of Maziani Avenue to
Boulevard the northerly City limits
De Anza East Between Bollinger Road and Pacifica Drive
Boulevazd
De Anza East Betwf;en a point 450 feet north of Stevens Creek Boule-
Boulevazd vazd ~md a point 1,025 feet south thereof
De Anza East Betwe:en Lazaneo Drive and a point 255 feet northerly
Boulevard thereof
De Anza West Between Bollinger Road and a point 700 feet north of
Boulevard Homestead Road
Empire Avenue West Between University Way and Grand Avenue
English Oak East Between Majestic Oak Way and a point 400 feet north
WaY thereof
Finch Avenue East Between Stevens Creek Boulevard and ±400 feet south
of Sorensen Avenue
Finch Avenue West Between a point 300 feet south of Sorenson Avenue and
a point 250 feet south thereof
Foothill East Betwe~:n Stevens Creek Boulevazd and a point 320 feet
Boulevard north of Salem Avenue
Foothill East Betwef;n a point 490 feet north of Salem Avenue and
Boulevazd Vista 1Cno11 Boulevard
Foothill East Betwef;n Starling Drive and Freeway 280
Boulevazd
3l 5 (Cupertino 9-9z)
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Foothill West Between Stevens Creek Boulevazd and Vista Knoll
Boulevard Boulevazd
Forest Avenue North Between the centerline of (west) Vista Drive to (east)
Vista Drive
Grand Avenue North Between Peninsula Avenue and Santa Claza Avenue
Grand Avenue North Between Santa Clara Avenue and Empire Avenue
Hillcrest Road Both Between Crescent Road and the northerly terminus of
Hillcrest Road
Homestead Road South Between Foothill Boulevard and a point 100 feet east of
Lucky Oak and thence from Barranca Drive and the east
City limits, all portions currently or hereafter within the
City limits
Homestead Road South Between a point 200 feet west of Maine Drive and the
east City limits, all portions currently or hereafter within
the City limits
Homestead Road North Between a point 1,300 feet west of a point 550 feet east
of De Anza Boulevazd
Kim Street West Between Bollinger Road and Kirwin Lane
Lazaneo Drive Both Between De Anza Boulevazd and Bandley Dr.
Lazaneo Drive North Between a point 370 feet west of (west) Vista Drive
centerline
Lazaneo Drive South Between a point 420 feet west of (west) Vista Drive
Lubec Street Both Between Mary Avenue and Anson Avenue
Lucille Avenue North Between Villa De Anza Avenue and a point 150 feet
west of Larry Avenue
Majestic Oak South Between California Oak Way and English Oak Way
Way
(cwpertino 9-92) 316
11.38.010
Chapter 11.38
TRANSPORTATION DEMAND
MANAGEMENT
Sections:
11.38.010 Purpose.
11.38.020 Definitions.
11.38.030 Average vehicle ridership goals.
11.38.040 Administration.
11.38.050 Applicability.
11.38.060 Implementation schedule.
11.38.070 Designation of manager and
commute coordinator.
11.38.080 Baseline TDM report.
11.38.090 Annual TDM reports.
11.38.100 Enforcement.
11.38.010 Purpose.
The purpose of this chapter is to promote the
development of transportation demand management
programs at employer work sites with one hundred
or more employees during the morning peak traffic
period in order to reduce traffic impacts and im-
prove air quality within the City. In order to accom-
plish that purpose, this chapter establishes certain
reporting requirements to enable the City to evaluate
the effectiveness of existing TDM Programs and to
chart progress Citywide toward achieving the aver-
age vehicle ridership goals established in Section
11.38.030. (Ord. 1586 § 1 (part), 1992)
11.38.020 Definitions.
For the purpose of this chapter, the following
words and phrases are defined and shall be con-
structed asset forth in this section.
A. "Average vehicle ridership (AVR)" means the
total number of employees assigned to a work site
between six a.m. and nine a.m. Monday through
Friday divided by the number of vehicles they drive
from home to work. Credit may be given for em-
ployee work trips eliminated during a biweekly
period due to the use of compressed work weeks or
telecommuting.
B. "Carpool" means a motor vehicle occupied by
two or more employees traveling together.
C. "Commute" means any home-to-work or
work-to-home trip.
D. "Commute alternatives" means any form of
commute transportation except bysingle-occupancy
vehicle.
E. "Commute coordinator" means an employee
or contractor of an employer, whose responsibility
is the day-to-day management of any TDM Pro-
gram.
F. "Compressed work week" means a work
schedule for an employee which eliminates at least
one roundtrip commute biweekly. For example,
forty hours of work in four ten-hour days or a work
plan that allows one day off every other week,
known as the nine-eighty plan.
G. "Designee(s)" means any private entity or
governmental agency designated by the City to
administer all or any of the provisions of this chap-
ter except those related to the bringing of enforce-
ment actions under this chapter.
H. "Employee" means one who is assigned to
the designated work site in the a.m. peak period. An
employee is one who works in the service of an
employer for either wages or salary, as a contract
employee under the direction of the work site em-
ployer orthrough atemporary service agency during
a period of more than ninety continuous days.
I. "Employer" means any public or private
employer, including the City and the County, which
has a work site in the City. For purposes of this
chapter, the maximum number of employees on the
day shift at the designated work site shall determine
the size of the employer.
J. "Flexible work hours" means a variation of
an employee's work hours to provide an incentive
for the employer to use commute alternatives.
K "Peak period" means the hours from six a.m.
to nine a.m., Monday through Friday, excluding
federal holidays. Peak period trips shall mean
employees' commute trips to a work site where the
employees' work day begins.
L. "Person" means an individual, trust, firm,
joint stock company, corporation, partnership, asso-
34''-3 (Cupertino 9-92)
11.38.020
ciation or other business entity, city, county, district,
the state, any department or agency thereof, or the
United States, to the extent authorized by law.
M. "Single-occupancy vehicle" means a motor
vehicle occupied by one employee for commute
purposes.
N. "Telecommuting" means a system of either
working at home or at an off-site work station with
computer facilities that link to the work site.
O. "Transportationdemand management ('TDM)"
means the provision of information, assistance,
incentives or other measures designed to increase
average vehicle ridership (AVR) and which is in-
tended to reduce the number of motorized vehicles
driven to the work site.
P. "Transportation demand management program
(TDM Program)" means a plan implemented by an
employer designed to carry out TDM. TDM Pro-
grams may include any or all of the following TDM
services and incentives;
1. Rideshare matching;
2. Preferential parking for ridesharing vehicles;
3. CarpooUvanpool subsidies or rewards;
4. Transit ticket sales;
5. Transit ticket subsidies;
6. Shuttle to transit line;
7. Flexible work hours for people who do not
drive alone;
8. Compressed work weeks;
9. Work-at-home programs;
10. Telecommuting;
11. Establishing fees for employee pazking;
12. Membership in a transportation management
association that provides TDM services and incen-
tives;
13. Contribution to a transportation systems man-
agement program administered by a member agency;
14. Cycling and walking subsidies or rewards;
15. Site design amenities that would encourage
transit use, ride-sharing, cycling and walking;
16. Other programs approved by the City's
designee to reduce the number of employees who
drive alone to the work place.
Q. "Transportation management association
(TMA)" means an organization through which de-
velopers, employers and/or local governments coop-
erate in designing, implementing, and evaluating a
TDM Program.
R. "Transportation systems management" means
low-cost improvements to the transportation system
(roads and transit) which increase the operational
efficiency and/or capacity of the system.
S. "Vanpool" means a van occupied by seven to
fifteen employees who commute together to work.
T. "Vehicle" means a vehicle as defined in the
California Vehicle Code, but for the calculation of
AVR does not include public or private transit buses
or nonmotorized bicycles.
U. "Work site" means any place of employment,
base of operation or predominant location of the
employer. All buildings or facilities operated or
occupied by the employer within the City and with-
in aradius of 1.5 miles of a single centrally located
building or facility operated or occupied by the
same employer shall be deemed a single work site.
For the purposes of this chapter, the actual boundary
azea of a work site will be identified in submittals
made pursuant to this chapter and approved by the
City or its designee. (Ord. 1586 § 1 (part), 1992)
11.38.030 Average vehicle ridership goals.
The following AVR goals aze established in order
to achieve and measure progress towazd a net in-
crease in the use of commute alternatives and a
reduction in vehicle trips to the work site during the
six a.m. to nine a.m. commute:
A. By July 1, 1993, the AVR goal shall be 1.18;
B. By July 1, 1995, the AVR goal shall be 1.26;
C. By July 1, 1997, the AVR goal shall be 1.33.
(Ord. 1586 § 1 (part), 1992)
11.38.040 Administration.
The provisions of this chapter shall be adminis-
tered by the City, or by any designee authorized by
the City Council to administer the provisions of this
chapter on behalf of the City. No designee shall be
authorized to bring any legal action on behalf of the
City for enforcement of any provision of this chap-
ter. (Ord. 1586 § 1 (part), 1992)
cc~p«~o 9-~~ 342-4
11.38.050
11.38.050 Applicability.
The provisions of this chapter shall apply to all
work sites within the City with one hundred or more
employees during the hours of six a.m. to nine a.m.
(Ord. 1586 § 1 (part), 1992)
11.38.060 Implementation schedule.
A. It is the intent of this chapter to establish an
implementation date for every employer subject to
the provisions of this chapter. For purposes of estab-
lishing animplementation date, the employers shall
be divided into the following four categories, based
upon the employer's work site within the City:
1. Category 1 consists of all work sites operated
or occupied by the City and all other work sites
having one thousand or more employees;
2. Category 2 consists of all work sites having
five hundred to nine hundred ninety nine employees;
3. Category 3 consists of all work sites having
two hundred fifty to four hundred ninety nine em-
ployees;
4. Category 4 consists of all work sites having
one hundred to two hundred forty nine employees.
B. All actions required by this chapter to be
taken by an employer with respect to any work site
within a specified period of time after the imple-
mentation date, shall be taken within that period of
time measured from the implementation date estab-
lished in this section for that category of work sites
within which the particular work site falls. The
implementation date for Category 1 work sites shall
be July 1, 1992. It is the intent of this chapter that
the implementation dates for Categories 2, 3 and 4
shall be set at approximately six-month consecutive
intervals following the implementation date for
Category 1; however, the exact implementation date
for each category shall be established by resolution
of the City Council and shall be published in a
newspaper of general circulation within the City
pursuant to Section 6061 of the California Govern-
ment Code. (Ord. 1586 § 1 (part), 1992)
11.38.070 Designation of manager and
commute coordinator.
A. Within forty-five days after the scheduled
implementation date, every employer within any of
the categories in Section 11.38.060 shall appoint a
designated manager for each work site. An employer
having more than one work site within the City may
appoint one manager for all work site or individual
managers for one or more of the work sites. The
manager shall have the obligation to and shall carry
out the following duties, responsibilities and func-
tions:
1. Manage the operation of any TDM Program
implemented at the work site;
2. Compile, review, approve and submit the
baseline and annual TDM reports for the work
site(s) to the City or its designee;
3. File with the City or its designee such other
material or information as is required by this chap-
ter;
4. Serve as management liaison with the City or
its designee concerning TDM.
B. Within forty-five days after the implementa-
tion date, the employer shall appoint a commute
coordinator for each work site(s) within the City.
The commute coordinator shall have the day to day
responsibility for administering any TDM Programs
implemented by the employer. If the commute coor-
dinatorhas not had a total of twelve months' experi-
ence as a TDMprogram coordinator the coordinator
shall complete, within sixty days of appointment, a
commute coordinator training course. The course
may be conducted by a recognized TDM consultant
or association or public entity or employer in-house
training program with a TDM training program
which is approved by the City or its designee. A
designated manager may also directly administer the
employer's TDM Programs without a separate com-
mutecoordinator being required. However, any such
manager shall meet the qualifications set forth in
this subsection.
C. Within thirty days after making the appoint-
ments required by this section, the employer shall
notify the City or its designee in writing of the
appointments. Such notification may be mailed first
34~ -5 (Cupertino 9-92)
11.38.070
class, postage prepaid, to the officer and address
designated by the City or its designee. The employer
shall assume responsibility for determining that such
notification has been received by the City or its
designee. The notice shall include the following
information regarding each appointee:
1. Name;
2. Title;
3. Business hours;
4. Business telephone number;
5. Business mailing address;
The employer shall provide similaz written notice
to the City or its designee within thirty days of any
change in any such appointment.
D. In the event any employer or work site be-
comes subject to this chapter after its effective date,
the employer shall comply with the terms of this
section within the times specified measured from the
date on which the employer or work site became
subject to this chapter. (Ord. 1586 § 1 (part), 1992)
11.38.080 Baseline TDM report.
A. Within one hundred eighty-five days of the
implementation date for any work site, every em-
ployer within any of the categories set forth in Sec-
tion 11.38.060 shall file with the City or its
designee a baseline TDM report for each work site
within the City. The baseline report shall be in such
format as may be established by the City or its
designee. An employer having multiple work sites
within the City may, with the consent of the City or
its designee, establish a schedule for submittal of
baseline TDM reports for its vazious work sites
which vary from that set forth in this section; pro-
vided, that the baseline TDM reports for all work
sites within the City shall be submitted not later
than the scheduled filing date for any work site
pursuant to this section. The information to be pro-
vided in the baseline TDM reports for each work
site shall include the following:
1. Number of employees by work hours and
work site of the day shift;
2. A residence zip code breakdown of employee
base by work site;
3. The average vehicle ridership (AVR) as deter-
mined by one or more of the following means:
a. An employee survey developed by the City
or its designee. The distribution of such survey shall
be accompanied by information affording each em-
ployee the option, at the request of the employee, to
receive a carpool or vanpool matchlist and/or transit
information,
b. An employee survey developed by the em-
ployer and approved by the City or its designee. The
distribution of the survey shall include information
affording each employee the option at the request of
the employee, to receive a carpool or vanpool
matchlist and/or transit information,
c. A statistically valid random sample survey
utilizing a methodology approved by the City or its
designee,
d. Pazking lot counts utilizing a methodology
approved by the City or its designee,
e. Gate counts using a methodology approved
by the City or its designee;
4. A description of all TDM services and incen-
tives offered to employees;
5. A listing of all pazking chazges imposed on
employees;
6. A listing of the factors that might influence
use of commute alternatives;
7. Such other information as may be required by
the City or its designee.
B. Regazdless of the reporting schedule used for
parking lot counts, the measurement of the AVR for
the six a.m. to nine a.m. peak period shall be per-
formedbetween nine a.m. and ten forty-five a.m. on
Tuesday, Wednesday, and Thursday of the same
week. Regazdless of the reporting schedule used for
gate counts, the measurement of the AVR shall be
performed from six a.m. to nine a.m. on Tuesday,
Wednesday, and Thursday of the same week.
C. Measurements shall not be taken in a week
falling within those times of the year established by
the City or its designee which would be expected to
result in a distortion of the results based on holiday,
annual rideshaze promotion or other similaz occur-
rences.
(Cupertino 9-n) 342-6
11.38.080
D. Any work site or employer which becomes
subject to this chapter after its effective date shall
file a baseline report for any work sites subject to
this chapter within one hundred eighty-five days of
becoming subject to this chapter or having an addi-
tional work site become subject to this chapter.
(Ord. 1586 § 1 (part), 1992)
11.38.090 Annual TDM reports.
Every employer required to file a baseline TDM
report shall submit an annual TDM report to the
City or its designee every twelve months thereafter.
The information submitted shall be current to within
nine months of the annual report due date. The
annual reports shall contain the same type of infor-
mation as is required in the baseline report. (Ord.
1586 § 1 (part), 1992)
11.38.100 Enforcement.
A. Criminal penalties. Any person who violates
any provision of this chapter shall be guilty of an
infraction and upon conviction thereof shall be
punished as set forth in Chapter 1.12 of this code.
B. Civil penalties. Any person who violates any
provision of this chapter shall be liable for a civil
penalty not to exceed five hundred dollars per day
for each violation, which shall be assessed and
received in a civil action brought in the name of the
people by the City Attorney. In any civil action
brought to seek such civil penalty, and/or to obtain
injunctive relief for violation of any provision of
this chapter in which action the City prevails, the
court shall determine and impose reasonable expens-
es, including attorneys' fees, incurred by the City in
the investigation and prosecution of the action.
C. Remedies Not Exclusive. Remedies under this
chapter are in addition to and do not supersede or
limit any and all other remedies, civil or criminal.
(Ord. 1586 § 1 (part), 1992)
342-7 (Cupertino 9-92)
15.32.010
Chapter 15.32
WATER CONSERVATION
Jose Water Company. (Ord. 1587 (part), 1992: Ord.
1580 (part), 1992: Ord. 1558 § 2, 1991: Ord. 1524
§ 2, 1990: Ord. 1513 § 2, 1990)
Sections:
15.32.010 Findings and determinations.
15.32.020 Definitions.
15.32.030 Prohibitions on water use.
15.32.040 Exemptions.
15.32.050 Emergency suspension of water
service.
15.32.060 Violation-Penalty.
15.32.010 Findings and determinations.
The City Council finds and determines as fol-
lows:
A. Local reservoir water storage in and azound
Santa Clara County is depleted, as determined by
the Santa Clara Valley Water District; and
B. Groundwater production must remain in rela-
tive balance with rechazge from yeaz to yeaz in
order to prevent overdrafting of the aquifers, with
associated loss of long-term storage and possible
infrastructure damage; and
C. Santa Clara County may be entering its sixth
year of below average rainfall, and there are insuffi-
cientlocal and imported water resources to meet the
current and anticipated demand; and
D. The Santa Clara Valley Water District and the
Cupertino Water Utility anticipate a need for an
area-wide effort to reduce water consumption. (Ord.
1587 (part), 1992: Ord. 1580 (part), 1992: Ord.
1558 § 1, 1991: Ord. 1524 § 1, 1990: Ord. 1513 §
1, 1990)
15.32.020 Definitions.
As used in this chapter:
A. "Customer" means any person who pays for
service to the Cupertino Municipal Water Utility.
B. "Person" means any individual, firm, partner-
ship, association, corporation, trust, governmental
body or other organization or entity.
C. "Water" means potable water.
D. "Water provider" means Cupertino Municipal
Water Utility, California Water Service and/or San
15.32.030 Prohibitions on water use.
The following water uses shall be prohibited
throughout the City until such time as a declazation
is officially made by the Santa Clara Valley Water
District that a drought condition no longer exists
within Santa Claaa County:
A. No person shall waste water, including, but
not limited to, flooding or runoff on sidewalks or
gutters.
B. No person shall use water for cleaning of
sidewalks, driveways, patios, pazking lots, or other
paved or hard surfaces.
C. No person shall use water through a hose for
washing motor vehicles or recreation vehicles or
other types of vehicles without a positive automatic
shutdown valve on the outlet end of the hose.
D. No person shall use water for construction
purposes (reclaimed/recycled is available for this
use).
E. No person shall waste water through the non-
repair of defective plumbing, sprinkler watering or
irrigation systems.
F. No person shall use water to irrigate land-
scaping during daylight hours.
G. No restaurant shall serve water unless specifi-
cally requested by a customer.
H. No person shall use water for single pass
cooling process for new building construction.
I. Watering at golf courses to be limited to tees,
landing azeas, and greens.
J. Large water users will be required to perform
water audits at their facilities. Cities have to decide
what constitutes a large user.
K. New landscaping to conform to City's
Xeriscape Guidelines. (Ord. 1587 (part), 1992: Ord.
1580 (part), 1992: Ord. 1558 § 3, 1991: Ord. 1524
§ 3, 1990: Ord. 1513 § 3, 1990)
41~ -1 (Cupertino 9-n)
15.32.040
15.32.040 Exemptions.
This chapter does not apply to the following:
A. The planting of trees;
B. Landscaping or revegetation required as envi-
ronmental mitigation, such as: landscaping needed
for erosion control; to restore native or naturalized
plantings, or wildlife habitat that would be disrupted
by project construction; or to provide critical screen-
ing of visually sensitive elements of a project;
C. Landscaping that replaces existing landscap-
ing subject to a determination by the Director of
Public Works that the new landscaping will utilize
an equal or lesser amount of water and is in confor-
mance with the City's xeriscape guidelines. (Ord.
1580 (part), 1992)
15.32.050 Emergency suspension of water
service.
In the event of an emergency involving broken
or defective plumbing, sprinkler, watering or irriga-
tion systems where in the opinion of the Public
Works Director water is being or will be lost in
considerable quantity, the City may require that the
water provider immediately suspend water service
without notice or hearing to any customer pending
repairs. The water provider shall attempt to give
notice to the customer or customers affected as soon
as practical. Subject to other provisions of this chap-
ter, service shall be restored as soon as practical.
(Ord. 1587 (part), 1992: Ord. 1580 (part), 1992:
Ord. 1558 § 4.02, 1991: Ord. 1524 § 4.02, 1990:
Ord. 1513 § 4.02, 1990)
15.32.060 Violation-Penalty.
The violation of any of the prohibitions outlined
in Section 15.32.030 of this chapter is declared to
be unlawful and shall consititute a misdemeanor
punishable by a fine not to exceed five hundred
dollars, imprisonment for a term not exceeding six
months, or by both such fine and imprisonment.
(Ord. 1587 (part), 1992: Ord. 1580 (part), 1992:
Ord. 1558 § 4.01, 1991: Ord. 1524 § 4.01, 1990:
Ord. 1513 § 4.01, 1990)
(Cupertino 9-92) 412-2
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
16.04.020 Organization and enforcement.
Section 204 of the Uniform Building Code is
amended to read as follows:
Sections:
16.04.010 Adoption of Uniform Building
Code, 1991.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.048 Seismic.
16.04.050 Address posting.
16.04.056 Installation of spark arresters.
16.04.060 Other inspection fees-Table
3-A.
16.04.062 Energy permit fees.
16.04.065 Hearing.
16.04.070 Violation-Penalty.
16.04.080 Severability clause.
* Ptior ordinance history: Ord. 1308.
For statutory provisions regarding the authority of cities to regulate
the building, construction and removal of buildings within the City,
see Gov. Code § 38601; for other provisions concetaing the author-
ity ofcities in regulatiagbuildings and construction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq. Prior ordinance history: Ords.
537, 627, 667, 703, 736, 893 and 1085.
16.04.010 Adoption of Uniform Building
Code, 1991.
The Building Code for the City shall be the 1991
Edition of the California Uniform Building Code,
Parts I to XI inclusive and Appendices, except
Chapter 304(b), Chapter 304(c) and Chapter 70, as
compiled and published by the International Confer-
ence of Building Officials, and the 1991 Edition of
the Uniform Building Code Standards. The Uniform
Building 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, and except
as to omissions, amendments and additions hereinaf-
ter noted, is adopted and amended as part of the
Cupertino Municipal Code, as if fully set forth in
this chapter. (Ord. 1590 (part), 1992: Ord. 1493
(part), 1989: Ord. 1441 (part), 1988: Ord 1361
" (part), 1986)
Section 204 -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 are qualified by experience and training to
pass upon matters pertaining to building construc-
tion installations and materials. The Building
Official shall be an ex-officio member and shall
act as Secretary of the Boazd. The Boazd of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Boazd shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the City Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Boazd of Appeals appointed under this
Code may act as the Board of Appeals under the
other building construction uniform codes. In the
event, an Appeals Board is not appointed by the
legislative body, the Council shall serve as said
Appeals Board.
(Ord. 1361 (part), 1986)
16.04.030 Permits and inspections.
Section 305(f) of the Uniform Building Code is
amended to read as follows:
Section 305(f) -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 are enforced by the Building
Department. For the purpose of determining
compliance with Section 104(d), the Building
Official may cause any structure to be reinspect-
4 a 5 (Cupertino 9-92)
16.04.030
ed. If any inspection is made at the request of
any individual, property owner or lending institu-
tion, afee equal to the cost of making such in-
spection shall be chazged as set forth in the latest
resolution adopted by the city.
(Ord. 1441 (part), 1988: Ord. 1361 (part), 1986)
16.04.048 Seismic.
A. Upon application for a building permit with
a valuation of twenty-five thousand dollars 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 are 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 dollazs or more
in improvements to asingle-family dwelling, the
homeowner must comply with the requirements
stated above and must retain a licensed engineer or
architect to evaluate the structure in order for it to
be brought into compliance with the 1976 Uniform
Building Code Seismic Standards. (Ord. 1493 (part),
1989)
16.04.050 Address posting.
No Certificate of Occupancy or final building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite arrangement shall have the suite number-
ing system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1361 (part),
1986)
16.04.056 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion inexcess of one thousand dollars occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spazk arrester, having a
mesh not exceeding one-half inch. (Ord. 1350 (part),
1986)
16.04.060 Other inspection fees-Table 3-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1441
(part), 1988: Ord. 1361 (part), 1986)
16.04.062 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the city.
(Ord. 1441 (part), 1988: Ord. 1361 (part), 1986)
16.04.065 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. 1590 (part), 1992: Ord.
1361 (part), 1986)
16.04.070 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
(G~pertino 9-n) 416
16.20.010
Chapter 16.20
PLUMBING CODE ADOPTED*
A
PART ONE
ADMINISTRATION
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 Hearing.
* Prior ordinance history: Orris. 536, 625, 798, 891, 1086, 1310.
For statutory provisions regazding the authority of cities to regulate
the construction and location of drains and sewers, and of systems
for piping water of gas, see Gov. Code § 38660.
16.20.010 Adopted by reference.
That certain code entitled "International Associa-
tion ofPlumbing Officials Uniform Plumbing Code,
1991 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.
1591 (part), 1992: Ord. 1493 (part), 1989: Ord.
1366 (part), 1986)
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 Uniform Plumbing
Code, 1991 Edition, wherein either the name of the
City or State is left blank. (Ord. 1591 (part), 1992:
Ord. 1366 (part), 1986)
16.20.030 Incorporations and amendments.
New sections incorporated into and amendments
to the Uniform Plumbing Code, 1991 Edition (the
section numbers hereafter used will correspond to
the numbers in the Uniform Plumbing Code, 1991
Edition, or will be inserted in the most appropriate
sections thereof) as follows:
Section 20.3. Violation -Penalties
Chapter 1.12 of the Cupertino Municipal
Code, titled General Penalty is hereby added to
this section.
Section 20.7 Cost of Permit
SCHEDULE OF FEES
Fees shall be paid the City as set forth in the
latest resolution adopted by the City.
Section 20.14. Board of Appeals
Section 20.14 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 Board 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
Board 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
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 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. ]n the event an Appeals Board is not
4~~1 (Cupertino 9-92)
16.20.030
appointed by the legislative body, the Council
shall serve as said Appeals Boazd.
(Ord. 1591 (part), 1992; Ord. 1441 (part), 1988;
Ord. 1366 (part), 1986)
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. 1366 (part), 1986)
16.20.050 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. 1591 (part), 1992: Ord.
1366 (part), 1986)
(Cupertino 9-92) !~2
16.24.010
Chapter 16.24
MECHANICAL CODE ADOPTED*
Sections:
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Hearing.
16.24.040 Severability.
16.24.050 Board of appeals.
16.24.060 Table No. 3-A-Mechanical
permits fees amended.
16.24.070 Violation-Penalty.
" Prior ordinance history: Orris. 534, 626, 892, 1311.
16.24.010 Adopted by reference.
That certain code entitled "California Uniform
Mechanical Code 1991 Edition," one copy of which
is on file in the office of the Building Department
for use and examination by the public, excepting
those provisions noted in this chapter, is adopted by
reference. (Ord. 1592 (part), 1992: Ord. 1493 (part),
1989: Ord. 1362 (part), 1986)
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. 1362 (part), 1986)
16.24.030 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. 1592 (part),
1992: Ord. 1362 (part), 1986)
16.24.040 Severability.
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 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
sections, subsections, sentences, clauses or phrases
be declazed unconstitutional. (Ord. 1362 (part),
1986)
16.24.050 Board of appeals.
Section 203 of the Uniform Mechanical Code is
amended to read as follows:
In order to determine the suitability of
alterate 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 aze 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
be an ex-officio member appointed by the Mayor,
subject to the approval of the City Council, and
shall hold office at his pleasure. The Board shall
adopt reasonable rules and regulations for con-
ducting its investigations and shall render all
decisions and findings in writing to the Building
Official, with a duplicate copy to the appellant,
and may recommend to the City Council such
new legislation as is consistent therewith. The
same personnel of the Boazd of Appeals appoint-
ed under this Code may act as the Boazd 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 Boazd.
(Ord. 1362 (part), 1986)
4113 (Cupertino 9-92)
16.24.060
16.24.060 Table No. 3-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the City. (Ord. 1441
(part), 1988: Ord. 1362 (part), 1986)
16.24.070 Violation-Penalty.
Section 204 of the California Uniform Mechani-
cal Code is amended by adding Chapter 1.12 of the
Cupertino Municipal Code, titled General Penalty.
(Ord. 1592 (part), 1992: Ord. 1362 (part), 1986)
(Cuputi¢o 9-92) 444
16.28.060
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the Plan-
ning Commission may be appealed to the City
Council as provided by Section 8 of Ordinance 652.
(Ord. 686 (part), 1975)
16.28.070 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 686
(part), 1975)
16.28.080 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 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
is declared unconstitutional. (Ord. 686 (part), 1975)
16.28.090 Publishing clause.
The City Clerk is authorized and directed to
cause a certified copy of the ordinance codified in
this chapter to be published at least once within
fifteen days after its enactment in the Cupertino
Courier, the official newspaper of the City, pub-
lished and circulated within the City. (Ord. 686
(part), 1975)
~~7 (CS~patino 9-42)
16.32.010
Chapter 16.32
SWIMMING POOLS*
Sections:
16.32.010 Purpose.
16.32.020 Definitions.
16.32.030 Scope and application.
16.32.040 Safety requirements.
16.32.050 New construction requirements.
16.32.060 Enforcement authority.
16.32.070 Permit-Required.
16.32.071 Application for permit.
16.32.072 Cost of permit.
16.32.073 Schedule of fees.
16.32.080 Violation-Penalty.
16.32.090 Severability.
16.32.100 Effective date.
* Prior ordinance history: Ord. 139.
16.32.010 Purpose.
The purpose of this chapter is to provide for the
protection of the public health, welfare and safety
by prescribing minimum standards for the design,
construction or installation, repair or alterations of
swimming pools or other pools of water, public or
private, and equipment related thereto; requiring a
permit and inspection therefor; providing for the
administration and enforcement set forth herein;
providing for the qualification and registration of
persons engaged in the business of swimming pool
installation or alterations or equipment related there-
to; and prescribing for penalties for violation there-
of. (Ord. 624 (part), 1974)
16.32.020 Definitions.
A. For the purposes of this chapter, the follow-
ing definitions apply:
1. "Approved" means accepted or acceptable
under an applicable specification stated or cited in
this chapter, or accepted as suitable for the proposed
use under procedures and power of the Administra-
tive' Authority.
2. "Approved testing agency" means an organi-
zation primarily established for the purpose of test-
ing to approved standards and approved by the
Administrative Authority.
3. "Administrative Authority" is the individual
official, board, department, or agency established
and authorized by a state, county, city or other
political subdivision created by law to administer
and enforce the provisions of the swimming pool
code as adopted or amended.
4. "Swimming pool" means any constructed or
prefabricated pool used for swimming or bathing,
over sixteen inches in depth.
S. "Swimming pool -private" includes all con-
structed pools which are used as a swimming pool
in connection with a single family residence, and
available only to the family of the householder and
his private guests.
6. "Swimming pool -public" means any swim-
ming pool other than a private swimming pool.
B. Definitions stated in Chapter 90 of the U.B.C.
apply to this chapter. (Ord. 1595 Exh. A (part),
1992: Ord. 624 (part), 1974)
16.32.030 Scope and application.
A. Administration.
1. Administrative Authority and Assistants.
Whenever the term "Administrative Authority" is
used in this chapter it shall be construed to mean the
Building Official or his authorized representative.
2. Duties of the Administrative Authority. The
Administrative Authority shall maintain public of-
fice hours necessary to efficiently administer the
provisions of this chapter and amendments thereto
and shall perform the following duties:
a. Require submission of, examine and check
plans, specifications, drawings, descriptions or dia-
grams where necessary to show clearly the charac-
ter, kind and extent of pool work covered by appli-
cations for a permit and upon approval thereof shall
issue the permit applied therefor;
b. Collect all fees for permits issued as provided
by this chapter, issue receipts therefor in duplicate,
the duplicate copy of which shall be maintained as
a record of his office;
(CS~patino 9-92) 4t}g
16.32.030
c. Administer and enforce the provisions of this
chapter in a manner consistent with the intent there-
of and inspect all pool work authorized by any
permit to assure compliance with provisions of this
chapter, approving or condemning said work in
whole or in part as conditions require;
d. Issue upon request a certificate of approval
for any work approved by him;
e. Condemn and reject all work done or materi-
als used or being used which do not in all respects
comply with the provisions of this chapter;
f. Order changes in workmanship or materials
or both essential to obtain compliance with all pro-
visions of this chapter;
g. Investigate any construction or work regulat-
ed by this chapter and issue such notices and orders
as provided in subsections 16.32.060B and
16.32.060C;
h. Keep a record of all essential transactions of
his office;
i. Transfer all fees collected by him to the
proper authority provided by law to receive such
funds;
j. Maintain an official register of all persons,
firms or corporations lawfully entitled to carry on
or engage in the business of pool installation;
B. Application.
1. No provisions of this chapter shall be deemed
to require a change in any portion of a pool system
or any other work regulated by this chapter in or on
an existing pool when such work was installed in
accordance with the law prior to the effective date
of the ordinance codified in this chapter; except
when any pool system or code work regulated by
this chapter is determined by the Administrative
Authority to be, in fact, dangerous, unsafe and a
menace to life, health or property.
2. The provisions of this chapter shall apply to
all new construction, to any alterations, repairs or
reconstruction, except as provided in this chapter.
C. Repairs and Alterations. On existing premises
on which pool installations aze to be altered, re-
paired or renovated, deviations from the provisions
of this chapter aze permitted, provided such devia-
tions aze found to be necessary and are first ap-
proved by the Administrative Authority.
D. Public Pools. Requirements for public pools
shall comply with Division 20, Chapter 1, Sections
24100 to 24109 inclusive of the California Health
and Safety Code, and Chapter 5, Subchapter 1,
Group 6, Sections 7774 to 7833 inclusive, California
Administrative Code, Tide 17, Public Health, and
plans shall be reviewed by the Santa Claza County
Health Department. Structural plans, site locations,
and structures relating to public pools shall meet the
requirements of other sections of this chapter. (Ord.
1595 Exh. A (part), 1992: Ord. 624 (part), 1974)
16.32.040 Safety requirements.
A. Every person who owns or is in possession
of any premises, whether as purchaser under con-
tract, lessee, tenant or licensee, on which there is
now situated or at any time hereafter may be situat-
ed aswimming pool, fish pond, wading pool or any
other body of water regulated by this chapter, any
portion of which is sixteen inches or more in depth,
shall maintain on the lot or premises upon which
such swimming pool, fish pond, wading pool or
other artificial body of water is located, and com-
pletely surrounding such body of water. Barrier
requirements shall comply with Unified Building
Code.
B. Manmade decorative pools of water located
within a commercial or industrial development or
within a planned unit development project where the
pool will be owned and maintained by a Homeown-
ers Association may be maintained at a depth in
excess of sixteen inches provided that the design of
the pool has all of the following safety features:
1. There should be no lazge abrupt changes in
water depth in areas of uncontrolled access.
2. Slopes should be controlled to insure good
footing for persons in the water, regazdless of
whether or not entry to the water is allowed or
prohibited. No slope steeper than five to one (one
vertical foot for each five feet horizontal) shall be
allowed without approval by the Administrative
Authority.
419 (Cupertino 9-92)
16.32.040
3. All slope azeas should be designed and con-
structed to prevent or restrict weed and insect
growth with minimum turbidity problems. In gener-
al, this requires some form of hazdened surface on
the slopes.
C. Shorelines erosion should be prevented to
preserve the safety conditions built into a project.
D. The Administrative Authority may require the
applicant to obtain and submit a safety report from
a safety consultant to assure that all safety aspects
of such pool have been considered.
E. Fencing to provide adequate protection, when
required in this section, shall be installed immediate-
ly after excavation.
F. Exception. Nothing in this section shall apply
to any body of water owned or operated by the City.
(Ord. 1595 Exh. A (part), 1992: Ord. 1431, 1988;
Ord. 722, 1976: Ord. 624 (part), 1974)
16.32.050 New construction requirements.
A. Alternate Materials and Methods of Construc-
tion.
1. The provisions of this chapter are not intend-
ed to prevent the use of any alternate material,
method of construction, appliance or equipment
provided any such alternate has been first approved
and its use authorized by the Administrative Author-
ity.
2. When there is insufficient evidence to sub-
stantiate claims for alternates, the Administrative
Authority may require tests, as proof of compliance,
to be made by an approved agency at the expense
of the applicant.
B. Engineering Design. All design, construction
and workmanship shall be in conformity with ac-
cepted engineering practices and shall be of such
chazacter as to secure the results sought to be ob-
tained by this chapter: -
1. Every pool shall be equipped complete with
approved mechanical equipment consisting of filter,
pump, piping, valves and component parts. EXCEP-
TION: Pools with a supply of fresh water equivalent
to the volume of the pool in the specified turnover
time will be allowed.
C. Water Heating Equipment.
1. An approved permanent bypass or anti-
syphon device shall be installed to provide a posi-
tive means of retaining water in the heater when the
pump is not in operation.
2. When the heater is installed in a pit, the pit
shall be provided with approved drainage facilities.
3. All water heating equipment shall be installed
with flanges or union connection adjacent to the
heater.
4. When water heating equipment which is
installed in a closed system has a valve between the
appliance and the pool, a pressure relief valve shall
be installed on the discharge side of the water heat-
ing equipment. For units up to and including
200,000 B.T.U./hr. input the relief valve shall be
A.G.A. rated and for inputs over 200,000 B.T.U./hr.,
the valve shall be A.S.M.E. rated.
5. A check valve shall be located to prevent
backflow of hot water from the heater.
D. Gas Piping. Gas piping shall comply with the
current adopted Uniform Plumbing Code.
E. Final Inspection. All pool installations must
be completed. The pool shall be completely filled
with water and in operation before final inspection.
F. Setback Requirements.
1. The following are setback requirements:
a. Five feet required between property line and
pool;
b. Five feet required between structures and
pool.
The above setbacks are to water line except when
easements aze present that prohibit encroachment;
the five feet dimension shall be to back of pool
structure.
2. EXCEPTIONS:
a. The five feet requirement between house and
pool may be reduced if the design is approved by
a registered professional engineer.
b. A portable pool containing 600 gallons or
less and erected or placed on the surface of the
ground or concrete base may be located within one
foot from structures and three feet from property
line. The three-foot setback distance from a portable
pool to a property line may be reduced or eliminat-
ed if the affected adjoining property owner signs a
(c~patino 9-92) 450
16.32.050
written statement approving the reduction. (Ord.
1595 Exh. A (part), 1992: Ord 1353, 1986; Ord.
624 (part), 1974)
16.32.060 Enforcement authority.
A. Right of Entry. The Administrative Authority
and assistants shall carry proper credentials of the
respective office, upon exhibition of which they
shall have the right of entry, during usual business
hours, to inspect any and all pools or portion thereof
in the performance of their duties.
B. Dangerous Construction. Whenever brought
to the attention of the department having jurisdiction
that any construction or work regulated by this
chapter is hazardous, dangerous, unsafe or a menace
to life, health or property or otherwise in violation
of this chapter, the department may request an in-
vestigation by the Administrative Authority who,
upon determining such information to be fact, shall
order any person, firm or corporation, using or
maintaining any such condition or responsible for
the use or maintenance thereof to discontinue the
use of or maintenance thereof or to repair, alter or
change the same as he may consider necessary for
the proper protection of life, health or property.
Every such order shall be in writing, addressed to
the owner, agent or person responsible for the pre-
mises on which such condition exists and shall
specify the date or time when such order shall be
complied with, which shall allow ten days in which
such order shall be complied with by the person,
firm or corporation receiving such order, but shall
never exceed the maximum period for which such
construction can be safely used or maintained in the
judgment of the Administrative Authority.
Refusal, failure or neglect to comply with such
notice or order shall be considered a violation of
this chapter.
C. Authority to Stop Work. Whenever any con-
struction regulated by this chapter is being or has
been done contrary to the requirements of this chap-
ter, the Administrative Authority may order all work
stopped on that portion of the installation on which
such violation has occurred and to order the removal
or correction on which the violation has occurred.
Every such order shall be in writing, stating the
nature of the violation and fixing a time limit for
compliance. No person shall do any work on any
portion of the equipment regulated by this chapter
after a stop order has been issued, except in confor-
mance with directions of the Administrative Author-
ity. (Ord. 624 (part), 1974)
16.32.070 Permit-Required.
A. No pool installation, alteration or repair work
shall be commenced until a permit to do such work
has first been obtained from the Administrative
Authority.
B. All bodies of water sixteen inches in depth or
greater require permits.
1. The issuance of a permit, based upon submit-
ted plans and specifications shall not prevent the
Administrative Authority from thereafter requiring
the correction of errors in said plans and specifica-
tions, or from preventing construction operations
being carried on thereunder, when in violation of
this chapter or any other pertinent ordinance or from
revoking any approval when issued in error.
2. No person shall permit any other person to do
or cause or permit to be done any pool work under
any permit secured by such persons, except licensed
subcontractors in his employ. (Ord. 624 (part),
1974)
16.32.071 Application for permit.
A. Any person legally entitled to apply for and
receive a permit shall make such application on
forms provided for that purpose. He shall give a
description of the character of the work proposed to
be done and the location, ownership, occupancy and
use of the premises in connection therewith. The
Administrative Authority requires plans, specifica-
tions or drawings and such other information as he
may deem necessary and as prescribed in Section
16.32.070.
B. Application for permits for new construction
shall be accompanied by plans and specifications in
duplicate and in sufficient detail including the fol-
lowing:
4:i 1 (Cupertino 9-92)
16.32.071
Plot plan with site grades, dimensioned, and
drawn to a scale of not less than one-eighth inch per
foot, and showing at least the following:
1. Property lines, easements and rights-of--way
of record;
2. Existing structures, fencing, retaining walls,
and other relevant characteristics. Any portion of a
pool which is constructed below grade as regulated
by this chapter shall be designed and constructed for
this type of installation and for possible surcharge
from a structure on the premises or from a structure
located at property lines or adjacent properties;
3. Proposed pool shape, dimensioned, and locat-
ed to show setbacks, sideyazds and clearance from
existing structures;
4. Proposed mechanical equipment pad, dimen-
sions and location. All heaters, pumps, filters, and
related equipment shall be bolted to cone-piece,
three inch slab or thicker, if weight of equipment
dictates;
5. Proposed deckwork configuration showing its
anticipated drainage;
6. Anticipated overall drainage of pool site. The
contractor shall provide an elevation at pool and at
a fixed point in the vicinity of the pool to correlate
height with overall yazd drainage;
7. Volume, system flow rate in gallons per
minutes, and turnover in hours;
8. Type and size of filtration system and means
of Ovate disposal;
9. Type and size of pool heater if included,
including method of venting and provisions for
combustion air;
10. Pool piping layout with all sizes shown and
types of material to be used, and showing the loca-
tion of the main outlet, surface skimmers and inlets;
11. The rated capacity of the pool pump in gal-
lons per minute at the design head with the size and
type of motor indicated and identified as
self-priming or straight centrifugal;
12. Means of adding make up water;
13. Show size, length from source to heater and
routing of gas line. All underground gas
(Cupertino 9-92) 452/454
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 square 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
16.36.0700 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 aze 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 Sheriffs 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)
4;i9 (Cupertino 9-92)
Chapter 16.40
FIRE CODE*
Sections:
16.40.010 Adoption of Uniform Fire
Code.
16.40.020 Section 2.101 amended-
Administration.
16.40.030 Permits and certificates.
16.40.040 Inspections.
16.40.050 Permit fees.
16.40.060 Final inspection.
16.40.070 General provisions for fire
safety.
16.40.080 Installation and maintenance of
fire protection, life-safety
systems and appliances.
16.40.090 Valves-Installation.
16.40.100 Installation and maintenance of
fire-protection and life-safety
systems.
16.40.110 Buildings sixty to seventy-five
feet in height.
16.40.120 High-rise buildings-
Requirements.
16.40.130 Fire department training
operations.
16.40.140 Smoke proof enclosures.
16.40.150 Required installations of
automatic fire extinguishing
systems hell buildings.
16.40.160 Combustible waste storage
rooms.
16.40.170 Standpipes.
16.40.180 Detailed standpipe
requirements.
16.40.190 Fire alarm systems.
16.40.200 Water flow monitoring.
16.40.210 Fire alarm devices for hearing
impaired.
16.40.220 Earthquake barriers for certain
shelves.
16.40.230 Storage of explosive materials.
16.40.240 Flammable and combustible
liquids-Removing tanks.
16.40.250 Stationary tank storage,
aboveground, outside of
buildings.
16.40.260 Tank storage underground,
outside or under buildings.
16.40.270 Testing-Deletion.
16.40.280 Piping, valves and fittings.
16.40.290 Motor vehicle fuel-dispensing
stations.
16.40.300 Nozzles.
16.40.310 Hazardous materials-
Underground tanks.
16.40.320 Storage of hazardous materials.
16.40.330 New installation of
underground tanks and
piping~econdary containment
required.
16.40.340 Storage facilities storage plan.
16.40.350 Spill control, drainage and
containment.
16.40.360 Spill protection.
16.40.370 Ventilation.
16.40.380 Separation of incompatible
hazardous materials.
16.40.390 Automatic sprinkler systems
for indoor storage and storage
buildings.
16.40.400 Explosion controls.
16.40.410 Limit controls.
16.40.420 Emergency alarm.
16.40.430 Clearance from combustibles.
16.40.440 Storage area flooring.
16.40.450 Design submittals-Approval
by professional engineer.
16.40.460 Weather protection.
16.40.470 Exempt amounts for toxic
gases.
16.40.480 Exempt amounts for Class 1
oxidizers.
16.40.490 Self-detonating pyrophoric
gases~torage generally.
(Cupatiao 9-92) 460
16.40.010
16.40.500 Self-detonating pyrophoric
gases-Storage conditions for
excessive quantities.
16.40.510 Unstable (reactive) materials.
16.40.520 Health hazards.
16.40.530 Dispensing, use and handling of
hazardous materials.
16.40.540 Liquid or solid hazardous
materials dispensation
areas-Flooring.
16.40.550 Hazardous materials
dispensation indoor rooms or
areas-Fire-extinguishing
systems.
16.40.560 Dispensing rooms or
areas-Location.
16.40.570 Laboratory fume hoods and
spray booths-Flammable
materials dispensed or
used-Fire-extinguishing
systems.
16.40.580 Laboratory fume hoods and
spray booths-Flammable
materials used in excess of
exempt amounts-Fire-
extinguishing systems.
16.40.590 Special requirements for highly
toxic and toxic compressed
gases.
16.40.600 Pyrophoric materials-Special
provisions.
16.40.610 Flammable hazardous
materials dispensing or use
areas located within fifty feet of
either a storage area or
building-Vehicle loading
racks-Fire-extinguishing
systems.
16.40.620 Exterior dispensing or use area
to be kept clear of combustible
materials.
16.40.630 Highly toxic and toxic
compressed gases-Exempt
amounts exceeded.
16.40.640 Exterior dispensing for self-
detonating pyrophoric gases.
16.40.650 Handling of hazardous
materials-When exempt
amounts exceeded.
16.40.660 Liquified petroleum gases.
16.40.670 Suppression and control of
hazardous fire areas.
16.40.680 Roof coverings.
16.40.690 Hazardous fire area
designations.
16.40.700 Aboveground storage tanks for
motor vehicle fuel dispensing
stations.
16.40.710 Fire flow requirements for
buildings.
16.40.720 Fire hydrant locations and
distribution.
16.40.730 Violations-Penalties.
16.40.740 Hearing.
16.40.750 Abatement of hazard.
' Prior ordinance history: Ords. 268, 1088, 1113, 1168, 1309, 1352,
1399 and 1493.
16.40.010 Adoption of Uniform Fire Code.
There is adopted by the City for the purpose of
prescribing regulations governing conditions hazard-
ous to life and property from fire or explosion, that
certain code and standards known as the Uniform
Fire Code, including Appendix Chapters I-C, II-A,
II-B, II-C, II-D, II-F, III-A, III-B, III-C, III-D, IV-A,
V-A, VI-A, VI-B, and the Uniform Fire Chiefs
Association and the International Conference of
Building Officials, being particularly the 1991 Edi-
tions 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 examination by the public in
the office of the building department 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. 1594 (part),
1992)
4fi1 (Cupertino 9-92)
16.40.020
16.40.020 Section 2.101 amended-
Administration.
Section 2.101 is amended to read as follows:
The City Manager, through the powers vested
by the City Council, shall have the authority to
delegate any and all responsibility for the mainte-
nance and enforcement 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 similar words are
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" aze
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" are used, they shall mean
the City Attorney of Cupertino.
Wherever the words "Boazd of Appeal" are
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. 1594 (part), 1992)
16.40.030 Permits and certificates.
Section 4.101 is added to read as follows:
(W-3) Permits Required. A permit shall be
required to install, alter or change unless other-
wise herein noted any fire hydrant system, fire
extinguishing system or fire alarm system which
was previously required by permit.
(W-4) It shall be unlawful to operate, main-
tain or use any institution until all State and local
laws and regulations governing safety from fire
and panic have been satisfactorily complied with
and a permit from the Chief has been obtained
for that occupancy. (For the purpose of this Sec-
tion, aninstitution shall be, but is not limited to:
hospital, children's home, home or institution for
insane or mentally retazded persons, home or
institution for the caze of aged or senile persons,
sanitarium, nursing or convalescent home, certi-
fied family caze homes, out of home placement
facilities, halfway house, and day Gaze nurseries
or similaz facility of any capacity.)
(Ord. 1594 (part), 1992)
16.40.040 Inspections.
Section 4.109 is added to read as follows:
Authority to require exposure or to stop
work. Whenever any installation is covered or
concealed without first having been inspected, the
Chief may require, by written notice, that such
work shall be exposed for inspection. The work
of exposing and recovering shall not entail any
expense to the public entity. Whenever any con-
struction or installation work is being performed
in violation of the plans and specification as
approved by the Chief, a written notice shall be
issued to the responsible party to stop work on
that portion of the work which is in violation.
The notice shall state the nature of the violation
and no work shall be done on that portion until
the violation has been corrected.
(Ord. 1594 (part), 1992)
16.40.050 Permit fees.
Section 4.110 is added to read as follows:
Fees. Fees shall be paid to Central Fire District
as follows:
ONE TIME FEE
Permits for fue hydrant systems, fue
extinguishing systems, fire alarm sys-
tems shall be charged as outlined in
Chapter 3 of the Uniform Building
Code. Second and additional re-
inspections ....................... S 30.00 each
(CS~p«tino 9-gz) 462
16.40.050
2. Job site consultation as determined by
the Fire Chief ..................... $ 50.00 Man
Hour/1 Hour
Minimum
YEARLY FEES
3. Institutional permits
A. Over 50 persons ................ $100.00
B. More than 6 persons ............. $75.00
4. Day Care Facilities
Six or More ................... $35.00
5. Places of Assembly
A. 50-300 persons ................. $50.00
B. Over 300 persons ............... $85.00
C. Tents in excess of 300 sq. ft
(or for each permit) .............. $85.00
(Ord. 1594 (part), 1992)
16.40.060 Final inspection.
Section 4.111 is added to read as follows:
Final Inspection. No final inspection 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 District
issues notice of final clearance to the Building
Department.
(Ord. 1594 (part), 1992)
16.40.080 Installation and maintenance of
fire protection, life-safety systems
and appliances.
Section 10.404 is added to read as follows:
Adequate Water Supply. Compliance with
Appendix III-A of this code shall be deemed
adequate, except for the following:
1. Where water supplies available for fire
protection do not meet the above requirements,
buildings equipped throughout with an approved
automatic sprinkler system need not mandatorily
comply with the provisions of this section.
2. 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. For the purpose of
this subsection, detached dwellings with exterior
walls protected in accordance with the provisions
of the Building Code need not comply. For the
purposes of calculating fire flow, area and occu-
pancy separation walls may not be used to reduce
the building size.
(Ord. 1594 (part), 1992)
16.40.070 General provisions for fire safety.
Section 10.207 is added to read as follows:
Gates or other obstructions. Gates or other
obstructions shall not be placed across access
roadways unless of a design approved by the
Chief. Application for the installation of gates or
obstructions shall be made in writing and accom-
panied by plans and specifications detailing the
proposed installation. Existing gates may be
ordered to conform to the above as required by
the Fire Chief.
(Ord. 1594 (part), 1992)
16.40.090 Valves-Installation.
Section 10.405 is added to read as follows:
Valves below grade. Valves for water type
fire protection systems, when installed below
grade, shall be installed in an approved box or
vault.
(Ord. 1594 (part), 1992)
16.40.100 Installation and maintenance of
fire-protection and life-safety
systems.
Section 10.501(d) is added to read as follows:
Tool Caches. Rooms containing fire fighting
equipment may be required by the Chief in occu-
pancies where personnel access, limitations, and
areas below grade or unusual conditions which
make fire fighting unduly difficult. It is the intent
463 (Cupcrtino 9-92)
16.40.100
of this section to place these rooms in buildings
over 60 feet high or more than five (5) stories in
height. It is the intent to help mitigate the man-
power requirement associated with tall building
fires. All original equipment costs to be paid by
building owner.
(Ord. 1594 (part), 1992)
16.40.110 Buildings sixty to seventy-five feet
in height.
Section 10.501(e) is added to read as follows:
Buildings 60-75 feet in height. Buildings
between the height of 60-74 feet, measured
azound the building at lowest level of required
Fire District vehicle access to the top floor finish
surface, shall conform to the following condi-
tions:
1. Smoke detector shall be provided in return
air plenums and mechanical rooms, per Section
1807d1&2 of UBC.
2. Stair lock controls shall be provided in all
stairways, per Section 1807f6-1807j1 of UBC.
3. Sprinkler systems shall be monitored
through fire alarm system per Section 1807f7 of
UBC.
4. Perimeter window shall be usable, per
Section 1807g of UBC.
5. Elevator vestibules and recalls shall be
provided, per Section 1807h of UBC.
6. Standby power shall be provided to eleva-
tor, fire pump (when required), smoke control,
emergency lights, per Section 18071 of UBC.
7. Exit stairs shall be smokeproof enclosures
with electric locks, per Section 3310 of UBC.
(Ord. 1594 (part), 1992)
16.40.120 High-rise buildings-
Requirements.
Section 10.501(f) is added to read as follows:
Detailed requirements for high-rise buildings.
1. Central Control Station.
A. The location of the Central Control Station
(CCS) will be approved by the Fire District: it
will be accessible from the exterior of the build-
ing.
B. A work surface adequate to accommodate
building drawings and plans shall be provided. It
may be collapsible or folding.
C. Minimum cleaz dimensions in the CCS,
with equipment and fixtures installed and the
work surface in the work position, shall be six
feet by ten feet (6' X 10').
D. A water storage tank low level indicator
shall be provided in the CCS. It shall indicate, by
means of an audible and visual signal, when the
water level falls below 100% of the rated tank
capacity and it shall send a tamper or trouble
signal to the central station.
E. The building fire pre-plan and simplified
instructions for use of all equipment, systems and
controls in the CCS shall be provided in the
CCS.
F. The public telephone in the CCS shall be
equipped with the following features: Call wait-
ing, call forwazding, conference calling and speed
dialing.
2. Smoke Control.
A. When approved fixed tempered glass is
used for smoke control, these windows shall be
identified with round, red-colored disks. These
disks shall be two inches (2'~ to three inches (3'~
in diameter and a minimum of 3/16 inch thick.
They shall be affixed to the lower right inside
corner of each tempered glass panel.
B. Tempered glass panels shall be located in
a straight vertical line (one above the other) when
viewing a building elevation.
C. The building foundation shall be marked
in a like manner at a point directly below each
vertical row of tempered glass windows.
3. Elevators. When a freight elevator is
provided, it shall be capable of operating in fire
fighter's mode under emergency power.
4. Stairwells.
A. At least one stairwell shall go to the roof.
All other stairwells shall have roof access by
means of a ladder and hatch.
(Cupertino 9-92) 464
16.40.120
B. Stairwell doors shall have raised number
affixed on the stairwell side at a height of five to
six feet (5-6') above the floor. Numbers shall be
five to six inches (5-6'~ in height.
Intent. New buildings of this magnitude
require considerable training and preplanning to
ensure occupant safety and firefighter awareness.
These sections provide the basis for pre-planning
and training.
(Ord. 1594 (part), 1992)
16.44.130 Fire department training
operations.
Section 10.501(g) is added to read as follows
Training
(1) Prior to occupancy of any newly con-
structed building, that building shall be made
available to the fire department for training oper-
ations. The intent of this requirement is to allow
an opportunity for fire fighters to train and famil-
iarize themselves with the building. This training
shall not delay occupancy of the building.
(2) Prior to occupancy of any newly con-
structed building, the building owner may be
required to provide instruction and operation
manuals, and familiarization orientation to all fire
department personnel regarding the building's fire
protection system. This information and training
is to be provided in such a manner as to cover all
three fire fighter shifts.
(Ord. 1594 (part), 1992)
16.40.140 Smoke proof enclosures.
Section 10.501(h) is added to read as follows:
Smokeproof enclosures. Smokeproof enclo-
sures shall extend to all sub-basements. Tool
caches located in sub-basements shall be located
within smokeproof enclosures.
(Ord. 1594 (part), 1992)
16.40.150 Required installations of
automatic fire extinguishing
systems-Shell buildings.
Section 10.507(1) is added to read as follows:
Shell buildings.
1. When a shell building is constructed and
the finish ceiling is not installed, the shell sprin-
klers will be installed with proper deflector dis-
tances to protect the shell and designed as ceiling
sprinklers.
2. When a shell building is constructed and
tenant improvements are to come later, a sign
shall be placed near the riser and in the telephone
and electrical rooms which states that no combus-
tible cable may be installed above the ceiling
unless it is encased in conduit or is installed
according to other approved methods.
3. For shell buildings that are constructed
without an identified use, the automatic fire
sprinkler system shall meet NFPA standard 13
Ordinary Group III hazard design criteria as a
minimum.
(Ord. 1594 (part), 1992)
16.40.160 Combustible waste storage rooms.
Section 10.507(j) is added to read as follows:
Combustible waste storage rooms. Rooms
containing combustible waste storage shall be
provided with approved automatic fire extinguish-
ing system.
(Ord. 1594 (part), 1992)
16.40.170 Standpipes.
Section 10.510(f) is added to read as follows:
Standpipes required. 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 Sections 3-3.7
and 3-3.8 of N.F.P.A. #13, 1989 Edition.
(Ord. 1594 (part), 1992)
4(r4-1 (Cupertino 9-92)
16.40.180
16.40.180 Detailed standpipe requirements.
Section 10.510(8) is added to read as follows:
Detailed standpipe requirements.
1. The standpipe shall supply 500 gpm to
each roof connection hose valve at 155 psi.
2. Required gpm for entire standpipe is calcu-
lated from UBC Standard 38.2.
3. Calculate to an available pressure at the
fue department connection of 200 p.s.i. mini-
mum.
4. Each 2~/z inch fire department outlet shall
supply 250 gpm.
5. Fire department connection (FDC) piping
shall be four inches (4'~ or two (2) iNets, six
inches (6'~ for four (4) inlets and eight inches
(8'~ for six (6) inlets. Each 2%z inch FDC (re-
ceiver) shall supply 250 gpm to the system.
6. Piping, valves and fittings shall be rated
for the maximum anticipated system pressure
based on using an automatic nozzle and 155
pounds outlet pressure.
7. Pressure-regulating valves (not pressure-
regulating disks) shall be installed as required.
Standpipe hose valves shall be set at 155 p.s.i.
8. The fue department connection shall be
located as specified by the Fire District.
9. Standpipe outlets shall be accessible and
shall be located so that all portions of the build-
ing are within 30 feet of a nozzle attached to 100
feet of hose.
(Ord. 1594 (part), 1992)
16.40.190 Fire alarm systems.
Section 14.104(1) is added to read as follows:
Fire alarm systems. Any building or struc-
ture three or more stories in height shall have
installed therein an approved automatic or manu-
allyoperated fire alarm system, designed to warn
the occupants of the building in the event of fire.
The fire alarm system shall be so designed that
all occupants of the building may be warned
simultaneously, and alarm annunciator panels
shall be provided in such location as required by
the Fue Chief. Annunciation shall be device
function as designated by the Fire Chief.
(Ord. 1594 (part), 1992)
16.40.200 Water flow monitoring.
Section 14.111 is added to read as follows:
Water flow monitoring. When an approved
automatic fire sprinkler system is installed in
conjunction with a fire alarm system, the auto-
matic sprinkler system shall be provided with a
water flow device which shall cause activation of
the fire alarm signaling device.
(Ord. 1594 (part), 1992)
16.40.210 Fire alarm devices for hearing
impaired.
Section 14.112 is added to read as follows:
Fire alarm devices. As part of any required
fue alarm system, devices to alert the hearing
impaired shall be installed as directed by the Fire
Chief.
(Ord. 1594 (part), 1992) .,
16.40.220 Earthquake barriers for certain
shelves.
Section 11.305 is added to read as follows:
Earthquake barriers for certain shelves.
Shelves used for the storage of containers or
flammable or combustible liquids, corrosive or
reactive materials shall be provided with ap-
proved earthquake bamers.
(Ord. 1594 (part), 1992)
16.40.230 Storage of explosive materials.
Section 77.107(b) is added to read as follows:
Storage. The storing of explosive materials
referred to in Section 77.107(a) of the Uniform
Fire Code shall be prohibited in heavily populat-
ed areas.
(Ord. 1594 (part), 1992)
(Cupertino 9-92) 4(x_2
16.40.240
16.40.240 Flammable and combustible
liquids-Removing tanks.
Section 79.116 (c) 1. B. (v) is added to read as
follows:
16.40.280 Piping, valves and fittings.
Section 79.708, last paragraph is amended to read
as follows:
Removing Tanks.
(v) Tanks shall be removed from the city by
the end of the work day in which they are ex-
posed unless they are covered with soil in an
approved manner. The Chief may waive this
requirement on a case by case basis when the
tank is not near streets, public ways or neighbor-
ing occupancies and the site is well secured.
(Ord. 1594 (part), 1992)
16.40.250 Stationary tank storage,
aboveground, outside of buildings.
Section 79.501 is amended to read as follows:
Storage of Class I, II and III liquids in above
ground tanks outside of buildings is permitted
only in areas zoned as industrial. Storage of Class
I, II and III-A liquids shall be within special
enclosures, as defined in Section 79.902 (c).
(Ord. 1594 (part), 1992)
16.40.260 Tank storage underground,
outside or under buildings.
Section 79.605 (c), second paragraph, third sen-
tence is amended to read as follows:
Testing.
Pneumatic testing shall not be used for tanks
unless an inert gas is used to purge and test the
tank. For piping, see Section 79.708.
(Ord. 1594 (part), 1992)
16.40.270 Testing-Deletion.
Section 79.605 (c), third paragraph, first sentence
is deleted:
Testing.
(Ord. 1594 (part), 1992)
Testing.
Existing piping shall be tested as described
above when the Chief has reasonable cause to
believe that a leak exists. Piping that could con-
tain flammable or combustible liquids or vapors
shall not be tested pneumatically unless an inert
gas is used to purge and test the piping. Such
tests shall be at the expense of the owner or
operator. See Section 79.605 (c).
(Ord. 1594 (part), 1992)
16.40.290 Motor vehicle fuel-dispensing
stations.
Section 79.902 (c) 5 is amended to read as fol-
lows:
Special Enclosures.
5. Tanks containing Class I, II or III-A liq-
uids shall not exceed 6,000 2,000 gallons individ-
ual or 18,000 6,000 gallons aggregate.
(Ord. 1594 (part), 1992)
16.40.300 Nozzles.
Section 79.903 (e) 2, first two paragraphs are
amended to read as follows:
Nozzles.
2. A listed automatic-closing-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 without alatch-open device. The
design of the system shall be such that the hose
nozzle valve will close automatically in the event
the valve is released from a fill opening or upon
impact with a driveway.
(Ord. 1594 (part), 1992)
464-2a (Cupertino 9-9z)
16.40.310
16.40.310 Hazardous materials-
Underground tanks.
Section 80.114 is added to read as follows:
The laws and regulations set forth in Califor-
niaHealth and Safety Code Chapter 6.7 and 6.75,
Division 20, Underground Storage of Hazadous
Substances, and the associated regulations in the
California Code of Regulations Title 23 Waters,
Chapter 3 Water Resources Control Board, Sub-
chapter 16 Underground Tank Regulations, as
amended are adopted by reference as the mini-
mum standards in effect in the City of Cupertino.
The chief can require more stringent standards
through either written policy statements or other
sections of this Code.
(Ord. 1594 (part), 1992)
16.40.320 Storage of hazardous materials.
Section 80.301 (a) 3 is amended to read as fol-
lows:
Quantities not exceeding exempt amounts.
A. General. Storage of hazaddous materials,
in container, cylinders, and tanks, not exceeding
the exempt amounts specified in Sections 80.302
through 80.315 is not required to be in accor-
dance with this division except as provided in
this subsection. shall be in accordance with this
section.
(Ord. 1594 (part), 1992)
16.40.330 New installation of underground
tanks and piping-Secondary
containment required.
Section 80.301(b) 5, second sentence is amended
and a new pazagraph added to read as follows:
Underground Tanks. Secondary containment
shall be required for new installations of under-
ground tanks and piping.
All new installations which will be used to
hold a volatile substance shall be installed using
a porous backfill material. One or more backfill
wells must be installed to allow for confirmation
should a leak be suspected. The wells need not
be monitored unless the Chief has reason to be-
lieve that an unauthorized release may have oc-
curred.
(Ord. 1594 (part), 1992)
16.40.340 Storage facilities storage plan.
Section 80.301 (k), first sentence is amended to
read as follows:
Storage Plan. A storage plan shall be provid-
ed for all storage facilities at which exempt
amount specified in Sections 80.302 through
80.315 are exceeded.
(Ord. 1594 (part), 1992)
16.40.350 Spill control, drainage and
containment.
Section 80.301 (1) 1. is amended to read as fol-
lows:
Spill Control, Drainage and Containment.
1. General. Unless exempted or otherwise
provided for in Sections 80.302 through 80.315,
rooms, buildings or azeas used for the storage of
solid and liquid hazaddous materials in excess of
the exempt amounts specified in Sections 80.302
through 80.315 shall be provided with a means
to control spillage and to contain or drain off
spillage and fire protection water discharged in
the storage azea in accordance with this subsec-
tion and the Building Code.
(Ord. 1594 (part), 1992)
16.40.360 Spill protection.
Section 80.301 (1) 1., a new paragraph is added
to read as follows:
Materials present below the exempt amounts
shall be provided with an approved method of
spill protection designed to address a release from
the largest single container. Such spill protection
shall take into consideration the amount and
hazard of the materials and the nature of the
facility.
(Ord. 1594 (part), 1992)
(Cupertino 9-92) 464-2b
16.40.370
16.40.370 Ventilation.
Section 80.301 (m), first pazagraph is amended
to read as follows:
Ventilation. For quantities of hazardous
materials in excess of the exempt amounts speci-
fied in Sections 80.302 through 80.315, unless
exempted or otherwise provided for in Sections
80.302 through 80.315 indoor storage azeas and
storage buildings shall be provided with mechani-
cal exhaust ventilation.
(Ord. 1594 (part), 1992)
16.40.380 Separation of incompatible
hazardous materials.
Section 80.301 (n), the exception is deleted:
Separation of Incompatible Hazardous
Materials. Storage of incompatible hazazdous
materials shall be separated.
(Ord. 1594 (part), 1992)
16.40.390 Automatic sprinkler systems for
indoor storage and storage
buildings.
Section 80.301 (p), first sentence is amended to
read as follows:
areas and storage buildings shall be provided with
explosion control in accordance with the Building
Code.
(Ord. 1594 (part), 1992)
16.40.410 Limit controls.
Section 80.301 (t) 1. is amended to read as fol-
lows:
Limit Controls.
1. General. Limit controls shall be provided
in accordance with this subsection.
(Ord. 1594 (part), 1992)
16.40.420 Emergency alarm.
Section 80.301 (u), the first sentence is amended
to read as follows:
Emergency Alarm. An approved emergency
alarm system shall be provided in buildings,
rooms or azeas used for the storage of hazazdous
materials in excess of the exempt amounts speci-
fied by Sections 80.302 through 80.315.
(Ord. 1594 (part), 1992)
16.40.430 Clearance from combustibles.
Section 80.301 (x) is amended to read as follows:
Fire-extinguishing Systems. For quantities
of hazardous materials in excess of the exempt
amounts specified in Sections 80.302 through
80.315, unless exempted or otherwise provided
for in Sections 80.302 through 80.315, indoor
storage and storage buildings shall be protected
by an automatic sprinkler system.
(Ord. 1594 (part), 1992)
16.40.400 Explosion controls.
Section 80.301 (q) is amended to read as follows:
Explosion Control. For quantities of hazazd-
ous materials in excess of the exempt amounts
specified in Sections 80.302 through 80.315,
unless exempted or otherwise provided for in
Sections 80.302 through 80.315, indoor storage
Clearance from Combustibles. For quanti-
ties of hazazdous materials in excess of the ex-
empt amounts specified in Sections 80.302
through 80.315, the area surrounding an exterior
storage area or tank shall be kept clear of com-
bustible materials and vegetation for a minimum
distance of 30 feet.
(Ord. 1594 (part), 1992)
16.40.440 Storage area flooring.
Section 80.301 (y) is amended to read as follows:
Noncombustible floor. Floors of storage
areas shall be of noncombustible construction.
(Ord. 1594 (part), 1992)
46~t-2c (Cupertino 9-92)
16.40.450
16.40.450 Design submittals-Approval by
professional engineer.
Section 80.301 (z) is amended to read as follows:
Professional Engineer. The chief is autho-
rized to require design submittals to bear the
stamp signature of an approved, qualified, profes-
sional engineer.
(Ord. 1594 (part), 1992)
16.40.460 Weather protection.
Section 80.301 (aa) is amended to read as fol-
lows:
Weather Protection. At the Chief s discre-
tion, weather protection may be required for
exterior storage of hazazdous materials.
(Ord. 1594 (part), 1992)
16.40.470 Exempt amounts for toxic gases.
Table 80.303-A, exempt amounts for toxic gases
amended as follows:
Unprotected by sprinklers, gas
cabinets or sepazate rooms 0 cubic feet at NTP
Within gas cabinets in
unsprinklered building 1300 20 cubic feet at NTP
In sprinklered building, not in
gas cabinets or separate rooms 1300 0 cubic feet at N'I'P
In sprinklered building, within
gas cabinets 2400 40 cubic feet at NTP
(Ord. 1594 (part), 1992)
16.40.480 Exempt amounts for Class 1
oxidizers.
Table 80.306-A, exempt amounts for Class 1 Oxi-
dizers amended as follows:
Unprotected by sprinklers or
cabinet 1000 ~~
Within cabinet in unsprinklered
building 8000 2000 pounds
In sprinklered building, not
in cabinet 8000 2000 pQ~
In sprinklered building, within
cabinet 16000 4000 pamds
(Ord. 1594 (part), 1992)
16.40.490 Self-detonating pyrophoric
gases~torage generally.
Section 80.308 (a) 9 is added to read as follows:
9. Self-Detonating Pyrophoric Gases. Self-
detonating pyrophoricgases such as silane and its
mixtures shall be stored according to the provi-
sions of this section and the following:
A. Flow Control. All cylinders shall be
equipped with reduced flow orifices to limit flow
to less than 30 liters per minute. Cylinders shall
be provided with approved labels to indicate the
installation of a restrictive flow orifice.
B. Cylinder Valve. All cylinder valve bodies
shall be constructed of stainless steel.
C. Fire Protection. Automatic fire protection
shall be provided with water only.
D. Ventilation. Cylinders located inside of
gas cabinets shall be exhausted to a minimum of
300 CFM for atwo-cylinder cabinet, and 450
CFM for athree-cylinder cabinet.
(Ord. 1594 (part), 1992)
16.40.500 Self-detonating pyrophoric
gases~torage conditions for
excessive quantities.
Section 80.308 (b) 4 is amended to read as fol-
IoWS:
Storage Conditions. Quantities, arrangement
and spacing for pyrophoric liquids and solids in
tanks, portable tanks and containers shall be in
accordance with Article 79 as required for Class
I-B flammables. The storage of self-detonating
pyrophoric gases in excess of the quantity speci-
fied inTable 80.309A shall be in accordance with
80.308 (a) 9. For the purpose of this section, all
exterior storage shall be considered a single con-
trol area.
(Ord. 1594 (part), 1992)
(Cupertino 9-92) 464-2d
16.40.510
16.40.510 Unstable (reactive) materials.
Section 80.309 (b) 4 is amended to read as fol-
lows:
Storage conditions. Class 3 or 4 materials
shall be limited to piles not greater than 100
cubic feet.
Class 1 or 2 materials shall be limited to piles
not greater than 1000 cubic feet.
Aisle widths between piles shall not be less
than one-half the height of the pile or 10 feet,
whichever is greater.
(Ord. 1594 (part), 1992)
16.40.520 Health hazards.
Table 80.315-A, Footnote 2 is deleted. (Ord. 1594
(part), 1992)
16.40.530 Dispensing, use and handling of
hazardous materials.
Section 80.401 (a), first sentence is amended to
read as follows:
Applicability. Dispensing, use and handling
of hazardous materials shall be in accordance
with this division.
(Ord. 1594 (part), 1992)
Fire-extinguishing Systems. Indoor rooms
or azeas in which hazazdous materials are dis-
pensed or used in excess of the exempt amounts
specified in Tables Nos. 80.402-A and 80.402-B
shall be protected by an automatic fire-extin-
guishing system.
(Ord. 1594 (part), 1992)
16.40.560 Dispensing rooms or
areas-Location.
Section 80.402 (a) is amended to read as follows:
General. Dispensing or use shall either be
located in a room or azea complying with this
section and constructed in accordance with the
Building Code, or shall be located in an exterior
dispensing, use or handling area located as re-
quired for exterior storage in Section 80.301
through 80.315.
(Ord. 1594 (part), 1992)
16.40.570 Laboratory fume hoods and spray
booths-Flammable materials
dispensed or used-Fire-
extinguishing systems.
Section 80.402(b) 2 D is amended to read as fol-
lows:
16.40.540 Liquid or solid hazardous
materials dispensation
areas-Flooring.
Section 80.401 (f) is amended to read as follows:
Noncombustible floors. Floors of areas
where liquid or solid hazardous materials are
dispensed or used in systems shall be of
noncombustible, liquid tight construction.
(Ord. 1594 (part), 1992)
16.40.550 Hazardous materials dispensation
indoor rooms or areas-Fire-
extinguishing systems.
Section 80.401 (r), first sentence is amended to
read as follows:
Fire-extinguishing systems. In addition to
Section 80.401 (r), laboratory fume hoods and
spray booths where flammable materials aze dis-
pensed or used in excess of the exempt amounts
specified in Tables Nos. 80.402-A and 80.402-B
shall be protected by an automatic fire-extin-
guishing system.
(Ord. 1594 (part), 1992)
16.40.580 Laboratory fume hoods and spray
booths-Flammable materials
used in excess of exempt
amounts-Fire-extinguishing
systems.
Section 80.402 (b) 3 D is amended to read as fol-
lows:
46~G-2e (Cup«tiao 9-92)
16.40.580
Fire-Extinguishing system. In addition to
Section 80.401 (r) laboratory fume hoods and
spray booths where flammable materials aze used
shall be protected by an automatic fire-extin-
guishing system when the exempt amounts speci-
fied in Tables 80.402-A and 80.402-B aze ex-
ceeded
(Ord. 1594 (part), 1992)
16.40.590 Special requirements for highly
toxic and toxic compressed gases.
Section 80.402 (b) 3 G, a new first sentence is
added to read as follows:
Special requirements for highly toxic and
toxic compressed gases. When the exempt
amounts specified in Tables 80.402-A and
80.402-B are exceeded the following require-
ments must be met.
(Ord. 1594 (part), 1992)
16.40.600 Pyrophoric materials-Special
provisions.
Section 80.402 (b) 3 H is added to read as fol-
lows:
Special provisions for self-detonating
pyrophoric gases.
(i) Dispensing Fittings. All cylinders shall be
equipped with dispensing fittings which are right-
hand threaded.
(ii) Purge Gases. Bulk gas supply (house
gases) shall not be used for purging. Only dedi-
catedinert gas purge cylinders located within the
cabinet shall be used.
(iii) Aluminum Cylinders. When aluminum
cylinders aze in use, they shall not be located
adjacent to each other. When in cabinets, they
shall be limited to two cylinder configuration
cabinets. Additional fire risk and protecfion shall
be considered for aluminum cylinder use.
(iv) Automatic Purging. Purging operations
shall be performed by automatic purge equipment
to assure complete purging.
EXCEPTION: An approved manual purging system may
be approved if it demonstrates that it provides equivalent
effectiveness to automatic purging.
(v) Cylinder Controls. Cylinders being dis-
pensed and used from shall meet the storage
provisions of Section 80.308 (a) 9.
(vi) Dispensing Outside of Cabinets. When
dispensing outside of cabinets, the cylinder loca-
tion and dispensing methodology shall be certi-
fied by a qualified person and acceptable to the
Chief.
(Ord. 1594 (part), 1992)
16.40.610 Flammable hazardous materials
dispensing or use areas located
within fifty feet of either a storage
area or building-Vehicle loading
racks-Fire-extinguishing
systems.
Section 80.402 (c) 3 is amended to read as fol-
lows:
Fire-Extinguishing system. Flammable haz-
azdous materials dispensing or use areas located
within 50 feet of either a storage azea or building,
and vehicle loading racks where flammable haz-
azdous materials are dispensed, shall be protected
by an approved fire-extinguishing system when
the exempt amounts specified in Tables 80.402-A
and 80.402-B are exceeded.
(Ord. 1594 (part), 1992)
16.40.620 Exterior dispensing or use area to
be kept clear of combustible
materials.
Section 80.402 (c) 5 is amended to read as fol-
lows:
Clearance from combustibles. The area sur-
rounding anexterior dispensing or use area shall
be kept clear of combustible materials and vege-
tation for a minimum distance of 30 feet when
the amounts of hazazdous materials present aze in
excess of the exempt amounts as specified in
Tables 80.402-A and 80.402-B.
(Ord. 1594 (part), 1992)
(Cupatiao 9-92) 464-2f
16.40.630
16.40.630 Highly toxic and toxic compressed
gases-Exempt amounts exceeded.
Section 80.402 (c) 8, a new first sentence is
added to read as follows:
16.40.670 Suppression and control of
hazardous fire areas.
Section 16(c) is added to Appendix II-A to read
as follows:
Special requirements for highly toxic and
toxic compressed gases. When the exempt
amounts specified in Tables 80.402-A and
80.402-B are exceeded the following require-
ments must be met.
(Ord. 1594 (part), 1992)
16.40.640 Exterior dispensing for self-
detonating pyrophoric gases.
Section 80.402 (c) 9 is added to read as follows:
Special provisions for self-detonating
pyrophoric gases. Exterior dispensing shall be in
accordance with 80.402 (b) 3. G.
(Ord. 1594 (part); 1992)
16.40.650 Handling of hazardous
materials-When exempt amounts
exceeded.
Section 80.403 (a) is amended to read as follows:
General. When the exempt amounts specified
in Tables 80.402-A and 80.402-B are exceeded
the handling of hazardous materials shall be in
accordance with this section and Section 80.401.
(Ord. 1594 (part), 1992)
16.40.660 Liquified petroleum gases.
Section 82.104(e) is added to read as follows:
Storage. The storage of liquid petroleum
gases referred to in Section 82.104(b) of the
Uniform Fire Code shall be prohibited in heavily
populated areas.
(Ord. 1594 (part), 1992)
Firebreak Vegetation. When brush or vege-
tation 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. 1594 (part), 1992)
16.40.680 Roof coverings.
Section 25 is added to Appendix II-A to read as
follows:
Roof Coverings. Roof coverings on all build-
ings shall be fire-retardant, and shall comply with
the standards established for Uniform Building
Code Class A roofing. Re-roofing of existing
buildings shall comply with the above except that
any reroofing of less than ten percent (10%) of
the total roof area on any building shall be ex-
empt from this requirement. Additions to exist-
ing buildings exceeding ten percent (10%) of the
total roof area shall comply with this section.
(Ord. 1594 (part), 1992)
16.40.690 Hazardous fire area designations.
Section 26 is added to Appendix II-A to read as
follows:
Hazardous fire area designations. Hazard-
ous fire areas are those lands as defined in Sec-
tion 9.110 of this Code.
(Ord. 1594 (part), 1992)
16.40.700 Aboveground storage tanks for
motor vehicle fuel dispensing
stations.
Appendix II-F is replaced in its entirety as fol-
lows:
464-2g (Cupertino 9-92)
16.40.700
APPENDIX II-F
ABOVEGROUND STORAGE TANKS
FOR MOTOR VEHICLE FUEL
DISPENSING STATIONS
1. SCOPE
Storage and dispensing of liquid motor fuels
into the fuel tanks of motor vehicles from above-
ground tanks which are located outside of build-
ings, or as approved by the chief, shall be in
accordance with this appendix.
2. GENERAL
Aboveground tanks and related components
for fuel dispensing of motor vehicle fuel shall all
be listed with a nationally recognized testing
agency.
EXCEPTION:When required by the chief, aboveground
tanks for fuel dispensing and related components shall be
listed as one system with a nationally recognized testing
agency.
3. INSTALLATION OF TANKS
Tanks or tank systems shall be installed in
accordance with Article 79, Division V, and shall
be installed in special enclosures constructed in
accordance with Section 79.902(c) or in listed
and approved tank enclosures or materials provid-
ing fire protection of not less than two (2) hours.
The following additional criteria shall apply:
(a) Allowable locations for the storage of
Class I, II and III-A (flammable and combustible)
liquid in aboveground tanks outside of buildings
shall be in accordance with Section 79.501.
(b) Guard posts or other means shall be pro-
vided to protect the area where tanks are in-
stalled. The design shall be in accordance with
Section 80.301(w).
(c) Each tank and each special enclosure shall
be surrounded by a clear space of not less than
three (3) feet to allow for maintenance and in-
spection.
. (d) Warning signs and identification signs
shall be installed to clearly identify hazards. The
design shall be in accordance with Sections
79.109, 79.110, 79.903(d), and 79.807(e). A con-
spicuous sign prohibiting simultaneous tank fill-
ing and fuel dispensing shall be posted.
(e) At each tank installation, tanks containing
Class I and II (flammable and combustible) liquid
motor fuel shall not exceed 2,000 gallon individ-
ual or 6,000 gallon aggregate capacity. Each
installation shall be separated from other installa-
tions by not less than 100 feet.
(f) Tanks shall be provided with automatic
fuel shut off devices capable of stopping delivery
of fuel when the level in the tank reaches 90
percent of tank capacity.
(g) The tank system or enclosure shall be de-
signed to meet bullet resistance as defined by
Section 9.104 of this Code.
(h) Tanks installed in enclosures shall be at
least (1) foot below the top of enclosure walls
and have installed an approved fixed fire protec-
tionsystem. Enclosure walls shall be no less than
six (6) feet high.
4. INSTALLATION OF DISPENSING
SYSTEMS
Dispensing systems shall be installed in ac-
cordance with Article 79, Divisions VII and IX
except as follows:
(a) Motor fuels shall be transferred from
tanks by means of fixed pumps which are de-
signed and equipped to allow control of the flow
and to prevent leakage or accidental discharge.
(b) Tank openings shall be through the top
only. Approved anti-siphon devices shall be in-
stalled at each connection of piping to a tank
when such piping extends below the level of the
top of such tank.
(c) Approved dispensing devices are allowed
to be installed on top of special enclosures or
tank systems.
(d) Dispensing systems shall be located in
accordance with Section 79.807(c).
(e) Spill Control and Drainage Control shall
be provided for dispensing areas in accordance
with Section 79.115.
(Cupertino 9-92) 464-2h
16.40.700
5. PLANS
Plans shall be submitted with each permit
application:
(a) One (1) set of plans shall be submitted to
the appropriate Planning Department for approval
before submitting plans for a Fire Department
permit.
(b) Plans shall include the method of storage
and dispensing, quantities and types of liquids to
be stored, distances from tanks and dispensers to
property lines and buildings, vehicle access, fire
protection appliances and fire protection systems,
collision barriers, design and construction of
tanks and tank supports, seismic design of tank
supports, secondary containment venting system,
primary tank venting system, vapor recovery
provisions, emergency controls, leak detection
monitoring, electrical connection system, and
other information required by the chief.
6. MAINTENANCE
Tanks, enclosures, and dispensing system
components shall be maintained in approved
condition. Damage to tanks, enclosures, or dis-
pensing system components shall be repaired
immediately using approved components, and
materials having equal or greater strength and fire
resistance.
(Ord. 1594 (part), 1992)
16.40.710 Fire flow requirements for
buildings.
Section 4(b) of Appendix III-A is amended to
read as follows:
Area Separation. Area or occupancy sepaza-
tion walls constructed in accordance with the
building code shall not be considered to create
separate fire areas.
(Ord. 1594 (part), 1992)
16.40.720 Fire hydrant locations and
distribution.
Section 6 is added to Appendix III-B to read as
follows:
Spacing. Commercial hydrant spacing shall
be a maximum of 250 feet.
(Ord. 1594 (part), 1992)
16.40.730 Violations-Penalties.
Chapter 1.12 of the Cupertino Municipal Code
titled General Penalty is added to this chapter by
reference. (Ord. 1594 (part), 1992)
16.40.740 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. 1594 (part), 1992)
16.40.750 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 declazed 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 fire hazazd of such a nature that
immediate action is required to protect the public
health, safety and welfare, 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.
464-2i (Cupertino 9-n)
16.40.750
D. Intent. It is the intent of this section to pro-
vide amethod of hazard abatement on private prop-
erty where no owner or responsible person can be
found and the hazard is of a nature requiring imme-
diate action in order to protect the public. (Ord.
1594 (part), 1992)
(Cupertino 9-92) 4~4-2,,
16.56.010
Chapter 16.56
UNIFOR
Sections:
16.56.010
16.56.020
16.56.030
M HOUSING CODE ADOPTED
Adoption of Uniform Housing
Code, 1991.
Organization and enforcement.
Violations-Penalty.
16.56.010 Adoption of Uniform Housing
Code, 1991.
The Housing Code for the City shall be the 1991
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 hereinaf-
ter noted, is adopted and made a part hereof, the
same as if fully set forth in this chapter. (Ord. 1593,
1992: Ord. 1493 (part), 1989: Ord 1389 (part),
1986)
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
hear appeals provided for hereunder, there is
hereby established a Housing Advisory and Ap-
peals Board consisting of five members who are
qualified by experience and training to pass upon
matters pertaining to construction and who are
not employees of the jurisdiction. The building
official shall be an ex officio member of and
shall act as secretary to said board 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 board 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 board shall be
delivered to the building official, who shall make
them accessible to the public. The same personnel
of the Board appointed under this Code may act
as the Board of Appeals under the other building
construction uniform codes. In the event, a Hous-
ing Advisory and Appeals Board is not appointed
by the legislative body, the Council shall serve as
said appeals board.
(Ord. 1389 (part), 1986)
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 bar 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. 1519 § 1, 1990: Ord. 1389 (part),
1986)
480-1 (Cupertino 9-92)
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 aze minimum
standazds 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 flame construction with surface finish of
wood lath and plaster, minimum lh-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 apazt 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 lineaz 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 a height- or
length-to-thickness ratio of 5:1. Such walls shall be
provided with a reinforced bond beam at the top
which interconnects 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 inch-
es, .provided the resulting width is not less than
eight inches. Minimum wall thickness
(Cup«tino 9-n) 480-2
ORDINANCE LIST
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 parking
(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 Commission
(Repealed by 1581)
1474 Rezone (Special)
1475 Amends § 2.40.030, Disaster Council
(2.40)
1476 Amends § § 11.24.160 and 11.24.170,
parking 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, park maintenance fees,
and amends § 14.04.040, street improve-
ments (14.04, 14.05)
1480 Amends § 2.48.020, city depaRments
(2.48)
1481 Amends § 6.28.030, CATV franchises
(6.28)
1482 Amends § 11.20.030, stop intersections
(11.20)
1483 Amends § 11.24.180, diagonal parking
(11.24)
1484 Amends Ord. 2(d), zoning (Not codi-
fied)
1485 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
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 system
- 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 (16.04, 16.16, 16.20, 16.24,
16.40, 16.56)
1494 Rezone (Special)
1495 Amends Ord. 321, zoning (Not codi-
fied)
1496 Amends § 6.4 of Ord. 652, zoning (Not
codified)
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 (8.08)
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)
1508 Amends § 2.01 of Ord. 1489, urgency
water conservation restrictions and regu-
lations (Not codified)
1509 Rezone (Special)
1510 Amends Res. 468, Planning Commission
(Not codified)
1511 Rezone (Special)
611-3 (Cupertino 9-92)
TABLES
1512 Repeals § 7 of Ord. 1489, urgency water
conservation restrictions and regulations
(Not codified)
1513 Water conservation (15.32)
1514 (Pending)
1515 Rezone (Special)
1516 Amends § 14.04.200 (A), street improve-
ments (14.04)
1517 Amends § 11.08.250, bicycle lane desig-
nation (11.08)
1518 Amends § 11.24.160, stopping, standing
and parking on public streets (11.24)
1519 Amends § 16.56.030, Uniform Housing
Code (16.56)
1520 Amends (A) of § 3.12.030, alternate
sales and use tax (3.12)
1521 Amends § 11.24.150, pazking (11.24)
1522 Rezone (Special)
1523 Rezone (Special)
1524 Water conservation (15.32)
1525 Adds Ch. 16.42, toxic gases (16.42)
1526 Amends § § 10.26.090 - 10.26.130,
alarm systems (10.26)
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord.
575, § 4.3 to Ord. 779, § 13.2 to Ord.
1452, § 13.2 to Ord. 1451 and § 15.2 to
Ord. 1450, zoning (Not codified)
1528 Rezone (Special)
1529 Amends § 3.32.050, construction tax
(3.32)
1530 Rezone (Special)
1531 Adds Ch. 16.60, unreinforced masonry
buildings (16.60)
1532 Adds Ch. 10.30, elimination of bodily
waste in public (10.30)
1533 Amends Ord. 1532 and § 10.30.030,
elimination of bodily waste in public
(10.30)
1534 Adds Ch. 3.34, utility users exise tax
(3.34)
1535 Adds Ch 2.84, Environmental Review
Committee (2.84)
1536 Rezone (Special)
1537 Rezone (Special)
1538 Adds Ch. 11.37, overweight vehicle
permit (11.37)
1539 Rezone (Special)
1540 Approves certain development agreement
(Special)
1541 Temporary conditional use permits (Not
codified)
1542 Amends § 11.12.030, speed limits
(11.12)
1543 Amends Ord. 778, heritage and specimen
trees (14.18)
1544 Amends § 11.08.250, bicycles (11.08)
1545 Amends § 11.24.160, pazking (11.24)
1546 Amends §§ 1.09.060, 1.09.140; repeals
and replaces 1.09.070, nuisance abate-
ment (1.09)
1547 Amends § § 11.24.150 and 11.24.160,
parking regulations (11.24)
1548 Amends § 11.12.030, speed limits
(11.12)
1549 Amends § 2.32.050, Planning Commis-
sion meetings (15.49)
1550 Prezone (Special)
1551 Amends §§ 2.20.030, 2.20.040, 2.20.050,
2.20.070, 2.20.080, 2.20.100 and
2.20.110, city clerk (2.20)
1552 Amends § 11.20.020, traffic regulations
(11.20)
1553 Amends § 11.24.150, parking regulations
(11.24)
1554 Rezone (Special)
1555 Adds Ch. 9.20, off-site hazazdous waste
facilities (9.20)
1556 Amends § 11.12.030, speed limits
(11.12)
1557 Amends §§ 11.20.020, traffic regulations
(11.20)
1558 Water conservation (15.32)
1559 Frezone (Special)
1560 Amends § 11.08.160, bicycles (11.08)
1561 Amends § 2.08.090(A), City Council
meetings (2.08)
1562 Amends § 11.24.150, parking regulations
(11.24)
(Cupertino 9-92) 614-4
ORDINANCE LIST
1563 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1564 Amends § 11.24.150, parking regulations
(11.24)
1565 PERS contract amendment (Special)
1566 Amends § 11.12.030, speed limits
(11.12)
1567 Amends Ch. 16.16, electrical code
(16.16)
1568 Amends § 128.1 of Ord. 220()), zoning
(Not codified)
1569 Adds §§ 19.21.080-19.21.140, zoning
(Not codified)
1570 Amends § 2.84.010, Environmental Re-
view Committee (2.84)
1571 Adds Ch. 9.18, nonpoint source pollution
(9.18)
1572 Repeals and replaces Ch 6.24, gazbage
collection (6.24)
1573 Amends Ord. 1543, heritage and speci-
men trees (14.18)
1574 Rezone (Special)
1575 Adds Art. 13 to T. 18, hillside subdivi-
sion requirements (18.13)
1576 Adds Ch. 2.86, Affordable Housing
Committee (2.86)
1577 Amends Ch. 11.24 [§ 11.24.150], pazk-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek 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 tobacco
vending machines (10.27)
1589 Amends § 11.24.150, pazking 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 (16.04)
1591 Amends §§ 16.20.010, 16.20.020,
16.20.030 and 16.20.050, plumbing code
(16.20)
1592 Amends §§ 16.24.010, 16.24.030 and
16.24.070, mechanical code (16.24)
1593 Amends §§ 16.56.010, housing code
(16.56)
1594 Amends Ch. 16.40, fue code (16.40)
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 (2.44)
1597 Number not used
1598 Pending
1599 Adds Ch. 3.36, storm drainage service
chazge (3.36)
6 1~1--5 (Cupertino 9-92)
BICYCLE
Routes designated 11.08.260
Traffic laws applicability 11.08.140
Violation, penalty 11.08.270
Walking, pedestrian laws applicable 11.08.200
BILLIARD HALL
Business license fee 5.04.490
BINGO
Administrative authority designated 5.32.170
Authority 5.32.010
Defined 5.32.020
Equipment 5.32.090
Financial interest limited 5.32.100
Hours 5.32.150
Inspection authority 5.32.180
License
See also Permit, license
fee 5.32.280
renewal 5.32.290
required 5.32.270
Location 5.32.080
Minor, participation prohibited 5.32.040
Organizations permitted to conduct 5.32.030
Participant to be present 5.32.140
Permit
See also Permit, license
applicant investigation 5.32.210, 5.32.220
application, contents 5.32.200
approval, conditions 5.32.240
denial when 5.32.250
hearing, notice records review 5.32.230
required 5.32.190
Permit, license
See also License
Permit
nontransferable 5.32.310
suspension, revocation
authority 5.32.320
notice, hearing 5.32.330
Prizes, value 5.32.130
Proceeds, separate fund required 5.32.110
Profit, wage, salary prohibited, exception 5.32.070
Provisions to supplement state law 5.32.350
Public access required 5.32.050
Recordkeeping 5.32.120
Reporting requirements 5.32.300
Severability 5.32.340
Staffing, operation
change, reporting, investigation 5.32.260
generally 5.32.060
Violation, penalty 5.32.160
BOND
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
BOWLING ALLEY
Business license
See also BUSINESS LICENSE
fee 5.04.470
BUILDING
See also UNREINFORCED MASONRY
BUILDINGS
Address number visibility requirements 16.04.050
Board of appeals created 16.04.020
Code
additions, Section 2907(a) 16.04.045
adoption 16.04.010
amendments
Section 204 16.04.020
Section 305(f) 16.04.030
Section 2516(k) 16.04.040
Table 3-A 16.04.060
619 (CupeRino 9-92)
BUILDING
hearing 16.04.065 city defined 16.36.010
violation, penalty 16.04.070 contiguous land 16.36.080
Dangerous definitions 16.36.010
abatement cost metal tees prohibited 16.36.090
assessment 16.44.130 notice required 16.36.040
determination 16.44.110 permit
determination 16.44.010 application 16.36.030
hearing bond 16.36.060
designated 16.44.080 conditions 16.36.070
procedure 16.44.090 issuance, hearing 16.36.040
report 16.44.120 required 16.36.020
incidental expenses defined 16.44.110 roller restrictions 16.36.100
limitation of provisions 16.44.140 truck requirements 16.36.110
notice, abatement supervisor, duties 16.36.120
form required 16.44.070 violation, penalty 16.36.130
posting, contents 16.44.050 Official
service 16.44.060 right of entry 16.16.040
nuisance seismic safety
declaration 16.44.020 alternate methods, materials approval
determination 16.44.040 16.60.010
owner defined 16.44.070 compliance order issuance, enforcement
resolution service 16.44.100 16.60.080
violation, penalty 16.44.150 swimming pool code
Electrical Code administration 16.32.030
See ELECTRICAL enforcement 16.32.060
Energy permit fees 16.04.062 Permit, inspection 16.04.030
Excavation, foundations, retaining walls Plumbing code
See EXCAVATION, GRADING, RETAINING See PLUMBING CODE
WALLS Preliminary soils report
Fence appeals 16.12.070
See FENCE approval 16.12.050
Heating, cooling building permit conditions 16.12.060
See MECHAMCAL CODE contents 16.12.030
Inspection fee 16.04.060 preparation 16.12.040
Inspector purpose 16.12.010
bingo permit applicant investigation 5.32.220 required 16.12.020
building moving permit issuance 16.36.050 Retaining wall
sign inspection 17.12.130 See EXCAVATION, GRADING, RETAINING
Moving WALLS
building San Jose-Cupertino reorganized territory
defined 16.36.010 agreement, joint agreement, joint exercise of
inspector defined 16.36.010 powers agreement defined 16.48.010
(Cupertino 9-92) 620
BUILDING
building official defined 16.48.010
compensation prohibited 16.48.020
Cupertino official
authority 16.48.070
effect of provisions 16.48.080
reciprocity 16.48.090
definitions 16.48.010
director defined 16.48.010
permit defined 16.48.010
San Jose official
authority 16.48.040
effect of provisions 16.48.050
reciprocity 16.48.060
territory, territory of organization defined
16.48.010
Seismic safety
See also UNREINFORCED MASONRY
BUILDINGS
building permit prerequisites 16.04.048
Spark arrestors 16.04.056
Soils report
See Preliminary soils report
Swimming pool
See SWIl~A4ING POOL
BUSINESS LICENSE
Application for first license, contents 5.40.320
Auctioneer 5.08.010
Branch establishment, separate license required
5.04.290
Business defined 5.04.050
City council
defined 5.04.100
powers, duties 5.04.180
City defined 5.04.090
Collector
defined 5.04.110
interstate commerce investigation, determination
5.04.260
powers, duties 5.04.190
reclassification authority 5.04.500
Defined 5.04.060
Duplicate, fee 5.04.340
Effect
generally 5.04.540
past actions, retroactivity 5.04.580
Evidence of doing business 5.04.280
Exemption
applicability 5.04.200
charitable organization 5.04.520
license
issuance 5.04.220
revocation 5.04.230
physical disability 5.04.530
sworn statement required 5.04.210
Fee
defined 5.04.070
rate, classification "C" 5.04.490
Interstate commerce
application 5.04.240
investigation, determination 5.04.260
tax, fee adjustments 5.04.250
Issuance period 5.04.390
Licensee defined 5.04.120
Licensing for regulation
purpose 5.04.030
scope 5.04.040
Licensing for revenue
purpose 5.04.010
scope 5.04.020
Nontransferable 5.04.310
Not authorization for illegal activity 5.04.550
Permit
defined 5.04.130
issuance 5.04.480
requirements 5.04.470
Person defined 5.04.140
Posting, display required 5.04.300
Reclassification
collector authority 5.04.500
right of appeal 5.04.510
Remedies cumulative 5.04.570
Renewal 5.04.330
6~~ 1 (Cupertino 9-92)
BUSINESS LICENSE
Required, generally 5.04.270
Statements
failure to file, corrected, effect 5.04.360
records, filing 5.04.350
Sworn statement defined 5.04.150
Tax, defined 5.04.080
Tax rate
classification "A" 5.04.440
classification "B" 5.04.450
outside businesses 5.04.460
Taxes, fees
debt to city 5.04.430
delinquent, penalty 5.04.410
mistake in amount 5.04.420
new business, prorated 5.04.380
overpayment refund 5.04.400
payment procedure 5.04.370
Terminology 5.04.160
Tree trimming 14.12.080
Unexpired, fee, tax nonpayment 5.04.590
Violation, penalty 5.04.560
-C-
CABLE TELEVISION ADVISORY COMMITTEE
Budget 2.74.070
Effect of provisions 2.74.080
Established 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
term 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Recordkeeping 2.74.050
CALIFORNIA WATER SERVICE
See FRANCHISE
CAFETERIA
See RESTAURANT
CARTOMANCY
Business license fee 5.04.490
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Additional service net receipts defined 6.28.010
Advisory committee
See CABLE TELEVISION ADVISORY
COMMITTEE
Arbitration 6.28.260
Basic service gross receipts defined 6.28.010
Bond 6.28.150
Change 6.28.130
City
authority 6.28.090
defined 6.28.010
Community antenna television system defined
6.28.010
Council defined 6.28.010
Defmitions, defined 6.28.010
Franchise
application 6.28.210
defined 6.28.010
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Grantee defined 6.28.010
Inadequate remedy 6.28.246
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Property of grantee defined 6.28.010
Regulation 6.28.045
(Cupertino 9-92) 622
CATV
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street
defined 6.28.010
work failure 6.28.140
Subscriber defined 6.28.010
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CHECKOUT SYSTEM
See GROCERY STORE
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CIRCULAR
See ADVERTISEMENT
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See departmental organization
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Subdivision improvement acceptance notice filing
18-1.812.2
Transient occupancy tax appeal hearing notice
3.12.100
Weed abatement, assessment, notice posting
9.08.080
CITY
Defined 1.04.010
Officials
See Specific Officer
CIVIL DEFENSE
See DISASTER COUNCIL
CLAIRVOYANCE
BUSINESS LICENSE FEE 5.04.490
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
CODE
Adopted 1.01.010
Authority 1.01.030
City defined 1.04.010
Computation of time defined 1.04.010
Constitutionality 1.01.090
Construction 1.04.040
Council defined 1.04.010
County defined 1.04.010
Definitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMENT OFFICER
623 (CupeRino 9-92)
CODE
Fire
See FIRE
Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
Law defined 1.04.010
May defined 1.04.010
Month defined 1.04.010
Must, shall defined 1.04.010
Oath defined 1.04.010
Or, and defined 1.04.010
Ordinance defined 1.04.010
Owner defined 1.04.010
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Person defined 1.04.010
Preceding, following defined 1.04.010
Prohibited acts including causing, permitting
1.04.030
Property
defined 1.04.010
personal, defined 1.04.010
real, defined 1.04.010
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
Sidewalk defined 1.04.010
State defined 1.04.010
Street defined 1.04.010
Tenant, occupant defined 1.04.010
Title of office defined 1.04.010
Written defined 1.04.010
Year defined 1.04.010
CODE ENFORCEMENT OFFICER
Nuisance abatement
accounting duties 1.09.110
authority 1.09.100
notice
posting 1.09.050
service 1.09.060
right of entry 1.09.080
Office created 2.30.010
Warrantless arrest authority 2.30.020
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts designated
10.10.020
Right designated 10.10.010
Severability 10.10.040
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTMENTAL ORGANIZATION
CONSTRUCTION TAX
Adjustment 3.32.045
Apartment dwelling defined 3.32.020
Building defined 3.32.020
Chapter
effective date 3.32.100
severability 3.32.090
Construct defined 3.32.020
Definitions 3.32.020
Duplex unit defined 3.32.020
Dwelling unit defined 3.32.020
Exceptions 3.32.070
Family defined 3.32.020
Floor area defined 3.32.020
Imposition 3.32.030
Mobilehome
defined 3.32.020
lot defined 3.32.020
park defined 3.32.020
(Cupertino 9-92) 624
CONSTRUCTION TAX
Payment
place 3.32.060
time 3.32.050
Person defined 3.32.020
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
Structure defined 3.32.020
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Architectural, site approval committee appointment
2.44.040
Bicycle, fee allocation 11.08.130
Bingo permit
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
Business license powers, duties 5.04.180
Cable television advisory committee member
appointment 2.74.010
vacancy filling 2.74.030
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Construction prohibition appeal hearing 10.46.060
Contract bid award 3.24.080
Defined 1.04.010
Development agreement
cancellation hearing duties 20.40.020
execution 20.48.050
fee schedule promulgation 20.20.020
hearing
considerations 20.28.020
general plan, compliance determination
20.28.030
Document signature authority 2.08.135
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
62'~-I (Cupertino 9-92)
EQUIPMENT, SURPLUS, SALE
Severability of provisions 3.25.100
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bedrock defined 16.08.020
Bond requirements 16.08.150
City defined 16.08.020
Civil engineer
defined 16.08.020
grading supervision
See Grading
Defmitions 16.08.020
Director defined 16.08.020
Engineering geological reports 16.08.120
Engineering geology defined 16.08.020
Erosion defined 16.08.020
Existing grade defined 16.08.020
Fees 16.08.160
Fill defined 16.08.020
Finish grade defined 16.08.020
Grading
See also Specific Type or Phase
defined 16.08.020
supervision 16.08.230
Inspections 16.08.250
Interim erosion, sediment control plan
See also Interim plan
defined 16.08.020
Interim plan 16.08.110
Land disturbance land disturbing activities defined
16.08.020
Land fill defined 16.08.020
Limitations of provisions 16.08.040
Master storm drain plan defined 16.08.020
Modifications 16.08.240
Permit
applicant
See also Permittee
defined 16.08.020
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
perm~ttee
See Permittee
revocation 16.08.280
suspension 16.08.270
Permittee
defined 16.08.020
responsibility 16.08.220
Purpose of provisions 16.08.010
Rough grade defined 16.08.020
Scope 16.08.050
Sediment defined 16.08.020
Severability 16.08.030
Site defined 16.08.020
Site map, grading plan required 16.08.1Oo
Soil defined 16.08.020
Soils engineer defined 16.08.020
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
Wet season defined 16.08.020
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
FENCE
FENCE
Chapter purpose 16.28.010
Construction design review guidelines
general 16.28.040
site review required 16.28.030
Defined 16.28.020
Definitions 16.28.020
Exceptions 16.28.060
Height
See also Construction design review guidelines
defined 16.28.020
Location
See Construction design review guidelines
Materials
See Construction design review guidelines
Ordinance publication 16.28.090
Plants
See also Proximity to public streets
defined 16.28.020
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 DEPARTMENT
See DEPARTMENTAL ORGANIZATION
FINANCE DIItECTOR
Financial recordkeeping 2.20.020
Finance department head 2.48.020
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 BUILDING
FIRE CODE
SMOKING
FIRE CODE
Access roadways, gate, obstruction restrictions
16.40.070
Administrative authority designated 16.40.020
Additions
Appendix II-A
Section 16(c) 16.40.670
Section 25 16.40.680
Section 26 16.40.690
Appendix III-B, Section 4(b) 16.40.720
Chapter 1.12, Cupertino Municipal Code
16.40.730
Section 4.101 16.40.030
Section 4.109 16.40.040
Section 4.110 16.40.050
Section 4.111 16.40.060
Section 10.207 16.40.070
(Cupertino 9-92) 630
FIRE CODE
Section 10.404 16.40.080 Section 80.301(q) 16.40.400
Section 10.405 16.40.090 Section 80.301(t)1 16.40.410
Section 10.501(d) 16.40.100 Section 80.301(u) 16.40.420
Section 10.501(e) 16.40.110 Section 80.301(x) 16.40.430
Section 10.501(f) 16.40.120 Section 80.301(y) 16.40.440
Section 10.501(g) 16.40.130 Section 80.301(z) 16.40.450
Section 10.501(h) 16.40.140 Section 80.308(bkl 16.40.500
Section 10.507(1) 16.40.150 Section 80.309(b~ 16.40.510
Section 10.507(j) 16.40.160 Section 80.401(a) 16.40.530
Section 10.510(f) 16.40.170 Section 80.401(f) 16.40.540
Section 10.510(g) 16.40.180 Section 80.401(r) 16.40.550
Section 11.305 16.40.220 Section 80.402(a) 16.40.560
Section 14.104(1) 16.40.190 Section 80.402(b)2 D 16.40.570
Section 14.111 16.40.200 Section 80.402(b)3 D 16.40.580
Section 14.112 16.40.210 Section 80.402(b)3 G 16.40.590
Section 77.107(b) 16.40.230 Section 80.402(c)3 16.40.610
Section 79.116(c)1.B.(v) 16.40.240 Section 80.402(c)5 16.40.620
Section 80.114 16.40.310 Section 80.402(c)8 16.40.630
Section 80.301(1)1 16.40.360 Section 80.403(a) 16.40.650
Section 80.308(a)9 16.40.490 Table 80.303-A 16.40.470
Section 80.402(b)3 H 16.40.600 Table 80.306-A 16.40.480
Section 80.402(c)9 16.40.640 Buildings
Section 82.104(e) 16.40.660 See also Specific Subject
Adopted 16.40.010 azea, occupancy separation walls 16.40.710
Amendments new, training operations use 16.40.130
Appendix II-F 16.40.700 Defmitions 16.40.020
Appendix III-A 16.40.710 Deletions
Section 2.101 16.40.020 Section 79.605(c) 16.40.270
Section 79.501 16.40.250 Section 80.301(n), exception 16.40.380
Section 79.605(c) 16.40.260 Table 80.315-A 16.40.520
Section 79.708 16.40.280 Fire alarm system
Section 79.902(c)5 16.40.290 hearing impaired devices 16.40.210
Section 79.903(e)2 16.40.300 required when, requirements 16.40.190
Section 80.301(a)3 16.40.320 water flow monitoring 16.40.200
Section 80.301(aa) 16.40.460 Firebreak, requirements 16.40.670
Section 80.301(b)5 16.40.330 Fire hydrants, spacing 16.40.720
Section 80.301(k) 16.40.340 Fire protection system
Section 80.301(1)1 16.40.350 buildings
Section 80.301(m) 16.40.370 See also Specific Subject
Section 80.301(n) 16.40.380 60-74 feet high, regulations 16.40.110
Section 80.301(p) 16.40.390 high-rise, regulations 16.40.120
630-1 (Cupertino 9-92)
FIRE CODE
firefighting equipment room
See also Smokeproof enclosures, required
where
required when 16.40.100
valves, below grade, requirements 16.40.090
water supply requirements 16.40.080
Flammable, combustible liquids tanks
piping, testing 16.40.280
pneumatic testing 16.40.260
removal when 16.40.240
storage limits 16.40.250
Hazardous fire areas designated 16.40.690
Hazardous materials
See also HAZARDOUS MATERIALS
STORAGE
HAZARDOUS WASTE FACILITY
TOXIC GASES
design submittals, requirements 16.40.450
dispensing, use, handling
See also pyrophoric gases, self-detonating
combustibles, clearance 16.40.620
compliance 16.40.530, 16.40.650
fire-extinguishing system, requirements
16.40.550
floors, noncombustible 16.40.540
location 16.40.560
emergency alarm system, requirements
16.40.420
exempt amounts
class 1 oxidizers 16.40.480
toxic gases 16.40.470
explosion. control 16.40.400
fire extinguishing system, requirements
See also Specific Subject
flammable materials dispensing, use
16.40.610
generally 16.40.390
laboratory fume hoods, spray booths
16.40.570, 16.40.580
highly toxic, toxic compressed gases
See also toxic gases
compliance requirements 16.40.590,
16.40.630
incompatible, sepazation 16.40.380
pyrophoric gases, self-detonating
dispensing, regulations 16.40.640
regulations generally 16.40.600
storage 16.40.490, 16.40.500
spill
control, drainage, containment 16.40.350
protection, requirements 16.40.360
storage
See also exempt amounts
pyrophoric gases, self-detonating
underground tanks
combustibles, clearance 16.40.430
flooring construction 16.40.440
limits generally 16.40.320, 16.40.410
plan, requirements 16.40.340
unstable (reactive) materials 16.40.510
ventilation 16.40.370
weather protection 16.40.460
toxic gases
See exempt amounts
highly toxic, toxic compressed gases
TOXIC GASES
underground tanks
See also storage
regulations generally 16.40.310
secondary containment, requirements
16.40.330
Inspections
concealed work, stop work order when
16.40.040
final, effect 16.40.060
Motor vehicle fuel-dispensing station tanks
aboveground, regulations 16.40.700
volume 16.40.290
Ordinance, hearing 16.40.740
Permit
fees 16.40.050
required when 16.40.030
Pyrophoric gases
See Hazardous materials
(CupeRino 9-92) 630-2
FIRE CODE
Roof coverings 16.40.680
Shell building, requirements 16.40.150
Shelves, earthquake barriers when 16.40.220
Smokeproof enclosures, required where 16.40.140
Sprinkler system, automatic
See also Shell building, requirements
combustible waste storage room 16.40.160
Standpipes
required where 16.40.170
standards, specifications 16.40.180
Storage limits
See also Flammable, combustible liquids tanks
Hazardous materials
explosive materials 16.40.230
liquefied petroleum gases 16.40.660
Toxic gases
See Hazardous materials
TOXIC GASES
Violation
hazard, nuisance, abatement 16.40.750
penalty 16.40.730
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
F1RE 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
FIREARM
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 SALE
Business license fee 5.04.490
FIREWORKS
Dangerous, defined 10.24.010
Defined 10.24.010
Defmitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Safe and sane, defined 10.24.010
Severability 10.24.070
631)-3 (Cupertino 9-92)
MAGIC
- M -
MAGIC
Business license
See also BUSINESS LICENSE
fee 5.04.490
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04.130
Approved street tree enforcement 14.16.080
Bicycle
enforcement 11.08.030
lanes designation 11.08.250
license issuance 11.08.040
Bingo, provisions administration 5.32.170
Clerk, city, appointment 2.20.100
Commission meetings, attendance 2.28.060
Compensation, reimbursement 2.28.080
Construction, noisy, permitting 10.46.050
Created 2.28.010
Departmental organization authority 2.48.030
Duector of emergency services 2.40.050
Eligibility, bond 2.28.030
Encroachment permit issuance 14.08.040
False alarm
enforcement authority designation 10.26.100
hearing duties 10.26.120
Firearm, concealable, sale
administrative authority 10.82.010
license investigation 10.82.040
Garage, patio sale enforcement authority 5.16.060
Grocery store enforcement authority 5.36.060
Parade
administrative authority 10.44.140
permit issuance 10.44.050
Pazk and/or building permit issuance 13.04.040
Pazks administration 13.04.220
Pedestrian regulations administration 11.09.020
Powers, duties 2.28.040
Relations with council 2.28.050
Residence requirement 2.28.020
Sales and use tax, alternate, collection 3.09.050
Smoking prohibition regulations enforcement
10.25.080
Solicitor
administrative authority 5.20.100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Street tree enforcement 14.12.030
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension, revocation
5.28.180
Temporary absence, replacement 2.28.070
Traffic
speed limit signing 11.12.040
stop intersection signing 11.20.040
through street signing 11.16.040
Water
department duties 15.12.090
provisions enforcement 15.12.050
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
Adoption 16.24.010
Amendments
Section 203 16.24.050
Section 204 16.24.070
Boazd of appeals created 16.24.050
Name insertion 16.24.020
Ordinance hearing 16.24.030
Permit fees 16.24.060
Severability 16.24.040
Violation, penalty 16.24.070
6:57 (c^puctno 9-9z>
MEDIUMSHIP
MEDI[JMSHIP
Business license fee 5.04.490
MINOR
See BINGO
CURFEW
DRUG PARAPHERNALIA
MORTICIAN
Business license tax rate 5.04.450
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 declazed nuisance 9.16.020
Enforcement authority 9.16.030
Findings, intent 9.16.010
Health officer defined 9.16.150
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9.16.120
generally 9.16.100
recordation, priority 9.16.110
satisfaction from sale proceeds 9.16.130
Recurrence of nuisance 9.16.070
MOTOR COURT
Business license tax rate 5.04.450
MOVING BUILDINGS
See BUILDING
-N-
NEWSPAPER
See ADVERTISMENT
NEWS RACK
Display prohibitions 10.21.100
Explicit sexual act defined 10.21.110
Findings, purpose of provisions 10.21.010
Impoundment
See Removal permitted when
Location
See Prohibited locations
Permit
fee 10.21.030
required 10.21.020
Placement
See Prohibited locations
Prohibited locations
designated 10.21.090
vehicle use area 10.21.080
Removal permitted when 10.21.120
Severability of provisions 10.21.140
Sexual act
See Explicit sexual act defined
Violation, penalty 10.21.130
NOISE
See also NOISE CONTROL
Construction
defined 10.46.020
prohibited
appeal procedure 10.46.060
exception 10.46.050
generally 10.46.040
Defmitions 10.46.020
Holiday defined 10.46.020
Person defined 10.46.020
Purpose of provisions 10.46.010
Severability of provisions 10.46.080
Urgency declaration 10.46.090
Violation, penalty 10.46.070
NOISE CONTROL
See also NOISE
Administration 10.48.020
Animals, birds 10.48.061
(Cupertino 9-92) 638
NOISE CONTROL
Brief daytime incidents 10.48.050
City department duties 10.48.023
Commercial
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
Defmitions, 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
Motor vehicle
faulty muffler system 10.48.056
idling 10.48.055
repair, testing 10.48.063
Muffler defined 10.48.010
Multiple-family dwelling unit
defined 10.48.010
interior noise 10.48.054
Multiple section applicability 10.48.013
Nighttime defined 10.48.010
Nonresidential area defined 10.48.010
Officer
See NOISE CONTROL OFFICER
Other remedies 10.48.014
Outdoor public events 10.48.055
Person defined 10.48.010
Property boundary defined 10.48.010
Public area defined 10.48.010
Recreational vehicles 10.48.057
Residential area defined 10.48.010
Right-of--way, public, defined 10.48.010
Sound
defined 10.48.010
level
defined 10.48.010
meter defined 10.48.010
Violation
notice 10.48.011
penalty 10.48.012
Weekday defined 10.48.010
Weekend defined 10.48.010
NOISE CONTROL OFFICER
Administrative duty 10.48.020
Defined 10.48.010
Duties 10.48.022
Exception granting authority 10.48.031
Noise abatement order 10.48.011
Powers 10.48.021
NUISANCE
Abandoned, wrecked, inoperative vehicle 11.04.010
Abatement
See NUISANCE ABATEMENT
Animal 8.08.150
Code chapters designated 1.09.180
Fire code violations 16.40.750
Nighttime delivery to commercial establishment
10.48.062
Noise, construction 10.46.070
Penalty 1.12.030
638-1 (Cupertino 9-n)
PARKING
replacement 11.27.120
restriction 11.27.070
revocation 11.27.140
validity 11.27.110
violation, penalty 11.27.150
Private street
curb markings, signs 11.26.040
definitions 11.26.030
diagonal 11.26.120
handicapped parking space 11.26.100
highway defined 11.26.030
holidays defined 11.26.030
intersection defined 11.26.030
loading zone
establishment authority 11.26.070
marking 11.26.080
passenger 11.26.090
park defined 11.26.030
parking space
See also handicapped parking space
marking 11.26.060
parkway defined 11.26.030
prohibited where 11.26.110
purpose of provisions 11.26.010
roadway defined 11.26.030
removal of vehicle sign specification 11.26.140
scope 11.26.020
sidewalk defined 11.26.030
sign obedience required 11.26.050
stop, stopping defined 11.26.030
street defined 11.26.030
violation, penalty 11.26.130
Prohibited
certain hours, where 11.24.160
private street
See Private street
street cleaning, repair 11.24.230
where 11.24.060, 11.24.150
Provisions effect limited 11.24.020
Public streets defined 11.28.010
Roadway defined 11.24.030
Sale of merchandise, prohibited where 11.28.050
Scope of provisions 11.24.010
Seventy-two hour limit 11.24.130
Sidewalk defined 11.24.030
Space marking 11.24.070
Stop, stopping defined 11.24.030
Street defined 11.24.030
Temporary permits 11.24.220
Time limits, where 11.24.170
Trailer park defined 11.28.010
Truck
defined 11.28.010
trailer defined 11.28.010
Vehicle
commercial, weight limit 11.28.030
defined 11.24.030, 11.28.010
Violation, penalty 11.24.210, 11.28.060
PARK AND RECREATION FACILITIES
ACQUISITION AND MAINTENANCE FUND
Created, purpose, use 14.05.100
PARKS, CITY
See also PARK AND RECREATION
COMMISSION
Acquisition, maintenance fees
administration, enforcement 14.05.070
appeals 14.05.090
applicability of provisions 14.05.020
conformance requirements 14.05.120
construction defined 14.05.010
credits 14.05.050
definitions 14.05.010
determination 14.05.060
erection defined 14.05.010
exceptions 14.05.080
ordinance, filing 14.05.140
park and recreation facilities defined 14.05.010
pending building permit, provisions not
applicable when 14.05.125
purpose, intent of provisions 14.05.030
required when, requirements generally 14.05.040
review, purpose 14.05.110
severability of provisions 14.05.130
single lot development defined 14.05.010
use, restrictions 14.05.100
641 (Cupcrtino 9-92)
PARKS, CITY
Administrative authority 13.04.220
Advertising, sale restrictions 13.04.180
Behavior in, requirements 13.04.130
City defined 13.04.020
City manager defined 13.04.020
Closing hours
prohibitions 13.04.190
vehicles towed when 13.04.191
Compliance required 13.04.030
Dedication
See SUBDNISION
Defmitions, defined 13.04.020
Enforcement authority 13.04.230
Lost article report 13.04.210
Nature, rural preserve
defined 13.04.020
designation 13.04.201
regulations generally 13.04.202
Permit
appeal 13.04.080
application 13.04.050
contents 13.04.060
defined 13.04.020
fees, deposit 13.04.090
granting, denial 13.04.070
liability 13.04.100
required 13.04.040
revocation 13.04.110
Picnic area, use restrictions 13.04.170
Property, use restrictions 13.04.120
Purpose 13.04.010
Sanitation requirements 13.04.140
Section closure when 13.04.200
Sound amplifying equipment defined 13.04.020
Swimming restrictions 13.04.160
Vehicle
defined 13.04.020
requirements 13.04.150
Violation, penalty 13.04.240
PATIO SALE
See GARAGE, PATIO SALE
PAWNBROKER
Business license fee 5.04.490
PEDESTRIANS
Administration 11.09.020
Adult school crossing guards
obedience to, required 11.09.060
positioning 11.09.050
Defined 11.09.010
Violation, penalty 11.09.090
PENALTY
Code violation 1.12.010
Nuisance abatement 1.12.030
Separate offense 1.12.020
PERMIT
See also BUSINESS LICENSE
LICENSE
Advertisement, handbill distribution 10.52.030
Alcoholic beverages, gasoline concurrent sales
5.44.030
Animal
dangerous, vicious 8.08.085, 8.08.460
establishment 8.08.380
vicious
See dangerous, vicious
Bingo 5.32.190
Encroachment 14.08.030
Explosives 10.20.010
Firearm 10.76.010
Fire code, designated activities 16.40.030
Flood azea development 16.48.020
Grading 16.08.030
Moving buildings 16.36.020
News rack 10.21.020
Off-street vehicle 11.10.011
Pazade 10.44.030
Pazk, building 13.04.140
Parking
See PARKING
Private patrol 5.24.020
Reroofing 16.04.115
Restaurant, food establishment 9.04.020
(Cupertino 9-92) 642
PLANNING COMMISSION
approval 18-1.501.4
denial 18-1.501.5
utility undergrounding waiver 18-1.802.6
variance authority 18-1.105
PLANNING DIltECTOR
Bingo permit applicant investigation 5.32.220
Development agreement
applicant qualifications, investigation 20.20.030
application review 20.20.050
cancellation authority 20.40.020
review
authority 20.36.010
certificate issuance 20.36.020
noncompliance determination, action
20.36.030
Flood area authority 16.48.021
Sign
enforcement, interpretation of provisions
17.52.010
exception, revocation notice 17.44.060
illegal, notice, removal 17.40.030, 17.52.020
repaired, review 17.36.070
Subdivision
final map approval 18-1.402.5.3
tentative map
amendment approval 18-1.401.6
hearing setting, notification 18-1.401.4.1
time extension duties 18-1.401.5.1
tentative parcel map hearing setting 18-1.501.3
PLUMBING CODE
Adopted 16.20.010
Electrical, gas receptacles required when 16.20.040
Incorporations, amendments 16.20.030
Name insertion 16.20.020
Ordinance hearing 16.20.050
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
POOLROOM
Business license
See also BUSINESS LICENSE
fee 5.04.490
PRELIMINARY SOIL REPORT
See BUILDING
PRIVATE PATROL
Bond, insurance requirements 5.24.050
Business license fee 5.04.490
Defined 5.24.010
Identification cards 5.24.130
Permit
application 5.24.030
display required 5.24.090
expiration, renewal 5.24.080
fee 5.24.070
issuance 5.24.060
required 5.24.020
revocation
grounds 5.24.100
notice, hearing 5.24.110
sheriff approval 5.24.040
Reports required 5.24.140
Uniform, equipment regulations 5.24.120
Violation, penalty 5.24.150
PUBLIC HEALTH DIRECTOR
Animal license authority 8.08.270
POLICE
See PRIVATE PATROL
SHERIFF
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, reponsibilities 2.60.070
Effect 2.60.080
64'5 (Cupertino 9-92)
PUBLIC SAFETY COMMISSION
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
Termination, when 2.60.090
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
next lowest bidder 3.23.090
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
Defmitions 3.23.020
Lowest responsible bidder
See also Award, criteria
defined 3.23.020
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Severability of provisions 3.23.180
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
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
premises inspection authority 3.36.190
Subdivision, park land dedication, fair market value
determination 18-1.602.7
PUBLIC WORKS INSPECTOR
Subdivision improvement inspection 18-1.810.3
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
City defined 3.22.020
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Defmitions 3.22.020
Equipment
See also EQUIPMENT, SURPLUS, SALE
defined 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Materials defined 3.22.020
Officer
See also PURCHASING OFFICER
defined 3.22.020
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash required
3.22.040
(Cupertino 9-92) 64O
SIGN
Supports, braces, anchoring 17.36.040
Temporary, special event
See also Special
regulations generally 17.32.100
temporary, defined 17.08.400
Title of provisions 17.04.010
Trim defined 17.08.410
Use, discontinuance, removal, change 17.36.100
Vehicle, defined 17.08.420
Violation, penalty 17.56.010
Wall
See also Professional office district
area 17.24.320
defined 17.08.430
permitted where, projection 17.28.140
Window
See also Special
defined 17.08.440
regulations generally 17.32.110
Wind pressure requirements 17.36.020
SKATING RINK
Business license
See also BUSINES LICENSE
fee 5.04.490
SMOKING
Bar defined 10.25.010
City-owned facilities, restrictions 10.24.040
Defined, definitions 10.25.020
Dining area defined 10.25.010
Employee defined 10.25.020
Employer defined 10.25.020
Enclosed defined 10.25.020
Exempt locations 10.25.050
Findings 10.25.010
Motion picture theater defined 10.25.020
Nonprofit entity defined 10.25.020
Office workplace
defined 10.25.020
restrictions, policies 10.25.030
Prohibited
enforcement 10.25.080
locations designated 10.25.060
Public place defined 10.25.020
Serving line defined 10.25.020
Severability 10.25.100
Sign posting required 10.25.070
Violation, penalty 10.25.090
SODA FOUNTAIN
See RESTAURANT
SOILS REPORT
See BUILDING
SUBDIVISION
SOLICITOR
Administrative authority 5.20.100
Business license
See also BUSINESS LICENSE
fee 5.04.490
Defined 5.20.010
Exemptions from provisions 5.20.015
Hours of operation 5.20.090
Identification permit
denial, appeal 5.20.050
display on demand 5.20.120
issuance 5.20.040
nontransferable 5.20.110
revocation
appeals 5.20.070
grounds 5.20.060
Posting of premises 5.20.140
Severability of provisions 5.20.160
Vehicle requirements 5.20.080
Violation, penalty 5.20.130
SPECIAL GAS TAX STREET IMPROVEMENT
FUND
Created 3.20.010
Expenditures 3.20.030
Moneys designated 3.20.020
6:)1 (Cupertino 9-92)
STORM DRAINAGE SERVICE CHARGE
STORM DRAINAGE SERVICE CHARGE
Adjustments, conditions 3.36.160
Amount
See Imposed, determination, applicability
Apartinent premises defined 3.36.020
Applicability
See Exemptions
Imposed, determination, applicability
City defined 3.36.020
Collection
See also Disputed charges
Payment
balance, procedure 3.36.090
omitted charges 3.36.100
procedure, regulations generally 3.36.080
CommerciaUindustrial premises defined 3.36.020
Definitions 3.36.020
Delinquent
See Payment
Director of public works defined 3.36.020
Disputed charges
See also Adjustments, conditions
procedure 3.36.150
Effective date 3.36.070
Exemptions 3.36.040
Finance duector defined 3.36.020
Fund
See STORM DRAINAGE SERVICE CHARGE
FUND
Imposed, determination, applicability 3.36.030
Lot defined 3.36.020
Maintenance and operation defined 3.36.020
Parcel defined 3.36.020
Payment
See also Collection
Disputed charges
delinquency
See also due date
enforcement 3.36.200
penalty 3.36.140
due date 3.36.130
location 3.36.120
owner responsibility 3.36.110
Premises
defined 3.36.020
inspection, scope, authority 3.36.190
Purpose, limitations of provisions 3.36.010
Refunds, conditions 3.36.180
Residential premises defined 3.36.020
Revenues, use, limitations 3.36.170
Review
measurement, analysis methods report 3.36.060
procedure generally 3.36.050
Severability of provisions 3.36.210
Storm drainage system defined 3.36.020
Use
See Revenues, use, limitations
Vacant premises defined 3.36.020
STORM DRAINAGE SERVICE CHARGE FUND
Created, purpose, use 3.36.170
STREET IMPROVEMENT
Agreement
deferred
See Deferred agreement
installation
See Installation agreement
Appeals 14.04.240
Applicability of provisions 14.04.020
Chapter conformance required 14.04.250
Credit
prior improvements 14.04.150
purpose 14.04.100
Dedication
determination by class 14.04.140
requirements 14.04.130
time, purpose 14.04.050
Deferred agreement
See also In-lieu payment, deferred agreement
generally
defined 14.04.010
purpose 14.04.080
(Cupertino 9-92) 652
STREET IMPROVEMENT
Exceptions 14.04.230
Fees 14.04.190
In-lieu payment
See also In-lieu payment, deferred agreement
generally
defined 14.04.010
purpose 14.04.070
schedule 14.04.180
In-lieu payment, deferred agreement generally
14.04.060
Installation agreement
bond, other securities 14.04.170
defined 14.04.010
Interim 14.04.090
Legal description required 14.04.220
Parcel of land defined 14.04.010
Permit
defined 14.04.010
preceding
conditions 14.04.160
purpose 14.04.110
Permittee defined 14.04.010
Person defined 14.04.010
Preceding permit
See Permit
Purpose, intent 14.04.030
Remedies cumulative 14.04.290
Requirements generally 14.04.040
Rules, regulations 14.04.120
Standard specifications 14.04.200
Street, highway width 14.04.210
Street light defined 14.04.010
Unimproved street defined 14.04.010
Violation
nuisance 14.04.260
penalty 14.04.280
utility connection denial 14.04.270
STREETS AND SIDEWALKS
See also SUBDIVISION
Cleated vehicle operation, prohibitions 14.08.080
Depositing dirt, rocks prohibited 14.08.070
Developer defined 14.04.010
Encroachment
defined 14.08.010
permit
application, deposit 14.08.040
issuance 14.08.050
required 14.08.030
Fence defined 14.08.010
Hedge defined 14.08.010
Highway defined 14.08.010
Obstruction
applicability 14.08.090
definitions 14.08.010
overhead, prohibited 14.08.020
violation, penalty 14.08.100
Permit defined 14.04.010
Permittee defined 14.04.010
Roadway defined 14.08.010
Safety zone defined 14.08.010
Shrub defined 14.08.010
Sidewalk defined 1.04.010, 14.08.010
Standard specifications defined 14.08.010
Street
defined 1.04.010
definitions 14.04.010
improvements
See STREET IMPROVEMENT
light, defined 14.04.010
unimproved defined 14.04.010
t)5.~-1 (Cupertino 9-92)
SUBDIVISION
expiration 18-1.701.7
scope, effect 18-1.701.8
consistency
See also approval
requirements generally 18-1.701.2
defined 18-1.201, 18-1.701.3
definitions generally 18-1.701.3
fees 8-1.701.6
filing, prcessing requirements 18-1.701.5
generally 18-1.701.1
Violation
certificate of noncompliance
See Compliance
remedies 18-1.1202
Warranty security
See Improvement security
Water system 18-1.802.5
SURPLUS PROPERTY
See EQUIPEMNT, SURPLUS, SALE
SWIlVIMING POOL
Administration, application 16.32.030
Administrative authority defined 16.32.020
Approved defined 16.32.020
Conswction requirements 16.32.050
Defined 16.32.020
Defmi[ions 16.32.020
Effective date 16.32.100
Enforcement authority 16.32.060
Fencing, safety requirements 16.32.040
Inspection required 16.32.073
Main outlet defined 16.32.020
Permit
application 16.32.071
fees 16.32.072
required 16.32.070
Private, defined 16.32.020
Public, defined 16.32.020
Purpose 16.32.010
Severability 16.32.090
Testing agency, approved, defined 16.32.020
Violation, penalty 16.32.080
6:57
SWINE
See ANIMAL
- T -
TAVERN
See RESTAURANT
TAX
See Specific Tax
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of hearing
3.12.090
TAX COLLECTOR
Storm drainage service charge collection duties
3.36.080
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Defmi[ions, defined 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.170
required 5.28.160
suspension, revocation 5.28.180
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.140
required 5.28.120
requirements 5.28.130
Overcharge, restitution 5.28.210
Owner defined 5.28.010
Permit
application 5.28.070
denial 5.28.080
(Cupertino 9-92)
TAXICAB
driver
See Driver permit
for additional, substitute vehicles 5.28.110
required 5.28.060
revocation, suspension 5.28.100
term 5.28.090
Refusal of service prohibited 5.28.200
Severability 5.28.230
Taximeter
defined 5.28.010
operation 5.28.040
required 5.28.020
Violation, penalty 5.28.220
Waiting time defined 5.28.010
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.450
Smoking
See SMOKING
TOBACCO VENDING MACHINE
See CIGARETTE, TOBACCO VENDING
MACHINES
TOXIC GASES
See also FIRE CODE
Applicability, purpose, conflict of provisions
16.42.010, 16.42.030
Control area defined 16.42.020
Controls
Class I 16.42.220
Class II 16.42.230
Class III 16.42.240
classification 16.42.210
defined 16.42.020
minimum threshold quantity 16.42.250
Definitions 16.42.020
Equilibrium vapor concentration (EVC) defined
16.42.020
Facility
See also Storage, use
closure 16.42.080
defined 16.42.020
earthquake protection 16.42.090
emergency response plan 16.42.140
emergency response team
drills 16.42.160
required, composition, duties 16.42.150
maintenance, testing requirements 16.42.170
security 16.42.100
Fire chief defined 16.42.020
Fire code defined 16.42.020
Gas defined 16.42.020
Inert construction materials defined 16.42.020
Lethal concentration (LCS~ defined 16.42.020
Lethal concentration low (LCLo) defined 16.42.020
Lethal dose low (LDLo) defined 16.42.020
Lethal dose median (LDS defined 16.42.020
Level of concern (LOC) defined 16.42.020
Material hazard index (MHI) defined 16.42.020
Maximum threshold quantity (Max. T.Q.) defined
16.42.020
Minimum threshold quantity (Min. T.Q.)
See also Controls
defined 16.42.020
Persons defined 16.42.020
Persons responsible defined 16.42.020
Regulated materials
classification 16.42.200
criteria 16.42.040
defined 16.42.020
Responsible person defined 16.42.020
Severability of provisions 16.42.280
Storage, use
See also Facility
breathing apparatus 16.42.110
compliance plan, permit
required, fees, information required 16.42.060
time limits 16.42.070
exterior storage, tank requirements 16.42.260
fire protection requirements 16.42.190
(Cupertino 9-92) 65g
TOXIC GASES
flow restricting orifice requirements 16.42.180
leak testing, protective plugs, caps 16.42.130
prohibitions 16.42.050
separation of incompatible materials 16.42.120
tank cars 16.42.270
Unauthorized discharge defined 16.42.020
Violation, penalty 16.42.290
TRACTOR
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
TRAFFIC
See also TRANSPORTATION DEMAND
MANAGEMENT
Cruising
central business district defined 11.30.010
definitions, defined 11.30.010
exemptions 11.30.020
highway defined 11.30.010
motor vehicle defined 11.30.010
prohibited 11.30.030
violation, penalty 11.30.040
Curb opening closure
affected azea defined 11.36.010
affected person defined 11.36.010
authority 11.36.030
curb opening defined 11.36.010
hearing
appeal 11.36.060
auWorized 11.36.050
notice contents 11.36.040
provisions nonexclusive 11.36.020
purpose, definitions 11.36.010
street defined 11.36.010
Downtown azea
See Cruising
Driveway opening
See Curb opening closure
Engineer
See TRAFFIC ENGINEER
Intersections, blocking prohibited 11.24.240
Loading zones
See Parking
Median closure
See Curb opening closure
Pazking
See PARKING
Road bumps
administrative authority designated 11.34.020
defined 11.34.010
installation where, criteria 11.34.030
Road construction, traffic regulations 11.36.070
Speed bumps
See Road bumps
Speed limits
authority, declaration 11.12.020
established 11.12.030
purpose of provisions 11.12.010
signing 11.12.040
Stop intersection
all directional, designated, required action
11.20.030
designated, required action 11.20.020
purpose of provisions 11.20.010
signing 11.20.040
Stopping, standing
See PARKING
Through streets
defined 11.16.020
designated 11.16.030
purpose of provisions 11.16.010
stop sign installation 11.16.040
Truck routes
compliance required 11.32.030
established 11.32.020
pickups, deliveries, exceptions 11.32.070
wck defined 11.32.010
unrestricted highways designated 11.32.050
use regulations generally 11.32.060
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
658-1 (Cupertino 9-92)
TRAFFIC ENGINEER
TRAFFIC ENGINEER
Bicycle lane sign erection 11.08.260
Parking
curb mazking, sign authority 11.26.040
handicapped parking space approval 11.26.100
loading space establishment authority 11.26.070
space marking authority 11.26.060
TRAILER COURT
Business license
See also BUSINESS LICENSE
fee 5.04.450
TRANSIENT OCCUPANCY TAX
Collection action 3.12.130
Defmitions 3.12.020
Exemptions 3.12.040
Failure to collect and report
appeal 3.12.100
determination 3.12.090
Hotel defined 3.12.020
Imposition 3.12.030
Occupancy defined 3.12.020
Operator
defined 3.12.020
duty 3.12.050
Penalty, interest 3.12.080
Records retention, access 3.12.110
Refund conditions 3.12.120
Registration 3.12.060
Rent defined 3.12.020
Reporting, remitting 3.12.070
Short title 3.12.010
Tax administrator defined 3.12.020
Transient defined 3.12.020
Violation, penalty 3.12.140
TRANSPORTATION DEMAND MANAGEMENT
Administration, scope, authority 11.38.040
Applicability of provisions 11.38.050
Average vehicle ridership
defined 11.38.020
goals designated 11.38.030
Carpool defined 11.38.020
Commute
alternatives defined 11.38.020
coordinator
See also Implementation
defined 11.38.020
defined 11.38.020
Compressed work week defined 11.38.020
Defined 11.38.020
Defmitions 11.38.020
Designee(s) defined 11.38.020
Employee defined 11.38.020
Employer defined 11.38.020
Flexible work hours defined 11.38.020
Implementation
manager, commute coordinator, designation,
duties 11.38.070
reports, requirements
annual report 11.38.090
baseline report 11.38.080
schedule, applicability 11.38.060
Peak period defined 11.38.020
Person defined 11.38.020
Program defined 11.38.020
Purpose of provisions 11.38.010
Reports
See Implementation
Single-occupancy vehicle defined 11.38.020
TDM
defined 11.38.020
program defined 11.38.020
Telecommuting defined 11.38.020
TMA defined 11.38.020
Transportation management association defined
11.38.020
Vanpool defined 11.38.020
Vehicle
See also Average vehicle ridership
defined 11.38.020
Violation, penalty 11.38.100
Work site defined 11.38.020
TRAPS
See ANIMAL
(Cupertino 9-92) 658-2