2009 S-20CUPERTINa~, CALIFORNIA
Instruction Sheet
2009 S-20 Supplement
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JBS 4/2009
CITY OF CUPER7~IN0, CALIFORNIA
MUNICIPAL CODE
2009 S-20 Supplement contains:
Local legislation current through Ordinance 2040, passed 3-17-09
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
2.18.010
CHAPTER 2.18: CITY ATTORNEY
Section
2.18.010 Office of the City Attorney established.
2.18.020 Function and duties.
2.18.030 Council-Attorney relations.
2.18.040 Attorney-staff relations.
2.18.050 Relations between Attorney and individual
members of the public.
2.18.060 Bond.
2.18.070 Acting City Attorney.
2.18.080 Agreements on employment.
2.18.090 Assistants and employees.
2.18.100 Eligibility.
2.18.110 Suspension-Removal-Resignation.
2.18.010 Office of the City Attorney Established.
A. The office of the City Attorney, as set forth in
Government Code Section 36505, is established. The City
Attorney shall be appointed by the City Council wholly on
the basis of his or her qualifications. The City Attorney
shall hold office for and during the pleasure of the City
Council.
B. The office of the City Attorney shall consist of
the City Attorney and such assistants as may be authorized
by the Council.
C. The City Attorney shall administer the office, be
responsible for the successful performance of its functions,
and shall serve under the direct supervision and control of
the Council as its legal advisor.
D. The Council may retain or employ other
attorneys, assistants, or special counsel as may be needed to
take charge of any litigation or legal matters or to assist the
City Attorney therein. (Ord. 1673, § 1 (part), 1994)
2.18.020 Function and Duties.
The functions of the office of the City Attorney shall
be to:
A. Advise the Council and all City officers in all
matters pertaining to their offices;
B. Furnish legal services at all meetings of the
Council, except when excused or disabled, and give advice
or opinions on the legality of all matters under consideration
by the Council or by any of the boards, commissions,
committees or officers;
C. Prepare and/or approve all ordinances,
resolutions, agreements, contracts, and other legal
instruments as shall be required for the proper conduct of
the business of the City and approve the form of all
contracts, agreements, and bonds given to the City;
D. Provide the necessary legal services required in
connection with the acquisition of land or easements on
behalf of the City;
E. Subject to the general direction of the Council,
prosecute and defend the City, and all boards, officers and
employees in their official capacities, all civil proceedings
before judicial and quasi-judicial tribunals. The City
Attorney shall not compromise, settle or dismiss any action
for or against the City without permission of the City
Council. Nor shall the City Attorney commence any civil
action without the permission of the Council.
F. Prosecute all violations of City ordinance;
provided, however, that the City Attorney is not required to
prosecute any misdemeanor or infraction within the City
arising out of a violation of State law. (Ord. 1673, § 1
(part), 1994)
2.18.030 Council-Attorney Relations.
Individual Councilmembers may seek and obtain legal
advice from the City Attorney on any matter or matters
pertaining to the legal position of the City. Any such advice
given to individual Councilmembers, however, may be
repeated to the entire Council at any regular or special
Council meeting. With respect to advice to individual
Councilmembers regarding potential conflicts of interest, the
City Attorney may render informal advice; provided,
however, that it is understood that a Councihnember is
automatically protected from potential liability for conflict
of interest only upon taking action which conforms to a
written opinion issued by the California Fair Political
Practices Commission. (Ord. 1673, § 1 (part), 1994)
2.18.040 Attorney-Staff Relations.
Periodically, but not less than once per year, the City
Attorney and the City Manager will meet and confer in good
faith regarding the allocation of the City Attorney's time
among City departments. (Ord. 2033, § 1, 2008; Ord. 1673,
§ 1 (part), 1994)
2009 S-19 17
2.18.050 Cupertino -Administration and Personnel 18
2.18.050 Relations Between Attorney and Individual
Members of the Public.
Consistent with the functions and duties of the City
Attorney's office described in Section 2.18.020 of this
chapter, the City Attorney or the Assistant City Attorney
may, but is not required, to meet or discuss any matter with
individual members of the public, legal counsel, or the
media. (Ord. 1673, § 1 (part), 1994)
2.18.060 Bond.
The City Attorney shall furnish a corporate surety bond
to be determined and approved by the City Council, and
shall be conditioned upon the faithful performance of the
duties imposed upon the City Attorney as prescribed in this
chapter. Any premium for such bond shall be a proper
charge against the City. (Ord. 1673, § 1 (part), 1994)
2.18.070 Acting City Attorney.
A. The Assistant City Attorney shall serve as City
Attorney pro tempore during any temporary absence or
disability of the City Attorney.
B. In the event there is no Assistant City Attorney,
the Council shall appoint a qualified attorney to act as City
Attorney pro tempore. (Ord. 1673, § 1 (part), 1994)
2.18.080 Agreements on Employment.
The terms and conditions of employment of the City
Attorney shall be established by ordinance or resolution. If
the City Attorney is a full time employee, any employment
agreement between the City and the City Attorney shall
contain a provision for performance evaluations of the City
Attorney to be conducted by the City Council at least once
per calendar year. If the City Attorney is an independent
contractor, the City Council shall endeavor to provide
periodic feedback regarding the performance of the
independent contractor. (Ord. 2040 § 1, 2009; Ord. 2033
§ 2, 2008; Ord. 1673, § 1 (part), 1994)
2.18.090 Assistants and Employees.
Notwithstanding the provision of Section 2.52.100 of
the Municipal Code, but subject to the other applicable
provisions of Chapter 2.52, the City Attorney shall appoint,
discipline and remove all assistants, deputies, and employees
under his or her authority. (Ord. 1673, § 1 (part), 1994)
2.18.110 Suspension-Removal-Resignation.
A. The removal of the City Attorney shall be only on
a majority vote of the entire City Council. A resolution of
intention to remove the City Attorney shall first be passed at
any regular or special meeting of the Council. The
resolution shall specify the reason or reasons for the removal
and state whether the City Attorney is to be suspended from
his duties upon passage of the resolution. It shall also state
a date and time for a hearing at a regular or special meeting
of the Council to be held at the usual meeting place of the
Council. The hearing date shall be no less than two weeks
nor more than four weeks from the date of passage of the
resolution. Within one week after passage of the resolution,
a copy thereof shall either be served personally upon the
City Attorney or sent to him or her by registered mail,
receipt requested, at his last known address. The hearing
shall be open to the public if the City Attorney so requests
in writing by notifying the City Clerk at least five days prior
to the date set for the hearing.
B. At the time set for the hearing, the City Attorney
shall have an opportunity to answer the reason or reasons
given for his or her removal. Nothing herein contained,
however, shall be construed to require the Council or any of
its members to substantiate or prove the reason or reasons
for the removal as a condition of the removal, it being the
intention of the Council that the City Attorney shall hold
office only at the discretion of the Council and may be
removed at any time by following its procedure set forth in
this section. At the hearing, the Council shall take final
action on the resolution, either to carry out his or her
removal or to retain him or her. If the action is to remove
the City Attorney, his or her removal shall be effective until
at least two weeks have expired from the date of the
hearing. Failure of the City Council to adopt a motion or
resolution for removal shall be deemed a rescission of the
resolution of intention.
C. The City Attorney shall be entitled to receive his
or her regular compensation during the period between the
passage of the resolution and the effective date of his or her
removal.
D. The City Attorney may resign from his or her
position upon at least four weeks' written notice given to the
City Council. (Ord. 1673, § 1 (part), 1994)
2.18.100 Eligibility.
No person elected or appointed as aCouncil-person of
the City shall, subsequent to taking office as Councilperson,
be eligible for appointment as City Attorney until one year
has elapsed after the Councilmember has ceased to be a
member of the City Council. (Ord. 1673, § 1 (part), 1994)
2009 5-20
TITLE 15~: ZONING
Chapter
19.04 General Provisions
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) Zones
19.20 Agricultural-Residential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duplex (R-2) Zones
19.36 Multiple-Family Residential (R-3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single-Family Cluster (RIC) Zones
19.48 Planned Development (P) Zones
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (ML) 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) Zones
19.76 Administraitive and Profession Office (OA) Zones
19.80 Accessory 1/tuildings/Structures
19.81 Recycling Areas
19.82 Beverage Container Redemption and Recycling Centers
19.84 Second Dwelling Units in R-1, RHS, A and A-1 Zones
19.88 Conversion: of Apartment Projects to Community Housing Projects
19.92 Home Occupations
19.100 Parking Re;;ulations
19.104 Adult Orier-ted Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconformng Uses and Nonconforming Facilities
19.116 Development Agreements
19.118 Required Artwork in Public and Private Developments
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
19.134 Architectural and Site Review
19.136 Appeals
2009 S-20
19.28.010
CHAPTER 19.28: SINGLE-FA1IHI,Y RESIDENTIAL (R1) ZONES
Section
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Development regulations (site).
19.28.060 Development regulations (building)
19.28.070 Landscape requirements.
19.28.080 Permitted yard encroachments.
19.28.090 Minor residential permit.
19.28.100 Two-story residential permit.
19.28.110 Exceptions.
19.28.120 Development regulations-Eichler
(R1-e).
19.28.130 Development regulations-(R1-a).
19.28.140 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 neighborhoods;
B. Ensure provision of light, air and a reasonable
level of privacy to individual residential parcels;
C. Ensure a reasonable level of compatibility in scale
of structures within residential neighborhoods;
D. Reinforce the predominantly low-intensity setting
in the community. (Ord. 2039, (part), 2009; Ord. 1954,
(part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part),
2000; Ord. 1834, (part), 1999; 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 enlazged in an R-1 single-family residence district
other than in conformance with the provisions of this chapter
and other applicable provisions of this title. (Ord. 2039,
(part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1(pazt),
2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part),
1992)
19.28.030 Permitted Uses.
The following uses are 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
19.82, except for those second dwelling units requiring a
conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conforming with
the provisions of Chapter 19.80 of this title;
D. Home occupations in accordance with the
provisions of Chapter 19.92;
E. Horticulture, gardening, and growing of food
products.
F. Residential care facility that is licensed by the
appropriate State, County agency or department with six or
less residents, not including the provider, provider family or
staff;
G. Small-family day caze 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 yards, maintenance facilities, or
corporation yards;
J. Large-family day caze homes, which meet the
parking criteria contained in Chapter 19.100 and which are
at least three hundred feet from any other large-family day
care home. The Director of Community Development or
his/her designee shall administratively approve large day
Gaze homes to ensure compliance with the pazking and
proximity requirements;
K. Congregate residence with ten or less residents.
(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord.
1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1688,
§ 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1601, Exh.
A (part), 1992)
2009 S-20 ~9
19.28.040 Cupertino -Zoning 30
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
Development:
1. Temporary uses, subject to regulations established
by Chapter 19.124;
2. Large-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provided by
Section 15.97.46(3) of the State of California Health and
Safety Code;
3. Buildings or structures which incorporate solar
design features that require variations from setbacks upon a
determination by the Director that such design feature or
features will not result in privacy impacts, shadowing,
intrusive noise or other adverse impacts to the surrounding
area;
4. Second dwelling units which require a conditional
use permit pursuant to Chapter 19.84;
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 area designated for a
one-story limitation pursuant to Section 19.28.060 G(6) of
this chapter, provided that the Planning Commission
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;
3. Residential care facilities that fall into the
following categories:
a. Facility that is not required to obtain a license by
the State, County agency or department and has six or less
residents, not including the providers, provider family or
staff;
b. Facility that has the appropriate State, County
agency or department license and seven or greater residents,
not including the provider family or staff, is a minimum
distance of five hundred feet from the property boundary of
another residential care facility;
c. Facility that is not required to obtain a license by
the State, County agency or department and has seven or
greater residents, not including the provider family or staff,
is a minimum distance of five hundred feet from the
property boundary of another residential care facility;
4. Congregate residence with eleven or more
residents, which is a minimum distance of one thousand feet
from the boundary of another congregate residence and has
a minimum of seventy-five square feet of usable rear yard
area per occupant. (Ord. 2039, (part), 2009; Ord. 1954,
(part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part),
1999; Ord. 1784, (part), 1998; Ord. 1688, § 3 (part), 1995;
Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord.
1601, Exh. A (part), 1992)
19.28.050 Development Regulations (Site).
A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number
(multiplied by one thousand square feet) following the R-1
zoning symbol. Examples are as follows:
Zoning Symbol Number Minimum Lot Area in
Square Feet
R1 5 5,000
R1 6 6,000
R1 7.5 7,500
Rl 10 10,000
R1 20 20,000
2. Lots, which contain less area than required by
subsection A(1) of this section, but not less than five
thousand square feet, may nevertheless be used as building
sites, provided that all other applicable requirements of this
title are fulfilled.
B. Lot Width. The minimum lot width is sixty feet
measured at the front-yard setback line, except in the R1-5
district where the minimum lot width is fifty feet.
C. Development on Properties with Hillside
Characteristics.
1. Buildings proposed on properties generally
located south of Linda Vista Drive, south and west of Santa
Teresa and Terrace Drive, west of Terra Bella Drive and
north of Lindy Lane (see map below) zoned R1-20 that have
an average slope equal to or greater than fifteen percent are
developed in accordance with the following site development
standards:
2009 S-20
31 Single-Family Residential (Rl) Zones 19.28.050
a. Site Grading.
i. All site grading is limited to a cumulative total of
two thousand five hundred cubic yards, cut plus fill. The
two thousand five hundred cubic yards includes grading for
building pad, yard areas, driveway and all other areas
requiring grading, but does not include basements. The
graded area is limited to the building pad area to the greatest
extent possible. Grading quantities for multiple driveways
are divided equally among the participating lots, e.g., two
lots sharing a driveway will divide the driveway grading
quantity in half. The divided share will be charged against
the grading quantity allowed for that lot development. A
maximum of two thousand square feet of flat yard area,
excluding driveways, may be graded.
ii. All cut and fill areas are rounded to follow the
natural contours and planted with landscaping which meets
the requirements in Section 19.40.OSOG.
iii. A licensed landscape architect shall review
grading plans and, in consultation with the applicant and the
City Engineer, submit a plan to prevent soil erosion and to
screen out and fill slopes.
iv. If the flat yard area (excluding driveways)
exceeds 2,000 square feet or the cut plus fill of the site
exceeds 2,500 cubic yards, the applicant is required to
obtain a Site and Architectural approval from the Planning
Commission.
b. Floor Area.
i. The maximum floor area ratio is forty-five
percent of the net lot area for development proposed on the
existing flat pad portion, defined as pad areas equal to or
less than 10 % slope, of any lot.
Formula: A = 0.45 B: where A =maximum
allowable house size and B =net lot area.
ii. Buildings or additions located off of the flat pad
exceeding slopes of 10 % and producing floor area exceeding
4,500 square feet of total house size, require approval from
the Planning Commission in accordance with Chapter 19.134
of the Cupertino Municipal Code.
iii. Additions within an existing building envelope are
permitted provided that the total FAR of the existing
building and addition does not exceed 45%.
c. Second Floor Area and Balcony. The second
floor and balcony review process shall be consistent with the
requirements from the Residential Hillside Zoning District
(Chapter 19.40). The amount of second floor area is not
limited provided the total floor area does not exceed the
allowed floor area ratio.
d. Retaining Wall Screening. Retaining walls in
excess of five feet shall be screened with landscape materials
or faced with decorative materials such as split-faced block,
river rock or similar materials subject to the approval of the
Director of Community Development.
e. Fencing.
i. Solid board fencing is limited to a five thousand
square foot site area (excluding the principal building).
ii. 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 constructed within the front yard
setback. (Ord. 1634, (part), 1993)
f. Tree Protection. Up to two protected trees with a
diameter less than 18 inches may be removed to
accommodate a building pad subject to approval of the
Director of Community Development. Removal of protected
trees exceeding 18 inches or removal of more than two
protected trees requires approval of a tree removal permit by
the Planning Commission in accordance with the Tree
Ordinance.
2. No structure or improvements shall occur on
slopes of thirty percent or greater unless an exception is
granted in accordance with Section 19.40.140, unless no
more than five hundred square feet of development,
including grading and structures, occurs on an area with a
slope of thirty percent or greater.
D. An application for building permits filed and
accepted by the Community Development Department (fees
paid and permit number issued) on or before October 2,
2007 may proceed with application processing under
ordinances in effect at that time. (Ord. 2039, (part), 2009;
Ord. 2011, 2007; Ord. 2000, 2007; Ord. 1954, (part), 2005;
Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord.
1860, § 1 (part), 2000; Urd. 1834, (part), 1999; Ord. 1635,
§ 1 (part), 1993; Ord. 1601, Exh. A (part), 1992)
2009 S-20
19.28.060 Cupertino -Zoning 32
19.28.060 Development Regulations (Building).
A. Lot Coverage. The maximum lot coverage is
forty-five percent of the net lot area. An additional five
percent of lot coverage is allowed for roof overhangs,
patios, porches and other similar features not substantially
enclosed by exterior walls.
B. Floor Area Ratio. The objective of the floor area
ratio (FAR) is to set an outside (maximum) limit for square
footage. The FAR shall be used in conjunction with the
residential development standards and guidelines in this
ordinance in determining whether the mass and scale of the
project is compatible with the surrounding neighborhood.
1. The maximum floor area ratio of all structures on
a lot is forty-five percent.
2. The maximum floor area of a second story is
forty-five percent of the existing or proposed first story floor
area, or seven hundred fifty square feet, whichever is
greater.
a. The Director of Community Development may
grant approval to a second floor to first floor ratio greater
than 45 % provided that the following design principles are
met:
i. An identifiable architectural style shall be
provided;
ii. Design features, proportions and details shall be
consistent with the architectural style selected;
iii. Visual relief deemed to be appropriate by the
Director of Community Development shall be provided;
iv. Materials shall be of high quality;
v. Ensure appropriate building mass and scale;
vi. Design with architectural integrity on all sides of
the structure; and
vii. The design shall reflect symmetry, proportion and
balance.
The "City of Cupertino Two Story Design Principles"
are attached hereto as an Appendix and incorporated herein
by this reference.
3. Interior areas with heights above sixteen feet,
measured from the floor to the top of the roof-rafters, have
the mass and bulk of a two-story house and are counted as
floor area.
a. If the house is a two-story house, this area will
count as second story floor area; otherwise, the area will
count as first floor area.
C. Design Guidelines.
1. Any new two-story house, or second-story
addition to an existing house, shall be generally consistent
with the adopted single-family residential guidelines. The
Director of Community Development shall review the
project and shall determine that the following items are met
prior to design approval:
2009 S-20
a. The mass and bulk of the design is reasonably
compatible with the predominant neighborhood pattern. New
construction shall not be disproportionately larger than, or
out of scale with, the neighborhood pattern in terms of
building forms, roof pitches, eave heights, ridge heights,
and entry feature heights;
b. The design shall use vaulted ceilings rather than
high exterior walls to achieve higher volume interior spaces;
c. There shall not be athree-car wide driveway curb
cut.
d. No more than fifty percent of the front elevation
of a house should consist of garage area.
e. Long, unarticulated, exposed second story walls
should be avoided since it can increase the apparent mass of
the second story.
f. The current pattern of side setback and garage
orientation in the neighborhood should be maintained.
g. When possible, doors, windows and architectural
elements should be aligned with one another vertically and
horizontally and symmetrical in number, size and
placement.
h. Porches are encouraged.
i. Living area should be closer to the street, while
garages should be set back more.
j. All second story roofs should have at least a
one-foot overhang.
D. Setback-First Story.
1. Front Yard. The minimum front yard setback is
twenty feet; provided, that for a curved driveway the
setback is a minimum of fifteen feet as long as there are no
more than two such fifteen-foot setbacks occurring side by
side.
2. Side Yard. The combination of the two side yard
setbacks shall be fifteen feet, except that no side yard
setback may be less than five feet.
a. For a corner lot, the minimum side-yard setback
on the street side of the lot is twelve feet. The other side
yard setback shall be no less than five feet.
b. For interior lots in the R1-5 district, the side yard
setbacks are five feet on both sides.
c. For lots that have more than two side yards, the
setback shall be consistent for all side yards between the
front property line and the rear property line.
3. Rear Yard. The minimum rear yard setback is
twenty feet.
a. With a Minor Residential Permit, subject to
Section 19.28.090, the rear setback may be reduced to ten
feet if, after the reduction, the usable rear yard is not less
than twenty times the lot width as measured from the front
setback line.
33 Single-Family Re;~idential (Rl) Zones 19.28.060
4. Garage. The front face of a garage in an R1
district shall be set back a minimum of twenty feet from a
street property line.
a. For projects with three-car garages oriented to
the public right-of-way, the wall plane of the third space
shall be set back a minimum of two feet from the wall plane
of the other two spaces.
E. Setback-Second Story.
1. Fron[ and Rear Yards. The minimum front and
rear setbacks are twenty-five feet.
2. Side Yard. The combination of the side setbacks
shall be twenty five feet, except that no second-story side
setback may be less than ten feet.
a. In the case of a flag lot, the minimum setback is
twenty feet from any property line.
b. In the case of a comer lot, a minimum of twelve
feet from a street side property line and twenty feet from
any rear property line of asingle-family dwelling.
3. Surcharge. A setback distance equal to ten feet
shall be added in whole or in any combination to the front
and side-yard setback requirements specified in this section.
a. This regulation does not apply for homes with
second floor to first floor ratio greater than 45 %.
F. Basements.
1. The number, size and volume of lightwells and
basement windows and doors shall be the minimum required
by the Uniform Building Code for egress, light and
ventilation, except that in the case of a single-story house
with a basement, one lightwell may be up to ten feet wide
and up to ten feet long.
2. No part of a lightwell retaining wall may be
located within a required setback area, except as follows:
a. The minimum side setback for a lightwell
retaining wall is five feet;
b. The minimum rear setback for a lightwell
retaining wall is ten feet.
3. Lightwells that are visible from a public street
shall be screened by landscaping.
4. Railings for lightwells shall be no higher than
three feet in height and shall be located immediately
adjacent to the lightwell.
5. The perimeter of the basement and all lightwell
retaining walls shall be treated and/or reinforced with the
most effective root barrier measures, as determined by the
Director of Community Development.
G. Height.
1. Maximum Building Height. The height of any
principal dwelling in an R1 zone shall not exceed
twenty-eight feet, not including fireplace chimneys,
antennae or other appurtenances.
2. Building Envelope (One Story).
2009 S-20
a. The maximum exterior wall height and building
height on single-story structures and single-story sections of
two-story structures must fit into a building envelope defined
by:
i. A ten-foot high vertical line from natural grade
measured at the property line;
ii. Atwenty-five-degree roof line angle projected
inward at the ten-foot high line referenced in subsection
G(2)(a)(1) of this section.
b. Notwithstanding the building envelope in
subsection G(2)(a) of this section, a gable end of a roof
enclosing an attic space may have a maximum wall height of
seventeen feet to the peak of the roof as measured from
natural grade, or up to twenty feet with a Minor Residential
Permit.
3. Second Story Wall Heights. Fifty percent of the
total perimeter length of second story walls shall not have
exposed wall heights greater than six feet, and shall have a
minimum two-foot high overlap of the adjoining first story
roof against the second story wall. The overlap shall be
structural and shall be offset a minimum of four feet from
the first story exterior wall plane.
a. The Director of Community Development may
approve an exception to this regulation based on the fmdings
in Section 19.28.110 D.
b. This regulation does not apply for homes with
second floor to first floor ratio greater than 45%.
4. Entry Feature Height. The maximum entry
feature height is fourteen feet measured from natural grade
to the plate.
5. 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 an "i" designation to the R1 zoning district.
H. Second Story Decks. All new or expanded second
story decks with views into neighboring residential side or
rear yards shall file for a Minor Residential Permit, subject
to Section 19.28.090, in order to protect the privacy of
adjoining properties. The goal of the permit requirement is
not to require complete visual protection but to address
privacy protection to the greatest extent while still allowing
the construction and use of an outdoor deck. This section
applies to second-story decks, patios, balconies, or any other
similar unenclosed features.
1. A second-story deck or patio may encroach three
feet into the front setback for the principal dwelling.
2. The minimum side-yard setback is fifteen feet.
3. The minimum rear-yard setback is twenty feet.
I. 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
19.28.060 Cupertino -Zoning 34
such structure shall infringe upon solar easements or
adjoining property owners. Any solar structure that requires
variation from the setback or height restrictions of this
chapter may be allowed only upon issuance of a Minor
Residential Permit subject to Section 19.28.090. (Ord. 2039,
(part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part),
2001; Ord. 1863, (part), 2000; Ord. 1860, § 1 (part), 2000;
Ord. 1834, (part), 1999: Ord. 1808 (part), 1999; Ord. 1799
§ 1, 1998; Ord. 1784, (part), 1998; Ord. 1637, (part), 1993;
Ord. 1635, (part), 1993; Ord. 1630, (part), 1993; Ord.
1601, Exh. A (part), 1992)
19.28.070 Landscape Requirements.
To mitigate privacy impacts and the visual mass and
bulk of new two-story homes and additions, tree and/or
shrub planting is required. The intent of this section is to
provide substantial screening within three years of the
planting.
A. Applicability. This requirement shall apply to new
two-story homes, second-story decks, two-story additions,
or modifications to the existing second-story decks or
existing windows on existing two-story homes that increase
privacy impacts on neighboring residents. Skylights,
windows with sills more than five feet above the finished
second floor, windows with permanent, exterior louvers up
to six feet above the finished second floor, and obscured,
non- openable windows are not required to provide privacy
protection planning.
B. Privacy Planting Plan. Proposals for a new
two-story house or a second story addition shall be
accompanied by a privacy planting plan which identifies the
location, species and canopy diameter of existing and
proposed trees or shrubs.
1. New trees or shrubs are required on the
applicant's property to screen views from second-story
windows. The area where planting is required is bounded by
athirty-degree angle on each side window jamb. The trees
or shrubs shall be planted prior to issuance of a fmal
occupancy permit.
a. New tree or shrubs are not required to replace
existing trees or shrubs if an Internationally Certified
Arborist or Licenses Landscape Architect verifies that the
existing trees/shrubs have the characteristics of privacy
planting species, subject to approval by the Director or
Community Development.
b. Affected property owner(s) may choose to allow
privacy planting on their own property. In such cases, the
applicant must plant the privacy screening prior to issuance
of a building permit.
2. Waiver. These privacy mitigation measures may
be modified in any way with a signed waiver statement from
the affected property owner. Modifications can include
changes to the number of shrubs or trees, their species or
location.
C. Front-Yard Tree Planting. Applicants for new
two-story homes and two-story additions must plant a tree in
front of new second stories in the front yard setback area.
The tree shall be 24 inch-box or larger, with a minimum
height of six feet. The Director of Community Development
can waive this front-yard tree if there is a conflict with
existing mature tree canopies on-site or in the public
right-of--way.
D. Species List. The Planning Division shall
maintain a list of allowed privacy planting trees and shrubs.
The list includes allowed plant species, minimum size of
trees and shrubs, expected canopy or spread size, and
planting distance between trees.
E. Covenant. The property owner shall record a
covenant with the Santa Clara County Recorders Office that
requires the retention of all privacy planting, or use of
existing vegetation as privacy planting, prior to receiving a
final building inspection from the Building Division. This
regulation does not apply to situations described in
subsection B(1)(b) of this section.
F. Maintenance. The required plants shall be
maintained. Landscape planting maintenance includes
irrigation, fertilization and pruning as necessary to yield a
growth rate expected for a particular species.
G. Replacement. Where required planting is removed
or dies it must be replaced within thirty days with privacy
tree(s) of similar size as the tree(s) being replaced, unless it
is determined to be infeasible by the Director of Community
Development. (Ord. 2039, (part), 2009; Ord. 1954, (part),
2005)
19.28.080 Permitted Yard Encroachments.
A. Where a building legally constructed according to
existing yard and setback regulations at the time of
construction, encroaches upon present required yards and
setbacks, one encroaching side yard setback may be
extended along its existing building lines if the addition
receives a Minor Residential Permit and conforms to the
following:
1. The extension or addition may not further
encroach into any required setback and the height of the
existing non-conforming wall and the extended wall may not
be increased.
2. The maximum length of the extension is fifteen
feet.
3. The extension of any wall plane of a first-story
addition is not permitted to be within three feet of any
property line.
4. Only one such extension is permitted for the life
of such building.
2009 S-20
35 Single-Family Residential (Rl) Zones 19.28.080
5. 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 or exception, either before or after
such property become part of the City.
B. 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
auxiliary structure, may extend closer than three feet to any
property line. (Ord. 2039, (part), 2009; Ord. 1954, (part),
2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001;
Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord.
1808, (part), 1999; Ord. 1618, (part), 1993; Ord. 1601,
Exh. A (part), 1992)
19.28.090 Minor Residential Permits.
Projects that require a Minor Residential Permit shall
be reviewed in accordance with this section. The purpose of
this process is to provide affected neighbors with an
opportunity to comment on new development that could have
significant impacts on their property or the neighborhood as
a whole.
A. Notice of Application. Upon receipt of a complete
application, a notice shall be sent by first class mail to all
owners of record of real property (as shown in the last tax
assessment toll) that are adjacent to the subject property,
including properties across a public or private street. The
notice shall invite public comment by a determined action
date and shall include a copy of the development plans,
eleven inches by seventeen inches in size.
B. Decision. After the advertised deadline for public
comments, the Director of Community Development shall
approve, conditionally approve, or deny the application. The
permit can be approved only upon making all of the
following fmdings:
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinances and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
C. Notice of Action. The City Council, Planning
Commission, applicant and any member of the public that
commented on the project shall be notified of the action by
first class mail or electronic mail. Any interested party may
appeal the action pursuant to Chapter 19.136, except that the
Planning Commission will make the final action on the
appeal.
D. Expiration of a Minor Residential Permit. Unless
a building permit is filed and accepted by the City (fees paid
and control number issued) within one year of the Minor
Residential Permit approval, said approval shall become null
and void unless a longer time period was specifically
prescribed by the conditions of approval. In the event that
the building permit expires for any reason, the Minor
Residential Permit shall become null and void. The Director
of Community Development may grant aone-year extension
without a public notice if an application for a Minor
Modification to the Minor Residential Permit is filed before
the expiration date and substantive justification for the
extension is provided.
E. Concurrent Applications. At the discretion of the
Director of Community Development a Minor Residential
Permit can be processed concurrently with other
discretionary applications. (Ord. 2039, (part), 2009; Ord.
1954, (part), 2005)
19.28.100 Two-Story Residential Permit.
Two-story additions or two-story new homes require a
Two-Story Residential Permit in accordance with this
section. Two-story projects with a floor azea ratio under
35 % shall require aLevel ITwo-Story Residential Permit,
while atwo-story project with a floor azea ratio over 35
shall require a Level II Two-Story Residential Permit.
A. Notice of Application (Level I). Upon receipt of
a complete application, a notice shall be sent by first class
mail to all owners of record of real property (as shown in
the last tax assessment toll) that are adjacent to the subject
property, including properties across a public or private
street. The notice shall invite public comment by a
determined action date and shall include a copy of the
development plans, eleven inches by seventeen inches in
size.
1. Posted Notice. The applicant shall install a public
notice in the front yazd of the subject site that is cleazly
visible from the public street. The notice shall be a
weatherproof sign, at least two feet tall and three feet wide
firmly attached to a five-foot tall post. The notice shall
remain in place until an action has been taken on the
application and the appeal period has passed. The sign shall
contain the following:
a. The exact address of the property, if known, or
the location of the property, if the address is not known.
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of the City;
c. City contact information for public inquiries;
2009 S-20
19.28.100 Cupertino -Zoning 36
d. A deadline for the submission of public
comments, which shall be at least fourteen days after the
date the notice is posted;
e. A black and white orthographic rendering of the
front of the house, at least eleven inches by seventeen inches
in size. The City shall approve the illustration or rendering
prior to posting.
B. Notice of Application (Level II). Upon receipt of
a complete application, a notice shall be sent by first class
mail to all owners of record of real property (as shown in
the last tax assessment toll) that are within three hundred
feet of the subject property. The notice shall invite public
comment by a determined action date and shall include a
copy of the development plans, eleven inches by seventeen
inches in size.
1. Posted Notice. The applicant shall install a public
notice consistent with subsection A(1) of this section, except
that a colored perspective rendering shall be required instead
of a black and white orthographic rendering.
C. Story Poles. Story poles are required for any
Two-Story Residential Permit.
D. Decision. After the advertised deadline for public
comments, the Director of Community Development shall
approve, conditionally approve, or deny the application. The
permit can be approved only upon making all of the
following findings:
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
E. Notice of Action. The City Council, Planning
Commission, applicant and any member of the public that
commented on the project shall be notified of the action by
first class mail or electronic mail. Any interested party may
appeal the action pursuant to Chapter 19.136, except that the
Planning Commission will make the fmal action on the
appeal.
F. Expiration of a Two-Story Permit. Unless a
building permit is filed and accepted by the City (fees paid
and control number issued) within one year of the
Two-Story Permit approval, said approval shall become null
and void unless a longer time period was specifically
prescribed by the conditions of approval. In the event that
the building permit expires for any reason, the Two-Story
2009 S-20
Permit shall become null and void. The Director of
Community Development may grant cone-year extension,
without a public notice, if an application for a Minor
Modification to the Two-Story Permit is filed before the
expiration date and substantive justification for the extension
is provided.
G. Concurrent Applications. At the discretion of the
Director of Community Development, aTwo-Story Permit
can be processed concurrently with other discretionary
applications. (Ord. 2039, (part), 2009; Ord. 1954, (part),
2005)
19.28.110 Exceptions.
Where results inconsistent with the purpose and intent
of this chapter result from the strict application of the
provisions hereof, exceptions to section 19.28.060,
19.28.070 and 19.28.120 may be granted as provided in this
section.
A. Notice of Application. Upon receipt of a complete
application, the Community Development Department shall
set a time and place for a public hearing before the Design
Review Committee and send a notice by first class mail to
all owners of record of real property (as shown in the last
tax assessment toll) that are within three hundred feet of the
subject property. Properties that are adjacent to the subject
site, including those across a public or private street, shall
receive a reduced scale copy of the plan set with the public
notice.
B. Decision. After closing the public hearing, the
decision-maker shall approve, conditionally approve, or
deny the application based on the findings in this section.
Any interested party can appeal the decision pursuant to
Chapter 19.136.
C. Expiration of an Exception. Unless a building
permit is filed and accepted by the City (fees paid and
control number issued) within one year of the Exception
approval, said approval shall become null and void unless a
longer time period was specifically prescribed by the
conditions of approval. In the event that the building permit
expires for any reason, the Exception shall become null and
void. The Director of Community Development may grant
a one-year extension, without a public notice, if an
application for a Minor Modification to the Exception is
filed before the expiration date and substantive justification
for the extension is provided.
D. Findings for Approval.
1. Issued by the Director of Community
Development. The Director of Community Development
may grant exceptions from the prescriptive design regulation
described in Section 19.28.060 G(4) upon making all of the
following findings:
37 Single-Family Residential (Rl) Zones 19.28.110
a. The project fulfills the intent of the visible
second-story wall height regulation in that the number of
two-story wall planes and the amount of visible second story
wall area is reduced to the maximum extent possible.
b. The exception to be granted is one that will
require the least modification of the prescribed design
regulation and the minimum variance that will accomplish
the purpose.
c. The proposed exception will not result in
significant visual impact as viewed from abutting properties.
2. Issued by the Design Review Committee. The
Design Review Committee may grant exceptions from the
prescriptive design regulations described in Section
19.28.060, except 19.28.060 G(4) and Section 19.28.130
upon making all of the following findings:
a. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
b. The proposed development will not be injurious
to property or improvements in the area, nor be detrimental
to the public safety, health and welfare.
c. The exception to be granted is one that will
require the least modification of the prescribed design
regulation and the minimum variance that will accomplish
the purpose.
d. The proposed exception will not result in
significant visual impact as viewed from abutting properties.
(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005)
19.28.120 Development Regulations-Eichler
(Rl-e).
R1-esingle-family residence "Eichler districts" protect
a consistent architectural form through the establishment of
district site development regulations. Regulations found in
the other sections of this chapter shall apply to properties
zoned R1-e. In the event of a conflict between other
regulations in this chapter and this section, this section shall
prevail. Nothing in these regulations is intended to preclude
a harmonious two-story home or second story addition.
A. Setback-First Story.
1. The minimum front yard setback is twenty feet.
B. Building Design Requirements.
1. Entry features facing the street are integrated with
the roof line of the house.
2. The maximum roof slope is three-to-twelve (rise
over run).
3. Wood or other siding material located on walls
facing a public street (not including the garage door) shall
incorporate vertical grooves, up to six inches apart.
4. The building design shall incorporate straight
architectural lines, rather than curved lines.
2009 S-20
5. Section 19.28.060 G(4) is considered a guideline
in the R1-e district.
6. The first floor shall be no more than twelve
inches above the existing grade.
7. Exterior walls located adjacent to side yards shall
not exceed nine feet in height measured from the top of the
floor to the top of the wall plate.
C. Privacy Protection Requirements.
1. Side and Rear Yard Facing Second Floor
Windows. In addition to other privacy protection
requirements in Section 19.28.070, the following is required
for all second story windows:
a. Cover windows with exterior louvers to a height
of six feet above the second floor; or
b. Obscure glass to a height of six feet above the
second floor; or
c. Have a window sill height of five feet minimum
above the second floor. (Ord. 2039, (part), 2009; Ord.
1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1
(Part), 2000)
19.28.130 Development Regulations-(Rl-a).
R1-a districts are intended to reinforce the semi-rural
setting in neighborhoods with large lots. Regulations found
in the other sections of this chapter shall apply to properties
zoned R1-a. In the event of a conflict between other
regulations in this chapter and this section, this section shall
prevail.
A. Lot Area Zoning Designations. The minimum lot
size is ten thousand square feet.
B. Lot Width. The minimum lot width is
seventy-five feet measured at the front-yard setback line.
C. Second Story Area. A second floor shall be no
more than forty percent of the first floor, except as follows:
1. A second floor may be at least seven hundred
square feet in area.
2. In no case shall a second floor be more than one
thousand one hundred square feet in area.
D. Setback -First Story.
1. Front Yard. The minimum front yard setback is
thirty feet.
2. Side Yard. The minimum side yard setback is ten
feet.
3. Rear Yard. The minimum rear yard setback is
twenty feet.
E. Setback -Second Story.
1. Front Yard. The minimum front yard setback is
thirty feet.
2. Side Yard. The combined side yard setbacks shall
be thirty-five feet, with a minimum of fifteen feet.
3. Rear Yard. The minimum rear yard setback is
forty feet.
19.28.130 Cupertino -Zoning 38
4. The setback surcharge in Section 19.28.060 E(3)
does not apply in this district.
F. Second-story Regulations.
1. Second story decks shall conform to the
second-story building setbacks, and may be located on the
front and rear only.
2. The second-story shall not cantilever over a
first-story wall plane.
3. The front-facing wall plane(s) of the second-story
must be offset a minimum of three feet from the first-story
wall plane(s). The intent of this regulation is to avoid a
two-story wall plane on the front elevation.
G. Front Yard Paving. No more than fifty percent of
the front yard setback area may be covered with a
combination of impervious or semi-pervious surfaces. No
more than forty percent of the front yard setback area may
be covered with an impervious surface such as concrete or
asphalt.
H. Heights. The maximum exterior wall height and
building height on single-story structures and single-story
sections of two-story structures must fit into a building
envelope defined by:
1. A twelve-foot high vertical line measured from
natural grade and located ten feet from property lines;
2. A twenty-five degree roof line angle projected
inward at the twelve-foot high line referenced in subsection
H(2)(1) of this section.
I. Variation from the R1 and R1-a regulations shall
require a Variance pursuant to Chapter 19.124 of the
Cupertino Municipal Code in the R1-a district.
J. Design Review. All two-story development shall
require discretionary review based on Section 19.28.100,
except that the Design Review Committee shall approve or
deny the project at a public hearing based on the findings in
subsection N(1) of this section.
K. Design Guidelines. The guidelines in this section
shall be used in conjunction with the City's Single Family
Residential Design Guidelines. In cases where there may be
conflict between the two sets of guidelines, this Section shall
take precedence. Nonconformance with the guidelines shall
be considered acceptable only if the applicant shows that
there are no adverse impacts from the proposed project.
1. Second-story windows. Windows on the side
elevations should be fixed and obscured to a height of six
feet above the second floor, should have permanent exterior
louvers to a height of six feet above the second floor or
should have sill heights of five feet or greater to mitigate
intrusion into a neighbor's privacy.
2. All second story wall heights greater than six
feet, as measured from the second story finished floor,
should have building wall offsets at least every twenty-four
feet, with a minimum four-foot depth and ten-foot width.
2009 S-20
The offsets should comprise the full height of the wall plane.
3. Section 19.28.060 G(4) is considered a guideline
in the R1-a district.
4. Garages. The maximum width of a garage on the
front elevation should be twenty-five feet, which will
accommodate atwo-car garage. Additional garage spaces
should be provided through the use of a tandem garage or a
detached accessory structure at the rear of the property.
L. Permitted Yard Encroachments.
1. Where a principal building legally constructed
according to existing yard and setback regulations at the time
of construction encroaches, upon present required yards, one
encroaching side yard setback may be extended along its
existing building line.
a. The extension or addition may not further
encroach into any required setback and the height of the
existing non-conforming wall and the extended wall may not
be increased.
b. In no case shall any wall plane of a first-story
addition be placed closer than three feet to any property line.
c. This section does not apply to attached accessory
structures such as attached carports.
d. 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 or exception, either before or after
such property become part of the City.
2. 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
auxiliary structure, may extend closer than three feet to any
property line.
3. Front Porch. Traditional, open porches are
encouraged in this zone. When viewed from the street, a
porch should appear proportionately greater in width than in
height. A porch differs from an entry element, which has a
proportionately greater height than its width. Use of this
yard encroachment provision shall require the approval of
the Director of Community Development.
a. Posts. Vertical structural supports, such as posts,
for porches are allowed to encroach two feet into the
required front setback. Structural supports must be designed
such that the appearance is not obtrusive or massive.
b. Columns. The use of large columns or pillars is
discouraged.
c. Fencing. Low, open fencing for porches are
allowed to encroach two feet into the required front setback
area.
d. Eave Height. The eave height for a front porch
should not be significantly taller than the eave height of
typical single-story elements in the neighborhood.
39 Single-Family Re:;idential (Rl) Zones 19.28.130
e. Detailing. Porch elements should have detailing
that emphasizes the base and caps for posts and fence
elements.
f. The porch platform and roof overhang may
encroach five feet into the required front setback.
M. Landscaping.
1. Landscaping plans are required for all additions
or new homes. The purpose ofthe landscaping is to beautify
the property and to achieve partial screening of building
forms from the street and adjacent properties. Specific
measures are not prescribed. Generally, the landscaping
may include shrubbery, hedges, trees, or lattice with vines
on fences.
2. Landscaping plans for two-story development
shall include specific mitigations for impacts from mass,
bulk and privacy intrusion as required in Section 19.28.070
of the Cupertino Municipal Code, except that:
a. Privacy planting shall have a minimum setback
from the property line equivalent to one-quarter of the
spread noted on the City list.
b. Privacy trees shall have a minimum height of
twelve feet at the time of planting.
c. Front yard tree planting shall be placed such that
views from second-story windows across the street to
neighboring homes are partially mitigated.
d. The Director may waive the front yard tree based
on a report from an internationally certified arborist citing
conflict with existing mature trees.
N. Design Review Findings.
1. Findings. The Design Review Committee may
approve a design review application for two-story
development only upon making all of the findings below:
a. The project is consistent with the Cupertino
General Plan and Title 19 of the Cupertino Municipal Code.
b. The granting of this permit will not result in
detrimental or injurious conditions to property or
improvements in the vicinity, or to the public health, safety
or welfare.
c. The project is generally compatible with the
established pattern of building forms, building materials and
designs of homes in the neighborhood.
d. The project is consistent with the City's
single-family residential design guidelines and the guidelines
in this chapter and any inconsistencies have been found to
not result in impacts on neighbors.
e. Significant adverse visual and privacy impacts as
viewed from adjoining properties have bean mitigated to the
maximum extent possible.
(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005)
2009 S-20
19.28.140 Interpretation by the Planning
Director.
In R1 zones, the Director of Community Development
shall be empowered to make reasonable interpretations ofthe
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. 2039, (part),
2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000;
Ord. 1834, (part), 1999; Ord. 1808, (part), 1999; Ord.
1601, Exh. A (part), 1992)
19.108.010
CHAPTER 19.108: WIRELESS COMMUNICATIONS FACILITIES
Section
19.108.010 Purpose.
19.108.020 Applicability of regulations.
19.108.030 Definitions.
19.108.040 Site locations.
19.108.050 General site development
regulations.
19.108.060 Specific site development
regulations.
19.108.070 Design and siting review.
19.108.080 Application requirements.
19.108.090 Permitting.
19.108.100 Exceptions.
19.108.010 Purpose.
This chapter establishes regulations pertaining to the
location, siting, development, design and permitting of
wireless communications facilities for all zones existing in
this city in order to:
A. Facilitate the development of a wireless
communications infrastructure in the City for commercial,
public and emergency uses, and
B. Protect the health, safety, welfare and aesthetic
concerns of the public. (Ord. 2038 (part), 2009; Ord. 1736,
(part), 1996; Ord. 1601, Exh. A (part), 1992)
19.108.020 Applicability of Regulations.
This chapter shall apply to all types of aerials and
associated facilities used for wireless communications, that
is, the transmitting and/or receiving of voice, data, video
images and other information through the air via signals in
the radio and microwave frequency band. This includes
aerials for amateur radio, television, wireless modems,
cellular phones, enhanced specialized mobile radio (ESMR),
personal communications services (PCS), paging systems,
satellite communications and other wireless communication
technologies utilizing signals in the radio and microwave
frequency band. No wireless communication facility:
antennas, masts, towers and associated equipment shall be
hereafter erected, structurally altered or enlarged other than
in conformance with the provisions of this chapter and other
applicable provisions of this title. (Ord. 2038 (part), 2009;
Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)
19.108.030 Definitions.
As used in this chapter, the following terms are defined
in this section:
A. "Aerial" means a stationary transmitting and/or
receiving wireless communication device consisting of one
or any combination of the elements listed below:
1. "Antenna" means a horizontal or vertical element
or array, panel or dish that may be attached to a mast or a
tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. "Mast" means a vertical element consisting of a
tube or rod which supports an antenna.
3. "Tower" means a vertical framework of cross
elements which supports either an antenna, mast or both.
4. "Guy wires" means wires necessary to insure the
safety and stability of an antenna, mast or both.
B. "Collocation" means the placement of aerials and
other facilities belonging to two or more communication
service providers on a single mast or building. (Ord. 2038
(part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A
(part), 1992)
19.108.040 Site Locations.
A. Residential and Home Occupation Aerials.
1. Aerials intended for the private use of onsite
residents and guests and for home occupation purposes are
allowed on all residentially zoned and used properties.
B. Commercial, Office, Industrial, Public Utility
Aerials.
1. Aerials intended for commercial, office,
industrial and public use are prohibited on residentially
zoned and used properties, except the RHS zoning district.
Aerials may also be allowed on common-interest areas of
residential or mixed-use planned development zoned
properties subject to use permit approval and homeowner
association approval.
2. Such aerials may be allowed in all other zoning
districts pursuant to permitting procedures established under
Section 19.108.090.
3. Such aerials are allowed on utility poles and
towers, regardless of the zoning district, as long as the aerial
complies with Section 19.108.080(c). (Ord. 2038 (part),
2009; Ord. 1736, (part), 1996)
2009 5-20 l27
19.108.050 Cupertino -Zoning 128
19.108.050 General Site Development Regulations.
Provisions in Section 19.108.050 apply to all
residential and home occupation, commercial, office,
industrial and public utility aerials.
A. Aerials.
1. Aerials shall not exceed a height of fifty-five feet
above finished grade measured at the mast base, unless
otherwise provided in accordance with Section 19.108.060.
B. Antenna.
1. An antenna consisting of a single vertical element
not more than four inches in diameter in lieu of a horizontal
arrangement shall be excepted from the height restriction.
2. Antennas and/or guy wires shall not overlap
adjoining properties and shall not encroach upon an
easement without the written consent of the owner of the
easement which shall be attached to the application for a
building permit.
C. Masts and Towers.
1. The number of towers, and detached masts
exceeding eight inches in diameter at the base and thirty feet
in height above ground level, shall be limited as follows:
Lot Size Maximum Number of
Towers and Detached
Masts
B. Commercial, Office, Industrial, Public Utility
Aerials.
1. Aerials mounted on buildings that exceed the
aerial height limits stated in Section 19.108.050 may extend
six feet above the building parapet wall. An additional one
foot of height is allowed for every ten feet that the aerial is
setback from the parapet, to a maximum height of ten feet
above the building parapet, before a height exception is
required.
2. With the exception of a utility pole or tower used
as an aerial, detached masts and towers shall be set back a
minimum of seventy-five feet from a residentially zoned
property or a distance equal to one foot for every one foot
of structure height, whichever is greater. Building mounted
aerials shall be set back a minimum of seventy-five feet
horizontally from any residentially zoned property.
Detached masts and towers, with the exception of a utility
pole or tower used as an aerial, that are otherwise permitted
in a residential zoning district by this ordinance, shall be set
back a minimum of seventy-five feet from abutting
residentially zoned properties, and building mounted aerials
shall be set back aminimum ofseventy-five feet horizontally
from abutting residentially zoned properties.
3. Base equipment stations shall comply with the
setbacks of the zoning district and the City's noise standards
provided in Chapter 10.48. (Ord. 2038 (part), 2009; Ord.
1736, (part), 1996)
Less than 30,000 square One.
feet
30,000 square feet or Two. Additional towers,
more and detached masts,
above two, not meeting
the criteria stated in
Section 19.108.OSO.C.1.
require use permit
approval by the Planning
Commission.
2. Wood towers shall not be erected. (Ord. 2038
(part), 2009; Ord. 1736, (part), 1996)
19.108.060 Specific Site Development Regulations.
A. Residential and Home Occupation Aerials.
1. Aerials with panel or dish antennas of more than
ten square feet shall comply with the setbacks and height
limits for accessory structures.
2. Masts and towers shall be located at least ten feet
to the rear of the front building setback line and shall be set
back at least six feet.from any property boundary.
19.108.070 Design and Siting Review.
For aerials requiring discretionary review, the primary
review objectives are to ensure the goals of 19.108.010 are
met and to blend the design of the aerial into the surrounding
environment, or site the aerial in such a manner to minimize
the visual intrusiveness of the structure or artistically
enhance the appearance of the aerial. This review may
include, but not be limited to, the following criteria:
A. Gaps in coverage that would create emergency
communication problems;
B. Viability of alternative locations, such as
commercial, industrial, office, and public building sites.
C. Method of antenna-mounting, that is,
wall-mounting, roof-mounting or a freestanding structure.
D. Colors, materials and textures to integrate the
aerial into the surrounding environment or building;
E. Landscaping to screen the aerial;
F. Proximity and visibility of the aerial to residential
properties and public right-of-ways;
G. Dispersal of aerial locations to avoid visual
clutter;
H. Concentration of aerial locations to avoid visual
clutter;
2009 5-20
129 Wireless Communications Facilities 19.108.070
I. Opportunities for collocation of aerials on
existing masts and towers where visual intrusiveness is
reduced;
J. Design of the building or enclosure, which houses
the related base equipment and its compatibility with the
adjoining building architecture;
K. Opportunities to develop context-appropriate,
artistically enhanced aerial designs;
L. Screening of highly visible rooftop-mounted
aerials; and
M. Balancing of aesthetic concerns with the need to
provide a functional communications system.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.108.080 Application Requirements.
In addition to the standard application requirements,
the applicant may be required to provide the following
materials:
A. If more than one aerial is planned in the City
within a year by a single communication service provider,
a master plan shall be prepared of all facilities that can be
reasonably foreseen, showing the proposed aerial sites and
existing commercial, office, industrial and public utility
aerial locations within a one mile radius of the proposed
sites. The purpose of this requirement is to identify
opportunities for clustering, dispersal and collocation of
aerials to reduce visual intrusiveness;
B. Erection of a mock aerial, computer simulation
or sight-line elevations for all aerials to help assess the
visual effects;
C. Documentation that the technology and usage of
that technology meets Federal Communications Commission
adopted safety standards. (Ord. 2038 (part), 2009; Ord.
1736, (part), 1996)
19.108.090 Permitting.
A. For all zoning districts, aerials that exceed
maximum height limits require a height exception except as
otherwise provided in Section 19.108.060.
B. For zoning districts that require design review,
permitting procedures shall be as followed:
1. For aerials that are minimally visible to
residential properties and public rights-of--way, the Director
of Community Development shall process such applications
in accordance with Chapter 19.132.
2. For building-mounted aerials that are moderately
visible to residential properties and public rights-of--way, the
Director of Community Development, in his discretion, may
refer an application to the Planning Commission for design
review and approval in accordance with Chapter 19.132.
3. For detached aerials that are moderately to highly
visible to residential properties and public rights-of-way, a
2009 S-20
use permit approved by the Planning Commission is
required.
4. Public Noticing: In addition to the public hearing
noticing prescribed by the planning permit regulations, the
City shall extend mailed written notice of such hearing to
each owner of record of real property within one thousand
feet of the exterior boundary of the property for which
entitlement is sought as such owner of record is shown in the
last tax assessment roll pursuant to Section 65091 of the
California Government Code. The Director of Community
Development may extend mailed written notice beyond one
thousand feet, if in his judgment, the application for permit
may have negative effects on a larger area.
For aerials approved in accordance with Chapter
19.132, the Director of Community Development shall
provide mailed written notice of his decision, within five
calendar days from the date of the decision, to each owner
of record of real property within one thousand feet of the
exterior boundary of the property for which entitlement is
sought as such owner of record is shown in the last tax
assessment roll pursuant to Section 65091 of the California
Government Code.
5. Abandonment: All City approvals for new aerials
and modifications of existing aerial approvals shall be
conditioned to require the removal of the aerial, its
associated facilities and restoration of the land to its former
condition if the aerial is not used for its permitted purpose
for a period of eighteen months. The property owner or
applicant shill bear the entire cost of demolition and land
restoration.
6. All commercial, office, industrial, and public
utility aerial mast and tower approvals shall be conditioned
to allow the collocation of aerials and related facilities of
other commercial, office, industrial, and public utility users
where appropriate and feasible.
7. The Planning Commission, in its review of aerial
applications, shall seek the technical consultation of the
designated member or members of the Technology,
Information and Communications Commission.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.108.100 Exceptions.
A. An exception may be granted by the Planning
Commission for an aerial height exceeding the maximum
limit where practical difficulties, unnecessary hardships, or
results inconsistent with the purpose and intent of this
chapter result from strict application of the chapter
provisions.
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. Upon receipt of
19.28.100 Cupertino -Zoning 130
an exception application, a time and place for a public
hearing before the Planning 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 and Section 19.108.090(B)(4). The Planning
Commission shall hold a public hearing at which time the
Planning Commission may grant the exception based upon
all of the following findings:
1. That the literal enforcement of the provisions of
this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter;
2. 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;
3. That the exception to be granted will not result in
a hazardous condition for pedestrian and vehicular traffic.
C. After closing the public hearing, the Planning
Commission may approve, conditionally approve or deny
the application for exception. The Commission's decision
on the exception request may be appealed to the City
Council as provided for in Chapter 19.136.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
2009 S-20
19.118.010
CHAPTER 19.118: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
Section
19.118.010 Purpose and intent.
19.118.020 Applicability of regulations
19.118.030 Permitted artwork.
19.118.040 Ineligible artwork.
19.118.050 Application for public artwork.
19.118.060 Design criteria and artist
qualifications.
19.118.070 Minimum artwork value.
19.118.080 Maintenance requirements.
19.118.090 In lieu fee for artwork is
discouraged.
19.118.010 Purpose and Intent.
The purpose of this ordinance is to provide a review
framework for public art in both public and private
developments in the City of Cupertino, commensurate with
the following specific goals, as described in the Cupertino
General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and
visitors alike;
C. Stimulate opportunities for the arts through
cooperative relations between local business and the City.
(Ord. 2037 (part), 2009)
19.118.020 Applicability of Regulations.
A. Any development of 50,000 sq. ft. or larger
involving construction of new buildings and/or the
expansion of existing buildings shall be subject to the
requirements of this chapter.
B. Additional artwork not mentioned in this chapter
by means of specific plan, use permit, planned development
or other discretionary review maybe required when deemed
appropriate by the City Council. (Ord. 2037 (part), 2009)
19.118.030 Permitted Artwork.
Types of art that may be used to satisfy the
requirements of this chapter include, but are not limited to,
the following:
A. Sculpture: in-the-round, bas-relief, mobile,
fountain, kinetic, electronic, or other, in any material or
combination of materials;
B. Painting: all media, including portable and
permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy
and photography, but only when on a large public scale;
D. Mosaics;
E. Functional artwork created by a professional
artist, such as benches, tree grates or trash receptacles;
F. Any other form of work of art determined by the
Fine Arts Commission to satisfy the intent of this chapter.
(Ord. 2037 (part), 2009)
19.118.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy
the requirements of this chapter:
A. Reproductions of original works of art, whether
by mechanical or other means. However, permitted artwork
may include limited editions, controlled by the artist, of
original prints, cast sculpture, photographs, or other art
forms;
B. Directional or other functional elements such as
supergraphics, signing, or color coding, except where those
elements are integral parts of original signed artworks;
C. Art objects which are mass-produced from a
standard design, such as playground equipment, fountains,
flags or banners;
D. Landscaping and garden features, except where
these elements are designed by the artist and are an integral
part of a fine artwork. (Ord. 2037 (part), 2009)
19.118.050 Application for Public Artwork.
A. An application for public artwork may be made
by the property owner of record or his agent.
B. Application shall be made to the Director of
Community Development on a form provided by the City.
C. Application for public art for a new development
shall be made in conjunction with the review of the use
permit and/or architectural and site approval for the entire
project, in order that the design and location be taken into
consideration at the time of architectural and site planning,
as outlined in Chapter 19.124 of the Cupertino Municipal
Code.
D. The Fine Arts Commission shall review for
approval the public art application and artwork. The
decision of the Fine Arts Commission may be appealed in
2009 5-20 1~12A
19.118.050 Cupertino -Zoning 142B
accordance with Section 1.16.020 of the Cupertino
Municipal code, or as amended. (Ord. 2037 (part), 2009)
19.118.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art
on private property without imposing the artistic preferences
of the City on the owner or the developer of the property.
Artistic preferences are to be primarily those of the owner
or developer of the property, but the aztwork and its
location is subject to approval of the Fine Arts Commission.
A permit required pursuant to Section 19.118.050 shall
be granted upon a showing by the applicant that the
proposed artwork meets the following criteria:
A. The artwork is of a nature specified in Section
19.118.030.
B. The artwork requirement is to be satisfied with
one significant piece of artwork, except that the requirement
may be met with several works of art when specifically
found by the Fine Arts Commission to fulfill the intent of
this chapter. The artwork shall be an integral part of the
landscaping and/or architecture of the buildings.
C. The artwork shall be easily visible from the
public street and be located in an area specifically
designated on the project site plan. Appropriate locations
include, but are not limited to, entryways to the property,
greenbelts, and building exteriors. The artwork must be in
permanent view to motorists and pedestrians. Artwork
located at the entrance to a development should make a
major statement and be visible from the main pazking lot, if
any. When located in proximity to major traffic
thoroughfares, the artwork should be at a motorist's scale
and oriented toward the view corridor of the motorist.
D. Artwork located along Stevens Creek Boulevazd
or De Anza Boulevard corridors shall be large in scale and
oriented to the view corridors of the motorist. Appropriate
artwork in these corridors will most likely be sculptural:
however, other forms of art may be considered if consistent
with the intent of this chapter. Artwork should have a visual
impact upon passengers in a moving vehicle or pedestrians
not less than 100 feet away.
E. The composition of the artwork shall be of
permanent materials requiring a low level of maintenance.
Materials used shall be durable and resistant to graffiti and
the effects of weather.
F. The nature and style of the artwork shall be
considered in the context of other artwork in the
surrounding azea in order to encourage a wide range of art
styles and materials, and to create a balanced and interesting
aesthetic appearance. The developer is encouraged to give
preference to artists living or working in the San Francisco
Bay area, and to avoid using artists whose work is already
2009 S-20
displayed as public art within the City of Cupertino
boundaries.
G. Because the artwork will necessarily be highly
visible to the public and be associated with city
requirements, expressions of obvious bad taste or profanity
shall not be approved.
H. Water and/or electronic sculpture may be
permitted if adequate assurance of continued maintenance is
provided.
I. Artwork shall be identified by an appropriate
plaque or monument measuring not less than eight inches by
eight inches. The plaque shall be made of a durable,
permanent material and shall be placed near the artwork,
and shall list the date of installation, title and artist, and
medium.
J. The artwork shall be a permanent, maintained
fixed asset of the property, and statements to this fact shall
be attached or recorded to the existing CC&R's or otherwise
recorded on the property deed, to advise subsequent property
owners of their obligations to maintain the artwork.
K. The proposed artwork shall meet the criteria for
review as set forth in the City of Cupertino Public Art
Program Guidelines for Selection of Public Art, as originally
adopted by the City Council Resolution No. OS-040, or as
later amended.
L. The artist's qualifications will be evaluated and
examples of past work may be reviewed. The review,
however, shall be primarily for the purpose of determining
the artist's experience with artwork of monumental
proportion. (Ord. 2037 (part), 2009)
19.118.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including
but not limited to design, fabrication, and installation, is
one-quarter of one percent (.25 %), with an expenditure cap
of $100,000.00, or such minimum expenditure and/or
expenditure cap that is set forth in the Cupertino General
Plan. (Ord. 2037 (part), 2009)
19.118.080 Maintenance Requirements.
The property owner shall maintain the artwork in good
condition continuously after its installation, as determined
appropriate by the city. Maintenance shall include all
related landscaping, lighting, and upkeep, including the
identification plaque. Artwork required or approved
pursuant to this chapter cannot be removed, except for
required maintenance or repair, unless approved by the City;
at which time the City may require replacement or relocation
of the aztwork. In the event that the artwork is located in
the public right-of-way, a maintenance agreement with the
City shall be required. (Ord. 2037 (part), 2009)
142C Required Artwork in Publiic and Private Developments 19.118.090
19.118.090 In Lieu Fee for Artwork is Discouraged.
In some instances the placement of artwork on a
particular property may not be feasible. In such cases, an
in-lieu contribution may be made to the City. The developer
or property awner may apply to the Fine Arts Commission
for an in-lieu fee alternative on projects that lack an
appropriate location for public art, although such alternative
is strongly discouraged. (Ord. 2037 (part), 2009)
2009 S-20
37 Comprehensive Ordinance List
Ord. No. Ord. No.
1944 Amends § 16.08.210, grading permits 1969 Modifies development agreement
- limitations and conditions (16.08) (1-DA-90) to extend its term and to
1945 Amends §§ 9.08.020 - 9.08.040, revise use and permit requirements
9.08.060 - 9.08.110, weed abatement related to hotels, garages,
(9.08) neighborhood meetings, and public
1946 Rezones certain land (Not codified) hearings at Vallco (Not codified)
1947 Modifies development agreement for 1972 Rezones certain land (Not codified)
new retail space, residential units and 1973 Rezones certain land (Not codified)
parking structure (Not codified) 1974 Amends §§ 2.32.020, 2.36.020,
1948 Amends § 18.28.040, application, and 2.68.030, 2.74.020, 2.80.020,
§ 18.28.050, filing and processing 2.86.030 and 2.88.030, terms of
(18.28) office, members and meetings-quorum
1949 Not used (2.32, 2.36, 2.68, 2.74, 2.80, 2.86,
1950 Rezones certain land (Not codified) 2.88)
1951 Amends § 2.24.020, payment 1975 Not in effect due to referendum
procedure (2.24) 1977 Not in effect due to referendum
1952 Amends § 2.04.030, City Council - 1979 Amends Ch. 16.28, Fences and adds
place of meetings (2.04) § 16.28.080, prohibited fences (16.28)
1954 Amends Ch. 19.28, single-family 1982 Amends Ch. 9.18, Stormwater
residential (R1) zones; repeals Pollution Prevention and Watershed
§§ 19.28.105, 19.28.150, 19.28.160 Protection (9.18)
and Appendices A, B and C (19.28) 1985 Amending City Council Salaries (2.16)
1956 Repeals Ch. 2.06 -City Council - 1986 Rezones certain land (Not codified)
campaign finance (2.06) 1987 Amends Title 17, Signs (17)
1958 Amends § 2.04.010, regular meetings 1988 Establishes regulations concerning
(2.04) Claims Against City (1.18)
1959 Rezones certain land (Not codified) 1989 Amends § 11.27.145 concerning
1960 Repeals Ch. 20.02, general plan designation of preferential parking
1963 Amends § 9.06.110, massage therapist zones (11.27)
permit-criteria for issuance and 1990 Amends § 11.24.150 concerning
§ 9.06.120, massage therapist practical parking prohibitions along certain
examination (9.06) streets (11.24)
1964 Amends §§ 2.60.040 and 2.68.040, 1991 Amends § 11.24.170 concerning
meetings-quorum-officers-staff, and parking limitations on certain streets
§§ 2.80.050 and 2.92.050, (11.24)
meetings-quorum (2.60, 2.68, 2.80, 1992 Establishes regulations regarding water
2.92) resource protection (9.19)
1965 Amends Ch. 2.74, Cupertino 1993 Rezones certain land (Not codified)
technology, information, and 1994 Rezones certain land (Not codified)
communications commission (2.74) 1995 Amends § 2.74.010 concerning
1966 Amends § 14.04.230, Street Technology, Information, and
improvements-exceptions (14.04) Communications Commission (2.74)
1967 Amends Ch. 9.18, stormwater 1999 Amends § 11.24.140 concerning
pollution prevention and watershed parking for purposes of servicing or
protection (9.18) repairing (11.24)
1968 Amends § 11.24.150 to remove the 2000 Amends § 19.28.050 regarding
prohibition of parking on the west side development regulations (19.28)
of Vista Drive between Apple Tree 2002 Amends § 11.24.170, relating to
drive and a point 200 feet south parking limitations on Torre street
(11.24) (11.24)
2008 S-15
Ord. No.
2003
2005
2006
2007
2008
2009
2010
2011
2012
2014
2015
2016
2017
2018
2019
2020
Cupertino -Comprehensive Ordinance List
Amends Ch. 14.18 regarding the
protection of trees (14.18)
Amends § 14.08.010 relating to the
defmition of City Manager and adds
§ 14.08.035 relating to permit notice
requirements (14.08)
Amends § 11.24.150) prohibiting
parking on Hoo Hoo Way (11.24)
Rezones certain land (Not codified)
Amending § 2.08.096 regarding the
filing deadline for a petition for
reconsideration (2.08)
Adding Chapter 2.17 relating to City
Council/City Staff relationships (2.17)
Amending § 2.74.010 modifying the
composition of the Technology,
Information and Communications
Commission. (2.74)
Amending § 19.28.050 regarding R1-
20 zoned properties (Not codified)
Describing a program to acquire real
property by eminent domain in the
Vallco Redevelopment Project (Not
codified)
Amending § 13.04.150 regarding
vehicle requirements (13.04)
Amending §§ 2.32.040, 2.36.040,
2.60.020, 2.60.040, 2.68.040,
2.80.040, 2.86.050, 2.88.050,
2.92.020, 2.92.040 regarding
Chairperson and Vice-Chairperson
terms (2.32, 2.36, 2.60, 2.68, 2.80,
2.86, 2.88, 2.92)
Amending the California Electric
Code. Amending § 16.16.010 and
repealing 16.16.080 - 16.16.110 and
16.16.140. (16.16)
Amending the 2007 California
Plumbing Code. Amending
§§ 16.20.010 - 16.20.030, 16.20.080
and 16.20.090 (16.20)
Amending the 2007 California
Mechanical Code. Amends
§§ 16.24.010 - 16.24.030 (16.24)
Adopting the 1997 Uniform Code for
the Abatement of Dangerous Buildings
Codes (16.70)
Amending Chapter 16.40 regarding the
California and International Fire Codes
(16.40)
Ord. No.
38
2021 Amending Chapter 16.04 regarding the
Building Code. (16.04)
2022 Creating a new Chapter 16.72
regarding recycling and diversion of
construction and demolition waste
(16.72)
2023 Amending § 11.20.020 regarding
vehicular stops required at certain
intersections (11.20)
2024 Rezones certain land (Not codified)
2025 Amending property maintenance
regulations (9.22)
2026 Prohibiting skateboarding and roller
skating in certain areas (11.08)
2027 Amending § 2.08.096 and 19.136.020
to provide for refunds of funds (2.08,
19.136)
2029 Amending § 11.24.160 regarding
parking prohibitions on certain streets
(11.24)
2030 Amending §§ 17.08.010 and 17.32.090
regarding special event banners,
promotional devices and portable signs
and displays (17.08, 17.32)
2033 Amending §§ 2.18.040 and 2.18.080
relating to the City Attorney (2.18)
2034 Amending Table 11.24.160 prohibiting
parking during certain hours on
Greenleaf Drive (11.24)
2035 Amending § 11.20.020 relating to the
establishment of a vehicular stop at
Ann Arbor Avenue and Greenleaf
Drive (11.20)
2036 Amending § 11.20.030 relating to a
vehicular stop at Calvert Drive and
Tilson Avenue (11.20)
2037 Adding Chapter 19.118 regarding
required artwork in public and private
developments (19.118)
2038 Amending Chapter 19.108 regarding
wireless communication facilities
(19.108)
2039 Amending Single-Family Residential
(R1) Zones (19.28)
2040 Amending Section 2.18.080 regarding
agreements on employment (2.18)
2009 S-20
Index
ARTWORK, REQUIRED IN PUBLIC AND PRIVATE
DEVELOPMENTS
Applicability of regulations 19.118.020
Application for public artwork 19.118.050
Design criteria and artist qualifications 19.118.060
Ineligible artwork 19.118.040
In lieu fee for artwork is discouraged 19.118.090
Minimum artwork value 19.118.080
Permitted artwork 19.118.030
Purpose and intent 19.118.010
ATHLETIC EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CITY
Assistant, acting, when 2.18.070
Bond requirements 2.18.060
City staff, relations with 2.18.040
Conflict of interest 2.64.020
Council, relations with 2.18.030
Eligibility 2.18.100
Employment agreement 2.18.080
Office established 2.18.010
Powers, duties 2.18.020
Public, relations with 2.18.050
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Staff 2.18.090
Suspension, removal, resignation 2.18.110
AUDIT COMMITTEE
Chair 2.88.050
City powers unchanged 2.88.130
City staff 2.88.110
Compensation, expense reimbursement 2.88.070
Established, composition 2.88.010
Meetings 2.88.060
Members
at large 2.88.020
vacancy 2.88.040
Powers, duties 2.88.100
Recordkeeping 2.88.090
Rules, regulations 2.88.120
Term 2.88.030
Voting 2.88.080
AUTO COURT
Business license tax rate 5.04.390
2009 5-20
- 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
Definitions 11.08.010--11.08.015
Equipment requirements 11.08.130
Impoundment 11.08.240
Lane position requirements 11.08.150
License
address change notification 11.08.090
alteration, destruction prohibited 11.08.061
existing, validity 11.08.070
fees 11.08.120
indicia, renewal 11.08.050
issuance 11.08.040
transferability 11.08.080
Package carrying restrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
Registration certificate
See also License
issuance 11.08.060
Regulations generally 11.08.020
Riding restrictions 11.08.210
Roller skates
See ROLLER SKATES
Routes designated 11.08.260
Skateboards
See SKATEBOARDS
Traffic laws applicability 11.08.140
Violation, penalty 11.08.280
Walking, pedestrian laws applicable 11.08.200
BINGO
Administrative authority designated 5.32.170
Authority 5.32.010
Defined 5.32.020
Equipment 5.32.090
Financial interest limited 5.32.100
Hours 5.32.150
Inspection authority 5.32.180
Cupertino -Index
License
See also Permit, license
fee 5.32.280
renewal 5.32.290
required 5.32.270
Location 5.32.080
Minor, participation prohibited 5.32.040
Organizations permitted to conduct 5.32.030
Participant to be present 5.32.140
Permit
See also Permit, license
applicant investigation 5.32.210, 5.32.220
application, contents 5.32.200
approval, conditions 5.32.240
denial when 5.32.250
hearing, notice records review 5.32.230
required 5.32.190
Permit, license
See also License
Permit
nontransferable 5.32.310
suspension, revocation
authority 5.32.320
notice, hearing 5.32.330
Prizes, value 5.32.130
Proceeds, charitable uses required 5.32.110
Provisions to supplement state law 5.32.350
Public access required 5.32.050
Recordkeeping 5.32.120
Reporting requirements 5.32.300
Staffmg, operation
change, reporting, investigation 5.32.260
generally 5.32.060
Violation, Penalty 5.32.360
BOND
Attorney, city 2.18.060
Auctioneer 5.08.020
City clerk 2.20.040
Excavation, grading permittee 16.08.150
Manager, city 2.28.030
Moving buildings 16.36.060
Private patrol 5.24.050
Public works contract 3.23.140
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
6
BUILDING
Address number visibility requirements 16.04.050
Electrical Code
See ELECTRICAL CODE
Excavation, foundations, retaining walls
See EXCAVATION, GRADING, RETAINING
WALLS
Fence
See FENCE
Heating, cooling
See MECHANICAL CODE
Inspector
bingo permit applicant investigation 5.32.220
building moving permit issuance 16.36.050
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
fees 16.36.055
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, duties 16.36.120
violation, penalty 16.36.130
Official
swimming pool code
administration 16.32.030
enforcement 16.32.060
Plumbing code
See PLUMBING CODE
Preliminary soils report
See Soils report
purpose 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
Soils report
appeals 16.12.070
approval 16.12.050
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Swimming pool
See SWIMMING POOL
2009 S-20
6A
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 1505 16.04.080
Section 1614, 1614.1, 1614.3 16.04.110
Section 1614, 1614.1, 1614.3 16.04.170
Section 1908.1,1908.1.17 16.04.180
Index
2009 5-20
23
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption
2.52.150
pay plan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
See Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Fences, location, height determination 16.28.030
Flood area appeal duties 16.52.030
Index
Meetings
amendments, records required 2.32.060
procedure 2.32.050
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.080
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood area authority 16.52.021
PLUMBING CODE
Adopted 16.20.010
Amendments, Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Board of appeals 16.20.120
Condensate disposals 16.20.080
Fees schedule 16.20.110
Hearings 16.20.100
Name substitution 16.20.020
Violation, penalty 16.20.100
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
PRELIMINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.050
Exemptions from provisions 9.22.030
Franchise Tax Board, notice 9.22.060
Penalties 9.22.040
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
2008 S-17
Cupertino -Index
PUBLIC AND PRIVATE DEVELOPMENTS, ART
REQUIREMENTS
See ARTWORK, REQUIRED IN PUBLIC AND
PRIVATE DEVELOPMENTS
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
Defmitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
premises inspection authority 3.36.190
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
24
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Defmitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash required
3.22.040
Purpose of provisions 3.22.010
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
RECYCLING AND DIVERSION OF CONSTRUCTION
AND DEMOLITION WASTE
Administrative fee, 16.72.060
Covered projects, 16.72.030
Defmitions, 16.72.020
Diversion requirements, 16.72.040
Findings of the City Council, 16.72.010
Information required before issuance of permit,
16.72.050
Reporting, 16.72.070
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
fmdings required 2.78.070
restrictions 2.78.030
2009 S-20