1993 DecemberSUPF~LEMENT
INSERTION GUIDE
CUPERTINO I~AUNICIPAL CODE
Decennber, 1993
(Covering Ordinances through 1635)
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 bf; retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface ...............Preface
Checklist ........... Checklist
TEXT
15 ..................... 15
414 ........ ........ 41/43
94-3- 94-5 ..... .... 94-3-94-4
183- 204 ...... .. 183-197/203
313- 314 ...... ..... 313-314
320a .......... ........ 320a
376-3 -376-5 ... .. 376-3-376-5
378-1 -378-4 ... . 378-1-378-4a
445-446 ...... ..... 445-446
567- 568 ...... .... 567-568b
569- 570 ...... ..... 569-570
5 79- 5 80 ...... ..... 579-5 80
585- 586 ...... ..... 585-586
588-3 -588-6 ... .. 588-3-588-6
588-9 -588-12 .. ......... .
. .......... 588-9-588-12a
588-17-588-22 . ......... .
. .......... 588-17-588-22c
588-25-588-28 . ......... .
. .......... 588-25-588-28
588-31-588-32
............ 588-31-588-32
5 8 8-37-5 8 8-3 8 .......... .
........... 588-37-588-38
588-43-588-44 .......... .
........... 588-43-588-44
588-49-588-50 .......... .
........... 588-49-588-50
588-61-588-62 .......... .
........... 588-61-588-62
5 8 8-95-5 8 8-99 .......... .
........... 588-95-588-99
TABLES
599-600 ........... 599-600
607-614-6 ........ 607-614-6
INDEX
615- 618 ........... 615 -617
623- 624 ... ........ 623 -624
636-1 -636-2 ..... 636-1- 636-2
645- 646 ... ........ 645 -646
665- 675 ... ........ 665 -675
PREFACE
The Cupertino Municipal (ode, originally published by Book
Publishing Company in 197=~, has been kept current by regular
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the f:ditorial staff of Book Publishing
Company under the directi(-n of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similarly, chapters
and titles are numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their :subjects, and where they appear in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
Tlus supplement brings the code up to date tiuough Ordi-
nance 1635, passed October 11, 1993.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 12-93)
CHECKLIST
CUPERTINO MUMCIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 12-93 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date
Title 1:
1-8 ........................ (no date)
9-12 ........................... 9-91
12-1-12-2 ....................... 2-91
13-14 .......................... 9-89
Title 2:
15 ............................ 12-93
17-18 .......................... 7-93
19-20 .......................... 9-91
21-22 ....................... (no date)
23-24 .......................... 9-91
24-1 ............................ 9-91
25-28 ....................... (no date)
29-32 .......................... 9-91
33-34 .......................... 3-89
35/37 ........................... 5-92
38 ............................. 5-92
390 ......................... 12-93
41 /43 .......................... 12-93
44-1-~4-2 ...................... 10-93
45-56 ....................... (no date)
57-60 .......................... 3-89
60-1 ............................ 3-89
61-62 ....................... (no date)
63-64 .......................... 3-89
65-66 ......................... 12-87
67-70 ....................... (no date)
70-1-70-2 ....................... 3-89
70-3-70-4 ...................... 12-91
70-5-70-7 ....................... 5 -92
Page Number Date
77-84 ....................... (no date)
85-86 .......................... 9-91
87-90 ....................... (no date)
91-94 .......................... 5 -92
94-1-94-2 ....................... 5-92
94-3-94-4 ...................... 12-93
94-5 ............................ 5-92
95-96 ....................... (no date)
97-9 8 ......................... 10-90
99-100 ......................... 5 -92
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100-3-100-6 ..................... 5-92
100-7-100-14 .................... 9-92
Title 4:
101 ......................... (no date)
Title 5:
103 ............................ 1-90
105-114 ........................ 2-93
114-1 ........................... 2-93
115-116 ..................... (no date)
117-118 ....................... 10-93
119-122 ........................ 1-90
123-134 ..................... (no date)
135-136 ........................ 3-87
137-141 ..................... (no date)
142-1-142-2 ..................... 3-89
Title 6:
Title 3:
71 ............................. 9-92
73-74 ....................... (no date)
75-76 .......................... 2-93
143 ........................... 12-91
145-154 ..................... (no date)
155-1 S 6 ....................... 12-91
157-15 8 ....................... 10-93
(Cupertino 12-93)
Page Number Date
159-160 . . ..................... 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 8:
183-196 ....................... 12-93
197/203 ........................ 12-93
Title 9:
205 ............................ 2-93
207- 208 ... .................. (no date)
209- 210 ... ..................... 2-93
210-1 -210-2 ..................... 7-93
210-3 -210-8 ..................... 2-93
211- 212 ... .................. (no date)
213- 216 ... ..................... 3-87
217- 222 ... .................. (no date)
223- 228 ... ..................... 3-87
229- 240 ... .................. (no date)
240-1 -240-3 ..................... 2-93
241- 242c .. ..................... 2-93
242-1 -242-9 ..:.................. 9-91
Title 10:
243-244 ........................ 9-92
245-256 ..................... (no date)
257-25 8 ........................ 1-91
258-1 ........................... 9-92
259-260 ....................... 10-90
260-1 .......................... 10-90
261-268 ..................... (no date)
269-270 ....................... 11-86
271-272 ........................ 9-92
273-274 ..................... (no date)
275-276 ........................ 3-87
276-1-276-2 .................... 11-86
277-281 ..................... (no date)
Page Number Date
Title 11:
283 ............... . ............ 9-92
285-290 ..................... (no date)
291-292 ....................... 12-87
293-294 ........................ 9-91
295-296 ........................ 2-91
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ........................ 5-92
305-306 ..................... (no date)
307-308 ........................ 9-91
308-1 ........................... 9-91
309-310 ....................... 12-87
310-1 .......................... 12-87
311-312 ........................ 3-87
313-314 ....................... 12-93
315-318 ........................ 2-93
318-1 ........................... 9-91
319-3 2 0 ........................ 5 -92
320a ........................... 12-93
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 - 8 7
342-1-342-2 .................... 10-93
342-3-342-7 ..................... 9-92
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
(Cupertino 12-93) ij
Page Number Date
Title 14:
355 ............................ 7-93
357-358 ........................ 2-93
359-360 ........................ 3-89
360-1 ........................... 3-89
361-362 ........................ 2-93
362-1-362-2 ..............:...... 2-93
363-364 ..................... (no date)
365-366 ........................ 4-90
367-368 ..................... (no date)
368-1-368-4 ..................... 3-89
369-376 ..................... (no date)
376-1-376-2 ..................... 7-93
376-3-376-5 .................... 12-93
377-378 ..................... (no date)
378-1-378-4 .................... 12-93
378-4a ......................... 12-93
378-5-378-6 ..................... 2-92
379-385 ..................... (no date)
Title 15:
387 ............................ 4-90
389-392 ........................ 3-87
393-398 ........................ 2-93
399/401 ......................... 2-93
403-411 ..................... (no date)
412-1-~ 12-2 .................... 10-93
Title 16:
413 ........................... 10-90
415--~ 16 ........................ 9-92
417-418 ........................ 5-88
419-434 ..................... (no date)
435-436 ........................ 2-93
437 ........................... 12-91
43 8/440 ........................ 12 -91
441 X44 ........................ 9-92
445-446 ....................... 12 -93
447-45 6 ....................... 10-93
457-458 ..................... (no date)
45964 ........................ 9-92
464-1-464-2 ..................... 9-92
464-2a~64-2j .................... 9-92
Page Number Date
464-364-14 ................... 10-90
465-472 ..................... (no date)
473-474 ........................ 3-88
474-1-474-2 ..................... 3-88
475-~80 ........................ 3-88
480-1 X80-2 ..................... 9-92
480-3---480-19 ................... 10-90
Title 17:
481-506/516 .................... 10-93
Title 18:
517 ............................ 2-92
519-520 ....................... 10-93
521-526 ........................ 3-87
527-528 ........................ 3-88
529-532 ........................ 2-93
533-536 ........................ 3-88
537-538 ........................ 3-87
539-542 ........................ 2-93
543-546 ........................ 3-87
547-550 ........................ 2-93
550-1 ........................... 2-93
551-564 ........................ 3-87
5 65-5 6 6 ........................ 2 -92
567-568 ....................... 12-93
568a-568b ..................... 12-93
568-1-568-3 ..................... 2-92
Title 19:
S 69-5 70 ....................... 12-93
571-576 ........................ 2-93
577-578 ........................ 7-93
579-5 80 ....................... 12-93
580-1 ........................... 7-93
5 81-5 84 ........................ 2-93
5 85-5 8 6 ....................... 12 -93
5 87-5 8 8 ........................ 2-93
588-1-588-2 ..................... 2-93
588-3-588-6 .................... 12-93
588-7-588-8 ..................... 2-93
588-9-588-12 .................... 7-93
588-12a ........................ 12-93
111 (Cupertino 12-93)
Page Number Date
588-13 -588-16 ................... 2-93
588-17 -588-22 .................. 12-93
588-22a-588-22 c ................. 12-93
5 8 8-23 -5 8 8-24 ................... 2-93
5 8 8-25 -5 8 8-28 .................. 12-93
588-29 -5 88-30 ................... 2-93
588-31 -588-32 .................. 12-93
588-37 -588-38 .................. 12-93
588-39 -588-42 ................... 2-93
588-43 -588-44 .................. 12-93
5 88-45 -588-48 ................... 2-93
588-49 -5 88-50 .................. 12-93
588-51 -588-60 ................... 2-93
588-61 -588-62 ...... ........... 12-93
588-63 -588-72 ................... 2-93
588-73- 58 8-74 .................. 10-93
5 8 8 -75- 5 8 8 -90 ................... 2 -93
5 8 8 -91- 5 8 8 -94 ................... 7-93
5 8 8 -95- 5 8 8 -99 .................. 12-93
Title 20:
5 8 8-101 ......................... 2-93
Tables:
589-590 ........................ 2-93
591-592 ..................... (no date)
593-594 ........................ 2-93
595-596 ..................... (no date)
597-598 ....................... 12-91
599-600 ....................... 12-93
601-606 ........................ 2-93
607-614 ...................... 12-93
614-1-614-6 .................... 12-93
Index:
615-618 ....................... 12-93
619-620 ....................... 10-93
621-622 ........................ 2-93
623-624 ....................... 12-93
625-629 ....................... 10-93
630-1-630-2 ..................... 9-92
631-632 ........................ 2-93
Page Number Date
633-634 ....................... 10-93
636-1-636-2 .................... 12-93
636-3 ........................... 7-93
637-638 ........................ 2-93
638-1 ........................... 9-92
639-640 ....................... 10-93
641-642 ........................ 2-93
642-1 .......................... 12-91
643-644 ....................... 10-93
645-646 ....................... 12-93
647-652 ....................... 10-93
652-1 ........................... 9-92
653-654 ........................ Z-92
654-1 ........................... 2-92
655-662 ........................ 2-93
663-664 ....................... 10-93
665-675 ....................... 12-93
(Cupertino 12-93) 1V
Title 2
ADMINISTRATICIN AND PERSONNEL
Chapters:
2.04
2.08
2.12
2.16
2.20
2.24
2.28
2.30
2.32
2.36
2.40
2.48
2.52
2.56
2.60
2.64
2.68
2.72
2.74
2.76
2.78
2.80
2.84
2.86
City Council-Meeting Time and Place
City Council-Rules and Conduct of Meetings
Introduction and Passage of Ordinances
City Council-Salaries
City Clerk
City Treasurer
City Manager
Code Enforcement Officer
Planning Commission
Park and Recreation Commission
Disaster Council
Departmental Or;;anization
Personnel Code
State Employees' Retirement System
Public Safety Commission
(Reserved)
Library Commission
Expense Reimbursement
Cable Television ,advisory Committee
Municipal Elections
Landlord-Tenant Mediation-Issuance of
Subpoenas
Fine Arts Commi:~sion
Environmental Rf~view Committee
Affordable Housing Committee
I S (Cupertino 12-93)
2.48.010
Chapter 2.48
DEPARTMENTAL ORGANIZATION
Sections:
2.48.010 Purpose.
2.48.020 Departments and divisions.
2.48.030 Authority of City Manager.
2.48.010 Purpose.
The purpose of this chapter is to provide for a
more efficient organizational structure for the City,
to designate its departments and divisions, and to
describe their functions. (Ord. 484 § 1, 1971)
2.48.020 Departments and divisions.
The following departments are established:
A. Department of Administrative Services.
1. This department shall consist of the following
divisions:
a. City Clerk Division. This division shall be
charged with the duties and responsibilities of a City
Clerk as set forth by State statute and Chapter 2.20
of the Municipal Code.
b. Finance Division. This division shall be re-
sponsible for the day-to-day processing of fiscal
records, the preparation of financial statements and
the annual operating budget, the compilation of
fiscal data from which a capital improvements bud-
getmay be constructed, and the preparation of other
statistical and fiscal analysis.
c. General Services Division. This division shall
be responsible for code enforcement, personnel,
disaster preparedness, risk management and special
projects.
2. The Director of Administrative Services shall
be head of this department, with the City Clerk
being responsible for the activities within the City
Clerk Division, the Finance Officer being responsi-
ble for activities within the Finance Division, and
the General Services Manager being responsible for
activities within the General Services Division.
3. The Director of Administrative Services also
shall be appointed Treasurer and also shall act as ex
officio Assessor and shall assess and collect all City
taxes save and except for those collected by State
and County officers for the City.
B. Department of Community Development.
1. This department shall have the following
divisions:
a. Planning Division. This division shall be
responsible for current and long-range planning, the
development and maintenance of the general plan
and specific plans, and the processing of applica-
tions for use permits, variances, and changes of
zoning.
b. Building Division. This division shall be
responsible for the enforcement of the building
codes, the sign ordinance and other similar regula-
tory ordinances.
2. The Director of Community Development
shall be the head of this department, with the Build-
ing Official being responsible for activities within
the Building Division.
C. Department of Public Works.
1. This department shall have the following
divisions:
a. Street_Maintcnance Division. This division
shall be responsible for the maintenance of streets,
storm drains and street lights.
b. Buildings and Grounds Division. This divi-
sion shall be responsible for the maintenance of all
City buildings, and all grounds, including park sites,
street medians, and the civic center.
c. Water Utility Division. This division was
created under a separate ordinance, but for opera-
tional administrative purposes shall he treated as a
division of the Department of Public Works, except
for customer service, accounting, and fiscal matters.
d. Engineering and Administration Division.
This division shall be responsible for providing
engineering services and general administration for
the Department of Public Works.
2. The Director of Public Works shall be the
head of this department;
D. Department of Parks and Recreation.
1. This department shall be responsible for all
recreational programs of the City, and for the plan-
ning ,and development of existing and future park
sites. The physical maintenance of these parks,
4143 (Cupertino 12-93)
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 years experience in con-
struction work, other projects bidder worked on in
the last five years, 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 are 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 dollar 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 and construction
trade journals shall be mailed not less than ten cal-
endar days before the date of opening the bids.
C. (Repealed by Ord. 1632)
D. The City Council hereby delegates the author-
ity to award contracts pursuant to informal bidding
to the City Manager or other person designated in
writing by the City Manager. (Ord. 1632, 1993;
Ord. 1583 § 1 (part), 1992)
94-3 ~c~pert~~o iz-93~
3.23.130
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, architects, 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 extraordinazy fire, flood, storm,
epidemic or other disaster, or if it is necessazy 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 safeguazd life, health or property.
Upon adoption of the resolution, the City may ex-
pend any sum required in the emergency without
complying with this chapter;
D. Small Contracts. Any contract for supplies,
services, equipment and public works projects with
an estimated dollaz value less than the required
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 afour-fifths vote
declaring that the project can be performed more
economically by day labor or the materials or sup-
plies furnished at a lower price in the open market.
Upon adoption of the resolution, the City is relieved
from further compliance with formal bidding re-
quirements. (Ord. 1583 § 1 (part), 1992)
3.23.140 Performance bond of successful
bidder.
The City Manager has authority to require a
performance bond before entering a contract, in such
amount as the City Manager finds reasonably neces-
sary to protect the best interests of the City or as
may be required by law. If the City requires a per-
formance bond, the form and amount of the bond
shall be described in the notice inviting bids. (Ord.
1583 § 1 (part), 1992)
3.23.150 Deposit of proceeds.
The cash or proceeds collected pursuant to this
chapter shall be deposited in the fund out of which
the expenses of preparation and printing of the plans
and specifications, estimates of cost and publication
of notice aze paid. (Ord. 1583 § 1 (part), 1992)
3.23.160 Additional work by City
authority.
Notwithstanding the provisions of this chapter, if
any public works project is being performed upon
any street or utility, and the Director of Public
Works determines that additional City work is re-
quired upon the same street or utility, the Director
of Public Works may order that the additional City
work be accomplished by purchase order or contract
without complying with the bidding requirements
established in this chapter; provided, that the cost of
the additional work does not exceed the required
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),
1.992)
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)
(Cupertino 12-93) 94-4
Title 8
A1vIMALS
Chapters:
8.01 General Provisions
8.02 Care and Keeping of Animals
8.03 Regulation and Licensing of Dogs
8.04 Regulation of Cat<.~
8.05 Sale, Grooming and Boarding of Animals
8.06 Seizure and Impo~><ndment of Animals
8.07 Penalty
1 g3 (Cupertino 12-93)
8.01.010
Chapter 8.01
GENERAL PROVISIONS
Sections:
8.01.010 Purpose.
8.01.020 Definitions.
8.01.030 Contracting authority.
8.01.040 Administration by City Manager.
8.01.050 Powers of humane officer.
8.01.060 Animal shelter-Impoundment.
8.01.070 Interference with humane officer.
8.01.080 Disposition of money collected.
8.01.010 Purpose.
This title is enacted to protect the public health,
safety and welfare of the citizens of the City by
prescribing conditions under which animals may be
harbored and cared for within the City's boundaries.
(Ord. 1631 § 2 (part), 1993)
qualified as humane officers pursuant to Civil Code
Section 607f.
G. "Impounded" means having been received
into the custody of the animal shelter, animal con-
trol officer or any other authorized agent or repre-
sentative thereof.
H. "Person" and "owner" includes any firm,
corporation or establishment as well as individuals.
I. "Pet shop" means any commercial place
where animals are harbored for sale. (Ord. 1631 §
2 (part), 1993)
8.01.030 Contracting authority.
The City may contract with any corporation
formed and existing for the prevention of cruelty to
animals to enforce, in whole or in part, the provi-
sions of this title. Such contract may be entered into
by the City manager with the approval of the City
Council and shall not conflict with any of the provi-
sions of this title. (Ord. 1631 § 2 (part), 1993)
8.01.020 Definitions.
Unless the contrary is stated or clearly appears
from the context, the following definitions, as well
as the definitions provided in Chapter 1.04 of this
code, shall govern the meaning of the words and
phrases used in this title:
A. "Animal" includes any domestic bovine ani-
mal, horse, mule, burro, sheep, goat or swine, or the
hide, carcass, or portion of a carcass, of any such
animal.
B. "Animal shelter" means the facility which
harbors, impounds and places animals.
C. "Boarding kennel" means any person engaged
in the commercial boarding, training or hire of dogs
and/or cats for compensation, excluding animal
clinics, hospitals and shelters.
D. "City Manager" means the City Manager of
Cupertino or his/her designee.
E. "Grooming shop" means any commercial
place where animals are trimmed, bathed or
groomed.
F. "Humane officer" means the employees of the
Humane Society of Santa Clara Valley who have
8.01.040 Administration by City Manager.
There is conferred upon the City Manager those
powers and duties necessary for the administration
of this title, including, but not limited to, acting on
all applications for a permit required by this title
and the authority to revoke a permit issued pursuant
to this title in the manner provided for herein. (Ord.
1631 § 2 (p~u-t), 1993)
8.01.050 Powers of humane officer.
A. Enforcement of Chapter. There is conferred
upon the humane officer those powers and duties
necessary for the enforcement of state and local
animal control laws, including the powers set forth
in Civil Code Section 607f.
B. Authority to Enter Premises.
1. The human officer shall have the authority to
enter upon and inspect any premises where any
animal is kept of harbored when such entry is neces-
sary to enforce the provisions of this title or state
law concerning the prevention of cruelty to animals.
A search warrant shall he obtained whenever re-
quired by law.
185 (Cupertino 12-93)
8.01.050
2. Such entry and inspection shall be made only
after the occupant of the premises has been given
written or oral notice of the inspection by the hu-
mane officer. If the premises is unoccupied, the
humane officer shall make a reasonable effort to
locate the owner or other person having control of
the property before making entry.
3. Notwithstanding subsections B 1 and 2 of this
section, if the humane officer has reasonable cause
to believe the keeping or harboring of an animal is
so hazardous as to require an immediate inspection
to save the animal or protect public health or safety,
the humane officer shall have the power to immedi-
ately enter and inspect the property without the use
of unreasonable force. If the property is occupied,
the humane officer shall first attempt to notify the
occupant and demand entry. Failure or refusal to
grant an inspection constitutes a misdemeanor. (Ord.
1631 § 2 (part), 1993)
8.01.060 Animal shelter-Impoundment.
An animal shelter shall be designated by the City
Manager. It shall be the duty of the humane officer
to obtain and immediately deliver to the animal
shelter those animals which are directed pursuant to
this title to be impounded or which are found or
harbored contrary to the provisions of this title.
(Ord. 1631 ~ 2 (part), 1993)
8.01.070 Interference with humane officer.
It is unlawful for any person to hinder, resist and
interfere with the humane officer in the performance
of the officer's duties or to attempt to release the
animals in the officer's custody. (Ord. 1631 ~ 2
(part), 1993)
8.01.080 Disposition of money collected.
All money which is collected pursuant to this title
shall be paid into the Animal Care Fund and may
be expended only for administrative and enforce-
mentcosts incurred pursuant to this title. (Ord. 1631
2 (part), 1993)
(Cupertino 12-93) 186
8.02.010
Chapter 8.02
CARE AND KEEPING OF ANIMALS*
C. Exemption. Visually disabled persons who
use guide dogs are exempt from this section. (Ord.
1631 § 2 (part), 1993)
Sections:
8.02.010 Fences required-Animals at
large.
8.02.020 Dog defecation to be removed.
8.02.030 Bees.
8.02.040 Sanitation and other conditions
relating to animals and animal
facilities.
8.02.050 Refuse container requirements.
8.02.060 Birds, goats, pigs and rabbits.
* For statutory provisions regazding: willful poisoning of animals,
cruelty to animals, animals in specified places without proper caze
or attention, abandoned a neglected animals and fighting dogs, see
Penal Code §§ 596, 597, 597.1, 597f, 597.5, respectively; standazd
of human treatment regazding keeping of horses or other equine
animals, see Health and Safety Code §§ 25988 et seq.; bee manage-
ment, see Food and Agriculture Code §§ 29001 et seq.; injuries to'
animals, see Civil Code § 3340 and Penalty Code § 591 et seq.
8.02.010 Fences required-Animals at
large.
Any person harboring an animal, other than a cat
while not in heat, shall keep the premises upon
which the animal is kept fenced so as not to permit
such animal to run at large upon the public property
of the city or the private property of another. (Ord.
1631 § 2 (part), 1993)
8.02.020 Dog defecation to be removed.
A. It is unlawful for any person owning or hav-
ing control or custody of any dog to permit the dog
to defecate upon the public property of the City or
upon the private property of another unless the
person immediately removes the feces and properly
disposes of it.
B. It is unlawful for any person to walk a dog
on public property of the City or upon the private
property of another without carrying a suitable con-
tainer or other suitable instrument for the removal
and disposal of dog feces.
8.02.030 Bees.
Except in the agricultural zone or open space
declared area, no person shall keep or maintain in
the City any hive of bees without the express writ-
ten consent of the City and of the neighbors residing
adjacent to the subject property, whether owners or
tenants. (Ord. 1631 § 2 (part), 1993)
8.02.040 Sanitation and other conditions
relating to animals and animal
facilities.
A. All animals and all premises, enclosures or
structures wherein animals are harbored shall be
maintained in a clean and sanitary and secure condi-
tion, free from all obnoxious odors and flies.
B. All animals and all premises, enclosures or
structures wherein animals are harbored shall be
thoroughly cleaned, and all debris, refuse, manure,
urine, waste food, or other removable material shall
be removed therefrom not less than every day, but
more often as necessary.
C. All animal facilities shall be structurally
sound and shall be maintained in good repair to
protect animals from injuries.
D. All enclosures or structures wherein animals
are harbored shall be properly ventilated, and heat-
ing and cooling shall be provided as required ac-
cording to the physical needs of the animals.
E.. All premises, enclosures or structures wherein
animals are harbored shall be of sufficient size and
location to provide protection from the weather and
adequate room for the animal to move about.
F. All animals shall be provided with daily
exercise suitable for the species of the animal.
G. No animal, except animals in a pasture pro-
vided with adequate food and water, shall be with-
out attention for more than twenty-four consecutive
hours. The name, address and telephone number of
a person responsible for the animal shall be posted
in a conspicuous place, visible from outside the
facility or at the main gate of a pasture where ani-
g7 (Cupertino 12-931
8.02.040
mals are kept, unless the owner or attendant of the
animal(s) is immediately available on the premises.
H. All animals shall be provided with a constant
supply of clean water and a quantity of wholesome
food suitable for the species and age of the animal.
I. All sick, diseased or injured animals shall be
isolated from healthy animals at all times and shall
be given proper medical treatment.
J. All animals shall be treated in a humane
manner.
K. A violation of this section is declared a public
nuisance. (Ord. 1631 § 2 (part), 1993)
8.02.050 Refuse container requirements.
All refuse and manure, and any other material
conducive to attracting flies, or which would create
any obnoxious odor, shall be placed in suitable
containers which shall be removed from the premis-
es not less than once every week. (Ord. 1631 § 2
(part), 1993)
8.02.060 Birds, goats, pigs and rabbits.
No person shall hazbor, or cause to be harbored,
any bird, goat, pig or rabbit except under the fol-
lowing conditions:
A. Such animals shall under no circumstances be
permitted to run at large off the owner's property
and shall be confined within a suitable house or
coop after sundown;
B. No part of any house, coop or runway shall
be less than twenty-five feet from any dwelling or
place of business, without prior written consent, on
file with the City, of the occupant of such dwelling
or place of business;
C. No person shall keep or maintain any house,
coop or runway within twenty-five feet of any prop-
erty line of the lot or parcel of land upon which it
is situated without the unanimous prior written con-
sent, on file with the City, of the occupant of such
dwelling or place of business;
D. No person shall keep or maintain, except in
the agricultural zone or open space declared area,
more than six mature birds or rabbits without the
unanimous prior written consent, on file with the
City, of the adjacent neighbors who reside there,
whether owners or tenants;
E. No person shall raise, keep or have in their
possession, except in the agricultural zone or open
space declared azea, any live rooster, goose, peacock
or guinea hen over the age of a baby chick or gos-
ling, or any other bird which because if its size,
natural disposition, or any other characteristic con-
stitutes a hazazd or menace to persons or disturbs
the peace;
F. No person shall keep or maintain in the City,
except in the agricultural zone or open space de-
clazed azea, more than two adult goats or pigs. How-
ever, no adult male goat shall be kept or maintained
unless neutered. (Ord. 1631 § 2 (part), 1993)
(Cupertino 12-93) 188
8.03.010
Chapter 8.03
REGULATION AND LICENSING OF DOGS*
2. A dog license shall not be required for dogs
temporarily brought into the City for entry into an
event, show or exhibition. (Ord. 1631 § 2 (part),
1993)
Sections:
8.03.010 Vaccination.
8.03.020 License required.
8.03.030 License application.
8.03.040 License fee-Late fee.
8.03.050 Tag specifications-Records.
8.03.060 Duplicate tags.
8.03.070 Leash required.
8.03.080 Conditions related to seizure of
dogs.
8.03.090 Number of dogs and litters
allowed.
* For statutory provisions regazding the regulation and licensing of
dogs, see Food and Agriculture Code § 30501 et seq.
8.03.010 Vaccination.
A. Every owner of a dog over four months of
age shall cause such dog to be vaccinated with an
antirabies vaccine approved by the State Department
of Public Health. Revaccination shall be made at
such intervals as may be prescribed by the State
Department of Public Health.
B. Any animal may be exempted from the rabies
vaccination requirement upon approval of the animal
control officer, and upon presentation of an affidavit
from a licensed veterinarian stating that, in the opin-
ion of the veterinarian, the vaccination would be
injurious to the health and well-being of such ani-
mal. (Ord. 1631 § 2 (part), 1993)
8.03.020 License required.
A. No person shall keep or board any dog that
is over the age of four months for more than ten
days unless the dog is licensed as provided in this
title.
B. Exceptions:
1. A dog license shall not be required for a dog
owned or under the control of a nonresident of the
City, which is to be harbored in the City for 45 days
or less;
8.03.030 License application.
A. Each application for a dog license shall be
made to the City on the form provided and shall be
accompanied by a certificate of antirabies vacci-
nation, state the age, sex, color and breed of the dog
for which the license is desired, and the address of
the owner.
B. The term of any dog license issued under this
title commences on the date of the issuance of the
license and terminates on or before the expiration
date of the certificate of antirabies vaccination ac-
companying the application for the dog license.
C. All dog licenses issued under this title shall
be numbered and shall be in such form as provided
by the City.
D. Upon approval of the application, payment of
the applicable license fee, and payment of any appli-
cable late fee, the City shall issue a dog license
stating the name and residence of the person to
whom the license is issued, the amount of fee paid,
the date of issuance and expiration thereof, the date
of expiration of the vaccination, and a description
of the dog for which the license is issued, together
with the number of the dog tag which shall be in-
cluded with the license. Such license shall not be
transferable to another owner or guardian and shall
not be valid for another dog. (Ord. 1631 ~ 2 (part),
1993)
8.03.040 License fee-Late fee.
A. The fee for a dog license issued under this
title, except as provided in subsections B, C and D
of this section, shall be as set forth in the municipal
fee schedule.
B. The license fee for spayed female dogs and
neutered male dogs shall be one-half of the fee
listed in the municipal schedule for subsection A of
this section.
C. No person having impaired hearing of eye-
sight shall be required to pay any license fee for any
189 (Cupertino 12-93)
8.03.040
dog specially trained for the purpose of guiding
such person.
D. Licenses for police dogs shall be issued with-
out charge.
E. If a person fails to obtain a dog license within
ten days after service of a written notice that such
license is required, or thirty days after the expiration
of a dog license of after acquiring a dog or moving
into the City with a dog, then a late fee as set forth
in the municipal fee schedule shall be chazged in
addition to the applicable license fee. (Ord. 1631 §
2 (part), 1993)
8.03.050 Tag specifications-Records.
A dog tag bearing the words "Cupertino Dog
Tag" and an identification number inscribed thereon
shall be furnished to the owner or guardian of the
dog with each initial dog license. The City shall
keep a record of identification numbers, licenses
issued, a general description of each dog for which
an identification number and license are issued, and
the name, address and telephone number of the
owner or guardian of the dog. It shall be the respon-
sibility of every dog owner to ensure that the City
has on file the current address and telephone number
for any licensed dog. (Ord. 1631 § 2 (part), 1993)
8.03.060 Duplicate tags.
Whenever any tag as provided in this title is lost
or stolen, the City shall issue a duplicate upon appli-
cation therefore and upon the payment of a fee as
set forth in the municipal fee schedule. (Ord. 1631
§ 2 (part), 1993)
8.03.070 Leash required.
No person owning or harboring any dog shall
allow or permit such dog to be upon a public street,
sidewalk, park or schoolground except when held by
means of a leash not to exceed six feet in length.
(Ord. 1631 § 2 (part), 1993)
8.03.080 Conditions related to seizure of
dogs.
A. The humane officer shall not seize or im-
pound adog for violation of an ordinance requiring
a dog to be leashed or issue citations for violations
of such ordinance when the dog has not strayed
from and is upon private property owned by the dog
owner or the person who has the right to control the
dog, or upon private property with the consent of
the owner or person with a right of possession of
the property.
B. A dog that has strayed from but then returned
to the private property of its owner or the person
who has a right to control the dog, or a stray dog
whose owner's name, residence or telephone number
is provided on identification worn by the dog, shall
not be seized or impounded. However, in such cases
a citation may be issued; provided, that if in such
a situation the owner or person who has a right to
control the dog is not home, the dog may be im-
pounded, but the humane officer shall post a notice
of such impounding on the front door of the dwell-
ing of the owner or person who has a right to con-
trol the dog. Such notice shall state the following:
1. That the dog has been impounded;
2. Where the dog is being held;
3. The name, address and telephone number of
the agency or person to be contacted regarding
release of the dog; and
4. An indication of the ultimate disposition of
the dog if no action to regain the dog is taken with-
in ten days, excluding the day of impoundment,
weekends, holidays and days which the impounding
facility is closed. (Ord. 1631 § 2 (part), 1993)
8.03.090 Number of dogs and litters
allowed.
No more than three dogs over four months of
age, including no more than one unspayed female,
may be harbored on any premises within the City
without a valid permit issued by the City for a
boarding kennel, pet or grooming shop or animal
shelter, clinic or hospital, except a premises main-
tained by a veterinarian licensed by the state for the
practice of veterinary medicine. A female dog shall
(Cupertino 12-93) 190
8.03.090
be rebuttably presumed to be unspayed, unless the
owner provides evidence of spaying. Written certifi-
cation from a licensed veterinarian that a dog cannot
be spayed or neutered for health reasons or is inca-
pable of breeding shall be deemed a satisfactory
substitution for a certificate showing the dog has
been spayed or neutered. (Ord. 1631 § 2 (part),
1993)
191
(Cupertino 12-93)
8.04.010
Chapter 8.04
REGULATION OF CATS*
Sections:
8.04.010 Number of cats and litters
allowed.
8.04.020 Registration required.
* For statutory provisions regazdiag regulation of cats, see Food and
Agriculture Code § 31750 et seq.
8.04.010 Number of cats and litters
allowed.
No more than three cats over four months of age,
including no more than one unspayed female, may
be hazbored on any premises within the City without
a valid permit issued by the city for a boarding
kennel, pet or grooming shop or animal shelter,
clinic or hospital, except a premises maintained by
a veterinarian licensed by the state for the practice
of veterinary medicine. A female cat shall be rebut-
tably presumed to be unspayed, unless the owner
provides evidence of spaying. Written certification
from a licensed veterinarian that a cat cannot be
spayed or neutered for health reasons or is incapable
of breeding shall be deemed a satisfactory substitu-
tion for a certificate showing the cat has been
spayed or neutered. (Ord. 1631 § 2 (part), 1993)
8.04.020 Registration required.
No person shall keep or board any cat that is over
the age of four months for more than forty-five
days, unless a registration certificate is issued by the
City stating the name and address of the person to
whom the certificate is issued, the date of issuance,
a description of the cat for which the certificate is
issued, and the number of the cat tag. With each
certificate the City shall issue a cat tag bearing an
identifying number and the words and letters "Cu-
pertino Cat I.D." The fees for the cat registration,
and for a duplicate tag if necessary, shall be as set
forth in the municipal fee schedule. The City shall
maintain a registry of all cat registration certificates.
(Ord. 1631 § 2 (part), 1993)
(Cupertino 12-93) ] 92
8.05.010
Chapter 8.05
SALE, GROOMING AND
BOARDING OF ANIMALS*
Sections:
8.05.010 Sale of animals restricted.
8.05.020 Pet or grooming shop and
boarding kennel-Permit
required.
* For statutory provisions regazding: retail sales of dogs or cats, see
Health and Safety Code § 25995 et seq.; sale of dogs by breeder,
see Health and Safety Code § 25989.Stb et seq.; negligent opera-
tion of pet shop, see Penal Code § 5971; prohibition against selling
or giving dog or cat unless spayed or neutered, see Food and
Agriculture Code §§ 30503, 31751.
8.05.010 Sale of animals restricted.
A. No person shall sell or display any rabbits,
baby chicks, ducklings or other fowl which have
been dyed, colored or otherwise treated so as to
impart to them an artificial color.
B. No person shall sell or give away any animal
upon any street, sidewalk, park or schoolground.
C. No person shall sell or give away any rabbits,
baby chicks, ducklings or other fowl under four
weeks of age.
D. No person, other than a licensed animal shel-
ter, shall sell or give away any cat or dog under
eight weeks of age. (Ord. 1631 ~ 2 (part), 1993)
8.05.020 Pet or grooming shop and
boarding kennel-Permit
required.
A. Permit Required-Application Fee. Any
person who owns a pet or grooming shop or board-
ing kennel shall secure a permit for operation from
the City. Applications for a permit shall be filed
with the City Manager on forms provided by the
City and shall sate the maximum number of ani-
mals, including type of animal, to be harbored at
any one time. The permit fee shall be as set forth in
the municipal fee schedule.
B. Permit Conditions. Conditions to secure the
purposes of this chapter may be imposed upon a
permit at the time of issuance or at such later date
as the animal control officer deems necessary. Un-
announced routine inspections of the pet or groom-
ing shop or boarding kennel shall be required by the
humane officer to insure compliance with this title.
Such inspections shall be an automatic condition of
permit approval. Upon the issuance of a permit, the
permittee shall maintain a record of the names and
addresses of person from whom animals are re-
ceived and to whom the animals are sold and shall
make such record available to the humane officer
upon request.
C. Denial or Revocation of Permit. The City
Manager may deny or revoke any permit requested
or issued pursuant to this chapter in the following
situations:
1. Whenever he/she determines by inspection
that any animal facility fails to meet any conditions
of the permit, this title or applicable state law;
2. Whenever he/she has reason to believe that
the applicant or permit holder has willfully withheld
or falsified any information required for a permit;
or
3. If the applicant or permit holder has been
convicted by a court of law or more than two viola-
tions of this title in a twelve-month period, or of
state laws relating to animals, or has been convicted
of cruelty to animals in California or any other state
within the previous five years. For the purposes of
this section, a bail or forfeiture shall he deemed to
be a conviction of the offense charged.
D. Notification of Denial or Revocation. The
City shall notify the applicant in writing of the City
Manager's decision to deny or revoke the permit,
the reasons for such denial or revocation, and the
applicant's right to appeal such decision within five
working days from the date of such notice.
E. Appeal from Denial or Revocation of Permit.
1. The applicant may appeal the City Manager's
decision to deny or revoke a permit to the City
Council by filing a notice of appeal with the City
Clerk within five working days from the date of
written notification of the City Manager's decision.
The notice of appeal shall be on a form provided by
the City Clerk and shall state the reasons why the
applicant believes that the decision does not comply
193 (Cupertino 12-93)
8.05.020
with the provisions of this chapter. The City Clerk
shall set the time and place for heazing and cause
notice of such hearing to be mailed to the applicant
at least five calendar days before the date of the
hearing. The City Council's decision shall be final.
2. If the applicant does not file an appeal within
five working days after notification, or does not
attend the appeal heazing either personally or
through an authorized representative, the applicant
waives the right to appeal.
F. No New Permit After Denial or Revocation.
If a permit has been denied or revoked, a new appli-
cation for a permit from the same person for the
same activity at the same location shall not be ac-
cepted less than six months after such denial or
revocation, unless the City Manager finds pursuant
to inspection and/or investigation, that the grounds
upon which the first application was denied or the
permit revoked no longer exist.
G. Expiration and Renewal of Permit. Any per-
mit issued by the City shall expire twelve months
from the date of issuance. The procedure for the
renewal of a permit shall be the same as for an
original permit. (Ord. 1631 § 2 (part), 1993)
(Cupertino 12-93) 194
8.06.010
Chapter 8.06
SEIZURE AND IMPOUNDMENT
OF ANIMALS
Sections:
8.06.010 Disposition of impounded
animals.
8.06.020 Care of impounded animals.
8.06.030 Impoundment fee.
8.06.040 Seizure and post-seizure
hearing.
8.06.050 Hearing prior to animal
deprivation.
8.06.010 Disposition of impounded
animals.
A. No animal may be disposed of until at least
seventy-two hours have elapsed from the time of
impoundment, excluding the day of impoundment,
weekends, holidays and days which the impounding
facility is closed to the public.
B. Notwithstanding anything to the contrazy, an
animal which has been determined by a veterinarian
licensed by the state or by other authorized person-
nel, to be diseased or injured to the extent that
emergency veterinary care will not alleviate intense
suffering shall be destroyed in accordance with state
law as soon as possible. (Ord. 1631 § 2 (part),
1993)
8.06.020 Care of impounded animals.
The animal shelter shall provide all impounded
animals with adequate food, water, exercise and
shelter. (Ord. 1631 § 2 (part), 1993)
8.06.030 Impoundment fee.
A fee shall be chazged to the owner or person
entitled to custody of each animal impounded in the
amount of twenty-five dollazs for each impound-
ment. (Ord. 1631 § 2 (part), 1993)
8.06.040 Seizure and post-seizure hearing.
A. Except as provided in Section 8.03.080, a
human officer may seize and impound an animal for
violation of any provision of this title or any provi-
sion of the state law prior to a hearing in any of the
following situations where the owner is not present
and where the officer reasonably believes that such
seizure is necessary to:
1. Protect public health, safety or property; or
2. Protect an animal which is injured, sick or
starving and must be Gazed for; or
3. Protect from injury an animal which has
strayed onto public property or public right-of--way.
B. Appeal. If the owner or person entitled to
custody of the animal wishes to challenge the im-
poundment, they shall personally deliver or mail to
the City Clerk a written request for a hearing before
the City Manager. Such request must be received by
the City within seventy-two hours of the impound-
ment, excluding the day of impoundment.
C. Hearing.
1. The City Clerk shall promptly set the time
and place for the hearing and shall cause notice of
such heazing to be deposited in the mail to the party
requesting the hearing at least ten workdays before
the date of the hearing. Pending the date of the
hearing, the animal shall be released without the
impoundment fee being imposed.
2. At the hearing, the petitioner and the humane
officer may be represented by counsel, may present
oral and written evidence, and may crossexamine
witnesses. Strict rules of evidence need not apply.
At the conclusion of the hearing, the City Manager
shall determine whether the humane officer had
authority pursuant to state or local law to impound
the animal. If so, the impoundment fee must be
paid. The decision of the City Manager shall be
supported by the weight of the evidence and shall
be final. (Ord. 1631 § 2 (part), 1993)
8.06.050 Hearing prior to animal
deprivation.
A. Except as provided in Sections 8.03.080 and
8.06.040, the humane officer may not seize or im-
pound any animal, without the consent of the owner
or person entitled to custody of the animal, unless
a heazing is held as set forth in Section 8.06.040C.
195 (Cupertino 12-93)
8.06.050
B. If the owner or person entitled to custody of
an animal refuses to consent to an impoundment of
the animal, the humane officer may issue a notice
setting the date and time of an appeal hearing and
commanding the person to appear before the City
Manager at that time.
C. Failure to appear at the hearing is grounds for
seizure and impoundment of the animal. (Ord. 1631
§ 2 (part), 1993)
(Cupertino 12-93) 196
8.07.010
Chapter 8.07
PENALTY
Sections:
8.07.010 Violation-Penalty.
8.07.020 Remedies cumulative.
8.07.010 Violation-Penalty.
Unless the contrary is stated, any person who
violates any provision of this title shall be guilty of
an infraction and upon conviction thereof shall be
punished as provided in Chapter 1.12 of the this
code. (Ord. 1631 § 2 (part), 1993)
8.07.020 Remedies cumulative.
All remedies prescribed hereunder shall be cumu-
lative, and the use of one or more remedies by the
City shall not bar the use of any other remedy for
the purpose of enforcing the provisions of this title.
(Ord. 1631 § 2 (part), 1993)
197/203 (Cupertino 12-93)
11.24.110
paint on the curb or edge of the paved portion o1'
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7. 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle:
within any parkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,.
custody, or control any vehicle or trailer shall park:
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall park a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the:
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner o1'
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 mean<.;
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned or,~
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 an}'
day on any of the following streets or portions o1'
streets within the City, as set out in Table'
11.24.150. (Ord. 1605, 1992; Ord. 1589, 1992; Ord.
1578, 1992; Ord. 1577, 1992; Ord. 1564, 1991; Ord.
1562, 1991; Ord. 1553, 1991; Ord. 1547 (part),
1991; Ord. 1521, 1990; Ord. 1467, 1988; Ord. 1455,
1988; Ord. 1454, 1988; Ord. 1446,1988; Ord. 1439,
1988; Ord. 1428, 1987; Ord 1423, 1987; Ord. 1419
(part), 1987; Ord. 1409 (part), 1987; Ord. 1405
(part), 1987; Ord. 1397, 1987; Ord. 1395, 1986;
Ord. 1390 (part), 1986; Ord. 1388, 1986; Ord. 1357,
1986; Ord. 1351, 1986; Ord. 1338, 1986; Ord. 1325,
1985; Ord. 1304, 1985; Ord. 1302, 1985; Ord. 1189
(part), 1984; Ord. 1285, 1984; Ord. 1276 (part),
1984; Ord. 1266, 1984; Ord. 1245 (part), 1983; Ord.
1221, 1983; Ord. 1218, 1983; Ord. 1203 (part),
1982; Ord. 1178, 1982; Ord. 1172 (part), 1982; Ord.
1170, 1982; Ord. 1156, 1982; Ord. 1152 (part),
1981; Ord. 1151 (part), 1981; Ord. 1148, 1981; Ord.
1140, 1981; Ord. 1129, 1981; Ord. 1124 (part),
1981; Ord. 1118 (part), 1981; Ord. 1115, 1981; Ord.
1097, 1981; Ord. 1072, 1980; Ord. 1069, 1980; Ord.
1058, 1980; Ord. 1025, 1980; Ord. 1001, 1980; Ord.
993, 1980; Ord. 992, 1980; Ord. 980, 1980; Ord.
971 (part), 1980; Ord. 927, 1979; Ord. 908, 1979;
Ord. 899, 1978; Ord. 886 § 1, 1978; Ord. 873 § 2,
1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or park any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1633, 1993; Ord. 1547 (part), 1991; Ord. 1545,
1990; Ord. 1518, 1990; Ord. 1476 (part), 1988; Ord.
1427, 1987; Ord. 1422, 1987; Ord. 1392, 1986; Ord.
1390 (part), 1986; Ord. 1369, 1986; Ord. 1276
(part), 1984; Ord. 1265, 1984; Ord. 1264, 1984; Ord
1245 (part) 1983; Ord. 1203 (part), 1982; Ord. 1172
(part), 1982; Ord. 1152 (part) 1981; Ord 1151 (part),
1981; Ord. 1135, 1981; Ord. 1124 (part), 1981; Ord.
1118 (part), 1981; Ord. 1074, 1980; Ord. 1007,
1980; Ord. 999 (part), 1980; Ord. 971 (part), 1980;
Ord. 873 § 3, 1973; Ord. 843 § 10.2, 1977)
313 (QipMino 12-93)
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 terminus
Avenue (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 Anna 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
(Cupertino 12-93)
314
Table 11.24.160 (Continued)
Sheet Hours Sides oC Streec Porliou Exceptiowa
Finch Avenue 8 am. to 5 p.m. East Between Craft Drive and a Holidays and Sundays
point 300 feet South of
Sorenson Avenue
Franco Court 2 am. to 6 a.m. Both Between Homestead None
southerly [o the southern
terminus
Greenwood 8 am. to 2 p.m. Both All Monday, Wednesday, 'ITturs-
Court day, Friday, Saturday, Sun-
day and Holidays
320a (t~pertino 12-93)
14.15.020
"Overhead sprinkler irrigation system" means
those with high flow rates (pop-ups, impulse sprin-
klers, rooters, etc.)
"Overspray" means the water which is delivered
beyond the landscape azea, wetting pavements,
walks, structures, or other nonlandscaped areas.
"Planting zones" means the zones identified for
or by the sunset planting guide as being planting
azeas which aze defined by water requirements for
plant types, when in sun, exposure, public street
visibility, project activity, focus and use areas, re-
gional climate, type of project, established design
patterns on adjacent or neazby development, micro-
climates created within the project.
"Rain sensing device" means a system which
automatically shuts off the irrigation system when
it rains.
"Record drawing" or "as builts" means a set of
reproducible drawings which show significant
changes in the work made during construction
which aze usually based on drawings marked up in
the field and other data furnished by the contractor.
"Recreational azea" means areas of active play or
recreation such as sports fields, school yards, picnic
grounds or other areas with intense foot traffic.
"Recycled water," "reclaimed water," or "treated
sewage effluent water" means treated or recycled
wastewater of a quality suitable for nonpotable uses,
such as landscape irrigation, not intended for human
consumption.
"Referenced evapotranspiration or ETo" means
a standard measurement of environmental meter
which affect the water use of plants. ETo is given
in inches per day, month or year and is an estimate
of the evapotranspiration of a large field of four-to-
seven-inch tall, cool-season grass that is well wa-
tered. Referenced evapotranspiration is the maxi-
mum applied water allowances so that regional
differences in climate can be'accommodated.
"Registered historic sites" means a property for-
mally designated by the Secretary of the Interior as
having National or State historic significance.
"Rehabilitation ofrehabilitated landscape" means
any relandscaping project that requires a permit.
"Run-off' means water which is not absorbed by
the soil or landscape to which it is applied and
flows from the azea. For example, run-off may result
from water that is applied at too great a rate (appli-
cation rate exceeds infiltration rate) or when there
is a severe slope.
"Soil moisture sensing device" means device that
measures the amount of water in the soil.
"Soil texture" means the classification of soil
based on the percentage of sand, silt, and clay in the
soil.
"Sprinkler head" means a device which sprays
water through a nozzle.
"Station" means an azea served by one valve or
by a set of valves that operate simultaneously.
"Turf' means a surface layer of earth containing
a mowed grass with its root. Annual bluegrass,
Kentucky bluegrass, perennial ryegrass, Red fescue,
and Tall fescue are cool-season grasses. Bermuda
grass, Kikuyugrass, Seashore paspalum, St.
Augustinegrass, Zoysiagrass, and Buffalo grass aze
warm-seasoned grasses.
"Valve" means a device used to control the flow
of water in the irrigation system. (Ord. 1615 (part),
1993)
14.15.030 Applicability.
A. Except as provided in Section 14.15.040, this
chapter shall apply to:
1. All new and rehabilitated landscaping in any
zoning district, conceptual zoning plan azea or spe-
cial district that requires public review by the Archi-
tectural Site Approval Committee or Planning Com-
mission or City Council. (Ord. 1615 (part), 1993)
14.15.040 Exception-Exemption.
This section shall not apply to:
A. New or renovated landscape areas compris-
ing less than two thousand five hundred square feet.
Areas in this category shall submit a landscape plan
to be approved by the Director of Community De-
velopment and that complies with the addendum
guidelines of the ordinance codified in this chapter;
B. Cemeteries;
C. Registered historical sites;
? 76-3 (apert;no 12-93)
14.15.040
D. Ecological restoration projects that do not
required a permanent irrigation system;
E. The Planning Commission may permit up to
ten percent of all plantings to be nondrought tolerant
varieties as long as they are grouped together and
can be irrigated sepazately;
F. The City may allow departures from this
chapter for school yards and public parks and adja-
cent to thematic streetscapes, such as those estab-
lishedunder the NoRh DeAnza Boulevazd conceptu-
al plan or Stevens Creek Boulevazd conceptional
zoning plan, given the number of yeazs that have
gone into establishing the landscape boulevard set-
backs and their unique contribution to Cupertino
civic identity. The City shall attempt to apply the
guidelines elsewhere on these sites to achieve the
highest possible degree of water savings in the
overall design;
G. Single-family residences located in an (R-1)
zoning district. (Ord. 1630 (part), 1993; Ord. 1615
(part), 1993)
14.15.050 Provision for new and
rehabilitated landscapes.
Conceptual landscape planting and irrigation
system design plans will be submitted for City re-
view prior to issuance of building permits. The
plans for both the landscape area and irrigation
systems should be designed under the direction of
and be certified by a State of California licensed
landscape architect. The plans are to be scaled and
dimensioned accurately, and shall be reviewed in
accordance with the following directions:
A. For projects located in zoning districts which
require Planning Commission review, the conceptual
landscape planting/irrigation system design plan
shall be approved by the Planning Commission.
B. For projects located in planned development
zoning districts, or within the geographic limits of
an area governed by a specific plan or conceptual
zoning plan, the conceptual landscape plant-
ing/irrigation system design plan shall be approved
by the Planning Commission as part of the defini-
tive development plan for the overall project. Re-
view of the final landscape planting and irrigation
system plans will be subject to City Staff review in
conjunction with specifications and plans for issu-
ance of a building permit. The conceptual zoning
plans must include the following:
1. All property lines and street names;
2. Location of all existing and proposed build-
ings;
3. Location of all existing and proposed walks,
driveways, fences, pools, ponds, water features and
retaining walls;
4. All existing landscaping proposed to be re-
moved;
5. Calculations showing the turf area, water
azea, shrub/tree azea, area for annuals and of turf
slopes steeper than ten percent;
6. Details of spray, ground cover, shrub and tree
irrigation installation;
7. Identification of plant zones;
8. Location type and size of all existing and
proposed plants, including turf.
C. The final landscape planting and irrigation
system plans must include all the information con-
tained in the conceptual zoning plans and the fol-
lowing additional information:
1. Landscape architect compliance statement
(Appendix A of the ordinance codified in this chap-
ter and on file in the office of the city clerk);
2. Calculation of the maximum applied water
allowance (twenty-three gallons per squaze foot
multiplied by the landscape azea in squaze feet.
Based upon the Cupertino ETo of fogy-five inches
per year);
3. Calculation of the estimated applied water
use;
4. Calculation of the estimated total water use;
5. Landscape design plan;
6. Irrigation design plan:
a. Location, type and size of all irrigation com-
ponents, including water meter(s),
b. Siatic water pressure at the point of connec-
tion, gallons per minute,
c. Precipitation rates and gallons per minute for
all control valve circuits,
d. Required operating pressure for each valve
circuit;
(Cupertino 12-93) 3'~(~
14.15.050
7. Irrigation schedules to:
a. Establish new plant material,
b. Maintain plant material after the first yeaz for
spring and fall seasons,
c. Maintain plant material for the summer sea-
son after the first year,
d. Length of time the system will run for each
valve circuit,
e. Days that the system will operate for each
program,
f. Starting times of the irrigation schedules,
g. Estimated rates of water absorption and run-
off for each landscape/irrigation zone,
h. Estimated water consumption for turf, shrub
and tree azeas and for the entire landscape plan;
8. Maintenance schedules;
9. Landscape irrigation audit schedule;
10. Soil analysis (type and quantity of soil
amendment and mulch to be added to project soils).
D. The plans shall not require more water use
than the maximum applied water allowance.
E. A copy of the approved landscape documen-
tation package shall be provided to the property
owner or site manager along with the record
drawings and any other information normally for-
wazded to the property owner and site manager.
(Ord. 1630 (part), 1993; Ord. 1615 (part), 1993)
14.15.060 Appeal.
Any person who is aggrieved by any action taken
by any City body or official may appeal, by filing
a written notice of appeal with the City Clerk within
fourteen calendar days. Such appeal shall be heard
by the City Council which may affirm, amend, or
reverse the order, or take other action deemed ap-
propriate. The Clerk shall give written notice of the
time and place of the hearing to the appellant and
any other person requesting notice. In conducting
the City Council shall not be limited by the techni-
cal rules of the evidence. (Ord. 1615 (part), 1993)
14.15.070 Violation-Penalty.
Any person who violates the provision of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of the Cupertino Municipal Code.
(Ord. 1615 (part), 1993)
14.15.080 Severability.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
The legislative body hereby declazes that it would
have passed the ordinance codified in this chapter
and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses or
phrases be declazed unconstitutional. (Ord. 1615
(part), 1993)
.376-5 (Cupertino 12-93)
14.18.010
Chapter 14.18
HERITAGE AND SPECIMEN TREES
Sections:
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Retention promoted.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Identification tag.
14.18.090 Application to remove.
14.18.100 Notice list to accompany
application.
14.18.110 Appeal.
14.18.120 Permit required for removal.
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.150 Application for permit.
14.18.160 Director to inspect.
14.18.170 Review of application.
14.18.180 Review standards.
14.18.190 Protection during construction.
14.18.200 Protection plan before permit
granted.
14,18.210 Applicant to guarantee
protection.
14.18.220 Notice of action on
permit-Appeal.
14.18.230 Penalty.
14.18.240 Severability.
14.18.010 Purpose.
In enacting this chapter, the City of Cupertino
recognizes the substantial economic, environmental,
and aesthetic importance of its tree population. The
City finds that the preservation of specimen and
heritage trees on private and public property, and
the protection of all trees during construction, is
necessary for the best interests of the City and of
the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality develop-
ment;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rainwaters, thereby
preventing erosion of top soil, protecting against
flood hazards and the risk of landslides;
E. Counteract air pollutants by protecting the
known capacity of trees to produce pure oxygen
from carbon dioxide;
F. Maintain the climatic balance (e.g. provide
shade);
G. Help decrease potential damage from wind
velocities;
H. Protect specimen and heritage oak trees.
For the above reasons, the City finds it is in the
public interest, convenience and necessity to enact
regulations controlling the care and removal of
specimen and heritage trees within the City in order
to retain as many trees as possible, consistent with
the individual rights to develop, maintain and enjoy
private and public property to the fullest possible
extent.
Specimen and -heritage trees are considered a
valuable asset to the community. The protection of
such trees in all zoning districts including residential
zones is intended to preserve this valuable asset.
(Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated
in the County of Santa Clara, California.
B. "Developed residential" means any legal lot
of record, zoned single-family, duplex, agricultural
residential and residential hillside, with any structure
(principal or accessory) constructed thereon.
C. "Heritage tree" means any tree or grove of
trees which, because of factors including, but not
limited to, its historic value, unique quality, girth,
height or species, has been found by the Architec-
tural and Site Approval Committee to have a special
significance to the community.
D. "Oak tree" shall include all trees of oak ge-
nus, including, but not limited to, the Valley Oak
378-1 (Cl~pertino 12-93)
14.18.020
(Quercus lobata) and California Live Oak (Quercus
agrifolia).
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such
owner.
F. "Person" shall include an individual, a firm,
an association, acorporation, a co-partnership, and
the lessees, trustees, receivers, agents, servants and
employees of any such person.
G. "Private property" shall include all property
not owned by the City or any other public agency.
H. "Public property" includes all property owned
by the City or any other public agency.
I. "Specimen tree" means any one of the fol-
lowing:
1. A tree which has a trunk with a circumfer-
ence of thiRy-one inches, is approximately ten or
more inches in diameter, measured at three feet
above natural grade slope;
2. A tree required to be protected as part of a
zoning, tentative map or use permit action;
3. Any oak genus, of a size described in para-
graph 1.
J. "Tree removal" means the destruction of any
specimen tree by cutting, retarding, girdling, or
applying chemicals. (Ord. 1573 § 3, 1991: Ord.
1543 § 3, 1991)
14.18.030 Retention promoted.
Heritage trees are considered an asset to the com-
munity and the pride of ownership and retention of
these species shall be promoted. (Ord. 1543 § 4.1,
1991)
14.18.040 Designation.
Upon recommendation by the Director, the Plan-
ning Commission may, by resolution, designate a
tree or grove of trees as a heritage tree(s). Prior to
adoption of such a resolution, not less than ten days
written notice shall be delivered to the owner. If
the owner of the property protests the designation
an appeal can be initiated. (Ord. 1630 (part), 1993;
Ord. 1543 § 4.2, 1991)
14.18.050 Heritage tree list.
A heritage tree list shall be created and amended
by resolution. The list shall include the reason for
designation, tree circumference, species name, com-
mon name, location and heritage tree number. (Ord.
1543 § 4.3, 1991)
14.18.060 Plan of protection.
A. The Planning Commission shall consider a
plan of protection developed by the Community
Development Department or aCity-retained certified
arborist. The protection plan shall include informa-
tion for correct pruning, maintenance and fertiliza-
tion methods.
B. It shall be the property owner(s) responsibili-
ty to protect the tree. The plan shall be provided for
his/her use at his/her discretion in order to obtain
the retention objection. (Ord. 1630 (part), 1993;
1543 §§ 4.4, 4.5, 1991)
14.18.070 Recordation.
Heritage and specimen trees required to be re-
tained under Section 14.81.020(I)(2), except for
trees on public property, shall have retention infor-
mation placed on the property deed via a conserva-
tioneasement infavor ofthe City, private covenant,
or other method as deemed appropriate by the Di-
rector. The recordation shall be completed by the
property owner at the time of use permit, zoning,
tentative map or initial/new building permit issu-
ance. (Ord. 1573 § 4.6, 1991: Ord. 1543 § 4.6,
1991)
14.18.080 Identification tag.
Heritage trees shall have on them an identifica-
tiontag, purchased and placed by the City, inscribed
with the following information:
CITY OF CUPERTINO
HERITAGE TREE NO. _
Please do not prune or cut
before contacting the City.
(Ord. 1543 § 4.7, 1991)
(Cupertino 12-93) 3'78_2
14.18.090
14.18.090 Application to remove.
If an application for heritage tree removal is
submitted, the request shall be forwarded to the
Planning Commission for review and approval. It is
the applicant's responsibility to provide supporting
documents as requested by staff or the Planning
Commission. (Ord. 1630 (part), 1993: Ord. 1543 §
4.8, 1991)
14.18.100 Notice list to accompany
application.
The applicant shall provide with the application
a list of names of all persons owning and/or occupy-
ing real property located within three hundred feet
of the property involved in the application. Where
a property is a multifamily dwelling with more than
four units, the name of the building manager will be
supplied on the list. Notice of the Planning Commis-
sionhearing will be mailed to the names on the list.
(Ord. 1630 (part), 1993: Ord. 1543 § 4.9, 1991)
14.18.110 Appeal.
An appeal of the Planning Commission's decision
may be submitted to the City Council, in care of the
City Clerk within five working days of the decision.
No tree shall be removed until the appeal process
has been concluded. (Ord. 1630 (part), 1993; Ord.
1573 § 4.10, 1991: Ord. 1543 § 4.10, 1991)
14.18.120 Permit required for removal.
Except as provided in Section 14.18.140, no
person shall directly or indirectly remove or cause
to be removed any specimen or heritage tree as
herein defined, within the City limits, without first
obtaining a permit to do so in accordance with the
procedures set forth in this chapter. (Ord. 1543 §
5.1, 1991)
14.18.130 Enforcing authority.
The Director of Community Development, or
his/her authorized representative, shall be charged
with the enforcement of this chapter. (Ord. 1543 §
6.1, 1991)
14.18.140 Exemptions.
This chapter does not apply to the following:
A. Removal incase of emergency caused by the
hazardous or dangerous condition of a tree, requir-
ingimmediate action for the safety of life or proper-
ty (e.g. a tree about to topple onto a principle dwell-
ing due to heavy wind velocities). A subsequent
application for tree removal must be filed within
five working days as described in Sections
14.18.150-14.18.170 of this chapter.
B. Removal of all deciduous, fruit-bearing trees.
C. An approval for the removal of any tree
granted by virtue of a zoning, use permit, variance,
tentative map, or Planning Commission application
approval.
D. Removal of any tree except heritage trees or
specimen oak trees in a developed residential single-
family, residential duplex, agricultural residential,
and residential hillside zoning district.
E. Public utility actions, under the jurisdiction
of the Public UGli6es Commission of the State of
California; as may be necessary to comply with their
safety regulations, or to maintain the safe operation
of their facilities. (Ord. 1630 (part), 1993; Ord. 1543
§ 7.1, 1991)
14.18.150 Application for permit.
A. Applications for specimen or heritage tree
removal permits shall be filed with the Department
of Community Development on forms prescribed by
the Director of Community Development and shall
state the number and location of the trees to be
removed, and the reason for removal of each.
B. Applications for heritage tree removal shall
be referred to the Planning Commission for final
review and approval in accordance with Sections
14.18.090, 14.18.100 and 14.18.110. Requests shall
be reviewed pursuant to Section 14.18.110. (Ord.
1630 (part), 1993; Ord. 1573 § 8.1 (part), 1991:
Ord. 1543 § 8.1 (part), 1991)
14.18.160 Director to inspect.
Upon receipt of an application for removal of a
specimen tree, the Director of Community Develop-
ment orhis/her authorized representative will, within
378-3 ~c~pen~oo iz-93~
14.18.160
fourteen days, inspect the premises and evaluate the
request pursuant to Section 14.18.180 of this chap-
ter. Priority of inspection shall be given to those re-
quests based on hazard or danger of disease. The
Director of Community Development may refer any
such application to another department or to the
Planning Comrrvssion or an appropriate committee
of the City for a report and recommendation. Where
appropriate, the Director of Community Develop-
ment may also require the applicant, at his own
expense, to furnish a report from astaff-approved
arborist, certified by the International Society of
Arboriculture. Applications for tree removal may be
granted, denied, or granted with conditions. The
Director of Community Development may, as a
condition of granting a permit for removal of a
specimen tree, require the applicant to replant or
replace a tree with more than one tree when justified
to replace lost tree canopy. (Ord. 1573 § 8.1 (part),
1991: Ord. 1543 § 8.1(part), 1991)
14.18.170 Review of application.
A request for removal of any heritage or speci-
men tree or tree protected by a condition of approv-
al associated with a zoning, tentative map, use per-
mit, variance, and Architectural and Site approval
application, will be referred to the reviewing body
which originated the condition. Notice of any public
hearing under this Chapter shall be given in the
same manner as provided in Chapter 19.116 of this
Municipal Code. (Amended during 12/93 supple-
ment: Ord. 1630 (part), 1993: Ord. 1543 § 8.1(part),
1991)
14.18.180 Review standards.
Each request for tree removal shall be evaluated
based upon the standards listed under subsections A
and B below. Approval of a permit to remove a
specimen or heritage tree may be granted if one or
both of the standards is met.
A. That the tree or trees are irreversibly dis-
eased, are in danger of falling, can cause potential
damage to existing or proposed essential structures,
or interferes with private on-site utility services;
B. That the location of the trees restricts the
economic enjoyment of the property by severely
limiting the use of property in a manner not typical-
ly experienced by owners of similarly zoned and
situated property. (Ord. 1573 § 9.1, 1991: Ord. 1543
§ 9.1, 1991)
14.18.190 Protection during construction.
Specimen, heritage trees and other trees required
to be retained by virtue of a zoning, subdivision, use
permit, variance, or Architectural and Site Approval
Committee application approval, and all trees pro-
tected by this chapter shall be protected during
demolition, grading and construction operations.
(Ord. 1543 § 10.1, 1991)
14.18.200 Protection plan before permit
granted.
A. A plan to protect trees described in Section
14.18.190 shall be submitted to the Director of
Public Works and to the Director of Community
Development prior to issuance of a demolition,
grading or building permit. The plan shall be pre-
pared and signed by a licensed landscape architect
or arborist certified by the International Society of
Arboriculture and shall be approved by the Director
of Community Development. The Director of Com-
munity Development shall evaluate the tree protec-
tion plan based upon the tree protection standards
contained in Appendix A at the end of this chapter.
B. The Director of Community Development
may waive the requirement for a tree protection plan
both where the construction activity is determined
to be minor in nature (minor building or site modifi-
cation in any zone) and where the proposed activity
will not significantly modify the ground area within
the drip line or the area immediately surrounding
the drip line of the tree. The Director of Community
Development shall determine whether the construc-
tion activity is minor in nature and whether the
activity will significantly modify the ground area
around the tree drip line. (Ord. 1543 § 10.2, 1991)
(Cupertino 12-93) 3'78_4
14.18.210
14.18.210 Applicant to guarantee protection.
The applicant shall guarantee the protection of the
existing tree(s) on the site through a financial instru-
ment acceptable to the Director of Planning and
Development. (Ord. 1543 § 10.3, 1991)
373-4a (Cupertino iz-93~
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 area, required front" means the area
extending across the front of the lot between the
front lot line and a line parallel thereto. Front yazds
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 azea, required rear" means the azea
extending across the full width of the lot between
the rear lot line and the neazest line or point of the
main building.
F. "Setback azea, required side" means the azea
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 Planning Commission and City Council
shall have the authority to require, approve, or dis-
approve wall and fencing plans including location,
height and materials in all zones requiring design
review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls sepazating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
public street intersections. (Ord. 1630 (paR), 1993;
Ord. 686 (part), 1975)
445 (Cupertino 12-93)
16.28.040
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the rear yard setback area 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 area.
B. In the case of a corner residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required rear yazd setback area and on the side yard
lines, excepting that fence heights within the side
yazd setback azea adjacent to a public street shall be
regulated as described below. IVo portion of a fence
shall extend into the front yazd setback area or
forty-foot corner triangle.
1. Situation in which the reaz 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 reaz property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property tine shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from finish grade can be constructed on
any location within a required yard except the forty-
foot corner triangle.
C. Where a six-foot fence is allowed, an
eight-foot-high fence can be constructed in lieu
thereof subject to building permit approval and upon
receipt of written approval from adjoining property
owners. (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 hard-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and fee: Application shall be
made in writing to the Planning Commission on a
form prescribed by the Director of Planning and
Development. The application shall be accompanied
by a fee of twenty-five dollazs.
B. Public Hearings: Upon receipt of an applica-
tion for exception, the Director of Planning shall set
a time and place for a public hearing before the
Planning Commission and order the public notice
thereof. The notice of public hearing shall be pub-
lished at least once in a newspaper of general circu-
lation in the City at least ten days before the first of
the hearings. In addition, individual notices shall be
mailed to all persons owning real properly 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 primazy form of notification is by publi-
cation in a newspaper of general circulation in the
City. Minor discrepancies in the certified mailing
-ist 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.
(Cupertino t2-93) ~6
18-1.1301
Article 13
HILLSIDE SUBDIVISIONS
Sections:
18-1.1301 Requirements.
18-1.1302 Purpose.
18-1.1303 Lot design standards.
18-1.1304 Street design standards.
18-1.1305 Lot sizes more or less 2.5
acres-Street design.
18-1.1306 Street and utility
improvements.
18-1.1307 Private driveways for two or
more parcels.
18-1.1308 Scope of regulations.
Section 18-1.1301. Requirements.
The hillside subdivision requirement prescribed
by this chapter shall apply to subdivision of land, as
defined in this title of geographical areas where the
natural average slope of the land exceeds ten per-
cent. For the purpose of this chapter, average slope
is obtained by use of the following mathematical
equation.
S=xLx 100
A
S =Average slope of ground in percent;
I =Contour interval in feet;
L =Combined length in feet of all contours in
parcel;
A =Area of parcel and square feet.
(Ord. 1575 (part), 1991)
Section 18-1.1302. Purpose.
A. The hillside subdivision regulations are in-
tended to guide parceling of hillside land in a man-
nerwhich results in harmony between human devel-
opment activities and the natural environment. To
meet that end, the ordinance relies heavily upon the
land use policies contained within the City's General
Plan. A portion of the hillside subdivision regula-
tions are discretionary in nature due to the wide
variation in the natural setting of the hillside areas
within the community. The hillside development
philosophy of the General Plan will therefore aid the
Planning Commission and city Council in their
review of hillside subdivision proposals.
B. The hillside subdivision regulations pertain
to the parceling of land. The Grading Ordinance,
Tree Removal Ordinance, Residential Hillside Zon-
ing Ordinance and other general and specific com-
munity ordinances also play a role in the regulation
of hillside development. (Ord. 1575 (part), 1991)
Section 18-1.1303. Lot Design Standards.
A. General. The standards listed below shall be
utilized to evaluate the lot configuration of hillside
subdivision applications. The standards augment lot
design requirements contained in applicable land use
zoning districts.
B. Lot Configuration.
• 1. The area of each lot shall be of sufficient size
to include the house together with required setbacks
and yards, adequate space or access drives and off-
street parking, septic tank systems, if permitted, and
necessary cut and/or bells.
2. Each lot shall be reviewed for appropriate
building pad locations. Appropriate building pad
locations shall take into account the ridgeline visibil-
ity standards, views from open space, slope of the
lot, location to riparian corridors, protection of natu-
ral vegetation, and wildlife migration. These issues
shall be studied to determine the best building loca-
tion and mitigate any negative environmental im-
pacts and meet the building and setback require-
ments asestablished in Chapter 19.40 of this code,
Residential Hillside Zones.
3. The manmade environment (roads, houses,
fences) is shaped to a large degree by property lines.
Therefore, property lines shall reflect natural land
forms to the greatest extent possible. For example,
lot lines should follow the natural contour of a
hillside, not straight lines drawn for engineering
design and surveying convenience.
C. Clustering Development and Subdivisions.
1. Major Subdivisions in the Five to Twenty
Acre Slope Density Designation.
~~67 (Cupertino 12-93)
18-1.1303
a. Development lots and major subdivisions in
the five to twenty acre slope density designation
shall be clustered, reserving ninety percent of the
land in private open space to protect the unique
characteristics ofthe hillsides from adverse environ-
mental impacts. The project shall keep the number
of lot clusters minimized, and the open space area
contiguous, to the greatest extent possible. The
ninety percent private open space can be contained
in individual lots regulated by an-open space ease-
ment oc as land held in common as dedicated open
space. The project shall keep the open space area
contiguous as much as possible. A lot having com-
mon ownership, containing the designated open
space, will not be counted in the total dwelling unit
yield.
b. Significant natural features shall be identified
on the tentative map: riparian and native vegetation
including trees, shrubs and ground cover; all topog-
raphy and areas of slope over thirty percent water-
courses; faults; landslides; views of prominent ridge-
lines; and views from adjacent properties.
c. As a condition of the subdivision, all devel-
opment except that which is allowed in Chapter
19.24 of this code, Open Space Ordinance, shall be
completely contained in the ten percent development
area, which should be designed to avoid adversely
impacting the natural features. The lot sizes will be
determined in the review process. The use of the
ninety percent open space area shall be limited to
their uses allowed in Chapter 19.24 of this code,
Open Space Ordinance.
2. Minor Subdivisions in the Five to Twenty
Acre Slope Density Designation.
a. Development of lots and minor subdivisions
in the five to twenty acre slope density designation
are encouraged to be clustered, reserving ninety
percent of the land in private open space to protect
the unique characteristics of the hillsides from ad-
verseenvironmental impacts. The project shall keep
the open space area contiguous, and the number of
lot clusters minimized, to the greatest extent possi-
ble. The ninety percent private open space can be
contained in individual lots regulated by an open
space easement or as land held in common as dedi-
Gated open space. A lot having common ownership,
containing the designated open space, will not be
counted in the total dwelling unit yield
b. Significant natural features shall be identified
on the tentative map: riparian and native vegetation
including trees, shrubs and ground cover; all topog-
raphy and areas of slope over thirty percent; water-
courses; faults; landslides; views of prominent ridge-
lines; and views from adjacent properties.
C. As a condition of the subdivision, all devel-
opment, except that which is allowed in Chapter
19.24 of this code, Open Space Ordinance, shall be
completely contained in the ten percent development
area, which should be designed to avoid adversely
impacting the natural features. The lot sizes will be
determined in the review process. The use of the
ninety percent private open space area shall be
limited to their uses allowed in Chapter 19.24 of
this code, Open Space Ordinance.
D. Grading.
1. Preliminary or tentative grading plans will be
required as specified in Chapter 16.08 or as part of
the conditional approval of the map. The extent of
grading and size of building pads shall meet the
requirements as specified in Chapter 19.40.
2. A final lot grading plan and quantity estimate
may be required as part of the conditional approval
and as a part of the tract improvement plans with
guarantee by separate performance bond of one
hundred percent of cost of such lot grading and
construction of driveway approaches for the entire
tract.
3. Retaining walls may be employed to resolve
ground stability problems or minimize grading.
E. Off-street Parking. Where lots have frontage
on a public roadway or driveway having a pavement
section of less than thirty feet or on a roadway or
driveway which does not permit parking at the curb,
each lot shall provide adequate turnaround space and
four independently functional off-street parking
spaces. The four parking spaces shall be in addition
to the required two garage or carport spaces.
F. Frontage.
1. All lots shall front an a public street or pri-
vate driveway as provided in Section 18-1.805.
(Qipertino 12-93) 568
18-1.1303
2. Where the principal frontage of a lot is by
means of a corridor, such corridor shall be at least
twenty feet wide. A lesser width for a corridor may
be approved when atwenty-foot width would not be
practical because of existing permanent structures or
topography. However, in all cases, the corridor
width must be sufficient to accommodate a safe
driveway of not less than twelve feet of improved
width, and if the length of the corridor is over one
hundred fifty feet, the usable width must be a least
eighteen feet. Where two such corridors are com-
bined, the total access width need not exceed thirty
feet if each lot has right of access over the corridor
of the adjoining lot and the total paved width is not
less than eighteen feet.
G. Watercourse Protection.
1. Any watercourse identified in Figure 6-J of
the Cupertino General Plan and its existing or poten-
tial riparian vegetation must be shown on all devel-
opment plans.
2. Lots in major subdivisions must be clustered
so that the water course and existing or potential
riparian vegetation are retained in the required nine-
ty percent open space designation. Building site
shall be set back from said watercourse or existing
or potential riparian vegetation a minimum of fifty
feet on lots which are less than one acre in size and
one hundred feet on lots which are greater than one
acre. The setback shall be measured from the top of
the bank or from existing riparian vegetation, which-
ever isgreater. The setback from riparian vegetation
will be measured from the drip-line perimeter. The
precise area will be established through presentation
of evidence of the existing or potential riparian
vegetation and wildlife habitat and by considering
their relationship to all design factors.
3. Lots in minor subdivision are encouraged to
be clustered so that development does not encroach
on the watercourse. Building sites shall be setback
from said watercourse or existing or potential ripar-
ian vegetation a minimum of fifty feet on lots which
are less than one acre in size and one hundred feet
on lots which are greater than one acre. The setback
shall be measured from the top of bank or from
existing riparian vegetation whichever is greater.
Setback from riparian vegetation shall be measured
from the drip-line perimeter. The precise area will
be established through presentation of evidence of
the existing or potential riparian vegetation and
wildlife habitat and by considering their relationship
to all site design factors.
H. Trail Linkages. In subdivisions, if a trail
linkage, as shown in the General Plan Trail Plan, is
identified on the property being developed, a trail
easement shall be granted in favor of the City prior
to approval of the final map. (Ord. 1635 (part),
1993; Ord. 1575 (part), 1991)
Section 18-1.1304. Street Design Standards.
A. The design of roadways in the hillsides is
based upon the General Plan Policy of maintaining
the natural environment setting of the hillside. In
response to the General Plan Policy, public rights of
way shall be aligned in a manner to avoid trees and
riparian environments. Incases where it is necessary
to place rights of way on or near ridge tops, grading
for the roadways shall be minimized to reduce visu-
al scarring. The specific, technical road alignment
and section standards described in this section are
based upon the following constraints:
1. Volume of traffic;
2. Topography;
3. Public safety, particularly of fire protection;
4. Lot size and on-street parking needs;
5. Drainage requirements.
B. The specific technical standards maybe. mod-
ified when it can be determined by the City Engi-
neer, asapproved by the City Council, that the strict
adherence to a specific standard would result in
environmental hardship. The City Council shall
make specific findings of fact relative to environ-
mental degradation or economic hardship in the
event a standard is waived. (Ord. 1575 (part), 1991)
Section 18-1.1305. Lot Sizes More or Less 2.5
Acres-Street Design.
The General Plan provides for more flexible
improvement standards for hillside developments
which have an average lot size of 2.5 acres or great-
er. Developments that result in less than 2.5 acres
Sf)8a (Cupertino 12-93)
18-1.1305
per dwelling are labeled "urban fringe develop-
ment." Conversely, developments that results in 2.5
acres or greater per dwelling unit shall be labeled
"semirural developments." The average lot size per
acre computation shall be based upon the develop-
ment acreage directly used for residential purposes.
Land dedicated for public or private open space use
in cluster or conventional developments should not
be counted in the 2.5 acre average lot size standazd.
A. Urban Fringe Developments.
1. Generally, the street design standards for
hillside developments on the valley floor fringe are
comparable to the subdivision improvements within
the typical urbanized portion of the community.
however, because of varied topography, theright-of-
way width and the improvement standards for road-
way may vary to minimize degradation of the envi-
ronment. Rights-of--way shall be of sufficient width
to provide space for the road bed utilities and bicy-
cle lanes and equestrian trails as designated by the
General Plan.
The City shall maintain slope easements for all
fill slopes. The right-of--way for a slope easement
shall include an area ten feet below the toe of fill.
2. The minimum right-of-way width and street
sections for various functional categories of roads
aze as follows:
(Cupertino 12-93) 568b
Title 19
ZONING
Chapters:
19.04 General Provisions
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) ~:ones
19.20 Agricultural-Residential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duple:K (R-2) Zones
19.36 Multiple-Family Presidential (R-3). Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single••Family Cluster (RIC) Zones
19.44 Planned Development (PD) Zones
19.52 Density Bonus
19.56 General Commercial (GC) Zones
19.60 Light Industrial (PvIL) Zones
19.64 Public Building (BA), Quasi Public Building
(BQ) and Transportation (T) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zone
19.76 Administrative and Professional Office (OA)
Zones
19.80 Accessory Buildin~;s/Structures
19.84 Second Dwelling Llnits in R-1, RHS, A, and A-1
Zones
19.88 Conversions of Apartment Projects to
Community Housing Projects
19.92 Home Occupation~~
19.96 Parking and Keeping Vehicles in Various Zones
19.100 Off-Street Parking Regulations
19.104 Adult Oriented Ca~mmercial Activities
19.108 Television and Radio Aerials (Antennas, Masts
and Towers)
569 (Cupertino 12-93)
19.112 Nonconforming Uses and Nonconforming
Facilities
19.116 Development Agreements
19.120 Amendments to the Zoning Maps and Zoning
Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in
Projects
19.136 Appeals
(Cupertino 12-93) 5'~Q
19.08.030
1. In residential districts, all roofed porches,
azcades, balconies, porticos, breezeways or similar
features when located above the ground floor;
2. Parking facilities accessory to a permitted or
conditional use and located on the same site;
3. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, and similaz features not sub-
stantially enclosed by exterior walls, and courts, at
or neaz street level, when accessible, to the general
public and not devoted to sales, service, display,
storage or similar uses.
"Group care activities" means a residential care
facility providing continuous care for six or fewer
persons on a twenty-four-hour basis, which requires
licensing by a governmental agency.
"Guest cottage" means an accessory building
containing a lodging unit without kitchen facilities,
and used to house occasional visitors or nonpaying
guests of the occupants of a dwelling unit on the
same site.
"Guest room" means a room which is intended,
arranged or designed to be occupied by occasional
visitors or nonpaying guests of the occupants of the
dwelling unit in which the room is located, and
which contains no kitchen facilities.
"Habitable floor" means the horizontal space
between a floor area of at least seventy square feet
and the ceiling height measuring at least seven feet
six inches above it, except for a kitchen which shall
have a ceiling height not less than seven feet above
said floor.
"Height" means:
A. General. The vertical distance measured from
the natural grade to the highest point of exterior
construction, exclusive of chimneys, antennas or
other appurtenances.
Height restriction shall be established by estab-
lishing aline parallel to the natural grade.
B. Adjacent to Prominent Ridgelines. For prop-
erties on or adjacent to a Prominent Ridgeline as
defined by the City Council, building height shall
be measured from the average natural adjacent grade
for all vertical sections through the structure, to [he
highest point of exterior construction of the building
or structure, exclusive of radio and television anten-
nas.
Height restriction shall be established by cutting
sections through the structure perpendicular to the
site's natural topographic contours. The average
natural grade for each section shall be determined
by the means of the highest and lowest natural
grades adjacent to the structure.
C. Planned Development. The definition of
height for buildings located in a planned develop-
ment zone shall be established by the specific zon-
ing ordinance and subsequently approved use per-
mits.
"Home occupation" means an accessory activity
conducted in a dwelling unit solely by the occupants
thereof, in a manner incidental to residential
occupancy, in accord with the provisions of this
title. (For further provisions, see regulations for
home occupation in Chapter 19.92.)
"Hospital" means a facility for providing medical,
psychiatric or surgical services for sick or injured
persons, primarily on an inpatient basis, and includ-
ing ancillary facilities for outpatient and emergency
treatment, diagnostic services, training, research,
administration, and service to patients, employees or
visitors.
"Hotel" means a facility containing rooms or
groups of rooms, generally without individual kitch-
en facilities, used or intended to be used by tempo-
rary overnight occupants, whether on a transient or
residential occupancy basis, and whether or not
eating facilities are available on the premises. Hotel
includes motel, motor hotel, tourist court, or similar
use, but does not include mobilehome parks or
similar uses.
"Household pets" means small animals commoNy
found in residential areas such as chickens, ducks,
geese, rabbits, dogs, and cats, but excluding animals
such as any bovine or equine animal, or any goat,
sheep or swine. This title does not regulate the
keeping of small household pets, such as fish, birds
or hamsters, which is incidental to any permitted
use.
"Housing market area" means that area bounded
by Fremond Avenue located in the City of
579 (Cupertino 12-93)
19.08.030
Sunnyvale, to the north, Lawrence Expressway to
the east, Prospect Road to the south, hence along a
line generally following the westerly boundary of
the Cupertino Urban Service Area northerly to High-
way 280, hence easterly along Highway 280 to
Foothill Boulevard, hence northerly along Foothill
Boulevard to Homestead Road, hence northerly
along Stevens Creek to Fremont Avenue, as shown
on the map attached to the ordinance codified in this
title.
"Junkyazd" means the use of more than two
hundred square feet of the area of any lot for the
storage or keeping of junk, including scrap metals
or other scrap material, and/or for the dismantling
or wrecking of automobiles or other vehicles or
machinery.
"Landscaping" means an area devoted to or de-
veloped and maintained with native or exotic plant-
ing, lawn, ground cover, gazdens, trees, shrubs, and
other plant materials, decorative outdoor landscape
elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or
similar material (excluding driveways, parking,
loading or storage areas), and sculptural elements.
"Late evening activities" means an activity which
maintains any hours of operation during the period
of eleven p.m. to seven a.m.
"Legal substandard lot" means any parcel of land
or lot recorded and legally created by the County or
City prior to March 17, 1980, which lot or parcel is
of less area than required in the zone; or lots or paz-
cels of record which are reduced to a substandard
lot size as a result of required street dedication un-
less otherwise provided in the City of Cupertino
General Plan. The owner of a legally created, sub-
standazd property which is less than six thousand
square feet but equal to or greater than five thou-
sand square feet may utilize such parcel for residen-
tial purposes. The owner of a legally created parcel
of less than five thousand squaze feet may also
develop the site as asingle-family residential build-
ing site if it can be demonstrated that the property
was not under the same ownership as any contigu-
ous property on the same street frontage as of or
after July 1, 1984.
"Liquor store" means a use requiring a State of
California "off-sale general license" (sale for off-site
consumption of wine, beer and/or hard liquor) and
having fifty percent or more of the total dollar sales
accounted for by beverage covered under the off-
sale general license.
"Loading space" means an area used for loading
or unloading of goods from a vehicle in connection
with the use of the site on which such space is
located.
"Lodging" means the furnishing of rooms or
groups of rooms within a dwelling unit or an acces-
sory building to persons other than members of the
family residence in the dwelling unit, for overnight
occupancy on a residential occupancy basis, whether
or not meals are provided to such person. Lodging
shall be subject to the residential density require-
ments of the district in which the use is located.
"Lodging unit" means a room or group of rooms
not including a kitchen, used or intended for use by
overnight occupants as a single unit. whether located
in a hotel or a dwelling unit providing lodging
where designed or used for occupancy by more than
two persons; each two-person capacity shall be
deemed a separate lodging unit for the purpose of
determining residential density; each two lodging
units shall be considered the equivalent of one
dwelling unit.
"Lot" or "site" means a parcel of land consisting
of a single lot of record, used or intended for use
under the regulations of this title as one site for a
use or a group of uses.
1. "Corner lot" means a lot situated at the inter-
section of two or more streets, or bounded on two
or more adjacent sides by street lines.
2. "Flag lot" means a lot having access to a
street by means of a private driveway or pazcel of
land not otherwise meeting the requirement of this
title for lot width.
(Cupertino 12-93) 580
19.08.030
"Specialty food stores" means uses such as baker-
ies, donut shops, ice cream stores, produce mazket<~
and meat markets, or similar establishments where-
food is prepared and/or sold primarily for consump-
tion off the premises.
"Specified anatomical areas" means:
1. Less than completely and opaquely covered
human genitals, pubic region, buttocks and female
breast below a point immediately above the top of
the azeola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
"Specified sexual activities" means:
1. Human genitals in a state of sexual
stimulation or arousal;
2. Acts of human masturbation, sexual inter-
course or sodomy;
3. Fondling or other erotic touching of human
genitals, public region, buttocks or female breast.
"Story" means that potion of a building included
between the surface of any floor and the surface of
the next floor above it, or if there is no floor above
it, then the space between the floor and the ceiling
next above it. In no event shall a story be greater
than ten feet in height.
1. "Half-story" means a story with at least two
opposite exterior sides meeting a sloping roof not
more than two feet above the floor of such story.
"Street" means a public or private thoroughfare
the design of which has been approved by the City
which affords the principal means of access to abut-
ting property, including avenue, place, way, drive,
lane, boulevazd, highway, road, and any other thor-
oughfare except an alley as defined in this chapter.
"Structure" means that which is built or con-
structed, an edifice or building of any kind, or any
piece of work artificially built up or composed of
parts joined together in some definite manner.
Structure, Recreational. "Recreational structure"
means any accessory structure or portion thereof,
which functions for play, recreation or exercise (e.g.,
pool slides, playhouses, tree houses, gazebos, decks,
patios, hot tubs and pools).
"Two-family use" means the use of a site for two
dwelling units, which may be within the same build-
ing or separate buildings.
"Use" means the conduct of an activity, or the
performance of a function or operation, on a site or
in a building or facility.
1. "Accessory use" means a use which is
incidental to and customarily associated with a
specified principal use.
2. "Conditional use" means a use listed by the
regulations of any particular district as a conditional
use within that district, and allowable therein solely
on a discretionary use/conditional basis, subject to
issuance of a conditional use permit, and to all other
regulations established by this title.
3. "Nonconforming use" means a use which is
not a permitted use or conditional use authorized
within the district in which it is located, but which
was lawfully existing on October 10, 1955; or the
date of any amendments thereto, or the application
of any district to the property involved, by reason
of which adoption or application the use became
nonconforming. (See "noncomplying facilities" in
this chapter for a definition.)
4. "Permitted use" means a use listed by the
regulations of any particular district as a permitted
use within that district, and permitted therein as a
matter of right when conducted in accord with the
regulations established by this title.
5. "Principal use" means a use which fulfills a
primary function of a household, establishment, in-
stitution, or other entity.
"Useable rear yazd" means that area bounded by
the reaz lot line(s) and the rear building line extend-
ed to the side lot lines. The side yard adjacent to a
proposed minor addition (e.g., addition equalling ten
percent or less of the principal structure) may be
included in calculation of usable rear yard area.
"Vehicle" means any boat, bus, trailer, motor
home, van, camper (whether or not attached to a
pickup truck or other vehicle), mobilehome, motor-
cycle, automobile, truck, pickup, airplane, boat
trailer, truck tractor, truck trailer, utility trailer or
recreational vehicle, or parts thereof, or any device
by wltich any person or property may be propelled,
5g5 (Ctipertino 12-93)
19.08.030
moved or drawn upon a public street, excepting a
device moved exclusively by human power.
"Visual privacy intrusion" means uninterrupted
visual access from a residential dwelling or structure
into the interior or exterior azeas of adjacent
residential structures, which area is either complete-
ly or partially private, designed for the sole use of
the occupant, and/or which serves to fulfill the
interior and/or exterior privacy needs of the impact-
ed residence or residences.
"Yazd" means an area within a lot, adjoining a lot
line, and measured horizontally, and perpendiculaz
to the lot line for a specified distance, open and
unobstructed except for activities and facilities
allowed therein by this title.
1. "Front yazd" means a yard measured into a
lot from the front lot line, extending the full width
of the lot between the side lot lines intersecting the
front lot line.
2. "Rear yard" means a yard measured into a lot
from the rear lot line, extending between the side
yards; provided that for lots having no defined rear
lot line, the rear yazd shall be measured into the lot
from the rearmost point of the lot depth to a line
parallel to the front lot line.
3. "Side yazd" means a yard measured into a lot
from a side lot line, extending between the front
yard and rear lot line. (Ord. 1635 (part), 1993; Ord.
1618 (part), 1993; Ord. 1607 § 1, 1992; Ord. 1601
Exh. A (part), 1992)
(Qipertino 12-93) 586
19.16.060
antennae, or other appurtenances are excluded from
the restriction.
2. The City Council may prescribe that all
buildings in a designated area be limited to one
story in height (not to exceed eighteen feet) by
affixing to the A zoning district symbol the designa-
tion "i."
3. Exception for Hillside Areas. Notwithstanding
any provision of Section 19.16.060E to the contrary,
upon recommendation of the Planning Commission,
the City Council may approve building heights in
an A zoning district greater than twenty-eight feet
upon making all the following determinations:
a. The subject property is in a hillside area and
has an average slope of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standard height restrictions
necessary or desirable;
c. In no case, shall the maximum height exceed
thirty-five feet for a principal structure or twenty
feet for an accessory structure;
d. In no case, shall the maximum height of a
structure located on a prominent ridgeline, as de-
fined by Section 19.40.050 D6 relating to RHS
zoning districts, on or above the four-hundred-fifty-
foot contour, exceed twenty feet. (Ord. 1630 (part),
1993; Ord. 1601 Exh. A (part), 1992)
19.16.070 Permitted yard encroachments.
A. In A zones, where a building legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of the
chapter. Only one such extension shall be permitted
for the life of such building. This section shall not
be construed to allow the further extension of an
encroachment by any building which is the result of
the granting of a variance, either before or after
such property becomes part of the city. This section
applies to the first story only.
B. The extension or addition may not further
encroach into any required setback e.g., a single
story may be extended along an existing five-foot
side-yard setback even though the other side yard
does not equal ten feet. However, in no case shall
any wall plane of a first-story addition be placed
closer than three feet to any property line.
C. Architectural features (not including patio
covers) may extend into a required yard a distance
not exceeding three feet; provided, that no
architectural feature, or combination thereof,
whether a portion of a principal or accessory struc-
ture, may extend closer than three feet to any prop-
erty line. (Ord. 1601 Exh. A (part), 1992)
19.16.080 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes in A zones,
provided that no such structure shall infringe upon
solar access or property rights of adjoining property
owners. Any solar structures which vary from the
setback or height restrictions of this chapter shall be
allowed only upon issuance of a conditional use
permit by the Director of Community Development
pursuant to Section 19.16.040 A3 of this chapter.
(Ord. 1601 Exh. A (part), 1992)
19.16.090 Interpretation by Planning
Director.
In A zones, the Director of Community Develop-
ment shall be empowered to make reasonable inter-
pretations of the regulations and provisions of this
chapter, consistent with the legislative intent thereof.
Persons aggrieved by an interpretation of the chapter
by the Director of Community Development may
petition the Planning Commission in writing for
review of the interpretation. (Ord. 1601 Exh. A
(part), 1992)
Sf38-3 ~c~pert~oo iz-93>
19.20.010
Chapter 19.20
AGRICULTURAL-RESIDENTIAL (A-1)
ZONES
Sections:
19.20.010 Purpose.
19.20.020 Applicability of regulations.
19.20.030 Permitted uses.
19.20.040 Conditional uses.
19.20.050 Excluded uses.
19.20.060 Site development regulations.
19.20.070 Permitted yard encroachments.
19.20.080 Solar design.
19.20.090 Interpretation by the Planning
Director.
19.20.010 Purpose.
Agricultural-residential zones are intended to
preserve agriculture or forestry activities in areas
suited to that purpose, and to include therein resi-
dential development of asemi-rural character. (Ord.
1601 Exh. A (part), 1992)
19.20.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an agricultural-
residential (A-1) district other than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.20.030 Permitted uses.
The following uses shall be permitted in an A-1
district:
A. Agriculture, horticulture, viticulture and for-
estry, including but not limited to, the following
uses:
1. Field and truck crops, including drying and
storage,
2. Orchards and vineyards, including bottling
and storage,
3. Tree farms, botanical conservatories and arboreta,
4. Barns and sheds,
5. Keeping of draft animals and animals provid-
ing products used on the property, and household
pets;
B. Single-family dwelling unit;
C. Residences of fazm workers and their families
whose primazy employment is incidental and neces-
sary to agricultural operations conducted on the
same pazcel of land on which such residences are
located;
D. A second dwelling unit conforming to the
provisions, standards, and procedures of Chapter
19.84 of this title, except for a second dwelling unit
requiring a conditional use permit;
E. Noncommercial stables, and the keeping of
no more than three riding horses, except that addi-
tional foals may be retained for a period of six
months after birth;
F. Accessory facilities and uses, customarily
incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of
this title;
G. Home occupations, when accessory to other
permitted uses and otherwise conforming to the pro-
visions of Chapter 19.92 of this title, and subject to
any conditional use permit requirements continued
in that chapter. (Ord. 1601 Exh. A (part), 1992)
19.20.040 Conditional uses.
The following uses may be conditionally allowed
in the A-1 zoning district, subject to the issuance of
a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses subject to regulations estab-
lished by Chapter 19.124,
2. Animal breeding,
3. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title,
4. Buildings or structures which incorporate
solar design features that require vaziations from
setbacks upon a determination by the Director that
the design feature, or features will not result in
privacy impacts, shadowing, or intrusive noise, odor,
or other adverse impacts to the surrounding area;
B. Issued by the Planning Commission:
(Clipenino 12-93) _588-4
19.20.040
1. Livestock ranches and dairy farms,
2. Processing of dairy products produced on the:
property,
3. Fur farms,
4. Poultry raising and hatcheries,
5. Apiazies,
6. Nurseries, greenhouses and landscaping gaz-
dens,
7. Boarding kennels,
8. Transmission lines, transformer stations,
television and radio towers, and other public utility
and communication structures,
9. Noncommercial stables for riding horses in
excess of the number permitted by Section
19.20.030 E of this chapter;
C. Issued by the City Council after consideration
of the Planning Commission's recommendation:
1. Retail sale of wine, fruit and berries produced
on the property,
2. Cemeteries, crematoriums, mausolea, and
columbaziums,
3. Mines, quarries and gravel pits,
4. Riding academies, commercial stables, and
the boazding of horses,
5. Guest ranches,
6. Golf courses and driving ranges,
7. Commercial swimming pools and picnic ar-
eas,
8. Public and quasi-public buildings and uses.
(Ord. 1601 Exh. A (part), 1992)
19.20.050 Excluded uses.
The following uses shall not be permitted in an
A-1 zoning district:
A. Hog farms;
B. Cattle farms mainly depending upon feed
brought onto the property;
C. Slaughterhouses, fetilizer yards, feed yards,
boneyazds, or plants for the reduction of animal
matter;
D. Commercial feed sales;
E. Other semiagricultural uses mainly depending
on raw materials, semifinished products, or feed
brought onto the property;
F. Other agricultural uses which, in the opinion
of the Director of Community Development, create
a private or public nuisance. (Ord. 1601 Exh. A
(part), 1992)
19.20.060 Site development regulations.
A. Lot Area Zoning Designations. In A-1 zones,
the minimum lot azea shall correspond to the num-
ber (multiplied by one thousand square feet) follow-
ing the A-1 zoning symbol. Examples aze as fol-
lows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
A 43 43,000
A 215 215,000
B. Minimum Lot Area.
1. The minimum lot size for a lot in an A-1
zoning district having no incidental residential use
is two hundred fifteen thousand square feet.
2. The minimum lot size for a lot in an A-1
district having incidental residential use is forty-
three thousand square feet per dwelling unit on the
lot. Dwelling units in farm labor camps for tempo-
rary laborers, and second dwelling units, shall not
he counted for the purpose of determining required
total area under this section.
C. Required Lot Shape. Each lot in an A-1 zone
shall have a shape that a square with a side of two
hundred feet can be inscribed in the lot.
D. Lot Coverage, Building Setbacks, and Height
Restrictions.
1. The maximum building coverage is forty
percent of the net lot area.
2. The maximum floor area ratio is forty-five
percent of the net lot area.
3. Minimum Setbacks.
a. First Floor.
i. The minimum front-yard setback is thirty
feet,
ii. The minimum side-yazd setback is twenty
feet,
~ 88-5 (Clpertino 12-93)
19.20.060
iii. The minimum rear-yard setback is twenty
feet.
b. Second Floor.
i. The minimum front-yard setback is thirty
feet,
ii. The minimum side-yard setback is twenty
feet,
iii. The minimum rear-yard setback is twenty-five
feet.
E. Height of Principal Buildings and Structures.
1. The maximum height of a principal building
or structure is twenty-eight feet. Fireplace chimneys,
antennae, or other appurtenances are excluded from
this restriction.
2. Heights exceeding twenty feet shall be subject
to the setback regulations in subsection D of this
section.
3. The City Council may prescribe that all
buildings in a designated area be limited to one
story in height (not to exceed eighteen feet) by
affixing to the A-1 zoning district symbol the desig-
nation "i."
4. Exception for Hillside Areas. Notwithstanding
any provision of subsection D of this section to the
contrary, upon recommendation of the Planning
Commission, the City Council may approve building
heights in an A-1 zoning district greater than twen-
ty-eight feet upon making all the following deter-
minations:
a. The subject property is in a hillside area and
has an average slope of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standard height restrictions
necessary or desirable; and
c. In no case, shall the maximum height exceed
thirty-five feet for a principal structure or twenty
feet for an accessory structure;
d. In no case, shall the maximum height of a
structure located on a prominent ridgeline as defined
by Section 19.40.050 D6 relating to RHS zoning
districts, or above the four-hundred-fifty-foot con-
tour, exceed twenty feet in height. (Ord. 1630 (part),
1993; Ord. 1601 Exh. A (part), 1992)
19.20.070 Permitted yard encroachments.
A. In A-1 zones, where a building legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building and shall only apply to
the first story. This section shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a variance, either before or after such property be-
comes part of the City.
B. The extension or addition may not further
encroach into any required setback; e.g., a single
story may be extended along an existing five-foot
side-yard setback even though the other side yard
does not equal ten feet. However, in no case shall
any wall plane of a first-story addition be placed
closer than three feet to any property line.
C. Architectural features (not including patio
covers) may extend into a required yard a distance
not exceeding three feet; provided that no
architectural feature, or combination thereof,
whether a portion of a principal or accessory struc-
ture may extend closer than three feet to any prop-
erty line. (Ord. 1601 Exh. A (part), 1992)
19.20.080 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes in A-1 zones,
provided that no such structure shall infringe upon
solar access or property rights of adjoining property
owners. Any solar structures which vary from the
setback or height restrictions of this chapter shall be
allowed only upon issuance of a conditional use
permit by the Director of Community Development
pursuant to Section 19.20.040 A4 of this chapter.
(Ord. 1601 Exh. A (part), 1992)
(Cupertino 12-93) 588-6
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage building setbacks
and height restrictions for
nonaccessory buildings and
structures.
19.28.070 Permitted yard encroachments.
19.28.080 Solar design.
19.28.090 Interpretation by the Planning
Director.
19.28.010 Purposes.
R-1 single-family residence districts are intended
to create, preserve and enhance areas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure provision of light and air to individual
residential parcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationships between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the community. (Ord. 1601 Exh. A (part),
1992)
19.28.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an R-1 single-
family residence district other than in conformance
with the provisions of this chapter and other applica-
bleprovisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1
single-family residence district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standards and procedures described in
Chapter 19.84, except for those second dwelling
units requiring a conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
D. Home occupations, when accessory to permit-
ted residential use as provided in Chapter 19.92 of
this title, and subject to any conditional use permit
requirements contained in that chapter;
E. Horticulture, gardening, and growing of food
products for consumption by occupants of the site;
F. Residential care homes;
G. Small-family day care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of
utility services to the neighborhood but excluding
business offices, construction or storage yazds, main-
tenance facilities, or corporation yards. (Ord. 1601
Exh. A (part), 1992)
19.28.040 Conditional uses.
The following uses may be conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124,
2. Large-family day care home,
3. Buildings or structures which incorporate
solar design features [hat require vaziations from
setbacks upon a determination by the Director that
such design feature or features will not result in
privacy impacts, shadowing, or intrusive noise, odor,
or other adverse impacts to the surrounding area,
4. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84,
588-9 (Qipertino 12-93)
19.28.040
5. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title;
B. Issued by the Planning Commission:
1. Two-story structures in an azea designated for
a one-story limitation pursuant to Section 19.28.060
E2 of this chapter, provided that the Planning Com-
mission determines that the structure or structures
will not result in privacy impacts, shadowing, or
intrusive noise, odor, or other adverse impacts to the
surrounding area.
2. Group care activities with greater than six
persons. (Ord. 1618 (part), 1993; Ord. 1601 Exh. A
(part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot azea shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-1 zoning symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is 6,000
square feet.
2. Lots which contain less azea than required by
Section 19.28.050 A1, but not less than five thou-
sand square feet, may nevertheless be used as build-
ing sites provided that all other applicable
requirements of this title are fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter-
vals not to exceed ten feet. Areas where slopes
exceed thirty percent shall be identified on the site
development plan.
2. No structure or improvements shall occur on
slopes of greater than thirty percent unless an excep-
lion is granted in accordance with Section
19.40.140, unless no more than five hundred square
feet of development, including grading and struc-
tures, occurs on an area with a slope greater than
thirty percent. (Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage building setbacks
and height restrictions for
nonaccessory buildings and
structures.
A. Lot Coverage. A building or buildings may
cover no more than forty percent of the net lot area.
B. Floor Area Ratio. A building or buildings
may have a maximum floor azea ratio of forty-five
percent of the net lot area.
C. Setback-First Floor.
1. Front Yard. The minimum front-yazd setback
is twenty feet, provided that for a curved driveway
the setback shall be fifteen feet as long as there aze
no more than two such fifteen-foot setbacks occur-
ring side by side.
2. Side Yard. The minimum side-yard setback
shall be five feet, provided that there must be a
minimum of ten feet side-yard setback on at least
one side yard. In instances where an addition is
proposed to an existing structure where both side-
yard setbacks are less than ten feet, the wider side
yard shall be maintained. The addition may extend
as close as five feet from the side lot line on the
narrowest side of the building only. In instances
where a side yard abuts the rear yard of an adjoin-
ing R-1 property, a minimum setback of ten feet is
required. In the case of a corner lot, a minimum
side-yard setback of twelve feet on the street side of
the lot is required.
3. Rear Yard. The minimum reaz-yard setback
is twenty feet except that in the event that the usable
rear yard equals, or exceeds, twenty times the lot
width, the minimum rear-yard setback is ten feet.
D. Setback-Second Floor.
1. The minimum front and reaz setbacks aze
twenty-five feet.
2. The minimum side setbacks are ten feet,
provided that in the case of a flag lot the minimum
(Clrpertina 12-93) 5
19.28.060
setback is twenty feet from any property line and in
the case of a corner lot a minimum of twelve feet
from a street line and twenty feet from any rear
property line of an existing, developed single-family
dwelling.
3. Setback Surcharge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front or side-yard setback re-
quirements specified in subsection 19.28.060 D2 of
this section. A minimum of five feet of the fifteen
feet shall be applied to the side yard(s).
E. Additional Site Requirements.
1. Maximum Height. The height of any principal
dwelling in an R-1 zone shall not exceed twenty-
eight feet, not including fireplace chimneys, anten-
nae, or other appurtenances.
2. Heights exceeding twenty feet shall be subject
to the setback regulations in subsection D of this
section.
3. Areas Restricted to One Story. The City
Council may prescribe that all buildings within a
designated area be limited to one story in height
(not exceeding eighteen feet) by affixing to the R-1
zoning district, the designation "i"; provided, how-
ever, that the limitation may be removed through
use permit approval, as provided in Section
19.28.040 B by the Planning Commission.
4. Exceptions for Hillside Areas. Notwithstand-
ing any provisions of Section 19.28.060(E)(1) to the
contrary, the Planning Commission may make an
exception for heights to exceed twenty-eight feet
under certain circumstances:
a. The subject property is in a hillside area and
has slopes of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standard height restrictions
necessary or desirable;
c. In no case, shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building or dwelling;
d. In no case, shall the maximum height of a
structure located on prominent ridgelines, on or
above the four-hundred-fifty-foot contour exceed
twenty feet in height. (Ord. 1635 (part), 1993; Ord.
1630 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.070 Permitted yard encroachments.
A. In R-1 zones, where a building legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This section applies to
the first story only and shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a variance, either before or after such property be-
comes part of the City.
B. The extension or addition may not further
encroach into any required setback; e.g., a single
story may be extended along an existing five-foot
side-yard setback even though the other side yard
does not equal ten feet. However, in no case shall
any wall plane of a first-story addition be placed
closer than three feet to any property line.
C. Architectural features (not including patio
covers) may extend to a required yard a distance not
exceeding three feet, provided that no architectural
feature or combination thereof, whether a portion of
a principal or auxiliary structure, may extend closer
than three feet to any property line. (Ord. 1618
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.080 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes, in R-1 zones,
provided that no such structure shall infringe upon
solar access or property rights of adjoining property
owners. Any solar structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 1601 Exh. A (part), 1992)
588-11 (Cupertino 12-93)
19.28.090
19.28.090 Interpretation by the Planning
Director.
In R-1 zones, the Director of Community Devel-
opment shall be empowered to make reasonable
interpretations of the regulations and provisions of
this chapter consistent with the legislative intent
thereof. Persons aggrieved by an interpretation of
the chapter by the Director of Community Develop-
ment may petition the Planning Commission in
writing for review of the interpretation. (Ord. 1601
Exh. A (part), 1992)
(Cupertino 12-93) 588-12
19.32.010
Chapter 19.32
RESIDENTIAL DUPLEX (R-2) ZONES
Sections:
19.32.010 Purpose.
19.32.020 Applicability of regulations.
19.32.030 Permitted uses.
19.32.040 Conditional uses.
19.32.050 Height of buildings and
structures.
19.32.060 Lot area and width.
19.32.070 Building coverage and
setbacks.
19.32.080 Permitted yard encroachments.
19.32.010 Purpose.
The residential duplex zoning district is intended
to allow a second dwelling unit under the same
ownership as the initial dwelling unit on appropriate
sites in areas designated for multiple family use by
the Cupertino General Plan. The residential duplex
district is intended to increase the vaziety of housing
opportunities available within the community while
maintaining the existing neighborhood chazacter.
(Ord. 1601 Exh. A (part), 1992)
19.32.020 Applicability of regulations.
No building, structure or land shall be used. and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an R-2 residential
duplex district other than in conformance with the
provisions of this chapter and other applicable
provisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.32.030 Permitted uses.
The following uses shall be permitted in the R-2
residential duplex district:
A. Two-family use under one ownership;
B. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
C. Home occupations in each unit of a residen-
tial duplex dwelling subject, when accessory to per-
mitted residential use as provided in Chapter 19.92
of this title, and subject to any use permit require-
ments contained in that chapter;
D. The keeping in each dwelling unit of a maxi-
mum of four adult household pets; provided that no
more than two adult dogs and two adult cats may be
kept in each unit;
E. Utility facilities essential to provision of
utility services to the neighborhood, but excluding
business offices, construction or storage yards, main-
tenance facilities, or corporation yard. (Ord. 1601
Exh. A (part), 1992)
19.32.040 Conditional uses.
The following uses may be conditionally allowed
in the R-2 residential duplex district subject to issu-
ance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124;
2. Home occupations which require a condi-
tional use permit pursuant to Chapter 19.92 of this
title;
3. Small-family day care home, in each unit.
B. Issued by the Planning Commission:
1. Large-family day care home, in each unit;
2. Residential care homes in each unit. (Ord.
1601 Exh. A (part), 1992)
19.32.050 Height of buildings and
structures.
The height of buildings and structures in R-2
zones shall be restricted as follows:
A. The maximum height shall be two stories, not
exceeding a total of thirty feet;
B. Accessory buildings shall be limited to a
height of one story not exceeding a total of fifteen
feet;
C. The City Council may prescribe that all
buildings in a designated area be limited to one
story in height (not to exceed eighteen feet) by
588-12a (Q,putino 12-93)
19.40.010
Chapter 19.40
RESIDENTIAL HILLSIDE (RHS) ZONES*
Sections:
19.40.010 Purpose.
19.40.020 Applicability of regulations.
19.40.030 Permitted uses.
19.40.040 Conditional uses.
19.40.050 Site development regulations.
19.40.060 Building coverage, setbacks
and height restrictions.
19.40.070 Design standards.
19.40.080 Fencing.
19.40.090 Permitted yard encroachment.
19.40.100 Geologic and soils report
procedures.
19.40.110 Private roads and driveways.
19.40.120 Solar design.
19.40.130 Interpretation of planning
director.
19.40.140 Exceptions.
19.40.150 Severability clause.
* Prior history: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to
regulate development commensurate with com-
munity goals, as described in the General Plan, to
preserve the natural setting in the hillsides. This
chapter utilizes performance standards and specific
regulations to ensure that the utilization of land for
residential uses is balanced with the need to con-
serve natural resources and protect life and property
from natural hazards. Specifically, this chapter is
intended to accomplish the following objectives:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure the provision of light and air to indi-
vidual residential parcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationship between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the community;
F. Maintain a balance between residential devel-
opment and preservation of the natural hillside set-
ting;
G. Promote compatibility of colors and materials
of structures and the surrounding natural setting.
(Ord. 1634 (part), 1993)
19.40.020 Applicability of regulations.
No building or structure or land shall be used,
and no building or structure shall be hereafter erect-
ed, structurally altered or enlarged in a residential
hillside (RHS) zone, otherwise than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title. (Ord. 1634 (part), 1993)
19.40.030 Permitted uses.
The following uses shall be permitted in an RHS
zoning district:
A. Single-family dwelling units with not more
than one dwelling unit per lot;
B. A second dwelling unit which conforms to
the procedure, standards and requirements of Chap-
ter 19.84 of this code;
C. Home occupations which conform to the
procedure, standards and requirements of Chapter
19.92 of this code;
D. Accessory buildings which conform to the
procedures, standards and requirements of Chapter
19.80 of this code;
E. Small family day care home;
F. Group care activities;
G. The keeping of animals as follows:
1. Household pets limited to one animal per
three thousand square feet of lot area,
2. Adult dogs are limited to a maximum of two,
3. Small household pets,
4. Large animals, such as horses, cows, sheep
and goats, limited as follows:
a. One large animal for the first forty thousand
square feet of land area, except mules and donkeys
which require eighty thousand square feet for the
first animal,
583-17 (Cupertino 12-93)
19.40.030
b. One additional large animal for each twenty
thousand square feet of land area,
5. The required lot area for a large animal shall
not be included in the required lot area fora house-
hold pet or vice versa, except that a maximum of
two household pets may be kept with large animals,
6. All animals must be kept and maintained in
accordance with other Cupertino or Santa Clara
County codes and ordinances,
7. No animals kept and maintained in an RHS
zoning district may be raised for commercial pur-
poses. (Ord. 1634 (part), 1993)
19.40.040 Conditional uses.
The following uses may be conditionally allowed
in the RHS zoning district subject to the issuance of
a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses subject to regulations estab-
lished by Chapter 19.128 of this code,
2. Large family day care home,
3. The keeping of any animal not otherwise
permitted in Section 19.40.030G,
4. Home occupations that require a conditional
use permit pursuant to Chapter 19.92 of this code,
5. Buildings or structures which incorporate
solar design features that require variations from
setbacks, upon a determination by the Director that
the design feature or features will not result in pri-
vacy impacts, shadowing, or intensive noise, odor,
or other adverse impacts to the surrounding area,
6. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84 of this
code,
7. Crop, tree or horticultural farming for com-
mercial purposes,
8. Sale of products grown or produced on the
property, including, but not limited to, agricultural
products, honey, milk, eggs, etc., to the extent this
use does not become the primary income-producing
activity of the household;
B. Issued by the Planning Commission:
1. Limited commercial recreation uses, such as
riding clubs and related stables and trails, golf
courses, swimming and picnic grounds,
2. Other uses which, in the opinion of the Plan-
ning Commission, are consistent with the character
of the hillside zones and are of the same general
character as the uses described in Sections 19.40.030
and 19.40.040. (Ord. 1634 (part), 1993)
19.40.050 Site development regulations.
The following guidelines are a compilation of
policies described in the General Plan and are in-
tended to govern the preparation of development
plans in RHS zones. All provisions of this section,
except subsections A, B and C, may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Dwelling Unit Density.
1. The residential density for development with-
in an RHS zoning district shall be determined by the
General Plan, based upon slope density standards
described therein.
2. Upon recordation of a subdivision map or
parcel map in an RHS zoning district, density cred-
its derived from application of a slope density for-
mula to alot or group of lots may not be transferred
to property outside the subdivision or parcel map
boundary.
B. Parcel Consolidation. Development on any
parcel less than five acres in size in the five to
twenty acre slope density designation shall not occur
if it is vacant and held in common ownership, on or
after June 2, 1993, with an adjacent parcel unless
the property owner consolidates the parcels. If feasi-
ble, the property owner may resubdivide the result-
ing parcel into lots which conform to the five to
twenty acre slope density designation.
C. Lot Area.
1. The minimum lot area for a specific property
shall correspond to the smallest lot size permitted by
the density provisions of the land use element of the
General Plan.
2. In the event that a property is designated by
the General Plan for application of slope density
regulations, the minimum lot size shall be the aver-
(Cupertino 12-93) 588_18
19.40.050
age lot area computation for a zero percent slope
gradient. (The zero percent slope gradient for the
slope density formula is contained within Appendix
E of the General Plan.)
3. In slope density compilations, the average lot
area is the gross lot azea. Accordingly, the minimum
lot area measurement may include the street area
bounded by the street centerline, the street right-of-
way line, and the extended side yard to the street
centerline.
D. Lot Width Minimum. The minimum lot width
in an RHS zoning district is seventy feet, measured
at the front setback line; provided, however, that
there is no minimum lot width for lots served by a
private driveway and which do not adjoin a public
street.
E. Development on Substandazd Lots. No struc-
tures or improvements proposed on existing, vacant
legal lots in the Foothill Modified and Foothill
Modified Half Acre slope density designations of
the General Plan which aze substandard in size, shall
occur unless an exception is granted.
F. Lots Adjoining Public Open Spaces. For lots
adjacent to public open space preserves or parks, the
driveway and building shall be located in a manner
to be set as far as feasible from the preserve or park
and designed in a manner to minimize impacts on
the preserve or park.
G. Site Grading.
1. All site grading shall be limited to two thou-
sand five hundred cubic yazds. The two thousand
five hundred cubic yazds includes building pad, yazd
areas, driveway and all other azeas requiring grad-
ing. The graded azea shall be limited to the building
pad areas to the greatest extent possible. A maxi-
mum of one thousand square feet of flat yazd area
may be graded. All cut and fill azeas shall be round-
ed to follow the natural contours and planted with
landscaping which meets the requirements in Section
19.40.OSOH.
2. A licensed landscape architect shall review
grading plans and, in consultation with the applicant
and the City Engineer, shall submit a plan to pre-
vent soil erosion and to screen out and fill slopes.
H. Landscaping.
1. A licensed landscape architect shall prepare
a tree planting plan for the site which will screen
grading azeas, and residential structures, to the great-
est possible extent, as well as to reintroduce trees on
barren slopes which were denuded by prior agricul-
tural activities.
2. Landscape improvement shall met the require-
ments asestablished in the Xeriscape Landscaping
Ordinance, Chapter 14.15 of this code.
3. Landscape improvements shall be installed
prior to occupancy unless such installation is im-
practicable, in which case, the applicant shall post
a bond, cash or other security to insure installation
within aneighteen-month period from occupancy.
All such landscape azeas shall be properly main-
tained.
4. No specimen sized trees may be removed
without a permit as provided for in the Heritage and
Specimen Tree Ordinance, Chapter 14.18 of this
code. Native trees should be integrated into the site
design to~ the greatest extent possible.
I. Watercourse Protection.
1. Any watercourse identified in Figure 6-J of
the Cupertino General Plan and its existing ripazian
vegetation must be shown on all development plans.
2. All new development, including structures,
grading and clearing, must be set back at least fifty
feet on lots which are less than one acre in size and
one hundred feet on lots which are greater than one
acre. The setback shall be measured from the top of
bank of the watercourses or from existing riparian
vegetation, whichever is greater. The setback from
riparian vegetation will be measured from the drip
line perimeter.
J. Development Near Prominent Ridgelines.
1. The development of new, independent struc-
tures shall not disrupt a fifteen percent site line from
a prominent ridge as identified in Appendix A. The
fifteen percent site line shall be measured from the
top of ridge at the closest point from the structure.
2. Additions to legally existing homes located
within the fifteen percent site line of a prominent
ridgeline may not further encroach into the site line,
e.g., the addition may not add height or bulk which
Sgl;-19 (Cupertino 12-93)
19.40.050
may increase the disruption to the fifteen percent
ridgeline site line.
3. Should these requirements become impracti-
cal, alternatives will be considered through the
exception process.
K. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter-
vals not to exceed ten feet and a horizontal map
scale of one inch equals two hundred feet or larger.
Areas where slopes exceed thirty percent shall be
identified on the site development plan.
2. No structure or improvements shall occur on
slopes greater than thirty percent unless an exception
is granted or unless no more than five hundred
square feet of development, including grading and
structures, occurs on an area with a slope greater
than thirty percent.
L. Trail Linkages.
1. Among other items required to be identified
on the site plan, the site plan shall identify trail
linkages as shown in the General Plan Trail Plan, on
and adjacent to the site.
2. If a trail linkage, as shown in the General
Plan Trail Plan, is identified across a property being
developed, no development shall take place within
that area except if approved through the exception
process.
M. Views and Privacy. It is not the responsibility
of City Government to ensure the privacy protection
of the building permit applicant or owners of sur-
rounding properties that may be affected by the
structure under construction. However, the Director
of Community Development may confer with the
building permit applicant to discuss alternate means
of preventing privacy intrusion and preserving
views. (Ord. 1634 (part), 1993)
19.40.060 Building coverage, setbacks and
height restrictions.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Building Coverage. The maximum build-
ing/structure coverage is thirty percent of the net lot
area up to a maximum of six thousand five hundred
square feet of building area.
B. Floor Area Ratio. The maximum floor area
ratio is forty-five percent of the net lot area up to a
maximum of six thousand five hundred square feet
of building area.
C. Setbacks-First Floor.
1. Front Yard. The minimum front yard setback
is twenty feet, except that if the grade exceeds twen-
ty percent within the first twenty feet from the street
elevation, the minimum front yard setback may be
ten feet. The driveway and garage must be designed
to enable vehicles to park off-street.
2. Side Yard. The minimum side yard setback
is ten feet, provided that a minimum of fifteen feet
shall be provided on the street side of a corner lot.
3. Rear Yard. The minimum rear yard setback
shall be twenty feet.
D. Setbacks-Second Floor.
1. Front/Rear.
a. Downhill Elevation. The second story down-
hill elevation shall have aten-foot minimum offset
measured from the first story downhill facing wall
plane.
b. Uphill Elevations. The second story uphill
elevations shall have a minimum setback oftwenty-
five feet measured from property line.
2. Sides. The minimum side yard setback shall
be fifteen feet measured from property line.
3. A second story offset may be measured from
the outside perimeter of the first-story roofed porch-
es. The roof of the porch must match, in pitch and
style, the roof of the main structure. The porch must
also be at least five feet in width and extend the
length of the wall on which it is located.
E. Setback-Habitable Third Floor. The mini-
mum setbacks for a habitable third floor shall be the
same as those for a second floor, except that the
minimum side yard setback shall be twenty feet.
F. Height of Principal Buildings and Structures.
1. The maximum height of a principal building
in an RHS zone shall be thirty feet (excluding chim-
neys, antennae, or other appurtenances).
(Cupertino 12-93) St4tg-2,0
19.40.060
2. Heights exceeding twenty feet shall be subject
to the setback regulations prescribed in Section
19.40.060D and E. (Ord. 1634 (part), 1993)
19.40.070 Design standards.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Building and Roof Forms.
1. The primary downhill orientation of the buil-
ding shall follow as closely as possible the primary
natural contour of the lot.
2. The main slope direction of the roof shall
follow the natural slope direction of the hillside.
3. Second story dormers are permitted within
the second story setbacks as long as they are minor
in shape and size.
4. The downhill elevation of the main structure
shall have a minimum of four offset building and
roof elements. These requirements are intended to
provide vazied building forms to produce shadow
patterns which reduce the impact of visual mass.
5. Wall planes exceeding one story or twenty
feet in height, whichever is more restrictive, must
contain architectural elements which provide relief
and break up expansive wall planes.
B. Colors. Exterior colors of all structures on the
lot shall use natural earth tone and/or vegetation
colors which complement the natural surroundings
and shall not exceed a reflectivity value of sixty on
a flat surface. Natural earth-tone and vegetation
colors include natural hues of brown, green and
shades of gray.
C. Outdoor Lighting. All outdoor lighting shall
be identified on the site development plan. No high-
intensity lights are permitted for tennis courts or
other recreational purposes. Movement-activated
security lights, not to exceed one hundred watts, are
permitted but must be shielded to avoid all off-site
intrusion. All other lights must be directed to meet
the particular need. (Ord. 1634 (part), 1993)
19.40.080 Fencing.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
All fences in an RHS zoning district shall be gov-
erned by the following regulations:
A. Solid board fencing shall:
1. Not be limited on lots of less than thirty
thousand square feet net azea;
2. Be limited to a five thousand square foot area
(excluding the principal building) for lots exceeding
thirty thousand square feet in net lot area.
B. Open fencing (composed of materials which
result in a minimum of seventy-five percent visual
transparency) shall be unrestricted except that such
fencing over three feet in height may not be con-
structed within the front yard setback. (Ord. 1634
(part), 1993)
19.40.090 Permitted yard encroachment.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Architectural featwes (not including patio
covers) may extend into a required yazd a distance
not exceeding three feet, provided, that no azchitec-
tural feature or combination thereof, whether a
portion of a principal or accessory structure, may
extend closer than three feet to any property line.
B. Additions to Existing Structures. Except for
structures located within the prominent ridgeline site
line, where asingle-family dwelling legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along the
existing building lines even when the existing first
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This applies to the first
story only. This section shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a vaziance, either before or after such building be-
comes part of the City. The extension or addition
may not fwther encroach into any required setback;
e.g., a single story may be extended along an exist-
SgS-21 (Cupertino 12-93)
19.40.090
ing five-foot side yard setback even though the
other side yard does not equal ten feet. However, in
no case shall any wall plane of a first story addition
be placed closer than three feet to any property line.
(Ord. 1634 (part), 1993)
19.40.100 Geologic and soils report
procedures.
A. A geological report prepared by a certified
engineering geologist and a soils report prepared by
a registered civil engineer qualified in soils mechan-
ics by the state shall be submitted prior to the issu-
ance of a building permit for construction of any
building or structure which:
1. Is located on property in an RHS zoning
district which has been designated by the General
Plan to be within a geological hazard area; and
2. Where an addition, alteration or repair of an
existing building or structure include at least one of
the following:
a. The improvements include increasing the
occupancy capacity of the dwelling such as adding
a bedroom or secondary unit, or
b. The cost of the completed addition, alteration
or repairs will, during any period of twelve months,
exceed twenty-five percent of the value of the exist-
ing improvements as determined by the building
official based on current per foot value of the pro-
posed structure to the existing structure's value on
a parcel of property. For the purposes of this sec-
tion, the value of existing improvements shall be
deemed to be the estimated cost to rebuild the im-
provements in kind, which value shall be determined
by the building official.
B. These reports shall be filed in conjunction
with a site development plan and, in addition to the
requirements of Chapter 16.12 of this code, shall
contain:
1. All pertinent data, interpretations and evalua-
tions, based upon the most current professionally
recognized soils and geologic data;
2. The significance of the interpretations and
evaluations with respect to the actual development
or implementation of the intended land use through
identification of any significant geologic problems,
critically expansive soils or other unstable soil con-
ditions which if not corrected may lead to structural
damage or aggravation of these geologic problems
both on- and off-site;
3. Recommendations for corrective measures
deemed necessary to prevent or significantly miti-
gate potential damages to the proposed project and
adjacent properties or to otherwise insure safe devel-
opment of the property;
4. Recommendations for additional investiga-
tions that should be made to insure safe develop-
ment of the property;
5. Any other information deemed appropriate by
the City Engineer.
C. No building permit shall be issued for the
construction of any building or structure on property
which is subject to regulation under this section,
unless the building and site plans incorporate the
above-described corrective measures and unless the
plans are approved by the City Engineer. (Ord. 1634
(part), 1993)
19.40.110 Private roads and driveways.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Pavement Width and Design. The pavement
width and design for a private road or common
driveway serving two to five lots and asingle-lot
driveway shall comply with development standards
contained in the Hillside Subdivision Ordinance,
Chapter 18.13 of this code.
B. Reciprocal Ingress/Egress. An applicant for
a building permit for a lot served by a private road
or common driveway shall record an appropriate
deed restriction guaranteeing reciprocal in-
gress/egress easement to adjoining property owners
who utilize the private road or common driveway
for the primary access to their lot(s).
C. Reciprocal Maintenance Agreement. The
applicant for a building permit for a lot served by
a private road or common driveway shall record an
appropriate deed restriction guaranteeing participa-
tion in a reciprocal maintenance agreement with
(Cupertino 12-93) 588_22
19.40.110
other lot owners utilizing the private road or com-
mon driveway for primary access.
D. Gates. Gates may be used to control access
to private roads and driveways provided that the
design of the gate, including location, dimension
and the locking devices, are approved by the Direc-
tor of Community Development after consultation
with the Central Fire District. (Ord. 1634 (part),
1993)
19.40.120 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes; provided, that
no such structure shall infringe upon solar access or
property rights of adjoining property owners. Any
solar structure which requires variation from the
setback or height restrictions of this chapter may be
permitted upon issuance of an exception by the
Planning Commission. (Ord. 1634 (part), 1993)
19.40.130 Interpretation of planning
director.
The Director of Community Development shall
be empowered to make reasonable interpretations of
the regulations and provisions of this chapter, con-
sistent with the legislative intent thereof. Persons
aggrieved by an interpretation of this chapter by the
Director of Community Development may petition
the Planning Commission in writing for review of
the interpretation. (Ord. 1634 (part), 1993)
19.40.140 Exceptions.
A. Exceptions may be granted by the Planning
Commission for development on hillside lots for
which the development requirements contained on
Sections 19.40.OSOD through M, 19.40.060,
19.40.070, 19.40.080, 19.40.090, 19.40.110, and
19.40.120 will not be met.
B. A request for exception must be submitted on
a form as prescribed by the Director of Community
Development. The application shall be accompanied
by a fee prescribed by City Council resolution, no
part of which shall be refundable to the applicant.
Upon receipt of an application for an exception, a
time and place for a public hearing before the Plan-
ning Commission shall be set. A Notice of Public
Hearing for an exception under this chapter shall be
given in the same manner as provided in Section
19.120.060. The Planning Commission shall hold a
public hearing at which time the Planning Commis-
sion may grant an exception only if all the follow-
ing findings are made:
Notwithstanding any other provision of this chap-
ter to the contrary, if initial completed building
plans are filed with the City before November 15,
1993, then the Planning Commission shall grant an
exception under this section if the Planning Com-
mission finds that such plans are consistent with the
City General Plan Policies 2-40, 2-46, 2-47, 2-48,
2-49, 2-50, 2-51, 2-52, 2-53, 2-54, 2-55, 2-56, 2-57,
5-14, 5-15, 5-16, 5-17 and 5-28, and including the
following:
A. That geological soils and drainage conditions,
the extent of grading, watercourses and riparian
corridors, plant and wildlife impacts, and ridge line
visibility has been considered and that any adverse
environmental impacts for developing on a substan-
dard lot will be mitigated;
B. That alternative development areas have been
considered and found to create a greater negative
environmental impact;
C. That the literal enforcement of the provisions
of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter;
D. That granting of an exception will not result
in a condition that will be detrimental or injurious
to property or improvements in the vicinity and will
not be materially detrimental to the public health,
safety or welfare;
E. That 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;
F. That proposed exception will not result in a
hazardous condition for pedestrian and vehicular
traffic; and
G. That adequate public services and legal access
exist to serve the lot.
58~i-22a (Cupertino 12-93)
19.40.140
After a public hearing, the Planning Commission
may approve, conditionally approve or deny the
application of an exception. An application may be
appealed to the City Council as provided for in
Section 19.136.060. (Ord. 1634 (part), 1993)
19.40.150 Severability clause.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
The legislative body declares that it would have
passed 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 unconstitu-
tional. (Ord. 1634 (part), 1993)
(Cupertino 12-93) St~t~-22b
19.44.010
Chapter 19.44
RESIDENTIAL SINGLE-FAMILY CLUSTER
(RIC) ZONES
Sections:
19.44.010 Purpose.
19.44.020 Applicability of regulations.
19.44.030 Characteristics of RIC zones.
19.44.040 Permitted uses.
19.44.050 Conditional use permit.
19.44.060 Site development regulations.
19.44.070 Specific development standards.
19.44.080 Changes after granting of a
cluster zone.
19.44.010 Purpose.
The purpose of a cluster zone is to promote
neighborhood identity and enhance the quality of
life for City residents by encouraging developers to
use a more creative approach in land development,
to provide a means for reducing the amount of street
improvements and public utilities required in resi-
dential development, to conserve natural features,
and to facilitate the .provision of more desirable
aesthetic and efficient use of open space. (Ord. 1601
Exh. A (part), 1992)
19.44.020 Applicability of regulations.
A. The requirements of this chapter, unless
waived or modified, must be met with respect to all
real properties intended to be developed as, or con-
verted to, a single-family residential cluster
development as described in this chapter, including
the conversion of existing apartment houses to
condominiums.
B. The requirements of this chapter can be
waived or modified if the Planning Commission and
City Council make any one of the following find-
ings:
1. Although one or more specific standards
cannot be complied with because of property size
constraints, existing building morphology, topo-
graphical problems, or other conditions beyond the
control of the property owner/developer, the pro-
posed project substantially complies with the general
standards contained within this chapter;
2. That the proposal provides for low-moderate
income and senior citizen housing in a manner
consistent with the housing element of the General
Plan.
C. Compliance with the requirements of this
chapter does not relieve the owner or developer of
property intended to be included in asingle-family
residential cluster zone from complying with all
other applicable City ordinances or conforming to
the provisions of the City's General Plan.
D. No building, structure or land shall be used,
and no building or structure shall be hereafter erect-
ed, structurally altered or enlarged in a residential
cluster zone, otherwise than in conformance with the
following provisions; except that uses, buildings and
structures lawfully in existence at the time this
chapter takes effect may remain as long as no alter-
ations take place (except those alterations permitted
by Santa Clara Ordinance NS-1200, Section 30, as
it existed on October 10, 1955, which has been
adopted by the City of Cupertino). (Ord. 1601 Exh.
A (part), 1992)
19.44.030 Characteristics of RIC zones.
A. A residential single-family cluster zone is a
land use designation for asingle-family residential
use upon a parcel of real property, a portion of
which consists of:
1. An undivided interest in a common area used
for open space, recreational, parking, vehicular and
pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each
family residing on the parcel.
B. The separate property interests may include:
1. Individual subparcels which comprise building
areas only or building areas plus private yards or
atria; or
2. Separate property interests in space in a
residential building on the parcel; or
3. Both types of separate property interests
enumerated above. (Ord. 1601 Exh. A (part), 1992)
5g}~-22C (Cupertino 12-93)
19.44.060
4. A map showing the proposed system of pub-
lic and private streets, including cross-sections for
all types of streets;
5. A description of immediately adjoining land
use types, including the location of structures;
6. The architectural theme of the development
and the location of buildings, building configura-
tions, building heights, building square footages,
fence lines, private patio and balcony areas, and lot
lines. A coding system shall be used to delineate
unit types relative to number of stories and number
of bedrooms. A land use distribution table shall be
prepared setting forth the net property size and the
land azea devoted to various land use activities.
(Ord. 1601 Exh. A (part), 1992)
19.44.070 Specific development standards.
A. There is no minimum development area for
a residential cluster zoning district.
B. Setbacks. There is not specific requirement
for setbacks other than a requirement that a distance
of twenty-five feet shall be a setback be provided on
a corner lot to the extent that aforty-foot sight
triangle is provided, and that units immediately adja-
cent to the development boundary shall have the
same setbacks as required in the adjacent zones.
C. Height. The maximum height shall be thirty
feet measured as the vertical distance from the aver-
age of the highest and lowest finished grade
adjacent to a building to the highest point of said
building. An increase in height shall be permitted if
the Planning Commission or City Council determine
chat such height increase will not have an adverse
impact upon the immediately adjacent neighborhood.
Generally, units immediately adjacent to the devel-
opment azea boundary shall not exceed the height
of existing dwelling units adjacent to the develop-
ment area.
D. Site Design.
1. Front entryways shall be private by either
orientating them in a different direction from adjoin-
ing units, by utilization of an enclosed patio, by
utilization of wing walls, by utilization of a recessed
foyer, or through other design techniques.
2. All dwelling units (and buildings containing
condominium units) shall be interconnected by
pedestrian walks fully separated from moving vehi-
cles.
3. Each unit shall have direct access to common
open spaces.
4. In family-oriented planned residential com-
munities, playfields shall be incorporated into com-
mon open space to accommodate group play activi-
ties.
5. Small sitting areas or tot lots shall be provid-
ed throughout each project to provide informal
meeting space to enable immediate neighbors to
interact with each other when they so desire.
E. Streets.
1. The pavement, curbs, gutters and storm drains
and water mains of the private street shall be con-
structed to [he standards of City streets, subject to
the approval of the City Engineer, except that the
City Engineer, may permit modifications recom-
mended by a licensed engineer. The minimum width
of a private street shall be twenty-four feet curb to
curb, with curb and gutter on both sides of the
street.
2. All private streets shall be inspected by the
City during construction.
3. Sidewalks shall be a minimum of four and
one-half feet in width.
4. The private street and the major walkways
shall be lighted to an intensity approved by City
Engineer. The type and location of electroliers are
subject to approval by the Planning Commission.
5. There shall be a system for the naming of the
private street and for address numbers, subject to
approval by the Building Department after consulta- .
bons with the Postmaster, the Central Fire District
and the County Communications Office.
6. A bicycle circulation system shall be incorpo-
rated into the project design in a manner which, to
the greatest degree possible, separates bicycle move-
ments from motor vehicles and pedestrians. The
bicycle system shall interface with existing and
planned City-wide systems.
7. The owner of the development will be re-
quired to participate in the initiation of a City ordi-
588-25 (CupMino 12-93)
19.44.070
nance to make the private streets subject to the
Vehicle Code, under the provisions of Section
21107.7 of the Code, the provisions of such ordi-
nance to be subject to the approval of the enforcing
agency.
8. The roadways of the private street, plus a
five-foot-wide strip on either side, shall constitute
a public service easement; other public service or
utilities easements may be incorporated in the plan.
9. Adequate turnaround space shall be provided
at the termini of the private streets subject to the ap-
proval of the Central Fire District.
F. Improvements and Covenants for Common
Area.
1. Improvement of the common areas shall be
completed by the developer and shall be subject to
bonding and other procedures in the same manner
as required for street improvements by the
Subdivision Ordinance. The common areas shall be
deeded to an association of the homeowners for
whose benefit the common area is set aside; devel-
opment rights shall in this case be dedicated to the
City.
2. Maintenance of the common areas shall be
the responsibility of the homeowners association to
which the common areas are deeded. In the event
the private road, driveways, parking areas, walk-
ways, landscaping or buildings are not maintained
to applicable City standards, the City may, after
notice and advertised public hearing, effect the
necessary maintenance, with the cost therefor to be
a lien on the property.
3. To assure that the open space shall be avail-
able for the entire development, the development
rights to the common area shall be dedicated to the
City of Cupetino in advance of the recordation of
a final subdivision map.
4. Prior to recordation of the declaration of
covenants, conditions and restrictions by the devel-
opers, the declaration shall be reviewed by the City
Attorney to determine its compatibility with the
intent and conditions as set forth herein. Any chang-
es inthe declaration shall be subject to the approval
of the City Council.
5. The articles of incorporation of the homeown-
ers association and any other instrument related to
the association shall be subject to the approval of
the City Attorney. (Ord. 1630 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.44.080 Changes after granting of a
cluster zone.
A. In the event that the applicant shall desire to
make any change, alteration or amendment in the
approved Development Plan or covenants after a
cluster zone has been granted by the City Council,
a written request and revised development plan shall
be submitted to the Building Department. Along
with the plans, a letter of approval from the appro-
priate homeowners association or architectural board
shall be submitted.
B. If the number of dwelling units is not in-
creased, and the City Planner makes a finding that
tl~e changes are minor and do not affect the general
appearance of the area or the interests of owners of
property within or adjoining the development area,
the building permit will be issued. If the homeown-
ers association fails to act, the Planning Director
may make a determination of significance. The
Planning Director may issue a building permit or
require that the applicant receive architectural and
site approval. If the homeowners association issues
a statement opposing the proposed modifications,
the property owner must submit for architectural and
site approval. Building permits will not be issued
until City Council approves the request (Resolution
No. 4128).
C. A material change in [he Development Plan,
including change of requirements or conditions, or
an increase of the number of dwelling units, shall
be processed as a zone change.
D. The requirements of this chapter can be
waived or moditied if the Planning Commission or
City Council makes any one of the following find-
ings:
1. Although one or more specific standards
cannot be complied with because of property size
constraints, existing building morphology, topo-
graphical problems, or other conditions beyond the
(GlrpeRino 12-93) 588_26
19.44.080
control of the property owner/developer, the pro-
posed project substantially complies with the general
standards contained within this chapter;
2. That the proposal provides for low-moderate
income and senior citizen housing in a manner
consistent with the housing element of the General
Plan.
E. Compliance with the requirements of this
chapter does not relieve the owner or developer of
property intended to be included in asingle-family
residential cluster zone from complying with all
other applicable City ordinances or conforming to
the provisions of the City's General Plan.
F. No building, structure or land shall be used,
and no building or structure shall be hereafter erect-
ed, structurally altered or enlazged in a residential
cluster zone, otherwise than in conformance with the
following provisions; except that uses, buildings and
structures lawfully in existence at the time the
ordinance codified in this title takes effect may
remain as long as no alterations take place (except
those alterations permitted by Chapter 19.112). (Ord.
1601 Exh. A (pazt), 1992)
58$-27 (Cupertino 12-93)
19.48.010
Chapter 19.48
PLANNED DEVELOPMENT (PD) ZONES
Sections:
19.48.010 Purpose.
19.48.020 Applicability of regulations.
19.48.030 Establishment of districts-
Permitted and conditional uses.
19.48.040 Conceptual development plans.
19.48.050 Action by the Planning
Commission.
19.48.060 Zoning or prezoning-Action
by the City Council.
19.48.070 Use permit required-
Definitive development plan.
19.48.080 Action by Planning
Commission.
19.48.090 Conditional use permit-Action
by the City Council.
19.48.110 Modifications of the definitive
development plan.
19.48.010 Purpose.
A. The planned development (PD) zoning district
is intended to provide a means of guiding land
development or redevelopment of the City that is
uniquely suited for planned coordination of land
uses and to provide for a greater flexibility of land
use intensity and design because of accessibility,
ownership patterns, topographical considerations,
and community design objectives.
B. The planned development zoning district is
specifically intended to encourage variety in the
development pattern of the community; to promote
a more desirable living environment; to encourage
creative approaches in land development; to provide
a means of reducing the amount of improvements
required in development through better design and
land planning, to conserve natural features, to facili-
tate amore aesthetic and efficient use of open
spaces, and to encourage the creation of public or
private common open space. (Ord. 1601 Exh. A
(part), 1992)
19.48.020 Applicability of regulations.
No building, structure or land shall be used and
no building or structure shall be erected, enlazged
or structurally altered, or demolished, in any
planned development zoning district, except in ac-
cordance with the provisions set forth in this chap-
ter. (Ord. 1601 Exh. A (pazt), 1992)
19.48.030 Establishment of districts-
Permitted and conditional uses.
A. Planned development zoning districts may be
established, modified or removed from the zoning
map, and the regulations applicable to any planned
development district may be established, modified
or deleted in accord with the procedures described
in this chapter.
B. All PD districts shall be identified on the
zoning map with the letter coding "PD" followed by
a specific reference to the general type of use al-
lowed inthe particular planning development zoning
district. For example, a planned development zoning
district in which the uses are to be general commer-
cial in nature, would be designated "PD (GC)." A
planned development zoning district in which the
uses are intended to be a mix of general commercial
and residential would be designated "PD (GC/R)."
C. Permitted uses in a PD zoning district shall
consist of all uses which are permitted in the zoning
district which constitutes the designation following
the letter coding "PD." For example, the permitted
uses in a PD (GC) zoning district are the same uses
which are permitted in a GC zoning district.
D. Conditional uses in a PD zoning district shall
consist of all uses which require the issuance of a
conditional use permit in the zoning district which
constitutes the designation following the letter cod-
ing "PD." For example, the conditional uses in a PD
(GC) zoning district are the same uses which require
a conditional use permit in GC zoning district. Each
conditional use in a PD zoning district requires a
separate conditional use permit.
E. The general category of uses in a PD zone
shall be defined at the time of the conceptual plan,
and shall be consistent with the adopted General
Plan relative to the property in the application. The
(Cupertino 12-93) 588_28
19.48.090
B. Failure of the Planning Commission to issue
a report and recommendation within forty days after
referral, or such longer period as may be prescribed
by the City Council, shall be deemed to be an
approval of the proposed modification. (Ord. 1601
Exh. A (part), 1992)
19.48.110 Modifications of the definitive
development plan.
A. Minor Modifications. In the event that the
applicant or subsequent property owner wishes to
make a minor alteration, change or amendment of
the approved definitive development plan, he shall
submit a written request to the Director of Commu-
nity Development, together with a proposed revised
definitive development plan. If the Director deter-
mines that the modification does not result in a
change in the general appearance or function of the
project, he may approve the modification in a man-
ner specified in Chapter 19.132.
B. Other Modifications. If the Director of Com-
munity Development determines that a proposed
modification to a definitive development is not
minor, then the applicant must seek an amendment
to the underlying conditional permit which may only
be considered by the City body which granted the
original conditional use permit. In the event that the
City Council is the body which will consider a
proposed amendment to a conditional use permit,
the proposal will first be referred to the Planning
Commission for hearing and recommendation.
C. Change of Use.
1. A change from a conditional use or a
permitted use to another permitted use within a PD
zoning district does not require a modification of the
definitive plan unless the change of use will also
change the general appearance or change how the
definitive development plan functions vis-a-vis
neighboring properties.
2. A change from a permitted use to a condi-
tional use requires the issuance of separate
conditional use permit by the City body which
would ordinarily consider such a permit in other
zones within the City. (Ord. 1601 Exh. A (part),
1992)
588-31 (Qipatino t2-93)
19.52.010
Chapter 19.52
DENSITY BONUS
Sections:
19.52.010 Purpose.
19.52.020 Definitions.
19.52.030 Applicability.
19.52.040 Concessions.
19.52.050 General requirements.
19.52.060 Requirements for projects with
affordable units.
19.52.070 Application procedure.
19.52.010 Purpose.
The Density Bonus Ordinance codified in this
chapter is intended to comply with the State Density
Bonus Law, Government Code Section 65915,
which provides that a local government shall grant
a density bonus and an additional concession, or
financially equivalent incentive(s), to a developer of
a housing development agreeing to construct a spec-
ified percentage of housing for lower income house-
holds, very low income households or senior citi-
zens. (Ord. 1569 § 1 (part), 1991)
19.52.020 Definitions.
As used in this chapter, the following terms shall
have the following meanings unless otherwise indi-
cated from the context:
"Affordable units" means housing units in which
the rent does not exceed twenty-five percent of the
HUD income limits for lower and very low income
households for Santa Clara County adjusted for
household size.
"Concession" means a benefit offered by the City
to facilitate construction of eligible projects as de-
fined by the provisions of this chapter. Benefits may
include, but are not limited to, priority processing,
fee deferments and waivers, granting of variances,
and relaxation of otherwise applicable permit condi-
tions.
"Density bonus" means an increase in the number
of dwelling units authorized for a particular parcel
of land beyond the maximum allowed by the Gener-
al Plan range specified on the land use map of the
City of Cupertino General Plan as of the date of the
project application.
"Economically feasible" means when a housing
project can be built with a reasonable rate of return.
The housing developer's financial ability to build
the project shall not be a factor.
"Household type" means whether the occupants
of the housing units are very low income, lower
income or senior citizens.
"Housing development" means one or more
groups of projects with residential units constructed
in the planned development of the City.
"Lower-income household" means a household
whose gross income is as established by Health and
Safety Code Section 50079.5.
"Senior citizens" means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age in a
senior citizen housing development, in accordance
with State and Federal Law.
"Senior citizen units" means:
1. Government subsidized housing units for
senior citizens;
2. Housing intended for, and solely occupied by,
persons at least sixty-two years of age; or
3. Housing consisting of at least one hundred
fifty units in which eighty percent of the units have
at least one person aged fifty-five or older and
which provide special facilities and services de-
signed for seniors.
Eligibility for a density bonus or other concession
for senior citizen units must be in conformity with
State and Federal laws governing senior housing
projects.
"Very low income household" means a household
whose gross income is as established by Health and
Safety Code Section 50105. (Ord. 1569 § 1 (part),
1991)
19.52.030 Applicability.
A. All housing developments greater than five
units (excluding density bonus units) are eligible for
one density bonus of at least twenty-five percent,
(Cupertino 12-93) Sgg-32
19.56.040
not be used or stored in any manner not approved
by the State Fire Marshal. No dry cleaning is per-
mitted of clothes other than those delivered to the
establishment by retail customers;
4. Child day care facilities within an established
business serving that business only and which do
not generate additional traffic from that produced by
business itself;
B. Issued by the Planning Commission:
1. Automobile repair shops, fire repair shops,
and other repair shops, except for minor automotive
repair and maintenance as defined by Section
19.08.030,
2. Commercial parking and pazking garages,
3. Convenience markets,
4. Hotels, motels, and boardinghouses,
5. Liquor stores,
6. Drinking establishments,
7. Full-service restaurants with or without a
separate bar facility; fast-food restaurants, with or
without a sepazate bar facility and any entertainment
facilities (e.g., dancing, live music) in association
with afull-service or fast-food restaurant,
8. Commercial entertainment establishments,
such as indoor theaters, bowling alleys, billiard and
pool parlors, dancehalls, and skating rinks,
9. Private clubs, lodges and fraternal organiza-
tions, asprinciple uses of buildings; fraternity and
sorority houses,
10. Child care centers, day nurseries, and play-
grounds accessory to commercial establishment,
11. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs,
12. Limited food processing, with retail outlets
on the same premises, caterers,
13. Pet shops and facilities for bathing, clipping,
trimming, and similar services for pets,
14. Mortuaries,
15. Minor automotive repair and maintenance,
16. Theaters,
17. Specialty food stores,
18. Automobile service stations, automobile
washing facilities,
19. Automobile, trailer, fire and boat sales and
rental, limited to new and used vehicles in operable
condition,
20. Any commercial establishments with drive-
through facilities,
21. Other commercial uses which aze neither
permitted uses nor excluded uses and which aze, in
the opinion of the Planning Commission, consistent
with the chazacter of a general commercial (GC)
zone, aze of the same general character as listed in
this section, and which do not create significant
adverse impacts to the surrounding area due to odor,
dust, fumes, glaze. radiation, vibration, noise, traffic,
or litter,
22. Late evening activities. (Ord. 1618 (part),
1993; Ord. 1601 Exh. A (part), 1992)
19.56.050 Excluded uses.
The following uses shall not be permitted in
general commercial (GC) zones:
A. Automobile repair shops, fire repair shops,
and other repair shops, except for minor automotive
repair and maintenance as permitted in Section
19.08.030 of this title;
B. Carpenter and cabinet shops, plumbing shops;
C. Lumberyards, warehouses, storage garages;
D. Nurseries and greenhouses;
E. Other uses which, in the opinion of the Plan-
ning Commission, are objectionable by reason of
odor, dust, smoke, glare, fumes, radiation, vibration,
noise, traffic or litter shall be excluded. (Ord. 1601
Exh. A (part), 1992)
19.56.060 Site development regulations.
A. Height of Buildings and Structures. Except as
otherwise provided by the General Plan, the maxi-
mum height of a building structure in a GC zoning
district is thirty feet.
B. Lot Area and Coverage. No minimum area,
except as may be provided in the General Plan, no
minimum lot area or coverage is required; provided,
however, that any lot in a GC zoning district shall
have sufficient azea to satisfy off-street parking and
loading requirements contained in this title and shall
Si3p-37 (Gtipertiuo 12-93)
19.56.060
otherwise comply with any setback regulations of
this chapter or the General Plan.
C. Required Setbacks.
1. Front Yard. Front-yard setbacks for each site
or lot in a GC zone may be established by the City
Council upon recommendation of the Architectural
and Site Committee based upon special policies
contained in the General Plan and to insure suffi-
cient space to provide adequate light, air and visi-
bility at intersections; to assure general conformity
to yard requirements of adjacent or nearby zones,
lots or parcels; and to promote excellence of devel-
opment.
2. Side and Rear Yard. No side or rear yard
setback shall be required in a GC zoning district,
except where a lot in a GC zone abuts any residen-
tial or agricultural-residential zone in which the
following regulations apply:
a. No part of any building in a GC zoning dis-
trict shall be closer to a lot in a residential or agri-
cultural-residential zone than the height of that
particular part of the building;
b. The side yard adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of eight feet;
c. The side yard adjacent to a street shall be a
minimum of twelve feet;
d. The rear yard adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of twenty feet. (Ord. 1601 Exh. A (part), 1992)
19.56.070 Architectural and site review.
Prior to the erection of a new building or struc-
ture in a GC zoning district, or prior to the enlarge-
ment or modification of an existing building, struc-
ture or site (including landscaping and lighting) in
a GC zoning district, the applicant for a building
permit must obtain architectural and site approval
from the Planning Commission. (Ord. 1630 (paR),
1993: Ord. 1601 Exh. A (part), 1992)
(Cupertino 12-93) 588-38
19.64.010
Chapter 19.64
PUBLIC BUILDING (BA),
QUASI PUBLIC BUILDING (BQ)
AND TRANSPORTATION (T) ZONES
Sections:
19.64.010 Purpose.
19.64.020 Applicability of regulations.
19.64.030 Permitted uses in a BA zone.
19.64.040 Permitted uses in a BQ zone.
19.64.050 Conditional uses in a BQ zone.
19.64.060 Conditional uses in a T zone.
19.64.070 Requirement of a development
plan.
19.64.090 Site development regulations.
19.64.010 Purpose.
The BA, BQ and T zoning districts are designed
to accommodate governmental, public utility, educa-
tional, religious, community service, transportation,
or recreational facilities in the City. (Ord. 1601 Exh.
A (part), 1992)
19.64.020 Applicability of regulations.
The specific regulations of this chapter shall
apply to all BA, BQ and T zoning districts. (Ord.
1601 Exh. A (part), 1992)
19.64.030 Permitted uses in a BA zone.
Buildings and other uses on land owned or
utilized by a Federal, State, County, or City govern-
ment or authority, or by a special district created for
public purposes under the laws of the State of Cali-
fornia aze permitted in a BA zone. (Ord. 1601 Exh.
A (part), 1992)
19.64.040 Permitted uses in a BQ zone.
Building and other uses on land owned or utilized
by the following types of organizations, for the pur-
poses enumerated herein, are permitted in a BQ
zone:
A. Rotating homeless shelter. (Ord. 1601 Exh.
A (part), 1992)
19.64.050 Conditional uses in a BQ zone.
The following uses may be conditionally allowed
in the BQ district, subject to the issuance of a con-
ditional use permit issued by the Planning Commis-
sion:
A. Public utility companies regulated by the
Public Utility Commission for uses restricted to ad-
ministrative and office buildings, communication
equipment buildings, including pazking, landscaping
and maintenance within an enclosed azea or storage
yard;
B. Religious, civic, and compazable organiza-
tions, for uses restricted to church buildings, com-
munityhalls, administrative buildings, schoolrooms,
recreational facilities, and athletic fields, convents,
seminaries, and similar uses customarily associated
with churches, including parking and landscaping
areas;
C. Child Gaze facility, group care facilities, hos-
pitals, vocational and specialized schools;
D. Lodges, clubs, country clubs, including
accessory uses such as swimming pools, picnic
areas, golf courses, driving tees or ranges, miniature
golf courses (all uses to be restricted to members of
the above organizations and their guests);
E. Large-family daycare home. (Ord. 1601 Exh.
A (part), 1992)
19.64.060 Conditional uses in a T zone.
The following uses are conditionally allowed in
the transportation (T) zoning district, subject to issu-
ance of a conditional use permit issued by the
Planning Commission:
A. Airports, airfields and helicopter terminals, in-
cluding administration and service buildings, mainte-
nance and storage yards;
B. Railroads, including terminals and stations,
freight yards, marshalling yazds, storage yards,
administrative and service buildings;
C. Bus terminals and stations, including
administration and service buildings, maintenance
and storage yards;
D. Freeways, expressways, and other roads with
limited or controlled access, including administrative
5~;8-43 (Cupertino 12-93)
19.64.060
buildings and maintenance yards. (Ord. 1601 Exh.
A (part), 1992)
19.64.070 Requirement of a development
plan.
Prior to the issuance of a conditional use permit,
or any amendment thereto, a development plan shall
be submitted to the Planning Commission. The plan
shall include:
A. Types and heights of buildings/structures and
location of areas where buildings are to be placed;
B. A proposed system of public and private
streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this
title;
E. Any other information, which the Director of
Community Development requires in order to evalu-
ate the effects of the proposed facilities on the sur-
rounding areas. (Ord. 1601 Exh. A (part), 1992)
19.64.090 Site development regulations.,
A. Maximum Height of Buildings and Structures.
The height of buildings in BA, BQ and T zone
districts is regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ
or T zoning districts; provided, however, that the
Planning Commission may establish minimum set-
backs with respect to each individual application for
a conditional use permit in order to provide ade-
quate light, air and visibility at intersections, and to
provide general conformity with adjacent and nearby
zones and lots, or to promote the general excellence
of the development;
2. Adequate screening to limit noise, to reduce
glare of lights, and to prevent obnoxious omissions
shall be provided when deemed appropriate by the
Planning Commission. (Ord. 1601 Exh. A (part),
1992)
(CLpertino 12-93) 5 $ $-Q1~
19.72.080
- Provide off-site roadway capacity 2. Potential Mitigation Strategies
improvements -Rural Context. Preserve hillsides
- Limit hours of operation or peak as quiet residential and open space ar-
bour activity eas
Intrusion. 1. General Standard - Semirural Context. Preserve deli-
- Adjoining properties shall not be cate natural ecology of floodplain and
subject to intrusion from dust, odor, lower foothills
direct visual access or glare from -Urban Context. Maximize recre-
artificial lighting ation potential where population is
2. Potential Mitigation Strategies most highly concentrated
- Provide visual barrier between Built Form. 1. General Standard
activity area and adjoining properties -Establish building height and cov-
- Specify cleanup interval for waste erage in scale to surrounding struc-
removal/dust control lures
- Control ventilation of fossil fuels - Maintain a predominantly open
and other combustibles site for outdoor recreation use areas
- Employ shielded lighting fixtures 2. Potential Mitigation Strategies
near roadways, homes or parks -Define setbacks to control shad-
Landscape. 1. General Standards owing and to offset building mass
- Provide extensive landscaping for -Limit building coverage, parking,
functional and decorative purposes driveways to a minor percentage of
where context so demands land are for outdoor recreation sites
- Maintain and enhance natural -Employ grade depressions and
landscape elements in rural and hill- berming to control visual impacts to
side areas streets and other public areas
2. Potential Mitigation Strategies (Ord. 1601 Exh. A (part), 1992)
- Use street frontage landscaping to
reinforce neighborhood setting (set- 19.72.090 Interpretation by the Community
backs, plant types, tree spacing) Development Director.
- Use interior perimeter landscaping The Community Development Director shall be
to control visual intrusion, separate empowered to make reasonable interpretations of the
conflicting uses, offset large impervi- regulations and provisions of this chapter, consistent
ous surface areas with the legislative intent thereof. Persons aggrieved
- Preserve healthy native tree speci- by an interpretation of the chapter by the Communi-
mens, especially oaks and redwoods ty Development Director may petition the Planning
- Select plant palette to complement Commission in writing for review of the interpreta-
natural materials and landforms lion. (Ord. 1601 Exh. A (part), 1992)
- Minimize disturbance of natural
grade; avoid exaggerated pad eleva-
tions
Context. 1. General Standards
- Project design should complement
the principal activity objective for the
site's geographic setting
588-49 (Cupertino 12-93)
19.76.010
Chapter 19.76
ADMINISTRATIVE AND PROFESSIONAL
OFFICE (OA) ZONES
Sections:
19.76.010 Purpose.
19.76.020 Applicability of regulations.
19.76.030 Permitted uses.
19.76.040 Conditional uses.
19.76.050 Site development regulations.
19.76.010 Purpose.
An administrative and professional office (OA)
zone is created to accommodate a demonstrated
need for development of office space together with
necessary landscaping and off-street parking facili-
ties in locations served by primary access, yet inap-
propriate for commercial development because of
close proximity to purely residential uses. It is in-
tended that the professional office uses established
in this zone shall be designed and landscaped so as
to be in harmony with such adjacent residential
uses. (Ord. 1601 Exh. A (part), 1992)
19.76.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in an administrative
and professional offices zone, otherwise than in
conformance with the provision of this chapter.
Compliance with this chapter does not relieve the
owner or developer of property intended to be in-
cluded in an (OA) zone from complying with all
other applicable City ordinances or conforming with
the provisions of the City's General Plan. (Ord.
1601 Exh. A (part), .1992)
19.76.030 Permitted uses.
The following uses shall be permitted in an ad-
ministrative and professional office zone:
A. Administrative or executive offices;
B. Professional offices;
C. Accessory facilities and uses customazily
incidental to permitted uses and otherwise conform-
ing with provision of Chapter 19.80 of this title.
(Ord. 1601 Exh. A (part), 1992)
19.76.040 Conditional uses.
Reseazch laboratories shall be permitted, subject
to issuance by the Planning Commission. This use
may include laboratories which investigate, analyze,
or experiment in order to establish new and revised
findings and standards. (Ord. 1601 Exh. A (part),
1992)
19.76.050 Site development regulations.
A. Height. Except as otherwise provided by the
General Plan, the maximum height of a principal
building structure in an OA zoning district shall not
exceed a height of two stories and. thirty feet. Ac-
cessory buildings shall not exceed one story and
fifteen feet.
B. Lot Coverage. Buildings with foundation lines
shall not exceed forty percent of the net lot area.
C. Setbacks. The minimum front-yard setback
shall be twenty feet, no portion of which may be
used for required off-street parking; side and rear
yazd setbacks shall equal those required in the neaz-
est adjacent residential zone.
D. Off-Street Parking. One parking space, ten
feet by twenty feet, shall be required for every one
hundred fifty square feet of gross floor area, or one
such space for every 1.3 employees, whichever is
greater.
E. Landscaping and Site Layout. Landscaping
and site layout shall be approved by the Architectur-
al and Site Committee.
F. Signs. All signs must conform to Title 17 of
this code. (Ord. 1601 Exh. A (part), 1992)
(Cupertino 12-93) 588-50
19.88.060
fact. The report may be revised to reflect improve••
ment, repair or replacement.
D. Organizational Document Review. The;
organizational documents shall be submitted to the;
City Attorney for a determination that such docu••
ments comply with the requirements of this chapter
and the applicable State laws.
E. Compliance with Housing, Building Code:.
and Fire Regulations. If the proposed project doe:;
not comply with the provisions of the State of Cali••
forma Uniform Building Code and regulations of the:
Santa Clara Central Fire Protection District, and/o)~
the Building Official identifies items to be conectecl
as provided in the above, any use permit issued
pursuant to this part shall require the developer [c•
furnish a bond, in a penal amount equal to the rea••
sonable estimated cost to bring their project into
compliance with such codes, such fire regulation:;
and/or such identified items to be corrected. The:
bond shall run in favor of the individual purchaser;.
and the homeowners association and shall provide:
for reasonable attorney's fees in the event of default:
by the principal. The City shall hold the bond pend••
ing issuance of the certificate of completion.
F. Public Hearings.
1. The tentative map, use permit and rezonint;
poRion of the application will be heard in a public:
hearing before the Planning Commission. The Plan••
Wing Commission will recommend either approval
or denial to the City Council. If the City Counci l
approves the proposed conversion, the applicant willl
be required to submit detailed site improvemenr
plans to the Planning Commission for any exterior
alterations or improvements to the buildings and/o~-
landscaping.
2. The Planning Commission will make a final
recommendation to the City Council regarding the:
improvements. The City Council's final action wil l
be a review of the architectural plan and final male
to determine approval or denial of the project.
G. Letter Certifying Compliance. The Director
of Community Development shall cause a final in••
specdon of all buildings and structures to be made,
upon request by the developer, to determine that the
requirements of this chapter have been fulfilled. The;
Building Official shall then mark the inspection re-
port to show the corrections, repairs and replace-
ments which have been made. If complete, the Di-
rector will cause to be issued a letter certifying
compliance with all of the conditions and approvals
and with this title and authorize sale and/or occu-
pancy of the units. No building or unit applied for
under this chapter shall be sold without the letter
certifying compliance and approving occupancy.
(Ord. 1630 (part), 1993; Ord. 1601 Exh. A (part),
1992)
:)gg-61 (Clrpertino 12-93)
19.92.010
Chapter 19.92
HOME OCCUPATIONS
Sections:
19.92.010 Purpose.
19.92.020 General requirements.
19.92.030 Standards.
19.92.040 Interpretation of standards.
19.92.050 Persons employed.
19.92.060 Excluded occupations.
19.92.070 Nonconforming uses.
19.92.010 Purpose.
A. The purpose of this chapter is to permit and
regulate the conduct of home occupations as an ac-
cessory use in a residence, whether owner or renter
occupied, and to ensure that such home occupations
are compatible with the neighborhoods in which
they are located. The intent is to protect residential
areas from adverse effects of activities associated
with home occupations, while allowing residents of
the community to use their homes as a workplace
and a source of livelihood under certain conditions.
B. The City acknowledges that changes in
technology and composition of the work force,
among other factors, have contributed to a growing
interest on the part of Cupertino citizens to live and
work in their homes. The City also finds that home
business enterprises can• help reduce commuter-
traffic impacts, reduce or eliminate child care ex-
penses for people with young families, and provide
the opportunity to test creative business ventures
with greatly reduced startup costs. (Ord. 1601 Exh.
A (part), 1992)
19.92.020 General requirements.
A. A "home occupation" is a business, profes-
sion, occupation or trade activity of a nonresidential
nature which is performed by the resident(s) of a
dwelling unit within that dwelling unit, or a yard
area or garage associated with that dwelling unit, for
purposes of generating income or engaging in gain-
ful employment, whether for monetary or similar
forms of compensation, by means of the manufac-
ture, provision and/or sale of goods and/or services,
but which activity is clearly incidental to the use of
the dwelling for residential purposes.
B. Home occupations conducted in accordance
with the provisions of this chapter shall be permitted
in residential zones, and in other azeas where resi-
dential use is allowed, provided that the occupation
is cleazly incidental and secondary to the use of the
dwelling for residential purposes, and does not
change the residential character thereof; and pro-
vided that such occupation is not detrimental to the
health, safety, public welfare and property values in
the neighborhood.
C. Authorization to establish a home occupation
shall be evidenced by payment of a business tax and
the issuance of a City of Cupetino business license
tax certificate. All home occupations shall be subject
to all provisions of the Cupertino Municipal Code
regulating the issuance of business licenses. (Ord.
1601 Exh. A (part), 1992)
19.92.030 Standards.
The requirements set out in Table 19.92.030 must
be met at the establishment of the home occupation,
and must be maintained on a continuing basis dur-
ing operation of the business activity. (Ord. 1601
Exh. A (part), 1992)
(Ctipertino 12-93) 588_62
19.128.010
Sections:
19.128.010
19.128.020
19.128.030
19.128.040
Chapter 19.128
TEMPORARY USES
Conditional use permit for
temporary uses.
Conditions to issuance.
Required findings.
Review of the Director's action.
19.128.010 Conditional use permit for
temporary uses.
The Director of Community Development may
grant a conditional use permit authorizing the use of
a site in any zoning district for a temporary use as
provided in this chapter. (Ord. 1601 Exh. A (part),
1992)
19.128.020 Conditions to issuance.
A conditional use permit under the provision of
this chapter is subject to the following conditions
and provisions:
A. Application for a conditional use permit shall
be made to the Director of Community Develop-
ment and shall be subject to the fee prescribed by
City Council resolution;
B. The permit may be granted by the Director
without a requirement for a public hearing and
notice as otherwise required by Chapter 19.124 of
this title;
C. The permit may include authorization to vary
from the specific requirements and regulations of the
title as may be solely related to the requested tem-
porary use;
D. A conditional use permit for a temporary use,
if granted by the Director, shall be valid fora spe-
cifically stated time period not to exceed six
months;
E. The Director may impose such reasonable
conditions or restrictions as he deems necessary to
secure the purposes of this title and to assure oper-
ation of the use in a manner compatible with exist-
ing and potential uses on adjoining properties and
in the general vicinity. (O~. 1601 Exh. A (part), 1992)
19.128.030 Required findings.
A conditional use permit for a temporary use may
be granted by the Director, if, from the application
or the facts presented to him, he makes the follow-
ing written findings:
A. The granting of the application will not be
detrimental or injurious to property or improvements
in the vicinity, and will not be detrimental to the
public, health, safety, general welfare, or conve-
nience; and
B. The proposed use will be located and con-
ducted in a manner in accord with the Cupertino
General Plan and the purposes of this title. Upon
issuance of a conditional use permit under the provi-
sions of this chapter, the Director shall provide his
written findings to the applicant, and any other
person requesting a copy. The Director shall also
immediately forwazd his written findings to the
Planning Commission and City Council as an infor-
mational item: (Ord. 1601 Exh. A (part), 1992)
19.128.040 Review of the Director's action.
Any person may appeal to the Planning Commis-
sion any decision of the Director to grant or deny
a conditional use permit under this chapter by filing
a written notice of appeal with the City Clerk within
the time limits prescribed in Section 19.136 of this
title. (Ord. 1601 Exh. A (part), 1992)
Sf38-95 (Cupertino 12-93)
19.132.010
Chapter 19.132
ADMINISTRATIVE APPROVAL OF MINOR
CHANGES IN PROJECTS
Sections:
19.132.010 Purpose.
19.132.020 Definition of minor change.
19.132.030 Applicability of chapter.
19.132.040 Division of application for
administrative approval.
19.132.050 Suspension of time periods.
19.132.060 Review and approval process.
19.132.070 Reports.
19.132.010 Purpose.
The purpose of this chapter is to provide a uni-
form and orderly procedure for expeditious adminis-
trative approval of minor changes to existing pro-
jects and plans. (Ord. 1601 Exh. A (part), 1992)
19.132.020 Definition of minor change.
"Minor change" means an alteration or modifica-
tion of an existing plan, development or project
which is substantially inferior in bulk, degree or
importance to the overall dimension and design of
the plan, development or project with no change
proposed for the use of the land in question, no
change proposed in the character of the structure or
structures involved, and no variance required. (Ord.
1601 Exh. A (part), 1992)
19.132.030 Applicability of chapter.
A. Type of Applications. This chapter shall
apply to a minor change to the following:
1. An approved development plan in a planned
development zoning district or RIC district;
2. An existing building or structure requiring
site and designs approval;
3. A plan which has received site and design ap-
proval;
4. An existing building, structure or plan re-
quiring City Council approval pursuant to a con-
tractual agreement, resolution, motion, action, or
uncodified ordinance.
B. Conditions. No application shall be diverted
for administrative approval under this chapter if any
of the following conditions exist:
1. The proposed change is not minor when con-
sidered in conjunction with other minor changes to
the same project approved under this chapter or
under considerations, even though such changes
relate to different plans, buildings or structures;
2. In the opinion of the Director of Community
Development, the proposed change will be contro-
versial;
3. In the opinion of the Director of Community
Development, the proposed change will probably be
denied by him;
4. In the opinion of the Director of Community
Development, the proposed change will probably be
denied by the City Council.
19.132.040 Division of application for
administrative approval.
The Director of Community Development, in his
discretion, may divert a qualified application of a
minor change to the administrative approval process
provided in this chapter, and the applicant shall then
pay the fee prescribed by the City Council resolu-
tion. (Ord. 1601 Exh. A (part), 1992)
19.132.050 Suspension of time periods.
The diversion of an application shall suspend any
time periods for action by the City Council or Plan-
ning Commission for a period of ninety days or
until the application is returned to its normal review
process, whichever is less.
19.132.060 Review and approval process.
A. Architectural Review Referral. The Director,
in his discretion, may refer a diverted application
directly to the Planning Commission for review and
recommendation.
B. Director of Community Development. Upon
diversion, or upon receipt of the Planning Commis-
sionrecommendation, the Director shall expeditious-
ly approve or disapprove the application in accor-
dance with the same standards and with the same
(Cupertino 12-93) 588-96
19.132.060
power to impose conditions as would have applied
to the Planning Commission or City Council.
C. Decision. The Director shall render his deci-
sion in writing, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected
person may appeal such decision in accord with the
provisions of Chapter 19.136. Unless an appeal of
such a decision is filed within fourteen working
days following the mailing of the notice of decision,
it shall become final upon the expiration of said
time period. (Ord. 1630 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.132.070 Reports.
The Director of Community Development shall
make written reports to the City Council Planning
Commission on all diverted applications under this
chapter. The reports shall be delivered to the City
Council and Planning Commission within five cal-
endar days from the date of the decision. (Ord. 1601
Exh. A (part), 1992)
588-97 (Cupertino 12-93)
19.136.010
Chapter 19.136
the Director of Community Development. (Ord.
1601 Exh. A (part), 1992)
APPEALS
Sections:
19.136.010 Appeal from the
determinations of the Director.
19.136.020 Filing procedure.
19.136.030 Hearing and notification.
19.136.040 Action by the Commission.
19.136.050 Action by the City Council.
19.136.060 Appeal from actions of
Commissions.
19.136.010 Appeal from the determinations
of the Director.
An appeal may be taken to the Planning
Commission by any person, firm or corporation
aggrieved or affected by any grant, denial, modifica-
tion or revocation of any permit, variance or
exception, or any determination or interpretation of
or by the Director of Community Development
related to any provision of this title. (Ord. 1601
Exh. A (part), 1992)
19.136.020 Filing procedure.
A. An appeal shall be in writing on forms pre-
scribed by the City and shall be filed during regular
office hours with the City Clerk within fourteen
calendar days after the mailing of notice of the City
decision or determination of the Director under this
title. An appeal not filed within such time shall be
barred. The appeal shall state the grounds thereof.
B. An appeal shall be subject to an appeal fee
as prescribed by resolution of the City Council.
(Ord. 1601 Exh. A (part), 1992)
19.136.030 Hearing and notification.
Upon notification and receipt of the appeal, a date
for public hearing before the Planning Commission
shall be set, which will be held within ninety days
from the date of the filing of the appeal. Notice of
hearing shall be given in the same manner as pro-
vided in Section 19.120.060 for notice of hearing by
19.136.040 Action by the Commission.
Upon the date set for hearing, the Planning
Commission shall conduct a public hearing thereon,
unless, for cause, the Commission on that date con-
tinues the matter. Upon conclusion of the hearing on
the appeal, the Commission shall make findings and
recommend to the City Council that the decision of
the Director be affirmed, changed or modified, or,
in lieu thereof, make such other or additional recom-
mendations as it deems proper and shall submit the
determination in the form of a recommendation to
the City Council. (Ord. 1601 Exh. A (part), 1992)
19.136.050 Action by the City Council.
Upon receipt of the recommendation of the Plan-
ning Commission, the City Council shall consider
the appeal with thirty days of receipt of the recom-
mendation by the City Clerk. The City Council shall
conduct a public hearing on the matter. In conformi-
ty with the provisions of this title, the Council may
affirm or reverse, wholly or partly, or may modify
any decision, determination, or requirement recom-
mended by the Planning Commission, and may
make such decision or may impose such conditions
as the facts warrant with respect to the appeal and
the decision or determination of the Council shall be
fmal. Any permit or variance by the Council on
appeal shall be effective immediately. Notice of the
Council's decision shall be mailed to the original
applicant, to the person filing the appeal, and to any
other person who has filed a written request therefor
with the City Clerk. (Ord. 1601 Exh. A (part), 1992)
19.136.060 Appeal from actions of
Commissions.
An appeal may be taken to the City Council by
any person, firm or corporation aggrieved or affect-
ed by any final determination or decision of the
Planning Commission under the provisions of this
title. An appeal taken under this section shall be
processed by the City Clerk in the same manner as
provided in Section 19.136.020 and 19.136.030 of
(Cupertino 12-93) 588-98
19.136.060
this chapter. The time for appeal under this section
is fourteen calendar days from the mailing of the
notice of decision of the Planning Commission.
(Ord. 1630 (part), 1993; Ord. 1601 Exh. A. (part),
1992; Ord. 1601 Exh. A (part), 1992)
588-99 (Cupertino 12-93)
ORDINANCE LIST
449 Rezone (Special)
450 Amends Ord. 2, zoning (Not codi-
fied)
451 Amends Ord. 2, zoning (Not codi-
fied)
452 Annexation (Special)
453 Amends Ord. 2, zoning (Not codi-
fied)
454 Stop signs (Not codified)
455 Not adopted
456 Amends Ord. 2, zoning (Not codi-
fied)
457 Amends Ord. 2, zoning (Not codi-
fied)
458 Amends Ord. 2, zoning (Not codi-
fied)
459 Amends Ord. 2, zoning (Not codi-
fied)
460 Amends Ord. 2, zoning (Not codi-
fied)
461 Pazking (Repealed by 533)
462 Amends Ord. 2, zoning (Not codi-
fied)
463 Arterials (11.16)
464 Amends Ord. 2, zoning (Not codi-
fied)
465 Curfew (10.68)
466 Amends Ord. 2, zoning (Not codi-
fied)
467 Stop intersections; repeals Ords. 137,
236, 246, 318, 337, 359 and 404
467(a) Amends Ord. 467, stop intersections
(Not codified)
467(b) Amends Ord. 467, stop intersections
(Not codified)
467(c) Amends Ord. 467, stop intersections
(Not codified)
467(d) Amends Ord. 467, stop intersections
(Not codified)
468 City Architectural and Site Approval
Committee (Repealed by 1630)
469 Amends Ord. 2, zoning (Not codi-
fied)
470 Bond election (Special)
471 Amends Ord. 2, zoning (Not codi-
fied)
472 Amends Ord. 2, zoning (Not codi-
fied)
473 Amends Ord. 139, swimming pools
(16.32)
474 Underground utility districts (14.20)
XII Personnel code (2.52)
475 Disaster Council, repeals Ord. 28
(2.40)
475(a) Amends Ord. 475, Disaster Council
(2.40)
476 Amends Ord. 2, zoning (Not codi-
fied)
477 Amends Ord. 2, zoning (Not codi-
fied)
478 Amends Ord. 2, zoning (Not codi-
fied)
479 Amends Ord. 2, zoning (Not codi-
fied)
480 Amends Ord. 2, zoning (Not codi-
fied)
481 Rezone (Special)
482 Amends Ord. XII, personnel code
(Repealed by 601)
483 Speed limits (Not codified)
484 Municipal departments (2.48)
485 Amends Ord. 47 (Revised), subdivi-
sions (Title 18)
486 Amends Ord. 2, zoning (Not codi-
fied)
487 Amends Ord. 2, zoning (Not codi-
fied)
488 Amends Ord. III, Chapter 7, Art. 3, §
3, business licenses (5.04)
489 Not adopted
490 Speed limits; repeals Ords. 19, 43, 66,
129, 191, 201, 317, 374 and 375
490(a) Amends Ord. 490, speed limits (Not
codified)
491 Parking (Repealed by 824 and 843)
492 Bicycles (11.08)
492(a) Amends Ord. 492, bicycles (11.08)
493 Amends Ord. 2, zoning (Not codi-
fied)
:i99 (el,perc;no 12-93)
TABLES
494 Amends Ord. 2, zoning (Not codi-
fied)
495 Amends Ord. 2, zoning (Not codi-
fied)
496 Amends Ord. 2, zoning (Not codi-
fied)
497 Amends Ord. 303, Parks and Recre-
ation Commission (2.36)
498 Amends Ord. 2, zoning (Not codi-
fied)
499 Rezone (Special)
500 General penalty (1.12)
SO1 Amends Ord. 2, zoning (Not codi-
fied)
502 Amends Ord. 2, zoning (Not codi-
fied)
503 Not adopted
504 Amends Ord. 2, zoning (Not codi-
fied)
505 Amends Ord. 2, zoning (Not codi-
fied)
506 Keeping of animals (Repealed by
1631)
507 Amends Ord. 2, zoning (Not codi-
fied)
508 Amends Ord. 2, zoning (Not codi-
fied)
509 Prezone (Special)
510 Annexation (Special)
511 Amends Ord. 2, zoning (Not codi-
fied)
512 Rezone (Special)
513 Amends Ord. 2, zoning (Not codi-
fied)
514 Parking (Repealed by 533 )
515 Parking (Repealed by 533)
516 Solicitors (5.20)
517 Annexation (Not adopted)
518 Missing
519 Prezone (Special)
520 Rezone (Special)
521 Prezone (Special)
522 Rezone (Special)
523 Prezone (Special)
524 Rezone (Special)
525 Prezone (Special)
526 Rezone (Special)
527 Prezone (Special)
528 Zoning (Not codified)
529 Annexation (Special)
530 Specific street or highway plan lines
(Not codified)
531 Pazk regulations (13.04)
532 Rezone (Special)
533 Stopping, standing, pazking, repeals
Ords. 263, 327, 461, 514 and 515
(Repealed by 824 and 843)
533(a) Amends Ord. 533 § 10.1, prohibited
parking (Repealed by 824 and 843)
533(b) Amends Ord. 533 § 10.1, prohibited
parking (Repealed by 824 and 843)
533(c) Amends Ord. 533 §§ 10.1, 10.2 and
10.3, prohibited parking (Repealed by
824 and 843)
534 Adopts 1970 mechanical code, repeals
Ord. 343 (16.24)
535 Adopts 1971 electrical code, repeals
Ord. 341 (16.16)
536 Adopts 1970 plumbing code, repeals
Ord. 342 (16.20)
537 Adopts 1970 building code, repeals
Ord. 340 (16.04)
538 Interim zoning (Special)
539 Rezone (Special)
540 Rezone (Special)
541 Rezone (Special)
542 Rezone (Special)
543 Rezone (Special)
544 Rezone (Special)
545 Amends Ord. 447 § 4, fireworks per-
mits (10.24)
546 Street improvements (14.04)
547 Adds § 2.4 to Ord. 276, unmounted
campers (11.28)
548 Code Enforcement Officer (2.30)
549 Garage and patio sales (5.16)
550 Parades (10.44)
551 Rezone (Special)
552 Prezone (Special)
SS3 Annexation (Special)
554 Prezone (Special)
(CLpertino 12-93) C00
ORDINANCE LIST
926 Repair and maintenance of sidewalks,
gutters and curbs, confirms assessments
to cover costs (Special)
927 Amends § 11.24.150, parking prohibition
(11.24)
928 (Number not used)
929 Handicapped parking (Not codified)
930 Adds Ch. 6.28, franchises for community
antenna television systems (6.28)
931 Adds Ch. 8.08, animal and rabies control
(Repealed by 1631)
932 Rezone (Special)
933 Rezone (Special)
934 Cable TV service for annexed area (Spe-
cial)
935 (Number not used)
936 Amends § 11.28.070, parking regulations
(Repealed by 1301)
937 Repair and maintenance of sidewalks
(Special)
938 Amends §§ 11.16.030 and 11.16.040,
through streets and highways (11.16)
939 Amends § 11.12.030, establishes speed
limits (11.12)
940 Changes Gill Cable to Gill Industries in
Ord. 934 (Special)
941 Amends § 11.16.030, through streets and
highways (11.16)
942 Amends § 11.20.030, stop intersections
(11.20)
943 Prezone (Special)
944 Rezone (Special)
945 Amends § 11.12.030, speed limits
(11.12)
946 Amends § 2.24.020, payments to City
(2.24)
947 (Not adopted)
948 Rezone (Special)
949 Rezone (Special)
950 Rezone (Special)
951 Adds Ch. 10.70, exhibition of drug para-
phernalia to minors (10.70)
952 Rezone (Special)
953 Adds Ch. 10.26, police alarm system and
device regulation (10.26)
954 Rezone (Special)
955 Amends § 11.12.030, prima facie speed
limits (11.12)
956 Prezone (Special)
957 Rezone (Special)
958 Prezone (Special)
959 Prezone (Special)
960 Rezone (Special)
961 Adds Ch. 10.21, newsracks (10.21)
962 (Not adopted)
963 Prezone (Special)
964 Permit regulation (Not codified)
965 Adds § 8.08.085; amends §§ 8.08.040
and 8.08.090, animal and rabies control
(Repealed by 1631)
966 Rezone (Special)
967 Rezone (Special)
968 Amends § 8.08.160, animal impound-
ment and boarding fees (Repealed by
1631)
969 Rezone (Special)
970 Amends § § 11.20.020 and 11.20.030,
stop intersections (11.20)
971 Amends §§ 11.24.150 and 11.24.160
parking restrictions (11.24)
972 Amends Ord. 831, stopping, standing
and parking on private streets (11.26)
973 Rezone (Special)
974 Adds Ch. 5.36, automatic checkout sys-
tem (5.36)
975 Amends § 11.20.020, stop intersections
(11.20)
976 Amends § 11.20.030, stop intersections
(11.20)
977 Amends § 2.16.020 City Council mem-
ber salaries (2.16)
978 Amends §§ 2.04.010, 2.04.030 and
2.08.090, City Council (2.04, 2.08)
979 Prezone (Special)
980 Amends § 11.24.150, parking prohibition
(11.24)
981 (Number not used)
982 Rezone (Special)
983 Amends § 5.36.010, automatic checkout
system (5.36)
E~07 (Cupertino 12-93)
TABLES
984 Amends § 11.16.030, through streets or 1012 Prezone (Special)
highways (11.16) 1013 Prezone (Special)
985 (Not adopted) 1014 Rezone (Special)
986 Amends subsection E of § 11.28.070, 1015 Amends § 2.04.010, City Council meet-
parking regulations (Repealed by 1301) ing time (2.04)
987 Rezone (Special) 1016 Rezone (Special)
988 Rezone (Special) 1017 Prezone (Special)
989 Prezone (Special) 1018 Prezone (Special)
990 Prezone (Special) 1019 Prezone (Special)
991 Zoning, repeals Ords. 220(n), 674, 780 1020 Prezone (Special)
(Not codified) 1021 Rezone (Special)
992 Amends § 11.24.150, parking prohibition 1022 Adds Ch. 10.48, community noise con-
(11.24) trol, repeals Chs. 8.05, 10.45 and Ord
993 Amends § 11.24.150, parking prohibition 812, paragraph 115.1(a) (10.48)
(11.24) 1023 Amends § 11.12.030, speed limits
994 Amends § 11.20.030, stop intersections (11.12)
(11.20) 1024 Adds Ch. 10.24, fireworks (10.24)
995 Amends § 10.45.030, nighttime vehicular 1025 Amends § 11.24.150, parking (11.24)
delivery or pickups at commercial estab- 1026 Adds § 2.04.040, council vacancies
lishments (10.45) (2.04)
996 Amends § 11.24.160, parking restrictions 1027 Adds § § 11.04.150, 11.04.160, 11.04.170
(Repealed by 999) and 11.04.180; and amends §§
997 Rezone (Special) 11.04.090, 11.04.110, 11.04.120,
998 Rezone (Special) 11.04.130 and 11.04.140, abandoned
999 Amends § 11.24.160, parking restric- vehicles (11.04)
dons; repeals Ord. 996 (11.24) 1028 Prezone (Special)
1000 Amends § 11.20.020, stop intersections 1029 Prezone (Special)
(11.20) 1030 Prezone (Special)
1001 Amends § 11.24.150, parking prohibition 1031 Prezone (Special)
(11.24) 1032 Rezone (Special)
1002 Adds Ch. 16.48, flood damage preven- 1033 Rezone (Special)
don (16.52) 1034 Amends § 15.16.050, Water Commission
1003 Rezone (Special) meetings (Repealed by 1082)
1004 Rezone (Special) 1035 Adds § 87.1 to Ord. 220(1), zoning (Not
1005 Rezone (Special) codified)
1006 Prezone (Special) 1036 Prezone (Special)
1007 Amends § 11.24.160, parking restrictions 1037 Prezone (Special)
(11.24) 1038 Rezone (Special)
1008 Adds Ch. 10.49, intoxicating liquors in 1039 Rezone (Special)
public places (10.49) 1040 Rezone (Special)
1009 Amends subsection K1 of § 15.20.050, 1041 Amends § 11.20.020, stop signs (11.20)
private sewage disposal systems (15.20) 1042 Prezone (Special)
1010 Adds Ch. 11.30, traffic regulation in 1043 Prezone (Special)
downtown area (11.30) 1044 Not enacted
1011 Prezone (Special) 1045 Prezone (Special)
(C~pertino 12.93) C08
ORDINANCE LIST
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 propeRy
(11.31)
1056 Amends § 5.04.200, business licenses
(5.04)
1057 (Not enacted)
1058 Amends § 11.24.150, parking (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, parking (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, parking (11.24)
1073 Amends § 11.20.020, vehicular stop
(11.20)
1074 Amends § 11.24.160, parking (11.24)
1075 Amends § 16.08.230, retaining wall
construction (16.08)
1076 Amends §§ 6.28.010, 6.28.045, 6.28.060,
6.28.070, 6.28.100, 6.28.110, 6.28.180,
6.28.190, 6.28.246 and 6.28.260, CATV
franchise (6.28)
1077 Rezone (Special)
1078 Amends § 11.20.020, vehiculaz stop
(11.20)
1079 Amends paragraph 5 of § 5.1 of Ord.
831, pazking on private streets (11.26)
1080 Amends § 11.16.030, through streets
(11.16)
1081 Prezone (Special)
1082 Repeals Ch. 15.16 (Repealer)
1083 Adds § 2.36.110; amends § 2.36.010,
Parks and Recreation Commission (2.36)
1084 Prezone (Special)
1085 Amends Ch. 16.04, building code
(16.04)
1086 Amends Ch. 16.20, plumbing code
(16.20)
1087 Amends Ch. 16.16, electrical code
(16.16)
1088 Adds Ch. 16.40, fire code (16.40)
1089 Rezone (Special)
1090 Adds Ch. 2.74, Cable Television Adviso-
ry Committee (2.74)
1091 Rezone (Special)
1092 Rezone (Special)
1093 Amends Ch. 3.24, purchase of supplies
and equipment (Repealed by 1582)
1094 Amends Ch. 14.04, street improvements
(14.04)
1095 Amends § 11.20.020, vehiculaz stop
(11.20)
1096 Amends § 11.28.070, parking in private
areas (Repealed by 1301)
1097 Amends § 11.24.150, parking (11.24)
1098 Rezone (Special)
1099 (Pending)
1100 Adds Ch. 2.38, Energy Commission
(Repealed by 1581)
1101 Amends § 11.31.020, pazking on city
property (11.31)
Ij09 (Gl~pertiuo 12-93)
TABLES
1102 Medfly spraying (Special)
1103 Rezone (Special)
1104 Prezone (Special)
1105 Amends contract between City Council
and Public Employees' Retirement Sys-
tem (Special)
1106 Repeals Ch. 2.64 (Repealer)
1107 Adds subsections 28 and 29 to § 10.48-
.010, community noise control (10.48)
1108 (Not enacted)
1109 Repeals § 16.40.090, fire code (Repeal-
er)
1110 Rezone (Special)
1111 Amends Ch. 10.24, fireworks (10.24)
1112 Rezone (Special)
1113 Amends Ch. 16.40, fire code (16.40)
1114 Prezone (Special)
1115 Amends § 11.24.150, vehicles and traffic
(11.24)
1116 Amends §§ 8.08.040, 8.08.080, 8.08.085,
8.08.100, 8.08.220, 8.08.270 and
8.08.330, animal and rabies control
(Repealed by 1631)
1117 Adds Ch. 5.40, secondhand dealers
(5.40)
1118 Amends §§ 11.24.150 and 11.24.160,
vehicles and traffic (11.24)
1119 Adds § 2.08.135, city council (2.08)
1120 Rezone (Special)
1121 Rezone (Special)
1122 Rezone (Special)
1123 Rezone (Special)
1124 Amends §§ 11.24.150 and 11.24.160,
vehicles and traffic (11.24)
1125 Rezone (Special)
1126 Rezone (Special)
1127 Rezone (Special)
1128 Rezone (Special)
1129 Amends §§ 11.24.150, parking (11.24)
1130 Amends §§ 11.20.020 and 11.20.030,
stop signs (11.20)
1131 Amends Ord. 220(1), zoning (Repealed
by 1601)
1132 Rezone (Special)
1133 Amends § 2.08.090, order of business at
city council meetings (2.08)
1134 Amends Chapter 16.12, preliminary soils
report (16.12)
1135 Amends §§ 11.24.160, parking (11.24)
1136 Amends Ord. 652, zoning (Repealed by
1601)
1137 Amends § 15.08.020, metered water
service (15.08)
1138 Adds H to §§ 11.26.110, parking (11.26)
1139 Rezone (Special)
1140 Amends § 11.24.150, parking (11.24)
1141 Amends § 11.28.070, parking (Repealed
by 1301)
1142 Rezone (Special)
1143 Amends Ch. 16.08, excavations, grading
and retaining walls (16.08)
1144 Rezone (Special)
1145 Rezone (Special)
1146 Rezone (Special)
1147 Amends contract with Board of Admin-
istration of California Public Employees
Retirement System (Not codified)
1148 Amends § 11.24.150, parking prohibi-
tions (11.24)
1149 Amends § 10.48.062, noise control
(10.48)
1150 Date of municipal elections (Superseded
by 1164)
1151 Amends §§ 11.24.150 and 11.24.160,
parking prohibitions (11.24)
1152 Amends §§ 11.24.150 and 11.24.160,
parking prohibitions (11.24)
1153 Rezone (Special)
1154 Rezone (Special)
1155 Amends § 11.24.150, parking prohibi-
tions (11.24)
1156 Amends § 11.20.020, stops (11.20)
1157 Prezone (Special)
1158 .Rezone (Special)
1159 Prezone (Special)
1160 Rezone (Special)
1161 Rezone (Special)
1162 Rezone (Special)
1163 Amends § 11.24.170, parking (11.24)
(Cupertino 12-93) 610
ORDINANCE LIST
1164 Supersedes Ord. 1150; date of general
municipal elections (2.76)
1165 Rezone (Special) "
1166 Amends §§ 2.32.020, 2.36.020, 2.44.040,
2.60.020, 2.68.020 and 2.74.020, ap-
pointments to advisory bodies (2.32,
2.36, 2.60, 2.68, 2.74)
1167 Amends §§ 2.32.040, 2.36.040, 2.38.040,
2.44.040, 2.60.040, 2.68.040 and
2.74.040, officers of advisory bodies
(2.32, 2.36, 2.60, 2.68, 2.74)
1168 Adds §§ 16.40.165, 16.40.166 and
16.40.180, smoke detection devices
(16.40)
1169 Rezone (Special)
1170 Amends § 11.24.150, parking (11.24)
1171 Prezone (Special)
1172 Amends §§ 11.24.150 and 11.24.160,
stopping, standing and parking (11.24)
1173 Amends § 11.08.290, bicycle lanes
(11.08)
1174 Prezone (Special)
1175 Adds Ch. 15.30, cross-connections and
backflow protection (15.30)
1176 Extends Ch. 10.26, police alarm systems
(Special)
1177 Rezone (Special)
1178 Amends § 11.24.150, parking restrictions
(11.24)
1179 Adds § § 5.08.110, 5.40.070, 16.44.150
and 16.52.016; amends §§ 1.12.010,
3.08.170, 3.09.170, 3.12.140, 5.04.560,
5.16.070, 5.24.150, 6.24.220, 8.04.150,
9.04.130, 10.10.030, 10.28.020,
10.46.070, 10.48.012, 10.52.090,
10.68.060, 10.76.020, 11.26.130,
11.28.060, 11.32.090, 13.04.240,
14.08.100, 14.20.120, 16.28.080,
16.32.080 and 18.24.080, penalties;
repeals § 18.1 of Ord. 002(4), § 7.1 of
Ord. 276, and § 16.04.160 (1.12, 3.08,
3.09, 3.12, 5.04, 5.08, 5.16, 5.24, 5.40,
9.04, 10.10, 10.28, 10.46, 10.48, 10.52,
10.68, 10.76, 11:26, 11.28, 11.32, 13.04,
14.08, 14.20, 16.28, 16.32, 16.44, 16.52,
Title 18)
1180 Date of general elections (2.76)
1181 Amends § 11.20.030, all-directional
vehicular stop (11.20)
1182 Rezone (Special)
1183 Rezone (Special)
1184 Rezone (Special)
1185 Rezone (Special)
1186 Repeals subsection (k) of § 15.12.080,
waterworks system (15.12)
1187 Amends § 3.12.030, transient occupancy
tax (3.12)
1188 Amends §§ 8.08.070 and 8.08.200, ani-
mal control (Repealed by 1631)
1189 Adds §§ 8.08.391 and 8.08.392; amends
§§ 8.08.040, 8.08.380, 8.08.390,
8.08.400, 8.08.420 - 8.08.480, animal
control (Repealed by 1631)
1190 (Not used)
1191 Extends expiration date of Ch. 10.26,
police alarm systems and devices (10.26)
1192 Amends § 2.08.090, city council meet-
ings (2.08)
1193 (Not adopted)
1194 Rezone (Special)
1195 Prezone (Special)
1196 Amends § 11.32.090, truck traffic routes
(11.32)
1197 Adds Ch. 11.27, permit parking zone
(11.27)
1198 Rezone (Special)
1199 Adds § 2.44.120, architectural and site
approval committee (Repealed by 1630)
1200 Amends § 16.12.020, preliminary soil
report (16.12)
1201 Rezone (Special)
1202 Amends Title 18, subdivisions (Title 18)
1203 Amends §§ 11.24.150 and 11.24.160,
parking (11.24)
1204 Adds to § 11.20.020, stop intersections
(11.20)
1205 (Not enacted)
1206 Rezone (Special)
611 (Cupertino 12-93)
TABLES
1207 Amends §§ 10.26.080, 10.26.090 and
10.26.140 and repeals § 10.26.180, po-
lice alarms (10.26)
1208 Adds subsection F to § 17.32.100 and §
17.08.085; amends § 17.32.070; signs
(17.08, 17.32)
1209 Rezone (Special)
1210 Amends subsection A of § 3.12.030,
transient occupancy tax (3.12)
1211 Amends Ch. 11.30, traffic in downtown
area (11.30)
1213 Amends § 2.32.050, planning commis-
sion (2.32)
1215 Adds § 8.08.255, rabies control (Re-
pealed by 1631)
1217 Amends § 15.08.020, water rates (15.08)
1218 Adds to § 11.24.150, parking (11.24)
1219 Amends § 2.12.040, ordinance passage
(2.12)
1220 Adds Ch. 9.12, hazardous materials
storage (9.12)
1221 Amends § 11.24.150, stopping, standing
and parking (11.24)
1222 (Not enacted)
1223 Rezone and prezone (Special)
1224 Adds § 3.32.045; amends §§ 3.32.020,
3.32.040, 3.32.050, 3.32.070, 3.32.080
and 3.32.100, construction tax (3.32)
1225 Amends § 2.12.020, ordinance and reso-
lution passage (2.12)
1226 Amends § 11.20.020, stop intersections
(11.20)
1227. Rezone (Special)
1228 Renumbers § 11.08.300 to § 11.08.310;
adds new § 11.08.300; amends §
11.08.290, bicycles (11.08)
1229 Rezone (Special)
1230 Rezone (Special)
1231 Prezone (Special)
1233 Amends Ch. 2.74, Cable Television
Advisory Committee (2.74)
1235 Adds Ch. 9.16, mosquito abatement
(9.16)
1236 Rezone (Special)
1237 Amends Ords. 881 and 991, zoning (Not
codified)
1238 RHS zone (Repealed by 1450)
1239 Prezone (Special)
1240 R 1 zone (Repealed by 1374)
1241 Amends § 5.28.170, taxi driver permits
(5.28)
1242 Rezone (Special)
1243 Amends § 11.12.030, speed limits
(11.12)
1244 Amends Ch. 9.12, hazardous materials
storage (9.12)
1245 Amends §§ 11.24.150 and 11.24.160,
parking (11.24)
1246 (Not used)
1247 Amends § 15.08.020, water rates (15.08)
1248 Amends zoning application (Special)
1249 Prezone (Special)
1250 Amends zoning application (Special)
1251 Amends §§ 3.08.120 and 3.08.130, sales
and use tax (3.08)
1252 Amends subsections B and C of §
9.12.032, hazardous materials storage
(9.12)
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
(19.116)
1257 Amends §§ 8.08.080C and 8.08.490,
animal and rabies control (Repealed by
1631)
1258 Rezone (Special)
1259 Amends § 2.08.090A, council meetings
(2.08)
1260 Rezone (Special)
1261 Amends § 11.20.030, stop signs (11.20)
1262 Zoning (Special)
1263 Adds Ch. L09, nuisance abatement
(1.09)
1264 Amends § 11.24.160, parking restrictions
(11.24)
(Cupertino 12-93) 612
ORDINANCE LIST
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 (Re-
pealed by 1601)
1278 Amends §§ 10.48.014 and 10.48.053,
community noise control (10.48)
1279 Adds § 8.08.505, adoption of animals
(8.08)
1280 Amends § § 2.74.010 through 2.74.030,
cable television advisory committee
(2.74)
1281 Amends § 2.16.020, council salaries
(2.16)
1282 Rezone (Special)
1283 Amends Ord. 652, zoning (Not codi-
fied)
1284 Amends Ord. 618, zoning (Not codi-
fied)
1285 Amends § 11.24.150, 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 (Repealed by 1631)
1301 Repeals § 11.28.070, parking (Repealer)
1302 Amends § 11.24.150, stopping, standing
and parking (11.24)
1303 Amends § 3.08.020, sales use tax (3.08)
1304 Amends § 11.24.150, prohibited parking
(11.24)
1305 Amends § 1 of Ord. 2, zoning applica-
tion (Special)
1306 Adds Ch. 2.78, landlord-tenant mediation
(2.78)
1307 Rezone (Special)
1308 Amends Ch. 16.04, building code
(16.04)
1309 Amends Ch. 16.40, fire code (16.40)
1310 Amends Ch. 16.20, plumbing code
(16.20)
1311 Amends Ch. 16.24, mechanical code
(16.24)
1312 Amends Ch. 16.16, electrical code
(16.16)
1313 Adds § 11.26.140, parking (11.26)
1314 Business license tax amnesty (Not codi-
fied)
1315 Rezone (Special)
1316 Rezone (Special)
1317 Amends Ord. 1165, rezone (Special)
1318 Rezone (Special)
1319 Rezone (Special)
613 (Cupertino 12-93)
TABLES
1320 Amends §§ 17.08.280, 17.16.010(f) and
17.32.120; repeals and replaces §
17.32.040, signs (17.08, 17.16, 17.32)
1321 Amends §§ 2.32.020, 2.32.040, 2.36.020,
2.36.040, 2.38.020, 2.38.040(A),
2.44.040, 2.60.020, 2.60.040, 2.68.020,
2.68.040 and 2.74.020, terms of office
(2.32, 2.36, 2.60, 2.68, 2.74)
1322 Adds Ch. 11.10, off-street vehicles
(11.10)
1323 Rezone (Special)
1324 Rezone (Special)
1325 Amends § 11.24.150, parking (11.24)
1326 Prezone (Special)
1327 Rezone (Special)
1328 Adds § § 18-1.503, 18 -1.503.1,
18-1.503.2, 18-1.503.3 and 18-1.503.4,
subdivisions (18-1)
1329 Amends § 2.08.090A, city council meet-
ings (2.08)
1330 Prezone (Special)
1331 Rezone (Special)
1332 Rezone (Special)
1333 Rezone (Special)
1334 Rezone (Special)
1335 Prezone (Special)
1336 Prezone (Special)
1337 Rezone (Special)
1338 Amends § 11.24.150, prohibited parking
(11.24)
1339 Amends §§ 11.20.020 and 11.20.030,
vehicles and traffic (11.20)
1340 Amends § 11.24.180, diagonal parking
(11.24)
1341 Amends § 3.12.030A, transient occupan-
cy tax (3.12)
1342 Rezone (Special)
1343 Rezone (Special)
1344 Repeals Ord. 220(j) (Repealed by 1601)
1345 Trucks and trailers; repeals Ord. 276
(11.29)
1346 Amends §§ 11.28.010, 11.28.020 and
11.28.030, miscellaneous parking (11.28)
1347 Vesting tentative maps (18-1)
1348 Amends § 11.24.180, diagonal parking
(11.24)
1349 Rezone (Special)
1350 Adds § 16.04.056, spark arrestors
(16.04)
1351 Amends § 11.24.150, parking (11.24)
1352 Amends § 16.40.080B, fire code (16.40)
1353 Amends § 16.32.OSON, swimming pools
(16.32)
1354 Rezone (Special)
1355 Amends § 15.08.020, water service
(15.08)
1356 Amends § 12 of Ord. 1240, moratorium
of extensions along building lines (Spe-
cial)
1357 Amends § 11.24.150, parking (11.24)
1358 Rezone (Special)
1359 Rezone (Special)
1360 Amends § 16.16.OSOAS, electrical code
(16.16)
1361 Amends Ch. 16.04, building code
(16.04)
1362 Amends Ch. 16.24, mechanical code
(16.24)
1363 R1 Zone (Not codified)
1364 Rezone (Special)
1365 Amends § 11.20.020, vehicles and traffic
(11.20)
1366 Amends Ch. 16.20, Uniform Plumbing
code (16.20)
1367 Amends § 3.24.070G, purchasing (Re-
pealed by 1582)
1368 Rezone (Special)
1369 Amends § 11.24.160, parking (11.24)
1370 Adds § 3.24.065, purchasing (Repealed
by 1582)
1371 Adds § 2.20.040, city clerk (2.20)
1372 Amends § 10.52.010, handbills and
advertisements (10.52)
1373 Adds § 9.12.043, amends §§
9.12.041(3)(a)(iii), 9.12.042(A) and Art.
V of Ch. 9.12, and repeals §
9.12.011(B), hazardous materials (9.12)
1374 R1 Zone; repeals Ord. 1240 (Repealed
by 1449)
(Cupertino 12-93) 614
ORDINANCE LIST
1375 Creation of easements (Not codified)
1376 Rezone (Special)
1377 Amends § 10.52.070, handbills and
advertisements (10.52)
1378 Adds Ch. 2.08.095, city council meet-
ings (2.08)
1379 Amends entirety of Ch. 16.16, electric
code (16.16)
1380 Amends § 11.24.140, parking (11.24)
1381 Amends Ch. 11.08, bicycles (11.08)
1382 Amends § 18-1.1001, subdivisions
(18-1)
1383 Amends § 10.52.010, distribution of
commercial advertising (10.52)
1384 Amends entirety of Title 18, subdivi-
sions (Title 18)
1385 Rezone (Special)
1386 Amends § 5.32.290, bingo licenses
(5.32)
1387 Adds § 6.24.061, containers stored in
trash enclosures (6.24)
1388 Amends § 11.24.150, traffic (11.24)
1389 Amends Ch. 16.56, Uniform Housing
Code (16.56)
1390 Amends §§ 11.24.150 and 11.24.160,
traffic (11.24)
1391 Amends § 11.20.020, traffic (11.20)
1392 Amends § 11.24.160, traffic (11.24)
1393 Amends § 2.08.090(A), city council
order of business (2.08)
1394 Amends §§ 11.24.030 and 11.24.140,
traffic (11.24)
1395 Amends § 11.24.150, traffic (11.24)
1396 Amends condition 16 of Ord. 952 and
repeals condition 17 of Ord. 816, rezone
(Special)
1397 Amends § 11.24.150, traffic (11.24)
1398 Rezone (Special)
1399 Amends §§ 16.40.010, 16.40.020,
16.40.030, 16.40.040, 16.40.060 and
16.40.080, Uniform Fire Code (16.40)
1400 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1401 Adds Ch. 2.80, fine arts commission
(2.80)
1402 Amends § 2.16.010, salaries of city
council members (2.16)
1403 Amends Chs. 15.04, 15.08 and 15.12,
water and sewage (15.04, 15.08, 15.12)
1404 Rezone (Special)
1405 Amends § § 11.24.150 and 11.24.170,
parking regulations (11.24)
1406 Amends § 11.20.030, stop signs (11.20)
1407 Rezone (Special)
1408 Adds § 11.24.230, parking prohibitions
(11.24)
1409 Amends § 11.24.150, parking prohibi-
tions (11.24)
1410 Amends §§ 6.5 and 7.6 of Ord. 652 and
repeals § 7.6, zoning (Repealed by 1601)
1411 Rezone (Special)
1412 Amends Ch. 16.52 in its entirety, flood
damage prevention (16.52)
1413 Adds § 11.36.070, traffic (11.36)
1414 Adds §§ 2.365 and 8.12 to Ord. 746;
repeals and replaces §§ 3.02, 6.03.4,
7.05, 7.12, 8.08, 8.10, 8.11 and 10.03,
signs; repeals § 8.01 of Ord. 746 (Title
17)
1415 Rezone (Special)
1416 Adds § 11.24.240, blocking of intersec-
tions (11.24)
1417 Adds Ch. 11.09, pedestrians (11.09)
1418 Rezone (Special)
1419 Amends §§ 11.24.150 and 11.24.170,
stopping, standing and parking (11.24)
1420 Amends Ch. 11.08, bicycles (11.08)
1421 Creates redevelopment agency (Not
codified)
1422 Amends § 11.24.160, stopping, standing
and parking (11.24)
1423 Amends § 11.24.150, stopping, standing
and parking (11.24)
1424 Rezone (Special)
1425 Amends Condition 16 of zoning action
2-2-83 (Special)
1426 Beverage container redemption and
recycling centers (Not codified)
1427 Amends § 11.24.160, parking (11.24)
1428 Amends § 11.24.150, parking (11.24)
614-1 (Cupertino 12-93)
TABLES
1429 Amends § § 11.20.020 and 11.20.030,
stop intersections (11.20)
1430 Adds Ch. 11.34, roadway design features
(11.34)
1431 Adds § 16.32.040(B) and reletters subse-
quent subsections, swimming pool safety
requirements (16.32)
1432 Amends § 2.60.010, public safety com-
mission (2.60)
1433 Amends §§ 18-1.401.5 and 18-1.501.7,
subdivisions (18-1)
1434 Rezone (Special)
1435 Rezone (Special)
1436 Rezone (Special)
1437 Amends § 5.20.015, peddlers and solici-
tors; repeals § 5.20.070 (5.20)
1438 Establishes interim zoning standards for
the R1 and RHS zones (Not codified)
1439 Amends § 11.24.150, parking (11.24)
1440 Establishes interim zoning standards for
the R1 and RHS zones (Not codified)
1441 Amends § 16.04.010, 16.04.030,
16.04.060, 16.04.062, 16.16.030,
16.20.030 and 16.24.060, uniform codes
(16.04, 16.16, 16.20, 16.24)
1442 (Not enacted)
1443 Temporary parking restriction (Special)
1444 (Failed)
1445 Amends § § 11.20.020 and 11.20.030,
stop intersections (11.20)
1446 Amends § 11.24.150, prohibited parking
(11.24)
1447 Rezone (Special)
1448 Rezone (Special)
1449 Amends Ord. 220; repeals Ord. 1374,
zoning (Repealed by 1601)
1450 Amends Ord. 220; repeals Ord. 1238,
zoning (Repealed by 1601)
1451 Amends Ord. 220; repeals Ord. 220(1),
zoning (Repealed by 1601)
1452 Amends Ord. 220; repeals Ord. 220(1),
zoning (Repealed by 1601)
1453 Amends Ord. 220; repeals § 5 of Ord.
1238 and § 5 of Ord. 1374, zoning (Not
codified)
1454 Amends § 11.24.150, prohibited parking
(11.24)
1455 Amends § 11.24.150, prohibited parking
(11.24)
1456 Rules governing effectiveness of zoning
standards established by Ords. 1438,
1449, 1450 and 1453, zoning (Not codi-
fied)
1457 Amends § 2.08.090(A), order of business
at City Council meetings (2.08)
1458 Special election on bond issuance for
park, recreational and open space im-
provements (Special)
1459 Amends §§ 2.32.010 and 2.32.020, Plan-
ning Commission (2.32)
1460 Amends §§ 2.36.010 and 2.36.020, Parks
and Recreation Commission (2.36)
1461 Amends §§ 2.38.010 and 2.38.020, Ener-
gy Commission (Repealed by 1581)
1462 Amends § 2.44.040, Architectural and
Site Approval Committee (Repealed by
1630)
1463 Amends § § 2.60.010 and 2.60.020, Pub-
lic Safety Commission (2.60)
1464 Amends §§ 2.68.010 and 2.68.020, Li-
brary Commission (2.68)
1465 Amends §§ 2.74.010 and 2.74.020, Ca-
ble Television Advisory Committee
(2.74)
1466 Amends §§ 2.80.010 and 2.80.020, Fine
Arts Commission (2.80)
1467 Amends § 11.24.150, prohibited 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)
~c~p~rt~oo iz-9s> 614-2
ORDINANCE LIST
1476 Amends § § 11.24.160 and 11.24.170,
parking restrictions (11.24)
1477 Amends § 6 of Ord. 1344, zoning (Not
codified)
1478 Concurrent sales of alcoholic beverages
and gasoline (5.44)
1479 Adds Ch. 14.05, park maintenance fees,
and amends § 14.04.040, street improve-
ments (14.04, 14.05)
1480 Amends § 2.48.020, city 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 (Repealed by
1601)
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 (Repealed by
1601)
6i~.4-3
1496 Amends § 6.4 of Ord. 652, zoning (Re-
pealed by 1601)
1497 Adds § 1.12.010(A)(3), general penalty
(1.12)
1498 Rezone (Special)
1499 Rezone (Special)
1500 Amends § 11.24.200, stopping, standing
and parking on public streets (11.24)
1501 Adds § 8.08.525, animal and rabies
control (Repealed by 1631)
1502 Rezone (Special)
1503 Rezone (Special)
1504 Rezone (Special)
1505 Amends Ch. 5.20, solicitors (5.20)
1506 Adds § 3.24.085, purchase of supplies
and equipment (Repealed by 1582)
1507 Amends Table 11.12.030, speed limits
(11.12)
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)
1512 Repeals § 7 of Ord. 1489, urgency water
conservation restrictions and regulations
(Not codified)
1513 Water conservation (15.32)
1514 (Repealed by 1612)
1515 Rezone (Special)
1516 Amends § 14.04.200 (A), street improve-
ments (14.04)
1517 Amends § 11.08.250, bicycle lane desig-
nation (11.08)
1518 Amends § 11.24.160, stopping, standing
and parking on public streets (11.24)
1519 Amends § 16.56.030, Uniform Housing
Code (16.56)
1520 Amends (A) of § 3.12.030, alternate
sales and use tax (3.12)
1521 Amends § 11.24.150, parking (11.24)
1522 Rezone (Special)
1523 Rezone (Special)
1524 Water conservation (15.32)
(Cupertino 12-93)
TABLES
1525 Adds Ch. 16.42, toxic gases (16.42)
1526 Amends §§ 10.26.090 - 10.26.130,
alarm systems (10.26)
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord.
575, § 4.3 to Ord. 779, § 13.2 to Ord.
1452, § 13.2 to Ord. 1451 and § 15.2 to
Ord. 1450, zoning (Repealed by 1601)
1528 Rezone (Special)
1529 Amends § 3.32.050, construction tax
(3.32)
1530 Rezone (Special)
1531 Adds Ch. 16.60, unreinforced masonry
buildings (16.60)
1532 Adds Ch. 10.30, elimination of bodily
waste in public (10.30)
1533 Amends Ord. 1532 and § 10.30.030,
elimination of bodily waste in public
(10.30)
1534 Adds Ch. 3.34, utility users exise tax
(3.34)
1535 Adds Ch. 2.84, Environmental Review
Committee (2.84)
1536 Rezone (Special)
1537 Rezone (Special)
1538 Adds Ch. 11.37, overweight vehicle
permit (11.37)
1539 Rezone (Special)
1540 Approves certain development agreement
(Special)
1541 Temporary conditional use permits (Not
codified)
1542 Amends § 11.12.030, speed limits
(11.12)
1543 Amends Ord. 778, heritage and specimen
trees (14.18)
1544 Amends § 11.08.250, bicycles (11.08)
1545 Amends § 11.24.160, parking (11.24)
1546 Amends §§ 1.09.060, 1.09.140; repeals
and replaces 1.09.070, nuisance abate-
ment (1.09)
1547 Amends § § 11.24.150 and 11.24.160,
parking regulations (11.24)
1548 Amends § 11.12.030, speed limits
(11.12)
1549 Amends § 2.32.050, Planning Commis-
sion meetings (15.49)
1550 Prezone (Special)
1551 Amends §§ 2.20.030, 2.20.040, 2.20.050,
2.20.070, 2.20.080, 2.20.100 and
2.20.110, city clerk (2.20)
1552 Amends § 11.20.020, traffic regulations
(11.20)
1553 Amends § 11.24.150, parking regulations
(11.24)
1554 Rezone (Special)
1555 Adds Ch. 9.20, off-site hazardous waste
facilities (9.20)
1556 Amends § 11.12.030, speed limits
(11.12)
1557 Amends §§ 11.20.020, traffic regulations
(11.20)
1558 Water conservation (15.32)
1559 Prezone (Special)
1560 Amends § 11.08.160, bicycles (11.08)
1561 Amends § 2.08.090(A), City Council
meetings (2.08)
_ 1562 Amends § 11.24.150, parking regulations
(11.24)
1563 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1564 Amends § 11.24.150, parking regulations
(11.24)
1565 PERS contract amendment (Special)
1566 Amends § 11.12.030, speed limits
(11.12)
1567 Amends Ch. 16.16, electrical code
(16.16)
1568 Amends § 128.1 of Ord. 220(I), zoning
(Not codified)
1569 Adds §§ 19.21.080-19.21.140, zoning
(19.52)
1570 Amends § 2.84.010, Environmental Re-
view Committee (2.84)
1571 Adds Ch. 9.18, nonpoint source 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)
(Cupertino i2-93> 614-4
ORDINANCE LIST
1574 Rezone (Special)
1575 Adds Art. 13 to Title 1 S, hillside subdi-
vision requirements (18.13)
1576 Adds Ch. 2.86, Affordable Housing
Committee (2.86)
1577 Amends Ch. 11.24 [§ 11.24.150J, park-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek Boulevard
(11.24)
1579 Amends § 11.12.030, speed limit on
Bandley Drive (11.12)
1580 Amends Ch. 15.32, water conservation
(15.32)
1581 Repeals Ch. 2.38 (Repealer)
1582 Adds Ch. 3.22, purchase of supplies and
equipment; repeals Ch. 3.24 (3.22)
1583 Adds Ch. 3.23, public works contract
and bidding procedures (3.23)
1584 Amends § 11.12.030, speed limit on
Miller Avenue (11.12)
1585 Amends §§ 11.29.030-11.29.060, on-
site parking (11.29)
1586 Adds Ch. 11.38, transportation demand
management (11.38)
1587 Amends §§ 15.32.010, 15.32.020,
15.32.030, 15.32.050, and 15.32.060,
water conservation (15.32)
1588 Adds Ch. 10.27, cigarette and/or tobacco
vending machines (10.27)
1589 Amends § 11.24.150, parking prohibi-
tions on Finch Avenue (11.24)
1590 Amends § § 16.04.010 and 16.04.065,
repeals §§ 16.04.040, 16.04.045 and
16.04.047, building code (16.04)
1591 Amends § § 16.20.010, 16.20.020,
16.20.030 and 16.20.050, plumbing code
(16.20)
1592 Amends §§ 16.24.010, 16.24.030 and
16.24.070, mechanical code (16.24)
1593 Amends §§ 16.56.010, housing code
(16.56)
1594 Amends Ch. 16.40, fire code (16.40)
1595 Amends § § 16.32.020, 16.32.030,
16.32.040, 16.32.050, swimming pools
(16.32)
1596 Amends § 2.44.120, architectural and
site approval committee (Repealed by
1630)
1597 Number not used
1598 Amends entirety of Ch. 9.18, repeals
former sections 9.18.154-9.18.180,
nonpoint source pollution (9.18)
1599 Adds Ch. 3.36, storm drainage service
charge (3.36)
1600 Amends § 3.34.030(A), telephone use
tax (3.34)
1601 Adds Title 19 and repeals Ords. 002(b-
1), (k), (x), (y), NS-1200 §§ 29 and 30,
220(g) and (1), 575, 618, 652, 664, 668,
779, 802, 906, 1277, 1344, 1449, 1450,
1451, 1452, 1484 and 1495, zoning
(19.02, 19.04, 19.08, 19.12, 19.16,
19.20, 19.24, 19.28, 19.32, 19.36, 19.40,
19.44, 19.48, 19.52, 19.56, 19.60, 19.64,
19.68, 19.72, 19.76, 19.80, 19.84, 19.88,
19.92, 19.96, 19.100, 19.104, 19.108,
19.112, 19.116, 19.120, 19.124, 19.128,
19.132, 19.136)
1602 Rezone (Special)
1603 (Number not used)
1604 Amends Ch. 15.12, waterworks system
(15.12)
1605 Amends § 11.24.150, parking prohibi-
tions (11.24)
1606 Adds Ch. 9.06, massage establishments
(9.06)
1607 Amends (75) and (76) of § 19.02.030,
zoning (19.02)
1608 Adds Ch. 19.OSA (OS open-space
zones), zoning (19.24)
1609 Amends § 18-1.803.2, 18-1.402.4(4), 18-
1.402.5.1(B), 18-1.602.5(A) and 18-
1.602.7, subdivisions (18-1)
1610 Adds subsection (F) to § 16.12.030, soil
report (16.12)
1611 Adds § 14.04.125, traffic diverters
(14.04)
614-5 (Cupertino 12-93)
TABLES
1612 Amends Ch. 5.04, business license taxes
(5.04)
1613 Amends contract with Board of Admin-
istration of California Public Employees
Retirement System (Not codified)
1614 Moratorium on certain subdivision,
building and grading uses in Inspiration
Heights area (Not codified)
1615 Adds Ch. 14.15, xeriscape landscaping;
amends title of Title 14 to be Streets,
Sidewalks and Landscaping (14.15)
1616 Amends § 2.7.3 of Ord. 1606, massage
establishments and services (9.06)
1617 Amends § 2.04.040, vacancy on City
Council (2.04)
1618 Amends §§ 19.08.030, 19.28.040,
19.28.070, 19.56.040 and 19.124.100,
zoning (19.08, 19.28, 19.56, 19.124)
1619 Extends moratorium contained in Ord.
1614 (Not codified)
1620 Amends Ch. 16.32, swimming pools
(16.32)
1621 Rezone (Special)
1622 Amends Ch. 15.32, water conservation
(15.32)
1623 Amends § 2.48.020(A); repeals §§
2.48.020(F) and 2.48.020(G), department
organization (2.48)
1624 Amends Title 17, signs (17.04, 17.08,
17.12, 17.16, 17.20, 17.24, 17.32, 17.44,
17.52, 17.54)
1625 Amends § 5.16.040, garage and patio
sales (5.16)
1626 Amends § § 6.24.070 and 6.24.080, gar-
bage containers (6.24)
1627 Amends § 18-1.201.(H), definition of lot
line adjustment (18-1.201.)
1628 (Pending)
1629 Amends § 11.37.040, fee for processing
overweight vehicle permit (11.37)
1630 Amends §§ 14.15.040(E), 14.15.050(A),
14.18.040, 14.18.060(A), 14.18.090,
14.18.100, 14.18.110, 14.18.150(B),
14.18.170, 16.28.030, 19.16.060(E)(3),
19.20.060(E)(4), 19.28.060(E)(4),
19.44.070(E)(4), 19.56.070,
19.76.050(E),19.88.060(7)(1) and (2),
19.132.060 and 19.136.060; repeals Ch.
2.44 and § § 19.44.090, 19.48.100 and
19.68.080, review authority (14.15,
14.18, 16.28, 19.16, 19.20, 19.28, 19.44,
19.56, 19.76, 19.88, 19.132 and 19.136)
1631 Repeals and replaces Title 8, animals
(8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.07)
1632 Amends § 3.23.120(B); repeals §
3.23.120(C), public works contract and
bidding procedures (3.23)
1633 Amends § 11.24.160, stopping, standing
and parking (11.24)
1634 Amends Ch. 19.40, zoning (19.40)
1635 Adds §§ 18-1.1301(G) and (H) and
19.28.050(C); amends §§ 18-1.1303(B),
(C) and (D), 19.08.030 and
19.28.060(E)(4), subdivisions and zoning
(18-1.13, 19.08, 19.28)
(Cupertino 12-93) 614-6
ABANDONED VEHICLE
INDEX
-A
ABANDONED VEHICLE
See VEHICLE
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
ADMIIVISTRATIVE SERVICES DEPARTMENT
See DEPARTMENTAL ORGANIZATION
ADVERTISEMENT
Commercial advertising
distribution
prohibited when 10.52.080
requirements 10.52.070
license required, permit prerequisite 10.52.060
Distribution
commercial advertising
See Commercial advertising
permit
application, denial, appeal 10.52.040
required 10.52.030
revocation 10.52.050
Newspaper distribution medlod 10.52.020
Throwing, littering unlawful when 10.52.010
Violation, penalty 10.52.090
AFFORDABLE HOUSING
Effec[ of provisions 2.86.130
Policies, strategies, projects, scope, authority
2.86.100
AFFORDABLE HOUSING COMMI"ITL'E
Chairperson, vice-chairperson, selection, teen
2.86.050
Compensation 2.86.070
Effect of provisions 2.86.130
Established, composition 2.86.010
Meetings
See also Procedural rules
regulations generally 2.86.060
voting, requirements 2.86.080
Members
See also Specific Subject
selection, qualifications, residency 2.86.020
AGENT
Business license
See also BUSIIVESS LICENSE
fee 5.04.290
ALARM
Automatic telephone connection prohibited
10.26.050
City defined 10.26.020
Definitions 10.26.020
Exemptions 10.26.060
False alarm
charge
assessment notice 10.26.100
collection 10.26.140
imposition, vnount 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
Notice
defined 10.26.020
requirements
See False alarm
Requirements
Owner defined 10.26.020
Person defined 10.26.020
Police alarm system defined 10.26.020
Police emergency defined 10.26.020
Premises defined 10.26.020
Purpose of provisions 10.26.010
Requirements 10.26.040
Responsible occupant defined 10.26.020
Sevcrability of provisions 10.26.160
61$ (Qrpertino 12-93)
ALARM
Timing device requirements
See Requirements
Violation, penalty 10.26.170
ALCOHOLIC BEVERAGE
See LIQUOR
AMUSEMENT CENTER
Business license
See also BUSINESS LICENSE
fee 5.04.300
ANIMAL
Beekeeping restricted 8.02.030
Cat
number, maximum 8.04.010
registration required 8.04.020
City manager defined 8.01.020
Definitions, defined 8.01.020
Dog
defecation, cleanup required 8.02.020
leash requirement 8.03.070
license
application, issu~mce 8.03.030
fees 8.03.040
required when 8.03.020
number, maximum 8.03.090
seizure, impoundment 8.03.080
tag
duplicate 8.03.060
specifications, records 8.03.050
vaccination 8.03.010
Enforcement of provisions
administrative authority 8.01.040
city's contracting authority 8.01.030
Fence, required when 8.02.010
Funds disposition 8.01.080
Health, sani4~[ion
refuse conttiner, dispos<>J 8.02.050
requirements generally 8.02.040
Humane officer
defined 8.01.020
impoundment authority 8.01.060
interference with, prohibited 8.01.070
powers, duties generally 8.01.050
Kennel
See Shop, kennel
Owner defined 8.01.020
Purpose of provisions 8.01.010
Restricted animals 8.02.060
Sale, restricted 8.05.010
Seizure, impoundment
See also Dog
Humane officer
care 8.06.020
fee 8.06.030
hearing
post-seizure 8.06.040
pre-seizure 8.06.050
holding, disposal 8.06.010
impounded defined 8.01.020
Shop, kennel
boarding kennel defined 8.01.020
grootning shop defined 8.01.020
permit required, requirements 8.05.020
pet shop defined 8.01.020
Shelter
See also Seizure, impoundment
defined 8.01.020
Violation, penalty
designated infraction 8.07.010
remedies cumulative 8.07.020
APARTMENT
Business license
See also BUSINESS LICENSE
live 5.04.320
ASSESSMENT
Collection responsibility 3.16.010
ATTORNEY, CITY
Conflict of interest 2.64.020
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Subdivision improvement agreement form
approval 18-1.807
Responsibilities 18-1.202.1
(Cupertino 12-93) 616
AUCTIONEER
AUCTIONEER
Business license
application, bond 5.08.020
required 5.08.010
Exemptions 5.08.100
Prohibitions
bell ringing 5.08.060
blind package 5.08.070
false statements 5.08.040
generally 5.08.030
puffer, bidder booster, capper 5.08.050
refusal to deliver possession 5.08.080
selling without license 5.08.090
Violation, penalty 5.08.110
AUTO COURT
Business license tax rate 5.04.390
AUTOMATIC CHECKOUT SYSTEM
See GROCERY STORE
-B-
BAR
See RESTAURANT
BICYCLE
Administration 11.08.020
Attaching to vehicle, prohibited 11.08.170
Bicycle lanes
designated 11.08.250
use regulations 11.08.190
vehicles using prohibited 11.08.230
Dealers
purchaser education 11.08.110
registration verification 11.08.100
Defined 11.08.010
Equipment requirements 11.08.130
Impoundment 11.08.240
Lane position requirements 11.08.150
License
address change notification 11.08.090
alteration, deswction prohibited 11.08.061
existing, validity 11.08.070
fees 11.08.120
indicia, renewal 11.08.050
617
issuance 11.08.040
transferability 11.08.080
Motor-driven cycle defined 11.08.011
Motorized bicycle defined 11.08.012
Package carrying restrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
Quadricycle, motorized, defined
11.08.013
(Cupertino 12-93)
cLERx, CITY
Conswction prohibition appeal notice 10.48.060
Deparnnent
See departmental organization
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issu~u~ce
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Subdivision improvement acceptv~ce notice filing
18-1.812.2
Transient occupancy 41x 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
Comput~ltion of time defined 1.04.010
Constitutionality 1.01.090
Conswction 1.04.040
Council defined 1.04.010
County defined 1.04.010
Definitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMENT' OFFICER
Fire
See FIRE
Grunmatical 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
applicauon to corresponding ordinances
1.01.060
title, cit~Ztion 1.01.020
Repeal shall not revive any ordinances 1.04.050
Sidewalk defined 1.04.010
St~1te defined 1.04.010
Street defined 1.04.010
Tenlnt, occupant defined 1.04.010
Title of office defined 1.04.010
Written defined 1.04.010
Year defined 1.04.010
CODE ENFORCEMENT OFFICER
Nuis~u~ce 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
Warratuless arrest authority 2.30.020
623 (Gl~pertioo 12-93)
COFFEE SHOP
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMiJNICATION WITH CITY OFFICIALS
Public building, prohibited acts designated
10.10.020
Right designated 10.10.010
Severability 10.10.040
Violation, penalty 10.10.030
COMMUNITY DEVELOPMEN'T' DEPARTMENT
See DEPARTMENTAL ORGANl7_A"PION
COMMUNITY DEVELOPMENT DIRECTOR
Sign provision duties
enforcement, interpret~luon 17.52.010
exception report [o city council 17.44.090
permit application review 17.12.060
sign modification 17.12.070
special even[ sign, promotional device, pcnnit
review 17.12.090
CONCERT
Business license
See also BUSINESS LICENSE'
fee 5.04.340
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 6.32.070
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
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08.130
Bingo permit
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
Business license powers, duties 5.04.060
Cable television advisory committee member
appointment 2.74.010
vacancy filling 2.74.030
Child care expense reimbursement, when granted
2.72.010
Commwtications 2.08.100
Consvuction prohibition appeal hearing 10.46.060
Contract bid award 3.24.080
Defined 1.04.010
Docwnent signature authority 2.08.135
False alwrrt hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
(CLpertino 12-93) 624
HAZARDOUS WASTE FACII.,ITY
termination 9.20.270
Permit use 9.20.300
Purpose of provisions 9.20.010
Severability of provisions 9.20.320
Violation, penalty 9.20.310
HEALTH OFFICER
Bingo permit applicant investigation 5.32.220
Restaurant
food, unwholesome, destruction authority
9.04.100
permit
denial 9.04.050
inspection, issuance 9.04.030
rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
I
IMPROVEMENTS, STREET
See STREET IMPROVEMENT
-J-
JUNKYARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
K
KENNEL
See ANIlVIAL
HEATING, COOLING CODE
See MECHANICAL CODE
HISTORIC BUILDING
Seismic safety
See UNREINFORCED MASONRY
BUILDINGS
HOME OCCUPATION
Business license
See also BUSINESS LICENSE
fee 5.04.380
HORSE
See ANIMAL
HOTEL.
Business license tax rate 5.04.390
HOUSING ADVISORY, APPEALS BOARD
Created, appointment, powers, duties generally
16.56.020
HOUSING CODE
Adopted 16.56.010
Appeals 16.56.020
Violation, penalty 16.56.030
-L-
LANDSCAPING, XERISCAPE
Appeal 14.15.060
Applicability 14.15.030
Definitions 14.15.020
Design plan requirements, review 14.15.050
Exceptions, exemptions 14.15.040
Purpose, findings 14.15.010
Severability 14.15.080
Violation, penalty 14.15.070
LIBRARY COMMISSION
Compensation 2.68.050
Duties, powers, responsibilities 2.68.070
Effect 2.68.080
Established 2.68.010
Meetings, quorum 2.68.040
Records 2.68.060
Term of office 2.68.020
Vacancy, removal 2.68.030
LICENSE
See also PERMIT
Bicycle 11.08.020
Bingo 5.32.270
Business
See BUSINESS LICENSE
6:36-1 (Cupertino 12-93)
LICENSE
Cat 8.08.350
Commercial advertising 10.52.060
Dog 8.08.260
Firearm, concealable, sale 10.82.020
LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 5.44.070
applicability of provisions 5.44.020
conditional use permit
findings, basis 5.44.050
grant criteria 5.44.030
hearing 5.44.040
purpose of provisions 5.44.010
restrictions generally 5.44.060
severability of provisions 5.44.080
Consumption, open container possession
prohibitions 10.49.010
Violation, penalty 10.49.020
LOADING ZONES
See PARKING
-M-
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04.130
Animal control
administrative authority 8.01.040
seizure hearing 8.06.040
Approved street tree enforcement 14.16.080
Bicycle
enforcement 11.08.030
lanes designation 11.08.250
license issuance 11.08.040
Bingo, provisions administration 5.32.170
Clerk, city, appointment 2.20.100
Commission meetings, attendance 2.28.060
Compensation, reimbursement 2.28.080
Construction, noisy, permitting 10.46.050
Created 2.28.010
Departmental organization authority 2.48.030
Director of emergency services 2.40.050
Eligibility, bond 2.28.030
Encroachment permit issuance 14.08.040
False alarm
enforcement authority designation 10.26.100
hearing duties 10.26.120
Firearm, concealable, sale
administrative authority 10.82.010
license investigation 10.82.040
Garage, patio sale enforcement authority 5.16.060
Grocery store enforcement authority 5.36.060
Parade
administrative authority 10.44.140
permit issuance 10.44.050
Park and/or building permit issuance 13.04.040
Parks administration 13.04.220
Pedestrian regulations administration 11.09.020
Powers, duties 2.28.040
Relations with council 2.28.050
Residence requirement 2.28.020
Sales and use tax, alternate, collection 3.09.050
Smoking prohibition regulations enforcement
10.25.080
Solicitor
administrative authority 5.20.100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Street tree enforcement 14.12.030
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension, revocation
5.28.180
Temporary absence, replacement 2.28.070
Traffic
speed limit signing 11.12.040
stop intersection signing 11.20.040
through street signing 11.16.040
Water
department duties 15.12.090
provisions enforcement 15.12.050
(Cupertino iz-93> 636-2
PLUMBING CODE
Ordinance hearing 16.20.050
POLICE
See PRIVATE PATROL
SHERIFF
POLICE ALARM
See ALARM
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
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
PRELIMINARY SOIL REPORT
See BUII.DING
PRIVATE PATROL
Bond, insurance requirements 5.24.050
Defined 5.24.010
Identification cards 5.24.130
Permit
application 5.24.030
display required 5.24.090
expiration, renewal 5.24.080
fee 5.24.070
issuance 5.24.060
required 5.24.020
revocation
grounds 5.24.100
notice, hearing 5.24.110
sheriff approval 5.24.040
Reports required 5.24.140
Uniform, equipment regulations 5.24.120
Violation, penalty 5.24.150
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
defined 3.23.020
exempt activities designated 3.23.130
informal procedure when 3.23.120
invit~ltion, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
City defined 3.23.020
Defined 3.23.020
Definitions 3.23.020
Lowest responsible bidder
See also Award, criteria
defined 3.23.020
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Severability of provisions 3.23.180
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
645 (Cl~pertino 12-93)
PUBLIC WORKS DIRECTOR
PUBLIC WORKS DIRECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
premises inspection authority 3.36.190
Subdivision, park land dedication, fair market value
determination 18-1.602.7
PUBLIC WORKS INSPECTOR
Subdivision improvement inspection 18-1.810.3
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
City defined 3.22.020
Contract
See also PUBLIC WORKS CONTRACTS
bid, awazd procedures 3.22.060
Definitions 3.22.020
Equipment
See also EQUIPMENT, SURPLCIS, SALE
defined 3.22.020
Officer
See also PURCHASING OFFICER
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
Purchases defined 3.22.020
Purpose of provisions 3.22.010
Services defined 3.22.020
Severabili[y 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
- R -
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
REFUSE
See GARBAGE
RENTAL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Defined 9.04.010
Definitions 9.04.010
Food defined 9.04.010
Food eslilblishment defined 9.04.010
(CLpertino 12-93) (~6
WATERCOURSE POLLUTION PREVENTION
Severability of provisions 9.18.140
Storm drain
defined 9.18.020
discharge regulations
See Discharges
Unpolluted water defined 9.18.020
Violation
See also Dischazges
administrative penalties 9.18.130
civil penalties
illicit discharges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
Waste defined 9.18.020
Watercourse defined 9.18.020
WEAPON
See FIREARM
interpretation of provisions 19.20.090
permitted uses 19.20.030
prohibited uses 19.20.050
purpose 19.20.010
site development regulations 19.20.060
solar designs 19.20.080
yard regulations 19.20.070
Accessory building, swcture
applicability of provisions 19.80.010
generally 19.80.020
Accessory facilities
A-1 zone 19.20.030
A zone 19.16.030
GC zone 19.56.030
OA zone 19.76.030
PR zone 19.68.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
WEEDS
Abatement
assessment
collections as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
Urgency clause 9.08.120
Administrative and professional office zone
See OA zone
Administrative office
OA zone 19.76.030
Adoption of provisions 19.04.010
Adult oriented comercial activities
applicability of provisions 19.104.020
purpose 19.104.010
regulations
concentration of activities 19.104.030
proximity to residential, public, quasi-public
uses 19.104.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.68.030
Agricultural zone
See A zone
Airport
- Z - T zone 19.64.060
Air sports field
ZONING FP zone 19.72.040
A-1 zone Amendment
applicability of provisions 19.20.020 boundary changes
conditional uses 19.20.040 action by director 19.120.050
designated 19.12.010 action by planning commission 19.120.070
665 (Cupatiuo 12-93)
ZONING
application by city 19.120.040
application by owner 19.120.030
generally 19.04.080, 19.120.020
hearing, notice 19.120.060
generally 19.120.010
Amusement park
FP zone 19.72.040
Animal
breeding
A zone 19.16.030
A-1 zone 19.20.030, 19.20.040
clinic, hospital
ML zone 19.60.030
keeping
A zone 19.16.030
A-1 zone 19.20.030
121iS zone 19.40.030, 19.40.040
RIC zone 19.44.040
Apiary
A zone 19.16.030
A-1 zone 19.20.040
Appeal
action
city council 19.136.050
planning commission 19.136.040
filing procedures 19.136.020
generally 19.136.010, 19.136.060
hearing, notific~ltion 19.136.030
A zone
applicability of provisions 19.16.020
conditional uses 19.16.040
designated 19.12.010
interpretation of provisions 19.16.090
permitted uses 19.16.030
purpose 19.16.010
site development regulations 19. (6.060
solar designs 19.16.090
yard regulations 19.16.070
Appliance rental, sales
ML zone 19.60.030
Arboretum
A zone 19.16.030
A-1 zone 19.20.030
Archery practice range
FP zone 19.72.040
Assembly
ML zone 19.60.030
Athletic field
FP zone 19.72.040
Auction house
ML zone 19.60.030
Automobile rental
GC zone 19.56.040
ML zone 19.60.030
Automobile repair
GC zone 19.56.040
Automobile sales
ML zone 19.60.030
Automobile service station
GC zone 19.56.040
ML zone 19.60.040
Automobile washing facility
GC zone 19.56.040
ML zone 19.60.040
Bank
GC zone 19.56.030
Barn
A zone 19.16.030
A-1 zone 19.20.030.
BA zone
applicability of provisions 19.64.020
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.030
purpose 19.64.010
site development regulations 19.64.090
Bicycle motocross
F[' zone 19.72.040
BIIIIiUdS
FP zone 19.72.040
Boarding house
GC zone 19.56.040
Boa[ rental
GC zone 19.56.040
ML zone 19.60.030
Boat sales
ML zone 19.60.030
Boneyard
A zone 19.16.050
(Cupertino 12-93) 666
ZONING
Botanical conservatory Child day care facility
A zone 19.16.030 BQ zone 19.64.050
A-1 zone 19.20.030 GC zone 19.56.040
Bowling R-3 zone 19.36.040
FP zone 19.72.040 Civic organization
BQ zone BQ zone 19.64.050
applicability of provisions 19.64.020 Club
conditional uses 19.64.050 BQ zone 19.64.050
designated 19.12.010 GC zone 19.56.030, 19.56.040
development plan required 19.64.070 Coal s<11es
permitted uses 19.64.040 ML zone 19.60.030
purpose 19.64.010 Columb~rium
site development regulations 19.64.090 A zone 19.16.040
Building materials sales A-1 zone 19.20.040
ML zone 19.60.030 Communication swctures
Bus station, terminal A zone 19.16.040
T zone 19.64.060 A-1 zone 19.20.040
Business office Compliance with provisions required
GC zone 19.56.030 19.04.030
Business service Conditional use permit, variance
GC zone 19.56.030 action 19.124.060
Cabinent shop application
ML zone 19.60.030 concurrent 19.124.130
Carpenter shop generllly 19.124.020
ML zone 19.60.030 authority 19.124.010
Caterer reports 19.124.120
ML zone 19.60.040 conditions, findings of fact 19.124.080
Cattle farm decision 19.124.050
A zone 19.16.050 effective date 19.124.090
Cemetery hearing, notice 19.124.040
A zone 19.16.040 reports 19.124.110
A-1 zone 19.20.040 revocation, extension 19.124.100
C-G zone Conditiorrtl uses
applicability of provisions 19.56.020 A zone 19.16.040
architectural, site review 19.56.070 A-1 zone 19.20.030
conditional uses 19.56.040 BQ zone 19.64.050
designated 19.12.010 expansion 19.124.110
permitted uses 19.56.030 FP zone 19.72.040
prohibited uses 19.56.050 GC zone 19.56.040
purpose 19.56.010 ML zone 19.60.040
site development regulations 19.56.060 OA zone 19.76.040
Changes OS zone 19.24.040
action 19.120.100 R-1 zone 19.28.040
procedure 19.120.080 R-2 zone 19.32.040
review 19.120.090
667 (~pertiuo 12-93)
ZOMNG
R-3 zone 19.36.040 Definitions
RHS zone 19.40.040 applicability, purpose of provisions
RIC zone 19.44.050 19.08.010
Conflict of provisions 19.04.040 construction of provisions 19.08.020
Convenience store designated 19.08.030
GC zone 19.56.040 Delivery service
Conversion, apartment to community housing ML zone 19.60.030
applicability of provisions 19.88.020 Density bonus
application applicability of provisions 19.52.030
procedures 19.88.060 application 19.52.070
requirements 19.88.050 concessions 19.52.040
parking 19.88.040 definitions 19.52.020
purpose 19.88.010 purpose 19.52.010
regulations generally 19.88.030 requirements
Crematory affordable housing units 19.52.060
A zone 19.16.040 genertlly 19.52.050
A-1 zone 19.20.040 Development agreement
Crops application
A zone 19.16.030 fees 19.116.060
A-1 zone 19.20.030 form, contents 19.116.050
RHS zone 19.40.040 qualification required 19.116.070
Dairy processing review 19.116.090
A zone 19.16.030 authority of provisions 19.116.030
A-1 zone 19.20.040 c~uuellation
Dancehall city 19.116.280
FP zone 19.72.040 mutual consent 19.116.260
Dance instruction rights 19.116.290
FP zone 19.72.040 certificate of compliance
Day care home, large family appeal 19.116.250
BQ zone 19.64.050 issuance 19.116.230
R-2 zone 19.32.040 construction of provisions 19.116.330
R-3 zone 19.36.040 contents 19.116.100
RHS zone 19.40.03,19.40.040 definitions 19.116.040
RIC zone 19.44.050 effect 19.116.320
Day care home, small fvnily execution, recordation 19.116.340
A zone 19.16.030 findings of tact, intent of provisions
R-1 zone 19.28.040 19.116.010
R-2 zone 19.32.040 form 19.116.080
R-3 zone 19.36.040 hewing, city council
RHS zone 19.40.030 approval 19.116.150
RIC zone 19.44.040 consistency of agreement with city plans
Day nursery required 19.116.160
GC zone 19.56.040 genertlly 19.116.140
hev-ing
generally 19.116.200
(Cupertino 12-93) 668
ZONING
irregularity in proceeding 19.116.210 Fertilizer yard
hearing, planning commission A zone 19.16.050
recommendation 19.116.130 Financill institution
required 19.116.110 GC zone 19.56.030
review standard 19.116.120 Firearm practice range
judicial review 19.116.360 FP zone 19.72.040
noncompliance 19.116.240 Food processing
notice GC zone 19.56.040
failure to receive notice 19.116.190 Food store, specialty
generally 19.116.170 GC zone 19.56.040
purpose 19.116.020 FP zone
review applicability of provisions 19.72.020
generally 19.116.220 conditional uses 19.72.040
reference 19.116.260 designated 19.12.010
rules 19.116.300 development plan required 19.72.050
separate procedure 19.116.310 interpreliztion of provisions 19.72.090
severability of provisions 19.116.350 performance standards 19.72.080
time, means 19.116.180 prohibited uses 19.72.070
Districts purpose 19.72.010
applicability of provisions 19.12.060 subsidiary uses 19.72.060
designated 19.12.010 zoning designations 19.72.030
reference 19.12.020 Fraternal orgv~ization
Drinking establishment GC zone 19.56.030, 19.56.040
GC zone 19.56.040 Freeway
Drive-through facility T zone 19.64.060
GC zone 19.56.040 Fruit sale
Dry cleaning A zone 19.16.040
GC zone 19.56.040 A-1 zone 19.20.040
ML zone 19.60.030 Fuel pump
Duplicating service ML zone 19.60.040
ML zone 19.60.030 Fur f~rln
Entertainment eslilblishmcnt A-1 zone 19.20.050
GC zone 19.56.040 Furniture sales, used
ML zone 19.60.040 ML zone 19.60.030
Equestrian center Gallery
FP zone 19.72.040 FP zone 19.72.040
Expressway Garden
T zone 19.64.060 OS zone 19.24.030
Farm worker residence R-3 zone 19.36.030
A zone 19.16.030 General commercial zone
A-1 zone 19.20.030 See GC zone
Feed General office
sale GC zone 19.56.030
A zone 19.16.050 Go-cart track
ML zone 19.60.030 FE' zone 19.72.040
yard Golf course
A zone 19.16.050 BQ zone 19.64.050
669 (Cupertino 12-93)
ZONING
FP zone 19.72.040
Gravel pit
A zone 19.16.040
A-1 zone 19.20.040
Greenhouse
A zone 19.16.030
A-1 zone 19.20.040
ML zone 19.60.030
Group care activities
RHS zone 19.40.030
RIC zone 19.44.050
Group care facility
BQ zone 19.64.050
R-1 zone 19.28.040
Helicopter terminal
T zone 19.64.060
Hog farm
A zone 19.16.050
Homeless shelter, rot~lting
BQ zone 19.64.040
Home occupations
A zone 19.16.030
A-1 zone 19.20.030, 19.20.040
generally 19.92.050
nonconforming uses 19.92.070
prohibited uses 19.92.060
purpose 19.92.010
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
requirements generally 19.92.020
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040
standards
designated 19.92.030
interpretation of st~~nc1<v~ds 19.92.040
Horticulture
R-1 zone 19.28.030
R-3 zone 19.36.030
RHS zone 19.40.040
Hospital
BQ zone 19.64.050
Hotel
GC zone 19.56.040
Ice sales
ML zone 19.60.030
Industrial zone, light
See ML zone
Insurance agency
GC zone 19.56.030
Janitoral service
ML zone 19.60.030
Kennel
A zone 19.16.030
A-1 zone 19.20.040
Laboratory
ML zone 19.60.030
Lake
OS zone 19.24.040
Landscaping garden
A zone 19.16.030
A-1 zone 19.20.040
Late evening activities
GC zone 19.56.040
Laundry
GC zone 19.56.040
Liquor store
GC zone 19.56.040
Lodge
GC zone 19.56.030, 19.56.040
Lot regulations
A zone 19.16.060
R-1 zone 19.28.060
R-2 zone 19.32.060
Lumberyard
ML zone 19.60.030
Machinery rental, sales
ML zone 19.60.030
Manufacturing
ML zone 19.60.030
Map
areas not shown 19.12.040
district boundaries 19.12.030
use, interpret<ltion 19.12.050
Martial arts
FP zone 19.72.040
Mausoleum
A zone 19.16.040
A-1 zone 19.20.040
(Cl~pertino 12-93) 6'70
ZONING
Messenger service
ML zone 19.60.030
Mine
A zone 19.16.040
A-1 zone 19.20.040
Minor change
applicability of provisions 19.132.030
application diversion to administrative approval
approval 19.132.060
generally 19.132.040
time period suspension 19.132.050
defined 19.132.020
purpose of provisions 19.132.010
reports 19.132.070
M-L zone
applicability of provisions 19.60.020
conditional uses 19.60.040
designated 19.12.010
emission restrictions 19.60.060
parking, loading 19.60.080
permitted uses 19.60.030
prohibited uses 19.60.050
purpose 19.60.010
site development regulations 19.60.070
Mortuary
GC zone 19.56.040
Motel
GC zone 19.56.040
Motion picture studio
ML zone 19.60.030
Multiple-family residential dwelling
R-3 zone 19.36.030
Multiple-family zone
See R-3 zone
Museum
FP zone 19.72.040
Noncomplying facility
See also Nonconforming use
appeal 19.112.120
applicability of provisions 19.112.010
enlv'gement prohibited 19.112.060
maintenance, repair 19.112.070
proceedings 19.112.110
record 19.112.100
replacement 19.112.080
value determination 19.112.090
Nonconforming use
See also Noncomplying facility
appeal 19.112.120
applicability of provisions 19.112.010
change to other than conforming use prohibited
19.112.030
expansion prohibited 19.112.020
maintenance, repair 19.112.040
proceedings 19.112.110
record 19.112.100
replacement 19.112.050
value determination 19.112.090
Nuis~ulce 19.04.050
Nursery
A zone 19.16.030
A-1 zone 19.20.040
ML zone 19.60.030
O-A zone
applicability of provisions 19.76.020
conditional uses 19.76.040
designated 19.12.010
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street parking
applicability of provisions 19.100.020
exceptions 19.100.040
purpose 19.100.010
regulations 19.100.030
Open space zone
Sce OS zone
Orchard
A zone 19.16.030
A-1 zone 19.20.030
OS zone
applicability of provisions 19.24.020
conditional uses 19.24.040
permitted uses 19.24.030
purpose 19.24.010
Outdoor activity center
FP zone 19.72.040
Packing, crating est~nblishment
ML zone 19.60.030
671 (ClipeRiuo 12-93)
ZOMNG
Pazk
PR zone 19.68.030
Pazk and recreation zone
See PR zone
Pazking
See also Off-street pazking
applicability of provisions 19.96.020
purpose 19.96.010
regulations 19.96.030
Parking, parking garage
GC zone 19.56.040
ML zone 19.60.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use permit
approval action, city council 19.48.090
approval action, plalllllna commission
19.48.080
required 19.48.070
development plan modification 19.48.1 l0
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A zone 19.16.030
A-1 zone 19.20.030
B A zone 19.64.030
BQ zone 19.64.040
GC zone 19.56.030
ML zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
RIC zone 19.44.040
T zone 19.64.060
Personal services
GC zone 19.56.030
Pets
R-2 zone 19.32.030
R-3 zone 19.36.030
Pet shop
GC zone 19.56.040
Photography studio
GC zone 19.56.030
Picnic azea
BQ zone 19.64.050
FP zone 19.72.040
Planned development zone
See PD zone
Playground
GC zone 19.56.040
PR zone 19.68.030
OS zone 19.24.040
Pond
OS zone 19.24.040
Pool
OS zone 19.24.040
Poultry raising, hatchery
A zone 19.16.030
A-1 zone 19.20.040
Prezoning 19.120.110
Private recreation zone
See PP zone
Processing
ML zone 19.60.030
Professional office
GC zone 19.56.030
OA zone 19.76.030
Prohibited uses
A zone 19.16.050
A-1 zone 19.20.030
F1' zone 19.72.070
GC zone 19.56.050
ML zone 19.60.050
P2 zone
applicability of provisions
designated 19.12.010
park master pl~u~ required
permitted uses 19.68.030
purpose 19.68.010
19.68.020
19.68.040
(CLpertino 12-93) 672
ZONING
Public building zone purpose 19.108.010
See BA zone site development regulations 19.108.030
Purpose of provisions 19.04.010 Radio station
Quarry ML zone 19.60.030
A-1 zone 19.20.040 Radio tower
A zone 19.16.040 A zone 19.16.040
Quasipublic building zone A-1 zone 19.20.040
See BQ zone Railroad
R-1 zone T zone 19.64.060
applicability of provisions 19.2.8.020 Ranch
conditional uses 19.28.040 A zone 19.16.040
designated 19.12.010 A-1 zone 19.20.040
interpretation of provisions 19.28.090 Real estate agency
lot 19.28.060 GC zone 19.56.030
permitted uses 19.28.030 Recreation
purpose 19.28.010 OS zone 19.24.030
site development regulations 19.28.050 PR zone 19.68.030
solar design 19.28.080 RI iS zone 19.40.040
yard 19.28.070 Religious organization
R-2 zone B Q zone 19.64.050
applicability of provisions 19.32.020 Repair services
building coverage, setbacks 19.32.070 GC zone 19.56.030
conditional uses 19.32.040 ML zone 19.60.030
designated 19.12.010 Research v~d development
height 19.32.050 ML zone 19.60.030
lot 19.32.060 Research facility
permitted uses 19.32.030 OA zone 19.76.040
purpose 19.32.010 Residential clre home
yard 19.32.080 R-1 zone 19.28.030
R-3 zone R-2 zone 19.32.040
applicability of provisions 19.36.010 R-3 zone 19.36.040
conceptual development plan required Residential duplex home
19.36.050 See R-2 zone
conditional uses 19.36.040 Residential hillside zone
designated 19.12.010 See RIiS zone
parking 19.36.070 Residential single-fvnily cluster zone
permitted uses 19.36.030 See RIC zone
purpose 19.36.010 Res4~uracu
site development regulations 19.36.060 GC zone 19.56.040
Racquet club Rct<1i1 store
FP zone 19.72.040 GC zone 19.56.030
Radioactive material manul'acturc RI-iS zone
ML zone 19.60.040 applicability of provisions 19.40.020
Radio aerial building restrictions 19.40.060
applicability of provisions 19.108.020 conditional uses 19.40.040
673 (Cupertino 12-93)
ZONIIVG
designated 19.12.010
design standards 19.40.070
driveways, private roads 19.40.110
fencing 19.40.080
geologic, soil reports 19.40.100
interpretation of provisions 19.40.130
permitted uses 19.40.030
purpose 19.40.010
severability of provisions 19.40.150
site development regulations
designated 19.40.050
exception request, hev-ing 19.40.140
solar design 19.40.120
yard 19.40.090
RIC zone
applicability of provisions 19.44.020
characteristics 19.44.030
conditional uses 19.44.050
designated 19.12.010
development pl~u~ -
modifications 19.44.080
standards 19.44.070
permitted uses 19.44.040
purpose 19.44.010
waste development regulations 19.44.060
School
BQ zone 19.64.050
GC zone 19.56.040
Second dwelling unit
A-1 zone 19.84.020
applicability of provisions 19.84.020
architectural review 19.84.060
A zone 19.84.020
non-conforming, illegal second dwelling
units 19.84.070
occupancy 19.84.050
parking 19.84.040
purpose 19.84.010
R-1 zone 19.28.040, 19.84.020
RHS zone 19.40.030
RHS zone 19.40.040, 19.84.020
site development regulations 19.84.030
Shed
A zone 19.16.030
Single-fvnily dwelling unit
A zone 19.16.030
A-1 zone 19.20.030
PR zone 19.68.030
R-1 zone 19.28.030
RHS zone 19.40.030
RIC zone 19.44.040
Single-family residential zone
See R-1 zone
Site development regulations
accessory buildings, structures 19.80.030
A zone 19.16.050
A-1 zone 19.20.030
B A zone 19.64.090
BQ zone 19.64.090
GC zone 19.56.060
ML zone 19.60.070
OA zone 19.76.050
R-1 zone 19.28.050
R-3 zone 19.36.060
RHS zone 19.40.050
radio aerial 19.108.030
RIC zone 19.44.060
second dwelling unit 19.84.030
television aerial 19.108.030
T zone 19.64.090
Skating ri~ik
FP zone 19.72.040
Slaughterhouse
A zone 19.16.050
Solar design
A zone 19.16.080
A-1 zone 19.20.030
R-1 zone 19.28.080
R1IS zone 19.40.100
Sports training center
FP zone 19.72.040
Stables
A zone 19.16.030
A-1 zone 19.20.030, 19.20.040
OS zone 19.24.040
Stenographic service
ML zone 19.60.030
Stone cutting, monwnent manufacture
ML zone 19.60.040
Storage Facility
(Cupertino 12-93) 674
ZONING
ML zone 19.60.030 A-1 zone 19.20.030
Stream RHS zone 19.40.040
OS zone 19.24.040 Two-family use, one ownership
Swimming facilities R-2 zone 19.32.030
BQ zone 19.64.050 T zone
FP zone 19.72.040 applicability of provisions 19.64.020
ML zone 19.60.040 designated 19.12.010
Telegraph office development plan required 19.64.070
ML zone 19.60.030 permitted uses 19.64.060
Television aerial purpose 19.64.010
applicability of provisions 19.108.020 site development regulations 19.64.090
purpose 19.108.010 Utility company
site development regulations 19.1.08.030 BQ zone 19.64.050
Television station Utility facility
ML zone 19.60.030 ML zone 19.60.030
Television tower Utility swcture
A zone 19.16.040 A zone 19.16.040
A-1 zone 19.20.040 A-1 zone 19.20.040
Temporary buildings Variance
R-3 zone 19.36.030 See Conditional use permit, variance
Temporary uses Vegeliltion maintenance
conditional use permit OS zone 19.24.030
appeal 19.128.040 Video game
findings, required 19.128.030 F1' zone 19.72.040
granting 19.128.010 GC zone 19.56.030
issuance conditions 19.128.020 Vineyard
GC zone 19.56.040 A zone 19.16.030
R-2 zone 19.32.040 A-1 zone 19.20.030
R-3 zone 19.36.040 Violation, penalty
RHS zone 19.40.040 generally 19.04.070
Theatre remedies cumulative 19.04.060
FP zone 19.72.040 Warehouse
GC zone 19.56.040 ML zone 19.60.030
Transformer station Wine sale
A zone 19.16.040 A zone 19.16.040
A-1 zone 19.20.040 A-1 zone 19.20.040
Transmission lines Wood sales
A zone 19.16.040 ML zone 19.60.030
A-1 zone 19.20.040 Yard regulations
Transportation zone A zone 19.16.070
See T zone A-1 zone 19.20.030
Travel agency R-1 zone 19.28.070
GC zone 19.56.030 R-2 zone 19.32.080
Tree farm RHS zone 19.40.070
A zone 19.16.030
675 (Cl~pertioo 12-93)