2008 S-15CITY OF CUPERT'INO, CALIFORNIA
MUNICIPAL CODE
2008 S-15 Supplement contains:
Local legislation current througri Ordinance 2021, passed 12-18-07
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
CUPERTINO, CALIFORNIA
Instruction Sheet
2008 S-l:i Supplement
REMOVE OLD PAGES
Title Page
INSERT NEW PAGES
Title Page
TITLE 11: VEHI(~LES AND TRAFFIC
49, 50 49, 50
TITLE 16: BUILDINGS AND CONSTRUCTION
1 through 14 1 through 8
31 through 38 31 through 38
55 through 74 55 through 74F
- - 97, 98
TITLE 19: ZONING
29 through 30B 29 through 30B
Comprehensi~re Ordinance List
31 through 38 31 through 38
IrdDEX
5 through 14 5 through 14
35, 36 35, 36
JBS 2/2008
49 Permit Parking Zone 11.27.145
Street
Fairwoods Court
Fenway Court
Fort Baker Drive
Hyannisport Drive
Imperial Avenue
Lily Avenue
Lily Court
McClellan Road
Merritt Drive
New Haven Drive
Noonan Court
Old Town Court
Orange Avenue
Orange Avenue
Orange Tree Lane
Peppertree Lane
Peppernee Lane
Phar Lap Drive
Presidio Drive
Presidio Drive
Presidio Drive
Rose Blossom
Santa Lucia Road
Scofield Drive
September Court
2008 5-15
Limits Special Hours
South Stelling Road Daily
to end
All Daily 7:00 a.m.-
-10:00 p.m.
Presidio to M--F 8:00 a.m.-
Hyannisport -3:30 p.m.
Fon Baker to Linda M--F 7:00 a.m.-
Vista Drive -4:00 p.m. while
school is in session
Alcazar Avenue to M--F 8:00 a.m.-
McClellan Road -3:30 p.m. while
school is in session
All M--F 8:00 a.m.-
-7:30 p.m.
All M--F 8:00 a.m.-
-7:30 p.m.
East side, 430 feet M--F 7:00 a.m.-
west of Byrne -4:00 p.m.
Avenue to Madrid
Road
Blaney to east of Sun 7:00 a.m.-
Baywood Court 100 -12:00 p.m.
feet
All M--F 8:00 a.m.-
-3:30 p.m.
All M--F 8:00 a.m.-
-4:00 p.m.
All M--F 8:00 a.m.-
-3:30 p.m.
East side McClellan M--F 8:00 a.m.-
to Noonan Court x:00 p.m.
West side M--F 8:00 a.m.-
McClellan to x:00 p.m.
Dolores
Cedar Tree Lane Sun 7:00 a.m.-
south 175 feet -12:00 p.m.
All M--F 8:00 a.m.-
-7:30 p.m.
Stelling Road to Sat 8:00 a.m.--4:00
p.m.
Stevens Creek Blvd. F-Su 6:00 p.m.-
to Cleazcreek Court -2:00 a.m.
Fort Baker to New M--F 8:00 a.m.-
Haven -3:30 p.m.
Providence Court to M--F 8:00 a.m.-
New Haven Court -3:30 p.m.
100 feet east of M--F 8:00 a.m.-
New Haven Court -3:30 p.m.
to 100 feet west of
New Haven Court
McClellan to Lily M--F 8:00 a.m.-
Way -7:30 p.m.
Stevens Canyon to Daily
Merriman Road
Barbara to Western M--F 8:00 a.m.-
-7:30 p.m.
All M--F 9:00 a.m.-
-5:00 p.m.
Street Limits Special Hours
September Drive McClellan to 200 M--F 9:00 a.m.-
feet south of -5:00 p.m.
August Lane
Shattuck Drive All M--F 8:00 a.m. -
3:30 p. m. when
school is in session
Shelly Drive Bonny to Westacres M--F 8:00 a.m.-
-7:30 p.m.
Stelling Road McClellan to Erin Daily
Stevens Canyon West side Santa Daily
Road Lucia north 200 feet
Tula Court All First Saturday of
each month 8:00
a.m.--12:00 p.m.
Tula Lane All First Saturday of
each month 8:00
a.m.--12:00 p.m.
Wilkinson Ave Hyannisport to M--F 8:00 a.m.-
Columbus -3:30 p.m.
(Res. 99-154, 1999; Ord. 1731, (part), 1996; Ord. 1989,
2006)
11.27.150 Penalty Provisions.
A. It is unlawful and a violation of this chapter for a
person to falsely represent himself as eligible for a pazking
permit or to furnish false information in an application
therefor to the Director of Public Works.
B. It is unlawful and a violation of this chapter for a
person holding a valid parking permit issued pursuant hereto
to knowingly permit the use or display of such permit on a
motor vehicle other than that for which the permit is issued.
Such conduct shall constitute an unlawful act and violation
of this chapter both by the person holding the valid pazking
permit and the person who so uses or displays the permit on
a motor vehicle other than that for which it is issued.
C. It is unlawful and a violation of this chapter for a
person to copy, produce or otherwise bring into existence a
facsimile or counterfeit pazking permit or permits without
written authorization from the Director of Public Works. It
shall further be unlawfial and a violation of this chapter for
a person to knowingly use or display a facsimile or
counterfeit parking permit in order to evade limitations on
parking applicable in a permit parking zone.
D. Any person who violates any of the provisions of
this chapter shall be guilty of an infraction, and upon
conviction thereof, be punished as provided in Chapter 1.12.
(Ord. 1197, (part), 1982)
TITLE 16: BUILDINGS AND CONSTRUCTION
Chapter
16.04 Building Code Adopted
16.08 Excavations, Grading and Retaining Walls
16.12 Soils Report
16.16 Electrical (;ode Adopted
16.20 Plumbing (:ode Adopted
16.24 Mechanicall Code Adopted
16.28 Fences
16.32 Swimming Pools
16.36 Moving Buildings
16.40 Fire Code
16.42 Regulation of Facilities Where Materials Which Are or May Become
Toxic Gase;~ Are Found
16.52 Prevention of Flood Damage
16.56 Uniform H~~using Code Adopted
16.60 Building Conservation Code Adopted
16.70 Uniform Cc-de for the Abatement of Dangerous Buildings Code Adopted
2008 S-15
16.04.020
CHAPTER 16.04: BUILDING CODE ADOPTED*
Section
16.04.010 Adoption of California Building Code.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.080 Roof covering classification.
16.04.110 Amending Sections 1614, 1614.1, and
1614.3.
16.04.130 Other inspection fees-Table 1-A.
16.04.160 Penalty.
16.04.170 Amending Sections 1614, 1614.1 and
1614.1.7.
16.04.180 Amending Section 1908.1 and adding
Section 1908.1.17.
16.04.230 Vertical combinations-Amendment.
16.04.340 Conventional construction provisions
(Bracing) -Amendment.
For statutory provisions regazding the authority
of cities to regulate the building, construction and
removal of buildings within the city, see Gov.
Code § 38601; for other provisions concerning
the authority of cities in regulating buildings and
construction, see Gov. Code § 38660; for the
provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq.
16.04.010 Adoption of California Building Code.
The Building Code for the city shall be the 2007
Edition of the California Building Code, Volumes land 2
inclusive and Appendices which follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 2007 UBC
are adopted:
A. C - U Buildings;
B. D -Fire Districts;
C. Amend D102.2.5 Roof Covering;
D. F -Rodent Proofing;
E. G -Flood-Resistant Construction;
F. I -Patio Covers;
G. 2007 California Historical Building Code;
H. 2007 California Existing Building Code; (Ord.
2021, (part), 2007; Ord. 1907, (part), 2002; Ord. 1824,
(part), 1999; Ord. 1706, Exh. A (part), 1995)
16.04.020 Organization and Enforcement.
Section 112 of the 2007 California Building Code is
amended to read as follows:
Section 112 -Board of Appeals: In order to
determine the suitability of alternate materials and methods
of construction and to provide for reasonable interpretations
of the provisions of this code, there shall be and is hereby
created a Board of Appeals consisting of five members who
are qualified by experience and training to pass upon matters
pertaining to building construction installations and
materials. The Building Official shall be an ex officio
member and shall act as Secretary of the Board. The Board
of Appeals shall be appointed by the Mayor, subject to the
approval of the City Council, and shall hold office at his
pleasure. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall render
all decisions and fmdings in writing to the Building Official,
with a duplicate copy to the appellant, and may recommend
to the City Council such new legislation as is consistent
therewith. The same personnel of the Board of Appeals
appointed under this code may act as the Board of Appeals
under the other building construction uniform codes. In the
event, as Appeals Board is not appointed by the legislative
body, the Council shall serve as said Appeals Board.
(Ord. 2021, (part), 2007; Ord. 1706, Exh. A (part), 1995)
16.04.030 Permits and Inspections.
Section 109.3.8 of the 2007 California Building Code
is amended to read as follows:
Section 109.3.8 -Other Inspections: In addition
to the called inspections specified above, the Building
Official may make or require any other inspections of any
construction work to ascertain compliance with the
provisions of this code and other laws which are enforced by
the Building Department. For the purpose of determining
2008 S-15
16.04.030 Cupertino -Buildings and Construction 4
compliance, the Building Official may cause any structure
to be reinspected. If any inspection is made at the request
of any individual, property owner or lending institution, a
fee equal to the cost of making such inspection shall be
charged as set forth in the latest resolution adopted by the
city.
(Ord. 2021, .(part), 2007; Ord. 1706, Exh. A (part), 1995)
16.04.050 Address Posting.
No Certificate of Occupancy or fmal building approval
for new construction or alterations shall be granted until the
building or residence has a street address number posted on
the building in a visible location. The size of the numbers
shall be a minimum of five inches high for commercial or
industrial buildings. Residences designated R3 shall have
number sizes of three inches minimum. Rl and Planned
Unit Developments shall submit a numbering schedule for
approval by the Building Department and the Fire
Department. All commercial buildings having a single
address assigned with multi-suite arrangements shall have
the suite-numbering system approved or assigned by the
Building Department with an approved copy to the Fire
Department for emergency use. (Ord. 1706, Exh. A (part),
1995)
16.04.060 Installation of Spark Arresters.
In new construction or when alterations, repairs or
additions requiring a permit and having a valuation in excess
of one thousand dollazs occur, all new and existing fireplace
chimneys shall terminate in a substantially constructed spark
arrester, having a mesh not exceeding one-half inch. (Ord.
1706, Exh. A (part), 1995)
The 2007 California Building Code, Section 1501.1
Exception is deleted.
Precipitation, relative humidity, temperature and wind.
These local climatic conditions affect the acceleration,
intensity and size of fire hazard of a community.
Times of little or no rainfall, of low humidity, high
temperatures and the winds experienced in this area
can have a tremendous impact upon structure fires
especially when buildings are close proximity to one
another.
Geographic and Topographic:
Seismic location. Seismically, the city has the San
Andreas and Sargent-Berocal faults rnnning through
the lower foothills and the Monta Vista fault system
closer to the valley floor area. The Haywazd fault is
just northeast of the city which would have a major
effect upon the city if it were to rupture. Adding to
this threat is the number of vehicles driven in the city
is steadily increasing with commuters driving to and
through the city either to their homes, shopping and/or
places of employment. With so many vehicles on the
road at any given time during the day can play a major
role on the response time of emergency services thus
greatly increasing the risk to property and life.
Local climatic, geographic and topographic conditions
impact potential damage to all structures from
earthquake and subsequent fire.
(Ord. 2021, (part), 2007; Ord. 1742, (part), 1996)
16.04.080 Roof Covering Classification.
Section 1505 of the 2007 California Building Code is 16.04.110 Amending Sections 1614, 1614.1, and
amended to read: 1614.3.
Roof coverings on all buildings and structures
hereafter erected or constructed in the City, shall be
fire-retardant, and shall comply with the standards
established for Class A roofmg. All recovering or
replacement roofs for existing buildings and structures
shall comply the 2007 California Building Code
Section 1510 and shall be fire-retardant, and comply
with the standards established for Class A roofmg.
Section 1614, 1614.1 and 1614.1.3 aze added to
Chapter 16 of the 2007 California Building Code to read as
follows:
SECTION 1614
MODIFICATION TO ASCE 7.
1614.1 General. The text of ASCE 7 shall be modified
as indicated in this Section.
Except that a replacement or recovering of less than 10
percent of the total roof azea shall be exempt. This 1614..1.3 ASCE 7, Section 12.8.1.1. Modify ASCE 7
exception will not apply if recovering or replacement Section 12.8.1.1 by amending
of 10 percent or more of the existing roof is done in Equation 12.8-5 as follows:
any three consecutive yeaz period.
Cs =0.044 SDS I z 0.01 (Eq. 12.8-5)
2008 S-15
Building Lode Adopted
REASONS FOR AMENDMENT/ INTERPRETATION/
CLARIFICATION:
Results from the 75 % Draft of ATC-63, Quantification
of Building System Performance and Response Parameters,
indicate that tall buildings may fail at an unacceptably too
low of a seismic level unless the minimum base shear level
is increased to the value used in ASCE 7-02. Thus it is
recommended that the adoption of the minimum base shear
is appropriate due to the recent reseazch in PEER and the
ATC 63 project. The conclusion suggested that the reduction
of the base shear in the previous code led to a trend in which
tall buildings had decreasing safety with increasing height.
To minimise the potential increased fire-life safety
associated with such a seismic failure of tall buildings, this
proposed modification increases the minimum base shear
level to be consistent with previous edition of the building
codes. The propose amendment to the current ASCE 7 is
very well supported by the engineering community. Both
SEAOSC and other structural engineer organizations from
the state level are in support of adopting the revised
minimum base shear.
FINDINGS:
Local Geological Conditions -The Bay Area region is
a densely populated azea having buildings constructed over
and near a vast array of fault systems capable of producing
major earthquakes, including but not limited to the recent
1989 Loma Prieta Earthquake. Due to the lazge numbers of
tall buildings in this region as well as the increased fire-life
safety associated with such a seismic failure, the proposed
modification to have a higher minimum base sheaz consistent
with previous edition of the building codes need to be
incorporated into the code to assure that new buildings and
additions to existing buildings are designed and constructed
in accordance with the scope and objectives of the
International Building Code.
(Ord. 2021, (part), 2007)
16.04.130 Other Inspection Fees-Table 1-A.
A fee shall be paid to the city as set forth in the latest
resolution adopted by the city. (Ord. 1742, (part), 1996;
Ord. 1706, Exh. A (part), 1995)
16.04.160 Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the provisions,
or fails to comply with any of the mandatory requirements
of this chapter, is guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in Chapter
1.12, except that nothing herein contained shall be deemed
16.04.110
to bar any legal, equitable or summary remedy to which the
city or other political subdivision or any person, firm,
corporation or partnership may be otherwise entitled, and
the city or any other political subdivision or person, firm,
corporation or partnership may file a suit in the Superior
Court of the County of Santa Clara to restrain or enjoin any
attempted or proposed subdivision, or acts, in violation of
this chapter. (Ord. 1886, (part), 2001; Ord. 1742, (part),
1996; Ord. 1706, Exh. A (part), 1995)
16.04.170 Amending Sections 1614, 1614.1 and
1614.1.7.
Section 1614, 1614.1 and 1614.1.7 is added to Chapter
16 of the 2007 California Building Code to read as follows:
SECTION 1614
MODIFICATION TO ASCE 7.
1614.1 General. The text of ASCE 7 shall be modified
as indicated in this Section.
1614.1.7 ASCE 7, Section 12.12.3. Replace ASCE 7
Section 12.12.3 as follows:
12.12.3 Minimum Building Separation. All
structures shall be sepazated from adjoining
structures. Sepazations shall allow for the
maximum inelastic response displacement (DM).
DM shall be determined at critical locations with
consideration for both translational and torsional
displacements of the structure as follows:
D M= C d S max (Equation 16-45)
where Smax is the calculated maximum displacement at
Level x as define in ASCE 7 Section 12.8.4.3.
Adjacent buildings on the same property shall be sepazated
by at least a distance OMT, where
~ MT = OM1 )2 + (~M2 )2 (Equation 16-46)
and ~M1 and ~M2 are the maximum inelastic response
displacements of the adjacent buildings.
Where a structure adjoins a property line not common
to a public way, the structure shall also be set back from the
property line by at least the displacement, 0M, of that
structure.
2008 S-15
16.04.170
Cupertino -Buildings and Construction
Exception: Smaller separations or property line
setbacks shall be permitted when justified by rational
analyses.
REASONS FOR .AMENDMENT/ INTERPRETATION/
CLARIFICATION:
Section 12.12.3 of ASCE 7-OS including Supplement
No. 1 does not provide requirements for separation distances
between adjacent buildings. Requirements for separation
distances between adjacent buildings, not structurally
connected, were included in previous editions of the IBC
and UBC. However, when ASCE 7-OS was adopted by
reference for IBC 2006, these requirements were omitted.
In addition, ASCE 7-OS defines (Sx) in Section 12.8.6 to
refer to the deflection of Level x at the center of mass. The
actual displacement that needs to be used for building
separation is the displacement at critical locations with
consideration of both the translational and torsional
displacements. These values can be significantly different.
This code change fills the gap of this inadvertent oversight
in establishing minimum separation distance between
adjoining buildings which are not structurally connected.
The purpose of seismic separation is to permit adjoining
buildings, or parts thereof, to respond to earthquake ground
motion independently and thus preclude possible structural
and non-structural damage caused by pounding between
buildings or other structures.
Reference:
1. IBC 2000 Section 1620.3.6, Building
Separations; IBC 2003 Section 1620.4.5,
Building Separations;
2. "Recommended Lateral Force Requirements and
Commentary, -Section C108.2.11, Building
Separations, "Structural Engineers Association of
California, Sacramento, CA, 1999 Edition;
3. CBC 2002 (UBC 1997) Section 1630.9.2,
Determination of OM; Section 1630.10.1,
General; and Section 1633.2.11, Building
Separations.
FINDINGS:
Local Geological Conditions -The greater Bay Area
region is a densely populated area having buildings
constructed over and near a vast array of fault systems
capable of producing major earthquakes, including but not
limited to the recent 1989 Loma Prieta Earthquake. The
seismic separation is necessary to permit adjoining
buildings, or parts thereof, to respond to earthquake ground
motion independently and preclude possible structural
damage due to pounding between buildings and other
structures. The need to incorporate this modification into the
code will help to assure that new buildings and additions to
existing buildings are designed and constructed in
accordance with the scope and objectives of the International
Building Code.
(Ord. 2021, (part), 2007)
16.04.180 Amending Section 1908.1 and adding
Section 1908.1.17.
Section 1908.1 is amended to read as shown below and
Section 1908.1.17 is added to Chapter 19 of the 2007
California Building Code to read as follows:
1908.1 General. The text of ACI 318 shall be modified
as indicated in Sections 1908.1.1 through 1908.1.17.
1908.1.17 ACI 318, Section 14.8. Modify ACI 318
Section 14.8.3 and 14.8.4 replacing equation (14-7), (14-8)
and (14-9).
1. Modify equation (14-7) of ACI 318 Section
14.8.3 as follows:
Ic, shall be calculated by Equation (14-7), and Me shall
be obtained by iteration of deflections.
E P h 2 1 c3 (14-7)
fy
and the value Es/Ec shall not be taken less than 6.
2. Modify ACI 318 Sec, 14.8.4 as follows:
14.8.4 -Maximum out-of--plane deflection, Os, due to
service loads, including PO effects, shall not exceed l~/150.
If Ma, maximum moment at mid-height of wall due to
service lateral and eccentric loads, including PD effects,
exceed (2/3) M~~, Os shall be calculated by Equation (14-8):
2 Mo-?M~.r 2
(14-8)
2008 S-15
7 Building Code Adopted 16.04.180
If Ma does not exceed (2/3) Mcr, Ds shall be calculated by
Equation (14-9):
_ Mo
where:
Ocr . SM~,I~Z
48E~Ig
REASONS FOR AMENDMENT/ INTERPRETATION/
CLARIFICATION:
Section 14.8 was introduced in ACI 318-99 based on
requirements of the Uniform Building Code and
experimental research and on the basis that design of slender
wall must satisfy both strength and serviceability
requirements. ACI 318-OS provision was found to grossly
underestimate service load deflection. This update reduces
the differences in serviceability provisions. The revision will
essentially replace equations (14-8) and (14-9) with two new
equations to reflect the UBC procedure for service load out-
of-pane deflection. The proposed revision will be included
in ACI 318-08.
FINDINGS:
Local Geological Conditions -The greater Bay Area
region is a densely populated area having buildings
constructed over and neaz a vast array of fault systems
capable of producing major earthquakes, including but not
limited to the recent 1989 Loma Prieta Earthquake. The
proposed modification to ensure that the design of slender
wall must satisfy both strength and serviceability
requirements need to be incorporated into the code to assure
that new buildings and additions to existing buildings are
designed and constructed in accordance with the scope and
objectives of the International Building Code.
(Ord. 2021, (part), 2007)
Section 16.04.230 Vertical Combinations-Amendment.
UBC Section 1630.4.2 is hereby amended to read as
follows:
(Geological n
1630.4.2 Vertical Combinations. The value of
R used in the design of any story shall be less than or equal
to the value of R used in the given direction for the story
above.
EXCEPTION: This requirement need not be
applied to a story where the dead weight above
the story is less than 10 percent of the total dead
weight of the structure.
Structures may be designed using the procedures of this
section under the following conditions:
1. The entire structure is designed using the lowest R of the
lateral-force-resisting systems used, or
2. The following two-stage static analysis procedures may
be used for structures conforming to Section 1629.8.3, Item
4:
2.1 The flexible upper portion shall be designed as a
sepazate structure, supported laterally by the rigid
lower portion, using the appropriate values of R and p.
2.2 The rigid lower portion shall be designed as a
sepazate structure using the appropriate values of R and
p. The reactions from the upper portion shall be those
determined from the analysis of the upper portion
multiplied by the ratio of the (R/p) of the upper portion
over (R/p) of the lower portion. This ratio shall not be
taken less than 1.0.
(Ord. 1907, Exh. A, 2002)
16.04.340 Conventional Construction Provisions
(Bracing)-Amendment.
Modify existing CBC Section 2308.9.3 to read as follows:
(Geological IT)
SECTION 2308.9.3 CONVENTIONAL CONSTRUCTION
PROVISIONS (BRACING)
2007 CBC Section 2308.9.3, Items 5 & 7 are amended as
follows. (New language is underlined).
Delete 2007 CBC Section 2309.9.3, Item 5 which allows the
use of gypsum board.
Amend 2007 CBC Section 2308.9.3, Item 7 as follows:
Portland cement plaster on studs spaced 16 inches on center
installed in accordance with Section 2510 is limited to one-
storv structures of R-3 and U occuvancies.
(Ord. 2021, (part), 2007; Ord. 1907, Exh. A, 2002)
[Text contimies on Page 15]
2008 S-15
16.16.010
CHAPTER 16.16: ELE(:TRICAL CODE ADOPTED*
Section
16.16.010 Adoption of 2007 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
16.16.020 Article 100 amended-Definitions.
16.16.025 Electrical work.
16.16.030 Electrical fee schedule.
16.16.040 Interpretation.
16.16.050 Electrical maintenance program.
16.16.070 Penalty.
16.16.120 Solaz photovoltaic systems-
Amendment.
16.16.130 Fuel cell systems-Amendment.
B. Journeyman Electrician: A journeyman
electrician is an electrician qualified by training and
experience to do electrical work in conjunction with new
construction and/or rework of existing systems.
C. Maintenance Electrician: A maintenance
electrician in an electrician qualified by training and
experience to do the recurring work required to keep a
facility in such condition that it may be utilized at its
designated capacity and efficiency, to do repair work or
replacement or overhaul of constituent parts or materials to
keep or restore a facility to a condition substantially
equivalent to its original or design capacity or efficiency.
(Ord. 1777, (part), 1998; Ord. 1707, Exh. A (part), 1995)
For statutory provisions authorizing cities to
regulate the materials used in wiring structures
for electricity and in piping them for electric
supply, and to regulate the manner of such
piping, see Gov. Code § 38660.
16.16.010 Adoption of 2007 California Electrical
Code and Uniform Administrative Code
Provisions (except Table 3-A).
The provisions of the 2007 California Electrical Code
and each and all of the regulations, provisions, conditions
and terms of the code (one copy of which has been filed for
use and examination by the public in the office of the
Building Department) is referred to as if fully set forth in
this chapter, and is by such reference adopted. (Ord. 2016,
(part), 2007; Ord. 1910, (part), 2002; Ord. 1825, 1999;
Ord. 1707, Exh. A (part), 1995)
16.16.020 Article 100 Amended-Definitions.
Article 100 as amended by adding thereto the
following:
A. Electrical Contractors: For the purpose of this
article, an Electrical Contractor shall be a person holding a
valid electrical contractor's license issued by the State of
California.
16.16.025 Electrical Work.
Electrical work shall be done only by:
a. Owner/occupant;
b. Electrical contractors who aze incompliance with
the state licensing laws and whose employees are under the
direct supervision of a qualified journeyman electrician;
c. General Building Contractor with current B-1
license in conjunction with building permit only;
d. Maintenance electrician. (Ord. 1777, (part),
1998)
16.16.030 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in
the latest resolution adopted by the city. (Ord. 1707, Exh.
A (part), 1995)
16.16.040 Interpretation.
A. The language used in this code, and the California
Electrical Code, which is made a part of this code by
reference, is intended to convey the common and accepted
meaning familiar to the electrical industry.
B. The Building Official or his .assistants is
authorized to determine the intent and meaning of any
provisions of this code. Such determination shall be made
in writing and a record kept, which record shall be open to
the public. (Ord. 1707, Exh. A (part), 1995)
2008 5-15 31
16.16.050 Cupertino -Buildings and Construction
16.16.050 Electrical Maintenance Program.
Any person regularly employing one or more full-time
qualified electricians for the purpose of installation,
alteration, maintenance or repair on any property which
such person owns or occupies, may designate a qualified
electrician as a maintenance electrician. Upon being
approved by the Chief Building Official, the maintenance
electrician shall make monthly or quarterly reports to the
city covering all installations, additions, or alterations. All
such work shall be installed and done in accordance with the
provisions of the Electrical Code, and shall be subject to the
payment of fees, and to inspection by the electrical inspector
to the same extent as similar work performed by other
persons and for which such inspection is provided. (Ord.
1707, Exh. A (part), 1995)
16.16.070 Penalty.
Any person, firm, corporation, partnership or co-
partnership who willfully violates any of the provisions, or
fails to comply with any of the mandatory requirements of
this chapter, is guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in Chapter
1.12 except that nothing herein contained shall be deemed to
bar any legal, equitable, or summary remedy to which the
city or other political subdivision or any person, firm,
corporation or partnership may otherwise be entitled, and
the city or any other political subdivision or any person,
firm, corporation or partnership may file a suit in the
Superior Court of the County of Santa Clara to restrain or
enjoin any attempted or proposed subdivision, or acts, in
violation of this chapter. (Ord. 1886, (part), 2001; Ord.
1777, (part), 1998; Ord. 1707, Exh. A (part), 1995)
16.16.120 Solar Photovoltaic Systems-Amendment.
NEC Section 690 is hereby modified to read as
follows:
(Climatic n
Section 690 Solar Photovoltaic Systems. Article 690 of
the 2002 NEC may be substituted in its entirety for the
installation of photovoltaic systems.
(Ord. 1910, Exh. A, 2002)
16.16.130 Fuel Cell Systems-Amendment.
NEC Section 692 is hereby added:
(Climatic n
Section 692 Fuel Cell Systems: Article 692 of the 2002
NEC is hereby adopted in its entirety.
(Ord. 1910, Exh. A, 2002)
[Text continues on Page 35]
32
2008 S-15
16.20.010
CHAPTER 16.20: PLUMBING CODE ADOPTED*
Section
16.20.010 Adopted by reference.
16.20.020 Name insertion.
16.20.030 Amendments.
16.20.080 Condensate disposals.
16.20.090 Appendix chapters.
16.20.100 Penalty.
16.20.110 Schedule of fees.
16.20.120 Board of Appeals.
For statutory provisions regarding the authority
of cities to regulate the construction and
location of drains and sewers, and of systems
for piping water or gas, see Gov. Code
§ 38660.
16.20.010 Adopted by Reference.
That certain code entitled "International Association of
Plumbing Officials Uniform Plumbing Code, 2007 Edition, "
one copy of which is on file in the office of the Building
Department for use and examination by the public, excepting
those provisions noted in this chapter, is adopted by
reference. (Ord. 2017, (part), 2007; Ord. 1909, (part),
2002; Ord. 1826, (part), 1999; Ord. 1708, Exh. A (part),
1995)
16.20.020 Name Insertion.
The names "Cupertino" and "California" shall be
inserted in the appropriate places provided therefor in each
and every section of said Uniform Plumbing Code, 2007
Edition, wherein either the name of the city or state is left
blank. (Ord. 2017, (part), 2007; Ord. 1909, (part), 2002;
Ord. 1826, (part), 1999; Ord. 1708, Exh. A (part), 1995)
16.20.030 Amendments.
UPC Section 604 is hereby modified to read as
follows:
(Geological m
Section 604.0 Materials
604.1 Water distribution pipe, building supply water pipe
and fittings shall be of brass, copper, cast iron, galvanized
malleable iron, galvanized wrought iron, galvanized steel,
or other approved materials. Asbestos-cement, CPVC, PE,
PVC, or PEX water pipe manufactured to recognized
standards may be used for cold water distribution systems
outside a building. CPVC, PEX water pipe, tubing, and
fittings, manufactured to recognized standazds may be used
for hot and cold water distribution systems within a
building. All materials used in the water supply system,
except valves and similaz devices shall be of a like material,
except where otherwise approved by the Administrative
Authority.
PEX Section 604.11 is hereby amended to read as
follows:
604.11 PEX. Cross-linked polyethylene (PEX) tubing shall
be marked with the appropriate standard designation(s) listed
in Table 14-1 for which the tubing has been listed or
approved. PEX tubing shall be installed in compliance with
the provisions of this section.
PEX Section 604.11.1 is hereby amended to read as
follows:
604.11.1 PEX fittings. Metal Insert Fittings and Metal
Compression Fittings used with PEX tubing shall be
manufactured to and marked in accordance with the
standards for the fittings in Table 14-1.
UPC Section 604.11.2 is hereby amended to read as
follows:
604.11.2 Water Heater Connections. PEX tubing shall not
be installed within the first eighteen (18) inches (457 mm) of
piping connected to a water heater.
(Ord. 2017, (part), 2007; Ord. 1909, Exh. A, 2002)
16.20.080 Condensate Disposals.
2007 UPC Section 807.2 is amended by replacing it
with the following:
Condensate from air-cooling coils and comfort cooling
equipment not intended to be used for the storage or holding
of food or drinks shall be collected and discharged to an
approved point of disposal acceptable to the Administrative
Authority.
2008 S-15 35
16.20.080 Cupertino -Buildings and Construction 36
Termination of such drains shall be made by an air
break. Condensate drain lines in sizes 1 1/4" and lazger
shall be assembled using approved drainage pipe and
fittings. Condensate waste water shall not drain over or upon
a public way, sidewalk, pedestrian ramp or the like. The
waste pipe shall have a slope of not less than 1/8 inch per
foot and shall be of approved corrosion-resistant material not
smaller than the outlet size as required below for air-cooling
coils or condensing fuel-burning appliances, respectfully.
Condensate wastes pipes from air-cooling coils shall be
sized in accordance with equipment capacity as follows:
EQUIPMENT CAPACITY
Up to 20 tons of refrigeration
21 to 40 tons of refrigeration
41 to 90 tons of refrigeration
91 to 125 tons of refrigeration
126 to 250 tons of
refrigeration
CONDENSATE
PIPE DIAMETER
3/4 inch
1 inch
1-1/4 inch
1-1/2 inch
2 inch
The size of condensate waste pipes may be for
one unit or a combination of units, or as recommended by
the manufacturer. The capacity of waste pipes assumes a 1 /8
inch-per-foot slope, with the pipe nuu>ing three-quarters
full.
Condensate drain sizing for other slopes or other
conditions shall be approved by the Administration
Authority.
Findings
The waste water treatment facilities serving many
silicon valley cities aze operating at or near maximum
capacity. The discharge of treated waste water into San
Francisco Bay is detrimental to its sensitive ecosystem.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain pollutants
which require treatment before being discharged into
sanitary sewers or the ground. (Ord. 2017, (part), 2007;
Ord. 1777, (part), 1998; Ord. 1708, Exh. A (part), 1995)
16.20.090 Appendix Chapters.
Appendix chapters.
Adopt the following appendix Chapters from the 2001
CPC:
A. 2007 CPC Appendix A, Rules for Sizing Water
Supply Systems.
B. 2007 CPC Appendix B, Explanatory Notes on
Combination Waste and Vent Systems.
C. 2007 CPC Appendix D, Sizing Storm Water
Drainage Systems.
D. 2007 CPC Appendix G, Greywater Systems.
E. 2000 UPC Appendix I, Installation Standards.
F. 2007 CPCAppendix K, Private Sewage Disposal
Systems.
G. 2007 CPC Appendix L, Alternate Plumbing
Systems. (Ord. 2017, (part), 2007; Ord. 1909, (part),
2002; Ord. 1826, (part), 1999; Ord. 1777, (part), 1998;
Ord. 1708, Exh. A (part), 1995)
16.20.100 Penalty.
Except where otherwise specified, any person who
violates any of the provisions of this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be
punished as provided in Chapter 1.12. (Ord. 1886, (part),
2001; Ord. 1777, (part), 1998)
16.20.110 Schedule of Fees.
Fees shall be paid to the city as set forth in the latest
resolution adopted by the city. (Ord. 1777, (part), 1998)
16.20.120 Board of Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to provide for
reasonable interpretations of the provisions of this code,
there shall be and is hereby created a Board of Appeals,
consisting of five members who are qualified by experience
and training to pass upon matters pertaining to building
construction installation and materials. The Building
Official shall be an ex-officio member and shall act as
Secretary of the Board. The Board of Appeals shall be
appointed by the Mayor, subject to the approval of the City
Council, and shall hold office at his pleasure. The Boazd
shall adopt reasonable rules and regulations for conducting
its investigations and shall render all decisions and findings
in writing to the Building Official with a duplicate copy to
the appellant, and may recommend to the city Council such
new legislation as is consistent therewith. The same
personnel of the Board of Appeals appointed under this code
may act as the Boazd of Appeals under the other building
construction uniform codes. In the event an Appeals Board
is not appointed by the legislative body, the Council shall
serve as said Appeals Board. (Ord. 1777, (part), 1998)
2008 S-15
16.24.010
CHAPTER 16.24: MECFIANICAL CODE ADOPTED
Section
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Condensate wastes.
16.24.060 Board of appeals.
16.24.070 Table No. 1-A-Mechanical permits
fees amended.
16.24.080 Violation-Penalty.
16.24.010 Adopted by Reference.
That certain code entitled "California Mechanical Code
2007 Edition" as compiled and published by the
International Conference of Building Officials, one copy of
which is on file in the office of the Building Department for
use and examination by the public, excepting those
provisions noted in this chapter, is adopted by reference.
(Ord. 2018, (part), 2007; Ord. 1908, (part), 2002; Ord.
1827, (part), 1999; Ord. 1709, Exh. A (part), 1995)
16.24.020 Name Insertion.
The names "Cupertino" and/or "California" shall be
inserted in the appropriate places provided therefor in each
and every section of such California Mechanical Code
wherein the name of the city or state is left blank. (Ord.
2018, (part), 2007; Ord. 1777, (part), 1998; Ord. 1709,
Exh. A (part), 1995)
16.24.030 Condensate Wastes.
2007 CMC Section 310.1 is amended by replacing it
with the following:
Condensate from air cooling coils and comfort
cooling equipment not intended to be used for the storage or
holding of food or drinks shall be collected and discharged
to an approved point of disposal acceptable to the
Administrative Authority.
Termination of such drains shall be made by an
air break. Condensate drain lines in sizes 1- 1/4" and larger
shall be assembled using approved drainage pipe and
fittings. Condensate waste water shall not drain over or
upon a public way, sidewalk, pedestrian ramp or the like.
Findings
The waste water treatment facilities serving many
Silicon Valley cities are operating at or near maximum
capacity. The discharge of treated waste water into San
Francisco Bay is detrimental to its sensitive ecosystems.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain pollutants
which require treatment before being discharged into
sanitary sewers or the ground. (Ord. 2018, (part), 2007;
Ord. 1908, (part), 2002; Ord. 1827, (part), 1999; Ord.
1777, (part), 1998; Ord. 1709, Exh. A (part), 1995)
16.24.060 Board of Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to provide for
reasonable interpretations of the provisions of this code,
there shall be and is hereby created a Board of Appeals,
consisting of five members who are qualified by experience
and training to pass upon matters pertaining to building
construction, mechanical design and maintenance and the
public health aspects of mechanical systems. The Building
Official shall be an ex-officio member appointed by the
Mayor, subject to the approval of the City Council, and
shall hold office at his pleasure. The Board shall adopt
reasonable rules and regulations for conducting its
investigations and shall render all decisions and findings in
writing to the Building Official, with a duplicate copy to the
applicant, and may recommend to the City Council such new
legislation as is consistent therewith. The same personnel of
the Board of Appeals under the other building construction
uniform codes. In the event an Appeals Board is not
appointed by the legislative body, the Council shall serve as
such Appeals Board. (Ord. 1777, (part), 1998; Ord. 1709,
Exh. A (part), 1995)
16.24.070 Table No. 1-A-Mechanical Permits Fees
Amended.
Fees shall be paid the city as set forth in the latest
resolution adopted by the city. (Ord. 1709, Exh. A (part),
1995)
16.24.080 Violation-Penalty.
Any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in Chapter
1.12 of this code. (Ord. 1777, (part), 1998; Ord. 1709,
Exh. A (part), 1995)
2008 S-15 37
16.40.010
CHAPTER 16.40: FIItE CODE
Section
16.40.010 Adoption of the 2007 California Fire
Code and 2006 International Fire
Code.
16.40.020 Administration.
16.40.030 Establishment of limits of districts in
which storage of stationary tanks
of flammable cryogenic liquids aze to
be prohibited.
16.40.040 Establishment of limits of districts in
which storage of flammable or
combustible liquids in outside
aboveground tanks is prohibited.
16.40.050 Establishment of limits of districts in
which the storage of flammable or
combustible liquids in aboveground
tanks is prohibited.
16.40.060 Establishment of limits in which
storage of liquefied petroleum gases
is prohibited.
16.40.070 Definitions.
16.40.080 General precautions against fire.
16.40.090 Emergency planning and
prepazedness.
16.40.100 Use and occupancy -related
requirements.
16.40.110 Fire service features.
16.40.120 Fire appazatus access roads.
16.40.130 Access to buildings and roofs.
16.40.140 Hazards to firefighters.
16.40.150 Emergency communications systems.
16.40.160 Building service and features.
16.40.170 Fuel fired appliances.
16.40.180 Electrical equipment, wiring and
hazazds.
16.40.190 Stationary storage battery systems.
16.40.200 Fire protection systems.
16.40.210 Automatic sprinkler systems.
16.40.220 Fire safety during construction and
demolition.
16.40.230 Section 1411: Means of egress.
16.40.240 Semiconductor fabrication facilities.
16.40.250 Definitions.
16.40.260 Storage of wood chips and hogged
material associated with timber and
lumber production facilities.
16.40.270 Storage and processing of wood
chips, hogged materials, fines,
compost and raw product associated
with yard waste and recycling
facilities.
16.40.280 Tire rebuilding and storage.
16.40.290 Hazazdous materials.
16.40.300 General.
16.40.310 Definitions.
16.40.320 General requirements.
16.40.330 Storage.
16.40.340 Use, dispensing and handling.
16.40.350 Corrosive materials.
16.40.360 Section 3102: Definitions.
16.40.370 Explosives and fireworks.
16.40.380 Flammable and combustible liquids.
16.40.390 Storage.
16.40.400 Highly toxic and toxic materials.
16.40.410 General.
16.40.420 Definitions.
16.40.430 Highly toxic, toxic and moderately
toxic gases including those used as
refrigerants.
Requirements for Wildland--Urban Interface Fire Areas
16.40.460 Definitions.
16.40.470 Fire protection plan.
16.40.480 Defensible space.
16.40.490 Access.
16.40.500. Water supply.
16.40.550 Automatic fire sprinkler systems.
16.40.560 General requirements for
suppression and control.
16.40.570 Permits.
16.40.580 Section 105.1.5: Occupational
permit fees.
16.40.590 Section 105.6.8: Compressed gases.
16.40.600 Section 105.6.10: Cryogenic fluids.
16.40.610 Table 105.6.20.
16.40.620 Section 105.6.48: Day care facility.
16.40.630 Section 105.6.49: Institutional.
16.40.640 Section 106.5: Final inspection.
2008 S-15 ~;5
16.40.010 Cupertino -Buildings and Construction 56
16.40.010 Adoption of the 2007 California Fire
Code and 2006 International Fire Code.
There is hereby adopted by the City of Cupertino for the
purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that
certain code known as the 2007 California Fire Code and
also the 2006 International Fire Code, including Appendix
Chapters 1, 4, B and C and the whole thereof, save and
except such portions as aze hereinafter deleted, modified or
amended by this ordinance, of which one copy has been
filed for use and examination by the public in the office of
the City Building Official and the City Fire Chief and the
same adopted and incorporated as fully as if set out at length
herein, and from the date on which this ordinance shall take
effect, the provision thereof shall be controlling within the
limits of the City of Cupertino. (Ord. 2020, (part), 2007)
16.40.020 Administration.
Section 101.3.1 is added to read as follows:
101.3.1 Administration. The City Manager, through
the powers vested by the City Council, shall have the
authority to delegate any and all responsibility for the
maintenance and enforcement of the provisions of this Code
to whichever legal entity he feels best serves the interests of
the City.
Wherever the words "Chief," "Fire Marshal, "fire
code official," "Fire Department," "Fire Prevention
Bureau," "Fire Chief," and other such similar words are
used, they shall mean and refer to such legal entity
designated by the City Manager of Cupertino under the
authority of the City Council of Cupertino.
Wherever the words "municipality," "jurisdiction,"
or "city" are used, they shall mean the City of Cupertino.
Wherever the words "Executive Body" aze used, they
shall mean the City Council of Cupertino.
Wherever the words "Administrator" or "Executive"
are used, they shall mean the City Manager of Cupertino.
Wherever the words "District Attorney"
or "Corporation Counsel" are used, they shall mean the City
Attorney of Cupertino.
Wherever the words "Board of Appeal" are used, they
shall mean the City Council of Cupertino or the body
appointed by the Council to pass on matters pertaining to
fire safety. (Ord. 2020, (part), 2007)
16.40.030 Establishment of limits of districts in
which the storage of stationary tanks of
flammable cryogenic fluids are to be
prohibited.
The limits referred to in Section 3204.3.1.1 of the
California Fire Code in which the storage of flammable
2008 S-15
cryogenic fluids in stationary containers is prohibited are
hereby established as all locations of the City of Cupertino
which are residential and congested commercial areas as
determined by the fire code official. (Ord. 2020, (part),
2007)
16.40.040 Establishment of limits of districts in
which storage of flammable or
combustible liquids in outside
aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.5.1 of the
California Fire Code, in which the storage of flammable or
combustible liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino
that are residential or congested commercial areas as
determined by the fire code official. (Ord. 2020, (part),
2007)
16.40.050 Establishment of limits of districts in
which storage of flammable or
combustible liquids in aboveground tanks
is prohibited.
The limits referred to in Section 3406.2.4.4 of the
California Fire Code, in which the storage of flammable or
combustible liquids in aboveground tanks is prohibited aze
hereby established as all locations of the City of Cupertino
that are residential or other locations as determined by the
fire code official. (Ord. 2020, (part), 2007)
16.40.060 Establishment of limits in which storage
of liquefied petroleum gases is
prohibited.
The limits referred to in Section 3804.2 of the
California Fire Code, in which storage of liquefied
petroleum gas is restricted, aze hereby established as all
locations of the City of Cupertino that are residential or
congested commercial areas.
Exceptions: LPG may be used for industrial operations
or when natural gas would not provide a viable substitute for
LPG. Portable containers for temporary heating and/or
cooking uses may be permitted if stored and handled in
accordance with this code. Facilities in commercial areas for
refueling portable or mobile LGP containers may be
approved by the fire code official on a case by case basis.
(Ord. 2020, (part), 2007)
16.40.070 Defmitions.
GENERAL DEFINITIONS
Add the following defmition:
57 Fve Code 16.40.070
WORKSTATION is a defined space or independent
principal piece of equipment using hazardous materials
where a specific function, laboratory procedure or research
activity occurs. Approved or listed hazardous materials
storage cabinets, flammable liquid storage cabinets or gas
cabinets serving a workstation are included as part of the
workstation. A workstation is allowed to contain ventilation
equipment, fire protection devices, electrical devices, and
other processing and scientific equipment. (Ord. 2020,
(Part), 2007)
16.40.080 General precautions against fire.
VACANT PREMISES
Delete Section: 311.5 Placards.
Delete Section: 311.5.1 Placard Location.
Delete Section: 311.5.2 Placard Size And Color.
Delete Section: 311.5.3 Placard Date.
Delete Section: 311.5.4 Placard Symbols
Delete Section: 311.5.5 informational Use (Ord. 2020,
(Part), 2007)
16.40.090 Emergency planning and preparedness.
Amend Section 404.2 as follows:
404.2 Where Required. An approved fire safety and
evacuation plan shall be prepared and maintained for the
following occupancies and buildings.
1. Group A buildings having an occupant load of
100 or more persons.
2. Group B buildings having an occupant load of
500 or more persons.
3. Group E: See §3.13 Title 19, CCR for
regulations.
4. Group H.
5. Group I. See §3.09 Title 19, CCR for
regulations.
6. Group R-1. See §3.09 Title 19, CCR for
regulations.
7. Group R-2. college and university buildings.
8. Group M buildings having an occupant load of
500 or more persons.
9. Covered malls exceeding 50,000 square feet
(4645 m2) in aggregate floor area.
10. Underground buildings.
Amend Section 404.3.1 as follows:
1. Emergency egress or escape routes and whether
evacuation of the building is to be complete or,
where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required,
sounds and looks like (audible and visual warning
devices).
3. Procedures for employees who must remain to
operate critical equipment before evacuating.
4. Procedures for accounting for employees and
occupants after evacuation has been completed.
5, Identification and assignment of personnel
responsible for rescue or emergency medical aid.
6. The preferred and any alternative means of
notifying occupants of a fire or emergency.
7. The preferred and any alternative means of
reporting fires and other emergencies to the fire
department or designated emergency response
organization.
8. Identification and assignment of personnel who
can be contacted for further information or
explanation of duties under the plan.
9. A description of the emergency voice/alarm
communication system alert tone and
preprogrammed voice messages, where provided.
Amend Table 405.2 as follows:
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
Group or occupancy Frequency Participation
Group A Quarterly Employees
Group B a Annually Employees
Group E See § 3.09 Title 19, CCR
Group I See § 3.09 Title 19, CCR
Group R-1 See § 3.09 Title 19, CCR
Group R-2 n Four
annually All occupants
High-rise buildings ` See § 3.09 Title 19, CCR
404.3.1 Fire Evacuation Plans. Fire evacuation plans
shall include the following:
Group B buildings having an occupant load of
500 or more persons.
Applicable to Group R-2 college and university
buildings only,
2008 S-15
16.40.090 Cupertino -Buildings and Construction 58
c. Applicable to high-rise office buildings only. assembly, during the recess or gymnastic periods, or during
(Ord. 2020, (part), 2007) other times to avoid distinction between drills and actual
fires. In Group R2 college and university buildings, one
16.40.100 Use and occupancy- related required drill shall be held during hours after sunset or
requirements. before sunrise.
Delete Section: 408.2.2 Announcements.
Delete Section: 408.3.1 First Emergency Evacuation
Drill.
Delete Section: 408.3.2 Emergency Evacuation Drill
Deferral.
Delete Section: 408.3.3 Time Of Day.
Delete Section: 408.3.4 Assembly Points.
Delete Section: 408.5.1 Fire Safety And Evacuation
Plan.
Delete Section: 408.5.2 Staff Training.
Delete Section: 408.5.3 Resident Training.
Delete Section: 408.5.4 Drill Frequency.
Delete Section: 408.5.5 Resident Participation.
Delete Section: 408.6 Group I-2 Occupancies.
Delete Section: 408.6.1 Evacuation Not Required.
Delete Section: 408.6.2 Coded Alarm Signal.
Delete Section: 408.7 Group I-3 Occupancies.
Delete Section: 408.7.1 Employee Training.
Delete Section: 408.7.2 Staffing.
Delete Section: 408.7.3 Notification.
Delete Section: 408.8 Group R-1 Occupancies.
Delete Section: 408.8.2 Emergency Duties.
Delete Section: 408.8.3 Fire Safety And Evacuation
Instructions.
Delete Section: 408.10 Group R-4 Occupancies.
Delete Section: 408.10.1 Fire Safety And
Evacuation Plan.
Delete Section: 408.10.2 Staff Training.
Delete Section: 408.10.3 Resident Training.
Delete Section: 408.10.4 Drill Frequency.
Delete Section: 408.10.5 Resident Participation.
Amend Section 408.11.1.2 to read:
408.11.1.2 Revisions. The lease plans shall be revised
annually or as often as necessary to keep them current.
(Ord. 2020, (part), 2007)
16.40.110 Fire service features.
16.40.120 Fire apparatus access roads.
Amend Section 503.2.1 as follows:
503.2.1 Dimensions. Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet (6096
mm), except for approved security gates in accordance with
Section 503.6, and an unobstructed vertical clearance of 13
feet 6 inches (4115 mm).
Amend Section 408.9 to read:
408.9 Group R-2 Occupancies. Group R-2
occupancies shall comply with the requirements of Sections
408.9.1 through 408.9.3 and Sections 401 through 406.
Group R-2 college and university buildings shall comply
with the requirements of Sections 408.9.1 through 408.9.6
and Sections 401 through 406.
Add Section 408.9.4 to read:
408.9.4 First Emergency Evacuation Drill. The first
emergency evacuation drill of each school year shall be
conducted within 10 days of the beginning of classes.
Add Section 408.9.5 to read:
408.9.5 Time of Day. Emergency evacuation drills
shall be conducted at different hours of the day or evening,
during the changing of classes, when the school is at
Exception: When there are not more than two Group
R, Division 3, or Group U occupancies, the access road
width may be modified by the fire code official. (Ord.
2020, (Part), 2007)
16.40.130 Access to buildings and roofs.
Add Section 504.4 to read:
504.4 Access Control Devices. When access control
devices including bars, grates, gates, electric or magnetic
locks or similar devices, which would inhibit rapid fire
department emergency access to the building, are installed,
such devices shall be approved by the fire code official. All
access control devices shall be provided with an approved
means for deactivation or unlocking by the fire department.
Access control devices shall also comply with Chapter 10
Egress. (Ord. 2020, (part), 2007)
16.40.140 Hazards to firefighters.
Add Section 507.4 to read:
2008 S-15
59 Fire Code 16.40.140
507.4 Roof Guardrails At Interior Courts. Roof
openings into interior courts that are bounded on all sides by
building walls shall be protected with guardrails. The top of
the guardrail shall not be less than 42 inches in height above
the adjacent roof surface that can be walked on.
Intermediate rails shall be designed and spaced such that a
12-inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than
600 square feet in azea. (Ord. 2020, (part), 2007)
16.40.210 Automatic sprinkler systems.
Amend Section 903.2 as follows:
903.2 Where Required. Approved automatic
sprinkler systems in new buildings and structures and in
existing modified buildings and structures, shall be provided
in the locations described in this section. Automatic fire
sprinklers shall be installed per the requirements set forth in
Sections 903.2.1 through 903.2.13 and as follows,
whichever is the more restrictive:
16.40.150 Emergency communications systems.
Add Section 511.1 to read:
511.1 Emergency Communication Systems. In new
buildings, or buildings expanded by more than 20%, or
buildings in which a change in occupancy classification
occurs where adequate interior emergency radio
communication is not possible, a system or equipment that
will provide emergency radio coverage acceptable to the fire
code official shall be installed. (Ord. 2020, (part), 2007)
16.40.160 Building service and features.
16.40.170 Fuel fired appliances.
Add Section 603.4.2 as follows:
603.4.2 Portable Unvented Heaters. Used in Other
Occupancies and Outside Locations. Use of portable
unvented heaters in other occupancies and outside locations
shall be approved by the fire code official. (Ord. 2020,
(Part), 2007)
16.40.180 Electrical equipment, wiring and
hazards.
Add Section 605.11 to read:
605.11 Immersion Heaters. All electrical immersion
heaters used in dip tanks, sinks, vats and similar operations
shall be provided with approved over-temperature controls
and low liquid level electrical disconnects. Manual reset of
required protection devices shall be provided. (Ord. 2020,
(Part), 2007)
16.40.190 Stationazy storage battery systems.
Add Section 608.6.3 to read:
608.6.3 Failure of Ventilation System. Failure of the
ventilation system shall automatically disengage the charging
system. (Ord. 2020, (part), 2007)
16.40.200 Fire protection systems.
1. An automatic sprinkler system shall be provided
throughout all new buildings that have a gross floor area in
excess of 3,600 square feet or that are three (3) or more
stories in height.
2. An automatic sprinkler system shall be provided
throughout all existing buildings when modifications aze
made that increases the gross floor azea to more than 3,600
squaze feet or increases the number of stories to three (3) or
more.
Exception: One-time additions to existing buildings
made after O1 /O1 /2008 that do not exceed 500 square feet
in gross floor area.
3. An automatic sprinkler system shall be provided
throughout all new buildings located in the designated
Wildland-Urban Interface azeas.
Exception: Any non-habitable structures accessory to
single family residences that have a gross floor area of 500
squaze feet or less.
4. An automatic sprinkler system shall be provided
throughout all existing buildings located in the designated
Wildland-Urban Interface azeas when modifications are
made that increases the gross floor area.
Exception: One-time additions to existing buildings
made after O1 /O1 /2008 that do not exceed 500 squaze feet in
gross floor area.
Delete Exception ~1 to 903.2
Amend section 903.3 as follows:
903.3 Installation requirements. Automatic sprinkler
systems shall be designed and installed in accordance with
Sections 903.3.1 through 903.3.7 and Fire Department
Standards. (Ord. 2020, (part), 2007)
2008 S-15
16.40.220 Cupertino -Buildings and Construction 60
16.40.220 Fire safety during construction and
demolition.
Add Section 1404.8 to read:
1404.8 Fire Walls. When firewalls are required, the
wall construction shall be completed (with all openings
protected) ,immediately after the building is sufficiently
weather-protected at the location of the wall(s). (Ord. 2020,
(part), 2007)
intervals not to exceed 5 minutes. The gas detection system
shall be able to detect the presence of a gas at or below the
permissible exposure limit in occupiable areas and at or
below 1/z IDLH (or 0.05 LC 50 if no established IDLH) in
unoccupiable areas.
Delete Definition: Workstation. (Ord. 2020, (part),
2007)
16.40.230 Section 1411: Means of egress.
Amend Section 1411.1 as follows:
1411.1 Stairways Required. All floor levels above
the first story in new multi-story buildings that require 2 exit
stairs shall be provided with at least two usable exit
stairways (temporary or permanent) after the floor decking
is installed. The stairways shall be continuous and discharge
to grade level. Stairways serving more than two floor levels
shall be enclosed (with openings adequately protected) after
exterior walls/windows are in place. Exit stairs in new and
in existing, occupied buildings shall be lighted and
maintained cleaz of debris and construction materials at all
times.
Exception: For new multi-story buildings, one of the
required exit stairs may be obstructed on not more than two
contiguous floor levels for the purposes of stairway
construction (i.e., installation of gypsum board, painting,
flooring, etc.).
Add Section 1411.1.1 to read:
Section 1411.1.1 Required Means Of Egress. All
new buildings under construction shall have a least one
unobstructed means of egress. All means of egress shall be
identified in the Fire Protection Plan. (Ord. 2020, (part),
2007)
16.40.240 Semiconductor fabrication facilities.
16.40.250 Definitions.
Amend the following definition to read:
CONTINUOUS GAS DETECTION SYSTEM. An
approved gas detection system where the analytical
instrument is maintained in continuous operation and
sampling is performed without interruption. Analysis is
allowed to be performed on a cyclical basis at intervals not
to exceed 30 minutes. In occupied azeas where air is re-
circulated and not exhausted to a treatment system (e.g.
breathing zone), the Chief may require a cyclical basis at
16.40.260 Storage of wood chips and hogged
material associated with timber and
lumber production facilities.
Add Section 1907.6 to read:
1907.6 Fire Protection Water Supply System. An
approved fire protection water supply and hydrant system
suitable for the fire hazazd involved shall be provided for
open storage yards and processing azeas. Hydrant systems
shall be installed in accordance with NFPA 24. (Ord. 2020,
(Part), 2007)
16.40.270 Storage and processing of wood chips,
hogged materials, fines, compost and raw
product associated with yard waste and
recycling facilities.
Add Section 1908.11 to read:
1908.11 Fire Protection Water Supply System. An
approved fire protection water supply and hydrant system
suitable for the fire hazard involved shall be provided for
open storage yards and processing areas. Hydrant systems
shall be installed in accordance with NFPA 24. (Ord. 2020,
(Part), 2007)
16.40.280 Tire Rebuilding And Storage.
Chapter 25 of the 2006 International Fire Code is
adopted in its entirety. (Ord. 2020, (part), 2007)
16.40.290 Hazardous materials.
16.40.300 General.
Amend Section 2701.2.2.2 to read:
2701.2.2.2 Health Hazards. The material categories
listed in this section are classified as health hazards. A
material with a primary classification as a health hazard can
also pose a physical hazard.
1. Highly toxic, toxic and moderately toxic.
2. Corrosive materials. (Ord. 2020, (part), 2007)
2008 S-15
61 Fire Code 16.40.310
16.40.310 Definitions.
Add the following defmition to read:
SECONDARY CONTAINMENT. Secondary
containment is that level of containment that is external to
and separate from primary containment and is capable of
safely and securely containing the material, without
discharge, for a period of time reasonably necessary to
ensure detection and remedy of the primary containment
failure. (Ord. 2020, (part), 2007)
16.40.320 General requirements.
Add Section 2703.1.3.1 to read:
2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic
Gases And Similarly Used Or Handled Materials. The
storage, use and handling of toxic, highly toxic and
moderately toxic gases in amounts exceeding Table 3704.2
or 3704.3 shall be in accordance with this chapter and
Chapter 37. Any toxic, highly toxic or moderately toxic
material that is used or handled as a gas or vapor shall be in
accordance with the requirements for toxic, highly toxic or
moderately toxic gases.
Add Section 2703.1.5 to read:
2703.1.5 Secondary Containment Requirements. A
containment system shall be required for all hazazdous
materials, which aze liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a
plausible event and where such an event would endanger,
people, property or the environment. Construction shall be
substantial, capable of safely and securely containing a
sudden release without discharge. Design criteria shall be
performance oriented and constructed of physically and
chemically compatible materials to resist degradation and
provide structural and functional integrity for a period of
time reasonably necessary to ensure detection, mitigation,
and repair of the primary system. Monitoring of secondary
containment shall be accordance with Section 2704.2.2.5.
Amend Sec. 2703.2.2.1 to read:
2703.2.2.1 Design And Construction. Piping, tubing,
valves, fittings and related components used for hazardous
materials shall be in accordance with the following:
structural and seismic stress, and exposure to which they are
subject.
2. Piping and tubing shall be identified in
accordance with ASME A13.1 and Santa Clara County Fire
Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazazdous Waste to indicate the material
conveyed.
3. Readily accessible manual valves or automatic
remotely activated fail-safe emergency shutoff valves shall
be installed on supply piping and tubing at the following
locations:
1. The point of use.
2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for
remotely activated emergency shutoff valves shall be
identified and the location shall be clearly visible accessible
and indicated by means of a sign.
5. Backflow prevention or check valves shall be
provided when the backflow of hazazdous materials could
create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking
of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 aze carried in pressurized
piping above 15 pounds per square inch gauge (psig)(103
Kpa), an approved means of leak detection, emergency
shutoff and excess flow control shall be provided. Where
the piping originates from within a hazazdous material
storage room or area, the excess flow control shall be
located within the storage room or area. Where the piping
originates from a bulk source, the excess flow control shall
be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to
prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection
from spills shall be provided for piping for liquid hazazdous
materials and for highly toxic and toxic corrosive gases
above threshold quantities listed in Tables 3704.2 and
3704.3. Secondary containment includes, but is not limited
to double walled piping.
1. Piping, tubing, valves, fittings and related
components shall be designed and fabricated from materials
compatible with the material to be contained and shall be of
adequate strength and durability to withstand the pressure,
Exceptions:
1. Secondary containment is not required for
toxic corrosive gases if the piping is constructed of inert
materials.
2008 S-15
16.40.320 Cupertino -Buildings and Construction 62
2. Piping under sub-atmospheric conditions if
the piping is equipped with an alarm and fail-safe-to-close
valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between
valves whenever the regulated gas may be subjected to
thermal expansion. Chambers shall be sized to provide
protection for piping and instrumentation and to
accommodate the expansion of regulated materials.
procedures required in accordance with Sections 2703.3.1.1
through 2703.3.1.4.
Add Sec. 2703.5.3 to read:
2703.5.2 Ventilation Ducting. Product conveying
ducts for venting hazardous materials operations shall be
labeled with the hazazd class of the material being vented
and the direction of flow.
Amend Section 2703.2.2.2 to read:
2703.2.2.2 Additional Regulation for Supply Piping
for Health Hazard Materials. Supply piping and tubing for
gases and liquids having a health hazazd ranking of 3 or 4 in
accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of
toxic, highly toxic, or highly volatile corrosive liquids and
gases shall have welded, or brazed connections throughout
except for connections within an exhausted enclosure if the
material is a gas, or an approved method of drainage or
containment is provided for connections if the material is a
liquid.
2. Piping and tubing shall not be located within
corridors, within any portion of a means of egress required
to be enclosed in fire-resistance-rated construction or in
concealed spaces in azeas not classified as Group H
Occupancies.
EXCEPTION:
Piping and tubing within the space defined by the walls
of corridors and the floor or roof above or in concealed
space above other occupancies when installed in accordance
with Section 415.8.6.3 of the California Building Code as
required for Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and
moderately toxic gases shall pass a helium leak test of 1x10-
9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally
recognized standazd. Tests shall be conducted by a qualified
"third party" not involved with the construction of the piping
and control systems.
Amend Section 2703.3.1 as follows:
2703.3.1 Unauthorized Discharges. When hazardous
materials are released in quantities reportable under state,
federal or local regulations or when there is release or a
threatened release that presents a threat to health, property
or the environment, the fire code official shall be notified
immediately in an approved manner and the following
Add Sec. 2703.5.4 to read:
2703.5.3 "H" Occupancies. In "H" occupancies, all
piping and tubing may be required to be identified when
there is any possibility of confusion with hazazdous
materials transport tubing or piping. Flow direction
indicators aze required.
Amend Section 2703.9.8 to read:
2703.9.8 Sepazation of Incompatible Materials.
Incompatible materials in storage and storage of materials
that are incompatible with materials in use shall be
separated. When the stored materials are in containers
having a capacity of more than 5 pounds (2 kg) or 0,5 gallon
(2 L), separation shall be accomplished by:
1. Segregating incompatible materials in storage by
a distance of not less than 20 feet (6096 mm) and in an
independent containment system.
2. Isolating incompatible materials in storage by a
noncombustible partition extending not less than 18 inches
(457 mm) above and to the sides of the stored material.
3. Storing liquid and solid materials in hazardous
material storage cabinets.
4. Storing compressed gases in gas cabinets or
exhausted enclosures in accordance with Sections 2703.8.5
and 2703.8.6. Materials that are incompatible shall not be
stored within the same cabinet or exhausted enclosure.
Add Sec. 2703.9.10 to read:
2703.9.10 Fire Extinguishing Systems For
Workstations Dispensing, Handling or Using Hazardous
Materials. Combustible and non-combustible workstations,
which dispense, handle or use hazardous materials, shall be
protected by an approved automatic fire extinguishing
system in accordance with Section 1803.10.
Exception: Internal fire protection is not required for
Biological Safety Cabinets that carry NSF/ANSI
certification-where quantities of flammable liquids in use or
storage within the cabinet do not exceed SOOmI. (Ord.
2020, (part), 2007)
2008 S-15
63 Fire Code 16.40.330
16.40.330 Storage.
Amend Section 2704.2.1 as follows:
service or constantly attended on-site location and shall also
initiate a local audible alarm. (Ord. 2020, (part), 2007)
2704.2.1 Spill Control for Hazardous Material
Liquids. Rooms, buildings or areas used for storage oi'
hazardous material liquids shall be provided with spill
control to prevent the flow of liquids to adjoining areas.
Floors in indoor locations and similar surfaces in outdoor
locations shall be constructed to contain a spill from the
largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor
locations or similar azeas in outdoor locations.
2. Liquid-tight floors in indoor locations or similaz
areas provided with liquid-tight raised or recessed sills or
dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and
collection systems shall be constructed of noncombustible
material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes aze
provided, they are not required at perimeter openings having
an open-grate trench across the opening that connects to an
approved collection system.
Amend Section 2704.2.2 as follows:
2704.2.2 Secondary Containment for Hazardous Material
Liquids and Solids. Buildings, rooms or areas used for the
storage of hazardous materials liquids or solids shall be
provided with secondary containment in accordance with this
section.
Delete Table: 2704.2.2 REQUIRED SECONDARY
CONTAINMENT FOR HAZARDOUS MATERIAL
SOLIDS AND LIQUIDS STORAGE. (Ord. 2020, (part),
2007)
16.40.340 Use, dispensing and handling.
Amend Sec. 2705.4.4 to read:
2705.4.4 Emergency Alarm. When hazardous
materials having a hazard ranking of 3 or 4 in accordance
with NFPA 704, or toxic gases exceeding 10 cu, ft. and any
amount of highly toxic compressed gases are transported
through corridors or exit enclosures, there shall be an
emergency telephone system, a local manual alarm station
or an approved alarm-initiating device at not more than 150-
foot (45,720 mm) intervals and at each exit and exit-access
doorway throughout the transport route. The signal shall be
relayed to an approved central, proprietary or remote station
16.40.350 Corrosive materials.
16:40.360 Section 3102: definitions.
Add the following definition to read:
CORROSIVE LIQUID. Corrosive liquid is a liquid
which, when in contact with living tissue, will cause
destruction or irreversible alteration of such tissue by
chemical action. Examples include acidic, alkaline or caustic
materials. Such material will be considered corrosive when
the Ph is 2 or less or 12.5 or more, except for foodstuffs or
medicine. Included aze Department of Transportation and
Title 22, California Code of Regulations, 66261.22 classed
corrosives. (Ord. 2020, (part), 2007)
16.40.370 Explosives and fireworks.
Amend Section 3301.1 to read:
3301.1 Scope. For explosives requirements see Title
19 California Code of Regulations Chapter 10 and Section
3301.1.1 of this Chapter. For fireworks requirements see
Title 19 California Code of Regulations Chapter 6 and
Section 3301.1.2 of this Chapter.
Exceptions:
1. The armed Forces of the United States, Coast
Guard or National Guard.
2. Explosives in forms prescribed by the official
United States Pharmacopoeia.
3. The possession, storage and use of small arms
ammunition when packaged in accordance with DOTn
packaging requirements.
4. The use of explosive materials by federal, state
and local regulatory, law enforcement and fire agencies
acting in their official capacities.
Items preempted by federal regulations.
Add Section 3301.1.1 to read:
3301.1.1. Explosives. The possession, manufacture,
storage, sale, handling, and use of explosives are prohibited.
Exceptions:
1. Possession, storage, handling and use of
explosives for test and research purposes is allowed with
permit and approval of the fue code official.
2. Possession, storage, handling and use of squibs,
explosive nuts or bolts and similar small quantity explosive
devices is allowed with permit and approval of the fire code
official.
2008 S-15
16.40.370 Cupertino -Buildings and Construction 64
Add Section 3301.1.2 to read:
3301.1.2 Fireworks. The possession, manufacture,
storage, sale, handling, and use of fireworks, including
those fireworks classified as Safe and Sane by the California
State Fire Marshal, are prohibited.
Exceptions:
1. Storage, handling and use of fireworks and
pyrotechnic special effects outside of buildings when used
for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions
when handled and used by a licensed pyrotechnic operator
in accordance with Title 19 of the California Code of
Regulations and permitted in accordance with this Chapter.
2. Storage, handling and use of pyrotechnic special
effects fireworks inside of buildings, equipped throughout
with an approved fire sprinkler system, when used for
proximate audience displays or special effects in theatrical,
television, motion picture and group entertainment
productions and when handled and used by a licensed
pyrotechnic operator in accordance with Title 19 of the
California Code of Regulations and permitted in accordance
with this Chapter. (Ord. 2020, (part), 2007)
Add Section 3301.1.3 to read:
on an annual basis and records of such testing shall be
maintained on-site for a period of five (5) years. (Ord.
2020, (part), 2007)
16.40.400 Highly toxic and toxic materials.
16.40.410 General.
Add Sec. 3701.3 to read:
3701.3 Moderately Toxic Gases With a LC50 Equal
To Or Less Than 3000 Parts Per Million.
Notwithstanding the hazard class definition in Section 3702,
moderately toxic gases with an LC50 less than 3000 parts
per million shall additionally comply with the requirements
for toxic gases in Section 3704 of this code.
16.40.420 Definitions.
The following definitions are added to read:
MODERATELY TOXIC GAS. Moderately toxic gas
is a chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million
but not more than 5000 parts per million by volume of gas
or vapor, when administered by continuous inhalation for an
hour, or less if death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
3301.1.3 Model Rocketry. The storage, handling, and
use of model rockets shall be in accordance with Title 19 of
the California Code of Regulations and as approved by the
fire code official. (Ord. 2020, (part), 2007)
16.40.380 Flammable and combustible liquids.
16.40.390 Storage.
Amend section 3404.2.7.5.8 to read:
3404.2.7.5.8 Overfill Prevention. An approved
means or method in accordance with Section 3404.2.9.6.6
shall be provided to prevent the overfill of all Class I, II and
IIIA liquid storage tanks. Storage tanks in refineries, bulk
plants or terminals regulated by Sections 3406.4 or 3406.7
shall have overfill protection in accordance with API 2350.
Add section 3404.2.7.5.9 to read:
3404.2.7.5.9 Automatic Filling of Tanks. Systems
that automatically fill flammable or combustible liquid tanks
shall be equipped with overfill protection, approved by the
fire code official, that sends an alarm signal to a constantly
attended location and immediately stops the filling of the
tank. The alarm signal and automatic shutoff shall be tested
Maximum Threshold Quantity (Max TQ) is the
maximum quantity of a moderately toxic or toxic gas, which
may be stored in a single vessel before a more stringent
category of regulation is applied. The following equation
shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 21b.
Gas Mixtures, the LC50 value for a gas mixture
containing toxic, highly toxic or moderately toxic
components shall be calculated using the formula in
Appendix E, Section 103.1.3.1.
Amend Sec. 3704 to read: (Ord. 2020, (part), 2007)
16.40.430 Highly toxic, toxic and moderately toxic
gases including those used as
refrigerants.
Add Sec. 3704.1.4 to read:
3704.1.4 Automatic Shut-Off Valve. An automatic
shut-off valve, which is of a fail-safe to close design, shall
be provided to shut off the supply of highly toxic gases for
any of the following:
2008 S-15
65 Fn-e Code 16.40.430
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location
Add Sec. 3704.1.5 to read:
Add Section 3704.1.9 to read:
3704.1.9 Fire Extinguishing Systems. Buildings and
covered exterior areas for storage and use azeas of materials
regulated by this Chapter shall be protected by an automatic
fue sprinkler system in accordance with NFPA 13. The
design of the sprinkler system for any room or area where
highly toxic, toxic and moderately toxic gases are stored,
handled or used shall be in accordance with Section 2704.5.
3704.1.5 Emergency Control Station. Signals from
emergency equipment used for highly toxic gases shall be
transmitted to an emergency control station or other
approved monitoring station, which is continually staffed by
trained personnel.
Add Sec. 3704.1.6 to read:
3704.1.6 Maximum Threshold Quantity. Toxic gases
stored or used in quantities exceeding the maximum
threshold quantity in a single vessel per control area or
outdoor control azea shall comply with the additional
requirements for highly toxic gases of Section 3704 of this
code.
Moderately toxic gases stored or used in quantities
exceeding the maximum threshold quantity. in a single
vessel per control area or outdoor control area shall comply
with the additional requirements for toxic gases of Section
3704 of this code.
Add Section 3704.1.7 to read:
3704.1.7 Reduced Flow Valve. All containers of
materials other than lecture bottles containing Highly Toxic
material and having a vapor pressure exceeding 29 psia shall
be equipped with a reduced flow valve when available. If a
reduced flow valve is not available, the container shall be
used with aflow-limiting device. All flow limiting devices
shall be part of the valve assembly and visible to the eye
when possible; otherwise, they shall be installed as close as
possible to the cylinder source.
Add Section 3704.1.8 to read:
3704.1.8 Annual Maintenance. All safety control
systems at a facility shall be maintained in good working
condition and tested not less frequently than annually.
Maintenance and testing shall be performed by persons
qualified to perform the maintenance and tests. Maintenance
records and certifications shall be available to any
representative of the Fire Department for inspection upon
request.
Add Section 3704.1.10 to read:
3704.1.10 Local Gas Shut Off. Manual activation
controls shall be provided at locations near the point of use
and neaz the source, as approved by the fire code official.
The fire code official may require additional controls at
other places, including, but not limited to, the entry to the
building, storage or use areas, and emergency control
stations. Manual activated shut-off valves shall be of a fail-
safe-to-close design."
Add Section 3704.1.11 to read:
3704.1.11 Exhaust Ventilation Monitoring. For
highly toxic gases and toxic gases exceeding threshold
quantities, a continuous monitoring system shall be provided
to assure that the required exhaust ventilation rate is
maintained. The monitoring system shall initiate a local
alarm. The alarm shall be both visual and audible and shall
be designed to provide warning both inside and outside of
the interior storage, use, or handling azea.
Add Section 3704.1.12 to read:
3704.1.12 Emergency Response Plan. If the
prepazation of an emergency response plan for the facility is
not required by any other law, responsible persons shall
prepare, or cause to be prepared, and filed with the fire code
official, a written emergency response plan. If the
preparation of an emergency response plan is required by
other law, a responsible person shall file a copy of the plan
with the Fire Chief.
Add Section 3704.1.13 to read:
3704.1.13 Emergency Response Team. Responsible
persons shall be designated the on-site emergency response
team and trained to be liaison personnel for the Fire
Department. These persons shall aid the Fire Department in
preplanning emergency responses, identifying locations
where regulated materials are stored, handled and used, and
2008 S-15
16.40.430 Cupertino -Buildings and Construction 66
be familiar with the chemical nature of such material. An
adequate number of personnel for each work shift shall be
designated.
Add Section 3704.1.14 to read:
3704.1.14 Emergency Drills. Emergency drills of the
on-site emergency response team shall be conducted on a
regular basis but not less than once every three months.
Records of drills conducted shall be maintained.
Add Table 3704.2 to read:
Threshold Quantities for Highly Toxic, Toxic and
Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
Add section 3704.1.15 to read:
3704.1.15 Cylinder Leak Testing. Cylinders shall be
tested for leaks immediately upon delivery and again
immediately prior to departure. Testing shall be approved by
the fire code official in accordance with appropriate
nationally recognized industry standards and practices, if
any. Appropriate remedial action shall be immediately
undertaken when leaks are detected.
Add Sec. 3704.1.16 to read:
3704.1.16 Inert Gas Purge System. Gas systems shall
be provided with dedicated inert gas purge systems. A
dedicated inert gas purge system may be used to purge more
than one gas, provided the gases are compatible. Purge gas
systems inside buildings shall be located in an approved gas
cabinet unless the system operates by vacuum demand.
Add Sec. 3704.1.17 to read:
3704.1.17 Seismic Shutoff Valve. An automatic
seismic shut-off valve, which is of a fail-safe to close
design, shall be provided to shutoff the supply of highly
toxic, toxic and moderately toxic gases with an LC50 less
than 3000 parts per million upon a seismic event within 5
seconds of a horizontal sinusoidal oscillation having a peak
acceleration of 0.3G (1.47m/sec2) and a period of 0.4
seconds.
Amend Section 3704.2 to read:
3704.2 Indoor Storage and Use. The indoor storage
or use of highly toxic, and toxic and moderately toxic
compressed gases shall be in accordance with Sections
3704.2.1 through 3704.2.2.10.3.3. The threshold quantity
for highly toxic, toxic and moderately toxic gases for indoor
storage and use are set forth in Table 3704.2.
Amend Section 3704.2.1 to read:
3704.2.1 Applicability. The applicability of
regulations governing the indoor storage and use of highly
toxic, toxic, and moderately toxic compressed gases shall be
as set forth in Sections 3704.2.1.1 through 3704.2.1.3.
Amend Sec. 3704.2.1.1 to read:
3704.2.1.1 Quantities Not Exceeding the Maximum
Allowable Quantity per Control Area. The indoor storage
or use of highly toxic, toxic and moderately toxic gases in
amounts exceeding the threshold quantity per control area
set forth in Table 3704.2 shall be in accordance with
Sections 2701, 2703, 3701, and 3704.1 and 3704.2,
Amend Sec. 3704.2.2 to read:
3704.2.2 General Indoor Requirements. The general
requirements applicable to the indoor storage and use of
highly toxic and toxic compressed gases shall be in
accordance with Sections 3704.2.2.1 through
3704.2.2.10.3.Moderately toxic gases with an LC50 less
than 3000 parts per million shall comply with the
requirements for toxic gases in Sections 3704.2.2.1 through
3704.2.2.10.3. All other moderately toxic gases exceeding
the threshold quantity shall comply with the requirements for
toxic gases in Sections 3704.2.2.1 through 3704.2.2.7.
Amend Sec. 3704.2.2.7 to read:
3704.2.2.7 Treatment Systems. The exhaust
ventilation from gas cabinets, exhausted enclosures, gas
rooms and local exhaust systems required in Section
3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment
system. The treatment system shall be utilized to handle the
accidental release of gas and to process exhaust ventilation.
The treatment system shall be designed in accordance with
Sections 3704.2.2.7.1 through 3704.2.2.7.5 and Section 505
of the California Mechanical Code.
2008 S-15
67 Fire Code 16.40.430
Exceptions:
1. Highly toxic, toxic and moderately toxic gases
storage. A treatment system is not required for cylinders,
containers and tanks in storage when all of the following are
provided:
1.1. Valve outlets are equipped with gas-tight
outlet plug or caps.
1.2. Hand wheel-operated valves have handles
secured to prevent movement.
1.3. Approved containment vessels or
containment systems are provided in accordance with
Section 3704.2.2.3.
Amend 3704.2.2.10.1 to read:
3704.2.2.10.1. Alarms. The gas detection system shall
initiate a local alarm and transmit a signal to a constantly
attended control station when ashort-term hazard condition
is detected. The alarm shall be both visual and audible and
shall provide warning both inside and outside the area where
the gas is detected. The audible alarm shall be distinct from
all other alarms.
Amend Section 3704.3 to read:
3704.3 Outdoor Storage and Use. The outdoor
storage or use of highly toxic, and toxic and moderately
toxic compressed gases shall be in accordance with Sections
3704.3.1 through 3704.3.4. The threshold quantity for
highly toxic, toxic and moderately toxic gases for outdoor
storage and use are set forth in Table 3704.3.
Add Table 3704.3 to read:
Threshold Quantities for FIighly Toxic, Toxic and
Moderately Toxic Gases for Outdoor Storage and
Use
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
Amend Section 3704.3.1 to read:
3704.3.1 Applicability. The applicability of
regulations governing the outdoor storage and use of highly
toxic, toxic, and moderately toxic compressed gases shall be
as set forth in Sections 3704.3.1.1 through 3704.3.1.3.
Amend Section 3704.3.1.1.
3704.3.1.1 Quantities Not Exceeding The Maximum
Allowable Quantity Per Control Area. The outdoor
storage or use of highly toxic and toxic gases in amounts
exceeding the threshold quantity per control area set forth in
Table 3704.3 shall be in accordance with Sections 2701,
2703 , 3701, 3704.1, and 3704.3 . Moderately toxic gases
with an LC50 less than 3000 parts per million in amounts
exceeding the threshold quantity in Table 3704.3 shall
comply with the requirements for toxic gases in Sections
2701, 2703, 3701, 3704.1 and 3704.3.Moderately toxic
gases in amounts exceeding the threshold quantity in Table
3704.3 shall comply with the requirements for toxic gases in
Sections 2701, 2703, 3701, 3704.1 and 3704.3.2.1 through
3704.3.2.5.
Amend Section 3704.3.3 to read:
3704.3.3 Outdoor Storage Weather Protection For
Portable Tanks and Cylinders. Weather protection in
accordance with Section 2704.13 and this section shall be
provided for portable tanks and cylinders located outdoors
and not within gas cabinets or exhausted enclosures. The
storage area shall be equipped with an approved automatic
sprinkler system in accordance with Section 2704.5. (Ord.
2020, (part), 2007)
REQUIREMENTS FOR WILDLAND-URBAN
INTERFACE FIRE AREAS
16.40.460 Definitions.
Amend definition of Wildland-Urban Interface Fire
Area as follows:
Wildland-Urban Interface Fire Area is a
geographical area identified by the state as a "Fire Hazard
Severity Zone" in accordance with the Public Resources
Code Sections 4201 through 4204 and Government Code
Sections 51175 through 51189, or other areas designated by
the enforcing agency to be at a significant risk from
wildfires. See Article 86B for the applicable referenced
sections of the Government Code and the Public Resources
Code. The Wildland-Urban Interface Fire Area shall be
defined as all areas within the City of Cupertino as set forth
and delineated on the map entitled "Wildland-Urban
Interface Fire Area" which map and all notations,
references, data and other information shown thereon are
hereby adopted and made a part of this chapter. The map
properly attested, shall be on file in the Office of the City
Clerk of the City of Cupertino. (Ord. 2020, (part), 2007)
2008 S-15
16.40.470 Cupertino -Buildings and Construction 68
16.40.470 Fire protection plan.
Add Section 4703.1 to read:
4703.1 General. When required by the code official,
a fire protection plan shall be prepared.
Exception: Grass and other vegetation located more
than 30 feet (9144 mm) from buildings or structures and less
than 18 inches (457 mm) in height above the ground need
not be removed where necessary to stabilize the soil and
prevent erosion.
Add Section 4703.2 to read:
4703.2 Content. The plan shall be based upon asite-
specificwildfire risk assessment that includes considerations
of location, topography, aspect, flammable vegetation,
climatic conditions and fire history. The plan shall address
water supply, access, building ignition and fire-resistance
factors, fire protection systems and equipment, defensible
space and vegetation management.
Add Section 4703.3 to read:
4703.3 Cost. The cost of fire protection plan
prepazation and review shall be the responsibility of the
applicant.
Add Section 4703.4 to read:
4703.4 Plan Retention. The fire protection plan shall
be retained by the fire code official. (Ord. 2020, (part),
2007)
16.40.480 Defensible space.
Add Section 4707.1 to read:
4707.1 General. Persons owning, leasing, controlling,
operating or maintaining buildings or structures in, upon or
adjoining the Wildland-Urban Interface Fire Area and
persons owning, leasing or controlling land adjacent to such
buildings or structures, shall at all times:
1. Maintain an effective defensible space by
removing and clearing away flammable vegetation and
combustible growth from areas within 30 feet (9144 mm) of
such buildings or structures.
Exception: Single specimens of trees, ornamental
shrubbery or similar plants used as ground covers, provided
that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
2. Maintain additional effective defensible space by
removing brush, flammable vegetation and combustible
growth located 30 feet to 100 feet (9144 mm to 30480 mm)
from such buildings or structures, when required by the fire
code official due to steepness of terrain or other conditions
that would cause a defensible space of only 30 feet (9144
mm) to be insufficient.
3. Remove portions of trees, which extend within 10
feet (3048 mm) of the outlet of a chimney.
4. Maintain trees adjacent to or overhanging a
building free of deadwood; and
5. Maintain the roof of a structure free of leaves,
needles or other dead vegetative growth.
Add Section 4707.2 to read:
4707.2 Corrective Actions. The executive body is
authorized to instruct the fire code official to give notice to
the owner of the property upon which conditions regulated
by Section 4707.1 exist to correct such conditions. If the
owner fails to correct such conditions, the executive body is
authorized to cause the same to be done and make the
expense of such correction a lien upon the property where
such condition exists.
Add Section 4714 to read: (Ord. 2020, (part), 2007)
16.40.490 Access.
Add Section 4714.1 to read:
4714.1 General. Buildings and structures, or portions
thereof, hereafter constructed or relocated into or within
wildland-urban interface areas shall be provided with fue
appazatus access in accordance with this chapter.
Add Section 4714.2 to read:
4714.2 Driveways. Driveways with anall-weather
surface shall be provided when any portion of an exterior
wall of the first story of a building is located more than 150
feet (45 720 mm) from a fire apparatus access road.
Driveways shall provide a minimum unobstructed width of
12 feet (3658 mm) and a minimum unobstructed height of 13
feet 6 inches (4115 mm). Driveways in excess of 150 feet
(45 720 mm) in length shall be provided with turnarounds.
Driveways in excess of 200 feet (60 960 mm) in length and
less than 20 feet (6096 mm) in width shall be provided with
turnouts in addition to turnarounds. An all-weather surface
shall be any surface material acceptable to the code official.
2008 S-15
69 Fire Code 16.40.490
A driveway shall not serve in excess of two dwelling
units.
Exception: When such driveways meet the
requirements for an access road in accordance with this
chapter.
Driveway turnarounds shall be in accordance with Fire
Department Standards. Driveways that connect with a road
or roads at more than one point may be considered as having
a turnaround if all changes of direction meet the radii
requirements for driveway turnarounds.
feet from all portions of the exterior walls of the building
and be approved by the code official. The distance shall be
measured along an unobstructed line of travel.
Water sources shall have a minimum usable water
volume as determined by the adequate water supply needs in
accordance with Section 4715.4. This water source shall be
equipped with an approved hydrant. The water source shall
be provided and maintained by a recognized water purveyor,
mutual water company or water pumped from a well. The
design, construction, location, water level maintenance,
access, and access maintenance of man-made water sources
shall be approved by the code official.
Driveway turnouts shall be anall-weather road surface
at least 10 feet (3048 mm) wide and 30 feet (9144 mm)
long. Driveway turnouts shall be located as required by the
code official.
Vehicle load limits shall be posted at both entrances to
bridges on driveways and private roads. Design loads for
bridges shall be established by the code official.
Add Section 4714.3 to read:
4714.3 Fire Apparatus Access Roads. Fire apparatus
access roads shall be all weather roads with a minimum
width of 20 feet (6096 mm) and a cleaz height of 13 feet 6
inches (4115 mm); and shall be designed in accordance with
Fire Department Standazds. Dead-end roads in excess of 150
feet (45 720 mm) in length shall be provided with
turnazounds designed in accordance with Fire Department
Standards. An all-weather road surface shall be any surface
material acceptable to the code official.
Add Section 4715 to read: (Ord. 2020, (part), 2007)
16.40.500 Water supply.
Add Section 4715.1 to read:
4715.1 General. Buildings and structures, or portions
thereof, hereafter constructed or relocated into or within
wildland-urban interface areas shall be provided with fire
protection water supplies in accordance with this chapter.
Exception: Buildings containing only private garages,
carports, sheds and agricultural buildings with a building
area of not more than 500 squaze feet (56 m2).
Add Section 4715.2 to read:
4715.2 Water Sources. The point at which a water
source is available for use shall be located not more than 600
Add Section 4715.3 to read:
4715.3 Hydrants. All hydrants shall be designed and
constructed in accordance with nationally recognized
standards. The location and access shall be approved by the
code official.
Add Section 4715.4 to read:
4715.4 Adequate Water Supply. Adequate fire
protection water supplies shall be as follows:
1. One- And Two-Family Dwellings. The required
fire protection water supply for one- and two- family
dwellings shall be in accordance with Appendix B.
The water supply duration need not exceed 30 minutes.
2. Buildings Other Than One- And Two-Family
Dwellings. The water supply required for buildings other
than one-and two-family dwellings shall be in accordance
with Appendix B.
Exception: The water supply duration need not exceed
2 hours.
Add Section 4715.5 to read:
4715.5 Obstructions. Access to all water sources
required by this code shall be unobstructed at all times. The
code official shall not be deterred or hindered from gaining
immediate access to water source equipment, fue protection
equipment or hydrants.
Add Section 4715.6 to read:
4715.6 Identification. Water sources, hydrants and
fue protection equipment shall be clearly identified in a
2008 S-15
16.40.500 Cupertino -Buildings and Construction 70
manner approved by the code official to identify location and Add Section 4716.2 to read:
to prevent obstruction by parking and other obstructions.
4716.2 New Buildings. An approved automatic fire
Add Section 4715.7 to read: sprinkler system shall be provided throughout all new
buildings located in the wildland-urban interface area.
4715.7 Testing And Maintenance. Water sources,
hydrants and other fire protection equipment required by this
code shall be subject to periodic tests as required by the code
official. All such equipment installed under the provisions of
this code shall be maintained in an operative condition at all
times and shall be repaired or replaced where defective.
Additions, repairs, alterations and servicing of such fire
protection equipment and resources shall be in accordance
with approved standazds.
Add Section 4715.8 to read:
Exception: Accessory structures to single-family
residences that are non-residential and that have a gross
floor azea of 500 squaze feet or less.
Add Section 4716.3 to read:
4716.3 Existing Buildings. An approved automatic
fire sprinkler system shall be provided throughout all
existing buildings located in the wildland-urban interface
area when modifications are made that increase the gross
floor area.
4715.8 Clearance Of Fuel. Defensible space shall be
provided around water tank structures, water supply pumps
and pump houses in accordance with Section 4707.
Add Section 4715.9 to read:
4715.9 Standby Power. Stationary water supply
facilities within the wildland-urban interface area dependent
on electrical power to meet adequate water supply demands
shall provide standby power systems in accordance with the
Electrical Code to ensure that an uninterrupted water supply
is maintained. The standby power source shall be capable of
providing power for a minimum of two hours.
Exceptions:
1. When approved by the code official, a standby
power supply is not required where the primary power
service to the stationary water supply facility is
underground.
2. A standby power supply is not required where the
stationary water supply facility serves no more than one
single-family dwelling.
Add Section 4716 to read: (Ord. 2020, (part), 2007)
16.40.550 Automatic fire sprinkler systems.
Add Section 4716.1 to read:
4716.1 General. Buildings and structures located in
wildland-urban interface azeas shall be provided
with automatic fire sprinkler protection in accordance with
this chapter.
Exception: One-time additions to existing buildings
made after 01/01/08 that do not exceed 500 square feet in
gross floor azea.
Add Section 4717 to read: (Ord. 2020, (part), 2007)
16.40.560 General requirements for suppression
and control.
Add Section 4717.1 to read:
4717.1 General.
Add Section 4717.1.1 to read:
4717.1.1 Scope. The provisions of this chapter
establish general requirements applicable to new and
existing properties located within wildland-urban interface
areas.
Add Section 4717.1.2 to read:
4717.1.2 Objective. The objective of this appendix is
to provide necessary fire-protection measures to reduce the
threat of wildfire in an wildland-urban interface area and
improve the capability of controlling such fires.
Add Section 4717.2 to read:
4717.2 Vegetation Control.
4717.2.1 General. Vegetation control shall comply
with Sections 4717.2.2 through 4717.2.5.
Add Section 4717.2.1 to read:
2008 S-15
71 Fire Code 16.40.560
Add Section 4717.2.2 to read:
4717.2.2 Maintenance Of Defensible Space.
Add Section 4717.2.2.1 to read:
4717.2.2.1 General. Defensible spaces required by
4707 shall be maintained in accordance with Section
4717.2.2.
Add Section 4717.2.2.2 to read:
4717.2.2.2 Modified Area. Non-fire-resistive
vegetation or growth shall be kept cleaz of buildings or
structures, in accordance with Section 4707(?), in such a
manner as to provide a clear area for fire suppression
operations.
Add Section 4717.2.2.3 to read:
4717.2.2.3 Responsibility. Persons owning, leasing,
controlling, operating or maintaining buildings or structures
aze responsible for maintenance of defensible spaces.
Maintenance of the defensible space shall include modifying
orremoving nonfire-resistive vegetation and keeping leaves,
needles and other dead vegetative material regularly
removed from roofs of buildings and structures.
Add Section 4717.2.2.4 to read:
4717.2.2.4 Trees. Tree crowns extending to within 10
feet (3048 mm) of any structure shall be pruned to maintain
a minimum horizontal cleazance of 10 feet (3048 mm). Tree
crowns within the defensible space shall be pruned to
remove limbs located less than 6 feet (1829 mm) above the
ground surface adjacent to the trees.
Portions of tree crowns that extend within 10 feet
(3048 mm) of the outlet of a chimney shall be pruned to
maintain a minimum horizontal clearance of 10 feet (3048
mm).
trees.
Deadwood and litter shall be regularly removed from
Add Section 4717.2.3 to read:
4717.2.3 Clearance Of Brush Or Vegetative Growth
From Roadways. The code official is authorized to require
azeas within 10 feet (3048 mm) on each side of portions of
fire apparatus access roads and driveways to be cleared of
non-fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental
vegetative fuels or cultivated ground cover, such as green
grass, ivy, succulents or similaz plants used as ground
cover, provided they do not form a means of readily
transmitting fire.
Add Section 4717.2.4 to read:
4717.2.4 Clearance Of Brush And Vegetative
Growth From Electrical Transmission And Distribution
Lines.
Add Section 4717.2.4.1 to read:
4717.2.4.1 General. Clearance of brush and vegetative
growth from electrical transmission and distribution lines
shall be in accordance with Section 4717.2.4.
Exception: Section 4717.2.4 does not authorize
persons not having legal right of entry to enter on or damage
the property of others without consent of the owner.
Add Section 4717.2.4.2 to read:
4717.2.4.2 Support Clearance. Persons owning,
controlling, operating or maintaining electrical transmission
or distribution lines shall have an approved program in place
that identifies poles or towers with equipment and hardware
types that have a history of becoming an ignition source, and
provides a combustible free space consisting of a clearing of
not less than 10 feet (3048 mm) in each direction from the
outer circumference of such pole or tower during such
periods of time as designated by the code official.
Exception: Lines used exclusively as telephone,
telegraph, messenger call, alarm transmission or other lines
classed as communication circuits by a public utility.
Add Section 4717.2.4.3 to read:
4717.2.4.3 Electrical Distribution And Transmission
Line Clearances.
Add Section 4717.2.4.3.1 to read:
4717.2.4.3.1 General. Clearances between vegetation
and electrical lines shall be in accordance with 4717.2.4.3.
2008 S-15
16.40.560 Cupertino -Buildings and Construction
Add Section 4717.2.4.3.1 to read: Add Table 4717.2.4.3.2 to read:
4717.2.4.3.2 Trimming Clearance. At the time of
trimming, clearances not less than those established by Table
4717.2.4.3.2 shall be provided. The radial clearances shown
below are minimum clearances that shall be established, at
time of trimming, between the vegetation and the energized
conductors and associated live parts.
Add Table 4717.2.4.3.2 to read:
TABLE 4717.2.4.3.2
MINIMUM CLEARANCES BETWEEN VEGETATION
AND ELECTRICAL LINES AT TIME OF TRIMMING
Line voltage Minimum radial clearance
from conductor (feet)
2,400 - 72,000 4
72,001 - 110,000 6
110,001 - 300,000 10
300,001 or more 15
For SI: 1 foot = 304.8 mm.
Exception: The code official is authorized to establish
minimum clearances different than those specified by Table
4717.2.4.3.2 when evidence substantiating such other
clearances is submitted to and approved by the code official.
Add Section 4717.2.4.3.3 to read:
4717.2.4.3.3 Minimum Clearance To Be
Maintained. Clearances not less than those established by
Table 4717.2.4.3.3 shall be maintained during such periods
of time as designated by the code official. The site-specific
clearance achieved, at time of pruning, shall vary based on
species growth rates, the utility company-specific trim cycle,
the potential line sway due to wind, line sag due to electrical
loading and ambient temperature and the tree's location in
proximity to the high voltage lines.
72
TABLE 4717.2.4.3.3
MINIMUM CLEARANCES BETWEEN VEGETATION
AND ELECTRICAL LINES TO BE MAINTAINED
Line voltage Minimum clearance
(inches)
750 - 35,000 6
35,001 - 60,000 12
60,001 - 115,000 19
115,001 - 230,000 30.5
230,001 - 500,000 115
For SI: 1 inch = 25.4 mm.
Add Section 4717.2.4.3.4 to read:
4717.2.4.3.4 Electrical Power Line Emergencies.
During emergencies, the utility shall perform the required
work to the extent necessary to clear the hazard. An
emergency can include situations such as trees falling into
power lines, or trees in violation of Table 4717.2.3.3.3.
Add Section 4717.2.5 to read:
4717.2.5 Correction Of Condition. The code official
is authorized to give notice to the owner of the property on
which conditions regulated by Section 4717.2 exist to
correct such conditions. If the owner fails to correct such
conditions, the legislative body of the .jurisdiction is
authorized to cause the same to be done and make the
expense of such correction a lien on the property where such
condition exists.
Add Section 4717.3 to read:
4717.3 Access Restrictions
Exception: The code official is authorized to establish
minimum clearances different than those specified by
4717.2.4.3.3.3 when evidence substantiating such other
clearances is submitted to and approved by the code official.
Add Section 4717.3.1 to read:
4717.3.1 Restricted Entry To Public Lands. The
code official is authorized to determine and publicly
announce when wildland-urban interface areas shall be
closed to entry and when such areas shall again be opened to
entry. Entry on and occupation of wildland-urban interface
areas, except public roadways, inhabited areas or established
2008 S-15
73 Fvre Code 16.40.560
trails and campsites that have not been closed during such
time when the wildland-urban interface area is closed to
entry, is prohibited.
the property owners. Vehicles shall not be parked in a
manner that obstructs the entrance to a fire road or
defensible space.
Exceptions:
1. Residents and owners of private property within
wildland-urban interface areas and their invitees and guests
going to or being on their lands.
2. Entry, in the course of duty, by peace or police
officers, and other duly authorized public officers, members
of a fire department and members of the Wildland
Firefighting Service.
Add Section 4717.3.2 to read:
4717.3.2 Trespassing On Posted Private Property.
Add Section 4717.3.2.1 to read:
4717.3.2.1 General. When the code official
determines that a specific area within anwildland-urban
interface area presents an exceptional and continuing fire
danger because of the density of natural growth, difficulty
of terrain, proximity to structures or accessibility to the
public, such areas shall be restricted or closed until changed
conditions warrant termination of such restriction or closure.
Such areas shall be posted in accordance with Section
4717.3.2.2.
Add Section 4717.3.2.2 to read:
4717.3.2.2 Signs. Approved signs prohibiting entry by
unauthorized persons and referring to this code shall be
placed on every closed azea.
Add Section 4717.3.2.3 to read:
4717.3.2.3 Trespassing. Entering and remaining
within areas closed and posted is prohibited. Exception:
Owners and occupiers of private or public property within
closed and posted areas; their guests or invitees; authorized
persons engaged in the operation and maintenance of
necessary utilities such as electrical power, gas, telephone,
water and sewer; and local, state and federal public officers
and their authorized agents acting in the course of duty.
Add Section 4717.3.3 to read:
4717.3.3 Use Of Fire Roads And Defensible Space.
Motorcycles, motor scooters and motor vehicles shall not be
driven or parked on, and trespassing is prohibited on, fire
roads or defensible space beyond the point where travel is
restricted by a cable, gate or sign, without the permission of
Exception: Public officers acting within their scope of
duty. Radio and television aerials, guy wires thereto, and
other obstructions shall not be installed or maintained on fue
roads or defensible spaces, unless located 16 feet (4877 mm)
or more above such fire road or defensible space.
Add Section 4717.3.4 to read:
4717.3.4 Use Of Motorcycles, Motor Scooters, Ultra
light Aircraft And Motor Vehicles. Motorcycles, motor
scooters, ultra light aircraft and motor vehicles shall not be
operated within wildland-urban interface azeas, without a
permit by the code official, except on clearly established
public or private roads. Permission from the property owner
shall be presented when requesting a permit.
Add Section 4717.3.5 to read:
4717.3.5 Tampering With Locks, Barricades, Signs
And Address Markers. Locks, bazricades, seals, cables,
signs and address markers installed within wildland-urban
interface areas, by or under the control of the code official,
shall not be tampered with, mutilated, destroyed or
removed.
Gates, doors, barriers and locks installed by or under
the control of the code official shall not be unlocked.
Add Section 4717:4 to read:
4717.4 Ignition Source Control
Add Section 4717.4.1 to read:
4717.4.1 General. Ignition sources shall be in
accordance with Section 4717.4.
Add Section 4717.4.2 to read:
4717.4.2 Objective. Regulations in this section are
intended to provide the minimum requirements to prevent
the occurrence of wildfires.
Add Section 4717.4.3 to read:
4717.4.3 Clearance From Ignition Sources.
Clearance between ignition sources and grass, brush or other
combustible materials shall be maintained a mmimum of 30
feet (9144 mm).
2008 S-15
16.40.560 Cupertino -Buildings and Construction 74
Add Section 4717.4.4 to read: 1. When high winds are blowing,
2. When a person 17 years old or over is not present
4717.4.4 Smoking. When required by the code at all times to watch and tend such fire, or
official, signs shall be posted stating NO SMOKING. No 3. When a public announcement is made that open
person shall smoke within 15 feet (4572 mm) of combustible burning is prohibited.
materials or non-fire-resistive vegetation.
Exception: Places of habitation or in the boundaries
of established smoking areas or campsites as designated by
the code official.
Add Section 4717.4.5 to read:
Add Section 4717.4.7.3 to read:
4717.4.7.3 Restrictions. No person shall use a
permanent babbecue, portable barbecue, outdoor fireplace or
grill for the disposal of rubbish, trash or combustible waste
material.
4717.4.5 Equipment And Devices Generating Heat,
Sparks Or Open Flames. Equipment and devices
generating heat, spazks or open flames capable of igniting
nearby combustibles shall not be used in wildland-urban
interface azeas without a permit from the code official.
Exception: Use of approved equipment in habiaated
premises or designated campsites that are a minimum of 30
feet (9144 mm) from grass-, grain-, brush- or forest-covered
azeas.
Add Section 4717.4.6 to read:
4717.4.6 Fireworks. Fireworks shall not be used or
possessed in wildland-urban interface azeas.
Add Section 4717.4.7 to read:
4717.4.7 Outdoor Fires.
Add Section 4717.4.7.1 to read:
4717.4.7.1 General. No person shall build, ignite or
maintain any outdoor fire of any kind for any purpose in or
on any wildland-urban interface area, except by the
authority of a written permit from the code official.
Exception: Outdoor fires within inhabited premises or
designated campsites where such fires are in a permanent
barbecue, portable barbecue, outdoor fireplace or grill and
aze a minimum of 30 feet (9144 mm) from any combustible
material or non-fire-resistive vegetation.
Add Section 4717.4.7.2 to read:
4717.4.7.2 Permits. Permits shall incorporate such
terms and conditions that will reasonably safeguard public
safety and property. Outdoor fires shall not be built, ignited
or maintained in or on hazardous fire areas under the
following conditions:
Add Section 4717.4.8 to read:
4717.4.8 Outdoor Fireplaces, Permanent Barbecues
And Grills. Outdoor fireplaces, permanent bazbecues and
grills shall not be built, installed or maintained in wildland-
urban interface azeas without approval of the code official.
Outdoor fireplaces, permanent bazbecues and grills
shall be maintained in good repair and in a safe condition at
all times. Openings in such appliances shall be provided with
an approved spazk arrestor, screen or door.
Exception: When approved by the code official,
unprotected openings in barbecues and grills necessary for
proper functioning.
Add Section 4717.4.9 to read:
4717.4.9 Reckless Behavior. The code official is
authorized to stop any actions of a person or persons if the
official determines that the action is reckless and could result
in an ignition of fire or spread of fire.
Add Section 4717.4.10 to read:
4717.4.10 Planting Vegetation Under Or Adjacent
To Energized Electrical Lines. No vegetation shall be
planted under or adjacent to energized power lines that, at
maturity, shall grow within 10 feet (3048 mm) of the
energized conductors.
Add Section 4717.5 to read:
4717.5 Control of Storage
Add Section 4717.5.1 to read:
4717.5.1 General. In addition to the requirements of
the International Fire Code, storage and use of the materials
shall be in accordance with Section 4717.5.
2008 5-15
74A Fire Code 16.40.560
Add Section 4717.5.2 to read:
4717.5.2 Hazardous Materials. Hazardous materials
in excess of 10 gallons (37.8 L) of liquid, 200 cubic feet
(5.66 m 3) of gas, or 10 pounds (4.54 kg) of solids require
a permit and shall comply with nationally recognized
standazds for storage and use.
Add Section 4717.5.2.1 to read:
4717.5.2.1 Liquefied Petroleum Gas Installations
4717.5.4.3 Separation. A clear space of at least 40
feet (12 192 mm) shall be provided between piles. The clear
space shall not contain combustible material or non-fire-
resistive vegetation.
Add Section 4717.5.4.4 to read:
4717.5.4.4 Storage Of Firewood And Combustible
Materials.
Add Section 4717.5.2.1.1 to read:
4717.5.2.1.1 General. The storage of liquefied
petroleum gas (LP gas) and the installation and maintenance
of pertinent equipment shall be in accordance with the
California Fire Code and recognized standards.
Add Section 4717.5.2.1 to read:
4717.5.2.1.2 Location of Containers. LP-gas
containers shall be located within the defensible space in
accordance with the California Fire Code.
Add Section 4717.5.3 to read:
4717.5.3 Explosives. Explosives shall not be
possessed, kept, stored, sold, offered for sale, given away,
used, discharged, transported or disposed of within
wildland-urban interface areas.
Add Section 4717.5.4 to read:
4717.5.4 Combustible Materials.
Add Section 4717.5.4.1 to read:
4717.5.4.1 General. Outside storage of combustible
materials such as, but not limited to, wood, rubber tires,
building materials or paper products shall comply with the
other applicable sections of this code and this section.
Add Section 4717.5.4.2 to read:
4717.5.4.2 Individual Piles. Individual piles shall not
exceed 5,000 square feet (465 m 2) of contiguous azea. Piles
shall not exceed 50,000 cubic feet (1416 m 3) in volume or
10 feet (3048 mm) in height.
Add Section 4717.5.4.3 to read:
Add Section 4717.5.4.4.1 to read:
4717.5.4.4.1 General. Firewood and combustible
material shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies
or other projections or overhangs. When required by the
code official, storage of firewood and combustible material
stored in the defensible space shall be located a minimum of
20 feet (6096 mm) from structures and separated from the
crown of trees by a minimum horizontal distance of 15 feet
(4572 mm).
Add Section 4717.5.4.4.2 to read:
4717.5.4.4.2 Storage For Off-Site Use. Firewood and
combustible materials not for consumption on the premises
shall be stored so as to not pose a hazard.
Add Section 4717.6 to read:
4717.6 Dumping.
Add Section 4717.6.1 to read:
4717.6.1 Waste Material. Waste material shall not be
placed, deposited or dumped in wildland-urban interface
areas, or in, on or along trails, roadways or highways or
against structures in wildland-urban interface areas.
Exception: Approved public and approved private
dumping areas.
Add Section 4717.6.2 to read:
4717.6.2 Ashes And Coals. Ashes and coals shall not
be placed, deposited or dumped in or on wildland-urban
interface azeas.
Exceptions:
1. In the hearth of an established fire pit, camp
stove or fireplace.
2008 5-15
16.40.560 Cupertino -Buildings and Construction 74B
2. In a noncombustible container with a tight fitting
lid, which is kept or maintained in a safe location
not less than 10 feet (3048 mm) from non-fire-
resistive vegetation or structures.
3. Where such ashes or coals are buried and
covered with 1 foot (305 mm) of mineral earth
not less than 25 feet (7620 mm) from non-fire-
resistive vegetation or structures.
capable of providing power for a minimum of two hours in
accordance with the Electrical Code.
Exception: A standby power source is not required
where the primary power service to pumps are underground
as approved by the code official.
Add Section 4717.7.8 to read:
Add Section 4717.7 to read:
4717.7 Protection Of Pumps And Water Storage
Facilities.
Add Section 4717.7.1 to read:
4717.7.1 General. The reliability of the water supply
shall be in accordance with Section 4717.7.
Add Section 4717.7.2 to read:
4717.7.2 Objective. The intent of this section is to
increase the reliability of water storage and pumping
facilities and to protect such systems against loss from
intrusion by fire.
Add Section 4717.7.3 to read:
4717.7.3 Fuel Modification Area. Water storage and
pumping facilities shall be provided with a defensible space
of not less than 30 feet (9144 mm) clear of non-fire-resistive
vegetation or growth azound and adjacent to such facilities.
Persons owning, controlling, operating or maintaining
water storage and pumping systems requiring this defensible
space are responsible for clearing and removing nonfire-
resistive vegetation and maintaining the defensible space on
the property owned, leased or controlled by said person.
Add Section 4717.7.4 to read:
4717.7.4 Trees. Portions of trees that extend to within
30 feet (9144 mm) of combustible portions of water storage
and pumping facilities shall be removed.
Add Section 4717.7.5 to read:
4717.7.5 Protection Of Electrical Power Supplies.
When electrical pumps are used to provide the required
water supply, such pumps shall be connected to a standby
power source to automatically maintain electrical power in
the event of power loss. The standby power source shall be
4717.8 Land Use Limitations
Add Section 4717.8.1 to read:
4717.8.1 General. Temporary fairs, carnivals, public
exhibitions and similar uses must comply with all other
provisions of this code in addition to enhanced ingress and
egress requirements.
Add Section 4717.8.2 to read:
4717.8.2 Objective. The increased public use of land
or structures in wildland-urban interface areas also increases
the potential threat to life safety. The provisions of this
section are intended to reduce that threat.
Add Section 4717.8.3 to read:
4717.8.3 Permits. Temporary fairs, carnivals, public
exhibitions or similaz uses shall not be allowed in a
designated wildland-urban interface azea, except by permit
from the code official.
Permits shall incorporate such terms and conditions
that will reasonably safeguazd public safety and property.
(Ord. 2020, (part), 2007)
APPENDIX CHAPTER 1
16.40.570 Permits.
Section 105.1.4 is added to read as follows:
105.1.4 Construction permit fees. Construction
permit fees and plan review fees for fire hydrant systems,
fire extinguishing systems and fire alarm systems shall be
paid to the Santa Clara County Fire Department in
accordance with the following table based on valuation. The
valuation shall be limited to the value of the system for
which the permit is being issued. Plan review fees aze 65
of the Permit Fee amount. For the purposes of determining
the total fee amount for each permit, the plan review fee
shall be added to the Permit Fee.
2008 S-15
74C Fii•e Code 16.40.570
TOTAL PERMIT FEE
VALUATIONS
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00
plus $3.05 for each
additional $100.00, or
fraction thereof, to and
including $2,000.00
$2001.00 TO $69.25 for the first
$25,000.00 $2,000.00 plus $14.00 for
each additional $1,000.00
or fraction thereof, to and
including $25,000.00
$25,001.00 TO $391.25 for the first
$50,000.00 $25,000.00 plus $10.10 for
each additional $1,000.00,
or fraction thereof, to and
including $50,000.00
$50,001.00 TO $643.75 for the first
$100,000.00 $50,000.00 plus $7.00 for
each additional $1,000.00,
or fraction thereof, to and
including $100,000.00
$100,001.00 to $993.75 for the first
$500,000.00 $100,000.00 plus $5.60 for
each additional $1,000.00,
or fraction thereof, to and
including $500,000.00
$500,001 to $3,233.75 for the first
$1,000,000.00 $500,000.00 plus $4.75 for
each additional $1,000.00,
or fraction thereof, to and
including $1,000,000.00
$1,000,001 and up $5,608.75 for the first
$1,000,000.00 plus $3.15
for each additional
$1,000.00, or fraction
thereof
Additional re-inspections, in connection with the
permits above, are to be paid at $30.00 for each
occurrence at the discretion of the fire code official.
Section 105.1.5 is added to read as follows: (Ord.
2020, (part), 2007)
16.40.580 105.1.5: Operational permit fees.
Operational permit fees shall be paid to the Santa Clara
County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. Over 50 persons $100.00 -
Annually
B. More than 6 persons $ 75.00 -
Annually
2. Day Care Facilities
More than 6 clients $35.00 -
Annually
3. Places of Assembly
A. 50-300 persons $50.00-
Annually
B. Over 300 persons $$5.00 -
Annually
4. Temporary Membrane $85.00 -Each
Structures, Tents and Canopies occurrence
(Only those requiring permits
in accordance with Section
105.6.43).
(Ord. 2020, (part), 2007)
16.40.590 Section 105.6.8: Compressed gases.
Section 105.6.8 is amended to read as follows:
105.6.8 COMPRESSED GASES. An operational
permit is required for the storage, use or handling at normal
temperature and pressure (NPT) of compressed gases in
excess of the amounts listed in Appendix Chapter 1, Table
105.6.8, to install any piped distribution system for
compressed gases, or to install anon-flammable medical gas
manifold system. A permit is required to install, repair,
abandon, remove, place temporarily out of service, close or
substantially modify a compressed gas system.
Exceptions:
1. Vehicles equipped for and using compressed gas
as a fuel for propelling the vehicle.
2. Routine maintenance.
2008 S-15
16.40.590 Cupertino -Buildings and Construction 74D
For emergency repair work performed on an
emergency basis, application for permit shall be
made within two working days of commencement
of work.
Inert and simple asphyxiants at or below the
amounts listed in Table 105-A.
The permit applicant shall apply for approval to close
storage, use or handling facilities at least 30 days prior to
the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall
include any change or alteration of the facility closure plan
filed pursuant to Section 8001.13. This 30-day period may
be waived by the chief if there are special circumstances
requiring such waiver. (Ord. 2020, (part), 2007)
16.40.600 Section 105.6.10: Cryogenic fluids.
Section 105.6.10 is amended to read as follows:
105.6.10 Cryogenic fluids. An operational permit is
required to produce, store transport on site, use, handle or
dispense cryogenic fluids in excess of the amounts listed in
Appendix Chapter 1, Table 105.6.10 or to install a
cryogenic vessel or piping system for the storage or
distribution of cryogens.
Exception:
Permits are not required for vehicles equipped for and
using cryogenic fluids as a fuel for propelling the vehicle or
for refrigerating the lading. (Ord. 2020, (part), 2007)
16.40.610 Table 105.6.20.
Amend Table 105.6.20 to read:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases
Liquids
Solids
See Section 105.6.8
55 gallons
500 pounds
Cryogens See Section 105.6.10
Explosive materials See Section 105.6.14
TYPE OF MATERIAL AMOUNT
Flammable materials:
Gases See Section 105.6.8
Liquids See Section 105.6.16
Solids 10 pounds
Highly toxic materials: Gases
Liquids Any amount
Solids Any amount
Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-1V Any Amount
Liquids: Class V No Permit Required
Solids: Class I-lV Any Amount
Solids: Class V No Permit Required
Oxidizing materials:
Gases 504 Cubic Feet
Liquids Any amount
Solids Any amount
Pyrophoric materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Toxic materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Unstable (reactive) materials: Any amount
Gases Any amount
Liquids Any amount
Solids
Water reactive materials:
Liquids Any amount
Solids Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
a. 20 gallons when Table 2703.1.1(1) Note k
applies and hazazd identification signs in accordance with
Section 2703.5 are provided for quantities of 20 gallons or
less.
b. 200 pounds when Table 2703.1.1(1) Note k
applies and hazazd identification signs in accordance with
Section 2703.5 aze provided for quantities of 200 pounds or
less.
2008 5-15
74E Fu•e Code 16.40.600
Section 105.6.48 is added to read as follows: (Ord.
2020, (part), 2007)
16.40.620 105.6.48: Day care facility.
An operational permit is required to operate a business
as a day care facility for more than 6 people. (Ord. 2020,
(part), 2007)
16.40.630 Section 105.6.49: Institutional.
Section 105.6.49 is added to read as follows:
105.6.49: Institutional. A permit is required to
operate, maintain, or use any institutional type occupancy.
For the purpose of this Section, an institution shall be, but
is not limited to: hospitals, children's home, home or
institution for insane or mentally retarded persons, home or
institution for the care of aged or senile persons, sanitarium,
nursing or convalescent home, certified family care homes,
residential care homes for the elderly, out of home
placement facilities, halfway house, and day care nurseries
or similar facility of any capacity. (Ord. 2020, (part), 2007)
16.40.640 Section 106.5: Final inspection.
Section 106.5 is added to read as follows:
106.5 Final Inspection. No final inspection as to all
or any portion of a development shall be deemed completed
until the installation of the required fire protection facilities
and access ways have been completed and approved. No
final certificate of occupancy may be granted until the Fire
Department issues notice of final clearance of such fire
protection facilities and access ways to the Building
Department. (Ord. 2020, (part), 2007)
VIOLATIONS
16.40.640 Delete Section: 109.3 Violation penalties
2008 S-15
16.70.010
CHAPTER 16.70: UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS CODE ADOPTED
Section
16.70.010 Adopted by reference.
16.70.010 Adopted by Reference.
The " 1997 Uniform Code for the Abatement of
Dangerous Buildings Code"one copy of which is on file in
the office of the Building Department for use and
examination by the public, excepting those provisions noted
in this chapter, is adopted by reference. (Ord. 2019, (part),
2007)
2008 S-15 97
19.28.010
CHAPTER 19.28: SINGLE-FA]1~II,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
(Rl-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. 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-lsingle-family residence district
other than in conformance with the provisions of this chapter
and other applicable provisions of this title. (Ord. 1954,
(part), 2005; Ord. 1860, § 1(part), 2000; Ord. 1834, (part),
1999; Ord. 1601, Exh. A (part), 1992)
19.28.030 Permitted Uses.
The following uses shall be permitted in the R-1 single-
family residence district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standards and procedures described in Chapter
19.82, 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, gazdening, and growing of food
products for consumption by occupants of the site;
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 care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two adult dogs
or cats may be kept on the site;
I. Utility facilities essential to provision of utility
services to the neighborhood but excluding business offices,
construction or storage 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
caze home. The Director of Community Development or
his/her designee shall administratively approve lazge day
caze homes to ensure compliance with the pazking and
proximity requirements;
K. Congregate residence with ten or less residents.
(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)
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;
29
2005 S-4
19.28.040 Cupertino -Zoning 30
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 azea;
2. Group Gaze 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 depaztment 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. 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.
2008 5-15
1. Lot azea 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
Rl 6 6,000
R1 7.5 7,500
R1 10 10,000
R 1 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 shall be 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
shall be developed in accordance with the following site
development standards:
a. Site Grading.
i. All site grading shall be 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
30A Single-Family Residential (R1) Zones 19.28.050
requiring grading, but does not include basements. The
graded area shall be limited to the building pad area to the
greatest extent possible. Grading quantities for multiple
driveways shall be 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
chazged against the grading quantity allowed for that lot
development. A maximum of two thousand squaze feet of~
flat yazd area, excluding driveways, may be graded.
ii. All cut and fill areas shall be 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, shall 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 yazds, the applicant shall be required to
obtain a Site and Architectural approval from the Planning
Commission.
b. Floor Area.
i. The maximum floor area ratio shall be 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 squaze 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 azea 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 shall be 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 yazd
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 squaze 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. 2011, 2007; Ord.
2000, 2007; Ord. 1954, (part), 2005; Ord. 1886, (part),
2001; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000;
Ord. 1834, (part), 1999; Ord. 1635, § 1 (part), 1993; Ord.
1601, Exh. A (part), 1992)
19.28.060 Development Regulations (Building).
A. Lot Coverage. The maximum lot coverage shall
be forty-five percent of the net lot area. An additional five
percent of lot coverage is allowed for roof overhangs,
patios, porches and other similaz 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 squaze
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.
2008 S-15
31 Comprehensive Ordinance List
Ord. No. Ord. No.
1704 Adds intersection to § 11.20.030 and repeals §§ 9.06.120, 9.06.130,
deletes intersection from § 11.20.020, 9.06.140 and 9.06.150, massage
stop signs (11.20) establishments and services (9.06)
1705 Adds §§ 5.28.045, 5.28.165 and 1713 Rezone (Special)
5.28.175, taxicabs; amends 1714 Amends Ch. 2.74, Cupertino
§§ 2.80.020(A), fine arts commission, telecommunications commission (2.74)
3.04.040, revenue and fmance, 1715 Amends §§ 14.18.020, 14.18.030,
3.08.090, sales and use tax, 14.18.140, 14.18.170, heritage and
3.12.020(G), transient occupancy tax, specimen trees, and 19.48.110B,
5.16.040, 5.16.050, garage and patio zoning (14.18, 19.48)
sales, 5.28.070(F), (G), (H) and (N), 1716 Rezone and prezone (Special)
5.28.080, 5.28.100, 5.28.110, 1717 Rezone (Special)
5.28.130(A), 5.28.170, taxicabs, 1718 Amends § 11.24.160, stopping,
5.32.020, 5.32.030, 5.32.050, standing and pazking (11.24)
5.32.060, 5.32.080, 5.32.110, 1719 (Number not used)
5.32.160, 5.32.190, 5.32.200(C), 1720 Adds subsection M to § 17.15.010 and
5.32.280(B) and (C), 5.32.300(A) and E to § 17.32.060; amends
(B), bingo, 5.40.010, 5.40.020, §§ 17.32.060(C) and (D) and
5.40.030 and the title of Ch. 5.40, 17.32.070(E), signs (17.16, 17.32)
secondhand dealers and pawnbrokers; 1721 Rezone (Special)
repeals §§ 3.04.050, 3.04.060, 1722 Adds §§ 5.28.070(0), 5.28.100(E),
3.04.070, 3.04.080, 3.08.130, 5.28.165(D) and (E); amends
3.08.140, Ch. 3.09, 3.12.030(B), Ch. §§ 2.74.010, 2.74.020(A), 2.74.040,
3.16, Ch. 3.20, 3.32.100, 3.34.180, 2.74.050, 2.74.060, 2.74.070,
5.04.220, 5.04.520, Ch. 5.08, 2.86.010, 2.86.020, 2.86.030,
5.16.042, Ch. 5.24, 5.32.070, Ch. 2.86.060, 2.86.070, 2.86.100,
5.36, 5.40.040, 5.40.050, 5.40.060 2.86.110, 2.86.120, 5.28.070(N),
and 5.40.070 (2.80, 3.04, 3.08, 3.12, 5.28.180 and titles of Chs. 2.74 and
5.16, 5.28, 5.32, 5.40) 2.86; repeals Chs. 6.04 and 9.16 and
1706 Repeals and replaces Ch. 16.04, §§ 2.74.080(B), 3.08.190, 3.08.200,
building code adopted (16.04) 6.08.080, 6.08.090, 6.08.100,
(16.04.110, 16,04.140, Repealed by 6.12.080, 6.12.090, 6.12.100,
Ord. 2021) 6.16.060, 6.20.060, 6.24.350,
1707 Repeals and replaces Ch. 16.16, 9.08.120, 9.12.140 and article titles of
electrical code adopted (16.16) Ch. 9.12 (2.74, 2.86, 3'.08, 5.28,
1708 Repeals and replaces Ch. 16.20, 9.12)
plumbing code adopted (16.20) 1723 Amends § 3.32.040, construction tax
1709 Repeals and replaces Ch. 16.24, (3.32)
mechanical code adopted (16.24) 1724 Amends § 11.24.150, parking (11.24)
1710 Repeals and replaces Ch. 16.56, 1725 Adds § 19.40.145 and amends the
uniform housing code adopted (16.56) defmitions section of Ch. 19.08
1711 Repeals and replaces Ch. 16.40, fire [§ 19.08.030] and §§ 19.40.020,
code (Repealed by 1828) 19.40.050(B) and (F)(1), 19.40.060(C)
1712 Urgency ordinance; adds and (F)[E], 19.40.070(A) and
§§ 9.06.090(B)(7) and (8), 9.06.245 19.40.140, zoning (19.08, 19.40)
and 9.06.275; amends §§ 9.06.010(A), 1726 (Not passed)
9.06.020(E) and (G), 9.06.040, 1727 Amends § 11.24.150, parking (11.24)
9.06.070(2), 9.06.080, 9.06.090(B), 1728 Amends §§ 2.16.010, 2.16.020 and
9.06.110(B), 9.06.160, 9.06.170, 2.16.030, city council salazies (2.16)
9.06.230, 9.06.240 and 9.06.260; and 1729 Amends § 11.24.150, parking (11.24)
2008 S-15
Cupertino -Comprehensive Ordinance List
32
Ord. No. Ord. No.
1730 Amends § 11.20.020, stop signs 1732 Rezone (Special)
(11.20) 1733 Mobile vendor permits (5.48)
1731 Adds §§ 11.27.145, 14.12.035, 1734 Rezone (Special)
14.12.055, 14.12.085, 14.12.090, 1735 Rezone (Special)
14.12.110 and 14.12.120; amends 1736 Amends Ch. 19.108 entirely, wireless
§§ 5.44.060, 5.44.060(F), 10.26.090, communications facilities (19.108)
10.26.100, 10.26.110, 10.26.120(A) 1737 Amends Ch. 19.100 entirely, parking
and (B), 10.26.130, 10.26.150, regulations (19.,100)
10.44.030, 10.44.040(A), 1738 Rezone (Special)
10.44.050(A), 10.44.055(A), 1739 Amends § 11.08.260, bicycles (11.08)
10.44.056(A), 10.44.060, 1740 Amends § 11.08.250, bicycles (11.08)
10.44.075(A), 10.44.080, 10.44.090, 1741 Amends § 11.24.150, parking (11.24)
10.44.100, 10.44.120, 10.44.140, 1742 Adds new § 16.04.080, residential
10.44.150(A), (B), (C) and (E), roofmg and renumbers §§ 16.04.080--
10.44.160, 10.46.050, 10.76.020, 16.04.160 to be 16.04.090--16.04.170,
11.08.250, 11.08.260, 11.10.016, building code provisions (16.04)
Table 11.12.030, 11.27.010, (16.04.110, 16.04.140 Repealed by
11.32.090, 14.05.070, 14.12.010, Ord. 2021)
14.12.140 and 19.52.060(C); 1743 Amends § 11.24.150, parking (11.24)
renumbers Ch. 5.44 as Ch. 19.106; 1744 Not enacted
renumbers prior §§ 14.12.090, 1745 Amends § 11.08.250, bicycle lanes
14.12.110 and 14.12.120 to (11.08)
§§ 14.12.095, 14.12.130 and 1746 Rezone (Special)
14.12.140; deletes T. 10 division titles 1747 (Not passed)
and Ch. 10.48 article titles; repeals 1748 Rezone (Special)
§§ 3.08.180, 3.08.190, 3.08.200, 1749 Rezone (Special)
3.22.080, 3.23.180, 3.25.100, 1750 Rezone (Special)
3.32.090, 3.24.240, 3.36.210, 1751 (Not enacted)
5.20.160, 5.28.230, 5.32.340, 1752 (Not enacted)
5.44.080, 6.24.340, 6.28.150, 1753 Amends specific plan (Special)
9.06.280, 9.12.134, 9.18.140, 1754 Rezone (Special)
9.20.320, 10.10.040, 10.21.140, 1755 Adds § 17.04.030; amends
10.24.070, 10.25.100, Ch. 10.26 §§ 17.32.010, 17.32.040 and
Editor's note, 10.26.160, Ch. 10.28, 17.32.090, zoning (17.04, 17.32)
§§ 10.44.090(C), 10.44.170, 1756 Rezone (Special)
10.46.080, 10.46.090, 10.48.063, 1757 Adds Ch. 2.06, city council campaign
10.56.060, 10.68.040, Chs. 10.70, finance (2.06) (Repealed by Ord.
10.82 and 11.16, §§ 11.20.040, 1956)
11.29.060, 11.37.080, Ch. 11.38, 1758 Adopts interim measures to protect
§§ 14.05.130, 14.05.140, 14.15.080, structures from demolition of
Ch. 14.16, §§ 14.18.230(B) and (C), potentially historic sites (Not codified)
14.18.240, 15.20.101, 16.04.160, 1759 Amends § 11.08.250, bicycle lanes
16.08.030, 16.24.050, 16.28.080, (11.08)
16.32.090, 17.56.010, 19.40.150, 1760 Amends § 11.26.110, parking (11.26)
19.81.070, 19.82.080, 19.116.350, 1761 Adopts interim measures to protect
20.02.030 and 20.04.070, various structures from demolition of
subjects (10.26, 10.44, 10.46, 10.76, potentially historic sites (Not codified)
11.08, 11.10, 11.12, 11.27, 11.32, 1762 Amends § 11.20.030, stop signs
14.05, 14.12, 19.106) (11.20)
1763 (Pending)
2008 S-15
~;
33 Comprehensive Ordinance List
Ord. No. Ord. No.
1764 Amends Ord. 1750, rezone (Not D, E, and F and Demand/Capacity
codified) Ratio graph; buildings and construction
1765 Amends § 11.20.020, stop signs regulations (16.08, 16.12 16.16,
(11.20) 16.20, 16.24, 16.28, 16.32, 16.36)
1766 Amends § 11.08.250, bicycle lanes 1778 Adds Ch. 19.134, architectural and
(11.08) site review process (19.134)
1767 Adds §§ 11.08.014, 11.08.015 and 1779 Adds §§ 19.32.090 and 19.60.090,
11.08.270; renumbers § 11.08.270 to architectural and site review (19.32,
be 11.08.280, roller skates and 19.60)
skateboards (11.08) 1780 Designating permit parking on Rose
1768 Rezone (Special) Blossom Drive from McClellan Road
1769 Amends Stevens Creek Boulevard to Lily Avenue (Not codified)
specific plan (Special) 1781 Amends § 11.24.160, parking (11.24)
1770 Prezone (Special) 1782 Prezone (Special)
1771 Prezone (Special) 1783 Prezone (Special)
1772 Rezone (Special) 1784 Amends §§ 19.08.030, 19.28.040,
1773 (Not available) 19.28.060, 19.32.060, 19.40.110,
1774 Rezone (Special) 19.56.040, 19.56.060, 19.56.070,
1775 Adds § 2.04.050, city council term 19.64.050, 19.64.080, 19.76.070,
limits (2.04) 19.80.030, 19.88.030, 19.92.060 and
1776 Amends § 15.32.060; repeals and 19.104.040; repeals Ch. 19.96; zoning
replaces Ch. 15.04, waterworks (19.08, 19.28, 19.32, 19.40, 19.56,
system, rates and charges; repeals and 19.64, 19.76, 18.80, 19.88, 19.92,
replaces Ch. 15.20, sewage disposal 19.104)
systems; repeals Chs. 15.08, 15.12 1785 Prezone (Special)
and 15.30 (15.04, 15.20, 15.32) 1786 Amends specific plan (Special)
1777 Adds §§ 16.08.185, 16.08.290, 1787 Amends Ch. 2.32, planning
16.08.300, 16.16.025, 16.20.110, , commission (2.32)
16.20.120, 16.28.065, 16.32.090, 1788 Amends Ch. 16.28, fences (16.28)
16.36.055; amends §§ 16.08.020, 1789 Amends Ch. 17.44, sign exceptions
16.08.080, 16.08.200(A)(1), (17.44)
16.08.250 (B), 16.12.010, 16.12.020, 1790 Amends Ch. 19.132, zoning (19.132)
16.12.040, 16.16.020, 16.16.070, 1791 Amends Ch. 19.134, zoning (19.134)
16.20.080, 16.24.020, 16.24.030, 1792 Amends §§ 2.16.010--2.16.030, city
16.24.060, 16.24.080, 16.28.040(C), council (2.16)
16.28.060(A), 16.32.080, 16.40.070, 1793 Adds Ch. 9.22, property maintenance
16.40.930, 16.40.950(A); amends title (9.22)
of Ch. 16.12; repeals and replaces 1794 Amends §§ 1.09.030(A) and
§§ 16.20.100, 16.32.100; repeals 1.09.060(A) and (B), nuisance
§§ 16.04.040, 16.04.150, 16.08.090, abatement (1.09)
16.08.140(B), 16.08.180(B), 1795 Rezone (Special)
16.08.190 (C), 16.08.250(B)(1 and 2), 1796 Amends §§ 17.32.010, 17.32.040,
16.08.280 (A--C), 16.20.030, 17.32.090(E) and 17.32.100,
16.20.040, 16.20.090(A)(Part One), temporary signs--regulations;
16.24.040, 16.36.030(D), renumbers § 17.32.120 to be
16.36.070(D), 16.40.940, 17.24.270, sign regulations; repeals
16.40.950(D), 16.42.280; repeals Chs. § 17.32.110 (17.24, 17.32)
16.44, 16.48 and 16.60; repeals Ch. 1797 Amends §§ 2.06.100(D) and 2.06.130,
16.44 Appx. A, Ch. 16.52 Article city council--campaign fmance (2.06)
subtitles, Ch. 16.60 Tables A, B, C, (Repealed by Ord. 1956)
2008 S-15
Cupertino -Comprehensive Ordinance List
Ord. No.
1798 Proposition for utility users excise tax
and annexation (Special)
1799 Amends § 19.28.060, zoning (19.28)
1800 Prezone (Special)
1801 Amends § 5.04.460, (5.04)
1802 Adds § 16.28.045; amends
§ 16.28.060,(16.28)
1803 Rezone (Special)
1804 Rezone (Special)
1805 Rezone (Special)
1806 Amends § 11.24.150, parking (11.24)
1807 Amends § 2.08.096, city council
(2.08)
1808 Adds §§ 19.28.080--19.28.110,
amends §§ 19.28.040(A)(1),
19.28.060(A), (B), (C), (D) and (E),
renumbers § 19.28.080 to 19.28.110
and § 19.28.090 to § 19.28.120 and
repeals §§ 19.28.060(F)(3) and
19.28.070(A) and (B), zoning (19.28)
1809 Amends § 19.08.030, zoning (19.08)
1810 Amends § § 14.18.020, 14.18.060 and
14.18.230, heritage and specimen trees
(14.18)
1811 Amends § 19.80.030, 19.80.040 and
19.84.030, zoning (19.80, 19.84)
1812 Amends § 19.124.100, zoning
(19.124)
1813 Prezone (Special)
1814 Interim zoning regulations (Special)
1815 Amends §§ 19.56.030 and 19.56.040,
zoning (19.56)
1816 Extends Ord. 1814, interim zoning
regulations (Special)
1817 Adds Ch. 2.90, residential design
review committee (2.90)
1818 Amends Ch. 2.06, city council--
campaign finance (2.06) (Repealed by
Ord. 1956)
1819 Prezone (Special)
1820 Prezone (Special)
1821 Prezone (Special)
1822 Amends §§ 2.04.010, 5.28.070(N),
5.28.165(E), 10.52.060,
16.28.060(C), 16.52.041(B)(1),
16.52.051, 16.52.052,
16.52.053(B)(4)(a) and
19.20.040(A)(1) and repeals
§§ 3.12.040 and 5.04.280(C), (2.04,
5.28, 10.52, 16.28, 16.52, 19.20)
2008 S-15
Ord. No.
34
1823 Adopts Ch. 5 of the 1977 Uniform
Code for Building Conservation
(16.60)
1824 Amends §§ 16.04.010 and 16.04.110
and repeals §§ 16.04.070, 16.04.090,
16.04.100 and 16.04.120, building
code (16.04) (16.04.110 Repealed by
Ord. 2021).
1825 Amends § 16.16.010 and repeals
§ 16.16.060, electrical code (16.16)
1826 Amends § § 16.20.010, 16.20.020 and
16.20.090 and repeals
§ § 16.20.050--16.20.070, plumbing
code (16.20)
1827 Amends §§ 16.24.010--16.24.030,
mechanical code (16.24)
1828 Repeals and replaces Ch. 16.40, fire
code (16.40)
1829 Amends § 16.56.010, housing code
(16.56)
1830 Amends §§ 10.21.010--10.21.120,
newsracks (10.21)
1831 Amends §§ 19.80.030(B)(1)(j) and
19.80.040, accesssory
buildings/structures (19.80)
1832 Amends Ch. 2.16, city council--
salaries (2.16)
1833 Amends § 16.28.045, electronic
security gates (16.28)
1834 Amends Ch. 19.28, zoning (19.28)
1835 Amends §§ 14.18.020, 14.18.140 and
14.18.170, heritage and specimen trees
(14.18)
1836 Amends § 11.24.150, parking (11.24)
1837 Amends § 11.34.010, traffic (11.34)
1838 Amends § 11.34.020, traffic (11.34)
1839 Amends § 11.34.030, traffic (11.34)
1840 Amends § § 11.24.150, 11.24.160 and
11.24.180, traffic (11.24)
Res. 99-154 Designating permit parking on
Shattuck Drive. (§ 11.27)
1841 Amends § 11.20.020, traffic (11.20)
1842 Rezone (Special)
1843 Amends contract with California
Public Employees' Retirement System
(Special)
1844 Adds § § 19.36.080, 19.48.080 and
19.134.020; amends Chs. 2.32, 2.90,
16.28, 17.44, 19.28, 19.32, 19.36,
19.48, 19.56, 19.60, 19.64, 19.80,
35 Comprehensive Ordinance List
Ord. No. Ord. No.
19.132 and 19.134, design review 1868 Amends Ch. 19.28, zoning (19.28)
committee (2.32, 2.90, 16.28, 17.44, 1869 Adds § 3.25.100, transfer of surplus
19.28, 19.32, 19.36, 19.48, 19.56, supplies and equipment (3.25)
19.60, 19.64, 19.80, 19.132, 19.134) 1870 Amends § 11.08.250, bicycle lanes
1845 Prezone (Special) designated (11.08)
1846 Amends contract with California 1871 Amends entirety of Ch. 10.48,
Public Employees' Retirement System community noise control (10.48)
(Special) 1872 Amends § 11.08.260, bicycle routes
1847 Repeals and replaces § 11.34.030, designated (11.08)
warrants for the installation and 1873 Amends § 11.08.250, bicycle lanes
maintenance of road bumps (11.34) designated (11.08)
1848 Amends § 11.08.250, bicycle lanes 1874 Amends §§ 2.88.010 and 2.88.020,
(11.08) audit committee (2.88)
1849 Prezone (Special) 1875 Amends entirety of Ch. 9.06, massage
1850 Adopts redevelopment plan for establishments and services (9.06)
Cupertino Vallco redevelopment 1876 Amends § 11.20.020, vehiculaz stop
project (Not codified) required at certain intersections
1851 Amends § 11.24.150, traffic (11.24) (11.20)
1852 Rezone (Special) 1877 Amends Ch. 2.06, campaign finance
1853 Adds § 18.24.115; amends (2.06) (Repealed by Ord. 1956)
§ 14.05.010, park maintenance and 1878 Prezone (Special)
dedication fees (14.05, 18.24) 1879 Prezone (Special)
1854 Adds Ch. 10.80, solicitation 1880 Rezone (Special)
prohibitions on designated public 1881 Amends Ch. 2.16, city council
rights-of--way (10.80) compensation (2.16)
1855 Amends § 11.20.030B, all directional 1882 Amends § 11.24.170, pazking
vehicular stops required at certain limitations (11.24)
intersections (11.20) 1883 Not used
1856 Amends § 11.08.250, bicycle lanes 1884 Amends § 11.24.170, pazking (11.24)
designated (11.08) 1885 Amends Ch. 2.06, campaign finance
1857 Amends §§ 11.24.150 and 11.24.170, (2.06) (Repealed by Ord. 1956)
pazking restrictions (11.24) 1886 Adds §§ 5.32.360, 8.01.170,
1858 (Not passed) 8.03.035, 8.03.130, 8.05.100,
1859 Amends § 11.24.150, parking 8.06.040, 8.09.040 and 16.40.400;
restrictions (11.24) amends Ch. 11.32 footnote, Ch. 19.48
1860 Amends Ch. 19.28, single-family and §§ 1.12.010, 5.04.280-5.04.450,
residential zones (19.28) 5.32.160, 8.01.030, 8.03.010,
1861 Rezone (Special) 8.03.030, 8.07.100, 8.11.140,
1862 Amends § 11.24.160, stopping, 10.24.080, 10.48.070, 10.60.090,
standing and pazking--public streets 11.08.280, 13.04.130(A),
(11.24) 13.04.180(B), 14.12.140, 14.18.020,
1863 Amends §§ 19.08.030, definitions, and 16.04.160, 16.16.070, 16.20.100,
19.28.060, single-family residential 16.32.080, 16.52.060, 17.32.060,
(R-1) homes (19.08, 19.28) 19.28.050, 19.28.070(A), 19.52.020,
1864 Amends § 11.08.260, bicycles (11.08) 19.52.060(B), 19.80.030(B)(1)(j),
1865 (Number not used) 19.80.040 and 19.100.050(C);
1866 Prezone (Special) renumbers §§ 10.48.012 to be
1867 Authorizes amendment to California 10.48.070 and 16.52.016 to be
public employees' retirement system 16.52.060; repeals Ch. 10.25,
contract (Special) §§ 1.09.080, 5.32.160, 8.03.040(D),
2008 S-15
Cupertino -Comprehensive Ordinance List
36
Ord. No. 1909 Amends Title 16, Plumbing Code
19.28.050(D) and 19.84.050, various 1910 Amends Title 16, Electrical Code
provisions (1.12, 5.04, 5.32, 8.01, (Repealed by Ord. 2017)
8.03, 8.05, 8.06, 8.07, 8.09, 8.11, 1911 Repeals old Fire Code provisions in
10.24, 10.48, 10.60, 11.08, 11.32, Title 16
13.04, 14.12, 14.18, 16.04, 16.16, 1912 Amends Title 2, Disaster Council
16.20, 16.32, 16.40, 16.52, 17.32, 1913 Amends Title 2, Audit Committee
19.28, 19.48, 19.52, 19.80, 19.100) 1914 Amends Title 11, parking
1887 Not used 1916 Amends Title 11, skateboazding and
1888 Adds § 3.34.230; amends Ch. 3.34; rollerskating
renumbers §§ 3.34.190--3.34.230 to 1917 Amends Title 9, massage and
be 3.34.180--3.34.220, utility users occupational therapists
excise tax (3.34) 1918 Amends Title 10, graffiti
1889 Rezone (Special) 1919 Rezones certain land (Not codified)
1890 Rezone (Special) 1920 Rezones certain land (Not codified)
1891 Amends §§ 19.08.030 and 19.80.030, 1921 Amends §§ 10.48.040, 10.48.051,
zoning (19.08, 19.80) restriction of landscape maintenance
1892 Amends Ch. 2.86, housing committee activities (10.48)
(2.86) 1922 Amends Ch. 9.18, stormwater
1893 Amends Ch. 3.25, sale of surplus pollution prevention and watershed
supplies and equipment; repeals protection (9.18)
§ 3.25.100 (3.25) 1923 Amends § 9.08.080, notice of report
1894 Amends Ch. 19.08, definitions (19.08) (9.08)
1895 Adds Ch. 2.92, Bicycle Pedestrian 1924 Rezones certain land (Not codified)
Commission (2.92) 1925 Amends § 14.04.040, street
1896 Adds § 11.34.040, roadway design improvement requirements, and
features, (11.34) § 18.32.030, subdivision frontage
1897 Amends §§ 3.22.020, improvements (14.04, 18.32)
3.22.060--3.22.070, 1926 Amends Ch. 17.32, temporary signs
3.23.020--3.23.050, 3.23.100 and (17.32)
3.23.130, revenue and finance (3.22, 1927 Rezones certain land; adds
3.23) § 19.28.105 (19.28); rescinds Ord.
1898 Amends § 11.08.270, roller skates and 1902
skateboards (11.08) 1928 Rezones certain land (Not codified)
1899 Rezone (Special) 1929 Rezones certain land (Not codified)
1900 Repeals and replaces § 3.23.160, 1930 Amends § 11.24.170, parking (11.24)
public works contract and bidding 1933 Rezones certain land (Not codified)
procedures (3.23) 1934 Amends § 2.80.010, Fine Arts
1901 Amends Title 19, zoning of dwelling Commission established (2.80)
units 1936 Amends development agreement
1902 Adoption of interim procedures to between city and Vallco International
rezone 19 acres of land (Not codified) Shopping Center, LLC (Not codified)
(rescinded by Ord. 1927) 1940 Amends Ch. 19.100, parking
1903 Amends a contract between the city regulations; repeals Ch 11.29, on-site
and the state's PERS (Not codified) parking (11.29, 19.100)
1904 Amends Title 10, curfew 1941 Amends § 2.04.010, City Council -
1905 Amends Title 16, flood damage regular meetings (2.04)
1906 Home maintenance activities, Title 16 1942 Amends § 2.32.050, Planning
1907 Amends Title 16, adoption of building Commission meetings (2.32)
codes (16.04.170 - 16.04.220, 1943 Amends § 13.04.130, behavior of
16.04.240 - 16.04.330 Repealed by persons in parks (13.04)
Ord. 2021)
1908 Amends Title 16, Mechanical Code
2008 S-15
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
194s 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,
19s0 Rezones certain land (Not codified) ~ 2.88)
19s 1 Amends § 2.24.020, payment 1975 Not in effect due to referendum
procedure (2.24) 1977 Not in effect due to referendum
19s2 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 Salazies (2.16)
1966 Repeals Ch. 2.06 -City Council - 1986 Rezones certain land (Not codified)
campaign finance (2.06) 1987 Amends Title 17, Signs (17)
1968 Amends § 2.04.010, regular meetings 1988 Establishes regulations concerning
(2.04) Claims Against City (1.18)
1969 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.OS0, (11.24)
meetings-quorum (2.60, 2.68, 2.80, 1992 Establishes regulations regarding water
2.92) resource protection (9.19)
1966 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 Tone street
(11.24) (11.24)
Zoos s-ls
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)
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)
2021 Amending Chapter 16.04 regarding the
Building Code.
38
2008 S-15
5
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
- 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
Index
registration verification 11.08.100
Defmitions 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
Skateboazds
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
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
Cupertino -Index
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
Staffing, 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
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
6
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
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
2008 S-15
Index
Conventional construction provisions -amendment
16.04.340
Enforcement of provisions 16.04.020
Fees
inspection 16.04.130
Inspection
fees 16.04.130
generally 16.04.030
Roof covering classification 16.04.080
Spark arresters 16.04.060
Vertical combinations- Amendment 16.04.130
Violation, penalty 16.04.160
BUILDING CONSERVATION CODE
Adopted 16.60.010
Name insertion 16.60.020
Statements
deemed not conclusive, confidentiality
5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
-- C -
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Defmitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Defmitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORMA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS
2008 S-15
Cupertino -Index
COMMISSION
Arbitration 6.28.260
Bond 6.28.150
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Inadequate remedy 6.28.246
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Regulation 6.28.045
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street work failure 6.28.140
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CITY COUNCIL/CITY STAFF RELATIONSHIPS
Council and Council members 2.17.030
Council policy 2.17.033
Council power 2.17.031
Individual Council members 2.17.032
Information 2.17.034
Intent and purpose 2.17.020
Preamble 2.17.010
Staff 2.17.040
Execution of Council direction 2.17.041
Timely response 2.17.043
Undue influence 2.17.042
CIVIL DEFENSE
See DISASTER COUNCIL
CLAIMS AGAINST THE CITY
Authority 1.18.010
Claim prerequisite to suit 1.18.025
Claims required 1.18.015
Form of claim, 1.18.020
Suit 1.18.030
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See DEPARTMENTAL ORGANIZATION
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Transient occupancy tax appeal hearing notice
CITY
Officials
See Specific Officer
3.12.100
Weed abatement, assessment, notice posting
9.08.080
2008 S-15
8A
CODE
Adopted 1.01.010
Authority 1.01.030
Constitutionality 1.01.090
Construction 1.04.040
Defuutions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMENT OFFICER
Index
Fire
See FIRE CODE
Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Prohibited acts including causing, permitting
1.04.030
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
2008 S-15
9
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts designated
10.10.020
Right designated 10.10.010
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTMENTAL ORGANIZATION
COMMUNITY DEVELOPMENT DIRECTOR
Parade and athletic event administrative authority
10.44.030
Sign provision duties
enforcement, interpretation 17.52.010
exception report to city council 17.44.090
permit application review 17.12.060
sign modification 17.12.070
special event sign, promotional device, permit
review 17.12.090
CONCERT
Business license
See also BUSINESS LICENSE
fee 5.04.340
CONSTRUCTION TAX
Adjustment 3.32.045
Definitions 3.32.020
Exceptions 3.32.070
Imposition 3.32.030
Payment
place 3.32,.060
time 3.32.050
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08.130
l:ndex
Bingo permit
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
Business license powers, duties 5.04.060
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Contract bid award 3.24.080
Document signature authority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
motions 2.08.095
petitions 2.08.096
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer appointment
2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Parade, athletic event permit appeal hearing
10.44.140
Permit parking time determination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
2006 S-11
Cupertino -Index
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Technology, information, and communications
commission
appointment 2.74.010
vacancy filling 2.74.030
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
Violation
penalty 10.68.050
prohibited acts 10.68.020
-- D --
DEFECATION
See URINATION, DEFECATION
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DESIGN REVIEW COMMITTEE
Chairperson 2.90.050
Construction of provisions 2.90.110
Established 2.90.010
Licensed architect 2.90.070
Meetings, quorum 2.90.060
Powers, functions 2.90.090
Procedural rules 2.90.100
Purpose of provisions 2.90.020
Recordkeeping 2.90.080
Terms of office 2.90.030
Vacancy, removal 2.90.040
DISASTER COUNCIL
Definitions 2.40.020
Duector of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See ANIMAL
- E --
EARTHQUAKE
See TOXIC GASES
ELECTIONS, MUNICIPAL
See COUNCIL, CITY
10
ELECTRICAL CODE
Adopted 16.16.010
Article 100 amended -definitions 16.16.020
Fee schedule 16.16.030
Fuel cell systems -amendment 16.16.130
Interpretation 16.16.040
Maintenance program 16.16.050
Persons allowed to do electrical work designated
16.16.025
Solar photovoltaic systems -amendment 16.16.120
Violation, penalty 16.16.070
EMERGENCY
See DISASTER COUNCIL
2008 S-15
11
EMPLOYEE, CITY
See also Specific Employee
Communication with public
See COMMUNICATION WITH CITY
See OFFICIALS
General personnel policies
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENGINEER, CITY
Preliminary soil report approval 16.12.050
Truck route signing 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
ENVIRONMENTAL REVIEW COMMITTEE
Appeals 2.84.100
Chairperson 2.84.030
City powers not restricted 2.84.120
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties generally
3.25.020
Open market, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
Transfer to charity, public agency 3.25.100
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08.150
Civil engineer grading supervision 16.08.230
Definitions 16.08.020
Engineering geological reports 16.08.120
Fees 16.08.160
Grading
:Index
See also Specific Type or Phase
emergency permit issuance 16.08.185
supervision 16.08.230
Inspections 16.08.250
Interim plan 16.08.110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee responsibility 16.08.220
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08.100
Soils engineering reports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
schedule required 16.08.140
EXPLOSNES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
-- F --
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
Cupertino -Index
FENCE
Chapter purpose 16.28.010
Construction design review guidelines
general 16.28.040
site review required 16.28.030
Construction site temporary fences 16.28.065
Definitions 16.28.020
Exceptions 16.28.060
Location
See Construction design review guidelines
Materials
See Construction design review guidelines
Prohibited 16.28.080
Proximity to public streets 16.28.050
Roadway and driveway gates 16.28.045
Setback, area requirements
front 16.28.020
reaz 16.28.020
roadway and driveway gates 16.28.045
side 16.28.020
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36.150
collection duties
balance payments 3.36.090
generally 3.36.080
omitted charges 3.36.100
premises inspection authority 3.36.190
FINANCE OFFICER
Alarm systems
administration and enforcement 10.26.100
appeals hearing 10.26.120
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effect of provisions 2.80.100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quorum 2.80.050
voting, requirements 2.80.060
12
Members
appointment, composition 2.80.010
term of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Recordkeeping 2.80.070
FIRE
See FIRE CODE
See SMOKING
FIRE CODE
Access to buildings and roofs 16.40.130
Administration 16.40.020
Adoption 16.40.010
Automatic sprinkler systems 16.40.210
Building service and features 16.40.160
Corrosive materials 16.40.350
Definitions 16.40.070, 16.40.250,.
16.40.310, 16.40.420
Electrical equipment, wiring and hazazds 16.40.180
Emergency communications systems 16.40.150
Emergency planning and prepazedness 16.40.090
Explosives and fireworks 16.40.370
Fire apparatus access roads 16.40.120
Fire protection systems 16.40.200
Fire safety
During construction and demolition 16.40.220
Fire service features 16.40.110
Flammable and combustible liquids 16.40.380
Fuel fired appliances 16.40.170
General 16.40.300, 16.40.410
General precautions against fire 16.40.080
General requirements 16.40.320
Hazardous materials 16.40.290
Hazards to firefighters 16.40.140
Highly toxic and toxic materials 16.40.400
Requirements for Wildland-Urban interface fire azeas
Access 16.40.490
Automatic fire sprinkler systems 16.40.550
Defensible space 16.40.480
Definitions 16.40.460
Fire protection plan 16.40.470
Permits 16.40.570
Section 105.1.5: Occupational permit
fees 16.40.580
Section 105.6.8: Compressed gases 16.40.590
Section 105.6.10: Cryogenic fluids 16.40.600
Section 105.6.48: Day Gaze facility 16.40.620
Section 105.6.49: Institutional 16.40.630
2008 S-15
12A
Section 106.5: Final inspection 16.40.640
Suppression and control 16.40.560
Table 105.6.20 16.40.610
Water supply 16.40.500
Section 1411: Means of egress 16.40.230
Section 3102: Defmitions 16.40.360
Semiconductor fabrication facilities 16.40.240
Stationary storage battery systems 16.40.190
Storage 16.40.330, 16.40.390
Flammable or combustible liquids
in aboveground tanks 16.40.050
Flammable cryogenic liquids 16.40.030
Liquefied petroleum gases 16.40.060
Outside above ground tanks 16.40.040
Timber and lumber production
facilities 16.40.260
Tire rebuilding and storage 16.40.280
Toxic gases including those used as
refrigerants 16.40.430
Use and occupancy -related requirements 16.40.100
Use, dispensing and handling 16.40.340
Yard waste and recycling facilities 16.40.270
Index
2008 S-15
13
FIREARM
Permit required 10.76.010
Violation, penalty 10.76.020
FIRE CHIEF
Bingo permit applicant investigation 5.32.220
Toxic gas storage, use compliance plan, permit
fee charging, data submittal requiring 16.42.060
time limit extension 16.42.070
controls requiring 16.42.230
facility closing duties 16.42.080
leak testing approval 16.42.130
sprinkler system requiring 16.42.190
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority 9.08.100
hearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
FIREWORKS
Defmitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Anchoring requirements 16.52.041
AO zone requirements 16.52.054
Appeal, variance
generally 16.52.030
vaziance conditions 16.52.035
Applicability of provisions 16.52.011
Compliance with provisions required 16.52.012
Defmitions 16.52.010
Development
permit required when, application
requirements 16.2.020
permit review
See Planning, community development
director
Firm
See Flood insurance rate map
Floodway restrictions 16.52.055
:[ndex
Habitable floor elevation
See New construction
Interpretation of provisions 16.52.013
Liability disclaimer 16.52.014
Manufactured home
anchoring requirements
See Anchoring requirements
requirements 16.52.053
New construction
anchoring
See Anchoring requirements
habitable floor elevation
nonresidential requirements
16.52.052
residential requirements 16.52.051
material method requirements
16.52.042
Nonresidential requirements
See New construction
Permit
See Development
Planning, community development director
See also PLANNING DIRECTOR
duties designated 16.52.021
Recordkeeping
See Planning, community development director
Residential requirements
See New construction
Subdivisions proposals 16.52.044
Utility requirements 16.52.043
Vaziance
See Appeal, vaziance
Violation, penalty 16.52.060
Watercourse alteration
See Planning, community development director
FOOD ESTABLISHMENT
See RESTAURANT
FRANCHISE
Cable television
See CABLE TELEVISION FRANCHISE
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino garbage company
2008 S-15
Cupertino -Index
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitions 6.12.010
designated 6.12.020
granting authority 6.12.070
gross receipts
percentage payment to city 6.12.050
total, report required 6.12.060
maintenance requirements 6.12.030
term 6.12.040
Pacific Gas and Electric Company
See Electricity
See Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREET
IMPROVEMENT FUND
-- G --
GARAGE, PATIO SALE
Definitions 5.16.020
Enforcement 5.16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5.16.030
Sign
See also SIGN
regulations generally 17.32.030
restrictions 5.16.040
Violation
penalty 5.16.070
presumption 5.16.041
14
GARBAGE
Administration, enforcement, regulations adoption
6.24.325
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.300
Collection service charges
See also Delinquent account
mandatory, owner responsibilities
establishment, collection 6.24.150
failure to pay, effect 6.24.160
commencement, time limits 6.24.040
franchise
existing, continuance 6.24.130
grant, scope, authority 6.24.120
provisions not to negate 6.24.140
interference prohibited 6.24.310
mandatory, owner responsibilities
6.24.030
unauthorized use prohibited
6.24.320
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
trash enclosure required when, requirements
6.24.305
Definitions 6.24.020
Delinquent account
appropriation account created, purpose, use
6.24.280
collection, procedure 6.24.180
lien
See also collection, procedure
initiation 6.24.190
recordation 6.24.230
lien heazing
city council hearing 6.24.220
finance director heazing 6.24.220
notice 6.24.200
notice 6.24.170
special assessment
collection as, when 6.24.240
collection procedure 6.24.270
levy, procedure 6.24.260
report, contents 6.24.250
Disposal
explosive, hazardous materials 6.24.100
frequency 6.24.050
35
exception
administrative 14.24.060
generally 14.24.040
use permit 14.24.070
zones 14.24.050
intent 14.24.010
required 14.24.030
transition clause 14.24.080
UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS CODE
Adoption by reference 16.70.010
URINATION, DEFECATION
Definitions 10.30.010
Prohibited where 10.30.020
Violation, penalty 10.30.030
UTILITIES
See FRANCHISE
See SEWER
See UNDERGROUND UTILITIES
See WATER
UTILITY USERS EXCISE TAX
Administration, scope, authority 3.34.100
Benefit declaration 3.34.150
Collection
debt to city, actions permitted 3.34.150
due date, delinquency, penalties 3.34.070
procedure generally 3.34.090
Conflicting provisions, resolution 3.34.190
Construance of provisions 3.34.200
Definitions, 3.34.010
Duration, term 3.34.160
Exemptions
designated 3.34.020
partial, criteria 3.34.060
Grammatical interpretation of provisions 3.34.140
Imposed, rate, applicability
See also Exemptions
electricity users tax 3.34.040
gas users tax 3.34.050
telephone users tax 3.34.030
Payment
See also Collection
failure, assessment when, effect 3.34.110
Powers deemed additional 3.34.180
Proceeds, revenue measure, disposition 3.34.170
Purpose of provisions 3.34.005
Recordkeeping requirements 3.34.120
Refund, criteria, procedure 3.34.130
[ndex
Tax
See also Specific Subject
administrator deemed 3.34.020
Validity of proceedings, tax
actions, proceeding limitation 3.34.220
generally 3.34.210
--V--
VEHICLE
See also PARKING
See also TRAFFIC
Abandoned
abatement
authority 11.04.050
compliance time limit 11.04.091
cost recovery, generally 11.04.092
cost recovery, repeat violation 11.04
notice 11.04.060
definitions 11.04.011
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions 11.04.040
heazing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
reconstruction 11.04.130
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
Taxicab
See TAXICAB
150
11.37.060
2008 S-15
Cupertino -Index
VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
VENDORS, MOBILE
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
-- W --
WASTE
See GARBAGE
See WATERCOURSE POLLUTION
See PREVENTION
WATER
See also FRANCHISE
See also SEWER
See also WATERCOURSE POLLUTION
See also PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, chazges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
Resource protection
definitions 9.19.020
purpose 9.19.010
streamside modification permit 9.19.030
guidelines and standazds 9.19.040
time limit for commencing use of
9.19.050
2007 S-13
36
WATERCOURSE POLLUTION PREVENTION
Definitions 9.18.020
Dischazges
accidental dischazge
notice, statement requirements 9.18.070
prevention, facilities, requirements
9.18.060
permitted, NPDES permit required
9.18.080
restrictions, prohibitions generally
9.18.040
storm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
NPDES permit
See Dischazges
Purpose of provisions 9.18.010
Storm drain
discharge regulations 9.18.030
Stormwater BMP
Failure to maintain 9.18.190
Inspection and maintenance easement 9.18.200
Inspection responsibility 9.18.170
Operation and maintenance agreement
9.18.160
Operation and maintenance responsibility
9.18.150
Records of maintenance and inspection
activities 9.18.180
Stormwater pollutant source control BMPs
9.18.210
Stormwater management plan
Contents 9.18.130
Preparation of 9.18.140
Required for Group 1 and Group 2A/2B
projects 9.18.120
Stormwater pollution prevention
Design and selection of best management
practices 9.18.110
Permanent prevention measures required
9.18.100
Plan 9.18.090
Violation
See also Dischazges
administrative penalties 9.18.260
civil penalties
illicit dischazges 9.18.240
provisions, permit violation 9.18.230
misdemeanor 9.18.220
notice, contents 9.18.250