2008 S-17CUPERTINO, CALIFORNIA
Instruction Sheet
2008 S-17 Supplement
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Title Page
Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
9, 10 9, 10
TITLE 9: HEALTH AND SANITATION
47, 48 47, 48
TITLE 11: VEHICLES AND TRAFFIC
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TITLE 19: ZONING
159, 160 159, 160
Comprehensivf; Ordinance List
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INDEX
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JBS 7/2008
CITY OF CUPER7'INO, CALIFORNIA
MUNICIPAL CODE
2008 S-17 Supplement contains:
Local legislation current throu€;h Ordinance 2027, passed 5-6-08
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
a.o8.ol0
CHAPTER 2.08: CITY COUNCIL--RI;ILES AND CONDUCT OF MEETINGS*
Section
2.08.010 Adoption of rules.
2.08.030 Petition-Defined.
2.08.040 Petition-Hearing notice.
2.08.070 Petition-Exception.
2.08.080 Method of presenting matters to Council.
2.08.090 Order of business.
2.08.095 Reconsideration.
2.08.096 Reconsideration-Sought by interested
person.
2.08.100 Written communications.
2.08.105 Oral communications.
2.08.110 Reports of officers and official bodies.
2.08.130 Discussion procedure.
2.08.135 Designation of signators for official
documents.
2.08.140 Violation-Penalty.
* For statutory provisions authorizing the City
Council to establish rules for the conduct of its
proceedings, see Gov. Code § 36813.
2.08.010 Adoption of Rules.
The City Council may adopt from time to time such
rules of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall become
effective upon a majority vote of the Council and shall be
kept on file with the City Clerk and a copy thereof shall be
exhibited to any person upon request. (Ord. 6, § 1, 1955)
2.08.030 Petition-Defined.
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communication
signed with multiple signatures and which is delivered to the
City Clerk for the attention of the City Council. Such
petitions so received will be processed in the same manner
as written communications. (Ord. 673, (part), 1975; Ord.
49, § 1, 1958)
2.08.040 Petition-Hearing Notice.
The City Council after having received a petition may,
at its discretion, set a time for the holding of a public
heazing thereon. Unless otherwise provided by law or any
other ordinances of this City, there shall be no prescribed
minimum or maximum interim period between the setting of
said time and the holding of such public hearing. (Ord. 673,
(part), 1975; Ord. 49, § 2, 1958)
2.08.070 Petition-Exception.
Sections 2.08.030 through 2.08.070 shall not apply to
any petition in which there is a prescribed method of
publication or notice pursuant to law or any other ordinances
of this City. (Ord. 49, § 5, 1958)
2.08.080 Method of Presenting Matters to Council.
A. Every official, board, commission or other body,
connected with the City government, and every citizen,
individual, corporation, committee or civic group, having
any reports, communications or other matters to be
presented at a City Council meeting, shall be referred to the
City Clerk in writing before nine a.m. of the sixth day
(Sunday included) preceding the day of such meeting for it
to be given consideration as an item of agenda business.
B. The City Clerk shall prepare an agenda setting
forth such matters and the nature thereof under their
appropriate headings, and setting forth all other matters to
come before such meeting under their appropriate headings,
all under the headings in order specified in Section
2.08.090. The City Clerk shall, preceding such meetings,
cause one copy thereof to be delivered to each member of
the City Council and shall make such other copies available
for public review as is consistent with State law. (Ord.
1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord.
673, (part), 1975; Ord. 389, § 3.4, 1968)
2.08.090 Order of Business.
A. The City Council of the city ordains that the order
of business at each regulaz meeting of the City Council shall
be as follows:
1. Pledge of allegiance;
2. Roll call;
3. Ceremonial matters-presentations;
4. Postponements;
5. Written communications;
6. Oral communications;
7. Consent calendaz;
8. Items removed from the consent calendar;
9. Public hearings;
2.08.090 Cupertino -Administration and Personnel 10
10. Unfinished business;
11. New business;
12. Ordinances;
13. Staff reports;
14. Council reports;
15. Closed session;
16. Adjournment.
B. The order of business to be taken up at an
adjourned meeting shall be that as deemed by the Mayor and
the City Council to be proper.
C. The foregoing order of business may, at any
regular meeting on motion duly made and carried, be
changed or suspended for the period of such meeting.
D. The City Council may, in its discretion, establish
time limitations for the presentation or discussion of any
item of business; and, may establish a time after which no
agenda item of business will be taken up in which case the
motion for adjournment will contain the date and time for
the completion of agenda business. (Ord. 1697, (part),
1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986;
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord.
1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975;
Ord. 389, § 3.5, 1968)
2.08.095 Reconsideration.
A. The Council may, at any time before adjournment
of any council meeting, determine to reconsider an item of
business previously acted upon at that council meeting. A
motion to reconsider may only be made by a councilmember
who was a member of the prevailing majority voting on the
item. A motion to reconsider may be seconded by any
councilmember.
B. If a motion for reconsideration prevails, the
Council is then free to reconsider the item either at the same
council meeting or at any other council meeting established
by the Council; provided, however, that the Council shall
not reconsider an item at the same council meeting, in the
following instances:
1. Any action involving a public hearing which has
been closed;
2. Any action, including appeals, regarding a zoning
matter, use permit, subdivision map approval, variance,
architectural and site approval or sign exception;
3. Any action involving the granting, modification
or revocation of any permit issued by the City;
4. Any action which is quasi judicial in nature.
C. In such cases, the Council shall reconsider the
item at another council meeting date established by the
Council and shall direct the City Clerk to provide
notification to the relevant parties or the general public, as
the case may be. (Ord. 1697, (part), 1995; Ord. 1378, § 1,
1986)
2008 S-17
2.08.096 Reconsideration-Sought by Interested Person.
A. The City Clerk shall forthwith mail all notices of
decision after the decision of the City Council. Any
interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a
petition for reconsideration with the City Clerk within ten
days of the date of the mailing of the notice of decision.
Failure to file a petition for reconsideration constitutes a
waiver of the right to request reconsideration and the City
Council's decision shall be final for all purposes. Upon
timely receipt of a petition for reconsideration, the City
Clerk shall schedule a reconsideration hearing to be
commenced by the City Council no later than sixty days
after the filing of the petition. Mailed notices of the date,
time and place of such hearing will be provided to all
interested persons at least ten days prior to the hearing. At
the conclusion of the hearing for reconsideration, the City
Council may affirm, reverse, or modify its original decision,
and may adopt additional fmdings of fact based upon the
evidence submitted in any and all city hearings concerning
the matter.
B. A petition for reconsideration shall specify, in
detail, each and every ground for reconsideration. Failure
of a petition to specify any particular ground or grounds for
reconsideration, precludes that particular omitted ground or
grounds from being raised or litigated in a subsequent
judicial proceeding.
The grounds for reconsideration are limited to the
following:
1. An offer of new relevant evidence which, in the
exercise of reasonable diligence, could not have been
produced at any earlier city hearing.
2. An offer of relevant evidence which was
improperly excluded at any prior city hearing.
3. Proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, jurisdiction.
4. Proof of facts which demonstrate that the City
Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City
Council abused its discretion by:
a. Not preceding in a manner required by law;
and/or
b. Rendering a decision which was not supported by
fmdings of fact; and/or
c. Rendering a decision in which the fmdings of fact
were not supported by the evidence.
C. A petition for reconsideration is subject to a
reconsideration fee as prescribed by resolution of the City
Council. At the conclusion of the reconsideration hearing,
the City Council may, in its sole discretion, refund all, or a
portion, of the reconsideration fee. (Ord. 2027 § 1, 2008;
Ord. 2008, 2007; Ord. 1807, § 1, 1999)
9.22.010
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 Penalties.
9.22.050 Enforcement of other laws unaffected
9.22.060 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health,
safety and welfaze of the people of the City of Cupertino,
and to protect the City's neighborhoods against blighting and
deteriorating influences or conditions that contribute to the
downgrading of neighborhood aesthetics and property values
by establishing minimum standards, in addition to standards
contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant
land. (Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.020 Unlawful Acts.
Except for any property which has been approved by
the City for such use, no owner, agent or lessee or other
person occupying or having control of any real property
(including City property) within the City shall maintain or
allow to be maintained any of the following conditions in
any front, side or back yard azeas visible from a public
street or sidewalk:
A. The storage of any refrigerator, washing
machine, sink, stove, heater, boiler, tank, or any other
household appliance, equipment, machinery or furniture
other than that designed and used for outdoor activities or
any part of any listed item for a period in excess of seventy-
two consecutive hours;
B. An accumulation of glass, paper, metal, plastic or
other recyclables;
C. Dead, decayed or diseased trees, weeds or other
vegetation likely to cause a fire or health hazazd, an
infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts,
scrap material, waste paper, boxes and cartons, packing
materials, combustible trash, tires or vehicle parts;
E. A tree stump (or stumps) with a trunk diameter
greater than six inches and a height of greater than 2.5 feet.
As used herein "tree stump" means the base part of a tree or
the trunk protruding above ground in which 90% or more of
the foliage or canopy of the tree has been removed.
Excepted from this prohibition aze trees which are pollazded
in accordance with the American National Standards
Institute (ANSI) A300-2001 standards. This prohibition
applies to stumps of all trees in the City including those
described in Chapters 14.12 (Street Trees) and in Chapter
14.18 (Protected Trees).
F. The maintenance of any structure in a state of
substantial deterioration, such as peeling paint on a facade,
broken windows, damaged porches, broken steps, roofs in
disrepair and other such deterioration or disrepair not
otherwise constituting a violation, where such condition
would have a tendency to depreciate the aesthetic and
property values of surrounding properties;
G. A lack of adequate landscaping or groundcover
sufficient to prevent blowing dust and erosion;
H. Except for construction purposes on a continuous
basis for a period not to exceed six months any storage of
sand, dirt, gravel, concrete or any similar materials liable to
constitute an attractive nuisance hazardous to small children;
I. Except for construction purposes on a continuous
basis for a period not to exceed six months any storage of
lumber, salvage materials, building materials or fixtures.
(Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.030 Exemptions.
The provisions of this chapter shall not apply in the
following circumstances where:
1. Building materials and equipment are stored
during the period of time continuous construction is
occurring on the property;
2. The property owner, agent or lessee has a valid
permit from the city, state or federal government to maintain
the condition. (Ord. 2025, (part), 2008; Ord. 1793, (part),
1998)
9.22.040 Penalties.
Any person who violates the provisions of this chapter
shall upon conviction by guilty of an infraction punishable
in accordance with the provisions of Chapter 1.12. (Ord.
2025, (part), 2008; Ord. 1793, (part), 1998)
2008 S-17 4•~
9.22.050 Cupertino -Health and Sanitation 48
9.22.050 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or
authorized law enforcement officers to prosecute violators
of any statute of the State of California or other ordinances
of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement. (Ord.
2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.060 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating
to substandard housing within six months or the time
prescribed in a written notice of violation, whichever is
later, the City Manager or his designee may submit a notice
of noncompliance to the Franchise Tax Board to prohibit
individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization
with respect to the substandard housing pursuant to the
provisions of Sections 17274 and 24436.5, as applicable, of
the California Revenue and Taxation Code. (Ord. 2025,
(part), 2008; Ord. 1793, (part), 1998)
2008 S-17
13 Bicycles 11.08.250
Mariam Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive
(Saratoga-Sunnyvale
Road) Stelling Road to DeAnza Boulevard Both
Stevens Creek
Boulevard East City Limit to the West City
Limit Both
De Anza Boulevard Homestead Road to State Route 85 Both
South Stelling Road Homestead Road to Prospect Road Both
Prospect Road Stelling Road to De Anza Boulevard Both
Miller Avenue Calle De Barcelona To Bollinger
Road Both
Wolfe Road Homestead Road to Stevens
Creek Boulevard Both
Foothill Boulevard Interstate Route 280 to McClellan Road Both
(Ord. 1873, 2001; Ord. 1870, 2001; Ord. 1856, 2000; Ord.
1848, 2000; Ord. 1766, 1997; Ord. 1759, 1997; Ord. 1745,
1996; Ord. 1740, 1996; Ord. 1731 (part), 1996; Ord. 1544,
1991; Ord. 1517, 1990; Ord. 1420 (part), 1987)
11.08.260 Bicycle Route-Designated.
The City Manager, upon approval of the City Council,
is authorized to erect or place signs upon any street in the
City indicating the existence of a bicycle route, and
otherwise regulating the location and use of vehicles and
bicycles with respect to them, so long as the same are
consistent with this chapter. Before such a sign is erected,
the subject bicycle route shall be designated on such streets
by an approved sign, or in such other manner as the City
Manager determines will provide sufficient notice of the
existence of such bicycle route.
Tantau Avenue Stevens Creek Boulevard to Both
Barnhart Avenue
Barnhart Avenue Tantau Avenue to Sterling Both
Boulevard
Miller Avenue Calle De Barcelona to Stevens Both
Creek Boulevard
(Ord. 1872, 2001; Ord. 1864, 2000; Ord. 1739, 1996; Ord
1731 (part), 1996; Ord. 1420 (part), 1987)
11.08.270 Prohibition of Skateboarding and Roller
Skating.
It is unlawful and subject to punishment in accordance
with Section 11.08.280 of this chapter, for any person
utilizing or riding upon any skateboard, roller skates or any
similar device to ride or move about in or on any public
property when the same property has been designated by the
City Council and posted as a "No Skateboarding or Roller
Skating Area. " The following are established as a no
skateboarding or roller skating areas:
Civil Center Plaza (City Hall/Library).
Veteran's Memorial (in Memorial Park). (Ord. 2026,
2008; Ord. 1916, (part), 2003; Ord. 1898, 2002; Ord.
1767, (part), 1997)
11.08.280 Penalty.
Any person who violates any provision of this chapter
shall be guilty of an infraction, and, upon conviction
thereof, shall be punished as provided in Chapter 1.12,
except that no fine imposed for violation of any licensing
and registration provisions of this chapter shall exceed ten
dollars. (Ord. 1886, (part), 2001; Ord. 1767, (part), 1997;
Ord. 1420, (part), 1987)
DESIGNATION OF BICYCLE ROUTE
Street Description Side
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Stevens
Creek Boulevard Both
Portal Avenue Merritt Drive to Price Avenue Both
Lubec Street Mary Avenue to Anson Way Both
Anson Way to Milford Drive Both
Milford Drive to Castine Avenue Both
Castine Avenue to Greenleaf Drive Both
Greenleaf Drive to Beardon Drive Both
Beardon Drive to Valley Green Drive Both
Valley Green Drive to Bandley Drive Both
Merritt Drive Mariam Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Terry Way Both
Terry Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Avenue Both
McClellan Road Foothill Boulevard to Byrne Avenue Both
Erin Way Stelling Road to Kirwin Lane Both
Kirwin Lane to Kim Street Both
2008 5-17
19.136.010
CHAPTER 19.136: APPEALS
Section
19.136.010 Appeal from the determinations of
the Director.
19.136.020 Filing procedure.
19.136.030 Hearing and notification.
19.136.040 Action by the Commission.
19.136.050 Action by the City Council.
19.136.060 Appeal from actions of
Commissions.
19.136.010 Appeal from the Determinations of the
Director.
An appeal may be taken to the Planning Commission
by any person, firm or corporation aggrieved or affected by
any grant, denial, modification or revocation of any permit,
vaziance or exception, or any determination or interpretation
of or by the Director of Community Development related to
any provision of this title. (Ord. 1601, Exh. A (part), 1992)
19.136.020 Filing Procedure.
A. An appeal shall be in writing on forms prescribed
by the City and shall be filed during regular office hours
with the City Clerk within fourteen calendaz days after the
mailing of notice of the City decision or determination of the
Director under this title. An appeal not filed within such
time shall be barred. The appeal shall state the grounds
thereof.
B. Appeals under this chapter are subject to an
appeal fee as prescribed by resolution of the City Council.
At the conclusion of the appeal hearing, the City Council
may, in it sole discretion, refund all, or a portion of, the
appeal fee. (Ord. 2027 § 2, 2008; Ord. 1601, Exh. A (part),
1992)
19.136.030 Hearing and Notification.
Upon notification and receipt of the appeal, a date for
public hearing before the Planning Commission shall be set,
which will be held within ninety days from the date of the
filing of the appeal. Notice of hearing shall be given in the
same manner as provided in Section 19.120.060 for notice
of hearing by the Director of Community Development.
(Ord. 1601, Exh. A (part), 1992)
19.136.040 Action by the Commission.
Upon the date set for heazing, the Planning
Commission shall conduct a public heazing thereon, unless,
for cause, the Commission on that date continues the matter.
Upon conclusion of the heazing on the appeal, the
Commission shall make findings and recommend to the City
Council that the decision of the Director be affirmed,
changed or modified, or, in lieu thereof, make such other or
additional recommendations as it deems proper and shall
submit the determination in the form of a recommendation
to the City Council. (Ord. 1601, Exh. A (part), 1992)
19.136.050 Action by the City Council.
Upon receipt of the recommendation of the Planning
Commission, the City Council shall consider the appeal with
thirty days of receipt of the recommendation by the City
Clerk. The City Council shall conduct a public heazing on
the matter. In conformity with the provisions of this title,
the Council may affirm or reverse, wholly or partly, or may
modify any decision, determination, or requirement
recommended by the Planning Commission, and may make
such decision or may impose such conditions as the facts
warrant with respect to the appeal and the decision or
determination of the Council shall be fmal. Any permit or
variance by the Council on appeal shall be effective
immediately. Notice of the Council's decision shall be
mailed to the original applicant, to the person filing the
appeal, and to any other person who has filed a written
request therefor with the City Clerk. (Ord. 1601, Exh. A
(part), 1992)
19.136.060 Appeal from actions of Commissions.
An appeal may be taken to the City Council by any
person, firm or corporation aggrieved or affected by any
fmal determination or decision of the Planning Commission
under the provisions of this title. An appeal taken under this
section shall be processed by the City Clerk in the same
manner as provided in Section 19.136.020 and 19.136.030
of this chapter. The time for appeal under this section is
fourteen calendaz days from the mailing of the notice of
decision of the Planning Commission. (Ord. 1630, (part),
1993; Ord. 1601, Exh. A. (part), 1992)
2008 S-17 159
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, gazages,
(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)
pazking 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, gg)
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•~) 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 pazking limitations on certain streets
§§ 2.80.050 and 2.92.050, (11.24)
meetings-quorum (2.60, 2.68, 2.80, 1992 Establishes regulations regazding 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 pazking 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 Tone street
(11.24) (11.24)
2008 S-15
Cupertino -Comprehensive Ordinance List
Ord. No.
2003 Amends Ch. 14.18 regarding the
protection of trees (14.18)
2005 Amends § 14.08.010 relating to the
defmition of City Manager and adds
§ 14.08.035 relating to permit notice
requirements (14.08)
2006 Amends § 11.24.150) prohibiting
parking on Hoo Hoo Way (11.24)
2007 Rezones certain land (Not codified)
2008 Amending § 2.08.096 regarding the
filing deadline for a petition for
reconsideration (2.08)
2009 Adding Chapter 2.17 relating to City
Council/City Staff relationships (2.17)
2010 Amending § 2.74.010 modifying the
composition of the Technology,
Information and Communications
Commission. (2.74)
2011 Amending § 19.28.050 regarding R1-
20 zoned properties (Not codified)
2012 Describing a program to acquire real
property by eminent domain in the
Vallco Redevelopment Project (Not
codified)
2014 Amending § 13.04.150 regarding
vehicle requirements (13.04)
2015 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)
2016 Amending the California Electric
Code. Amending § 16.16.010 and
repealing 16.16.080 - 16.16.110 and
16.16.140. (16.16)
2017 Amending the 2007 California
Plumbing Code. Amending
§§ 16.20.010- 16.20.030,16.20.080
and 16.20.090 (16.20)
2018 Amending the 2007 California
Mechanical Code. Amends
§§ 16.24.010 - 16.24.030 (16.24)
2019 Adopting the 1997 Uniform Code for
the Abatement of Dangerous Buildings
Codes (16.70)
2020 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)
2008 S-17
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
l:ndex
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 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
Definitions 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
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Definitions 3.22.020
24
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
2008 S-16
CUPERTINO, CALIFORNIA
Instruction Sheet
2008 S-17 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page
Title Page
TITLE 2: ADMINISTR~!.TION AND PERSONNEL
9, 10 9, 10
TITLE 9: HEALTI[ AND SANITATION
47, 48 47, 48
TITLE 11: VEHICLES AND TRAFFIC
13, 14 13, 14
TITLE 19: ZONING
159, 160 159, 160
Comprehensive: Ordinance List
37, 38 37, 38
INDEX
23, 24 23, 24
JBS 7/2008
CITY OF CUPERZ'INO, CALIFORNIA
MUNICI~'AL CODE
2008 S-17 Sup~~lement contains:
Local legislation current throu€;h Ordinance 2027, passed 5-6-08
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, C-hio 45202-3909 (800) 445-5588
2.08.010
CHAPTER 2.08: CITY COUNCIL--RULES AND CONDUCT OF MEETINGS*
Section
2.08.010 Adoption of rules.
2.08.030 Petition-Defined.
2.08.040 Petition-Hearing notice.
2.08.070 Petition-Exception.
2.08.080 Method of presenting matters to Council.
2.08.090 Order of business.
2.08.095 Reconsideration.
2.08.096 Reconsideration-Sought by interested
person.
2.08.100 Written communications.
2.08.105 Oral communications.
2.08.110 Reports of officers and official bodies.
2.08.130 Discussion procedure.
2.08.135 Designation of signatory for official
documents.
2.08.140 Violation-Penalty.
* For statutory provisions authorizing the City
Council to establish rules for the conduct of its
proceedings, see Gov. Code § 36813.
2.08.010 Adoption of Rules.
The City Council may adopt from time to time such
rules of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall become
effective upon a majority vote of the Council and shall be
kept on file with the City Clerk and a copy thereof shall be
exhibited to any person upon request. (Ord. 6, § 1, 1955)
2.08.030 Petition-Defined.
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communication
signed with multiple signatures and which is delivered to the
City Clerk for the attention of the City Council. Such
petitions so received will be processed in the same manner
as written communications. (Ord. 673, (part), 1975; Ord.
49, § 1, 1958)
2.08.040 Petition-Hearing Notice.
The City Council after having received a petition may,
at its discretion, set a time for the holding of a public
hearing thereon. Unless otherwise provided by law or any
other ordinances of this City, there shall be no prescribed
minimum or maximum interim period between the setting of
said time and the holding of such public hearing. (Ord. 673,
(part), 1975; Ord. 49, § 2, 1958)
2.08.070 Petition-Exception.
Sections 2.08.030 through 2.08.070 shall not apply to
any petition in which there is a prescribed method of
publication or notice pursuant to law or any other ordinances
of this City. (Ord. 49, § 5, 1958)
2.08.080 Method of Presenting Matters to Council.
A. Every official, board, commission or other body,
connected with the City government, and every citizen,
individual, corporation, committee or civic group, having
any reports, communications or other matters to be
presented at a City Council meeting, shall be referred to the
City Clerk in writing before nine a. m. of the sixth day
(Sunday included) preceding the day of such meeting for it
to be given consideration as an item of agenda business.
B. The City Clerk shall prepare an agenda setting
forth such matters and the nature thereof under their
appropriate headings, and setting forth all other matters to
come before such meeting under their appropriate headings,
all under the headings in order specified in Section
2.08.090. The City Clerk shall, preceding such meetings,
cause one copy thereof to be delivered to each member of
the City Council and shall make such other copies available
for public review as is consistent with State law. (Ord.
1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord.
673, (part), 1975; Ord. 389, § 3.4, 1968)
2.08.090 Order of Business.
A. The City Council of the city ordains that the order
of business at each regular meeting of the City Council shall
be as follows:
1. Pledge of allegiance;
2. Roll call;
3. Ceremonial matters-presentations;
4. Postponements;
5. Written communications;
6. Oral communications;
7. Consent calendar;
8. Items removed from the consent calendar;
9. Public hearings;
9
2.08.090 Cupertino -Administration and Personnel 10
10. Unfmished business;
11. New business;
12. Ordinances;
13. Staff reports;
14. Council reports;
15. Closed session;
16. Adjournment.
B. The order of business to be taken up at an
adjourned meeting shall be that as deemed by the Mayor and
the City Council to be proper.
C. The foregoing order of business may, at any
regular meeting on motion duly made and carried, be
changed or suspended for the period of such meeting.
D. The City Council may, in its discretion, establish
time limitations for the presentation or discussion of any
item of business; and, may establish a time after which no
agenda item of business will be taken up in which case the
motion for adjournment will contain the date and time for
the completion of agenda business. (Ord. 1697, (part),
1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986;
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord.
1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975;
Ord. 389, § 3.5, 1968)
2.08.095 Reconsideration.
A. The Council may, at any time before adjournment
of any council meeting, determine to reconsider an item of
business previously acted upon at that council meeting. A
motion to reconsider may only be made by a councilmember
who was a member of the prevailing majority voting on the
item. A motion to reconsider may be seconded by any
councilmember.
B. If a motion for reconsideration prevails, the
Council is then free to reconsider the item either at the same
council meeting or at any other council meeting established
by the Council; provided, however, that the Council shall
not reconsider an item at the same council meeting, in the
following instances:
1. Any action involving a public hearing which has
been closed;
2. Any action, including appeals, regarding a zoning
matter, use permit, subdivision map approval, variance,
architectural and site approval or sign exception;
3. Any action involving the granting, modification
or revocation of any permit issued by the City;
4. Any action which is quasi judicial in nature.
C. In such cases, the Council shall reconsider the
item at another council meeting date established by the
Council and shall direct the City Clerk to provide
notification to the relevant parties or the general public, as
the case may be. (Ord. 1697, (part), 1995; Ord. 1378, § 1,
1986)
2008 S-17
2.08.096 Reconsideration-Sought by Interested Person.
A. The City Clerk shall forthwith mail all notices of
decision after the decision of the City Council. Any
interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a
petition for reconsideration with the City Clerk within ten
days of the date of the mailing of the notice of decision.
Failure to file a petition for reconsideration constitutes a
waiver of the right to request reconsideration and the City
Council's decision shall be fmal for all purposes. Upon
timely receipt of a petition for reconsideration, the City
Clerk shall schedule a reconsideration hearing to be
commenced by the City Council no later than sixty days
after the filing of the petition. Mailed notices of the date,
time and place of such hearing will be provided to all
interested persons at least ten days prior to the hearing. At
the conclusion of the hearing for reconsideration, the City
Council may affirm, reverse, or modify its original decision,
and may adopt additional fmdings of fact based upon the
evidence submitted in any and all city hearings concerning
the matter.
B. A petition for reconsideration shall specify, in
detail, each and every ground for reconsideration. Failure
of a petition to specify any particular ground or grounds for
reconsideration, precludes that particular omitted ground or
grounds from being raised or litigated in a subsequent
judicial proceeding.
The grounds for reconsideration are limited to the
following:
1. An offer of new relevant evidence which, in the
exercise of reasonable diligence, could not have been
produced at any earlier city hearing.
2. An offer of relevant evidence which was
improperly excluded at any prior city hearing.
3. Proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, jurisdiction.
4. Proof of facts which demonstrate that the City
Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City
Council abused its discretion by:
a. Not preceding in a manner required by law;
and/or
b. Rendering a decision which was not supported by
fmdings of fact; and/or
c. Rendering a decision in which the fmdings of fact
were not supported by the evidence.
C. A petition for reconsideration is subject to a
reconsideration fee as prescribed by resolution of the City
Council. At the conclusion of the reconsideration hearing,
the City Council may, in its sole discretion, refund all, or a
portion, of the reconsideration fee. (Ord. 2027 § 1, 2008;
Ord. 2008, 2007; Ord. 1807, § 1, 1999)
9.22.010
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 Penalties.
9.22.050 Enforcement of other laws unaffected.
9.22.060 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health,
safety and welfare of the people of the City of Cupertino,
and to protect the City's neighborhoods against blighting and
deteriorating influences or conditions that contribute to the
downgrading of neighborhood aesthetics and property values
by establishing minimum standards, in addition to standards
contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant
land. (Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.020 Unlawful Acts.
Except for any property which has been approved by
the City for such use, no owner, agent or lessee or other
person occupying or having control of any real property
(including City property) within the City shall maintain or
allow to be maintained any of the following conditions in
any front, side or back yard areas visible from a public
street or sidewalk:
A. The storage of any refrigerator, washing
machine, sink, stove, heater, boiler, tank, or any other
household appliance, equipment, machinery or furniture
other than that designed and used for outdoor activities or
any part of any listed item for a period in excess of seventy-
two consecutive hours;
B. An accumulation of glass, paper, metal, plastic or
other recyclables;
C. Dead, decayed or diseased trees, weeds or other
vegetation likely to cause a fire or health hazard, an
infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts,
scrap material, waste paper, boxes and cartons, packing
materials, combustible trash, tires or vehicle parts;
E. A tree stump (or stumps) with a trunk diameter
greater than six inches and a height of greater than 2.5 feet.
As used herein "tree stump" means the base part of a tree or
the trunk protruding above ground in which 90% or more of
the foliage or canopy of the tree has been removed.
Excepted from this prohibition are trees which are pollarded
in accordance with the American National Standards
Institute (ANSI) A300-2001 standards. This prohibition
applies to stumps of all trees in the City including those
described in Chapters 14.12 (Street Trees) and in Chapter
14.18 (Protected Trees).
F. The maintenance of any structure in a state of
substantial deterioration, such as peeling paint on a facade,
broken windows, damaged porches, broken steps, roofs in
disrepair and other such deterioration or disrepair not
otherwise constituting a violation, where such condition
would have a tendency to depreciate the aesthetic and
property values of surrounding properties;
G. A lack of adequate landscaping or groundcover
sufficient to prevent blowing dust and erosion;
H. Except for construction purposes on a continuous
basis for a period not to exceed six months any storage of
sand, dirt, gravel, concrete or any similar materials liable to
constitute an attractive nuisance hazardous to small children;
I. Except for construction purposes on a continuous
basis for a period not to exceed six months any storage of
lumber, salvage materials, building materials or fixtures.
(Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.030 Exemptions.
The provisions of this chapter shall not apply in the
following circumstances where:
1. Building materials and equipment are stored
during the period of time continuous construction is
occurring on the property;
2. The property owner, agent or lessee has a valid
permit from the city, state or federal government to maintain
the condition. (Ord. 2025, (part), 2008; Ord. 1793, (part),
1998)
9.22.040 Penalties.
Any person who violates the provisions of this chapter
shall upon conviction by guilty of an infraction punishable
in accordance with the provisions of Chapter 1.12. (Ord.
2025, (part), 2008; Ord. 1793, (part), 1998)
2008 S-17 4'7
9.22.050 Cupertino -Health and Sanitation 4g
9.22.050 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or
authorized law enforcement officers to prosecute violators
of any statute of the State of California or other ordinances
of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement. (Ord.
2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.060 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating
to substandard housing within six months or the time
prescribed in a written notice of violation, whichever is
later, the City Manager or his designee may submit a notice
of noncompliance to the Franchise Tax Board to prohibit
individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization
with respect to the substandard housing pursuant to the
provisions of Sections 17274 and 24436.5, as applicable, of
the California Revenue and Taxation Code. (Ord. 2025,
(part), 2008; Ord. 1793, (part), 1998)
2008 S-17
13 Bicycles 11.08.250
Mariam Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miler Avenue to Narciso Court Both
Rainbow Drive
(Saratoga-Sunnyvale
Road) Stelling Road to DeAnza Boulevard Both
Stevens Creek
Boulevard East City Limit to the West City
Limit god
De Anza Boulevard Homestead Road to State Route 85 Both
South Stelling Road Homestead Road to Prospect Road Both
Prospect Road Stelling Road to De Anza Bouievard Both
Miller Avenue Calle De Barcelona To Bollinger
Road Bow
Wolfe Road Homestead Road to Stevens
Creek Boulevard Both
Foothill Boulevard Interstate Route 280 to McClellan Road Both
(Ord. 1873, 2001; Ord. 1870, 2001; Ord. 1856, 2000; Ord.
1848, 2000; Ord. 1766, 1997; Ord. 1759, 1997; Ord. 1745
1996; Ord. 1740, 1996; Ord. 1731 (part), 1996; Ord. 1544
1991; Ord. 1517, 1990; Ord. 1420 (part), 1987)
11.08.260 Bicycle Route-Designated.
The City Manager, upon approval of the City Council,
is authorized to erect or place signs upon any street in the
City indicating the existence of a bicycle route, and
otherwise regulating the location and use of vehicles and
bicycles with respect to them, so long as the same are
consistent with this chapter. Before such a sign is erected,
the subject bicycle route shall be designated on such streets
by an approved sign, or in such other manner as the City
Manager determines will provide sufficient notice of the
existence of such bicycle route.
Tantau Avenue Stevens Creek Boulevard to Both
Barnhart Avenue
Barnhart Avenue Tantau Avenue to Sterling Both
Boulevard
Miller Avenue Calle De Barcelona to Stevens Both
Creek Boulevard
(Ord. 1872, 2001; Ord. 1864, 2000; Ord. 1739, 1996; Ord.
1731 (part), 1996; Ord. 1420 (pazt), 1987)
11.08.270 Prohibition of Skateboarding and Roller
Skating.
It is unlawful and subject to punishment in accordance
with Section 11.08.280 of this chapter, for any person
utilizing or riding upon any skateboard, roller skates or any
similaz device to ride or move about in or on any public
property when the same property has been designated by the
City Council and posted as a "No Skateboazding or Roller
Skating Area. " The following aze established as a no
skateboarding or roller skating azeas:
Civil Center Plaza (City Hall/Library).
Veteran's Memorial (in Memorial Pazk). (Ord. 2026,
2008; Ord. 1916, (part), 2003; Ord. 1898, 2002; Ord.
1767, (part), 1997)
11.08.280 Penalty.
Any person who violates any provision of this chapter
shall be guilty of an infraction, and, upon conviction
thereof, shall be punished as provided in Chapter 1.12,
except that no fine imposed for violation of any licensing
and registration provisions of this chapter shall exceed ten
dollazs. (Ord. 1886, (part), 2001; Ord. 1767, (part), 1997;
Ord. 1420, (part), 1987)
DESIGNATION OF BICYCLE ROUTE
Street Description Side
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Stevens
Creek Boulevard Bot-t
Portal Avenue Merritt Drive to Price Avenue Both
Lubec Street Mary Avenue to Anson Way Both
Anson Way to Milford Drive Both
Milford Drive to Castine Avenue Both
Castine Avenue to Greenleaf Drive Both
Greenleaf Drive to Beardon Drive Both
Beardon Drive to Valley Green Drive Both
Valley Green Drive to Bandley Drive Both
Merritt Drive Mariam Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Terry Way Both
Terry Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Avenue Both
McClellan Road Foothill Boulevard to Byrne Avenue Both
Erin Way Stelling Road to Kirwin Lane Both
Kirwin Lane to Kim Street Both
2008 5-17
19.136.010
CHAPTER 19.136: APPEALS
Section
19.136.010 Appeal from the determinations of
the Director.
19.136.020 Filing procedure.
19.136.030 Hearing and notification.
19.136.040 Action by the Commission.
19.136.050 Action by the City Council.
19.136.060 Appeal from actions of
Commissions.
19.136.010 Appeal from the Determinations of the
Director.
An appeal may be taken to the Planning Commission
by any person, firm or corporation aggrieved or affected by
any grant, denial, modification or revocation of any permit,
vaziance or exception, or any determination or interpretation
of or by the Director of Community Development related to
any provision of this title. (Ord. 1601, Exh. A (part), 1992)
19.136.020 Filing Procedure.
A. An appeal shall be in writing on forms prescribed
by the City and shall be filed during regular office hours
with the City Clerk within fourteen calendar days after the
mailing of notice of the City decision or determination of the
Director under this title. An appeal not filed within such
time shall be bazred. The appeal shall state the grounds
thereof.
B. Appeals under this chapter are subject to an
appeal fee as prescribed by resolution of the City Council.
At the conclusion of the appeal hearing, the City Council
may, in it sole discretion, refund all, or a portion of, the
appeal fee. (Ord. 2027 § 2, 2008; Ord. 1601, Exh. A (part),
1992)
19.136.030 Hearing and Notification.
Upon notification and receipt of the appeal, a date for
public hearing before the Planning Commission shall be set,
which will be held within ninety days from the date of the
filing of the appeal. Notice of heazing shall be given in the
same manner as provided in Section 19.120.060 for notice
of hearing by the Director of Community Development.
(Ord. 1601, Exh. A (part), 1992)
19.136.040 Action by the Commission.
Upon the date set for heazing, the Planning
Commission shall conduct a public hearing thereon, unless,
for cause, the Commission on that date continues the matter.
Upon conclusion of the heazing on the appeal, the
Commission shall make fmdings and recommend to the City
Council that the decision of the Director be affirmed,
changed or modified, or, in lieu thereof, make such other or
additional recommendations as it deems proper and shall
submit the determination in the form of a recommendation
to the City Council. (Ord. 1601, Exh. A (paz[), 1992)
19.136.050 Action by the City Council.
Upon receipt of the recommendation of the Planning
Commission, the City Council shall consider the appeal with
thirty days of receipt of the recommendation by the City
Clerk. The City Council shall conduct a public heazing on
the matter. In conformity with the provisions of this title,
the Council may affirm or reverse, wholly or partly, or may
modify any decision, determination, or requirement
recommended by the Planning Commission, and may make
such decision or may impose such conditions as the facts
wazrant with respect to the appeal and the decision or
determination of the Council shall be fmal. Any permit or
variance by the Council on appeal shall be effective
immediately. Notice of the Council's decision shall be
mailed to the original applicant, to the person filing the
appeal, and to any other person who has filed a written
request therefor with the City Clerk. (Ord. 1601, Exh. A
(part), 1992)
19.136.060 Appeal from actions of Commissions.
An appeal may be taken to the City Council by any
person, firm or corporation aggrieved or affected by any
fmal determination or decision of the Planning Commission
under the provisions of this title. An appeal taken under this
section shall be processed by the City Clerk in the same
manner as provided in Section 19.136.020 and 19.136.030
of this chapter. The time for appeal under this section is
fourteen calendar days from the mailing of the notice of
decision of the Planning Commission. (Ord. 1630, (pazt),
1993; Ord. 1601, Exh. A. (part), 1992)
2008 S-17 159
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, gazages,
(9.08) neighborhood meetings, and public
1946 Rezones certain land (Not codified) heazings 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)
pazking 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•~) 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 pazking
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 pazking limitations on certain streets
§§ 2.80.050 and 2.92.050, (11.24)
meetings-quorum (2.60, 2.68, 2.80, 1992 Establishes regulations regazding 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 pazking 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
Cupertino -Comprehensive Ordinance List
Ord. No.
2003 Amends Ch. 14.18 regarding the
protection of trees (14.18)
2005 Amends § 14.08.010 relating to the
definition of City Manager and adds
§ 14.08.035 relating to permit notice
requirements (14.08)
2006 Amends § 11.24.150) prohibiting
parking on Hoo Hoo Way (11.24)
2007 Rezones certain land (Not codified)
2008 Amending § 2.08.096 regarding the
filing deadline for a petition for
reconsideration (2.08)
2009 Adding Chapter 2.17 relating to City
Council/City Staff relationships (2.17)
2010 Amending § 2.74.010 modifying the
composition of the Technology,
Information and Communications
Commission. (2.74)
2011 Amending § 19.28.050 regarding R1-
20 zoned properties (Not codified)
2012 Describing a program to acquire real
property by eminent domain in the
Vallco Redevelopment Project (Not
codified)
2014 Amending § 13.04.150 regarding
vehicle requirements (13.04)
2015 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)
2016 Amending the California Electric
Code. Amending § 16.16.010 and
repealing 16.16.080 - 16.16.110 and
16.16.140. (16.16)
2017 Amending the 2007 California
Plumbing Code. Amending
§ § 16.20.010 - 16.20.030, 16.20.080
and 16.20.090 (16.20)
2018 Amending the 2007 California
Mechanical Code. Amends
§§ 16.24.010 - 16.24.030 (16.24)
2019 Adopting the 1997 Uniform Code for
the Abatement of Dangerous Buildings
Codes (16.70)
2020 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)
2008 S-17
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 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
Definitions 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
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Defmitions 3.22.020
24
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
2008 S-16