1992 MaySUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
May, 1992
(Covering Ordinances through 1585)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should lie retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pager
Preface ............... PrefaG~
Checklist ........... Checklist
TEXT
15 ..................... 1:5
35- 3 8 ..... ....... 35/37-3 8
--- ........ ....... 70-5 -70-'7
71 ........ ........... .. 71
91- 94-1 ... ........ 91 -94-:5
99 ........ ....... 99- 100= 7
301 -304 ... ........ 301 -3af
313 -314 ... ........ 313 -31 ~i
317 -318 ... ........ 317 -313
319 -320 ... ....... 319- 320 a
334-1-334-2 ..... 334-1- 334-3
Remove Pages Insert Pages
412-1-412-2 ..... 412-1 ~ 12-2
445-446 ......... 445-446-1
TABLES
601-606-1 .......... 601-606
609-614-5 ........ 609-614-5
INDEX
615-616 ......... 615-616-1
618-1-620-1 ...... 619-620-1
623-630-1 ........ 623-630-1
639-640 ......... 639-640-1
645-646 ......... 645-646-1
659-663 ......... .. 659-664
PRF:FACE
The Cupertino Municipal Cede, originally published by Book
Publishing Company in 1973, has been kept current by regular
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 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 vacant positions between original
sections to accommodate future 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 s~ibjects, and where they appeaz in
the codification.
Footnotes referring to apI-licable statutory provisions aze
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings thf; code up to date through Ordi-
nance 1585, passed Mazch 16, 1992.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 5-92)
CHECKLIST
CUPERTINO iV[UNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 5-92 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it ]gas been listed individually.
Page Number Date
1-8 ........................ (no date)
9-12 ........................... 9-91
12-1-12-2 ....................... 2-91
13-14 .......................... 9-89
Page Number Date
941-945 ....................... 5-92
95-96 ....................... (no date)
97-9 8 ......................... 10-90
99-100 ......................... 5 -92
100-1-100-7 ..................... 5-92
Title 2:
15 ............................. 5-92
17-18 ......................... 11-86
19-20 .......................... 9-91
21-22 ....................... (no date)
23-24 .......................... 9-91
241 ............................ 9-91
25-28 ....................... (no date)
29-32 .......................... 9-91
3 3-34 .......................... 3 - 89
35/37 ........................... 5-92
38 ............................. 5-92
39-~4 .......................... 3-89
441-44-2 ....................... 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
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 7:
181 ......................... (no date)
Title 3:
71 ............................. 5-92
73-84 ....................... (no date)
85-86 .......................... 9-91
87-90 ....................... (no date)
91-94 .......................... 5 -92
Title 8:
183-186 ..................... (no date)
187-18 8 ........................ 9- 89
189-202 ..................... (no date)
203-204 ........................ 9-89
(Cupertino 5-92)
Page Number Date
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 ....................... 10-90
245-256 ..................... (no date)
257-25 8 ........................ 1-91
259-260 ....................... 10-90
260-1 .......................... 10-90
261-268 ..................... (no date)
269-270 ....................... 11-86
271-274 ..................... (no date)
275-276 ........................ 3-87
276-1 .......................... 11-86
277-281 ..................... (no date)
Title 11:
283 ............................ 1-91
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
311-312 ........................ 3-87
313-314 ........................ 5-92
315-316 ........................ 9-91
317-318 ........................ 5-92
318-1 ........................... 9-91
Page Number Date
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
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
399/401 ......................... 9-89
40311 ..................... (no date)
412-1-412-2 ..................... 5-92
(Cupertino 5-92) 11
Page Number Date
Title 16:
413 ........................... 10-90
41516 ........................ 9-89
416-1 ........................... 9-89
417-418 ........................ 5-88
419---436 ..................... (no date)
437 ........................... 12-91
43 8/440 ........................ 12-91
44144 ........................ 9-89
445-446 ........................ 5 -92
446-1 ........................... 5-92
44750 ..................... (no date)
451-452 ........................ 3-88
452-1 ........................... 3-88
453-454 ....................... 11-86
454-1 .......................... 11-86
45558 ..................... (no date)
45964 ........................ 9-89
464-1-464-2 ..................... 9-89
464-3-464-14 ................... 10-90
465-472 ..................... (no date)
473-474 ........................ 3-88
474-1-474-2 ..................... 3 - 8 8
47580 ........................ 3-88
480-1-480-19 ................... 10-90
Title 17:
481 ......................... (no date)
483484 .................... ~... 12-87
48586 ..................... (no date)
48790 ....................... 12-87
49192 ....................... 11-86
493-~94 ..................... (no date)
49596 ....................... 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
565-568 ........................ 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
614-1-614-5 ..................... 5-92
Index:
615-616 ........................ 5-92
616-1 ........................... 5-92
617-618 ........................ 9-89
619-620 ........................ 5-92
620-1 ........................... 5-92
621-622 ........................ 3-89
623-630 ........................ 5-92
630-1 ........................... 5-92
631-632 ........................ 3-88
632-1 ........................... 3-88
633-634 ....................... 12-91
634-1 .......................... 12-91
635-636 ........................ 9-91
636-1 .......................... 12-91
637-638 ........................ 5-88
iii cc~P~~oo s-~z~
Page Number Date Page Number Date
639-640 ........................ 5-92
640-1 ....... . ................... 5-92
641-642 ........................ 1-90
642-1 .......................... 12-91
643-644 ........................ 3-87
645-646 ........................ 5-92
646-1 ........................... 5-92
647-650 ....................... 12-87
651-65 2 ........................ 1-90
653-654 ........................ 2-92
654-1 ........................... 2-92
655-656 ........................ 3-88
657-65 8 ....................... 10-90
658a ........................... 10-90
658-1 ........................... 3-88
659-664 ........................ 5-92
(Cupertino 5-92) 1V
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council-Meeting Time and Place
2.08 City Council-Rules and Conduct of Meetings
2.12 Introduction and ]Passage of Ordinances
2.16 City Council-Salaries
2.20 City Clerk
2.24 City Treasurer
2.28 City Manager
2.30 Code Enforcememt Officer
2.32 Planning Commis~~ion
2.36 Park and Recreation Commission
2.40 Disaster Council
2.44 Architectural and Site Approval Committee
2.48 DepartmentalOrg;anization
2.52 Personnel Code
2.56 State Employees' :Retirement System
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.72 Expense Reimbursement
2.74 Cable Television A-dvisory Committee
2.76 Municipal Electio~~s
2.78 Landlord-Tenant l~lediation-Issuance of
Subpoenas
2.80 Fine Arts Commission
2.84 Environmental Review Committee
2.86 Affordable Housing Committee
15 (Cupertino 5-92)
2.36.110
authority or discretionary powers imposed by law in
such Council or officers. The City Council declares
that the public interest and convenience require the
appointment of a Parks and Recreation Commission
to act in a purely advisory capacity to such Council.
(Ord. 1083 (part), 1980)
35/37 ~c~PM~oo s-9z>
2.40.010
Chapter 2.40
DISASTER COUNCIL*
Sections:
2.40.010 Purposes.
2.40.020 Definition.
2.40.030 Membership.
2.40.040 Powers and duties.
2.40.050 Director of Emergency
Services-Created.
2.40.060 Director of Emergency
Services-Powers and duties.
2.40.070 Emergency organization-
Membership.
2.40.080 Emergency organization-
Structure, duties and functions.
2.40.090 Mutual aid.
2.40.100 Expenditures.
2.40.110 Violation-Penalty.
• For the constitutional provision that states that any city may make
and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws, see Calif.
Coast Art 11 ~ 11; for statutory provisions regarding the estab-
lishment and powers of local war or disaster councils, see Gov.
Code § 8610 et seq. -See Title 9, Health and Sanitation.
2.40.010 Purposes.
The declared purposes of this chapter aze to pro-
vide for the preparation and carrying out of plans
for the protection of persons and property within
this City in the event of an emergency, the direction
of the emergency organization, and the coordination
of the emergency functions of this City with all
other public agencies, corporations, organizations
and affected private persons. (Ord. 475 § 1, 1971)
2.40.020 Definition.
As used in this chapter "emergency" means the
actual or threatened existence of conditions of disas-
ter or of extreme peril to the safety of persons and
property within this City caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions
resulting from war or imminent threat of waz, but
other than conditions resulting from a labor contro-
versy, which conditions are or are likely to be be-
yond the control of the services, personnel, equip-
ment, and facilities of this City requiring the com-
bined forces of other political subdivisions to com-
bat. (Ord. 475 § 2, 1971)
2.40.030 Membership.
The Cupertino Disaster Council is created and
shall consist of the following:
A. The Mayor who shall be Chair;
B. The Director of Emergency Services who shall
be Vice-chair;
C. The Emergency Services Manager and the
Director of Public Works;
D. A designated representative of the Central Fire
District and a designated representative of the
Sheriff s Department who shall be ex-officio mem-
bers acting in an advisory capacity;
E. Such other persons as may be appointed by
the Mayor or Director of Emergency Services. (Ord.
1475, 1988: Ord. 475 (a) § 1, 1971: Ord. 475 § 3,
1971)
2.40.040 Powers and duties.
It shall be the duty of the Cupertino Disaster
Council, and it is empowered, to develop and rec-
ommend for adoption by the City Council emergen-
cy and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations
as are necessary to implement such plans and agree-
ments. The Disaster Council shall meet upon call of
the chairman or, in his absence from the City or
inability to call such meeting, upon call of the
Vice-chairman. (Ord. 475 § 4, 1971)
2.40.050 Director of Emergency Services-
Created.
There is created the office of Emergency Servic-
es. The City Manager shall be the Director of Emer-
gency Services. (Ord. 475 § 5, 1971)
(Cupertino s-ez~ 38
2.86.010
Chapter 2.86
AFFORDABLE HOUSING COMMITTEE
Sections:
2.86.010 Established-Composition.
2.86.020 Members-Residency-
Selection.
2.86.030 Terms of office.
2.86.040 Members-Vacancy prior to
expiration of a term.
2.86.050 Chairperson.
2.86.060 Meetings.
2.86.070 Compensation.
2.86.080 Majority vote required.
2.86.090 Records.
2.86.100 Duties-Powers-
Responsibilities.
2.86.110 City staff assistance.
2.86.120 Procedural rules.
2.86.130 Effect.
2.86.010 Established-Composition.
A. The Affordable Housing Committee (AHC)
of the City is established. The AHC shall consist of
seven members as follows:
City Council member,
Planning Commission member,
Representative from a Cupertino financial institu-
tion,
Representative from a Cupertino business,
Two community members,
City's appointed representative to the Santa Clara
County Community Development Block Grant
(CDBG) Citizens Advisory Committee.
B. The representatives from a financial institution
and a business, the community members, and the
City's representative to the County CDBG Citizens
Advisory Committee shall not be officials or em-
ployees of the City, nor cohabit with, as defined by
law, nor be related by blood or marriage, to any
member of the Committee, the City Manager or the
staff person(s) assigned to this Committee.
C. The Director of Community Development and
the Finance Director shall be nonvoting members of
the AHC and shall provide technical assistance to
the Committee. (Ord. 1576 § 1 (part), 1992)
2.86.020 Members-Residency election.
A. AHC members who are representatives of a
financial institution or a business are not required to
be Cupertino residents, but the financial institution
and the business represented must be located in
Cupertino. The two community members and the
City's appointed representative to the Santa Clara
County CDBG Citizens Advisory Committee must
be residents of Cupertino.
B. In selection of community members, the City
Council may give priority to:
1. Applicants who are familiar with the operation
of low income housing;
2. Applicants who represent community organiza-
tions; and
3. Applicants who are knowledgeable about the
housing needs of groups targeted for affordable
housing development which include, but are not
limited to, the following:
Seniors,
Single parent families,
Homeless persons,
Families of low income,
-Disabled persons,
Renters,
First time homebuyers.
(Ord. 1576 § 1 (part), 1992)
2.86.030 Terms of office.
A. AHC members serve at the pleasure of the
City Council. The term of office of the members of
the AHC shall be for four years commencing on the
date of their respective appointments to the AHC or
its predecessor Committee and shall end on January
15 of the year their terms are due to expire. No
AHC member shall serve more than two consecutive
terms except that a member may serve more than
two consecutive terms if he or she has been appoint-
ed to the Committee to fill an unexpired term of less
than two years.
B. The appointment, reappointment and rules
governing incumbent members of the AHC are
70-5 (Cupertino 5-92)
2.86.030
governed by Resolution No. 8357 of the Cupertino
City Council. (Ord. 1576 § 1 (part), 1992)
2.86.040 Members-Vacancy prior to
expiration of a term.
If a vacancy occurs other than by expiration of
a term, it shall be filled by the City Council's ap-
pointment for the unexpired portion of the term.
(Ord. 1576 § 1 (part), 1992)
2.86.050 Chairperson.
The City Council member will act as Chairperson
of the Committee. The Vice-chairperson shall be
elected from among Committee members. Term of
the Vice-chairperson shall be for one year and shall
begin on January 15th. (Ord. 1576 § 1 (part), 1992)
2.86.060 Meetings.
A. The AHC shall establish a regular time and
place of meeting and rules of conduct thereof and
shall hold at least one regular meeting each month.
B. A majority of the AHC shall constitute a
quorum for the purpose of transacting the business
of the Committee. (Ord. 1576 § 1 (part), 1992)
2.86.070 Compensation.
Members shall serve on the AHC without com-
pensation. (Ord. 1576 § 1 (part), 1992)
2.86.080 Majority vote required.
A majority vote of the quorum is required to
approve a recommendation on any matter that is
presented to the Committee which requires a vote.
(Ord. 1576 § 1 (part), 1992)
2.86.090 Records.
The Committee shall keep an accurate record of
its proceedings and transactions and shall render
such reports to the City Council and Planning Com-
mission asmay be required (Ord 1576 § 1 (part),
1992)
2.86.100 Duties-Powers-Responsibilities.
The powers and functions of the AHC shall be as
follows:
A. To assist the Planning Commission and the
City Council in developing housing policies and
strategies for implementation of General Plan Hous-
ing Element goals;
B. To recommend policies for implementation
and monitoring of affordable housing projects;
C. To facilitate innovative approaches to afford-
able housing development and to generate ideas and
interest in pursuing a variety of housing options;
D. When requested by the Director of Communi-
ty Development or the City Council, to make rec-
ommendations to the Planning Commission and the
City Council regarding affordable housing proposals
in connection with applications for development
including, but not limited to, recommendations for
possible fee waivers, other incentives, the number
and type of affordable units and the target groups to
be served. Any referral to the AHC shall be limited
to consideration of affordable housing proposals
which exceed normal housing requirements under
the applicable provisions of the City's General Plan
or ordinances related thereto;
E. To make recommendations to the City Council
regazding any request for relief from the normal
housing requirements under the applicable provi-
sions of the City's General Plan or ordinances relat-
ed thereto;
F. To make recommendations regazding requests
for money from the Affordable Housing Fund;
G. To provide information about affordable hous-
ing;
H. To meet with neighborhood, community,
regional, and business groups as necessary to re-
ceiveinput and assist in generating affordable hous-
ing;
I. To help identify sources of funds to develop
and build affordable housing;
J. To perform any other advisory functions au-
thorized by the City Council. (Ord. 1576 § 1 (part),
1992)
(Cupertino 5-92) 70-6
2.86.110
2.86.110 City staff assistance.
The AHC shall have available to it such assis-
tance of City staff as may be required to perform its
functions, the staff assignments and administrative
procedures to be under the general direction and
supervision of the Director of Community Develop-
ment. (Ord. 1576 § 1 (part), 1992)
2.86.120 Procedural rules.
The AHC may adopt from time to time such rules
of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall be
subject to approval by the Council before becoming
effective. All such rules shall be kept on file with
the Chairperson of the AHC, the Mayor, and the
City Clerk, and a copy thereof shall be furnished to
any person upon request. (Ord. 1576 § 1 (part),
1992)
2.86.130 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1576 § 1 (part), 1992)
70-7
(Cupertino 5-92)
Tiitle 3
REVENUE AND FINANCE
Chapters:
3.04 Documentary Starnp 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 Exci!~e Tax
7 1 (Cupertino 5-92)
3.20.010
Chapter 3.20
SPECIAL GAS TAX STREET
IMPROVEMENT FiJND*
Sections:
3.20.010 Created.
3.20.020 Moneys designated.
3.20.030 Expenditures.
* For statutory provisions regarding the apportionment of moneys to
cities having a special gas taz street improvement food, see Streets
and Highways Code § 2113; for provisions regarding highway
users' tax funds generally, see Streets and Highways Code § 2100
et seq.
3.20.010 Created.
To comply with the provisions of Section 182 et
seq. and Section 2107 et seq. of the Streets and
Highways Code, there is created in the City treasury
a special fund to be known as the "Special Gas
Street Improvement Fund." (Ord 8 § 1, 1955)
3.20.020 Moneys designated.
All moneys received by the City from the state
of California under the provisions of the Streets and
Highways Code for the acquisition of real property
or interests therein for, or the construction, mainte-
nance or improvement of streets or highways other
than state highways shall be paid into said fund.
(Ord. 8 § 2, 1955)
3.20.030 Expenditures.
All moneys in the fund shall be expended exclu-
sively for the purposes authorized by, and subject
to all the provisions of Section 182 et seq. and
Section 2107 et seq. of the Streets and Highways
Code. (Ord. 8 § 3, 1955)
91
(Cupertino 5-92)
3.22.010
Chapter 3.22
PURCHASE OF SUPPLIES AND
EQUIPMENT
Sections:
3.22.010 Purpose of chapter.
3.22.020 Definitions.
3.22.030 Purchasing Officer.
3.22.040 Purchase orders or check
requests needed-Use of petty
cash funds.
3.22.050 Availability of funds.
3.22.060 Purchase orders, check
requests or awards of
contracts-Bidding required
when-Exceptions.
3.22.070 Purchases from other public
agencies.
3.22.080 Severability.
3.22.010 Purpose of chapter.
This chapter is enacted to set forth policy to
establish efficient procedures for the purchase of
supplies, materials, equipment and services at the
lowest possible cost commensurate with quality
needed, and to clearly define authority for the pur-
chasing function of the City. (Ord. 1582 § 1 (part),
1992)
3.22.020 Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed
to them by this section.
1. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino.
2. "Purchases." Purchases of supplies and
equipment shall include leases or rentals, as well as
transactions by which the City acquires ownership.
3. "Purchasing Officer" means the Finance Direc-
tor of the City or any other official designated by
the City Manager for administration of this chapter.
4. "Services" means any and all services
including, but not limited to, equipment service con-
tracts. The term does not include services rendered
by City officers or employees, or professional or
other services which are by nature unique or for
which the procedure for procurement is specifically
provided by law.
5. "Supplies," "materials" and "equipment"
means any and all articles, things or personal prop-
erty furnished to or used by any City function. (Ord.
1582 § 1 (part), 1992)
3.22.030 Purchasing Officer.
A. The Purchasing Officer of the City is vested
with the authority for the purchase of supplies,
materials, equipment and services. When the provi-
sions and intent of this chapter may be best served
by so doing, the Purchasing Officer may authorize
in writing any department to investigate, solicit bids
or to negotiate the purchase or award of contracts
for supplies, materials, equipment or services for
that department, provided that such shall be done in
conformity with the procedures prescribed by this
chapter or by duly adopted administrative rules and
regulations pertaining thereto.
B. The Purchasing Officer shall have the
responsibility and authority to:
1. Purchase or contract for materials, supplies,
equipment and services to be performed as may be
required by any department of the City in accor-
dance with procedures prescribed by this chapter or
by such administrative rules and regulations as the
Purchasing Officer may adopt pursuant thereto;
2. Prepare and adopt administrative rules and
regulations not in conflict with the provisions of this
chapter for the purpose of carrying out the require-
ments and intent of this purchasing system. (Ord.
1582 § 1 (part), 1992)
3.22.040 Purchase orders or check requests
needed-Use of petty cash funds.
A. Purchases of supplies, materials, equipment
or services shall be made only by means of purchase
orders or check requests processed and issued pursu-
ant to this chapter. The purchase orders or check re-
quests shall be valid only when signed by the City
Manager, the Purchasing Officer or other persons as
(Cupertino 5-92) 92
3.22.040
may be designated by the Purchasing Officer to act
in his behalf.
B. Nothing herein shall preclude the use of au-
thorized petty cash funds for purposes intended by
their establishment. (Ord. 1582 § 1 (part), 1992)
3.22.050 Availability of funds.
The Purchasing Officer shall not issue any
purchase order or check request, or award any con-
tractfor the acquisition of supplies, materials, equip-
ment or services, unless there exists an unencum-
bered appropriation in the funds as approved by
City Council resolution adopting procedures for
administration of the annual budget. The appropriate
account and funds shall be encumbered immediately
after the issuance of the purchase order or check
request or award of contract. (Ord. 1582 § 1 (part),
1992)
3.22.060 Purchase orders, check requests
or awards of contracts-Bidding
required when-Exceptions.
A. In instances where the acquisition of supplies,
materials, equipment or services will result in the
issuance of a purchase order or check request, or the
award of a contract with a dollar value equal to or
in excess of the required dollar value for public
works contracts described in Section 22032(b) of the
Public Contract Code, such will be authorized only
on action taken by the City Council.
Such action shall be taken through the formal
competitive bidding procedure utilized for public
works projects as set forth in Chapter 3.23 of this
code, or pursuant to the recommendation of the City
Manager when use of the bidding procedure is not
practicable due to limitations on the source of sup-
ply, necessary restrictions in specifications, neces-
sary standardization, quality considerations or if
other valid reasons for waiving the competitive
bidding procedures appear.
B. The Purchasing Officer may award contracts
or issue purchase orders or check requests for the
acquisition of supplies, materials, equipment or
services in the open mazket without observing the
competitive bidding procedure for public works
projects prescribed in Chapter 3.23 of this code
when the estimated dollar value is less than two
thousand five hundred dollazs.
C. In instances where the acquisition of supplies,
materials, equipment or service will foreseeably
result in issuance of a purchase order or check re-
quest, or the award of a contract with a dollar value
of greater than two thousand five hundred dollars,
but less than the dollar value described in Section
22032(b) of the Public Contract Code, the Purchas-
ing Officer may awazd contracts, or issue purchase
orders or check requests for the acquisition of sup-
plies, materials, equipment or services under the
following informal procedures:
1. A notice inviting informal bids describing the
supplies, materials, equipment or services in general
terms, stating how to obtain more detailed informa-
tion about them, and stating the time and place for
the submission of bids, shall be mailed to a mini-
mum of three qualified vendors at least ten calendar
days before such bids are due.
2. All informal bids shall be presented under
sealed cover (identified as bids on the envelope),
submitted to the Purchasing Officer who shall open
them at the time and place stated in the notice.
3. Purchase orders or check requests shall be
issued or contracts awarded to the lowest respon-
sible bidder.
4. Publication of notice inviting informal bids is
not required under this informal procedure.
D. Notwithstanding the provisions of this section,
the Purchasing Officer shall be authorized to issue
a purchase order or check request, or awazd a con-
tract, without regard to the estimated dollar value,
in the following instances:
1. Emergency purchases. The immediate require-
ment of an item necessary for the continued opera-
tion of a department or for the preservation of life
or property shall be deemed an emergency. A full
report of the circumstances of emergency purchases
in excess of the required dollar value for competi-
tive bidding established in the Public Contract Code
shall be filed with the City Council at its next regu-
lar meeting;
93 cc~P~~oo s-~z>
3.22.060
2. Purchase orders, or check requests including
payment of claims against the City where a reason-
able advance estimate of cost is not possible or for
essential services of a recurring nature. Included but
not limited to this authorization are such items as
utility service for telephone, water, electricity and
gas, approved claims for liability under the City's
insurance program, renewal premiums for authorized
insurance policies, all expenditures for the City's
payroll and employee withholdings and other related
or unrelated matters involving this unknown ad-
vance cost estimate. (Ord 1582 § 1 (part), 1992)
3.22.070 Purchases from other public
agencies.
Purchases of supplies, materials, equipment or
services from any other public agency created under
the laws of the State of California or the United
States Government, including the purchase of feder-
al surplus property, is exempted from the provisions
of this chapter. (Ord. 1582 § 1 (part), 1992)
3.22.080 Severability.
If any section, subsection, subdivision, sentence,
clause or phrase of this chapter is for any reason
held to be unconstitutional or otherwise void or
invalid by any court of competent jurisdiction, the
validity of the remaining portion of this chapter
shall not be affected thereby. (Ord. 1582 § 1 (part),
1992)
(Cupertino 5-92) 94
3.23.010
Chapter 3.23
PUBLIC WORKS CONTRACT AND
BIDDING PROCEDURES
Sections:
3.23.010 Purpose.
3.23.020 Definitions.
3.23.030 Competitive bidding.
3.23.040 Notice inviting bids.
3.23.050 Presentation of bids~ecurity
requi red~ubcontractor
designated in bid.
3.23.060 Opening bids.
3.23.070 Award of contract.
3.23.080 Forfeiture of security.
3.23.090 Award of contract to next
lowest bidder-Failure to
execute contract.
3.23.100 Award of contract to next
lowest bidder-Lowest bidder
irresponsible-Notice and
hearing.
3.23.110 Rejection of bids-Identical
bids-Absence of bids.
3.23.120 Informal bidding procedure for
public works projects.
3.23.130 Exempt from bidding
requirements.
3.23.140 Performance bond of successful
bidder.
3.23.150 Deposit of proceeds.
3.23.160 Additional work by City
authority.
3.23.170 Deletions of work by City
authority.
3.23.180 Severability.
3.23.010 Purpose.
This chapter is enacted to enhance competition,
to prevent corruption and undue influence in the
awazding of public works contracts, and to clarify
the City's competitive bidding requirements estab-
lished pursuant to Part 3 of the California Public
Contract Code, Sections 20100 et seq. (Ord. 1583
§ 1 (part), 1992)
3.23.020 Definitions.
As used in this chapter, the following terms,
phrases, words and their derivations shall have the
meanings given in this section.
1. "Bid" means any proposal submitted to the
City in competitive bidding for the construction,
alteration, repair or improvement of any structure,
building, road or other improvement of any kind, or
for purchases and contracts for supplies, services
and equipment.
2. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino.
3. "Lowest responsible bidder" means the lowest
bidder whose offer best responds in quality, fitness
and capacity to the particular requirements of the
proposed work.
4. "Public works contract" means an agreement
for the erection, construction, alteration, repair or
improvement of any public structure, building, road
or other public improvement of any kind.
5. "Public works project" means:
a. The erection, improvement, painting or repair
of public buildings and works;
b. Work to protect against overflow of streams,
bays, waterfronts or embankments;
c. Street or sewer work except for maintenance
or repair thereof;
d. Furnishing supplies or materials for any such
project, including the maintenance or repair of
streets or sewers. (Ord. 1583 § 1 (part), 1992)
3.23.030 Competitive bidding.
Except as otherwise provided in this chapter and
Chapter 3.22, purchases and contracts for supplies,
services, equipment and public works projects with
an estimated doilaz value equal to or in excess of
the required dollaz value for competitive bidding
established by Section 22032 of the California Pub-
lic Contract Code, shall be by written contract pur-
suant to the procedures prescribed in this chapter.
(Ord. 1583 § 1 (part), 1992)
94-1 cc~P~~oa s-~z~
3.23.040
3.23.040 Notice inviting bids.
The notice inviting bids shall be in the form and
published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the supplies, services
or equipment to be purchased, or the public works
to be performed;
2. The location where bid blanks and specifica-
tions may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security re-
quired;
5. The class of license required for the public
works to be performed; and
6. A statement that the City has the authority to
reject any and all bids and may waive any minor
technicality or variance from the bid specifications.
B. The notice inviting bids shall be at least four-
teen calendar days before the date of opening the
bids in a newspaper of general circulation printed
and published in the City. The notice shall also be
mailed at least thirty calendar days before the date
of opening the bids to all construction trade journals
specified in Section 22036 of the California Pubiic
Contract Code. (Ord. 1583 § 1 (part), 1992)
3.23.050 Presentation of bids~ecurity
required--Subcontracto r
designated in bid.
A. All bids shall be presented under sealed cover
(identified as bids on the envelope), submitted to the
City Clerk and accompanied by one of the following
forms of bidder's security:
1. Cash;
2. A cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted sure-
ty insurer, made payable to the City.
B. The security shall be in an amount equal to at
least ten percent of the amount of the bid, or such
other sum as may be authorized by the California
Public Contract Code. A bid shall not be considered
unless one of the forms of bidder's security is en-
closed with it.
C. Upon award of the contract to the lowest re-
sponsible bidder, the security of an unsuccessful
bidder shall be returned in a reasonable period of
time, but in no event shall such security be held by
the City beyond sixty days from the date the notice
of award of contract is mailed.
D. All bidders on a public works project must
designate in their bids the name and address of each
subcontractor who will perform work exceeding
one-half of one percent of the prime contractor's
total bid and what portion of the work each sub-
contractor will perform. The prime contractor shall
list only one subcontractor for each portion of work
as is defined by the prime contractor in their bid.
(Ord. 1583 § 1 (part), 1992)
3.23.060 Opening bids.
Bids shall be opened in public at the time and
place stated in the notice inviting bids. A tabulation
of all bids received shall be open for public inspec-
tion during regular business hours for a period of
not less than fifteen calendar days after the bid
opening. Any bid which is received after the time
specified in the notice shall be returned unopened.
(Ord. 1583 § 1 (part), 1992)
3.23.070 Award of contract.
Contracts shall be awarded by the City Council
to the lowest responsible bidder except as otherwise
provided in this chapter. (Ord. 1583 § 1 (part),
1992)
3.23.080 Forfeiture of security.
If the successful bidder fails to execute the con-
tract within ten days after the date the notice of
award of contract is mailed, unless the City is
responsible for the delay, the amount of the bidder's
security shall be forfeited to the City except as
provided in Section 3.23.090. (Ord. 1583 § 1 (part),
1992)
3.23.090 Award of contract to next lowest
bidder-Failure to execute
contract.
The City Council may, on refusal or failure to the
(Cupertino 5-921 94-2
3.23.090
successful bidder to execute the contract within ten
days after the date the notice of award of contract
is mailed, unless the City is responsible for the
delay, award it to the next lowest responsible bidder.
If the City Council awards the contract to the sec-
ondlowest bidder, the amount of the lowest bidder's
security shall be applied by the City to the differ-
ence between the low bid and the second lowest bid,
and the surplus, if any, shall be returned to the
lowest bidder if cash or a check is used, or to the
bidder's surety if a bond is used. (Ord. 1583 § 1
(part), 1992)
3.23.100 Award of contract to next lowest
bidder-Lowest bidder irresponsi-
ble-Notice and hearing.
A. The City Council, in its sole discretion, may
reject the lowest bid for purchases and contracts for
supplies, services, equipment and public works
projects upon specific findings that the lowest bidder
is not responsible. To determine responsibility, the
City Council may consider, among other things, the
bidder's financial responsibility, type of license, type
of equipment, number of yeazs experience in con-
struction work, other projects bidder worked on in
the last five yeazs, whether bidder has failed to
complete any contract and bidder's ability to be
bonded.
B. If the City Council rejects the lowest bid upon
its determination that the lowest bidder is not re-
sponsible, the City shall do the following:
1. Give notice of the City Council's decision to
the lowest bidder, setting forth the reasons why
he/she is not considered the lowest "responsible"
bidder;
2. In the notice, give bidder an opportunity to
ask for apre-award hearing before the City Council
on the issue;
3. If hearing is requested, agenda the matter
pursuant to California Government Code hearing
requirements;
4. After the hearing, the City Council shall make
a finding, supported by the evidence on the record,
as to the nonresponsibility of the lowest bidder.
(Ord. 1583 § 1 (part), 1992)
3.23.110 Rejection of bids-Identical
bids-Absence of bids.
The City Council, in its sole discretion, may:
A. Reject any bids presented and readvertise for
new bids;
B. Reject any bid that fails to meet the bidding
requirements in any respect;
C. If two or more bids are the same and the
lowest, the City Council may accept the one it
chooses;
D. If no bids aze received, the City Council may
have the project done without further complying
with this chapter;
E. Waive minor irregularities in any bid received
(Ord. 1583 § 1 (part), 1992)
3.23.120 Informal bidding procedure for
public works projects.
Except as otherwise required by this chapter or
under state or federal law, the bidding procedures
of this chapter may be dispensed with for public
works projects with an estimated dollar value equal
to or less than the required dollaz value specified in
Subdivision (b) of Section 22032 of the Public
Contract Code, and the following informal bidding
procedures substituted:
A. The City shall maintain a list of qualified con-
tractors, identified according to categories of work.
Minimum criteria for compilation of the contractor
list shall be determined by the California Uniform
Construction Cost Accounting Commission ("Com-
mission"). All contractors on the list for the catego-
ry of work being bid and/or all construction trade
journals specified by the Commission shall be
mailed a notice inviting informal bids, unless the
product or service is proprietary.
B. All notices to contractors in construction trade
journals shall be mailed not less than thirty calendaz
days before the date of opening the bids.
C. The notice inviting informal bids shall de-
scribe the project in general terms, how to obtain
more detailed information about the project, state
the time and place for submission of bids and be
published at least once.
94-3 (Cupertino 5-92)
3.23.120
D. The City Council hereby delegates the author-
ity to award contracts pursuant to informal bidding
to the City Manager or other person designated in
writing by the City Manager. (Ord. 1583 § 1 (part),
1992)
3.23.130 Exempt from bidding
requirements.
The following aze exempt from competitive bid-
ding requirements:
A. Professional Services. Includes, but is not
restricted to, services of lawyers, azchitects, engi-
neers, land surveyors, artists, and accountants;
B. Maintenance. Includes the maintenance and
repair of streets and sewers, but does not include the
furnishing of materials for such maintenance;
C. Emergency Work. If there is a great public
calamity, such as an extraordinary fire, flood, storm,
epidemic or other disaster, or if it is necessary to do
emergency work to prepare for national or local
defense, the City Council may pass a resolution by
a four-fifths vote declaring that the public interest
and necessity demand the immediate expenditure of
public money to safeguard life, health or property.
Upon adoption of the resolution, the City may ex-
pend any sum required in the emergency without
complying with this chapter;
D. Small Contracts. Any contract for supplies,
services, equipment and public works projects with
an estimated dollaz value less than the required
dollaz value for competitive bidding established by
Section 22032 of the California Public Contract
Code;
E. Meaningless Bids. Where the nature of the
subject of the contract is such that competitive pro-
posals would not produce an advantage and when
the advertisement for competitive bidding would be
undesirable, impracticable or impossible;
F. Performance of Project After Rejection of
Bids. After rejection of bids presented, the City
Council may pass a resolution by a four-fifths vote
declaring that the project can be performed more
economically by day labor or the materials or sup-
plies furnished at a lower price in the open mazket.
Upon adoption of the resolution, the City is relieved
from further compliance with formal bidding re-
quirements. (Ord. 1583 § 1 (part), 1992)
3.23.140 Performance bond of successful
bidder.
The City Manager has authority to require a
performance bond before entering a contract, in such
amount as the City Manager finds reasonably neces-
sary to protect the best interests of the City or as
may be required by law. If the City requires a per-
formance bond, the form and amount of the bond
shall be described in the notice inviting bids. (Ord.
1583 § 1 (part), 1992)
3.23.150 Deposit of proceeds.
The cash or proceeds collected pursuant to this
chapter shall be deposited in the fund out of which
the expenses of prepazation and printing of the plans
and specifications, estimates of cost and publication
of notice aze paid. (Ord. 1583 § 1 (part), 1992)
3.23.160 Additional work by City
authority.
Notwithstanding the provisions of this chapter, if
any public works project is being performed upon
any street or utility, and the Director of Public
Works determines that additional City work is re-
quired upon the same street or utility, the Director
of Public Works may order that the additional City
work be accomplished by purchase order or contract
without complying with the bidding requirements
established in this chapter; provided, that the cost of
the additional work does not exceed the required
dollar value for bidding established by Section
22032 of the California Public Contract Code. (Ord.
1583 § 1 (part), 1992)
3.23.170 Deletions of work by City
authority.
The City reserves the right to delete up to twenty-
five percent of the work on a public works contract
where such deletions would advance the project as
originally contemplated. (Ord. 1583 § 1 (part),
1992)
(Cupertino 5-921 94-4
3.23.180
3.23.180 Severability.
If any section, subsection, subdivision, sentence,
clause or phrase of this chapter is for any reason
held to be unconstitutional or otherwise void or
invalid by any court of competent jurisdiction, the
validity of the remaining portion of this chapter
shall not be affected thereby. (Ord. 1583 § 1 (part),
1992)
S'4-5
(Cupcrtino 5-92)
3.32.070
control (provided that compliance with any building
code or other ordinance requirement of the City or
of any other applicable law shall not be deemed a
cause over which the owner has no control), but
only if the number of dwelling units in the building
is not increased and the number of square feet in the
building devoted to any use other than dwelling unit
is not increased. If the number of dwelling units in
the building and/or the number of square feet in the
building devoted to any use other than dwelling unit
use is increased, then the tax imposed undec this
chapter shall apply to such increased number of
dwellings and/or such increased floor area;
5. The construction of any below market rate
residential dwelling unit as defined by the General
Plan of the City;
6. The construction of any residential rental
dwelling unit development for handicapped persons
as defined by the General Plan of the City;
7. The construction of meeting or convention
rooms in association with the construction of ho-
tel/motel facilities.
B. Nothing in this chapter shall be construed as
imposing a tax upon any person when imposition of
such tax upon that person would be in violation of
the Constitution of the United States or that of the
State. (Ord. 1224 § 1(D), 1983: Ord. 603 (part),
1974)
3.32.080 Use of tax revenues.
All of the construction taxes collected pursuant
to the provisions of this chapter, including all con-
struction taxes collected under previous ordinances,
shall be placed in the general fund of the City to be
used for the usual and current expenses of the City.
(Ord. 1224 § 1(E), 1983: Ord. 715 § 1, 1975: Ord.
603 (part), 1974)
3.32.090 Severability.
If any provision of this chapter or application
thereof to any person or circumstance is held inval-
id, such invalidity shall not affect other provisions
or applications of this chapter which can be given
effect without the invalid provision or application,
and to this end the provisions of this chapter are
declared to be severable. (Ord. 603 (part), 1974)
3.32.100 Effective date.
The ordinance codified in this chapter shall be
effective and operative immediately upon adoption.
However, the increase in construction tax imposed
by the amendment shall be applied to only those
persons applying for building permits after May 26,
1983. (Section 36937(d) Government Code.) (Ord.
1224 § 1(F), 1983: Ord. 603 (part), 1974)
99 ~c~p~R;no s-~z~
3.34.005
Chapter 3.34
UTILITY USERS EXCISE TAX
Sections:
3.34.005 Purpose.
3.34.010 Definitions.
3.34.020 Exemptions.
3.34.030 Telephone users tax.
3.34.040 Electricity users tax.
3.34.050 Gas users tax.
3.34.060 Service users receiving gas or
electricity directly.
3.34.070 Penalties.
3.34.080 Actions to collect.
3.34.090 Duty to collect-Procedures.
3.34.100 Additional power and duties of
Tax Administrator.
3.34.110 Assessment-Administrative
remedy.
3.34.120 Records.
3.34.130 Refunds.
3.34.140 Rules of construction.
3.34.150 Benefit to all persons.
3.34.160 Duration.
3.34.170 Disposition of proceeds.
3.34.180 General fund lease.
3.34.190 Power in addition.
3.34.200 Ordinance controlling.
3.34.210 Liberal construction.
3.34.220 Defect or omission-Validity of
proceedings or taxes.
3.34.230 Limitation of actions.
3.34.240 Severability.
3.34.005 Purpose.
The purpose of this chapter is to impose a utility
users excise tax as a revenue measure necessary to
pay the usual and current expenses of conducting
the municipal government of the City, the proceeds
of which shall be paid into the general fund of the
City. This chapter shall be known and may be cited
as the "Utility Users Excise Tax Ordinance." (Ord.
1534 (part), 1990)
3.34.010 Definitions.
Except where the context otherwise requires, the
definitions set forth in this section govern the con-
struction of this chapter.
"City" means the City of Cupertino.
"Facilities" means the municipal facilities gener-
ally including Blackberry Farm, other open space
land within the City and the public recreational
facilities consistent with the preservation and public
use of open space. Facilities shall be deemed avail-
able and susceptible of use within the meaning of
the term "availability and privilege of use," as used
in this chapter, when such facilities exist and aze
available for use during any portion of the fiscal
year next preceding the levy of the tax.
"Gas" includes natural gas and any other gas used
for light, heat and power.
"Month" means a calendaz month.
"Nonutility supplier" means a service supplier,
other than (a) a gas corporation or (b) an electrical
corporation serving within the City, which generates
electrical energy in capacities of at least one hun-
dred kilowatts monthly for sale to others.
"Persons" means any domestic or foreign corpo-
ration, firm, association, syndicate, joint stock com-
pany, partnership of any kind, joint venture, club,
Massachusetts business or common law trust, soci-
ety, or individual.
"Service supplier" means any entity required to
collect or self-impose and remit a tax as imposed by
this chapter.
"Service user" means a person required to pay a
tax imposed by this chapter.
"Tax" means the utility users excise tax proposed
to be imposed by this chapter, more particulazly
described in Sections 3.34.030, 3.34.040 and
3.34.050 of this chapter.
"Tax administrator" means the City Treasurer.
"Telephone corporation," "electrical corporation,"
and "gas corporation," have the same meanings as
defined in Sections 234, 218, 222 and 215.5, respec-
tively, of the California Public Utilities Code (as
such sections existed on June 1, 1989), except that
"electrical corporation" shall also be construed to
include any municipality or person engaged in the
(Cupertino 5-92) 100
3.34.010
selling or supplying of electrical power to a service
user. (Ord. 1534 (part), 1990)
3.34.020 Exemptions.
A. Public bodies, religious organizations and
other persons exempt under state or federal law shall
be exempt from the tax. Residential service users of
sixty-five years or older shall be exempt from tax
payments under this chapter upon application to the
Tax Administrator, in such manner and with such
proof or qualification as the Tax Administrator shall
determine.
B. The City Council may, by order or resolution,
establish one or more classes of persons or one or
more classes of utlity service otherwise subject to
payment of a tax imposed by this chapter, and pro-
vide that such classes of persons or service shall be
exempt, in whole or in part, from such tax.
C. The Tax Administrator shall prepare a list of
the persons exempt from the provisions of this chap-
ter by virtue of this section and furnish a copy
thereof to each service supplier. (Ord. 1534 (part),
1990)
3.34.030 Telephone users tax.
A. There is imposed a tax (herein called the
"telephone users tax") on the amounts paid for any
intrastate telephone services by every person in the
City other than a telephone corporation, using such
services. The tax imposed by this section shall be
at the rate of two and forty hundredths percent
(2.40%) of the charges made for such services and
shall be paid by the person paying for such services.
B. As used in this section, the term "charges"
shall not include charges for services paid for by
inserting coins in coin-operated telephones except
where such coin-operated service is furnished for a
guaranteed amount, in which event the amounts paid
under such guarantee plus any fixed monthly or
other periodic charge shall be included in the base
for computing the amount of tax due; nor shall the
term "charges" include charges for any type of
service or equipment furnished by a service supplied
subject to public utility regulations during any peri-
od in which the same or similar services or equip-
ment are also available for sale or lease from per-
sons other than a service supplier subject to public
utility regulation; nor shall the words "telephone
communication services" include land mobile servic-
es or maritime mobile services as defined in Section
2.1 of Title 47 of the Code of Federal Regulations
as such section existed on January 1, 1970. The
term "telephone communication services" refers to
that service which provides access to a telephone
system and the privilege of telephone quality
communication with substantially all persons having
telephone stations which are part of such telephone
system. The telephone users tax is .intended to, and
does, apply to all charges billed to a telephone
account having a situs in the City, irrespective of
whether a particular communication service origi-
nates and/or terminates within the City.
C. The telephone users tax shall be collected
from the service user by the person providing the
intrastate telephone communication services, or the
person receiving payment for such services. The
amount of tax collected in one month shall be remit-
ted to the Tax Administrator on or before the last
day of the following month; or, at the option of the
person required to collect and remit the tax, an
estimated amount of tax collected, measured by the
tax bill in the previous month, shall be remitted to
the Tax Administrator on or before the last day of
each month.
D. Notwithstanding the provisions of subsection
A of this section, the telephone users tax shall not
be imposed upon any person for using intrastate
telephone communication services to the extent that
the amounts paid for such services are exempt from
or not subject to the tax imposed under Part 20
(commencing with Section 41001) of Division 2 of
the California Revenue and Taxation Code, or the
tax imposed under Section 4251 of the Internal Rev-
enue Code. (Ord. 1534 (part), 1990)
3.34.040 Electricity users taut.
A. 1. There is imposed a tax (herein called the
"electricity users tax") upon every person in the City
other than an electrical corporation using electrical
energy in the City. The tax imposed by this section
1''JO-1 (Cupertino 5-92)
3.34.040
shall be at the rate of two and forty hundredths per-
cent (2.40°l0) of the charges made for such energy
by an electrical corporation franchised to service the
City and shall be billed to and paid by the person
using the energy. If the charges made for such ener-
gy bythe franchised electrical corporation are nego-
tiated either (1) on the basis that the service user has
provided its own transmission voltage reduction
facilities or (2) as individualized negotiated co-gen-
erationavoidance transmission voltage rates, and the
resulting negotiated rates are not available to the
City, such negotiated rates shall be made available
to the City by the service user.
B. The tax applicable to electrical energy provid-
ed by a nonutility supplier shall be based on the
above tax rate and the charges made for such elec-
trical energy if there is anarms-length transaction
for the sale of the electrical energy between the non-
utility supplier and the service user. If there is not
an arms-length sale from a nonutility supplier, the
tax shall be determined by applying the tax rate to
the equivalent charges the service user would have
incurred if the energy used had been provided by
the electrical corporation franchised by the City.
Rate schedules for this purpose shall be available
from the City. Nonutility suppliers shall install,
maintain and use an appropriate utility-type meter-
ing system which will enable compliance with this
section.
C. If the electrical energy is generated by the
service user for its own use, the service user shall
provide the City with the actual monthly cost of
generating the electrical energy so used and the
electricity users tax shall be based on the above tax
rate applied to such actual cost. Cost figures sup-
plied by the service user shall be subject to periodic
audit by the City and appropriate adjustment pursu-
ant thereto.
D. "Charges," as used in this section, shall in-
clude charges made for: (1) metered energy and (2)
minimum charges for service, including customer
charges, service charges, demand charges and all
other annual and monthly charges (other than stand-
by charges), fuel or other cost adjustments, autho-
rized by the California Public Utilities Commission
or the Federal Energy Regulatory Commission.
E. As used in this section, the term "using
electrical energy" shall not be construed to mean the
storage of such energy by a person in a battery
owned or possessed by such person for use in an
automobile or other machinery device apart from the
premises upon which the energy was received, pro-
vided, however, that the term shall include the re-
ceiving of such energy for the purpose of using it
in the charging of batteries; nor shall the term in-
clude electricity used and consumed by an electric
utility supplier in the conduct of its business; nor
shall the term include the mere receiving of such
energy by an electric public utility or governmental
agency at a point within the City for resale; nor
shall the term include the use of such energy in the
production or distribution of water by a public utili-
ty or a governmental agency.
F. The electricity users tax shall be collected
from the service user by the service supplier or
nonutility supplier. The electricity users tax on use
supplied byself-generation or co-generation or from
a nonutility supplier not subject to the jurisdiction
of this chapter, shall be collected and remitted to the
Tax Administrator in the manner set forth in Section
3.34.060. The amount of tax collected by a service
supplier or a nonutility supplier in one month shall
be remitted by United States mail to the Tax Ad-
ministrator, postmarked on or before the last day of
the following month; or, at the option of the person
required to collect and remit the tax, an estimated
amount of tax measured by the tax billed in the
previous month shall be remitted by United States
mail, to the Tax Administrator, postmarked on or
before the last day of each month. The amount of
the tax remitted may be estimated by a formula
based upon the payment pattern of the supplier's
customers.
G. Notwithstanding the provisions of Section
3.34.090(A), if the amount paid by a service user is
less than the full amount of the energy charge and
tax which has accrued for the billing period, such
amount and any subsequent payments by a service
user shall be applied to the energy charge first until
(Cupcrtino 5-921 100-2
3.34.040
such charge has been fully satisfied. Any remaining
balance shall be applied to taxes due. (Ord. 1534
(part), 1990)
3.34.050 Gas users tax.
A. There is imposed a tax (herein called the "gas
users tax") upon every person in the City other than
a gas corporation or electrical corporation, using, in
the City, gas which is delivered through mains or
pipes or by motor vehicle or by rail. The gas users
tax shall be at the rate of two and forty hundredths
percent (2.40%) of the charges made for the gas and
shall be billed to and paid by the person using the
gas. If the charges made for such gas by the fran-
chised gas corporation are negotiated and the result-
ing negotiated rates are not available to the City,
such negotiated rates shall be made available to the
City by the service user.
B. The tax applicable to gas or gas transportation
provided by nonutility suppliers shall be based on
the charges made for such gas or gas transportation
if that is derived from anarms-length transaction
between a nonutility supplier and the service user.
If there is not anarms-length sale, the tax shall be
determined by applying the tax rate to the equiva-
lent charges the service user would have incurred if
the gas or gas transportation had been provided by
the gas corporation franchised by the City. Rate
schedules for this purpose shall be available from
the City.
C. "Charges" as used in this section shall in-
clude: (1) those billed for gas which is delivered
through mains or pipes or by motor vehicle or by
rail; (2) gas transportation charges, and (3) demand
charges, service charges, customer charges,
minimum charges, annual and monthly charges, and
any other charges (other than standby charges) au-
thorized by the California Public Utilities Commis-
sion or the Federal Energy Regulatory Commission.
D. The gas users tax is not applicable to: (1)
charges made for gas which is to be resold and
delivered through mains and pipes or by motor
vehicle or by rail; (2) charges made for gas sold by
a public utility, nonutility supplier or governmental
agency for use in the generation of electrical energy
or for the production or distribution of water; (3)
charges made by a gas public utility or gas used and
consumed in the course of its public utility business;
and (4) charges made for gas used in the propulsion
of a motor vehicle, as authorized in the Vehicle
Code of the State of California;
E. The gas users tax shall be collected from the
service user by the person selling or transporting the
gas. In the case of purchase of gas from a nonutility
supplier, or a gas corporation not franchised by the
City, the service user will be responsible for remit-
ting the applicable gas users tax directly to the Tax
Administrator. A person selling only transportation
services to a user for delivery of gas through mains
or pipes or by motor vehicle or by rail shall collect
the tax from the service user based on the
transportation charges. Except as provided above,
the person selling or transporting the gas shall, on
or before the twentieth of each calendar month,
commencing on the twentieth day of the calendar
month after the effective day of the ordinance codi-
fied in this chapter, make a return to the Tax Ad-
ministratorstating the amount of taxes billed during
the preceding calendar month. At the time such
returns are filed, the person selling or transporting
the gas shall remit tax payments to the Tax Admin-
istrator in accordance with schedules established or
approved by the Tax Administrator. (Ord. 1534
(part), 1990)
3.34.060 Service users receiving gas or
electricity directly.
A. Notwithstanding any other provision of this
chapter, a service user receiving gas or electric
energy directly from a nonutility supplier not under
the jurisdiction of this chapter, or using electricity
generated by the service user for its own use, or
otherwise not having the full tax due on the use of
gas or electric energy in the City directly billed and
collected by the service supplier, shall repoR such
fact to the Tax Administrator within thirty days of
such use and shall directly remit to the City the
amount of tax due.
B. The Tax Administrator may require from such
service user the filed tax returns or other satisfactory
11)D-3 cc~P«~~oo s-9z~
3.34.060
evidence documenting the sale price and quantity of
gas or electric energy used. (Ord. 1534 (part), 1990)
3.34.070 Penalties.
A. Taxes collected from a service user which are
not remitted to the Tax Administrator on or before
the due dates provided in this chapter are delin-
quent. Should the due date occur on a weekend or
legal holiday, the return may be postmarked on the
first regulaz working day following a Satur-
day/Sunday, or legal holiday.
B. Penalties for delinquency in remittance of any
tax collected or any deficiency determination deter-
mined by the Tax Administrator, shall attach and be
paid by the person required to collect and remit at
the rate of fifteen percent of the total tax collected
or imposed herein.
C. The Tax Administrator shall have the power
to impose additional penalties upon any person
required to collect and remit taxes under the provi-
sions of this chapter for fraud in reporting or remit-
ting at the annual rate of fifteen percent of the
amount of the tax collected or as recomputed by the
Tax Administrator.
D. Every penalty imposed under the provisions
of this chapter shall become a part of the tax re-
quired to be remitted. (Ord. 1534 (part), 1990)
3.34.080 Actions to collect.
Any tax required to be paid by a service user
under the provisions of this chapter shall be deemed
a debt owed by a service user to the City. Any such
tax collected from a service user which has willfully
been withheld from the Tax Administrator shall be
deemed a debt owed to the City by the person re-
quired to collect and remit. Any person owing mon-
ey to the city under the provisions of this chapter
shall be liable to an action brought in the name of
the City for the recovery of such amount. (Ord.
1534 (part), 1990)
3.34.090 Duty to collect-Procedures.
The duty to collect and remit the taxes imposed
by this chapter shall be performed as follows:
A. Notwithstanding any other provision of this
chapter, the tax shall be collected insofar as practi-
cable at the same time as and along with the charges
made in accordance with the regulaz billing practices
of the service supplier. Where the amount paid by
a service user to a service supplier is less than the
full amount of the utility charge and tax which has
accrued for the billing period, such amount and any
subsequent payments by a service user shall be
applied to the utility chazge fast until such charge
has been fully satisfied. Any remaining balance shall
be applied to taxes due. In those cases where a
service user has notified the service supplier of this
refusal to pay the tax imposed on the utility chazges,
Section 3.34.100(C) will apply.
B. The duty to collect the tax from a service user
shall commence with the beginning of the fast full
regulaz billing period applicable to the service user
where all charges normally included in such regulaz
billing are subject to the provisions of this chapter.
Where a person receives more than one billing, one
or more being for different period than another, the
duty to collect shall arise sepazately for each billing.
(Ord. 1534 (part), 1990)
3.34.100 Additional power and duties of
' Tax Administrator.
A. The Tax Administrator has the power and
duty, and is directed to enforce each and all of the
provisions of this chapter.
B. The Tax Administrator has the power to adopt
rules and regulations not inconsistent with provi-
sions of this chapter for the purpose of carrying out
and enforcing the payment, collection and remit-
tance of the taxes herein imposed
A copy of such rules and regulations aze on file
in the Tax Administrator's office.
C. The Tax Administrator may make administra-
tive agreements to vazy the strict requirements of
this chapter so that the collection of any tax im-
posed by this chapter may be made in conformance
with the billing procedures of a particulaz service
supplier so long as the agreements result in collec-
tion of the tax in conformance with the general
purpose and scope of this chapter. A copy of each
(Cupertino SA2) 100-4
3.34.100
such agreement shall be on file in the Tax
Administrator's office.
D. The Tax Administrator shall determine the
eligibility of any person who asserts a right to ex-
emption from the tax imposed by this chapter. The
Tax Administrator shall provide the service supplier
with the name of any person who the Tax Adminis-
tratordetermines is exempt from the tax imposed by
this chapter, together with the address and account
number to which service is supplied to any such
exempt person. The Tax Administrator shall notify
the service supplier of termination of any person's
right to exemption hereunder, or the change of any
address to which service is supplied to any exempt
person. (Ord. 1534 (part), 1990)
3.34.110 Assessment-Administrative
remedy.
A. The Tax Administrator may make an assess-
ment for taxes not remitted by a person required to
remit.
B. Whenever the Tax Administrator determines
that a service user has deliberately withheld the
amount of the tax owed by him from the amounts
remitted to a person required to collect the tax, or
that a service user has refused to pay the amount of
tax to such person, or whenever the Tax Administra-
tor deems it in the best interest of the City, such
person may be relieved of the obligation to collect
taxes due under this chapter from certain named
service users for specified billing periods.
C. The service supplier shall provide the City
with amounts refunded to be paid and/or unpaid
along with the name and addresses of the service
users neglecting to pay the tax imposed under provi-
sions of this chapter. Whenever the service user has
failed to pay the amount of tax for a period of two
or more billing periods, the service supplier shall be
relieved of the obligation to collect taxes due.
D. The Tax Administrator shall notify the service
user that the Tax Administrator has assumed respon-
sibility to collect the tax due for the stated periods
and demand payment of such taxes. The notice shall
be served on the service user by handing it to such
user personally or by deposit of the notice in the
United States mail, postage prepared thereon, ad-
dressed to the service user at the address to which
billing was made by the person required to collect
the tax; or, should the service user's address change,
to the last known address. If a service user fails to
remit the tax to the Tax Administrator within fifteen
days from the date of the receipt of the notice upon
him, which shall be the date of mailing if service is
not accomplished in person, a penalty of twenty-five
percent of the amount of the tax set forth in the
notice shall be imposed. The penalty shall become
part of the tax herein required to be paid. (Ord.
1534 (part), 1990)
3.34.120 Records.
It is the duty of every person required to pay or
collect and remit to the City any tax imposed by
this chapter to keep and preserve, for a period of
three years, all records as may be necessary to deter-
mine the amount of such tax for which such person
may have been liable for the remittance to the Tax
Administrator, which records the Tax Administrator
shall have the right to inspect at all reasonable
times. (Ord. 1534 (part), 1990)
3.34.130 Refunds.
A. Whenever the amount of any tax has been
overpaid or paid more than once or has been errone-
ously or illegally collected or received by the Tax
Administrator under this chapter, it may be refunded
as provided in this section.
B. Notwithstanding the provisions of subsection
A of this section, a service supplier may claim a
refund, or take as credit against taxes remitted the
amount overpaid, paid more than once, or errone-
ously or illegally collected or received when it is
established that the service user from whom the tax
has been collected did not owe the tax; provided,
however, that neither a refund nor a credit shall be
allowed unless the amount of the tax so collected
has either been refunded to the service user or cred-
ited to charges subsequently payable by the service
user to the person required to collect and remit. A
service supplier that has collected any amount of tax
in excess of the amount of tax imposed by this
1C-0-5 cc~PM~aa s-~z~
3.34.130
chapter and actually due from a service user, may
refund such amount to the service user and claim
credit for such overpayment against the amount of
tax which is due upon any other monthly returns
provided such credit is claimed in a return dated no
later than three years from the date of overpayment.
C. No refund shall be paid under the provisions
of this section unless the claimant has established
the claimant's right thereto by written records show-
ing entitlement thereto.
D. Notwithstanding other provisions of this sec-
tion, whenever a service supplier, pursuant to an
order of the California Public Utilities Commission
or a court of competent jurisdiction, makes a refund
to service users of charges for past utility services,
the taxes paid pursuant to this chapter on the
amount of such refunded charges shall also be re-
funded to service users, and the service supplier
shall be entitled to claim a credit for such refunded
taxes against the amount of tax which is due upon
the next monthly returns. In the event this chapter
is repealed, the amount of any refundable taxes will
be paid by the city.
E. A service supplier may refund the taxes col-
lected to the service user in accordance with this
section or by the service supplier's customary prac-
tice.
F. A credit or a refund of tax due shall be grant-
ed to any service user from whom the tax is collect-
ed to cover the administrative and clerical expense
of establishing and auditing the cost of generating
electric energy for its own use pursuant to Section
3.34.040(C). Any such administrative and clerical
expense is also subject to audit and appropriate
adjustment pursuant thereto. (Ord. 1534 (part),
1990)
3.34.140 Rules of construction.
Words of the masculine gender shall be deemed
and construed to include correlative words of the
feminine and neuter genders. Unless the context
shall otherwise indicate, words importing the singu-
lar number shall include the plural number and vice
versa. (Ord. 1534 (part), 1990)
3.34.150 Benefit to all persons.
The City Council has found and determined and
declares that all persons using utility services in the
City enjoy the privilege of using, and benefit from
the providing by the City, of municipal services and
facilities. (Ord. 1534 (part), 1990)
3.34.160 Duration.
The tax shall be levied for a maximum of twenty-
five years from the date of its first imposition. (Ord.
1534 (part), 1990)
3.34.170 Disposition of proceeds.
This chapter is declared to be a revenue measure
for general government purposes; the proceeds of
the tax shall be paid into the general fund. (Ord.
1534 (part), 1990)
3.34.180 General fund lease.
The council further proposes to enter into a lease
obligation with a qualified lessor (the "lessor")
whereby the City would become obligated to pay
rental payments to the lessor from the general fund
of the City over a period of not to exceed twenty-
five years; the lessor would assign its rights to re-
ceive rental payments to a trustee; and the City and
the lessor would authorize the trustee to sell certifi-
cates of participation in the rental payments payable
by the City, the proceeds of which would be used
to finance the acquisition, construction, improve-
ment and equipping of the facilities. (Ord. 1534
(part), 1990)
3.34.190 Power in addition.
The powers conferred by this chapter are in addi-
tion to, and the limitations imposed by this chapter
do not affect, the powers conferred by any other law
or ordinance. (Ord. 1534 (part), 1990)
3.34.200 Ordinance controlling.
If the ordinance codified in this chapter is incon-
sistent with any other law, the ordinance codified in
this chapter is controlling. (Ord. 1534 (part), 1990)
(Cupertino 5-921 100-6
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 5-92)
11.10.014
11.10.014 Responsibility of parents and
guardians.
No parent, guardian or other adult person having
control, custody or care of any minor under the age
of eighteen years shall permit, allow or let such
minor to violate any provision of this chapter. (Ord.
1322 (part), 1985)
11.10.015 Appeal.
Any person whose application for a permit is
denied may appeal such decision to the City Council
by filing a written notice of appeal within ten days
after notification by the Chief of Police that such
permit has been denied The City Council shall
thereupon conduct a hearing on said appeal within
thirty days from the date of filing such notice of
appeal with the City Clerk. The decision of the City
Council shall be final and conclusive upon all per-
sons concerned. (Ord. 1322 (part), 1985)
11.10.016 Penalty.
For any violation of any provision of this chapter,
the fine imposed shall be no less than the sum of
fifty dollars for the fast offense and one hundred
dollars for the second offense. (Ord. 1322 (part),
1985)
301
(Cupertino 5-92)
11.12.010
Chapter 11.12
SPEED LIMITS
Sections:
11.12.010 Purpose.
11.12.020 Definition.
11.12.030 Establishment of prima facie
speed limits.
11.12.040 Speed limit signs.
11.12.010 Purpose.
It is the express purpose of the ordinance codified
in this chapter to consolidate in one ordinance all
speed limits established pursuant to authority con-
tained in the California Vehicle Code Sections
22357 and 22358, upon streets or highways present-
ly or hereafter within the City limits, and to provide
a means for incorporating therein all the speed limits
that may hereafter be so established. (Ord. 490 § 1,
1971)
11.12.020 Definition.
Pursuant to authority contained in the California
Vehicle Code, it is determined upon the basis of an
engineering and traffic survey that a speed greater
or lesser than that permitted by state law as applica-
ble upon the following streets would facilitate the
orderly movement of vehicular traffic and would be
reasonable and safe under the conditions found to
exist upon such streets, and it is declared that the
prima facie speed limit shall be as hereinafter set
forth on those streets or parts of streets herein desig-
nated when signs are erected giving notice thereof.
(Ord. 490 § 2, 1971)
11.12.030 Establishment of prima facie
speed limits.
The prima facie speed limits on certain streets or
highways, situated within the City of Cupertino,
State of California shall be as set forth in Table
11.12.030. (Ord. 1584, 1992; Ord. 1579, 1992; Ord.
1566, 1991; Ord. 1556, 1991: Ord. 1548, 1991: Ord.
1542, 1990; Ord. 1507, 1989; Ord. 1243, 1983; Ord.
1067 § 1, 1980: Ord. 1023 § 1, 1980: Ord. 955 § 1,
1979; Ord 945 § 1, 1979; Ord. 939 § 1, 1979: Ord.
915 (part), 1979: Ord. 490 § 4, 1971)
11.12.040 Speed limit signs.
The City Manager is instructed to have a standard
type of speed limit sign installed at each applicable
intersection of the street or highway enumerated in
Section 11.12.030. (Ord. 915 (part), 1979: Ord 490
§ 5, 1971)
(Cupertino 5-92) 302
TABLF; 11.12.030
DECLARED
PRIMA FACIE
NAME OF STREET OR POP:TION SPEED LIMIT
AFFECTED (Miles per Hour)
Bandley Drive situated between Alves Drive an~.i Valley Green Drive 30
Blaney Avenue presently or hereafter within the City
of Cupertino, and situated between Bollinger Road and
Beekman Place 30
Blaney Avenue situated between Beekman Place: and Homestead Road 35
Bollinger Road presently or hereafter within the City of Cupertino,
and situated between De Anza Boulevard and thE: easterly City limits 35
Bollinger Road west of De Anza Boulevard 30
Bubb Road presently or hereafter within the City of Cupertino, and
situated between Rainbow Drive and McClellan Road 30
Bubb Road situated between McClellan Road a~td Stevens Creek
Boulevard 35
Cristo Rey Drive within the City limits and between Foothill
Boulevard and the West City limits 30
De Anza Boulevard situated between Bollinger Road and a point 700
feet north of Homestead Road 40
Finch Avenue -Stevens Creek Boulevard to Vallco Parkway 35
Foothill Boulevard presently or hereafter within the City of Cupertino,
and situated between McClellan Road and Steve~LS Creek Boulevard 30
Foothill Boulevard presently or hereafter within the City of Cupertino,
and situated between Stevens Creek Boulevazd and Junipero Serra
Freeway 40
Homestead Road presently or hereafter within dte City of Cupertino,
and situated between Foothill Boulevazd and a point 850 feet, more or 35
less, east of Tantau Avenue
Mary Avenue situated between Stevens Creek Boulevard and Meteor
Drive 35
McClellan Road presently or hereafter within the City of Cupertino,
and situated between De Anza Boulevazd and Bubb Road 30
McClellan Road situated between Mira Vista A~~enue and a point 900
feet southerly and easterly thereof 25
..03 (Cupertino 5-92)
Miller Avenue situated between Stevens Creek Boulevard and
Bollinger Road 35
Prospect Road situated between Saratoga-Sunnyvale Road and Stelling
Road 30
Pruneridge Avenue situated between Wolfe Road and a point 350
feet, more or less, east of Tantau Avenue 35
Rainbow Drive situated between Saratoga-Sunnyvale Road and
Stelling Road 35
Rodrigues Avenue from Blaney Avenue to De Anza Boulevard 30
Saratoga-Sunnyvale Road presently or hereafter within the City
limits of Cupertino, between Prospect Road and Bollinger Road 40
Stelling Road presently or hereafter within the City of Cupertino, and
situated between Homestead Road and Alves Drive 30
Stelling Road presently or hereafter within the City of Cupertino, and
situated between Alves Drive and Prospect Road 35
Stevens Canyon Road presently or hereafter within the City of
Cupertino, situated between the southerly City limits and McClellan
Road 30
Stevens Creek Boulevard presently or hereafter within the City of
Cupertino and situated between the westerly City limits and the
easterly City limts 35
Tantau Avenue situated between Stevens Creek Boulevard and
Homestead Road 35
Vallco Parkway situated between Wolfe Road and Tantau Avenue 35
Wolfe Road situated between Stevens Creek Boulevard and Homestead
Road 35
~c~p~R~oo s-9z~ 304
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 park
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall park a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or park any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 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)
;~ 13 (Cupertino 5-92)
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~pM~oo s-9z~ 314
TABLE 11.24.150 (Continued)
Sides of
Street Street
Mann Drive East/Wesd
North/South
Mariam Avenue Both
Maziani Avenue North
Mariam Avenue South
Mary Avenue
Mary Avenue
McClellan Road
East and North
West
North
McClellan Road South
Miller Avenue East
Miller Avenue East
Miller Avenue West
Miller Avenue West
Mount Crest Both
Drive
Mount Crest Both
Place
North Portal East
Avenue
Portion
Between Stevens Creek Boulevard and (Old) Mann
Drive:
Between De Anza Boulevard and the easterly terminus
there~~f
Between De Anza Boulevazd and a point 350 feet west-
erty thereof
Between De Anza Boulevard and a point 150 feet west-
erly thereof
Between Stevens Creek Boulevazd and Homestead Road
Between Stevens Creek Boulevard and a point 500 feet
northerly thereof
Between Mira Vista Road and a point 750 feet east of
Stelling Road, all portions currently or hereafter within
the City limits
Between Mira Vista Road and a point 350 feet east of
Stelling Road
Between Bollinger Road and a point 300 feet northerly
thereof
Between Atherwood Avenue and Phil Lane
Between Stevens Creek Boulevazd and Richwood Drive
From Bollinger Road and a point 200 feet north
Between Mount Crest Place and southerly terminus
thereof
Between Mount Crest Drive and the southerly terminus
thereof
Between Stevens Creek Boulevard and a point 120 feet
northerly
'.317 cc~P~~oo s-~z~
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Orion Lane South Between Stelling Road and Hunterson Place
Pacifica Drive North Between a point 30 feet east of De Anza Boulevard and
a point 150 feet east of De Anza Boulevard
Palm Avenue Both Between Foothill Boulevard and Palo Vista Avenue, all
portions currently or hereafter within the City limits
Peninsula West Between Stevens Creek Boulevazd and University Way,
Avenue all portions currently or hereafter within the City limits
Portal Avenue West Between Amherst Avenue and a point 250 feet south
thereof
Price North Between Blaney Avenue and a point 250 feet east there-
of
Prospect Road North Between Stelling Road and a point 110 feet east thereof
Pruneridge Both Between Wolfe Road and a point 350 feet east of
Avenue Tantau Avenue
Rainbow Drive Both Between a point 500 feet west of Bubb Road and south-
westerly terminus thereof
Rodrigues Both Between a point 300 feet west of De Anza Boulevard
Avenue and a point 800 feet west of Blaney Avenue
San Juan Road North Between Cordova Road and Stevens Canyon Road
Santa Claza West Between University Way and Grand Avenue
Avenue
Santa Clara West Between Grand Avenue and Alhambra Avenue
Avenue
Saratoga- West Between Prospect Road and a point 100 feet north of
Sunnyvale Wildflower
(Cupertino 5-92) 318
TABLE 11.24.150 (Continued)
Sides of
Street Street
Stevens Creek
Boulevard
Stevens Creek
Boulevard
Both
North
Stevens Creek
Boulevard
Stevens Creek
Boulevard
Stevens Creek
Boulevard
Stevens Creek
Boulevard
Tantau Avenue
Torre Avenue
Tula Lane
Villa De Anza
Avenue
Villa De Anna
Avenue
Vista Drive
Westlynn Way
Wolfe Road
South
South
Portion
Between Bubb Road and Stelling Road, all portions
currently or hereafter within the City limits
Between Foothill Boulevard and Bubb Road
Between Imperial Avenue and Bubb Road
Between Saich Way and a point 100 feet west thereof
South Between a point 500 feet east of Janice and Orange
Avenue
South Between De Anna Boulevard and a point 300 feet west
of B;indley
Both Between Stevens Creek Boulevard and Homestead Road
Both Between Stevens Creek Boulevard and Rodriguez Ave-
nue
West Between a point 40 feet south of Sola Street and a point
180 1-eet north of Sola Street
East Between Blaney Avenue and Lucille Avenue
South Between Blaney Avenue and a point 150 feet west
there~~f
West Between Apple Tree Lane and a point 200 feet souther-
ly the:reof
West Between Dumas Drive and Heatherwood Drive
Both Between Stevens Creek Boulevard and Homestead Road
319 cc~P~~oo s-~z~
Table 11.24.160
Street Hours
Beazdon Drive 8 a.m. to 2 p.m.
within City
limits
Beazdon Drive 8 am. to 2 p.m.
within City
limits
Blaney Avenue 7 am. to 8 p.m.
Sides of Street
West
East
West
Portion Exceptions
Al- Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday,
Wednesday, Friday, Satur-
day, Sunday and Holidays
Betwcen Villa De Anza None
and a point 450 feet north
of Stevens Creek Boule-
vard
Blaney Avenue 7 am. to 8 p.m. West Betwcen Rodrigues Ave- None
nue and a point 150 feet
North of La Mar Drive
Blaney Avenue 7 am. to 8 p.m. East Betwcen a point 350 feet None
North of La Mar Drive
and Pacifica Drive
Blaney Avenue 7 am. to 8 p.m. East From a point 155 feet None
northerly of Bollinger
Road and a point 120 feet
Wort![ of Lindenbrook Lane
Blaney Avenue 7 am. to 8 p.m. West Betwcen John Drive and a None
point 550 feet North of
Bollinger Road
Bollinger Road 7 am. to 5:30 p.m. North Betwcen Blaney Avenue Saturday and Sunday
and a point 900 feet east
of Tantau Avenue, all por-
tions currently or hereaher
within the City limits
Bubb Road 7:30 am. to 5:30 Both Between McClellan Road Saturday and Sunday
p,m_ and Rainbow Drive all
portions currently or here-
after within City limits
Canyon View 6 p.m. to 6 am.
Circle
Both
From Lindy Lane to end Vone
(Cupertino 5-921 32~
Table 11.24.160 (Continued)
Street Hours Sides o[ Street Portion Exceptions
Finch Avenue 8 a.m. to 5 p.m. East Between Craft Drive and a Holidays and Sundays
point 300 feet South of
Sorenson Avenue
Greenwood 8 a.m. to 2 p.m. Both All Monday, Wednesday, "Ihurs-
Court day, Friday, Sazurday, Sun-
day and Holidays
3:?Oa ~c~PM~oo s-9z~
11.29.010
Chapter 11.29
ON-SITE PARKING
Sections:
11.29.010 Purpose.
11.29.020 Application.
11.29.030 Definitions.
11.29.040 Regulations.
11.29.050 Penalties.
11.29:060 Severability clause.
11.29.010 Purpose.
The purpose of this chapter is to regulate the
parking of vehicles which aze unsightly or over-
sized, or which are detrimental to the property val-
ues or the peace and enjoyment of neighboring
property owners or residents. (Ord. 1345 § 2, 1986)
11.29.020 Application.
No vehicle may be pazked, stored or kept on any
parcel of land within the city otherwise than in
conformance with this chapter. (Ord. 1345 § 3,
1986)
11.29.030 Definitions.
As used in this chapter, the following terms shall
have the meanings set forth in this section:
A. "Commercial vehicle" means any vehicle or
part thereof required to be registered under the State
of California Vehicle Code, which is used or main-
tained for the transportation of persons for hire,
compensation or profit, or designed, used or main-
tained primarily for the transportation of property,
except passenger vehicles.
B. "Mobile home" means a vehicle, other than
a motor vehicle, designed or used as semipermanent
housing for human habitation, for carrying persons
and property on its own swcture and for being
drawn by a motor vehicle, including a trailer coach.
C. "Mobile home park" means any area or tract
of land where lots aze sold, rented or held out for
rent to one or more owners or users of mobile
homes, excluding travel trailers, for the purpose of
permanent or semipermanent housing.
D. To "park" means to stand or leave standing
any vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually
engaged in the loading or unloading of passengers
or materials.
E. "Public streets" means all streets, highways,
lanes, places, avenues and portions thereof, includ-
ing extensions in length and width, which have been
dedicated by the owners thereof to public use, ac-
quired for public use, or in which a public easement
exists.
F. "Vehicles" means any boat, bus, trailer, motor
home, van, camper (whether or not attached to a
pickup or other vehicle), camp trailer, mobile home,
motorcycle, automobile, truck, pickup, airplane, haul
trailer, truck tractor, truck trailer or utility trailer, or
parts thereof, or any device by which any person or
property may be propelled, moved or drawn upon
a public street, excepting a device moved exclusive-
ly by human power. (Ord. 1585 § 1 (part), 1992:
Ord. 1345 § 4, 1986)
11.29.040 Regulations.
A. Vehicles Permitted im Residential Zones.
1. Front or Street Side Setback Area. Vehicles
aze permitted to be placed, kept or pazked in a front
or street side yard setback area or within twelve feet
of a public right-of--way in a rear yard area, subject
to the following restrictions:.
a. A maximum of four vehicles is permitted on
a lot in a R1, RHS, or Al-43 single-family detached
residential zone; a greater number of vehicles may
be permitted if they are completely enclosed within
legal structures, except four vehicles may be parked
outside a legal structure. In all other residential
zones, the number of vehicles allowed is approved
by the City in conjunction with a development plan.
For purposes of counting vehicles, a camper mount-
ed on a pickup truck is considered one vehicle, and
other similarly vertically stacked components which
belong together shall be counted as a single vehicle.
Horizontal groupings shall be counted as two vehi-
cles.
b. Any open vehicle containing trash or debris is
not permitted.
334-1 Cupertino 5-921
11.29.040
c. Any commercial vehicle with a manufacturer's
gross vehicle weight rating of ten thousand pounds
or more, or a total combination of motor truck,
truck tractor and/or trailers that exceeds sixty feet
in length is not permitted.
d. No portion of any vehicle may overhang any
public right-of-way.
e. All vehicles must be pazked on an impervious
surface consisting of concrete, asphalt or other like
materials. Such impervious surfaces may not exceed
fifty percent of the front setback area, unless a
greater azea is approved by the City in conjunction
with a development plan.
f. All vehicles must be currently registered,
where registration is required for legal operation,
and in good operating condition.
2. Area Outside of Front of Street Side Setback
Area. Vehicles aze permitted to be placed, kept or
parked in any yazd area, excluding those yard areas
regulated by paragraph (1) of subsection (A) of this
section, provided athree-foot minimum cleazance is
maintained to any structures.
3. Parking Within Structures. Vehicles are per-
mitted to be placed kept or pazked in any legal
structure, provided that no more than one required
enclosed pazking space is occupied by a vehicle not
capable of being propelled under its own power.
4. Non Self-Propelled Vehicles. A maximum of
two vehicles not capable of being propelled under
their own power is permitted to be placed, kept or
pazked outside a legal structure.
5. Living or Sleeping Quarters. No vehicle shall
be used for living or sleeping quarters, except as
permitted below:
a. Vehicles located in a mobile home park and
used consistent with any City regulations applicable
to mobile home parks;
b. Trailers, campers or recreational vehicles may
be used by a bona fide guest of a City resident for
a period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
such resident's property.
6. Mobile Homes. Mobile homes, excluding
travel trailers, are not permitted within the residen-
tial zones of the City, except in a mobile home park
or as provided by State law.
7. Construction Trailers. Trailers used for tempo-
rary offices or storage on construction projects may
be allowed only on the prior issuance of a permit by
the City Building Department based upon the receipt
of satisfactory information that the use is in compli-
ance with the conditions of this chapter.
B. Vehicles Permitted in Nonresidential Zones.
1. Parking Must be Consistent with Allowed
Uses in Zone. It shall be unlawful for any person to
place, keep or maintain or permit to be placed, kept
or maintained any vehicle upon any lot, piece or
pazcel of land within the nonresidential zones of the
City, except for storage, sale or business use as
permitted in such zones.
2. Construction Trailers. Trailers used for tempo-
rary offices on construction projects maybe allowed
only on the prior issuance of a permit by the City
Building Department based upon the receipt of
satisfactory information that the use is in compliance
with the conditions of this chapter.
C. Loading and Unloading and Utility Vehicles.
The provisions of this chapter shall not apply to
active loading or unloading of any vehicle, or to any
public service or utility company vehicle while in
the performance of service or maintenance work.
D. Pazking on Vacant Lots. No vehicle may be
pazked, kept or stored upon any vacant or unim-
proved pazcel within the City. (Ord. 1585 § 1 (part),
1992: Ord. 1345 § 5, 1986)
11.29.050 Penalties.
Any person, firm or corporation violating any
provision of this chapter shall be deemed guilty of
an infraction and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 1585
§ 1 (part), 1992: Ord. 1345 § 6, 1986)
11.29.060 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 City Council hereby declares that it would have
~c~p~n~oo s-9z~ 334-2
11.29.060
passed the ordinance codified in this chapter, and
each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases
be declared unconstitutional. (Ord. 1585 § 1 (part),
1992: Ord. 1345 § 7, 1986)
334-3 ICupcnino 5-92)
15.32.010
Chapter 15.32
WATER CONSERVATION
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 around
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 fifth
yeaz of below average rainfall, and there aze insuffi-
cientlocal and imported water resources to meet the
current and anticipated demand; and
D. The Santa Claza Valley Water District and the
Cupertino Water Utility anticipate a need for an
area-wide effort to reduce water consumption. (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
Jose Water Company. (Ord. 1580 (part), 1992: Ord.
15.32.030 Prohibitions on water use.
The following water uses shall be prohibited
throughout the City until such time as a declaration
is officially made by the Santa Clara Valley Water
District that a drought condition no longer exists
within Santa Claza 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, parking lots, or other
paved or hazd 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 to operate decora-
tive fountains.
E. No person shall use water for construction
purposes (reclaimed/recycled is available for this
use).
F. No person shall waste water through the non-
repair of defective plumbing, sprinkler watering or
irrigation systems.
G. No person shall use water to irrigate landscap-
ing during daylight hours.
H. No restaurant shall serve water unless specifi-
cally requested by a customer.
I. No person shall use water to flush water hy-
drants except where required for public health or
safety.
J. No person shall use water for single pass cool-
ing process for new building construction.
K. No draining and/or refilling of swimming
pools, except where required for health or safety
reasons. Topping off of pools to make up for evapo-
ration losses is allowed.
L. No potable groundwater to be used from pri-
vate wells for dust control, consolidation of backfill,
or for the sole purpose of irrigating landscaping.
M. Watering at golf courses to be limited to tees,
landing areas, and greens.
4 X2-1 (Cupertino 5-92)
15.32.030
N. Large water users will be required to perform
water audits at their facilities. Cities have to decide
what constitutes a lazge user.
O. No new installation of plants, shrubs, lawns
or other growing things on new development pro-
jects that require building permits. Performance
bonds shall be required by the City to guarantee the
installation of plant materials after the drought is
declared officially over. (Ord. 1580 (part), 1992:
Ord. 1558 § 3, 1991: Ord. 1524 § 3, 1990: Ord.
1513 § 3, 1990)
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 landscaping
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 conformance
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. 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 declazed 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. 1580 (part), 1992: Ord. 1558 § 4.01, 1991:
Ord. 1524 § 4.01, 1990: Ord. 1513 § 4.01, 1990)
(Cupertino 5-92) 412-2
16.28.010
Chapter 16.28
FENCES*
Sections:
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for
zones requiring site review.
16.28.040 Fence location and height for
zones not requiring site review.
16.28.050 Proximity of plants and fences
to public streets.
16.28.060 Exceptions.
16.28.070 Violation-Penalty.
16.28.080 Severability clause.
16.28.090 Publishing clause.
• For statutory provisions making fences taller than ten feet a nui-
sance, see Civil Code § 841.4.
16.28.010 Purpose.
The purpose of this chapter is to regulate the
location and height of fences and vegetation in yards
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dent/property owners of the City. (Ord 686 (part),
1975: Ord. 112 § 1, 1960)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings unless the context
cleazly indicates .otherwise:
A. "Fence" means aman-made structure which
is designed, intended or used to protect, defend or
obscure the interior property of the owner thereof
from the view, trespass or passage of others upon
that property.
B. "Fence height" means the vertical distance
from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a
case where the finish grade is different for each side
of the fence, the grade with the highest elevation
shall be utilized in determining the fence height.
C. "Plant" means a vegetative matter.
D. "Setback azea, required front" means the azea
extending across the front of the lot between the
front lot line and a line pazallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback area, required reaz" means the area
extending across the full width of the lot between
the reaz lot line and the nearest line or point of the
main building.
F. "Setback area, required side" means the area
between the side lot line and the nearest line of the
building, and extending from the front setback line
to the rear setback line. (Ord. 686 (part), 1975: Ord.
112 § 2, 1960)
16.28.030 Fence location and height for
zones requiring site review.
A. The Architectural and Site Approval Commit-
tee, Planning Commission, and City Council shall
have the authority to require, approve, or disapprove
wall and fencing plans including location, height
and materials in all zones requiring design review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
public street intersections. (Ord. 686 (part), 1975)
~~[.}5 (Cupertino 5-92)
16.28.040
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the reaz yard setback azea and in the side yard set-
back areas. A maximum three-foot-high fence, mea-
sured from finish grade, shall be permitted in the
front yard setback azea.
B. In the case of a corner residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required rear yard setback area and on the side yard
lines, excepting that fence heights within the side
yard setback azea adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yazd setback area or
forty-foot corner triangle.
1. Situation in which the rear property line ad-
joins a reaz property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the rear property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property line shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from finish grade can be constructed on
any location within a required yard except the forty-
foot corner triangle.
C. Where a six-foot fence is allowed, an
eight-foot-high fence can be conswcted in lieu
thereof subject to building permit approval and upon
receipt of written approval from adjoining property
owners. (Ord. 852, 1978; Ord. 686 (part), 1975)
16.28.050 Proximity of plants and fences to
public streets.
The proximity of plants and fences to public
streets shall be controlled by the provisions of Chap-
ter 14.08 of the Municipal Code. (Ord. 686 (part),
1975)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hazd-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and fee: Application shall be
made in writing to the Planning Commission on a
form prescribed by the Director of Planning and
Development. The application shall be accompanied
by a fee of twenty-five dollars.
B. Public Hearings: Upon receipt of an applica-
tion for exception, the Director of Planning shall set
a time and place for a public hearing before the
Planning Commission and order the public notice
thereof. The notice of public hearing shall be pub-
lished at least once in a newspaper of general circu-
lation in the City at least ten days before the first of
the hearings. In addition, individual notices shall be
mailed to all persons owning real property located
within three hundred feet of the property(ies) in-
volved in the application. When the property within
three hundred feet of the property(ies) involved in
the application is occupied by other than the proper-
ty owner, a notice of the public hearing shall be sent
to the occupant of the dwelling. If the dwelling is
a structure with more than four dwelling units,
notice to the occupant shall be given by sending one
notice to the manager of the multiple unit dwelling.
The instructions for the mailing of public notices
shall be specified on the appropriate application
form. The primary form of notification is by publi-
cation in a newspaper of general circulation in the
City. Minor discrepancies in the certified mailing
list provided by an applicant or the City, in case of
a City-initiated application, shall not constitute an
invalid notice of public hearing.
The Planning Commission shall hold a public
hearing at which time the Commission may grant
the exception based upon the following findings:
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this ordinance.
2. The granting of the exception will not result
in a condition which is materially detrimental to the
public health, safety, or welfare.
(CupMino 5-92) 446
16.28.060
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehicular
traffic.
After closing the public hearing, the Planning
416-1 (Cupertino 5-92)
ORDINANCE LIST
555 Rezone (Special) 584 Amends Ord. 167 § 10, handbills (10.52)
556 Amends Ord. XII, personnel code (Re- 585 Amends Ord. 465 § 5, minors (10.68)
pealed by 601) 586 Amends Ord. 447 § 2, fireworks (Re-
557 Rezone (Special) pealed by 895)
558 Rezone (Special) 587 Amends Ord. 214 (a) § 2.1, lot grades
559 Prezone (Special) (Repealed by 597)
560 Rezone (Special) 588 Amends Ord. 47 (Revised) § 13.4, sub-
561 (Not adopted) divisions (Title 18)
562 Prezone (Special) 589 Amends Ord. 39 §§ 1, 7, auctioneers
563 Prezone (Special) (5.08)
564 Amends Ord. 546 § 2, street classes 590 Amends Ord. 413 §§ 12, 13, abandoned
(14.04) vehicles (11.04)
565 Rabies control; repeals Ord. 408 (Re- 591 Amends Ord. 47(a) §§ 1.1, 2.1, hillside
pealed by 931) subdivisions (18.16)
566 Amends Ord. 2 (a) § 7.2, zoning (Not 592 Amends Ord. 166 §§ 2, 3, explosives
codified) (10.20)
567 Amends Ord. 537; adds § 303(d), build- 593 Missing
ing code (16.04) 594 Amends contract with California Public
568 Amends Ord. 47 (Revised); adds § 1.6, Employees Retirement System (2.56)
deeds or contracts (Title 18) 595 Missing
569 Interim zoning (Special) 596 Purchasing system established, repeals
570 Truck traffic routes (Repealed by 833) Ords. 48 and 48(a) (Repealed by 1582)
571 .Rezone (Special) 597 Repeals Ord. 587, amends Ord. 214(x)
572 Rezone (Special) § 2.1, street and sidewalk grades (16.08)
573 Amends Ord. 533 § 11.1, stopping, 598 Right of entry for inspection (1.08)
standing, parking (Not codified) 599 General provisions (1.04)
574 Public Safety Commission (2.60) 600 Repeals Ord. 579, amends Ord. 130 §
575 Amends Ord. 220, zoning (Not codi- 1.5, standard specifications (14.08)
Pied) 601 Amends Ord. XII §§ 12:2.11.3 and
576 Amends Ord. 533 § 10.1, stopping, 12:2.12.3, personnel, repeals §§
standing, parking (Repealed by 824 and 12:2.11.1, 12:2.13, 12:2.13.1, 12:2.13.2,
843) 12:2.13.3, 12:2.13.4 and 12:2.13.5 of
577 Amends Ord. 467, stop intersections Ord. XII and Ord. 482 (2.52)
(Not codified) 602 Adds Chapter 3.28, park dedication
578 Amends Ord. 389 §§ 2.1, 2.2, 2.3, ordi- (Repealed by 1202)
Hance and resolution passage (2.12) 603 Adds Chapter 3.32, conswction tax
579 Amends Ord. 130 § 1.5, street ob- (3.32)
struction (Repealed by 600) 604 Adopts Cupertino Municipal Code (1.01)
580 Amends Ord. 4 Art. 1, food definitions 605 Rezone (Special)
(9.04) 606 Prezone (Special)
581 Amends Ord. 475 § 2, agreements and 607 Rezone (Special)
bonds (Title 18) 608 Park and recreation improvement bonds
582 Repeals Ord. 381 § 3, trees (Repealer) (Special)
583 Amends Ord. 13 § 10, taxicabs (Re- 609 Prezone (Special)
pealed by 866) 610 Prezone (Special)
601 ic~p~~oo s-~~
TABLES
611 Amends Chapter 3.08, sales and use tax 640 Prezone (Special)
(3.08) 641 Rezone (Special)
612 Adds Chapter 8.05, noisy animals (Re- 642 Rezone (Special)
pealed by 1022) 643 Rezone (Special)
613 Rezone (Special) 644 Amends Ords. 533 and 533 (b), stop-
614 Rezone (Special) ping, standing and parking (Repealed by
615 Rezone (Special) 824 and 843)
616 Amends § 15.08.090A, water (15.08) 645 Prezone (Special)
617 Amends retirement system contract (Spe- 646 Rezone (Special)
cial) 647 Rezone (Special)
618 Amends Ord. 2, zoning, repeals Ord. 648 Rezone (Special)
2(0) (Not codified) 649 Amends Exhibit A of Ord. 492, bicycle
619 Prezone (Special) lanes (Not codified)
620 Rezone (Special) 650 Amends §§ 2.20.020, 2.20.100, 2.20.110,
621 Adds Chapter 2.64, conflict of interests 2.24.010, 2.24.020, 2.24.030 and
(Repealed by 1106) 2.48.020; adds § 2.24.050; repeals §§
622 Amends § 10.1 of Ord. 533, parking 2.20.040 and 2.20.090, treasury and
(Repealed by 824 and 843) fiscal duties (2.20, 2.24, 2.48)
623 Rezone (Special) 651 Rezone (Special)
624 Amends Ch 16.32, swimming pools 652 Amends Ords. 2 (a) and 2(e)(1), zoning
(16.32) (Not codified)
625 Amends Ch. 16.20, Uniform Plumbing 653 Adds Ch. 10.45, nighttime deliveries to
Code (16.20) commercial establishments (Repealed by
626 Amends Ch. 16.24, Uniform Mechanical 1022)
Code (16.24) 654 (Number not used)
627 Amends Ch. 16.04, Uniform Building 655 Rezone (Special)
Code (16.04) 656 Amends Ord. 353, signs (Not codi-
628 Adds Ch. 16.40, Uniform Fre Code feed)
(16.40) 657 Amends §§ 10.1, 10.2 of Ord. 533,
629 Rezone (Special) parking (Repealed by 824 and 843)
630 Rezone (Special) 658 Amends § 13.11 and Exhibit A of Ord.
631 Rezone (Special) 492, bicycles (11.08)
632 Amends §§ 10.24.010, 10.24.040, 659 Amends § 10.1 of Ord. 533, parking
10.24.050 and 10.24.060, fireworks (Re- (Repealed by 824 and 843)
pealed by 895) 660 Rezone (Special)
633 Amends Ord. 490, speed limits (Not 661 Rezone (Special)
codified) 662 Rezone (Special)
634 Amends § 16.16.140, National Electrical 663 Amends §§ 5.3(a), 6.2(a), 7.5(a) of Ord.
Code (16.16) 652, zoning (Not codified)
635 Rezone (Special) 664 Amends Ord. 220; repeals Ord. 220(e),
636 Rezone (Special) zoning (Not codified)
637 Amends Exhibit A of Ord. 467, stop 665 Rezone (Special)
controls (Not codified) 666 Prezone (Special)
638 Prezone (Special) 667 Amends § 16.04.060 of Ord. 627, Uni-
639 Prezone (Special) form Building Code (16.04)
(Cupertino 5-92) 602
ORDINANCE LIST
668 Adds pazk and recreation to Ord. 002;
repeals Ord. 002(v), zoning (Not codi-
fied)
669 Rezone (Special)
670 Amends § 13.04.190A, park closing
hours (13.04)
671 Rezone (Special)
672 Prezone (Special)
673 Amends §§ 2.08.030, 2.08.040, 2.08.080,
2.08.090, 2.08.100; deletes §§ 2.08.050,
2.08.060, City Council meetings (2.08)
674 Amends §§ 9.1, 10.4 of Ord. 220(n),
zoning (Repealed by 991)
675 Prezone (Special)
676 Rezone (Special)
677 Rezone (Special)
678 Rezone (Special)
679 Adds Ch. 2.68, Library Commission
(2.68)
680 Amends § 10.4 of Ord. 533, pazking
(Repealed by 824 and 843)
681 Rezone (Special)
682 Rezone (Special)
683 Rezone (Special)
684 Amends Ord. 490, speed limits (Not
codified)
685 Adds Chapter 2.68, child caze expense
for specific committee members (2.72)
685-A Amends Chapter 2.72, expense reim-
bursement (2.72)
686 Amends §§ 16.28.010 and 16.28.020;
adds §§ 16.28.030 through 16.28.090,
fences (16.28)
687 Rezone (Special)
688 Amends § 10.1 of Ord. 533, stopping,
standing, parking (Repealed by 824 and
843)
689 Amends Exhibit "A" of Ord. 492, bicy-
cle lanes (not codified)
690 Amends § 10.2 of Ord. 533, stopping,
standing, parking (Repealed by 824 and
843)
691 Rezone and prezone (Special)
692 Amends § 1.12.010, general penalty
(1.12)
693 (Number not used)
694 Rezone (Special)
695 (Pending)
696 (Tabled without prejudice)
697 Rezone (Special)
698 Rezone (Special)
699 Prezone (Special)
700 Rezone and prezone (Special)
701 Amends § 2.52.060 personnel (2.52)
702 Amends Ord. 490, speed limits (Not
codified)
703 Amends Chapter 16.04, Uniform
Building Code (16.04)
704 (Not enacted)
705 Amends § 2.28.040D, City Manager
(2.28)
706 Amends Ord. 533, pazking prohibited on
certain streets (Repealed by 824 and
843)
707 Prezone (Special)
708 Amends Ch. 11.08, bicycles (11.08)
709 Amends Ord. 533, pazking prohibited on
certain streets (Repealed by 824 and
843)
710 Adds (I) to § 13.04.020 and adds §§
13.04.201 and 13.04.202, park regula-
tions (13.04)
711 Rezone (Special)
712 Prezone (Special)
713 Rezone (Special)
714 Amends § 3.28.OSOC, reserve for pazks
and recreational facilities (3.28)
715 Amends § 3.32.080, Construction Tax
Fund (3.32)
716 Rezone (Special)
717 Amends Ord. 533 parking restrictions
(Repealed by 824 and 843)
718 Rezone (Special)
719 Prezone (Special)
720 Amends Ord. 8.08.200, dogs (8.08)
721 Amends § 2.16.020, Council salary
(2.16)
722 Amends § 16.32.040, safety require-
ments for City owned bodies of water
(16.32)
603 cc~P~~oa s-~z~
TABLES
723 Rezone (Special) 755 Rezone (Special)
724 Amends Ch. 9.08 weed abatement (9.08) 756 Amends Ch. 11.04, abandoned vehicles
725 (Pending) (11.04)
726 (Pending) 757 Rezone (Special)
727 Rezone (Special) 758 Amends § 11.04.020, abandoned vehi-
728 Rezone (Special) cles (11.04)
729 Rezone (Special) 759 Rezone (Special)
730 Amends § 3.24.090, bidding procedures 760 Amends §§ 2.1, 5.111 and 5.112 of Ord
(Repealed by 1582) 656, signs (Not codified)
731 Rezone (Special) 761 Prezone (Special)
732 Rezone (Special) 762 Rezone (Special)
733 Prezone (Special) 763 (Denied)
734 Prezone (Special) 764 Prezone (Special)
735 Amends § 6.4 of Ord. 652, zoning (Not 765 Rezone (Special)
codified) 766 Agreement between city and California
736 Adds § 16.04.115 to Ch. 16.04, Public Employees' Retirement System
reroofing requirements (16.04) (Special)
737 Amends Ch. 5.16, garage and patio sale 767 Amends portions of Ord. 723, rezone
(5.16) (Special)
738 Rezone (Special) 768 Amends § 6.18 and subsections 6.18.1
739 Amends Ch. §§ 2.36.010, 2.36.020, - 6.18.5, residential real estate signs
2.36.050, 2.36.080, Park and Recreation (Repealed by 746)
Commission (2.36) 769 Amends § 10.1 of Ord. 533, parking
740 Amends § 8.08.240, dog license fees prohibited along certain streets (Repealed
(Repealed by 931) by 824 and 843)
741 Amends Chapter 11.08, bicycles (11.08) 770 Amends § 6.5 of Ord. 652, zoning (Not
742 Rezone (Special) codified)
743 Rezone (Special) 771 Adds §§ 5.16.041 and 5.16.042, garage
744 Prezone (Special) sales (5.16)
745 Amends Ord. 490, speed limits (Not 772 Prezone (Special)
codified) 773 (Denied)
746 Sign ordinance; repeals Ord. 353 and 774 (Denied)
Res. 1328 and 1329 (Title 17) 775 Rezone (Special)
747 Amends § 10.24.020, fireworks permit 776 Amends § 14.04.080, interest on pay-
(Special) ments for street improvements (14.04)
748 Rezone (Special) 777 Adds Ch. 5.32, bingo (5.32)
749 Rezone (Special) 778 Amends Ord. 2, zoning (14.18)
750 Rezone (Special) 779 Amends Ord. 220 by adding provisions
751 Rezone (Special) concerning multiple-family residential
752 Adds § 13.04.191 to Ch. 13.04, im- zones; repeals § 6.1 of Ord. 220, § 1.1
poundment of vehicles in park after of Ord. 220(x)(1) and Ords. 002(k),
closing (13.04) 002(k)(2) and 002(g), zoning (Not codi-
753 Rezone (Special) Pied)
754 Amends § 13.04.190, closing hour regu- 780 Amends Ord. 2, zoning (Repealed by
lations (13.04) 991)
(Cupertino 5-92) 6~
ORDINANCE LIST
781 Annexation (Special)
782 Adds § 16.08.231, amends § 16.08.230,
parking slabs and decks and retaining
walls (16.08)
783 Rezone (Special)
784 Rezone (Special)
785 Prezone (Special)
786 Prezone (Special)
787 Rezone (Special)
788 Rezone (Special)
789 (Tabled)
790 Amends § 15.08.020, water rates (15.08)
791 Interim zoning regulation establishing a
moratorium on conversion of apartments
to condominiums (Not codified)
792 Amends Ord. 490, speed limits (Not
codified)
793 Amends § 18.16.250, off-tract storm
drainage fees (Title 18)
794 Adds Ch. 16.44, unsafe, dilapidated and
abandoned buildings (16.44)
795 Prezone (Special)
796 Rezone (Special)
797 Rezone (Special)
798 Adds paragraphs (f), (g), (h) and (i) to
Section 906 of the Uniform Plumbing
Code, special fixtures and specialties
(16.20)
799 Prezone (Special)
800 Rezone (Special)
801 Rezone (Special)
802 Amends Ord. 220, zoning (Not codi-
fied)
803 Prezone (Special)
804 (Not adopted)
805 (Not adopted)
806 (Not adopted)
807 Amends subsection A of § 2.08.090,
City Council order of business (2.08)
808 Adds Ch. 3.25, sale of surplus supplies
and equipment (3.25)
809 Prezone (Special)
810 Adds § § 5.20.015 and 5.20.1 S0; amends
§ 5.20.110 and 5.20.140, peddlers and
solicitors (5.20)
811 Amends § 1.12.010 and 1.12.020, gener-
al penalty (Repealed by 829 and 854)
812 (Not adopted)
813 Amends Ord. 467, stop intersections
(Not codified)
814 Amends Ch. 16.16, National Electrical
Code (16.16)
815 Prezone (Special)
816 Rezone (Special)
817 Amends Ord. 533, stopping, standing
and pazking (Repealed by 824 and 843)
818 Amends §§ 3.24.070(A, B) and 3.24-
.080, contracts (Repealed by 1582)
819 Rezone (Special)
820 Prezone (Special)
821 Repeals and reenacts Ch. 15.20, sewer
systems (15.20)
822 Amends § 2.08.080, Council business
(2.08)
823 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
824 Stopping, standing and parking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (Repealed
by 853)
828 Amends Ord. 490, speed limits (Not
codified)
829 Amends §§ 1.12.010 and 1.12.020, in-
fraction; repeals Ord. 811 (Repealed by
854)
830 Amends Ch. 2.30, Code Enforcement
Officer (2.30)
831 Stopping, standing and pazking on pri-
vate streets (11.26)
832 Adds Ch. 10.10, conduct in public build-
ings (10.10)
833 Truck traffic routes; repeals Ord. 570
(11.32)
834 Amends § 16.16.100, permit fees (16.16)
836 Adds Ch. 10.82, license to sell concealed
weapons (10.82)
842 Amends effective date of Ord. 823 (Re-
pealed by 853)
E'OS (Cupertino 5-92)
TABLES
843 Stopping, standing and parking; repeals 901
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (11.24)
852 Amends § 16.28.040(B), fences (16.28)
853 Amends Exhibit "A" of Ord. 492, bicy- 902
cle lanes; repeals Ords. 824 and 842 903
(Not codified)
854 Amends §§ 1.12.010 and 1.12.020, in- 904
fractions; repeals Ords. 811 and 829
(1.12) 905
860 Amends § 15.08.020, domestic water 906
service quantity rates (15.08)
861 Adds Ch. 10.25, smoking regulation 907
(10.25)
863 Amends Exhibit "A" of Ord. 467, stop 908
intersections (Not codified)
865 Amends Ord. 843 § 12, penalty (11.24) 909
866 Repeals Ch. 5.28 (Repealer)
873 Amends §§ 10.1 and 10.2 of Ord. 843, 910
parking (11.24)
880 Adds Ch. 10.56, trespassing upon park-
ing lots, shopping center property and
other property open to the public
882 Amends §§ 18.16.260, 18.16.270,
18.16.280, 18.16.290, 18.16.300 and
18.16.310, hillside subdivisions (Title
18)
883 Adds Ch. 5.28, taxicabs (5.28)
884 Adds Ch. 3.09, alternate sales and use
tax (3.09)
886 Amends § 10.1 of Ord. 843, parking
(11.24)
891 Amends Ch. 16.20, plumbing code
(16.20)
892 Amends Ch. 16.24, mechanical code
(16.24)
893 Amends Ch. 16.04, building code
(16.04)
894 Amends paragraph B of § 17.32.070,
real estate signs (17.32)
895 Repeals Ch. 10.24 (Repealer)
899 Amends § 11.24.150, parking (11.24)
900 Amends §§ 11.20.020 and 11.20.030,
vehicular stops (11.20)
Amends (2) of subsection A of §
15.08.090, subsections A and B of §
15.12.020, and subsections C and F of §
15.12.030, waterworks system (15.08,
15.12)
Rezone (Special)
Adds paragraph F to § 11.24.040 and §
11.24.220; temporary parking (11.24)
Adds Ch. 11.36, closure of curbs and
medians to vehicular traffic (11.36)
Prezone (Special)
Condominium conversion provisions
(Not codified)
Amends § 2.12.010, publication of ordi-
nances (2.12)
Amends § 11.24.150, prohibited parking
(11.24)
Amends § 8.08.240, dog license fees
(Repealed by 931)
(Not enacted)
(Cupertino 5-921 606
ORDINANCE LIST
1023 Amends § 11.12.030, speed limits
(11.12)
1024 Adds Ch. 10.24, fireworks (10.24)
1025 Amends § 11.24.150, pazking (11.24)
1026 Adds § 2.04.040, council vacancies
(2.04)
1027 Adds § § 11.04.150, 11.04.160, 11.04.170
and 11.04.180; and amends §§
11.04.090, 11.04.110, 11.04.120,
11.04.130 and 11.04.140, abandoned
vehicles (11.04)
1028 Prezone (Special)
1029 Prezone (Special)
1030 Prezone (Special)
1031 Prezone (Special)
1032 Rezone (Special)
1033 Rezone (Special)
1034 Amends § 15.16.050, Water Commission
meetings (Repealed by 1082)
1035 Adds § 87.1 to Ord. 220(i), zoning (Not
codified)
1036 Prezone (Special)
1037 Prezone (Special)
1038 Rezone (Special)
1039 Rezone (Special)
1040 Rezone (Special)
1041 Amends § 11.20.020, stop signs (11.20)
1042 Prezone (Special)
1043 Prezone (Special)
1044 Not enacted
1045 Prezone (Special)
1046 Prezone (Special)
1047 Prezone (Special)
1048 Prezone (Special)
1049 Prezone (Special)
1050 Prezone (Special)
1051 Prezone (Special)
1052 Prezone (Special)
1053 Prezone (Special)
1054 Prezone (Special)
1055 Adds Ch. 11.31, pazking on city property
(11.31)
1056 Amends § 5.04.200, business licenses
(5.04)
1057 (Not enacted)
1058 Amends § 11.24.150, pazking (11.24)
1059 Amends § 2.20.020, recordkeeping of
City finances; repeals § 2.20.060 (2.20)
1060 Amends § 3.24.020, Purchasing Officer
(Repealed by 1582)
1061 Amends § 3.25.020, Surplus Sales Offi-
cer (3.25)
1062 Amends § 3.28.050, fees in lieu of land
dedication (Repealed by 1202)
1063 Amends § 3.32.060, construction tax
(3.32)
1064 Amends subsection D of § 2.28.040,
City Manager (2.28)
1065 Adds subsection F to § 2.48.020;
amends subsection A of § 2.48.020,
departmental organization (2.48)
1066 Amends § 10.48.062, nighttime deliver-
ies and pickups (10.48)
1067 Amends § 11.12.030, speed limits
(11.12)
1068 Amends Exhibit A of § 11.08.290, bicy-
cle lanes (11.08)
1069 Amends § 11.24.150, pazking (11.24)
1070 Amends § 11.20.030, stop intersections
(11.20)
1071 Amends Exhibit A of § 11.08.290, bicy-
cle lanes (11.08)
1072 Amends § 11.24.150, pazking (11.24)
1073 Amends § 11.20.020, vehicular stop
(11.20)
1074 Amends § 11.24.160, pazking (11.24)
1075 Amends § 16.08.230, retaining wall
construction (16.08)
1076 Amends §§ 6.28.010, 6.28.045, 6.28.060,
6.28.070, 6.28.100, 6.28.110, 6.28.180,
6.28.190, 6.28.246 and 6.28.260, CATV
franchise (6.28)
1077 Rezone (Special)
1078 Amends § 11.20.020, vehicular stop
(11.20)
1079 Amends paragraph 5 of § 5.1 of Ord.
831, parking on private streets (11.26)
1080 Amends § 11.16.030, through streets
(11.16)
1081 Prezone (Special)
f109 (Cupertino 5-92)
TABLES
1082 Repeals Ch. 15.16 (Repealer) 1112 Rezone (Special)
1083 Adds § 2.36.110; amends § 2.36.010, 1113 Amends Ch. 16.40, fire code (16.40)
Parks and Recreation Commission (2.36) 1114 Prezone (Special)
1084 Prezone (Special) 1115 Amends § 11.24.150, vehicles and traffic
1085 Amends Ch. 16.04, building code (11.24)
(16.04) 1116 Amends §§ 8.08.040, 8.08.080, 8.08.085,
1086 Amends Ch. 16.20, plumbing code 8.08.100, 8.08.220, 8.08.270 and
(16.20) 8.08.330, animal and rabies control
1087 Amends Ch. 16.16, electrical code (8.08)
(16.16) 1117 Adds Ch. 5.40, secondhand dealers
1088 Adds Ch. 16.40, fue code (16.40) (5.40)
1089 Rezone (Special) 1118 Amends §§ 11.24.150 and 11.24.160,
1090 Adds Ch. 2.74, Cable Television Adviso- vehicles and traffic (11.24)
ry Committee (2.74) 1119 Adds § 2.08.135, city council (2.08)
1091 Rezone (Special) 1120 Rezone (Special)
1092 Rezone (Special) 1121 Rezone (Special)
1093 Amends Ch. 3.24, purchase of supplies 1122 Rezone (Special)
and equipment (Repealed by 1582) 1123 Rezone (Special)
1094 Amends Ch. 14.04, street improvements 1124 Amends §§ 11.24.150 and 11.24.160,
(14.04) vehicles and traffic (11.24)
1095 Amends § 11.20.020, vehicular stop 1125 Rezone (Special)
(11.20) 1126 Rezone (Special)
1096 .Amends § 11.28.070, parking in private l 127 Rezone (Special)
areas (Repealed by 1301) 1128 Rezone (Special)
1097 Amends § 11.24.150, parking (11.24) 1129 Amends § § 11.24.150, parking (11.24)
1098 Rezone (Special) 1130 Amends §§ 11.20.020 and 11.20.030,
1099 (Pending) stop signs (11.20)
1100 Adds Ch. 2.38, Energy Commission 1131 Amends Ord. 220(1), zoning (Not codi-
(Repealed by 1581) feed)
1101 Amends § 11.31.020, pazking on city 1132 Rezone (Special)
property (11.31) 1133 Amends § 2.08.090, order of business at
1102 (Pending) city council meetings (2.08)
1103 Rezone (Special) 1134 Amends Chapter 16.12, preliminary soils
1104 Prezone (Special) report (16.12)
1105 Amends contract between City Council 1135 Amends §§ 11.24.160, parking (11.24)
and Public Employees' Retirement Sys- 1136 Amends Ord. 652, zoning (Not codi-
tem (Special) Pied)
1106 Repeals Ch. 2.64 (Repealer) 1137 Amends § 15.08.020, metered water
1107 Adds subsections 28 and 29 to § 10.48- service (15.08)
.010, community noise control (10.48) 1138 Adds H to §§ 11.26.110, parking (11.26)
1108 Not enacted 1139 Rezone (Special)
1109 Repeals § 16.40.090, fire code (Repeal- 1140 Amends § 11.24.150, parking (11.24)
er) 1141 Amends § 11.28.070, pazking (Repealed
1110 Rezone (Special) by 1301)
1111 Amends Ch. 10.24, fireworks (10.24) 1142 Rezone (Special)
~c~PM~oo s-~~ 610
ORDINANCE LIST
1143 Amends Ch. 16.08, excavations, grading 1170 Amends § 11.24.150, parking (11.24)
and retaining walls (16.08) 1171 Prezone (Special)
1144 Rezone (Special) 1172 Amends §§ 11.24.150 and 11.24.160,
1145 Rezone (Special) stopping, standing and pazking (11.24)
1146 Rezone (Special) 1173 Amends § 11.08.290, bicycle lanes
1147 Amends contract with Boazd of Admin- (11.08)
istration of California Public Employees 1174 Prezone (Special)
Retirement System (Not codified) 1175 Adds Ch. 15.30, cross-connections and
1148 Amends § 11.24.150, parking prohibi- backflow protection (15.30)
lions (11.24) 1176 Extends Ch. 10.26 (Special)
1149 Amends § 10.48.062, noise control 1177 Rezone (Special)
(10.48) 1178 Amends § 11.24.150, pazking restrictions
1150 Date of municipal elections (Superseded (11.24)
by 1164) 1179 Adds §§ 5.08.110, 5.40.070, 16.44.150
1151 Amends §§ 11.24.150 and 11.24.160, and 16.52.016; amends §§ 1.12.010,
parking prohibitions (11.24) 3.08.170, 3.09.170, 3.12.140, 5.04.560,
1152 Amends §§ 11.24.150 and 11.24.160, 5.16.070, 5.24.150, 6.24.220, 8.04.150,
parking prohibitions (11.24) 9.04.130, 10.10.030, 10.28.020,
1153 Rezone (Special) 10.46.070, 10.48.012, 10.52.090,
1154 Rezone (Special) 10.68.060, 10.76.020, 11.26.130,
1155 Amends § 11.24.150, parking prohibi- 11.28.060, 11.32.090, 13.04.240,
lions (11.24) 14.08.100, 14.20.120, 16.28.080,
1156 Amends § 11.20.020, stops (11.20) 16.32.080 and 18.24.080, penalties;
1157 Prezone (Special) repeals § 18.1 of Ord. 002(4), § 7.1 of
1158 Rezone (Special) Ord. 276, and § 16.04.160 (1.12, 3.08,
1159 Prezone (Special) 3.09, 3.12, 5.04, 5.08, 5.16, 5.24, 5.40,
1160 Rezone (Special) 8.04, 9.04, 10.10, 10.28, 10.46, 10.48,
1161 Rezone (Special) 10.52, 10.68, 10.76, 11.26, 11.28, 11.32,
1162 Rezone (Special) 13.04, 14.08, 14.20, 16.28, 16.32, 16.44,
1163 Amends § 11.24.170, parking (11.24) 16.52, Title 18)
1164 Supersedes Ord 1150; date of general 1180 Date of general elections (2.76)
municipal elections (2.76) 1181 Amends § 11.20.030, all-directional
1165 Rezone (Special) vehicular stop (11.20)
1166 Amends §§ 2.32.020, 2.36.020, 2.44.040, 1182 Rezone (Special)
2.60.020, 2.68.020 and 2.74.020, ap- 1183 Rezone (Special)
pointments to advisory bodies (2.32, 1184 Rezone (Special)
2.36, 2.44, 2.60, 2.68, 2.74) 1185 Rezone (Special)
1167 Amends §§ 2.32.040, 2.36.040, 2.38.040, 1186 Repeals subsection (k) of § 15.12.080,
2.44.040, 2.60.040, 2.68.040 and waterworks system (15.12)
2.74.040, officers of advisory bodies 1187 Amends § 3.12.030, transient occupancy
(2.32, 2.36, 2.44, 2.60, 2.68, 2.74) tax (3.12)
1168 Adds §§ 16.40.165, 16.40.166 and 1188 Amends §§ 8.08.070 and 8.08.200, ani-
16.40.180, smoke detection devices mal control (8.08)
(16.40) 1189 Adds §§ 8.08.391 and 8.08.392; amends
1169 Rezone (Special) §§ 8.08.040, 8.08.380, 8.08.390,
f)1 1 (Cupertino 5-92)
TABLES
8.08.400, 8.08.420 - 8.08.480, animal 1220 Adds Ch. 9.12, hazardous materials
control (8.08) storage (9.12)
1190 (Not used) 1221 Amends § 11.24.150, stopping, standing
1191 Extends expiration date of Ch. 10.26, and parking (11.24)
police alarm systems and devices (10.26) 1222 (Pending)
1192 Amends § 2.08.090, city council meet- 1223 Rezone and prezone (Special)
ings (2.08) 1224 Adds § 3.32.045; amends §§ 3.32.020,
1193 (Not adopted) 3.32.040, 3.32.050, 3.32.070, 3.32.080
1194 Rezone (Special) and 3.32.100, construction tax (3.32)
1195 Frezone (Special) 1225 Amends § 2.12.020, ordinance and reso-
1196 Amends § 11.32.090, truck traffic routes lution passage (2.12)
(11.32) 1226 Amends § 11.20.020, stop intersections
1197 Adds Ch. 11.27, permit parking zone (11.20)
(11.27) 1227 Rezone (Special)
1198 Rezone (Special) 1228 Renumbers § 11.08.300 to § 11.08.310;
1199 Adds § 2.4.4.120, architectural and site adds new § 11.08.300; amends §
approval committee (2.44) 11.08.290, bicycles (11.08)
1200 Amends § 16.12.020, preliminary soil 1229 Rezone (Special)
report (16.12) 1230 Rezone (Special)
1201 Rezone (Special) 1231 Prezone (Special)
1202 Amends Title 18, subdivisions (Title 18) 1233 Amends Ch. 2.74, Cable Television
1203 Amends §§ 11.24.150 and 11.24.160, Advisory Committee (2.74)
parking (11.24) 1235 Adds Ch. 9.16, mosquito abatement
1204 Adds to § 11.20.020, stop intersections (9.16)
(11.20) 1236 Rezone (Special)
1205 (Pending) 1237 Amends Ords. 881 and 991, zoning (Not
1206 Rezone (Special) codified)
1207 Amends §§ 10.26.080, 10.26.090 and 1238 RHS zone (Repealed by 1450)
10.26.140 and repeals § 10.26.180, po- 1239 Prezone (Special)
lice alarms (10.26) 1240 R1 zone (Repealed by 1374)
1208 Adds subsection F to § 17.32.100 and § 1241 Amends § 5.28.170, taxi driver permits
17.08.085; amends § 17.32.070; signs (5.28)
(17.08, 17.32) 1242 Rezone (Special)
1209 Rezone (Special) 1243 Amends § 11.12.030, speed limits
1210 Amends subsection A of § 3.12.030, (] 1.12)
transient occupancy tax (3.12) 1244 Amends Ch. 9.12, hazardous materials
1211 Amends Ch. 11.30, traffic in downtown storage (9.12)
area (11.30) 1245 Amends §§ 11.24.150 and 11.24.160,
1213 Amends § 2.32.050, planning commis- parking (11.24)
sion (2.32) 1246 (Not used)
1215 Adds § 8.08.255, rabies control (8.08) 1247 Amends § 15.08.020, water rates (15.08)
1217 Amends § 15.08.020, water rates (15.08) 1248 Amends zoning application (Special)
1218 Adds to § 11.24.150, parking (11.24) 1249 Prezone (Special)
1219 Amends § 2.12.040, ordinance passage 1250 Amends zoning application (Special)
(2.12)
(Cupertino 5-92) 612
ORDINANCE LIST
1251 Amends §§ 3.08.120 and 3.08.130, sales
and use tax (3.08)
1252 Amends subsections B and C of §
9.12.032, hazardous materials storage
(9.12)
1253 Amends § 9.12.031, subsections D and
E of § 9.12.032 and § 9.12.088, hazard-
ous materials storage (9.12)
1254 (Not adopted)
1255 Amends § 5.32.080, bingo (5.32)
1256 Adds Title 20, development agreement
(20.04)
1257 Amends §§ 8.08.0800 and 8.08.490,
animal and rabies control (8.08)
1258 Rezone (Special)
1259 Amends § 2.08.090A, council meetings
(2.08)
1260 Rezone (Special)
1261 Amends § 11.20.030, stop signs (11.20)
1262 Zoning (Special)
1263 Adds Ch. 1.09, nuisance abatement
(1.09)
1264 Amends § 11.24.160, parking restrictions
(11.24)
1265 Amends § 11.24.160, parking restrictions
(11.24)
1266 Amends § 11.24.150, parking (11.24)
1267 Amends §§ 11.32.010 and 11.32.050,
truck routes (11.32)
1268 Amends § 11.20.030, stop signs (11.20)
1269 Rezone (Special)
1270 Rezone and prezone (Special)
1271 Amends Ch. 10.24, fireworks (10.24)
1272 Amends Ch. 10.24, fireworks (10.24)
1273 (Not adopted)
1274 Rezone (Special)
1275 Rezone (Special)
1276 Amends §§ 11.24.150, 11.24.160 and
11.24.170, parking (11.24)
1277 Repealing certain zoning ordinances and
establishing parking regulations (Not
codified)
1278 Amends §§ 10.48.014 and 10.48.053,
community noise control (10.48)
1279 Adds § 8.08.505, adoption of animals
(8.08)
1280 Amends §§ 2.74.010 through 2.74.030,
cable television advisory committee
(2.74)
1281 Amends § 2.16.020, council salaries
(2.16)
1282 Rezone (Special)
1283 Amends Ord. 652, zoning (Not codi-
fied)
1284 Amends Ord. 618, zoning (Not codi-
fied)
1285 Amends § 11.24.150, parking (11.24)
1286 Amending Article 10 of Title 18 and §§
18-1.1001 - 18-1.1006, merger of sub-
division parcels (18-1.1000)
1287 Rezone (Special)
1288 Interim zoning for general commercial
zones (Not codified)
1289 Amends portion of § 11.24.150, stop-
ping, standing and parking (11.24)
1290 Amends Ord. 1288 to extend termination
date, interim zoning (Not codified)
1291 Rezone (Special)
1292 Amends § 2.08.080 (A) and (C)> city
council meeting rules (2.08)
1293 Rezone (Special)
1294 Amends Ch. 10.25, smoking restrictions
in public places (10.25)
1295 Amends general commercial zone; re-
peals Ord 220(j), zoning (Not codi-
fied)
1296 Amends § 15.08.020, water rates (15.08)
1297 Adds language to § 11.20.030, stop
intersections (11.20)
1298 (Pending)
1299 Rezone (Special)
1300 Adds § 8.08.155, animals in motor vehi-
cles (8.08)
1301 Repeals § 11.28.070, parking (Repealer)
1302 (Pending)
1303 (Pending)
1304 Amends § 11.24.150, prohibited parking
(11.24)
613 ~c~p~n~ao s-gz~
TABLES
1305 Amends § 1 of Ord. 2, zoning applica- 1333 Rezone (Special)
tion (Special) 1334 Rezone (Special)
1306 Adds Ch. 2.78, landlord-tenant mediation 1335 Prezone (Special)
(2.78) 1336 Prezone (Special)
1307 Rezone (Special) 1337 Rezone (Special)
1308 Amends Ch. 16.04, building code 1338 Amends § 11.24.150, prohibited pazking
(16.04) (11.24)
1309 Amends Ch. 16.40, fire code (16.40) 1339 Amends §§ 11.20.020 and 11.20.030,
1310 Amends Ch. 16.20, plumbing code vehicles and traffic (11.20)
(16.20) 1340 Amends § 11.24.180, diagonal parking
1311 Amends Ch. 16.24, mechanical code (11.24)
(16.24) 1341 Amends § 3.12.030A, transient occupan-
1312 Amends Ch. 16.16, electrical code cy tax (3.12)
(16.16) 1342 Rezone (Special)
1313 Adds § 11.26.140, parking (11.26) 1343 Rezone (Special)
1314 Business license tax amnesty (Not codi- 1344 Repeals Ord. 220(j) (Repealer)
Pied) 1345 Trucks and trailers; repeals Ord. 276
1315 Rezone (Special) (11.29)
1316 Rezone (Special) 1346 Amends §§ 11.28.010, 11.28.020 and
1317 Amends Ord. 1165, rezone (Special) 11.28.030, miscellaneous parking (11.28)
1318 Rezone (Special) 1347 Vesting tentative maps (18-1)
1319 Rezone (Special) 1348 Amends § 11.24.180, diagonal parking
1320 Amends §§ 17.08.280, 17.16.010(f) and (11.24)
17.32.120; repeals and replaces § 1349 Rezone (Special)
17.32.040, signs (17.08, 17.16, 17.32) 1350 Adds § 16.04.056, spazk arrestors
1321 Amends §§ 2.32.020, 2.32.040, 2.36.020, (16.04)
2.36.040, 2.38.020, 2.38.040(A), 1351 Amends § 11.24.150, parking (11.24)
2.44.040, 2.60.020, 2.60.040, 2.68.020, 1352 Amends § 16.40.080B, fire code (16.40)
2.68.040 and 2.74.020, terms of office 1353 Amends § 16.32.OSON, swimming pools
(2.32, 2.36, 2.44, 2.60, 2.68, 2.74) (16.32)
1322 Adds Ch. 11.10, off-street vehicles 1354 Rezone (Special)
(11.10) 1355 Amends § 15.08.020, water service
1323 Rezone (Special) (15.08)
1324 Rezone (Special) 1356 Amends § 12 of Ord. 1240, moratorium
1325 Amends § 11.24.150, parking (11.24) of extensions along building lines (Spe-
1326 Prezone (Special) cial)
1327 Rezone (Special) 1357 Amends § 11.24.150, parking (11.24)
1328 Adds § § 18-1.503, 18-1.503.1, 1358 Rezone (Special)
18-1.503.2, 18-1.503.3 and 18-1.503.4, 1359 Rezone (Special)
subdivisions (18-1) 1360 Amends § 16.16.OSOAS, electrical code
1329 Amends § 2.08.090A, city council meet- (16.16)
ings (2.08) 1361 Amends Ch. 16.04, building code
1330 Prezone (Special) (16.04)
1331 Rezone (Special) 1362 Amends Ch. 16.24, mechanical code
1332 Rezone (Special) (16.24)
(Cupertino 5-92) 614'
ORDINANCE LIST
1363 R1 Zone (Not codified) 1390 Amends §§ 11.24.150 and 11.24.160,
1364 Rezone (Special) traffic (11.24)
1365 Amends § 11.20.020, vehicles and traffic 1391 Amends § 11.20.020, traffic (11.20)
(11.20) 1392 Amends § 11.24.160, traffic (11.24)
1366 Amends Ch. 16.20, Uniform Plumbing 1393 Amends § 2.08.090(A), city council
code (16.20) order of business (2.08)
1367 Amends § 3.24.070G, purchasing (Re- 1394 Amends §§ 11.24.030 and 11.24.140,
pealed by 1582) traffic (11.24)
1368 Rezone (Special) 1395 Amends § 11.24.150, traffic (11.24)
1369 Amends § 11.24.160, parking (11.24) 1396 Amends condition 16 of Ord. 952 and
1370 Adds § 3.24.065, purchasing (Repealed repeals condition 17 of Ord. 816, rezone
by 1582) (Special)
1371 Adds § 2.20.040, city clerk (2.20) 1397 Amends § 11.24.150, traffic (11.24)
1372 Amends § 10.52.010, handbills and 1398 Rezone (Special)
advertisements (10.52) 1399 Amends §§ 16.40.010, 16.40.020,
1373 Adds § 9.12.043, amends §§ 16.40.030, 16.40.040, 16.40.060 and
9.12.041(3)(a)(iii), 9.12.042(A) and Art. 16.40.080, Uniform Fire Code (16.40)
V of Ch. 9.12, and repeals § 1400 Amends § 3.12.030(A), transient occu-
9.12.011(B), hazardous materials (9.12) pancy tax (3.12)
1374 R1 Zone; repeals Ord 1240 (Repealed 1401 Adds Ch. 2.80, fine arts commission
by 1449) (2.80)
1375 Creation of easements (Not codified) 1402 Amends § 2.16.010, salaries of city
1376 Rezone (Special) council members (2.16)
1377 Amends § 10.52.070, handbills and 1403 Amends Chs. 15.04, 15.08 and 15.12,
advertisements (10.52) water and sewage (15.04, 15.08, 15.12)
1378 Adds Ch. 2.08.095, city council meet- 1404 Rezone (Special)
ings (2.08) 1405 Amends §§ 11.24.150 and 11.24.170,
1379 Amends entirety of Ch. 16.16, electric parking regulations (11.24)
code (16.16) 1406 Amends § 11.20.030, stop signs (11.20)
1380 Amends § 11.24.140, parking (11.24) 1407 Rezone (Special)
1381 Amends Ch. 11.08, bicycles (11.08) 1408 Adds § 11.24.230, parking prohibitions
1382 Amends § 18-1.1001, subdivisions (11.24)
(18-1) 1409 Amends § 11.24.150, parking prohibi-
1383 Amends § 10.52.010, distribution of lions (11.24)
commercial advertising (10.52) 1410 Amends §§ 6.5 and 7.6 of Ord. 652 and
1384 Amends entirety of Title 18, subdivi- repeals § 7.6, zoning (Not codified) _
sions (Title 18) 1411 Rezone (Special)
1385 Rezone (Special) 1412 Amends Ch. 16.52 in its entirety, flood
1386 Amends § 5.32.290, bingo licenses damage prevention (16.52)
(5.32) 1413 Adds § 11.36.070, traffic (11.36)
1387 Adds § 6.24.061, containers stored in 1414 Adds §§ 2.365 and 8.12 to Ord. 746;
trash enclosures (6.24) repeals and replaces §§ 3.02, 6.03.4,
1388 Amends § 11.24.150, traffic (11.24) 7.05, 7.12, 8.08, 8.10, 8.11 and 10.03,
1389 Amends Ch. 16.56, Uniform Housing signs; repeals § 8.01 of Ord. 746 (Title
Code (16.56) 17)
6 ].4-1 (Cupertino 5-92)
TABLES
1415 Rezone (Special) 16.20.030 and 16.24.060, uniform codes
1416 Adds § 11.24.240, blocking of intersec- (16.04, 16.16, 16.20, 16.24)
tions (11.24) 1442 (Pending)
1417 Adds Ch. 11.09, pedestrians (11.09) 1443 Temporary parking restriction (Special)
1418 Rezone (Special) 1444 (Failed)
1419 Amends § § 11.24.150 and 11.24.170, 1445 Amends § § 11.20.020 and 11.20.030,
stopping, standing and parking (11.24) stop intersections (11.20)
1420 Amends Ch. 11.08, bicycles (11.08) 1446 Amends § 11.24.150, prohibited parking
1421 Creates redevelopment agency (Not (11.24)
codified) 1447 Rezone (Special)
1422 Amends § 11.24.160, stopping, standing 1448 Rezone (Special)
and parking (11.24) 1449 Amends Ord. 220; repeals Ord. 1374,
1423 Amends § 11.24.150, stopping, standing zoning (Not codified)
and parking (11.24) 1450 Amends Ord. 220; repeals Ord. 1238,
1424 Rezone (Special) zoning (Not codified)
1425 Amends Condition 16 of zoning action 1451 Amends Ord. 220; repeals Ord. 220(i),
2-2-83 (Special) zoning (Not codified)
1426 Beverage container redemption and 1452 Amends Ord. 220; repeals Ord. 220(i),
recycling centers (Not codified) zoning (Not codified)
1427 Amends § 11.24.160, parking (11.24) 1453 Amends Ord. 220; repeals § 5 of Ord.
1428 Amends § 11.24.150, parking (11.24) 1238 and § 5 of Ord. 1374, zoning (Not
1429 Amends §§ 11.20.020 and 11.20.030, codified)
stop intersections (11.20) 1454 Amends § 11.24.150, prohibited parking
1430 Adds Ch. 11.34, roadway design features (11.24)
(11.34) 1455 Amends § 11.24.150, prohibited parking
1431 Adds § 16.32.040(B) and reletters subse- (11.24)
quent subsections, swimming pool safety 1456 Rules governing effectiveness of zoning
requirements (16.32) standards established by Ords. 1438,
1432 Amends § 2.60.010, public safety com- 1449, 1450 and 1453, zoning (Not codi-
mission (2.60) Pied)
1433 Amends §§ 18-1.401.5 and 18-1.501.7, 1457 Amends § 2.08.090(A), order ofbusiness
subdivisions (18-1) at City Council meetings (2.08)
1434 Rezone (Special) 1458 Special election on bond issuance for
1435 Rezone (Special) park, recreational and open space im-
1436 Rezone (Special) provements (Special)
1437 Amends § 5.20.015, peddlers and solici- 1459 Amends §§ 2.32.010 and 2.32.020, Plan-
tors; repeals § 5.20.070 (5.20) Wing Commission (2.32)
1438 Establishes interim zoning standards for 1460 Amends §§ 2.36.010 and 2.36.020, Parks
the R1 and RHS zones (Not codified) and Recreation Commission (2.36)
1439 Amends § 11.24.150, parking (11.24) 1461 Amends §§ 2.38.010 and 2.38.020, Ener-
1440 Establishes interim zoning standards for gy Commission (Repealed by 1581)
the R1 and RHS zones (Not codified) 1462 Amends § 2.44.040, Architectural and
1441 Amends § 16.04.010, 16.04.030, Site Approval Committee (2.44)
16.04.060, 16.04.062, 16.16.030, 1463 Amends §§ 2.60.010 and 2.60.020, Pub-
lic Safety Commission (2.60)
(Cupertino 5-92) 614-2
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,
pazlcing 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 departments
(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)
614-3 cc~P~~no s-~>
TABLES
1512 Repeals § 7 of Ord. 1489, urgency water 1539 Rezone (Special)
conservation restrictions and regulations 1540 Approves certain development agreement
(Not codified) (Special)
1513 Water conservation (15.32) 1541 Temporary conditional use permits (Not
1514 (Pending) codified)
1515 Rezone (Special) 1542 Amends § 11.12.030, speed limits
1516 Amends § 14.04.200 (A), street improve- (11.12)
menu (14.04) 1543 Amends Ord. 778, heritage and specimen
1517 Amends § 11.08.250, bicycle lane desig- trees (14.18)
nation (11.08) 1544 Amends § 11.08.250, bicycles (11.08)
1518 Amends § 11.24.160, stopping, standing 1545 Amends § 11.24.160, pazking (11.24)
and parking on public streets (11.24) 1546 Amends §§ 1.09.060, 1.09.140; repeals
1519 Amends § 16.56.030, Uniform Housing and replaces 1.09.070, nuisance abate-
Code (16.56) went (1.09)
1520 Amends (A) of § 3.12.030, alternate 1547 Amends §§ 11.24.150 and 11.24.160,
sales and use tax (3.12) parking regulations (11.24)
1521 Amends § 11.24.150, parking (11.24) 1548 Amends § 11.12.030, speed limits
1522 Rezone (Special) (11.12)
1523 Rezone (Special) 1549 Amends § 2.32.050, Planning Commis-
1524 Water conservation (15.32) Sion meetings (15.49)
1525 Adds Ch. 16.42, toxic gases (16.42) 1550 Prezone (Special)
1526 Amends §§ 10.26.090 - 10.26.130, 1551 Amends §§ 2.20.030, 2.20.040, 2.20.050,
alarm systems (10.26) 2.20.070, 2.20.080, 2.20.100 and
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord. 2.20.110, city clerk (2.20)
575, § 4.3 to Ord. 779, § 13.2 to Ord. 1552 Amends § 11.20.020, traffic regulations
1452, § 13.2 to Ord. 1451 and § 15.2 to (11.20)
Ord. 1450, zoning (Not codified) 1553 Amends § 11.24.150, pazking regulations
1528 Rezone (Special) (11.24)
1529 Amends § 3.32.050, construction tax 1554 Rezone (Special)
(3.32) 1555 Adds Ch. 9.20, off-site hazardous waste
1530 Rezone (Special) facilities (9.20)
1531 Adds Ch. 16.60, unreinforced masonry 1556 Amends § 11.12.030, speed limits
buildings (16.60) (11.12)
1532 Adds Ch. 10.30, elimination of bodily 1557 Amends §§ 11.20.020, traffic regulations
waste in public (10.30) (11.20)
1533 Amends Ord. 1532 and § 10.30.030, 1558 Water conservation (15.32)
elimination of bodily waste in public 1559 Prezone (Special)
(10.30) 1560 Amends § 11.08.160, bicycles (11.08)
1534 Pending 1561 Amends § 2.08.090(A), City Council
1535 Adds Ch. 2.84, Environmental Review meetings (2.08)
Committee (2.84) 1562 Amends § 11.24.150, parking regulations
1536 Rezone (Special) (11.24)
1537 Rezone (Special) 1563 Amends § 3.12.030(A), transient occu-
1538 Adds Ch. 11.37, overweight vehicle pancy tax (3.12)
permit (11.37)
(cuperc~w s-gz> 614-4
ORDINANCE LIST
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(n, 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, garbage
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], park-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek Boulevard
(11.24)
1579 Amends § 11.12.030, speed limit on
Bandley Drive (11.12)
1580 Amends Ch. 15.32, water conservation
(15.32)
1581 Repeals Ch. 2.38 (Repealer)
1582 Adds Ch. 3.22, purchase of supplies and
equipment; repeals Ch. 3.24 (3.22)
1583 Adds Ch. 3.23, public works contract
and bidding procedures (3.23)
1584 Amends § 11.12.030, speed limit on
Miller Avenue (11.12)
1585 Amends §§ 11.29.030-11.29.060, on-
site parking (11.29)
614-5
(Cupertino 5-92)
ABANDONED VEHICLE
INDEX
A
ABANDONID VEHICLE
See VEHICLE
ADVERTISEMENT
Commercial advertising
distribution
prohibited when 10.52.080
requirements 10.52.070
license required, permit prerequisite 10.52.060
Distribution
commercial advertising
See Commercial advertising
permit
application, denial, appeal 10.52.040
required 10.52.030
revocation 10.52.050
Newspaper distribution method 10.52.020
Throwing, littering unlawful when 10.52.010
Violation, penalty 10.52.090
AFFORDABLE HOUSING
Effect of provisions 2.86.130
Policies, strategies, projects, scope, authority
2.86.100
Members
See also Specific Subject
selection, qualifications, residency 2.86.020
Power, duties, responsibilities generally 2.86.100
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090
Staff assistance 2.86.110
Term of office 2.86.030
Vacancy, filling 2.86.040
ALARM
Automatic telephone connection prohibited
10.26.050
City defimed 10.26.020
Definitions 10.26.020
Exemptions 10.26.060
False alarm
charge
assessment notice 10.26.100
collection 10.26.140
imposition, amount 10.26.090
defined 10.26.020
hearing
failure to request, effect 10.26.130
procedure 10.26.120
request 10.26.110
investigation, report requirements 10.26.070
notification procedure 10.26.080
wilful conduct, city reimbursement 10.26.150
AFFORDABLE HOUSING COMMITTEE
Chairperson, vice-chairperson, selection, term
2.86.050
Compensation 2.86.070
Effect of provisions 2.86.130
Established, composition 2.86.010
Meetings
See also Procedural rules
regulations generally 2.86.060
voting, requirements 2.86.080
Notice
defined 10.26.020
requirements
See False alarm
Requirements
Owner defimed 10.26.020
Person defimed 10.26.020
Police alarm system defined 10.26.020
Police emergency defined 10.26.020
Premises defimed 10.26.020
b 15 (Cupertino 5-rz)
ALARM
Purpose of provisions 10.26.010
Requirements 10.26.040
Responsible occupant defined 10.26.020
Severability of provisions 10.26.160
Timing device requirements
See Requirements
Violation, penalty 10.26.170
ALCOHOLIC BEVERAGE
See LIQUOR
AMUSEMENT CONCESSION
Business license
See also BUSINESS LICENSE
fee 5.04.490
ANIMAL
Abuse prohibited 8.08.140
Administration of provisions 8.08.030
Administrator
cat registration
certification 8.08.350
recordkeeping 8.08.370
tag issuance 8.08.360
defined 8.08.040
fee collection 8.08.100
hearing, notice 8.08.200
impoundment
care required 8.08.190
fee determination 8.08.160
redemption authority 8.08.170
license
issuance 8.08.280
recordlceeping 8.08.310
permit
application form approval 8.08.390
dangerous, denial 8.08.470
hearing, notice 8.08.440
issuance 8.08.380
reapplication fording 8.08.450
revocation, denial 8.08.430
powers, duties generally 8.08.120
tag issuance 8.08.290
Adoption, regulations when 8.08.505
Applicability of provisions 8.08.050
Bite, quarantine procedure 8.08.080
Cat
defined 8.08.040
maximum number
See Maximum number allowed
registration
certificate 8.08.370
required 8.08.350
tag 8.08.360
Control officer
dead, disposal 8.08.100
defined 8.08.040
impoundment
nuisance commission 8.08.150
owner nonappearance at hearing 8.08.210
redemption authority 8.08.170
restriction, notice required 8.08.070
summary, allowed when 8.08.200
inspection, right of entry 8.08.130
permit renewal inspection 8.08.420
powers, duties generally 8.08.120
quarantine authority 8.08.080
vicious, confinement 8.08.090
County ordinance adopted 8.08.020
Dangerous
control requirements
See Vicious animal
defined 8.08.040
pemmt
See also Vicious animal
denial 8.08.470
required 8.08.460
term, fee 8.08.480
~c~P«t~oo s-~z~ 616
ANIMAL
Dead, requirements 8.08.100
Definitions, defined 8.08.040
Diseased animal control requirements
See Vicious animal
Dog
defined 8.08.040
license
See License
maximum number
See Maximum number allowed
restraint required 8.08.240
vaccination required 8.08.255
vehicle transport restrictions 8.08.155
Grooming parlor defined 8.08.040
Health officer
See also Administrator
defined 8.08.040
Hearing
designated 8.08.210
failure to appear 8.08.230
generally 8.08.220
Horse establishment defined 8.08.040
Immunization, dog, cat 8.08.500
616-1
Impoundment
care 8.08.190
disposition 8.08.180
fee 8.08.160
hearing
See Hearing
redemption 8.08.170
seizure allowed when 8.08.200
Keeping
cleaning 8.04.100
dwelling proximity 8.04.130
enforcement 8.04.160
exceptions 8.04.140
fence 8.04.120
permit
application 8.04.030
fee 8.04.040
renewal 8.04.050
required 8.04.020
revocation 8.04.060
transferability 8.04.080
purpose of provisions 8.04.010
refuse requirements 8.04.110
removal required when 8.04.070
(Cupertino 5-92)
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
Staffmg, 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 UNREINFORCID MASONRY
BUII.DINGS
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
619 (Cup«tino 5-92)
BUILDING
amendments
Section 204 16.04.020
Section 305(f) 16.04.030
Section 2516(k) 16.04.040
Table 3-A 16.04.060
hearing 16.04.065
violation, penalty 16.04.070
Dangerous
abatement cost
assessment 16.44.130
determination 16.44.110
determination 16.44.010
hearing
designated 16.44.080
procedure 16.44.090
report 16.44.120
incidental expenses defined 16.44.110
limitation of provisions 16.44.140
notice, abatement
form required 16.44.070
posting, contents 16.44.050
service 16.44.060
nuisance
declaration 16.44.020
determination 16.44.040
owner defined 16.44.070
resolution service 16.44.100
violation, penalty 16.44.150
Electrical Code
See ELECTRICAL
Energy permit fees 16.04.062
Excavation, foundations, retaining walls
See also EXCAVATION
requirements 16.04.045
Fence
See FENCE
Heating, cooling
See MECHAMCAL CODE
Inspection fee 16.04.060
Inspector
bingo permit applicant investigation 5.32.220
building moving permit issuance 16.36.050
sign inspection 17.12.130
Moving
building
defined 16.36.010
inspector defined 16.36.010
city defined 16.36.010
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, dudes 16.36.120
violation, penalty 16.36.130
Official
right of entry 16.16.040
seismic safety
alternate methods, materials approval
16.60.010
compliance order issuance, enforcement
16.60.080
swimming pool code
administration 16.32.030
enforcement 16.32.060
Permit, inspection 16.04.030
Plumbing code
See PLUMBING CODE
Preliminary soils report
appeals 16.12.070
approval 16.12.050
(Cupertino 5-92) 620
BUILDING
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Retaining wall
See Excavations, foundations, retaining walls
San Jose-Cupertino reorganized territory
agreement, joint agreement, joint exercise of
powers agreement defined 16.48.010
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, temtory of organization defined
16.48.010
Seismic safety
See also UNREINFORCID MASONRY
BUILDINGS
building permit prerequisites 16.04.048
Spark arrestors 16.04.056
Soils report
See Preliminary soils report
Swimming pool
See SWIIvIlbIIING POOL
Underfloor access areas required 16.04.047
Water splash requirement 16.04.040
BUSINESS LICENSE
Application for first license, contents 5.40.320
Auctioneer 5.08.010
620-1 (Cupertino 5-92)
CLERK, CITY
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
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
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
Defuitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMIIV'I' OFFICER
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 ENFORCIIVIIIVT 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
tS23 cc~P~no s-gz~
COFFEE SHOP
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
Violaflon, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMII~iT
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
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 appoinm~ent
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
Fire code appeals board appointment 16.40.040
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
cc~P«t~oo s-~z~ 624
COUNCIL, CITY
Meeting
discussion procedure 2.08.130
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration notions 2.08.095
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement
cos[ report hearing 1.09.120
hearing decision 1.09.080
resolution passage 1.09.040
Officer, official body reports 2.08.110
Permit parking time determination 1127.130
Personnel authority 2.52.090
Petition
defined 2.08.030
exception 2.08.070
hearing notice 2.08.040
Pubtic safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
Sign
appeal hearing 17.48.020
exception hearing 17.44.050
Subdivision
final map
approval 18-1.402.5.4
denial 18-1.402.5.5
improvement time extension 18-1.811.3
parcel merger hearing authority 18-1.1005
park land dedication, fee payment
determination 18-1.602.9
development commencement authority
18-1.602.12
responsibilities 18-1.202.2
reversion to acreage
initiation 18-1.902.2
petition approval 18-1.905
tentative map
review 18-1.401.4.4
stay of time approval 18-1.401.5:1
tentative parcel map appeals authority
18-1.501.6.2
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CRYSTAL GAZING
Business License
See also BUSINESS LICENSE
fee 5.04.490
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Loitering prohibited 10.68.010
Restaurant, tavern, minor, presence prohibited when
10.68.020
()25 (Cupertino 5-92)
CURFEW
Violation
encouragement unlawful 10.68.040
penalty 10.68.060
presumption 10.68.050
prohibited 10.68.030
- D -
DANCE, PUBLIC
Business license
See also BUSINESS LICENSE
fee 5.04.490
DEFECATION
See URINATION, DEFECATION
DELIVERY, MGHTTIME
See CONIl~iERCIAL ESTABLISHMENT
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DEVELOPMENT AGREEMIIVT
Adoption of provisions, authority 20.08.010
Applicant
qualification 20.20.030
qualified, defined 20.12.010
Application
accompanying information 20.20.040
applicant
See Applicant
review 20.20.050
Cancellation, modification
by city 20.40.020
recordation
See Execution, recordation
mutual consent 20.40.010
rights of affected parties 20.40.030
City defined 20.12.010
Content 20.20.060
Council, city
See also COUNCIL, CITY
defined 20.12.010
Criteria, standards imposition
See Hearing
Definitions, defined 20.12.010
Developer defined 20.12.010
Effect 20.48.030
Execution, recordation 20.48.050
Fees 20.20.020
Findings, intent 20.04.010
Forms 20.20.010
Hearing
conduct
irregularity 20.32.050
requirements 20.32.040
council, city
conduct 20.28.020
procedures 2028.020
required 20.28.010
notice
content, time and manner 20.32.020
failure to receive 20.32.030
generally 20.32.010
planning commission
imposition of criteria, standards 20.24.020
recommendations 20.24.030
required 20.24.010
Interpretation of provisions 20.48.040
Judicial review 20.48.070
Periodic review
See Review
Person defined 20.12.010
Planning commission
See also PLANNING COMMISSION
defined 20.12.010
Planning director
See also PLANNING DIRECTOR
defined 20.12.010
~c~P«ttoo s-~~ 626
DEVELOPMENT AGREEMENT
Proposed form
See Application
Provisions considered separate action
Purpose 20.04.020
Qualified application
See Applicant
Regulations, requirements generally
Review
Imposition, rate 3.04.020
Payment responsibility 3.04.030
20.48.020 Refund claim, authority 3.04.100
Short title, authority 3.04.010
20.48.010
appeal 20.36.040
certificate of compliance 20.36.020
fording of noncompliance 20.36.030
referral to planning commission 20.36.050
when 20.36.010
Severability 20.48.060
DISASTER COUNCIL
Director of emergency services
created 2.40.050
powers, dudes 2.40.060
Emergency
defined 2.40.020
organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exception
conveyance
order of Securities and Exchange Commission
3.04.070
reorganization, adjustment 3.04.060
government 3.04.050
instrument to secure debt 3.04.040
realty held by partnership 3.04.080
DOG
See ANIMAL
DRUG PARAPHERNALIA
Exhibition, minors prohibited 10.70.010
Severability of provisions 10.70.020
- E -
EARTHQUAKE
See BUILDING
TOXIC GASES
UNREINFORCED MASONRY BUILDINGS
ELECTIONS, MUMCIPAL
Date change
copy forwarding 2.76.030
designated 2.76.020
voter notification 2.76.040
Held when 2.76.010
ELECTRICAL
Ampacity requirements 16.16.060
Code
adopted 16.16.010
amendments
Article 100 16.16.020
Section 204 16.16.050
violation, penalty 16.16.050
Defmitions 16.16.020
Fee schedule 16.16.030
Interpretation of provisions 16.16.040
Maintenance electrician
defined 16.16.020
designation, duties 16.16.045
Work, authorized persons designated 16.16.020
627 (Cupertino 5-92)
EMERGENCY
EMERGENCY
See DISASTER COUNCIL
EMPLOYEE, CITY
See PERSONNEL
EMPLOYEES' RETIREb1ENT SYSTEM
See PERSONNEL
ENGINEER, CITY
Preliminary soil report approval 16.12.050
Subdivision
certificate of compliance determination
18-1.1203
certificate of noncompliance determination
18-1.1204
final map
approval 18-1.402.5.3
dedication acceptance 18-1.402.4
form approval 18-1.402.3
review 18-1.402.5.2
improvement
acceptance 18-1.812.1
argument preparation 18-1.80'1
security reduction 18-1.808.6
time extension 18-1.811.3
waiver 18-1.803.1
improvement plans
approval 18-1.806.6
form approval 18-1.806.2
review 18-1.806.5
revision request 18-1.806.7.2
map amendment
approval 18-1.1103
deposit requirement authority 18-1.1105
hearing 18-1.1101
parcel map
checking, content requirements waiver
18-1.502.5
review 18-1.502.6
waiver authority 18-1.303, 18-1.502.9
responsibilities 18-1.202.3
reversion to acreage petition
form prescription 18-1.902.1
review 18-1.904
tentative map amendment approval 18-1.401.6
Truck route signing 11.32.020
ENTERTAl1vN1ENT DEVICE
Business license
See also BUSINESS LICENSE
fee 5.04.490
ENVIRONMIIVTAL PROTECTION
CEQA guidelines adopted 2.84.090
ENVIRONMIIVTAL REVIEW COMMITTEE .
Appeals 2.84.100
City powers not restricted 2.84.120
Chairperson 2.84.030
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties generally
3.25.020
Open market, when 3.25.070
(Cupertino 5-92) 628
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
Defmidons 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
Penmit
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
permittee
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
629 (Cupertino 5-92)
FALSE ALARM
- F . Finance department head 2.48.020
Purchasing officer, designation, duties
FALSE ALARM See PURCHASING OFFICER
See ALARM
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 1628.020
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
rear 16.28.020
side 16.28.020
Severability 16.28.080
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DEPARTMIIV'T
See DEPARTMENTAL ORGANIZATION
FINANCE DIRECTOR
Financial recordkeeping 2.20.020
FINE ARTS ACTTVTTIES
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
farm 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 also BUILDING
SMOKING
Administrator
See also MANAGER, CITY
defined 16.40.020
Chief
See also FIRE CHIEF
defined 16.40.020
City defined 16.40.020
Code
See also Violation, penalty
additions, amendments
See also amendments
generally 16.40.030, 16.40.040, 16.40.060,
16.40.080
~c~P«t~oo s-~~ 630
administration authority designated 16.40.020
adopted, copies on filed 16.40.010
amendments
See also additions, amendments
Section 2.101 16.40.020
hearing requirements 16.40.100
Corporation counsel defined 16.40.020
District attorney defined 16.40.020
Executive
See also MANAGER, CITY
defined 16.40.020
Executive body defined 16.40.020
Fire chief
See also, FIRE CHIEF
defined 16.40.020
Fue department defined 16.40.020
Fire marshal
See also FIRE MARSHAL, COLJN'TY
defined 16.40.020
Fue prevention bureau defined 16.40.020
Hazards
designation, abatement requirements 16.40.060
hazardous fire areas designated, requirements
16.40.080
Jurisdiction defined 16.40.020
Municipality defined 16.40.020
Permit required, requirements generally 16.40.030
Safety provisions 16.40.040
Violation, penalty 16.40.090
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 CHIEF
Bingo permit applicant investigation 5.32.220
Defined 16.40.020
Peace officer powers 16.40.030
Toxic gas storage, use
compliance plan, permit
fee charging, data submittal requiring
16.42.060
time limit extension 16.42.070
controls requiring 16.42.230
facility closing duties 16.42.080
leak testing approval 16.42.130
sprinkler system requiring 16.42.190
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority 9.08.100
hearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
FIRE SALE
Business license fee 5.04.490
FIREWORKS
Dangerous, defined 10.24.010
Defined 10.24.010
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Safe and sane, defined 10.24.010
Severability 10.24.070
6:30-1 cc~P«t;no s-sz>
NUISANCE
Sign, illegal 17.52.050
Watercourse pollution discharge 9.18.050
Weeds 9.08.020
Zoning provisions, noncompliance 1.09.170
NUISANCE ABATEMENT
Civil action permitted 1.09.150
Costs
See Expenses
Declaration of nuisance 1.09.040
Definitions 1.09.030
Expenses
incidental, defined 1.09.030
lien
generally 1.09.130
hearing 1.09.120
notice 1.09.140
recordkeeping 1.09.110
Hearing
notice
form 1.09.050
procedure for service 1.09.070
service, posting 1.09.060
procedure
designated 1.09.080
rules 1.09.090
Lien
See Expenses
Nuisance defined 1.09.030
Purpose of provisions 1.09.020
Record owner defined 1.09.030
Service of notice
See Hearing
Service of resolution 1.09.100
Short title, statutory authority 1.09.010
Violation, penalty 1.09.160
Zoning provisions, noncompliance deemed nuisance
1.09.170
-O-
OCCULT SCIENCE
Business license
See also BUSINESS LICENSE
fee 5.04.490
OFF-STREET VEHICLES
Appeal from permit denial 11.10.015
Exemptions 11.10.013
Operation
parent, guardian responsibility 11.10.014
permit requirements 11.10.012
Purpose of provisions 11.10.010
Vehicle defined 11.10.011
Violation, penalty 11.10.016
OII, COMPANIES
Business license
See also BUSINESS LICENSE
tax 5.04.450
ORDINANCE
See also RESOLUTION
Clerk record keeping 2.20.030
Defined 1.04.010
Passage
effective date 2.12.050
time, reading 2.12.020
vote inquired 2.12.040
Publication 2.12.010
Real property description requirements 2.12.060
-P-
PACIFIC GAS AND ELECTRIC COMPANY
See FRANCHISE
PALMISTRY
Business license fee 5.04.490
ti39 (Cupertino 5-n)
PARADE
PARADE
Administrative authority 10.44.140
City defined 10.44.020
Conduct, public, requirements 10.44.120
Defined 10.44.020
Definitions 10.44.020
Permit
appeal 10.44.080
application
contents, filing, fee 10.44.040
prior 10.44.060
contents 10.44.100
defined 10.44.020
issuance
notice, denial 10.44.070
standards 10.44.050
notice to officials 10.44.090
required, exceptions 10.44.030
revocation 10.44.130
Permittee duties 10.44.110
Person defined 10.44.020
Short title 10.44.010
Violation, penalty 10.44.150
PARK AND RECREATION COMMISSION
See also DEPAR'TMII~i'T ORGAMZATION
PARKS, CITY
Chairman
coordinating powers 2.36.100
election 2.36.040
Effect of provisions 2.36.110
Established 2.36.010
Majority vote required when 2.36.060
Meetings 2.36.050
Members
terms 2.36.020
vacancy, removal 2.36.030
Powers, functions 2.36.080
Procedural rules 2.36.090
Record required 2.36.070
PARKING
Camp car, mobile home
defined 11.28.010
prohibited where 11.28.020
City property
definitions 11.31.010
parking defined 11.31.010
prohibited 11.31.020
unlawful 11.31.030
violation, penalty 11.31.040
Construction, repair, greasing of vehicle, prohibited
where 11.28.040
Curb markings, signs
designated, meaning 11.24.040
obedience required 11.24.050
private street
See Private street
Definitions 11.24.030, 11.28.010
Diagonal
private street
See Private street
where 11.24.180
Display, servicing, repair
display for sale defined 11.24.030
prohibited, exception 11.24.140
Emergency
See also Display, servicing, repair
defined 11.24.030
Handicapped
marking 11.24.110
off-street, regulations generally 11.24.190
private street
See Private street
Highway defined 11.24.030
Holidays defined 11.24.030
Impoundment when, authority 11.24.200
Intersection defined 11.24.030
Loading zones
authority 11.24.080
marking 11.24.090
(Cupertino 5-92)
PARKING
passenger, marking
private street
See Private street
On-site
11.24.100 Park defined 11.24.030, 11.28.010
Parkway
defined 11.24.030
prohibited 11.2~t.120
applicability of provisions 11.29.020
definitions 11.29.030
mobile home
defined 11.29.030
park defined 11.29.030
park defined 11.29.030
public streets defined 11.29.030
purpose of provisions 11.29.010
rules, regulations generally 11.29.040
severability of provisions 11.29.060
vehicles defined 11.29.030
violation, penalty 11.29.050
Permit
application 11.27.100
definitions 11.27.020
description 11.27.030
display 11.27.080
established 11.27.010
exceptions 11.27.090
hours 11.27.130
issuance
guest 11.27.060
resident 11.27.050
posting 11.27.040
()~Q-1 (Cupertino 5-92)
PLANNING COMMISSION
approval 18-1.501.4
denial 18-1.501.5
utility undergrounding waiver 18-1.802.6
variance auWority 18-1.105
PLANNING DIRECTOR
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
Incorporations, amendments 16.20.030
Name insertion 16.20.020
Ordinance hearing 16.20.050
POLICE
See PRIVATE PATROL
SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
POOLROOM
Business license
See also BUSINESS LICENSE
fee 5.04.490
PRELIIvIINARY SOIL REPORT
See BUII.DING
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
16.20.040 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
f~45
(Cupertino 5-92)
PUBLIC HEALTH DIRECTOR
PUBLIC HEALTH DIRECTOR
Animal license authority 8.08.270
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, reponsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Fire code board of appeals 16.40.040
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 323.090
Bid
competitive, required when . 3.23.U3U
defined 3.23.020
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedturee 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
City defined 3.23.020
Defined 3.23.020
Definitions 323.020
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 DEPARTMIIV'T
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
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
Definitions 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 5-92) 646
PURCHASING
Purchases defined 3.22.020
Purpose of provisions 3.22.010
Services defined 3.22.020
Severability of provisions 3.22.080
Supplies defined 3.22.020
PURCHASING OFFICER
Contract award authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
-Q-
QUARANTINE
See ANIMAL
Subpoena
application
contents 2.78.050
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
QUARRY MATERIALS
Business license tax rate 5.04.450
-R-
RABIES
See ANIMAL
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
REFUSE
See GARBAGE
RENTAL DISPUTE MIDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
RESTAURANT
Business license tax rate 5.04.450
Defined 9.04.010
Definitions 9.04.010
Food defined 9.04.010
Food establishment defined 9.04.010
Food, unwholesome, destruction authority 9.04.100
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
646-1 (Cupertino 5-92)
TREASURER, CITY
TREASURER, CITY
Conflict of interest 2.64.020
False alarm hearing request forwazding 10.26.120
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
Monthly statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.010
TREASURER, COUNTY
Assessment collection responsibility 3.16.010
TREE
See STREETS AND SIDEWALKS
TREE PRESERVATION
TREE PRESERVATION
Defmidons 14.18.020
Enforcement authority 14.18.130
Exemptions 14.18.140
Heritage tree
designated 14.18.040
identification tag 14.18.080
listing 14.18.050
preservation encouraged 14.18.030
removal application
appeal 14.18.110
generally 14.18.090
notification 14.18.100
Protection plan
construction projects
bond required 14.18.210
required 14.18.190
submittal, requirements 14.18.200
generally 14.18.060
Purpose of provisions 14.18.010
Recordation 14.18.070
Removal
See also Heritage tree
permit
application 14.18.150
approval conditions 14.18.180
decision notification, appeal 14.18.220
inspection 14.18.160
required 14.18.120
review 14.18.170
Severability of provisions 14.18.240
Violation, penalty 14.18.230
TRESPASSING
Shopping center
defined 10.56.010
enforcement powers not affected 10.56.040
exception 10.56.030
severability 10.56.050
unlawful actions 10.56.020
violation, penalty 10.56.060
-U-
UNDERGROUND UTILITIES
Commission defined 14.20.010
Conversions
city responsibility 14.20.100
company responsibility 14.20.080
definitions 14.20.010
exceptions
designated 14.20.060
when 14.20.050
notice required 14.20.070
property owner responsibility 14.20.090
public hearing 14.20.020
time extension when 14.20.110
unlawful acts 14.20.040
violation, penalty 14.20.120
659 (Cupertino 5-92)
UNDERGROUND UTILITIES
District
defined 14.20.010
designation 14.20.030
New developments
definitions 14.24.020
development
area, defined 14.24.020
plan, defined 14.24.020
distribution line defined 14.24.020
exceptions
administrative 14.24.060
generally 14.24.040
use permit 14.24.070
zones 14.24.050
intent 14.24.010
overhead lines, structures defined 14.24.020
public utility defined 14.24.020
required 14.24.030
service facilities defined 14.24.020
transition clause 14.24.080
transmission line defined 14.24.020
Poles, overhead wires, associated structures defined
14.20.010
Utility defined 14.20.010
UNREINFORCED MASONRY BUII.DINGS
Compliance order 16.60.080
Cross walls defined 16.60.020
Defmitions 16.60.020
Historic 16.60.030
Materials 16.60.050
Plans 16.60.060
Purpose, applicability of provisions, disclaimer,
alternate methods, materials 16.60.010
Roof diaphragm stiffness, out-of-plane stability
16.60.070
Seismic analysis 16.60.040
Unreinforced masonry bearing walls defined
16.60.020
UPHOLSTIItER
Business license tax rate 5.04.450
URINATION, DEFECATION
Bodily waste material defined 10.30.010
Defmidons 10.30.010
Human waste material defined 10.30.010
Prohibited where 10.30.020
Violation, penalty 10.30.030
UTII.TIIES
See FRANCHISE
SEWER
UNDERGROUND UTILITIES
WATER
UTII.TTY USERS EXCISE TAX
Administration, scope, authority 3.34.100
Benefit declaration 3.34.150
Collection
debt to city, actions permitted 3.34.080
due date, delinquency, penalties 3.34.070
procedure generally 3.34.090
City defined 3.34.020
Conflicting provisions, resolution 3.34.200
Construance of provisions 3.34.210
Defuudons 3.34.010
Duration, term 3.34.160
Electrical corporation defined 3.34.020
Exemptions
designated 3.34.020
partial, criteria 3.34.060
Facilities defined 3.34.020
Gas
corporation defined 3.34.020
defined 3.34.020
Grammatical interpretation of provisions 3.34.140
~c~p«t~oo s-9z~ 660
UTII.ITY USERS EXCISE TAX
Imposed, rate, applicability Abandoned, wrecked, inoperative
See also Exemptions administrative costs 11.04.060
electricity users tax 3.34.040 applicability 11.04.020
gas users tax 3.34.050 enforcement 11.04.030
telephone users tax 3.34.030 hearing
Month defined 3.34.020 appeal 11.04.100
Nonutility supplier defined 3.34.020 decision 11.04.090
Payment generally 11.04.070
See also Collection notice to Highway Patrol 11.04.080
failure, assessment when, effect 3.34.110 highway defined 11.04.020
Person defined 3.34.020 nonexclusiveness 11.04.030
Powers deemed additional 3.34.190 owner of the land defined 11.04.010
Proceeds owner of the vehicle defined 11.04.010
lease obligation, scope, effect 3.34.180 public property defined 11.04.020
revenue measure, disposition 3.34.170 purpose, definitions 11.04.010
Purpose of provisions 3.34.005 removal
Recordkeeping requirements 3.34.120 assessment 11.04.160
Refund, criteria, procedure 3.34.130 authority 11.04.061
Service disposal 11.04.110
supplier defined 3.34.020 franchise contract 11.04.050
user defined 3.34.020 notice to Department of Motor Vehicles
Severability of provisions 3.34.240 11.04.150
Tax notice to vehicle, property owners 11.04.062
See also Specific Subject storage
administrator defined 3.34.020 authority 11.04.120
defined 3.34.020 notice 11.04.130
Telephone corporation defined 3.34.020 time limit, disposal 11.04.140
Validity of proceedings, tax vehicle defined 11.04.010
actions, proceedings limitation 3.34.230 violation, penalty 11.04.170
generally 3.34.220 Animal transport in
See ANIIv1AL
- V - Bicycle
See BICYCLE
VEGETABLE TRUCK Delivery, pickup, commercial establishment
Business license tax rate 5.04.450 See COA~IIv1ERCIAL ESTABLISHMENT
Off-street
VEHICLE See OFF-STREET VEHICLES
See also PARKING Overweight, special permit
TRAFFIC appeals 11.37.070
applicability 11.37.020
~i61 cc~p«t~o s-~~
VEHICLE
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition 11.37.060
purpose of provisions 11.37.010
severability 11.37.080
Peddler, resa~ictions 5.20.120
Taxicab
See TAXICAB
Used motor, dealer, business license fee 5.04.490
VENDOR, ITINERANT
Business license fee 5.04.490
- W -
WASTE
See GARBAGE
WATERCOURSE POLLUTION
PREVENTION
WATCHMAN, NIGHT
See PRIVATE PATROL
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Appeals 15.12.100
Applicant defined 15.(}4.010
Charge
billing, payment 15.12.020
payment responsibility, credit establishment,
temporary service 15.12.030
City defined 15.04.010
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
exemptions 15.32.040
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Consumer defined 15.04.010
Council defined 15.04.010
Cross-connection, backflow protection
air-gap separation defined 15.30.010
approved check valve defined 15.30.010
approved double check valve assembly defined
15.30.010
approved reduced prssure principle backflow
prevention device defined 15.30.010
approved water supply defined 15.30.010
auxiliary water supply defined 15.30.010
city health officer defined 15.30.010
connection requirements 15.30.050
contamination defined 15.30.010
cross-connection defined 15.30.010
definitions 15.30.010
director defined 15.30.010
inspection
initial 15.30.070
testing 15.30.040
noncompliance, service discontinuance
15.30.060
protective device defined 15.30.010
requirements 15.30.020
responsibility 15.30.030
service connection defined 15.30.010
standards 15.30.080
Date of presentation defined 15.04.010
Defined 15.04.010
Definitions 15.04.010
Department established, manager duties 15.12.090
Facilities defined 15.04.010
Free water
See Service
Main extension defined 15.04.010
Manager defined 15.04.010
~c~P«~„ao s-~~ 662
WATER
Meter tests, error, bill adjustment 15.12.010
Notices 15.12.040
Premises defined 15.04.010
Provisions enforcement, violations, delinquencies,
disconnection 15.12.050
Rates
free service
See Service
general provisions 15.08.010
inside city limits
fue hydrant service, public 15.08.030
fire protection service, private 15.08.020
outside city limits 15.08.050
Separate premises, single control 15.08.060
Service
commercial, defined 5.04.010
defined 15.04.010
discontinuance, refusal 15.12.060
domestic, defined 15.04.010
fire hydrant, public conditions
See also FIRE
RATES
fire protection, private, conditions, rates
See Rates
free service, water prohibited, exceptions
15.08.050
industrial; defined 15.04.010
interruption, supply shortage 15.12.070
irrigation, defined 15.04.010
metered defined 15.04.010
separate premises, single control
See Rates
territory description 15.04.020
System
connections, permit, application, main extensions,
meters 15.12.080
defined 15.04.010
Violation, penalty 15.12.110
WATERCOURSE POLLUTION PREVENTION
City defined 9.18.020
Definitions 9.18.020
Duector of public works defined 9.18.020
Discharges
accidental discharge
notice, statement requirements 9.18.070
prevention, facilities, requirements 9.18.060
permitted, NPDES permit required 9.18.080
restrictions, prohibitions generally 9.18.040
stonm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
Effective date of provisions 9.18.180
Environmental fee
assessment, amount, applicability 9.18.090
collection, procedure
delinquent charges 9.18.110
generally 9.18.100
defined 9.18.020
Illicit connection defined 9.18.020
Improved properties defined 9.18.020
Nonpoint source pollution discharge
See also Purpose of provisions
defined 9.18.020
NPDES permit
See also Discharges
defined 9.18.020
Person defined 9.18.020
Purpose of provisions 9.18.010
Severability of provisions 9.18.170
Storm drain
defined 9.18.020
discharge regulations
See Discharges
Unpolluted water defined 9.18.020
Vacant parcels defined 9.18.020
663 tc~p~~oo s-~z~
WATERCOURSE POLLUTION PREVENTION
Violation
See also Discharges
administrative penalties 9.18.160
civil penalties
illicit discharges 9.18.140
provisions, permit violation 9.18.130
misdemeanor 9.18.120
notice, contents 9.18.150
Waste defined 9.18.020
Watercourse defined 9.18.020
WEAPON
See FIREARM
WEIDS
Abatement
assessment
collection as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
Urgency clause 9.08.120
WRECKING YARD
Business license fee 5.04.490
WRECK SALE
Business license fee 5.04.490
(Cupertino s-~z~ 664