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2010 S-23 CUPERTINO, CALIFORNIA Instruction Sheet 2010 S-23 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 1: GENERAL PROVISIONS 1,2 1,2 12A through 12F TITLE 3: REVENUE AND FINANCE 1,2 1,2 32A through 32J TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 5, 6 5, 6 TITLE 17: SIGNS 1 through 46 1 through 54 Comprehensive Ordinance List 39, 40 39, 40 Index 3, 4 3 through 4B 25 through 28 25 through 28 31, 32 31 through 32B JBS 1/2010 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2010 S -23 Supplement contains: Local legislation current through Ordinance 2053, passed 11 -3 -09 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 COPYRIGHT © 2010 AMERICAN LEGAL PUBLISHING CORPORATION • TITLE 1: GENERAL PROVISIONS Chapter 1.01 Code Adopted 1.04 General Provisions 1.08 Right of Entry for Inspection 1.09 Nuisance Abatement 1.10 Administrative Citations, Fines, and Penalties 1.12 General 'Penalty 1.16 Appeal for Administrative Decisions 1.18 Claims Against the City 2010 S -23 1 Cupertino - General Provisions 2 1.10.010 CHAPTER 1.10: ADMINISTRATIVE CITATIONS, FINES, AND PENALTIES Section 1.10.010 Applicability. an administrative citation and assess an administrative fine 1.10.020 Definitions. to any party responsible for the violation or recommend the 1.10.030 Administrative citation. imposition of an administrative penalty. The provisions of 1.10.040 Service of administrative citation. this chapter are alternatives to other enforcement remedies 1.10.050 Time period within which to correct or contained in this municipal code. (Ord. 09 -2048, (part), remedy violations. 2009) 1.10.060 Administrative citation fines. 1.10.070 Appeal of an administrative citation. 1.10.020 Definitions. 1.10.080 Advance deposit hardship waiver. For purpose of this chapter, the following definitions 1.10.090 Failure to timely appeal administrative shall apply: citation. 1. "Business day" means a day on which the main 1.10.100 Hearing on administrative citation before operations of the City of Cupertino are open for business hearing officer. and does not mean any day on which only specialized 1.10.110 Hearing officer's decision on administrative functions are in operation, such as divisions of the city or its citation. agents that operate on a 24/7 schedule. 1.10.120 Right to judicial review of hearing officer's 2. "Enforcement officer" means any city employee decision. or employee of a contracting agency or any agent of the city 1.10.130 Administrative penalty hearing before the with the authority to enforce any provision of this municipal City Council. code, including, but not limited to, the City Manager, City 1.10.140 Administrative penalties imposed by Attorney, Director of Administrative Services, Director of Council. Community Development, Director of Parks and Recreation, 1.10.150 Payment of fine and penalty amounts. Director of Public Works and any Sheriff, Animal Control 1.10.160 Notices. Officer or Code Enforcement Officer. 1.10.170 Lien procedure. 3. "Hearing officer" means any person designated by the city manager to hear appeals of administrative 1.10.010 Applicability. citations. The hearing officer shall not be any enforcement This chapter provides for administrative citations, fines officer or supervisor. The employment, performance and penalties which are in addition to all other civil legal evaluation, compensation and benefits of the hearing officer remedies and which are alternatives to any criminal legal shall not be directly or indirectly conditioned upon the remedies that may be pursued by the City of Cupertino to amount of administrative citation penalties upheld by the address any violation of this municipal code and /or hearing officer. applicable statute, rule, code or regulation except for 4. "Responsible person" means any person who is violations of municipal code Chapters 1 f .24, 11.26 and in immediate control of the premises or activity which 11.27 and Section 11.28.030(A) and (B) pertaining to constitutes a violation of this municipal code and /or vehicles and traffic. Whenever an enforcement officer applicable statute, rule, code or regulation, the business determines that a violation of the municipal code and / or owner, the property owner, and any person engaging in applicable statute, rule, code or regulation has occurred or prohibited conduct. (Ord. 09 -2048, (part), 2009) that a violation exists which is deemed to constitute a violation of the municipal code and /or applicable statute, 1.10.030 Administrative Citation. rule, code or regulation, the enforcement officer may issue A. Whenever an enforcement officer charged with the enforcement of this municipal code and /or applicable statute, rule, code or regulation determines that a violation 2010 S -23 12A 1.10.030 Cupertino - General Provisions 12B of any provision of this municipal code and /or applicable a copy of the citation shall be conspicuously posted at the statute, rule, code or regulation has occurred, the subject property. enforcement officer shall have the authority to issue an C. Service of a citation which is personally served administrative citation to any responsible person. shall be deemed completed at the time of such personal B. Each administrative citation shall contain the service. Service of a citation which is served by mail is following information: deemed completed on the date the document is deposited in 1. Name of responsible person(s) the mail. Service of a citation which is served by posting is 2. The date(s) of the violation; completed at the time of posting. 3. The address or a definitive description of the D. The failure of any person to receive a copy of an location where the violation occurred; administrative citation shall not affect the validity of any 4. The section of the municipal code and /or proceedings or actions taken under this chapter. Service by applicable statute, rule, code or regulation violated and a certified mail in the manner herein provided shall be affixed description of the violation; to the copy of the citation and retained by the enforcement 5. A prohibition of the continuation or repeated officer. A copy of any posted notice shall be kept along occurrence of the municipal code and /or applicable statute, with a certificate of posting containing the date, time, and rule, code or regulation violation described in the identification of the individual performing the posting. (Ord. administrative citation; 09 -2048, (part), 2009) 6. A description of the potential consequences should the violator continue or repeat the violation; 1.10.050 Time Period Within Which to Correct or 7. The amount of the fine for the municipal code Remedy Violations. and /or applicable statute, rule, code or regulation violation; The enforcement officer may immediately issue an 8. A description of the fine payment process, administrative citation for a violation of the Municipal Code including a description of the time within which and the and /or applicable statute, rule, code or regulation. The place to which the fine shall be paid and the process by enforcement officer has the option of stating a time period which the city may collect any unpaid amounts owed; within which to correct or remedy the violation as follows: 9. A description of the administrative citation review A. Any responsible person to whom an process, including the time within which the administrative administrative citation has been issued for violations that citation may be contested and how to obtain a form to create an immediate danger to health or safety shall be contest the administrative citation; and provided a reasonable amount of time, in which to correct or 10. The name and signature of the citing enforcement otherwise remedy the violation, taking into consideration the officer. specifics of the situation. C. An administrative citation may be in letter form B. Any responsible person to whom an or any other form which adequately conveys the information administrative citation has been issued for violations set forth above. (Ord. 09 -2048, (part), 2009) pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate 1.10.040 Service of Administrative Citation. danger to health or safety, shall be provided a reasonable A. An administrative citation may be served in any amount of time, but not less than fifteen (15) calendar days of the following ways: in which to correct or otherwise remedy the violation. 1. By personal delivery to the violator; or C. The enforcement officer may extend the time in 2. If the violator is being charged for violations which to correct or otherwise remedy a violation upon a occurring at a business operating within the city, and the showing that the recipient of the administrative citation violator is the owner or an employee of the business, the requires additional time to complete repairs or upon a citation may be served by causing a copy of the citation to showing that the recipient of the administrative citation is be sent by certified mail, postage prepaid, return receipt awaiting issuance of a permit, provided such person offers requested to the address shown on any permit or license proof that he or she has commenced taking action to correct issued by the city to the business; or or otherwise remedy the violation and /or that a proper 3. By causing a copy of the citation to be sent by application for such permit has been made. (Ord. 09 -2048, certified mail, postage prepaid, return receipt requested, to (part), 2009) an address otherwise known to the enforcement officer. B. Where personal delivery or service by mail upon 1.10.060 Administrative Citation Fines. a property owner cannot be made despite a diligent effort, A. Any party to whom an administrative citation is issued shall be responsible for payment of a fine for 2010 S -23 12C Administrative Citations, Fines, and Penalties 1.10.060 violating the municipal code and /or applicable statute, rule, E. If the enforcement officer submits an additional code or regulation as specified in this section. The fine 13 written report concerning the administrative citation to the separate from the amount of any administrative penalty. hearing officer for consideration, then a copy of this report B. The fine assessed in conjunction with the issuance; also shall be served on the person requesting the hearing at of an administrative citation shall be in accord with least five business days prior to the date of the hearing. California Government Code Section 53069.4 and is set as F. Enforcement of any administrative citation shall follows: be stayed during the pendency of an appeal which is 1. First citation - $100. properly and timely filed. (Ord. 09 -2048, (part), 2009) 2. Second citation for the same violation within the same twelve month period - $200. 1.10.080 Advance Deposit Hardship Waiver. 3. Third or any subsequent citation for the same A. Any person who intends to request a hearing to violation within the same twelve month period - $500. contest an administrative citation, and who is financially C. If the maximum amounts allowed to be charged unable to make the advance deposit of the fine as required in in the California Government Code decrease, then that Section 1.10.070, may file a request for an advance deposit decrease shall become effective with regard to this chapter. hardship waiver which shall include a sworn affidavit as (Ord. 09 -2048, (part), 2009) described in subsection (c) below. B. The request shall be filed on an advance deposit 1.10.070 Appeal of an Administrative Citation. hardship waiver application form, available from the city A. Any recipient of an administrative citation may, clerk's office, in conjunction with submitting the appeal. within ten business days from the date that service of the C. The city may waive the requirement of an administrative citation was completed, contest that there was advance deposit and issue the advance deposit hardship a violation or that he or she is the party responsible for waiver only if the cited party submits to the city a sworn committing the violation by filing an appeal with the city affidavit, together with any supporting documents or clerk for the matter to be heard by a hearing officer. Any materials, demonstrating to the satisfaction of the city appeal not timely filed shall be rejected. manager or designee the person's actual financial inability to B. All appeals from any administrative citation sha:,l deposit with the city the full amount of the fine in advance be in writing and shall contain the following information: of the hearing. In determining the cited party's financial 1. Name(s) of each appellant; ability or inability to deposit the full amount of the fine in 2. A copy of the administrative citation or the advance, the city manager or designee shall consider the reference number of the administrative citation; amount of the fine imposed, the income of the cited party, 3. A brief statement in ordinary and concise the expenses of the cited party, and any other factors that are language of the specific items protested, together with any reasonably related to the cited party's ability to deposit the material facts claimed to support the contentions of the full amount. appellant; D. The requirement of depositing the full amount of 4. A brief statement in ordinary and concise the fine as described in Section 1.10.070 shall be stayed language of the relief sought and the reasons why the unless or until the city makes a full determination not to administrative citation should be rescinded, modified or issue the advance deposit hardship waiver. The city must otherwise set aside; and make its determination within a reasonable period of time, 5. The signatures of all parties named as appellants taking into account the complexity of the data pertinent to and their mailing addresses. the application. C. Any recipient of an administrative citation E. If the city makes a determination to deny the contesting the citation must submit to the' City Clerk an advance deposit hardship waiver application, a written advance deposit of the total fine amount or an advance determination listing the reasons for the denial shall be deposit hardship waiver application form as described in issued. The written determination to deny the waiver shall be Section 1.10.080. Any appeal of the administrative citation final. filed without payment of the advance deposit or submittal of F. The written determination of the city's denial of the advance deposit waiver application shall be deemed the advance deposit hardship waiver shall be served by mail incomplete. upon the person who applied for the waiver. (Ord. 09 -2048, D. The person requesting the hearing shall be (part), 2009) notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing. 2010 S -23 1.10.090 Cupertino - General Provisions 12D 1.10.090 Failure to Timely Appeal Administrative period specified, the hearing officer shall issue a finding of Citation. those facts. If the hearing officer determines that an Failure to timely and properly file an appeal from an administrative citation should be cancelled, the city shall administrative citation shall constitute a waiver of all rights promptly refund the amount of the fine. If the hearing to an appeal hearing. The determination that the violation officer upholds the violation, the city shall retain any fines occurred and that the violator was responsible for the paid or shall be entitled to collect and fines owing but violation shall be deemed final on the date that service of the unpaid. (Ord. 09 -2048, (part), 2009) administrative citation is deemed completed pursuant to Section 1.10.040. (Ord. 09 -2048, (part), 2009) 1.10.120 Right to Judicial Review of Hearing Officer's Decision. 1.10.100 Hearing on Administrative Citation Before Any person aggrieved by the decision by the hearing Hearing Officer. officer on an administrative citation may obtain review of A. A hearing before the hearing officer shall be set the administrative decision by filing a petition for review for a date that is not less than 15 business days and not more with the Superior Court in Santa Clara County in accordance than 60 calendar days from the date that a notice of hearing with the time lines and provisions set forth in California was issued, unless the enforcement officer determines that Government Code Section 53069.4. (Ord. 09 -2048, (part), the matter is urgent and needs to be heard sooner or that 2009) good cause exists for an extension of time. B. No hearing to contest an administrative citation 1.10.130 Administrative Penalty Hearing Before the shall be held unless the fine set forth in Section 1.10.060 has City Council. been deposited in advance or an advance deposit hardship A. In any instance where staff deems it appropriate waiver application has been filed with and accepted by the to recommend the imposition of an administrative penalty city pursuant to Section 1.10.080. due to the egregious nature of a violation of the municipal C. The hearing serves to provide the full opportunity code and /or applicable statute, rule, code or regulation or of a person subject to an administrative citation to object to the repeated failure to correct a violation of the municipal the determination that a violation has occurred and /or that code and /or applicable statute, rule, code or regulation, the the violation has continued to exist. matter may be brought forward to the City Council for a D. The hearing officer shall consider any written or hearing. If the City Council finds by a preponderance of the oral evidence submitted that is relevant to the matter. evidence that a violation has occurred and that the situation Formal rules of evidence do not apply. The administrative warrants the imposition of an administrative penalty, the citation and any additional report submitted by the City Council may issue an order that imposes any or all of enforcement officer shall constitute prima facie evidence of the following: the respective facts contained in those documents. All 1. A directive to cease and desist from committing hearings shall be open and public. the violation; E. The failure of any person subject to or the 2. A directive to correct the violation, including a recipient of any administrative citation to appear at the schedule for correction where appropriate; hearing shall constitute a failure to exhaust administrative 3. Administrative penalties based upon the remedies. administrative penalty set pursuant to Section 1.10.140; F. The hearing officer may continue the hearing and 4. Administrative costs; and request additional information from the enforcement officer 5. Interest imposed at the legal rate. or the person(s) accused of a violation prior to issuing a B. The order shall state that failure to comply with written decision. (Ord. 09 -2048, (part), 2009) its provisions may result in the city proceeding with an abatement consistent with the provisions of Chapter 1.09 and 1.10.110 Hearing Officer's Decision on Administrative charging the cost of abatement plus all administrative costs Citation. to the property owner, and may further result in the city A. Within a reasonable time following the conclusion collecting the monies due as a personal obligation of the of the hearing, the hearing officer shall make findings and responsible party or by recordation of a lien against the issue a determination, a copy of which shall be provided to subject real property. Administrative costs may include any both the responsible party and the enforcement officer. and all costs incurred by the city (both direct and indirect B. If the hearing officer finds that no violation has costs) in investigating and commencing administrative occurred or that the violation was corrected within the time proceedings for the violation as well as any and all costs 2010 S -23 12E Administrative Citations, Fines, and Penalties 1.10.130 incurred by the city in connection with the hearing;, violations or ongoing violations. In determining the amount including but not limited to costs the enforcement officer of the administrative penalty, the City Council may take any incurred in preparation for the hearing and for participating or all of the following factors into consideration: duration of in the hearing itself, and costs of the city to conduct the the violation; frequency, recurrence and number of hearing. violations, related or unrelated, by the same violator; C. If the violator gives written notice to the seriousness of the violation; good faith efforts of the violator enforcement officer, city manager or City Council that the to come into compliance; economic impact of the penalty on violation has been corrected and if the city fmds that the violator; impact of the violation on the community; and compliance has been achieved, the date the written notice any other factors as justice may require. was postmarked or personally delivered or the date of the C. If the responsible person fails to correct the fmal inspection, whichever first occurred, shall be deemed violation(s), other enforcement actions may be pursued by to be the date the violation was corrected. If no written the city. (Ord. 09 -2048, (part), 2009) notice is provided, the violation will be deemed corrected on the date of the fmal inspection. If the city determines that 1.10.150 Payment of Fine and Penalty Amounts. compliance has been achieved, the enforcement officer shall A. The amounts due shall be paid to the city within document that compliance has been achieved. A copy of the 30 calendar days from the issuance date of the decision, compliance documentation shall be served on the responsible unless otherwise specified. party. B. Payment of any fine and /or penalty shall not D. The order of the City Council is final at the time excuse the failure to correct the violation, nor shall it bar it is made; however, the City Council shall maintain further enforcement action by the city for any continuation continuing jurisdiction and shall have the power to modify or repeated occurrence of the municipal code and /or the order, after providing the person subject to the order applicable statute, rule, code or regulation violation that is with notice and an opportunity to be heard, until fu :.l the subject of the original enforcement action. compliance is achieved. The order of the City Council sha:.l C. Any person who fails to pay to the city any be subject to reconsideration pursuant to Chapter 2.08 c f amount imposed pursuant to the provisions of this chapter on this municipal code. or before the date the amount is due also shall be liable for E. The order shall have the same force and effect as the payment of any applicable late payment charges a resolution of the City Council for the purpose of filing a consistent with the provisions of Section 5.04.250 of this lien with the County of Santa Clara or Tax Collector's municipal code. office pursuant to this municipal code and for the purpose of D. If unpaid as of the date specified in any decision pursuing any other collection or enforcement action to or order, all amounts due and any interest assessed shall be obtain payment of the amounts owed to the city. collected by the city by use of all available legal means, and F. The order, if recorded, shall have the same force may be enforced as: and effect and priority as a judgment lien governed by the 1. A personal obligation of the violator; and /or provisions of Section 697.340 of the California Code c f 2. If the violation is in connection with real Civil Procedure and may be extended as provided in property, a lien upon the real property. The lien shall remain Sections 683.110 to 683.220, inclusive, of the Code of Civil in effect until all of the amounts due are paid in full. Procedure. (Ord. 09 -2048, (part), 2009) E. In addition to any other remedies provided by law, failure to pay amounts due and interest as specified on 1.10.140 Administrative Penalties Imposed by Council . or before the date specified shall constitute a violation of this A. Any party subject to an order by the City Council municipal code punishable as a misdemeanor. (Ord. to pay an administrative penalty shall be 'responsible for 09 -2048, (part), 2009) payment of the penalty in the amount specified in this section. The administrative penalty is separate from the 1.10.160 Notices. amount of any fine imposed pursuant to this chapter. Whenever a notice is required to be given under this B. The City Council may impose an administrative chapter, unless different provisions are otherwise penalty in an amount not to exceed a maximum of $1,003 specifically made, such notice may be given either by per day for each violation, except that the total personal delivery to the person to be notified or by deposit administrative penalty shall not exceed $100,000 exclusive in the United States mail, in a sealed envelope, postage of administrative costs, interest and restitution for prepaid, addressed to such person to be notified at the compliance re- inspections, for any related series cf 2010 S -23 1.10.160 Cupertino - General Provisions 12F last -known business or residence address as the same H. Once payment in full is received by the city, the appears in the last equalized county assessment roll or to the director of finance shall either record a notice of satisfaction records pertaining to the matter to which such notice is or provide the property owner with a notice of satisfaction directed. Service by mail shall be deemed completed at the so they may record the notice with the County Recorder. time of deposit in the United States mail is made. Where Such notice of satisfaction shall cancel the city's lien. (Ord. personal service or service by mail upon the property owner 09 -2048, (part), 2009) cannot be made despite a diligent effort, a copy of any notice shall be conspicuously posted at the property that is the subject of the notice. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. 09 -2048, (part), 2009) 1.10.170 Lien Procedure. A. There is hereby established the following procedure for collection of administrative penalties and costs or other abatement costs by recordation of a lien. B. Upon determination that the amounts due have not been paid in full within 90 calendar days, a report shall be provided to the City Council stating the amounts due and owing, the date of the decision or order, the street address, legal description and assessor's parcel number of the subject property, and the name and address of the record owner of the property. C. Prior to recordation of the lien, the city shall serve a copy of the report on the property owner, along with notice to the property owner that a lien in the amounts stated in the report will be filed against the subject property with the County Recorder. D. The notice shall be served in the same manner as a summons in a civil action in accord with Code of Civil Procedure section 415.10 et seq. If, after diligent search, the owner of record cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten calendar days and publication thereof in a newspaper of general circulation published in Santa Clara County. E. Following notice to the owner of record, the report and a copy of the decision or order shall be recorded as a lien with the County Recorder. Once recorded, the decision or order shall have the force and effect and priority of a judgment lien governed by the provision of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. F. Interest at the legal rate shall accrue on the principal amount of the lien until satisfied pursuant to law. G. A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment. 2010 S -23 TITLE 3: REVENUE AND FINANCE Chapter 3.04 Documentary Stamp Tax 3.08 Sales and Use Tax 3.12 Transient Occupancy Tax 3.22 Purchase of Supplies, Materials, Equipment and Services 3.23 Public Works Contract and Bidding Procedures 3.25 Sale of Surplus Supplies and Equipment 3.32 Construction Tax 3.34 Utility Users Excise Tax 3.35 Telecommunication Users' Tax 3.36 Storm Drainage Service Charge 2010 S -23 1 Cupertino - Revenue and Finance 2 3.35.010 CHAPTER 3.35: TELECOMMUNICATION USERS' TAX Section 3.35.010 Short title. 3.35.030 Definitions. 3.35.020 Adoption. The following words and phrases whenever used in this 3.35.030 Defmitions. chapter shall be construed as defined in this section. 3.35.040 Constitutional, statutory, and other A. "Ancillary telecommunication services" means exemptions. services that are associated with or incidental to the 3.35.050 Telecommunication users' tax. provision, use or enjoyment of telecommunications services, 3.35.060 Bundling taxable items with non - taxable including but not limited to the following services: items. 1. "Conference bridging service" means an ancillary 3.35.070 Substantial nexus / minimum contacts. service that links two or more participants of an audio or 3.35.080 Duty to collect - procedures. video conference call and may include the provision of a 3.35.090 Collection penalties - service suppliers. telephone number. Conference bridging service does not 3.35.100 Actions to collect. include the telecommunications services used to reach the 3.35.110 Deficiency determination and assessment conference bridge. - tax application errors. 2. "Detailed telecommunications billing service" 3.35.120 Administrative remedy - non - paying means an ancillary service of separately stating information service users. pertaining to individual calls on a customer's billing 3.35.130 Additional powers and duties of the Tax statement. Administrator. 3. "Directory assistance" means an ancillary service 3.35.140 Records. of providing telephone number information, and /or address 3.35.150 Refunds. information. 3.35.160 Appeals. 4. "Vertical service" means an ancillary service that 3.35.170 No injunction/writ of mandate. is offered in connection with one or more 3.35.180 Notice of changes to ordinance. telecommunications services, which offers advanced calling 3.35.190 Effect of state and federal features that allow customers to identify callers and to reference /authorization. manage multiple calls and call connections, including 3.35.200 Independent audit of tax collection, conference bridging services. exemption, remittance, and expenditure. 5. "Voice mail service" means an ancillary service 3.35.210 Interaction with prior tax. that enables the customer to store, send or receive recorded 3.35.220 Remedies cumulative. messages. Voice mail service does not include any vertical 3.35.230 Duration. services that the customer may be required to have in order to utilize the voice mail service. B. "Billing Address" shall mean the mailing address 3.35.010 Short Title. of the service user where the service supplier submits This chapter shall be known as the invoices or bills for payment by the customer. "Telecommunication Users' Tax Ordinance" of the city. C. "City" shall mean the City of Cupertino. (Ord. 09 -2053, (part), 2009) D. "City Manager" shall mean the City Manager or his or her designee. 3.35.020 Adoption. E. "Telecommunication Services" means This chapter is adopted pursuant to the powers of the "telecommunication services ". and "ancillary City of Cupertino as authorized by California Government telecommunication services." Code Section 37100.5. (Ord. 09 -2053, (part), 2009) 2010 S -23 32A 3.35.030 Cupertino - Revenue and Finance 32B F. "Mobile Telecommunications Service" has the 1. The location of the service user's same meaning and usage as set forth in the Mobile telecommunication equipment from which the Telecommunications Sourcing Act (4 U.S.C. Section 124) communication originates or terminates, regardless of where and the regulations thereunder. the communication is billed or paid; or G. "Month" shall mean a calendar month. 2. If the location in division 1. of this definition is H. "Paging Service" means a "telecommunications unknown (e.g., mobile telecommunications service or VoIP service" that provides transmission of coded radio signals service), the service address means the location of the for the purpose of activating specific pagers; such service user's place of primary use. transmissions may include messages and /or sounds. 3. For prepaid telecommunication service, "service I. "Person" shall mean, without limitation, any address" means the location associated with the service natural individual, firm, trust, common law trust, estate, number. partnership of any kind, association, syndicate, club, joint O. "Service Supplier" shall mean any entity or stock company, joint venture, limited liability company, person, including the city, that provides communication corporation (including foreign, domestic, and non - profit), service to a user of such service within the city. municipal district or municipal corporation (other than the P. "Service User" shall mean a person required to city) cooperative, receiver, trustee, guardian, or other pay a tax imposed under the provisions of this chapter. representative appointed by order of any court. Q. "State" shall mean the State of California. J. "Place of Primary Use" means the street address R. "Streamlined Sales and Use Tax Agreement" representative of where the customer's use of the shall mean the multistate agreement commonly known and telecommunications service primarily occurs, which must be referred to as the Streamlined Sales and Use Tax Agreement the residential street address or the primary business street as it is amended from time to time. address of the customer. S. "Tax Administrator" means the City Treasurer of K. "Post -paid telecommunication service" means the the city or his or her designee. telecommunication service obtained by making a payment on T. "Telecommunications services" means the a communication -by- communication basis either through the transmission, conveyance, or routing of voice, data, audio, use of a credit card or payment mechanism such as a bank video, or any other information or signals to a point, or card, travel card, credit card, or debit card, or by charge between or among points, whatever the technology used. made to a service number which is not associated with the The term "telecommunications services" includes such origination or termination of the telecommunication service. transmission, conveyance, or routing in which computer L. "Prepaid telecommunication service" means the processing applications are used to act on the form, code or right to access telecommunication services, which must be protocol of the content for purposes of transmission, paid for in advance and which enables the origination of conveyance or routing without regard to whether such communications using an access number or authorization services are referred to as voice over internet protocol code, whether manually or electronically dialed, and that is (VoIP) services or are classified by the Federal sold in predetermined units or dollars of which the number Communications Commission as enhanced or value added, declines with use in a known amount. and includes video and /or data services that are functionally M. "Private telecommunication service" means a integrated with "telecommunication services." telecommunication service that entitles the customer to "Telecommunications services" include, but are not limited exclusive or priority use of a communications channel or to the following services, regardless of the manner or basis group of channels between or among termination points, on which such services are calculated or billed: ancillary regardless of the manner in which such channel or channels telecommunication services; mobile telecommunications are connected, and includes switching capacity, extension service; prepaid telecommunication service; post -paid lines, stations, and any other associated services that are telecommunication service; paging service; 800 service (or provided in connection with the use of such channel or any other toll -free numbers designated by the Federal channels. A communications channel is a physical or virtual Communications Commission); and 900 service (or any path of communications over which signals are transmitted other similar numbers designated by the Federal between or among customer channel termination points Communications Commission for services whereby (i.e., the location where the customer either inputs or subscribers who call in to pre- recorded or live service). receives the communications). U. "VoIP (Voice Over Internet Protocol)" means the N. "Service Address" means either: digital process of making and receiving real -time voice transmissions over any Internet Protocol network. 2010 S -23 32C Telecommunication Users' Tax 3.35.030 V. "800 Service" means a "telecommunication; an application with the Tax Administrator and appeal to the service" that allows a caller to dial a toll -free number City Manager pursuant to Section 3.35.160 of this chapter without incurring a charge for the call. The service is is a prerequisite to a suit thereon. typically marketed under the name "800 ", "855 ", "866 ", C. The City Council may, by resolution, establish "877 ", and "888" toll -free calling, and includes any one or more classes of persons or one or more classes of subsequent numbers designated by the Federal utility service otherwise subject to payment of a tax imposed Communications Commission for such services. by this chapter and provide that such classes of persons or W. "900 Service" means an inbound toll service shall be exempt, in whole or in part from such tax "telecommunications service" purchased by a subscriber for a specified period of time. that allows the subscriber's customers to call in to the D. The Tax Administrator shall prepare a list of the subscriber's prerecorded announcement or live service. persons exempt from the provisions of this chapter by virtue "900 service" does not include the charge for collection of this section and furnish a copy thereof to each service services provided by the seller of the "telecommunications supplier. (Ord. 09 -2053, (part), 2009) services" to the subscriber, or service or product sold by the subscriber to the subscriber's customer. The service is 3.35.050 Telecommunication Users' Tax. typically marketed under the name "900" service, and A. There is hereby imposed a tax upon every person includes any subsequent numbers designated by the Federal in the city using telecommunication services. The maximum Communications Commission. (Ord. 09 -2053, (part), 2009) tax imposed by this section shall be at the rate of two and forty hundredths percent (2.40 %) of the charges made for 3.35.040 Constitutional, Statutory, and Other such services and shall be collected from the service user by Exemptions. the telecommunication services supplier or its billing agent. A. Nothing in this chapter shall be construed as There is a rebuttable presumption that telecommunication imposing a tax upon any person or service when the services, which are billed to a billing or service address in imposition of such tax upon such person or service would be the city, are used, in whole or in part, within the city's in violation of a federal or state statute, the Constitution of boundaries, and such services are subject to taxation under the United States or the Constitution of the State. Residentizl this chapter. If the billing address of the service user is service users of sixty -five years or older shall be exempt different from the service address, the service address of the from tax payments under this chapter. service user shall be used for purposes of imposing the tax. B. 1. Any service user who is exempt from the As used in this section, the term "charges" shall include the tax imposed by this chapter pursuant to subsection A. of this value of any other services, credits, property of every kind section shall file an application with the Tax Administrator or nature, or other consideration provided by the service for an exemption; provided, however, this requirement shall user in exchange for the telecommunication services. not apply to a service user that is a state or federal agency B. "Mobile Telecommunications Service" shall be or subdivision with a commonly recognized name for such sourced in accordance with the sourcing rules set forth in the service. Said application shall be made upon a form Mobile Telecommunications Sourcing Act (4 U.S.C. Section approved by the Tax Administrator and shall state those 124). The Tax Administrator may issue and disseminate to facts, declared under penalty of perjury, which qualify the telecommunication service suppliers, which are subject to applicant for an exemption, and shall include the names of the tax collection requirements of this chapter, sourcing all utility service suppliers serving that service user. '.[f rules for the taxation of other telecommunication services, deemed exempt by the Tax Administrator, such service user including but not limited to post -paid communication shall give the Tax Administrator timely written notice of any services and prepaid communication services, provided that change in utility service suppliers so' that the Tax such rules are based upon custom and common practice that Administrator can properly notify the new utility service further administrative efficiency and minimize supplier of the service user's tax exempt status. A service multi - jurisdictional taxation (e.g. , Streamlined Sales and Use user who fails to comply with this section shall not be Tax Agreement). entitled to a refund of utility users' taxes collected and C. The Tax Administrator may issue and disseminate remitted to the Tax Administrator from such service user as to telecommunication service suppliers, which are subject to a result of such noncompliance. the tax collection requirements of this chapter, an 2. The decision of the Tax Administrator may tie administrative ruling identifying those telecommunication appealed pursuant to Section 3.35.160 of this chapter. Filir..g services, or charges therefore, that are subject to or not subject to the tax of subsection A. above. 2010 S -23 3.35.050 Cupertino - Revenue and Finance 32D D. As used in this section, the term charges are separately stated, then for taxation purposes, the "telecommunication services" shall include, but are not values assigned the taxable and non - taxable services shall be limited to charges for: connection, reconnection, based on its books and records kept in the regular course of termination, movement, or change o: telecommunication business and in accordance with generally accepted services; late payment fees; detailed tiling; central office accounting principles, and not created and maintained for tax and custom calling features (including t :►t not limited to call purposes. The service supplier has the burden of proving the waiting, call forwarding, caller identifi and three -way proper valuation of the taxable and non - taxable services. calling); voice mail and other messagin,, services; directory (Ord. 09 -2053, (part), 2009) assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery 3.35.070 Substantial Nexus /Minimum Contacts. charges; local number portability charges; and text and For purposes of imposing a tax or establishing a duty instant messaging. "Telecommunication services" shall not to collect and remit a tax under this chapter, "substantial include: nexus" and "minimum contacts" shall be construed broadly 1. Digital downloads that ere not "ancillary in favor of the imposition, collection and /or remittance of telecommunication services" such as books, music, the telecommunications users tax to the fullest extent ringtones, games, and similar digital products; and permitted by state and federal law, and as it may change 2. Private telecommunication service. from time to time by judicial interpretation or by statutory E. To prevent actual multi - jurisdictional taxation of enactment. Any telecommunication service (including VoIP) telecommunication services subject to tax under this section, used by a person with a service address in the city, which any service user, upon proof to the Tax Administrator that service is capable of terminating a call to another person on the service user has previously paid the same tax in another the general telephone network, shall be subject to a state or city on such telecommunication services, shall be rebuttable presumption that "substantial nexus /minimum allowed a credit against the tax imposed to the extent of the contacts" exists for purposes of imposing a tax, or amount of such tax legally imposed in such other state or establishing a duty to collect and remit a tax, under this city; provided, however, the amount of credit shall not chapter. A service supplier shall be deemed to have exceed the tax owed to the city under this section. sufficient activity in the city for tax collection and remittance F. The tax on telecommunication services imposed purposes if its activities include, but are not limited to, any by this section shall be collected from the service user by of the following: maintains or has within the city, directly the service supplier. The amount of tax collected in one or through an agent or subsidiary, a place of business of any month shall be remitted to the Tax Administrator on or nature; solicits business in the city by employees, before the last day of the following month or, at the option independent contractors, resellers, agents or other of the service supplier, an estimated amount of tax representatives; solicits business in the city on a continuous, collected, measured by the tax bill in the previous month, regular, seasonal or systematic basis by means of advertising shall be remitted to the Tax Administrator on or before the that is broadcast or relayed from a transmitter with the city last day of each month. (Ord. 09 -2053, (part), 2009) or distributed from a location with the city; or advertises in newspapers or other periodicals printed and published within 3.35.060 Bundling Taxable Items with Non - Taxable the city or through materials distributed in the city by means Items. other than the United States mail; or if there are activities If any nontaxable charges are combined with and not performed in the city on behalf of the service supplier that separately stated from taxable service charges on the are significantly associated with the service supplier's ability customer bill or invoice of a service supplier, the combined to establish and maintain a market in the city for the charge is subject to tax unless the service supplier identifies, provision of communication services that are subject to the by reasonable and verifiable standards, the portions of the tax under this chapter. (Ord. 09 -2053, (part), 2009) combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular 3.35.080 Duty to Collect - Procedures. course of business, and in accordance with generally A. Collection by service suppliers. The duty of accepted accounting principles, and not created and service suppliers to collect and remit the taxes imposed by maintained for tax purposes. The service supplier has the the provisions of this chapter shall be performed as follows: burden of proving the proper apportionment of taxable and 1. The tax shall be collected by service suppliers non - taxable charges. If the service supplier offers a insofar as practicable at the same time as, and along with, combination of taxable and non - taxable services, and the the collection of the charges made in accordance with the 2010 S -23 32E Telecommunication Users' Tax 3.35.080 regular billing practice of the service supplier. Where the at the rate of 15 % of the total tax that is delinquent or amount paid by a service user to a service supplier is less deficient in the remittance, and shall pay interest at the rate than the full amount of the charge and tax which was of 1% per month, or any fraction thereof, on the amount of accrued for the billing period, a proportionate share of both the tax, exclusive of penalties, from the date on which the th° charge and the tax shall be deemed to have been paid. In remittance first became delinquent, until paid. th:.3e cases where a service user has notified the service C. The Tax Administrator shall have the power to supplier of refusal to pay the tax imposed on said charges, impose additional penalties upon persons required to collect St don 3.35.120 shall apply. and remit taxes pursuant to the provisions of this chapter for 2. The duty of a service supplier to collect the tax fraud or gross negligence in reporting or remitting at the rate from a service user shall commence with the beginning of of 15% of the amount of the tax collected and /or required to the first regular billing period applicable to the service user be remitted, or as recomputed by the Tax Administrator. where all charges normally included in such regular billing D. For collection purposes only, every penalty are subject to the provisions of this chapter. Where a service imposed and such interest that is accrued under the user receives more than one billing, one or more being for provisions of this section shall become a part of the tax different periods than another, the duty to collect shall arise herein required to be paid. (Ord. 09 -2053, (part), 2009) separately for each billing period. B. Filing return and payment. Each person required 3.35.100 Actions to collect. by this chapter to remit a tax shall file a return to the Tax Any tax required to be paid by a service user under the Administrator, on forms approved by the Tax provisions of this chapter shall be deemed a debt owed by Administrator, on or before the due date. The full amount the service user to the city. Any such tax collected from a of the tax collected shall be included with the return and service user which has not been remitted to the Tax filed with the Tax Administrator. The Tax Administrator is Administrator shall be deemed a debt owed to the city by the authorized to require such additional information as he or person required to collect and remit and shall no longer be she deems necessary to determine if the tax is being levied., a debt of the service user. Any person owing money to the collected, and remitted in accordance with this chapter. city under the provisions of this chapter shall be liable to an Returns are due immediately upon cessation of business for action brought in the name of the city for the recovery of any reason. Pursuant to Revenue and Tax Code Section such amount, including penalties and interest as provided for 7284.6, the Tax Administrator, and its agents, sha:Ll in this chapter, along with any collection costs incurred by maintain such filing returns as confidential information that the city as a result of the person's noncompliance with this is exempt from the disclosure provisions of the Public chapter, including, but not limited to, reasonable attorneys Records Act. (Ord. 09 -2053, (part), 2009) fees. Any tax required to be collected by a service supplier or owed by a service user is an unsecured priority excise tax 3.35.090 Collection Penalties - Service Suppliers. obligation under 11 U.S.C.A. Section 507(a)(8)(C). (Ord. A. Taxes collected from a service user are 09 -2053, (part), 2009) delinquent if not received by the Tax Administrator on cr before the due date. Should the due date occur on a weekend 3.35.110 Deficiency Determination and Assessment - or legal holiday, the return must be postmarked on the first Tax Application Errors. regular working day following the weekend or legal holiday. A. The Tax Administrator shall make a deficiency A direct deposit, including electronic fund transfers and determination if he or she determines that any person other similar methods of electronically exchanging monies required to pay or collect taxes pursuant to the provisions of between financial accounts, made by a service supplier in this chapter has failed to pay, collect, and /or remit the satisfaction of its obligations under this subsection shall be proper amount of tax by improperly or failing to apply the considered timely if the transfer is initiated on or before the tax to one or more taxable services or charges. Nothing due date, and the transfer settles into the city's account on herein shall require that the Tax Administrator institute the following business day. proceedings under this Section 3.35.110 if, in the opinion of B. If the person required to collect and /or remit the the Tax Administrator, the cost of collection or enforcement telecommunication users' tax fails to collect the tax (by likely outweighs the tax benefit. failing to properly assess the tax on one or more services cr B. The Tax Administrator shall mail a notice of such charges on the customer's billing) or fails to remit the tax deficiency determination to the person required to pay or collected on or before the due date, the Tax Administrator remit the tax, which notice shall refer briefly to the amount shall attach a penalty for such delinquencies or deficiencies of the taxes owed, plus interest at the rate of 1% per month, 2010 S -23 3.35.110 Cupertino - Revenue and Finance 32F or any fraction thereof, on the amount of the tax from the 3.35.120 Administrative Remedy - Non - Paying Service date on which the tax should have been received by the city. Users. Within 14 calendar days after the date of service of such A. Whenever the Tax Administrator determines that notice, the person may request in writing to the Tax a service user has deliberately withheld the amount of the tax Administrator for a hearing on the matter. owed by the service user from the amounts remitted to a C. If the person fails to request a hearing within the person required to collect the tax, or whenever the Tax prescribed time period; the amount of the deficiency Administrator deems it in the best interest of the city, he or determination shall become a final assessment, and shall she may relieve such person of the obligation to collect the immediately be due and owing to the city. If the person taxes due under this chapter from certain named service requests a hearing, the Tax Administrator shall cause the users for specific billing periods. To the extent the service matter to be set for hearing, which shall be scheduled within user has failed to pay the amount of tax owed for a period of 30 days after receipt of the written request for hearing. two or more billing periods, the service supplier shall be Notice of the time and place of the hearing shall be mailed relieved of the obligation to collect taxes due. The service by the Tax Administrator to such person at least ten supplier shall provide the city with the names and addresses calendar days prior to the hearing, and, if the Tax of such service users and the amounts of taxes owed under Administrator desires said person to produce specific the provisions of this chapter. Nothing herein shall require records at such hearing, such notice may designate the that the Tax Administrator institute proceedings under this records requested to be produced. Section 3.35.120 if, in the opinion of the Tax Administrator, D. At the time fixed for the hearing, the Tax the cost of collection or enforcement likely outweighs the tax Administrator shall hear all relevant testimony and benefit. evidence, including that of any other interested parties. At B. In addition to the tax owed, the service user shall the discretion of the Tax Administrator, the hearing may be pay a delinquency penalty at the rate of 15 % of the total tax continued from time to time for the purpose of allowing the that is owed, and shall pay interest at the rate of 1 % per presentation of additional evidence. Within a reasonable month, or any fraction thereof, on the amount of the tax, time following the conclusion of the hearing, the Tax exclusive of penalties, from the due date, until paid. Administrator shall issue a final assessment (or C. The Tax Administrator shall notify the non - paying non - assessment), thereafter, by confirming, modifying or service user that the Tax Administrator has assumed the rejecting the original deficiency determination, and shall responsibility to collect the taxes due for the stated periods mail a copy of such final assessment to person owing the and demand payment of such taxes, including penalties and tax. The decision of the Tax Administrator may be interest. The notice shall be served on the service user by appealed pursuant to Section 3.35.160 of this chapter. personal delivery or by deposit of the notice in the United Filing an application with the Tax Administrator and appeal States mail, postage prepaid, addressed to the service user at to the City Manager pursuant to Section 3.35.160 of this the address to which billing was made by the person required chapter are prerequisites to a suit thereon. to collect the tax; or, should the service user have a change E. Payment of the final assessment shall become of address, to his or her last known address. delinquent if not received by the Tax Administrator on or D. If the service user fails to remit the tax to the Tax before the thirtieth day following the date of receipt of the Administrator within 30 days from the date of the service of notice of final assessment. The penalty for delinquency the notice upon him or her, the Tax Administrator may shall be 15 % on the total amount of the assessment, along impose an additional penalty of 15 % of the amount of the with interest at the rate of one (1%) percent per month, or total tax that is owed. (Ord. 09 -2053, (part), 2009) any fraction thereof, on the amount of the tax, exclusive of penalties, from the date of delinquency, 'until paid. The 3.35.130 Additional Powers and Duties of the Tax applicable statute of limitations regarding a claim by the city Administrator. seeking payment of a tax assessed under this chapter shall A. The Tax Administrator shall have the power and commence from the date of delinquency as provided in this duty, and is hereby directed, to enforce each and all of the division E. provisions of this chapter. F. All notices under this section may be sent by B. The Tax Administrator may adopt administrative regular mail, postage prepaid, and shall be deemed received rules and regulations consistent with provisions of this on the third calendar day following the date of mailing, as chapter for the purpose of interpreting, clarifying, carrying established by a proof of mailing. (Ord. 09 -2053, (part), out and enforcing the payment, collection and remittance of 2009) the taxes herein imposed. The administrative ruling shall not 2010 S -23 32G Telecommunication Users' Tax 3.35.130 impose a new tax, revise an existing tax methodology as presumed correct unless and until rebutted by competent stated in this Section, or increase an existing tax, except as evidence. allowed by California Government Code Section 53750(h) E. Upon receipt of a written request of a taxpayer, or other applicable law. A copy of such administrative rules and for good cause, the Tax Administrator may extend the and regulations shall be on file in the Tax Administrator's time for filing any statement required pursuant to this office. To the extent that the Tax Administrator determines chapter for a period of not to exceed 45 days, provided that that the tax imposed under this chapter shall not be collected the time for filing the required statement has not already in full for any period of time from any particular service passed when the request is received. No penalty for supplier or service user, that determination shall be delinquent payment shall accrue by reason of such extension. considered an exercise of the Tax Administrator's discretion Interest shall accrue during said extension at the rate of 1% to settle disputes and shall not constitute a change in taxing percent per month, or any fraction thereof. methodology for purposes of Government Code Section F. The Tax Administrator shall determine the 53750(h) or otherwise. The Tax Administrator is not eligibility of any person who asserts a right to exemption authorized to amend the city's methodology for purposes of from, or a refund of, the tax imposed by this chapter. Government Code Section 53750(h) and the city does not G. Notwithstanding any provision in this chapter to waive or abrogate its ability to impose the the contrary, the Tax Administrator may waive any penalty telecommunications users' tax in full as a result of or interest imposed upon a person required to collect and /or promulgating administrative rulings or entering into remit for failure to collect the tax imposed by this chapter if agreements. the non - collection occurred in good faith. In determining C. Upon a proper showing of good cause, the Tax whether the non - collection was in good faith, the Tax Administrator may make administrative agreements, with Administrator shall take into consideration industry practice appropriate conditions, to vary from the strict requirements or other precedents. (Ord. 09 -2053, (part), 2009) of this chapter and thereby: 1. Conform to the billing procedures of a particular 3.35.140 Records. service supplier so long as said agreements result in the A. It shall be the duty of every person required to collection of the tax in conformance with the general collect and /or remit to the city any tax imposed by this purpose and scope of this chapter; or chapter to keep and preserve, for a period of at least three 2. To avoid a hardship where the administrative years, all records as may be necessary to determine the costs of collection and remittance greatly outweigh the tax amount of such tax as he or she may have been liable for the benefit. A copy of each such agreement shall be on file in collection of and remittance to the Tax Administrator, which the Tax Administrator's office, and are voidable by the Tax records the Tax Administrator shall have the right to inspect Administrator or the city at any time. at any reasonable time. D. The Tax Administrator may conduct an audit, to B. The city may issue an administrative subpoena to ensure proper compliance with the requirements of this compel a person to deliver, to the Tax Administrator, copies chapter, of any person required to collect and /or remit a tax of all records deemed necessary by the Tax Administrator to pursuant to this chapter. The Tax Administrator shall notify establish compliance with this chapter, including the delivery said person of the initiation of an audit in writing. In the of records in a common electronic format on readily absence of fraud or other intentional misconduct, the audit available media if such records are kept electronically by the period of review shall not exceed a period of three years person in the usual and ordinary course of business. As an preceding the date of receipt of the written notice by said alternative to delivering the subpoenaed records to the Tax person from the Tax Administrator. Upon completion of the Administrator on or before the due date provided in the audit, the Tax Administrator may make a deficiency administrative subpoena, such person may provide access to determination pursuant to Section 3.35.110 of this chapter such records outside the city on or before the due date, for all taxes (and applicable penalties and interest) owed and provided that such person shall reimburse the city for all not paid, as evidenced by information provided by such reasonable travel expenses incurred by the city to inspect person to the Tax Administrator. If said person is unable or those records, including travel, lodging, meals, and other unwilling to provide sufficient records to enable the Ta similar expenses, but excluding the normal salary or hourly Administrator to verify compliance with this chapter, the wages of those persons designated byy the city to conduct the Tax Administrator is authorized to make a reasonable inspection. estimate of the deficiency. Said reasonable estimate shall be C. The Tax Administrator is authorized to execute a non - disclosure agreement approved by the City Attorney to 2010 S -23 3.35.140 Cupertino - Revenue and Finance 32H protect the confidentiality of customer information pursuant Section shall be subject to the provisions of Government to California Revenue and Tax Code Sections 7284.6 and Code Sections 945.6 and 946. The Tax Administrator, or the 7284.7. City Council where the claim is in excess of $5,000, shall D. If a service supplier uses a billing agent or billing act upon the refund claim within the time period set forth in aggregator to bill, collect, and /or remit the tax, the service Government Code Section 912.4. If the Tax supplier shall: Administrator /City Council fails or refuses to act on a 1. Provide to the Tax Administrator the name, refund claim within the time prescribed by Government address and telephone number of each billing agent and Section 912.4, the claim shall be deemed to have been billing aggregator currently authorized by the service rejected by the city on the last day of the period within supplier to bill, collect, and /or remit the tax to the city; and which the city was required to act upon the claim as 2. Upon request of the Tax Administrator, deliver, provided in Government Code Section 912.4. The Tax or effect the delivery of, any information or records in the Administrator shall give notice of the action in a form which possession of such billing agent or billing aggregator that, substantially complies with that set forth in Government in the opinion of the Tax Administrator, is or are necessary Code Section 913. to verify the proper application, calculation, collection C. Notwithstanding the notice provisions of and /or remittance of such tax to the city. subsection A. of this section, the Tax Administrator may, at E. Any person subject to record - keeping obligations his or her discretion, give written permission to a service under this Section unreasonably denies the Tax supplier, who has collected and remitted any amount of tax Administrator access to such records, or fails to produce the in excess of the amount of tax imposed by this chapter, to information requested in an administrative subpoena within claim credit for such overpayment against the amount of tax the time specified shall be guilty of a violation of this code which is due the city upon a subsequent monthly return(s) to punishable under Section 1.12.010 of this code or in any the Tax Administrator, provided that: other manner permitted by law. Such penalty shall be in 1. Such credit is claimed in a return dated no later addition to any other penalties provided by this chapter. than one year from the date of overpayment or erroneous (Ord. 09 -2053, (part), 2009) collection of said tax; 2. The Tax Administrator is satisfied that the 3.35.150 Refunds. underlying basis and amount of such credit has been Whenever the amount of any tax has been overpaid or reasonably established; and paid more than once or has been erroneously or illegally 3. In the case of an overpayment by a service user to collected or received by the Tax Administrator under this the service supplier that has been remitted to the city, the chapter from a person or service supplier, it may be Tax Administrator has received proof, to his or her refunded as provided in this section as follows: satisfaction, that the overpayment has been refunded by the A. The Tax Administrator may refund any tax that service supplier to the service user in an amount equal to the has been overpaid or paid more than once or has been requested credit. erroneously or illegally collected or received by the Tax D. Notwithstanding subsections A., B., and C. Administrator under this chapter from a person or service above, a service supplier shall be entitled to take any supplier, provided that no refund shall be paid under the overpayment as a credit against an underpayment whenever provisions of this section unless the claimant or his or her such overpayment has been received by the city within the guardian, conservator, executor, or administrator has three years preceding a deficiency determination or submitted a written claim to the Tax Administrator within assessment by the Tax Administrator in connection with an one year of the overpayment or erroneous or illegal audit instituted by the Tax Administrator pursuant to Section collection of said tax. Such claim must clearly establish 3.35.130D. A service supplier shall not be entitled to said claimant's right to the refund by written records showing credit unless it first clearly establishes, to the satisfaction of entitlement thereto. Nothing herein shall permit the filing of the Tax Administrator, the right to the credit by written a claim on behalf of a class or group of taxpayers unless records showing entitlement thereto. Under no each member of the class has submitted a written claim circumstances shall an overpayment taken as a credit against under penalty of perjury as provided by this subsection. an underpayment pursuant to this subsection qualify a B. The filing of a written claim pursuant to service supplier for a refund to which . it would not otherwise Government Code Section 935 is a prerequisite to any suit be entitled under the one -year written claim requirement of thereon. Any action brought against the city pursuant to this this section. (Ord. 09 -2053, (part), 2009) 2010 S -23 32I Telecommunication Users' Tax 3.35.160 3.35.160 Appeals. 3.35.180 Notice of Changes to Ordinance. A. The provisions of this section apply to any If a tax under this chapter is added repealed, increased, decision (other than a decision relating to a refund pursuant reduced, or the tax base is changed, the Tax Administrator to Section 3.35.150 of this chapter), deficiency shall follow the notice requirements of California Public determination, assessment, or administrative ruling of the Utilities Code Section 799. (Ord. 09 -2053, (part), 2009) Tax Administrator (other than the adoption of rules and regulations for the implementation of this chapter to be 3.35.190 Effect of State and Federal Reference/ implemented prospectively). Any person aggrieved by any Authorization. such decision may appeal to the City Manager by filing a Unless specifically provided otherwise, any reference notice of appeal with the City Clerk within 14 days of the to a state or federal statute in this chapter shall mean such date of the decision, deficiency determination, assessment, statute as it may be amended from time to time, provided or administrative ruling of the Tax Administrator from that such reference to a statute herein shall not include any which appeal is taken. Compliance with this Section shall subsequent amendment thereto, or to any subsequent change be a prerequisite to a suit thereon. Nothing herein shall of interpretation thereto by a state or federal agency or court permit the filing of a claim or action on behalf of a class or of law with the duty to interpret such law, to the extent that group of taxpayers. such amendment or change of interpretation would require B. The matter shall be scheduled for hearing before voter approval under California law, or to the extent that an independent hearing officer selected by the City Manage such change would result in a tax decrease (e.g. , as a result no more than 30 days from the receipt of the appeal. The of excluding all or a part of a communication service, or appellant shall be served with notice of the time and place of charge therefore, from taxation). Only to the extent voter the hearing, as well as any relevant materials, at least five approval would otherwise be required or a tax decrease calendar days prior to the hearing. The hearing may be would result, the prior version of the statute (or continued from time to time upon mutual consent. At the interpretation) shall remain applicable; for any application or time of the hearing, the appealing party, the Tax situation that would not require voter approval or result in a Administrator, and any other interested person may present decrease of a tax, provisions of the amended statute (or new such relevant evidence as he or she may have relating to the interpretation) shall be applicable to the maximum possible determination from which the appeal is taken. extent. To the extent that the city's authorization to collect C. Based upon the submission of such evidence and or impose any tax imposed under this chapter is expanded or the review of the city's files, the hearing officer shall issue limited as a result of changes in state or federal law, no a written notice and order upholding, modifying or amendment or modification of this chapter shall be required reversing the determination from which the appeal is taken, to conform the tax to those changes, and the tax shall be The notice shall be given within 14 days after the conclusion imposed and collected to the full extent of the authorization of the hearing and shall state the reasons for the decision up to the full amount of the tax imposed under this chapter. The notice shall specify that the decision is final and that: (Ord. 09 -2053, (part), 2009) any petition for judicial review shall be filed in accordance with Code of Civil Procedure Section 1094.6. 3.35.200 Independent Audit . of Tax Collection, D. All notices under this section may be sent by U.S. Exemption, Remittance, and Expenditure. mail, postage prepaid, and shall be deemed received on the The city shall annually verify that the taxes owed under third calendar day following the date of mailing, as this chapter have been properly applied, exempted, established by a proof of mailing. (Ord. 09 -2053, (part), collected, and remitted in accordance with this chapter, and 2009) properly expended according to applicable municipal law. The annual verification shall be performed by a qualified 3.35.170 No Injunction/Writ of Mandate. independent third party and the review shall employ No injunction or writ of mandate or other legal or reasonable, cost - effective steps to assure compliance, equitable process shall issue in any suit, action, or including the use of sampling audits. The verification shall proceeding in any court against this city or against any not be required of tax remitters where the cost of the officer of the city to prevent or enjoin the collection under verification may exceed the tax revenues to be reviewed. this chapter of any tax or any amount of tax required to be (Ord. 09 -2053, (part), 2009) collected and /or remitted. (Ord. 09 -2053, (part), 2009) 3.35.210 Interaction with Prior Tax. A. Satisfaction of tax obligation by service users. Any person who pays the tax levied pursuant to Section 2010 S -23 3.35.210 Cupertino - Revenue and Finance 32J 3.35.050 of this code with respect to any charge for a 3.35.230 Duration. telecommunication service shall be deemed to have satisfied The tax shall be levied until November 6, 2030 at his or her obligation to pay the tax levied pursuant to which time, the tax levied hereinunder, unless further Section 3.34.030 of this code with respect to that charge. extended, shall cease. (Ord. 09 -2053, (part), 2009) Likewise, prior to April 1, 2010, any person who pays the tax levied pursuant to Section 3.34.030 of this code with respect to any charge for a service subject to taxation pursuant to this chapter shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to Section 3.35.050 of this code with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior telephone users' tax to the new telecommunication users' tax (which transition period ends April 1, 2010) and to permit telecommunications service providers, during that transition period, to satisfy their collection obligations by collecting either tax. B. Collection of tax by service providers. Service providers shall begin to collect the tax imposed by this chapter as soon as feasible after the effective date of the chapter, but in no event later than permitted by Section 799 of the California Public Utilities Code. C. Judicial determinations. In the event that a final court order should determine that the election enacting this Chapter 3.35 is invalid for whatever reason, or that any tax imposed under this Chapter 3.35 is invalid in whole or in part, then the taxes imposed under Section 3.34.030 shall automatically continue to apply with respect to any service for which the tax levied pursuant to this chapter has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this chapter is not valid. However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the city) paid by a person with respect to a service and calculated pursuant to this chapter shall be deemed to satisfy the tax imposed under Section 3.34.030 on that service, so long as the tax is paid with respect to a service provided no later than six months subsequent to the date on which the final court order is published. (Ord. 09 -2053, (part), 2009) 3.35.220 Remedies Cumulative. All remedies and penalties prescribed by this chapter or which are available under any other provision of law or equity, including but not limited to the California False Claims Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 09 -2053, (part), 2009) 2010 S -23 5 Street Improvements 14.04.030 D. Protect the vested interest of the public in the 2. If sidewalk is not to be provided, the street is not preexisting capacity of the City's streets and highways; on a recognized route to school. E. Promote the installation of all necessary street 3. If sidewalk is not to be provided, traffic improvements in the most economically feasible manner to conditions on the street are such that pedestrians may travel both City and to the owners of affected parcels of land; safely along the street without a separate pedestrian F. Protect the public safety, living standards and pathway. common welfare of the general public. (Ord. 1094, (part), 4. There are no significant accessibility issues that 1981) will arise from lack of sidewalk or the use of alternate sidewalk. 14.04.040 Requirements — General. 5. Waiver of streetlights or alternate streetlights A. Any person who proposes to erect, construct, add would not contribute to an unsafe condition for traffic, to, alter or repair any building or structure for which a pedestrian travel, or the security of the surrounding building permit is required by the City on or upon any land neighborhood. There are no maintenance or replacement adjacent to an unimproved street, or who seeks a use permit issues with any alternate proposed. or architectural and site approval from the City for land E. In addition, for a semi -rural designation: adjacent to an unimproved street must improve, or agree to 1. Adequate drainage along the street and in the improve by installation agreement, said street as herein surrounding area exists, or can be achieved, with alternate required by the installation of such of the following curb and gutter or dike. improvements as the City Engineer, under the provisions of 2. At least two- thirds of the property owners along this chapter, deems necessary: underground utilities, curbs the affected street have signed a petition to the City and gutters, driveways, sidewalk, street paving and overlay, requesting a semi -rural designation for their street. The street lights, storm sewers, sanitary sewers, street trees, petition must make it clear that streetlights may not be street signs, water lines, fire hydrants, and retaining walls, totally waived along the street, but may still be required at and, where necessary, the dedications and improvements of larger spacings or at important locations, such as service roads, facilities for off - street parking, alleys, intersections, along the street. easements for public utilities, drainage, sewers, walkways, F. In addition, for a rural designation: watercourses, planting strips and nonaccess facilities, and 1. Adequate drainage along the street and in the the payment of park and recreation facilities acquisition and surrounding area exists, or can be achieved, without curb maintenance fees in accordance with Chapter 14.05 of the and gutter. City's Ordinance Code. Said improvements or installation 2. At least two - thirds of the property owners along agreements shall be a condition precedent to the issuance of the affected street have signed a petition to the City any required building permit, use permit, or architectural requesting a rural designation for their street. The petition approval. must make it clear that streetlights may not be totally waived B. Certain local streets not covered under the hillside along the street, but may still be required at larger spacings development provisions of this Code may be of such a nature or at important locations, such as intersections, along the that the City can determine them to be eligible for modified street. The petition must also make it clear that street street improvement standards. Developers of properties that sweeping cannot be performed on streets where there is no front on unimproved or partially improved portions of such curb and gutter. a street may apply to the City to modify the improvement G. Alternates to standard high curb and gutter (Type standards for that street by requesting that the City adopt a A2 -6, Fig. 1 -16, City of Cupertino Standard Details) that rural or semi -rural designation for that street. In the case of will typically be acceptable are roll curb (Type E, Ibid.) and lots having street frontage along more than one street, a A.C. Dike (Type A3 -6D, Ibid.) rural or semi -rural designation, once approved, shall apply H. If no projects to which a rural or semi -rural only to the frontage or frontages that have been included i 1 standard would apply have occurred along a street within a successful petition for such designation. five years of the date that the City Council approved a rural C. The City Council, upon the recommendation of or semi -rural designation for that street, the rural or semi - the City Engineer, may approve a rural or semi -rurs.1 rural designation will expire, and the standard improvements designation for a street, based upon the following findings . will again be required for the street until such time that the D. For either a rural or a semi -rural street City Council approves a new rural or semi -rural designation designation: for the street by the process outlined in this section. 1. Conventional improvements are not appropriate I. Any surveys, studies, plans, profiles, etc., due to the character of development in the area, and determined by the City Engineer as necessary for making surrounding developed properties lack such improvements . 2010 S -23 14.04.040 Cupertino - Streets, Sidewalks and Landscaping 6 any of the foregoing findings for a rural or semi -rural street not fully compensate the City for the expense of making the designation shall be the responsibility of the applicant for improvement. In order to mitigate the disparity between such designation. improvement costs and in -lieu payments, the City shall be J. The City will specify the form and content of required to install improvements financed by said in -lieu petitions. payments only at such time as the City can do so on an K. Typical "rural" and "semi- rural" street sections economical, areawide basis, rather than on an expensive are shown in Figure 1 -11 of the City of Cupertino Standard piecemeal basis. (Ord. 1094, (part), 1981) Details. (Ord. 09 -2049, 2009; Ord. 1925, (part), 2003; Ord. 1479, § 1, 1989; Ord. 1094, (part), 1981) 14.04.080 Deferred Agreements — Purpose— Deferral of Improvements by the City. 14.04.050 Dedication — Time — Purpose. Deferred agreements are intended to provide permittees Real property is required to be dedicated at the time of, who develop in certain areas an alternative method of and as a condition precedent to, the issuance of the permit meeting their obligations under this chapter to install street sought by the permittee. The purpose of this requirement is improvements. In areas where immediate installation of that unless dedication is required at the time, buildings, improvements on a piecemeal basis cannot be accomplished structures, or other encroachments may be placed on the without creating a dangerous change in street or sidewalk parcel required for dedication by present or future owners grade, or a hazardous lack of street alignment, or interfering or occupants which will interfere with the dedication and with utility service, or causing disproportionate expense in which will be expensive and time - consuming to remove; the relocation of utility lines, or interfering with natural or various liens or encumbrances may attach to the parcel to be artificial drainage facilities and causing ponding or flooding, dedicated between the date the permit issues and the date of and where property may develop at an uneven and sporadic dedication, which will cloud title, cause delay and expense rate, making it difficult, if not impossible, to determine in eliminating, and will lead to litigation. Property lines and when improvements can be installed on an areawide basis, titles will be rendered uncertain by a requirement of an the City Engineer, at his option, may allow the permittee to executory dedication, and clerical oversights may execute a deferred agreement in lieu of obligations imposed inadvertently occur if dedication is postponed so that a by Sections 14.04.040 or 14.04.070 of this chapter. (Ord. dedication normally required may be overlooked, resulting 1094, (part), 1981) in a loss to the City as a whole, and in an unjust windfall to one property owners. (Ord. 1094, (part), 1981) 14.04.090 Interim Street Improvement— Certain Areas— Purpose. 14.04.060 In -Lieu Payments and Deferred A. Certain areas within the City as shall be more Agreements. specifically described by resolution of the City Council, Notwithstanding the requirements of Section have the following special characteristics: 14.04.040, permittee, at the option of the City Engineer, 1. Virtually all properties within the area are fully shall be allowed to make provision for the necessary street developed and application for permits from property owners improvements either within the area will, in all likelihood, be filed with the City A. By in -lieu payment as defined in Section at a very slow rate over a substantial period of time; 14.04.010 (B); 2. Major portions of the streets in the area are of B. By a deferred agreement as defined in Section less than standard width and are without full street 14.04.010(A); or improvements as normally required by the City; C. By a combination of the above. (Ord. 1094, 3. Full street improvements, if required to be (part), 1981) installed under the general requirements of Section 14.04.040, would be installed in a piecemeal and 14.04.070 In -Lieu Payments — Purpose— Deferral of uneconomic manner over an unreasonably long period of Payments by the City. time; In -lieu payments are intended to provide a method to 4. The use of in -lieu payments or deferred achieve the objectives of this chapter without the delay and agreements, as described in Sections 14.04.010(A) (B), expense to the permittee attendant upon the preparation and 14.04.060, and 14.04.070 of this chapter, would not be review of contracts, faithful performance bonds, labor and equitable or practical due to the fact that most properties in material bonds, insurance policies, and other requirements. the area are unlikely to develop or redevelop for a However, the formula for the determination of the amount substantial period of time; hence, full street improvements of in -lieu payment, as specified in Section 14.04.180, does 2010 S -23 TITLE :17: SIGNS* Chapter 17.04 General Provisions 17.08 Definitions 17.12 Administrative Procedures 17.16 Exempt Signs 17.20 Prohibited Signs 17.24 Sign Regulations 17.32 Temporary Signs- Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement Appendix A -1: Sign Application Approval Process Flow Chart Appendix A -2: Examples of How to Measure Sign Area Appendix A -3: Examples of Well Proportioned Signs Examples of Signs not well proportioned Appendix A -4: Cupertino Standard Detail 7 -2 Corner Triangle - Controlled Entersections Appendix A -5: Cupertino Standard Detail 7 -4 Corner Triangle- Uncontrolled Intersections Appendix A -6: Cupertino Standard Detail 7 -6 Sidewalk site Triangle I:Sidewalk Clearance at Driveways) Appendix A -7: :Example of How to Figure Size and Location of Ground ;signs Appendix A -8: Landmark Signs * Prior Ordinance History: Ords. 746, 894, 1208, 1320 and 1414. 2010 S -23 1 17.04.010 CHAPTER 17.04: GENERAL PROVISIONS Section 17.04.010 Short title. 17.04.030 Savings Clause. 17.04.020 Purpose and intent. The changes provided for in Sections 17.32.010 and 17.04.030 Savings clause. 17.32.090 shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of 17.04.010 Short Title. Ordinance 1755; nor shall it affect any prosecution, suit or Chapters 17.04 through 17.52 of this title, shall proceeding pending or any judgment rendered prior to the hereafter be known and cited as the "sign ordinance." (Ord. effective date of Ordinance 1755, April 21, 1997. (Ord. 09 -2050, (part), 2009; Ord. 1624, (part), 1993) 2050, (part), 2009; Ord. 1755, (part), 1997) 17.04.020 Purpose and Intent. A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City. B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. C. The City has adopted this title with the intent to: 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. (Ord. 09 -2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 2010 S -23 3 17.08.010 CHAPTER 17.08: DEFINITIONS Section 17.08.010 Definitions. "Commercial district" means an area of land designated for commercial use in the current Cupertino General Plan. 17.08.010 Definitions. "Community organization" means a nonprofit All definitions in Chapter 19.08, Definitions, of the organization based in the City and whose activities benefit Cupertino Municipal Code are applicable to this chapter. the City, its residents, employees, or businesses located "Advertising statuary" means a structure or device o:' therein. any kind or character for outdoor advertising purposes "Corner triangle" means a triangular- shaped area of which displays or promotes a particular product or service , land adjacent to an intersection of public rights -of -way, as but without name identification. further defined in Cupertino Standard Details Drawings "Alteration" means any permanent change to a sign. Nos. 7 -2 and 7 -4. Unobstructed views over these areas are "Animated sign" means any sign which projects action, essential to the public safety for bicyclists, motorists and motion or the illusion thereof, changes intensity o F pedestrians. (See Appendix A -4, Cupertino Standard Detail illumination or changes colors, including the likes o F 7 -2; Corner Triangle -- Controlled Intersections, and A -5, balloons, banners and flags, and blowing or air - powered Cupertino Standard Detail 7 -4; Corner Triangle- - attractions, but excluding electronic readerboard signs and Uncontrolled Intersections for details.) signs that display the current time or temperature. "Decorative statuary" means any structure or device of "Architectural projection" means any permanent any kind or character placed solely for aesthetic purposes extension from the structure of a building, including the and not to promote any product or service. likes of canopies, awnings and fascia. "Development Identification Sign" means a ground "Banner" means a temporary display consisting of sign at the major entry to a residential development with fabric, canvas, plastic or paper material which is attached to twenty units or more meant to identify the name and address a building, vehicle, pole or other form of support. of the development. "Blade sign" means a pedestrian oriented sign, "Directional sign" means any sign which primarily adjacent to a pedestrian walkway or sidewalk, attached to a displays directions to a particular area, location or site. building wall, marquee, awning or arcade with the exposed "Director" means the Director of Community face of the sign in a plane perpendicular to the plane of the Development for the City or any authorized representative building wall. thereof. "Building frontage" means the length or the surface of "Directory sign" means any outdoor listing of the building wall which faces, and is visible to the general occupants of a building or group of buildings. public from, a private or public right -of -way or driveway. "Driveway" means any driveway that provides a "Changeable copy sign" means any sign, or portion business direct access to a public or private street. thereof, which provides for each manual changes to the "Electronic readerboard sign" means an electronic sign visible message without changing structural surfaces, intended for a periodically- changing advertising message. including the likes of theater marquees and gasoline service "Flag" means any fabric, banner, or bunting station price signs, but excluding electronic readerboard containing distinctive colors, patterns, or symbols, used as signs and signs which display the current time or a symbol of a government, political subdivision, or other temperature. entity. "Change of face" means any changes to the letter style, "Foot - lambert" means a unit measurement of the size, color, background, or message. brightness of light transmitted through or reflected from an object or surface. 2010 S -23 5 17.08.010 Cupertino - Signs 6 "Freeway" means any public roadway so designated panels, painted bulletins and other similar advertising by the State of California. displays. "Freeway oriented sign" means any sign which is "Office district" means those buildings or groups of located within six hundred sixty feet and visible from a buildings for which the permitted uses are professional freeway right -of -way as defined by Section 5200 of the offices, is within an OA zone or which are designated for California Business and Professions Code. offices on the general plan. "Garage sale signs" means any 3:,gn used for "On -site sign" means a sign directing attention to a advertising a garage or patio sale as defined Chapter 5.16 business, commodity, service or entertainment conducted, of the Cupertino Municipal Code. sold or offered upon the same premises as those upon which "Gasoline service station" means any place of business the sign is maintained. which offers for sale any motor vehicle fuel to the public. "Pennant" means any lightweight plastic, fabric, or "Ground sign" means any sign permanently affixed to other material, whether or not containing a message of any the ground and not supported by a building : tructure. The kind, suspended from a rope, wire, or string, usually in a height of such signs shall be measured from the grade of the series, designed to move in the wind. adjoining closest sidewalk to the top of the sign including "Political sign" means a temporary sign that trim. encourages a particular vote in a scheduled election and is "Identification sign" means any sign whose sole posted prior to the scheduled election. purpose is to display the name of the site and the names of "Portable Sign or Display" means any outdoor sign or the occupants, their products or their services. display not permanently attached to the ground or a structure "Illegal sign" means any sign or advertising statuary on the premises it is intended to occupy and displayed only which was not lawfully erected, maintained, or was not in during business hours. Portable sign or display includes conformance with the provisions of this title in effect at the A- frames, flower carts, statues, and other similar devices time of the erection of the sign or advertising statuary or used for advertising as determined by the Director. which was not installed with a valid permit from the City. "Project announcement sign" means any temporary "Illuminated sign" means any sign utilizing an artificial sign that displays information pertinent to a current or future source of light to enhance its visibility. site of construction, including the likes of the project name, "Industrial district" means all ML districts and any developers, owners and operators, completion dates, other zoning classifications which are consistent with the availability and occupants. industrial designation of the Cupertino general plan. "Projecting sign" means any sign other than a wall sign "Informational sign" means any sign which promotes that is attached to and projects from a structure or building no products or services, but displays service or general face or wall. information to the public, including the likes of hours of "Promotional Device" means any sign, display, operation, rest room identifications and hazardous warnings. fixture, placard, vehicle or structure that uses color, form, "Institutional district" means all BQ, PR, FP, and BA graphic, symbol, illumination or writing to advertise a districts and other zoning classifications and uses which are special event or the opening of a new business. considered institutional in nature and are consistent with the "Real estate sign" means a temporary sign indicating institutional or quasi - public designation of the general plan. that a particular premises is for sale, lease or rent. "Landmark sign" means an existing, legal "Residential district" means the R1, RHS, R2, R3, non - conforming ground sign that has a distinctive R1C, A, and Al zoning classifications which are consistent architectural style. with the residential designation of the Cupertino general "Nonconforming sign" means any sign or advertising plan. statuary that was legally erected and had obtained a valid "Roof sign" means a sign erected between the lowest permit in conformance with the ordinance in effect at the and highest points of a roof. time of the erection of the sign but which became "Shopping center" means a retail entity encompassing nonconforming due to the adoption of the ordinance codified three or more tenants within a single building or group of in this title. buildings, but within which individual business located in "Obsolete sign" means any sign that displays incorrect defined tenant spaces are owned and managed separately or misleading information, promotes products or services no from the shopping center management. longer available at that site or identifies departed occupants. "Sidewalk site triangle" is a triangular shaped area "Off -site sign" means any sign not located on the described in Cupertino Standard Detail 7 -6. (See Appendix premises of the business or entity indicated or advertised by A -6, Cupertino Standard Detail; Sidewalk Site Triangle the sign. This definition shall include billboards, poster (Sidewalk Clearance at Driveway), at the end of this title.) 2010 S -23 7 Definitions 17.08.010 "Sign" means any device, fixture, placard, or structure "Vehicle sign" means a sign painted on or attached to that uses any color, form, graphic, illumination, symbol, or an operable or movable vehicle; in the case of motor writing to advertise, announce the purpose of, or identify vehicles, "operable" shall be defined as having a valid the pu;nose of a person or entity, to communicate license plate. inform i ion of any kind to the public. "Wall sign" means any sign that is attached, erected or "E.gn Area" for an individually lettered sign without painted on a structure attached to a building, a canopy a background, is measured by enclosing the sign copy with structure, or the exterior wall of a building with the exposed a contii :'sous perimeter in simple rectilinear forms. (See face of the sign parallel to the wall. Appendix A -2 for examples of sign area calculation) "Window sign" means any sign displayed in or painted The sign area for a sign with borders and /or on a window facing a public street, parking lot, pedestrian background is measured by enclosing the exterior limits of plaza or walkway accessible to the public. Displayed in the border or background with a single continuous means a sign that is clearly intended to be visible from an perimeter. The necessary supports, uprights, and/ or the adjacent street. (Ord. 2050, (part), 2009; Ord. 2030, base on which such sign is placed, shall be excluded from (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), the sign area. 1993) When a sign is separated by thirty -six inches or more, the area of each part may be computed separately. "Site" means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event" means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. "Street frontage" means the length of a site along or fronting on a public or private street or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right -of -way or limited access roadway or freeway. "Temporary Sign" means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to the sign. "V- shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 2010 S -23 17.12.010 CHAPTER 17.12: ADMINISTRATIVE PROCEDURES Section 17.12.010 Conformity with provisions required. 17.12.040 Application -Form and Contents. 17.12.020 Permit- Required. An application for sign approval shall be made on a 17.12.030 Signs requiring Planning form specifying type, number of exhibits and filing fees by Commission review. the Director and shall be signed by the property owner or a 17.12.040 Application -Form and contents. duly authorized agent. The application shall contain 17.12.060 Application- Review criteria. information regarding the size, color and samples, 17.12.070 Sign modification - Authority. illumination intensity and type, materials, number, location, 17.12.080 Permit- Issuance by Building type of signs, and the location of the business on the site and Division - Installation information. any other additional information as may be deemed 17.12.090 Appeals and exceptions. necessary by the Director. (Ord. 2050, (part), 2009; Ord. 17.12.100 Inspection requirements. 1624, (part), 1993) 17.12.110 Summary of application approval process. 17.12.060 Application- Review Criteria. 17.12.120 Revocation of sign The Director, Design Review Committee or the approval - Authority. Planning Commission, as the case may be, shall review the 17.12.130 Grounds for revocation. sign application to ensure that the following criteria are met: 17.12.140 Hearings- Notice. A. The proposed sign meets the requirements of this title or any special conditions imposed in the development by the Planning Commission or City Council. 17.12.010 Conformity with Provisions Required. B. The proposed sign's color and illumination is not It is unlawful for a sign to be placed, erected, moved, in conflict with the safe flow of traffic on the City streets. reconstructed or altered unless made to comply with the C. The sign is in conformance with the Design provisions of this title. (Ord. 2050, (part), 2009; Ord. Criteria in Section 17.24.180 of this Title. 1624, (part), 1993) (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.020 Permit - Required. All signs which are not exempted by Chapter 17.16 17.12.070 Sign Modification- Authority. require a sign permit to be approved by the Director. The The Director, Design Review Committee or Planning Director shall review and submit to the applicant a decision Commission, as the case may be, shall have authority to within thirty calendar days from receiving an application for require modification of the sign to ensure that it meets the a sign. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) criteria stated in Section 17.12.060.(Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Review. . 17.12.080 Permit - Issuance by Building Division - Electronic readerboard signs and freeway oriented Installation information. signs shall require approval from the Planning Commissio::i Upon approval by the Director, Design Review prior to the Director issuing a sign permit. In regard to Committee or Planning Commission, as the case may be, the these signs only, the Planning Commission's decision is final applicant shall obtain a building permit. Additional unless appealed in accordance with Section 17.44.080. information related to the building code may be required by (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. the Building Official concerning the installation of the sign. 1624, (part), 1993) (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 2010 S -23 9 17.12.090 Cupertino - Signs 10 17.12.090 Appeals and Exceptions. application or with respect to any other information provided Applicants who wish to appeal a decision of the by the city. Director, the Design Review Committee or the Planning B. Failure of the applicant to meet or abide by any Commission, or those who wish to apply for an exception, condition imposed upon approval. shall do so under the provisions of Chapters 17.44 and 17.52 C. Failure of the applicant to utilize the approval of this title. (Ord. 2050, (part), 2009; Ord. 1987, (part), within one year of its issuance. 2006; Ord. 1624, (part), 1993) D. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993) 17.12.100 Inspection Requirements. A. A person erecting, altering or relocating a sign 17.12.140 Hearings— Notice. shall notify the Director upon completion of the work for Prior to revocation, the Director or the Planning which permits have been issued to ensure that the sign has Commission, as the case may be, shall hold hearings after been installed as specified. written notice is provided to the applicant. (Ord. 1624, B. The Building Inspector or Planner shall have the (part), 1993) authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A -1, Sign Application Approval Process Flow Chart, summarizes the application approval process. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval— Authority. A. The decision making body that originally approved the sign being considered for revocation shall have the authority to revoke it on the basis of one or more the following grounds: 1. Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved application or with respect to any other information provided by the city. 2. Failure of the applicant to meet or abide by any condition imposed upon approval. 3. Failure of the applicant to utilize the approval within one year of its issuance. 4. Abandonment of the sign for a period of thirty days. B. Written notification shall be provided to the applicant of a sign approval being considered for revocation prior to holding a public hearing. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.12.130 Grounds for Revocation. Any sign approval may be revoked on the basis of one or more the following grounds: A. Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved 2010 S -23 17.16.010 CHAPTER 17.16: EXEMPT SIGNS Section 17.16.010 Certain signs exempt from permit K. Logos, Symbols or Insignias. Logos, symbols or requirements. insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into 17.16.010 Certain Signs Exempt from Permit the structure are not internally illuminated, and do not Requirements. exceed nine square feet in area; The following signs do not require a permit from the L. Window Signs. Window signs subject to the City, providing they comply with the following regulations: limitations in Sections 17.24.090 and 17.32.100. One A. Directory Signs. Directories located within the "OPEN" sign not exceeding two square feet and of any interior of a project which are not oriented to a public street; material may be placed in a window without penalty towards B. Garage Sale Signs. Garage sale signs subject to window coverage limitations; the limitations in Section 17.32.020 and Chapter 5.16 of this M. Bus Shelter Signs. Signs installed in Santa Clara code; County Transit Agency bus shelters; C. Governmental Signs. Governmental signs for N. Civic Event Signs. Civic and /or City - sponsored control of traffic and other regulatory purposes, street signs, events signs on City property; danger signs, railroad crossing signs, and signs of public; O. State and /or Federal Mandated Signs. State service companies indicating danger and aids to service or and /or federal mandated signs, including state lottery and safety; certified smog station signs; D. Identification Signs. Identification signs for a P. Pedestrian Oriented Blade Signs. Blade signs that business or profession which are not illuminated, and which are not internally illuminated. Such signs shall be less than are less than two square feet in area, located on portions of 6.5 square feet in area and installed at a height between a building, shopping mall or office complex; eight feet and 12 feet above pedestrian walkways. (Ord. E. Information Signs. Informational or directional 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1720, signs which are located entirely on the property to which (part), 1996; Ord. 1624, (part), 1993) they pertain and are less than four square feet in area. Na more than 33% of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 17.32.020; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. 'Real estate for sale /for lease /for rent signs, subject to the limitations in Section 17.32.030; I. Non - residential Real Estate Signs Non - residential real estate for sale /for lease /for rent signs subject to the limitations in Section 17.32.030; J. Street Address Numbers. Address numbers in all districts, providing they are not meant as an advertising mechanism; 2010 S -23 11 17.20.010 CHAPTER 17.20: PROHIBITED SIGNS Section 17.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Designated. The following signs are not permitted in the city: A. Advertising Statuary; B. Animated Signs. Animated signs except for banners, flags, pennants and balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic readerboard signs as permitted in Section 17.24.090; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off -site Signs. Any off -site sign except as may be permitted in Chapter 17.32; E. Portable Signs. Portable signs except as may be permitted in Chapter 17.32; F. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs which because of color, wording, design, location or illumination resemble or conflict with any traffic- control device or with the safe and efficient flow of traffic; H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible from a public right -of -way, which has affixed to it a sigr . which is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices where such advertising displays are painted, on or permanently attached to a business or commercial vehicle' which is actively being used by the business unless the vehicle is in violation of the parking ordinance (Chapter 19.100 of the Cupertino Municipal Code). (Ord. 2050. (part), 2009; Ord. 1624, (part), 1993) 2010 S -23 13 17.24.010 CHAPTER 17.24: SIGN REGULATIONS Section 17.24.010 Intent and applicability of provisions. of face in the project shall be required to conform to the 17.24.020 Sign program. adopted program. 17.24.040 Signs in special planning districts. B. Application requirements. On any commercial, 17.24.050 Wall signs. office or industrial site, or building requiring a sign 17.24.060 Permanent window signs, Blade signs program, the owner shall submit to the Director a sign and Logos, symbols or insignias. program application containing the following: 17.24.070 Ground signs. 1. An accurate plot plan of the site showing the 17.24.080 Gasoline station signs. location of buildings, parking lots, driveways, and 17.24.090 Electronic readerboard signs. landscaped areas on the lot, at such scale as the Director changeable copy signs, exposed and may reasonably require; visible neon signs, decorative statuary 2. Computation of the proposed maximum total sign and beverage container recycling area, the proposed maximum area of individual signs, signs. allowed maximum total sign area, allowed maximum area of 17.24.100 Signs in or near residential districts. individual signs, the height of signs and the number of 17.24.110 Freeway orientation. freestanding signs; and 17.24.120 Landmark signs. 3. Specifications with regard to: 17.24.180 Design criteria. a. Sign type (individual channel letters, wood signs, 17.24.190 Illumination restrictions. etc.); 17.24.210 Obstructions prohibited. b. Lighting; 17.24.250 Construction and maintenance c. Location of each sign on the buildings; specifications. d. Materials; e. Sign proportions; 17.24.010 Intent and Applicability of Provisions. f. Any other pertinent information as required by The regulations in this chapter are intended to govern the Director. the number, size, location and design of signs within various C. Findings. The Director of Community land use districts of the city. (Ord. 2050, (part), 2009. Development may approve a Sign Program if the following Ord. 1624, (part), 1993) findings are made: 1. The Sign Program complies with the purpose of 17.24.020 Sign Program. this Chapter. A. Applicability. 2. Proposed signs are creative, and are in harmony 1. All developments in a commercial, office with the structures they identify, other signage on the site, industrial, institutional, or residential district, with four or and the surrounding development. more tenant spaces on the same parcel, shall adopt a 3. The Sign Program contains provisions to comprehensive sign program to encourage creativity and accommodate future revisions that may be required because ensure high quality in the design and display of multiple of changes in use or tenants. permanent signs. D. Minor modifications to the requirements of this 2. The adoption of a sign program shall be required Chapter may be permitted, provided that the proposed Sign at the time of the initial construction of a new project Program meets the following criteria in addition to Existing developments in the city which do not have a 17.24.020C: comprehensive sign program shall be required to adopt one 1. Special circumstances, unique to the site and when the first tenant in the project requests a change of face building locations, exist that require a modification from the as defined in this title. Thereafter, all subsequent changes standards in this Chapter. 2010 S -23 15 17.24.020 Cupertino - Signs 16 2. Demonstrates unique design and exhibits a high 17.24.100 Signs in and near Residential Districts. degree of imagination, inventiveness, spirit, and Table 17.24.100 sets forth the rules, regulations and thoughtfulness. processing applicable to Signs in and near Residential 3. Provides high quality graphic character through Districts. (Ord. 2050, (part), 2009) the imaginative use of color, graphics, proportion, quality materials, scale, and texture. (Ord. 2050, (part), 2009; 17.24.110 Freeway Orientation. Ord. 1624, (part), 1993) Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway Orientation of Signs. (Ord. 17.24.040 Signs in Special Planning Districts. 2050, (part), 2009) Any business regulated by the Monta Vista Design Guidelines, Heart of the City Specific Plan or any area [Text continues page 17] regulated by a specific plan shall be subject to the sign regulations contained within those plans. For all sign regulations not addressed in the Special Planning District plans, the requirements of this chapter will apply. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.24.050 Wall Signs. Table 17.24.050 sets forth the rules, regulations and processing applicable to wall signs. (Ord. 2050, (part), 2009) 17.24.060 Permanent Window Signs, Blade Signs and Logos, Symbols or Insignias. Table 17.24.060 sets forth the rules, regulations and processing applicable to Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. (Ord. 2050, (part), 2009) 17.24.070 Ground Signs. Table 17.24.070 sets forth the rules, regulations and processing applicable to Ground Signs. (Ord. 2050, (part), 2009) 17.24.080 Gasoline Station Signs. Table 17.24.080 sets forth the rules, regulations and processing applicable to Gasoline Station Signs. (Ord. 2050, (part), 2009) 17.24.090 Electronic Readerboard Signs, Changeable Copy Signs, Exposed and Visible Neon Signs, Decor 'ative Statuary and Beverage Container Recycling Signs. Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. (Ord. 2050, (part), 2009) 2010 S -23 N C C C/] Table 17.24.050 Wall Signs Use/ Number Size Location Review Review zoning Authority Criteria Allowed area and Max. length Area Commercial • One sign per business with exterior • 1 s.f. per linear ft 200 s.f. • No more than one wall sign per frontage CDD Meets and frontage of store frontage on Design industrial which sign is located. • Shall not project above the roof or top of Criteria • One additional for: parapet, unless it is an integral part of the face in Section • 70% of store of an architectural projection. 17.24.180 - Businesses with no ground sign frontage maximum and adjacent to more than one street • No projecting wall sign shall extend into a or shopping center driveway. public right -of -way more than 12 inches. Any projecting sign shall have a vertical clearance - Sign directed to interior of project of at least fifteen feet above a private or public an not visible from any public right- vehicular roadway, alley, driveway or parking s of -way. area, and at least eight feet above a sidewalk, pedestrian mall or landscaped area. c - Single tenant building pad with more than 5,000 s.f. Office and • One sign per business with exterior • 1 s.f. per linear ft. 40 s.f. Same as above CDD Same as Institutional frontage of business frontage above on which sign is • One additional for: located. - Businesses with no ground sign and adjacent to more than one street or • 70% of business major shopping center driveway. frontage maximum - Sign directed to interior of project and not visible from any project and • Length = total not visible from any public right -of- combined length of way. each row of copy CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet Cn N o y o cr elr N J N A O O Table 17.24.060: Permanent Window Signs, Blade Signs and Logos, Symbols or Insignias Type Use/ Number Max. Area Location Review Authority Review Criteria Zoning A. Permanent All One or more • Considered part of wall sign Perimeter neon window CDD Meets design criteria Window area signage not allowed in Sec. 17.24.180 Signs • 25 % of window surface of ' each storefront bay. • Neon window sign = 4 s.f. • One "open" sign less than c vs es two s.f. exempt B. Blade All except One on each 6.5 s.f. Between 8 ft. and 12 ft. • Illuminated - CDD Shall be pedestrian o Signs residential frontage up to a above pedestrian walkways. oriented only and a� districts maximum of • Non illuminated - shall meet design = two Exempt review criteria in Sec. co 17.24.180 and restrictions in Sec. 17.24.100 C. Logos, All except Same as Sec. 9 s.f. Same as Sec. 17.24.050 • Illuminated - CDD Shall meet Design symbols or residential 17.24.050 Review Criteria in insignia districts • Non illuminated - Sec. 17.24.180 and exempt restrictions in Sec. 17.24.100 CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet 00 N O C/4 N Table 17.24.070: Ground Signs Use/ Number Size Location Review Review Criteria Zoning Authority Allowed Area and Maximum Height Length All Non- • One sign if • One s.f. per four • Eight ft. • Corner property: Sign has to be located on CDD • Shopping Center residential minimum 100 linear ft. of street street frontage with the site's address. or multi - tenant areas ft. street frontage. commercial frontage • Every ground sign shall be located wholly on development with a • Maximum area = 100 the property for the use which the sign is center name shall • Two signs if s.f. advertising is located on. emphasize that 500 ft. street • Street address name frontage • V- shaped and signs numbers or range • No portion of any ground sign shall be ci? with more than two of numbers for located closer than one foot from the public • Shall meet design ° A faces: area of all faces businesses shall be rig ht -of -way. criteria in Section 7d of sign = total sign clearly identified 17.24.180 crA area. in numbers not • No portion of any sign over three feet in a� less than 5 inches height shall be located within a corner triangle • Double faced signs: in height or sidewalk site triangle. (See Appendix A-4, y area of larger face of A -5 and A -6). sign = total sign area • Signs on interior lots <200 ft. of frontage • Maximum number of shall be located within the center 50% of the lot tenants on sign = six frontage. Interior lots > 200 ft. of frontage shall locate ground signs no closer than 50 ft form a side property line (See Appendix A -7). • No ground sign shall be located closer than one hundred feet from any other ground sign on the same property. 1-J CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet eD J o o c A N �+ W 00 Table 17.24.080: Gasoline Station Signs Type of Sign Number Size, Maximum Area and Location Review Review Criteria Allowable Area Authority A. Wall Sign Same as Sec. Same as Sec. 17.24.050 Same as Sec. 17.24.050 CDD • Meets Design Criteria in Sec. 17.24.180 17.24.050 B. Ground 1 ground sign Same as Sec. 17.24.070 Same as Sec. 17.24.070 CDD • Meets Design Criteria in Sec. 17.24.180 Sign regardless of frontage C. Fuel Price Fuel price sign to Computes toward allowable See above CDD • Is incorporated into the design of the Ground Sign be incorporated ground sign area ground sign into the design of the ground sign • Letter size of price display on fuel price sign shall not exceed minimum E specifications contained in Sec. 13532 of the California Business and Professions Code 00 • Meets Design Criteria in Sec. 17.24.180 CA D. Fuel Price If service station Number of product prices Attached to the wall of CDD • Same as above. Wall Sign is not identified on on fuel price sign not to the building facing the ground sign, in exceed eight per face. public street addition to any wall sign allowed to the service station per Sec. 17.24.050, a second fuel price sign is allowed CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee N N O W Table 17.24.090 Electronic Readerboard Signs, Changeable Copy Signs, Exposed or visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs Type Use! Number Size and Height Location Review Authority Review Criteria Zoning A. Electronic Commercial One sign for Same as Sec. • No closer than 500 PC • Background of electronic readerboard will Readerboard centers with 20 17.24.070 ft from any residential be the same color as the primary background. Signs tenants or more district on the same If not practical, then a color that is and 50,000 s.f. street as the sign complementary to the back ground color shall of gross floor be used area • Same as Sec. 17.24.070 B. Changeable Commercial N/A Included in total N/A CDD • Deemed necessary to the type of Copy Signs allowable wall merchandising of that business. Shall consist sign area of permanent sign and symbols or letters made in high quality and durable materials C. Exposed or All N/A N/A N/A DRC Shall meet Illumination Restrictions in visible neon Section 17.24.190 F. signs D. Decorative All except N/A N/A N/A • If decorative • In conjunction with the overall Statuary residential statuary - DRC architectural design of the building, the districts landscaping scheme and the sign program for • If DRC the business. Determines it is Fine Art, it may refer to another commission • If not publicly visible, then exempt H m CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet t° 8 o ►� rr N - W Table 17.24.090 Electronic Readerboard Signs, Changeable Copy Signs, Exposed or visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs • Type Use / Number Size and Height Location Review Authority Review Criteria Zoning E. Beverage Where • Wall signs as 10 s.f. maximum N/A N/A • Dealer subject to provisions of Container allowed allowed by Sec. California Beverage Container .d Recycling 17.24.050 Recycling and Litter Reduction Act of 1986. • Ground signs as allowed by • Sign should contain information Sec 17.24.070 concerning a certified recycling center as described in Sections 14570 and • One building 14571 of Public Resources Code. mounted sign • Certified Redemption Center sign - subject to limitations and review procedure of zoning district where it is located. CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet N N N W O N Table 17.24.100 Signs in and near Residential Districts Type Use/ Number Size Location Review Review Criteria Zoning Authority Area Height A. Signs near All except • Wall sign- same as • Wall sign - • Wall Sign - same • No internally illuminated CDD • Shall meet residential residential Sec. 17.24.050 same as Sec. as Sec. 17.24.050 sign permitted within 100 ft design criteria districts 17.24.050 from any residential districts specified in • Ground sign - • Ground Sign - except if the sign face is Sec. 17.24.180 same as Sec. • Ground Sign - Same as Section mounted so it is not visible 17.24.070 same as Sec. 17.24.070 to any residence within 100 17.24.070 ft of the sign B. Name plates, Residential One or more 2 s.f. or less N/A N/A CDD a ro streets or unit z numbers 0 Cs C. Development Residential • One sign for 32 s.f. 5 ft • If one sign allowed, at CDD • Shall contain y Identification interior lot major entry only name and signs address of • Two signs for • If two allowed, one on development. corner development each street front • Shall meet design criteria specified in Sec. 17.24.180 CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. - square feet; ft - feet .r Cr .r e� N � W . N i-+ Table 17.24.110: Freeway Orientation Type Areas Number Sign Size Location Approval Authority Review Criteria A. Wall Signs Commercial, • 1 per business /tenant See Sec. Building • Oriented to regular • Applies to all signs within 660 ft. Industrial and in a building occupied 17.24.050 mounted street system adjoining of "landscaped freeway" measured Office by two or more tenants the property rather than from edge of right -of -way exclusively visible • Maximum two from the freeway - • Signs not exempted or excluded by CDD Sec. 5272 of the State of Cal. Business and Professions Code shall ' • Freeway Orientation be regulated by the "Advertisers" o - PC chapter of that code. B. On -site Commercial, Subject to Sec. Subject to Sec. Building Limited time period Subject to Sec. 17.32.030 temporary signs Industrial and 17.32.030 17.32.030 mounted subject to Sec. Office 17.32.030 - CDD C. Freestanding Commercial, Not allowed signs Industrial and Office CDD - Community Development Director; PC - Planning Commission; N 25 Sign Regulations 17.24.120 17.24.120 Landmark Signs. not exceed approximately two hundred fifty foot - lamberts. Existing ground signs that have been designated by the All other districts shall not exceed approximately one City as Landmark Signs (see Appendix A -8: Landmark hundred foot - lamberts. The foot - lambert readings shall be Signs) are exempt from the Nonconforming Sign regulations used as a guide by staff to evaluate signs which are deemed in Section 17.52.020. to be a problem to passing motorists or residents in the A. Such signs may be structurally reinforced or surrounding neighborhood. rebuilt, after damage or destruction, to its original design B. The color and thickness of the sign panels as well and specifications. as the brightness of the bulbs used to illuminate the sign shall B. Minor modifications to such signs may be be designed in such a manner as to avoid excessive allowed such that they do not distract from or alter the illumination and glare. unique architectural style of the sign, with a Director's C. Illuminated signs which are not a necessary part Minor Modification. (Ord. 2050, (part), 2009) of the security lighting system for a business shall be turned off at 11:00 p.m. or within two hours after the business is 17.24.180 Design Criteria. closed, whichever is the later time. Although the aesthetic appearance of signs is D. All exterior lighting shall be placed in a manner subjective, the City recognizes that certain basic design so that the light source will not be seen from off the site. guidelines are needed in order to maintain the City's high (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. quality appearance. The following criteria shall be 1624, (part), 1993) incorporated into the design of signs. A. Ground signs shall be either housed in a frame of 17.24.210 Obstructions Prohibited. set onto a base, presenting a solid, attractive, well No sign or other advertising structure shall be erected, proportioned and balanced appearance. The size and shape relocated or maintained so as to prevent free ingress to or of the frame or base shall be proportionate to the size anc. egress from any door, window, fire escape, driveway, weight of the sign. Low signs are generally more sidewalk or bike path. (Ord. 2050, (part), 2009; Ord. appropriate on a base, whereas taller signs are generally 1624, (part), 1993) more appropriate in a frame. (See Appendix A -3, Examples of Well Proportioned Signs, Examples of Signs Not Well 17.24.250 Construction and Maintenance Proportioned, on file in the City Clerk and the Planning Specifications. Department, for examples.) A. All signs shall conform to the building and wind B. Ground signs shall be located within a landscaped load requirements of the Uniform Building Code and area proportionate to the size of the sign. Appropriate Uniform Electrical Code as adopted in Title 16 of the landscaping should be placed at the base of the sign. Cupertino Municipal Code. C. All signs shall be architecturally compatible and B. All signs with internal illumination shall be in harmony with the building with which it is principally constructed of noncombustible materials, be approved by associated, by incorporating its colors, materials, shape and Underwriters Laboratory (UL), U.S. Bureau of Standards, design. The sign shall also be compatible with the aesthetic or other similar institution of recognized standing, and be character of the surrounding developments and maintained in satisfactory condition or be immediately neighborhood. repaired or replaced. D. Background panels for multi -tenant ground sign3 C. All electrical, gas or other utility service and should be harmonious in muted colors. other pertinent fixtures shall be placed underground. E. Sign copy shall be simple and concise, without D. Guy wires or cable supports used to brace the sign excessive description of services or products. shall not be visible to the observer. F. Internally illuminated signs shall not have .a E. No sign shall be suspended by chains or other directly visible light source. devices that will allow the sign to swing due to wind causing G. The sign's color and illumination shall nct wear on supporting members. produce distraction to motorists or nearby residents. (Ord. F. All signs shall be maintained in safe, unbroken, 2050, (part), 2009; Ord. 1624, (part), 1993) and structurally sound manner, including the replacement or repair of any defective parts, painting, cleaning and any 17.24.190 Illumination Restrictions. other work necessary to maintain the sign and any landscape A. The intensity of illumination for signs locate3 planter associated with the sign. (Ord. 2050, (part), 2009; within the commercial, office and industrial districts sha:'1l Ord. 1624, (part), 1993) 2010 S -23 17.32.010 CHAPTER 17.32: TEMPORARY SIGNS -- REGULATIONS Section 17.32.010 Temporary signs - Location. 17.32.020 Flags, garage sales, temporary political signs and subdivision signs. 17.32.030 Real estate signs and project announcement signs. 17.32.090 Special event banners, promotional devices and portable signs and displays. 17.32.100 Window signs. 17.32.010 Temporary Signs- Location. A. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upor.. any: 1. Public property, sidewalk, crosswalk, curb, curbstone, fence, wall, 2. Public playground equipment and /or facilities, 3. Street lamp post, hydrant, tree, shrub, tree stake or guard. 3. Railroad bridge or crossing, 4. Pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upor . a lighting system, 5. Public bridge, 6. Drinking fountain, 7. Street sign, traffic sign, 8. Traffic control pole or cabinet, 9. Utility transformer vaults, or 10. Any other building, structure or device permanently affixed on public property. B. No temporary sign shall be placed, posted or otherwise affixed in the public right -of -way, except as provided in this section. The public right -of -way generally includes the median, street, gutter, curb, sidewalk and . landscaped strip on public property. Temporary signs may only be located in the public right -of -way of a residential or institutional district, as defined in this Title. C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right -of -way shall meet the following: [See table next page] 2010 S -23 27 17.32.010 Cupertino - Signs 28 Use/ Size Time Period Location Review Criteria Zoning Maximum Maximum Area Height • Shall not be located on the street or • Two sides on street medians. maximum • Shall not be located on private property without oral or written • Shall not be consent of the owner or person illuminated. entitled to possession of said property • Shall not restrict in any way the safe • Shall maintain 36 inches of clear vision of any Except and continuous width along a vehicular or political sidewalk or pathway plus any other pedestrian traffic or All 4 s.f. per 3 ft. signs, all area needed for handicapped obstruct any side signs must be accessibility. directional or safety removed at signs permitted by sunset • All parts of the sign shall be set the city. back minimum 18 inches from the face of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. D. Persons who place temporary signs in public 17.32.020 Flags, Garage Sales, Temporary rights -of -way are encouraged to notify and seek concurrence Political Signs and Subdivision Signs. of adjacent property owner(s) and resident(s) before placing Table 17.32.020 sets forth the rules, regulations and temporary signs. processing applicable to Flags, Garage Sales, Temporary E. The provisions of Section 17.32.010B, C and D Political Signs and Subdivision Signs. (Ord. 09 -2050, (part), shall not be applicable to the following: 2009) 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 17.32.030 Real Estate Signs and Project 2. The maintenance of signs affixed to Santa Clara Announcement Signs. County Transit District bus shelters; Table 17.32.030 sets forth the rules, regulations and 3. The maintenance of banners affixed to the top of processing applicable to Residential and Non - residential the city -owned stanchions located at a site over Stevens Real Estate Signs and Project Announcement Signs. (Ord. Creek Boulevard between Wolfe Road and Portal Avenue; 09 -2050, (part), 2009) 4. The maintenance of banners affixed to the top of the city -owned light poles located over Stevens Creek and [See table next page] De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. (Ord. 09 -2050, (part), 2009; Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) 2010 S -23 N N V O D O w Table 17.32.020 Flags, Garage Sales, Temporary Political signs and Subdivision Signs Type Use /Zoning Number Size Time period Information Review Criteria Contained Maximum Maximum Area Height A. Flags Commercial Number N/A No more • Two weeks for N/A • In conjunction with a grand opening subject to than 20 ft. each special event or special promotional activity. approval above by CDD ground • Shall be removed • Meets requirements with regard to within 5 days after special event banners, promotional special event devices, portable signs and displays Residential Two flag 4 s.f. No Same as One year N/A N/A y poles for more than above eo each model 2 sides b 0 home of a `' new ‘e developme nt y B. Garage Residential One on -site 8 s.f. 6 ft Length of sale N/A • Must be a bonafide garage sale V eo Sales three off- activity as defined in Chapter 5.16 of crA site the Municipal Code a 0 • Off -site signage subject to Section y 17.32.010 C. Temporary All No limit 4 s.f. No N/A • Until 5 days after N/A • No permit required. Political Signs more than election. 2 sides • Subject to requirements of Section • If not removed 17.32.010 within time limit, city may remove • If the Director of Public Works finds signs subject to that a sign otherwise permitted, is an Chapter 17.52. imm_ ia' : peril or men' x' t-.) pedestrian or vehicle traffic, he or she Ito may cause it to be removed summarily cr pursuant to Section 17.52.040C `,r v w N O N 0 o y o c A N •+ w ....1 W N O N O Table 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs (Cont'd) Type Use /Zoning Number Size Time Period Information Review Criteria Contained Maximum Maximum Area Height D. Subdivision Non - Three 32 s.f. per 6 ft. • One year or Direct • Shall meet requirements of Section Signs residential face until all units are customers 17.32.010 and permit issued by CDD. n sold, whichever is along the most c b sooner direct route • Application shall include a list of all other through the such signs including sign area and street c • Extensions my city location. be granted. c? • Subdivisions not in Cupertino shall not be 1 permitted such signs. • Two sign faces maximum. • "V" shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = feet w 0 W O cn w Table 17.32.030 Residential Real Estate, Non - residential Real Estate and Project Announcement Signs Type Number Size Time Period Information Review Criteria Contained Maximum Maximum Area Height A. Residential • One freestanding sign 4 s.f. 6 ft. Length of sale N/A • Subject to requirements of Section Real Estate per street frontage. Two 17.32.010 signs maximum. • One building mounted 4 s.f. N/A See above N/A N/A banner - in lieu of one freestanding sign. , y • One offsite for 4 s.f. N/A Remove at sunset N/A • Subject to requirements of Section sale /rent sign 17.32.010 and on -site signage o rD • Six offsite open house N/A N/A Remove at sunset N/A • Subject to requirements of Section t. 17.32.010 rn signs B. Non- • One freestanding sign 32 s.f. per 6 ft. Length of sale or Name of real estate • No more than two faces. "V" signs w' residential real per street frontage face. time to agent or owner, prohibited. May not reasonably obstruct et,d estate lease /rent. address, phone visibility of any permanent ground sign. r2 number and other iv May be installed pertinent up to 30 days information y prior to any tenant vacancy • One building mounted 32 s.f. per Same as Same as Same as • Allowed only if no freestanding sign banner per elevation face freestanding freestanding sign freestanding sign placed along that street frontage. facing an adjacent public sign Location shall meet requirements of street. Section 17.24.050. • One offsite sign per 32 s.f. per Same as Same as Same as • On private property with approval and street frontage face. freestanding freestanding sign freestanding sign consent of property owner on whose sign property sign is to be located. Shall meet y • Maximum of two signs requirements of Section 17.32.010 or per off -site parcel. er v w N O W co o � W J N W Table 17.32.030 Residential Real Estate, Non - residential Real Estate and Project Announcement Signs (Cont'd) Type Number Size Time Period Information Contained Review Criteria Maximum Maximum Area Height C. Project • Two freestanding Combined 6 ft. • One year or Names of project and • New projects under construction, Announcement signs or banners area: 64 s.f. until all units are owner, address, including subdivisions of 5 or more Sign maximum sold, whichever telephone number units. is sooner contact information, leasing /sale • Permit issued by CDD. • Extensions information, dates of may be granted anticipated completion and a list of contractors involved. CDD = Community Development Director; S.f. = square feet; ft. = feet 33 Temporary Signs - Regulations 17.32.090 17.32.090 Special Event Banners, Promotional 5. Tethered balloons used for promotional purposes Devices, and Portable Signs and may not exceed twenty -five feet above the building where Displays. the special event or grand opening is occurring. A. General Authorization. Special event banners, 6. Unless otherwise determined by the Director, the promotional devices, and portable signs and displays are display of the device shall be subject to the tenant schedule permitted in all commercial, industrial, office and for shopping centers as provided in Subsection 17.32.090E. institutional zoning districts subject to the issuance of a 7. Subject to the approval of the Director and the permit by the Director which conforms to the provisions of Public Works Department, a promotional device may be this section. located within the public right of way based upon the degree B. Public objectives. of impact the device will have on traffic circulation as well 1. Enhance pedestrian experience, activity and as upon the environment of the surrounding uses. convenience. 8. Subject to the approval of the Director and the 2. Maintain the economic stability of the City by Public Works Department, traffic /parking directional signs enhancing vitality of business. may be used in conjunction with a promotional device during 3. Provide attractive, effective and visible the period of the special event or grand opening. The identification reflecting the individual character of the number and placement of traffic /parking directional signs business. may be restricted by the Director or the Public Works C. Special event banners. The Director may issue Department in order to insure adequate sight distances and a permit for a Special Event Banner for each business within traffic safety clearance are maintained as required in Section the above - described zoning districts under the following 17.32.010. provisions: E. Tenant schedule: Shopping centers with approved 1. The banner shall only be displayed for a electronic readerboard signs shall only be allowed building maximum of 120 days within a 360 -day period. mounted banners. Freestanding temporary or special event 2. The banner shall be building mounted and have signs for individual tenants are not allowed. Special event only one face not exceeding one hundred square feet in area. signs for center -wide special events are allowed in 3. The banner shall be placed on a building in accordance with the following schedule: accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and Number of Tenants Number of Signs roofline levels. Permitted 4. Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule 20 to 27 Tenants 2 center displays for shopping centers as provided in Subsection 17.32.090E. D. Promotional devices. In addition to special event 28 tenants or more 4 center displays banners described in division C. above, the Director may issue a permit for a promotional device for each business F. Portable signs and displays. In addition to special within the above - described zoning districts under the event banners and promotional devices described in divisions following provisions: C. and D. above, the Director may issue a permit for a 1. For advertising a special event for an existing portable sign or display for each business location within the business, promotional devices may be displayed for a above described zoning districts under the following maximum three -day period, four times within a calendar provisions: year. 1. Portable signs and displays may not be located in 2. For conducting a grand opening of a new areas, either on public or private property, which are used business, promotional devices (other than search lights, hot by the public for vehicular or pedestrian traffic or in other air balloons or other extremely large devices as determined areas, which in the opinion of the Director, are a threat to by the Director) may be displayed during the first year of a the public health, safety or welfare. new business's operations for the sole purpose of 2. Portable signs and displays shall not be announcing the grand opening of that business. permanently attached to the ground or a structure on the 3. The device shall not displace parking or be premises it is intended to occupy and shall only be displayed located in a landscaped front set back area. during business hours. 4. The device shall be compatible with adjoining 3. Design review criteria. Portable signs and uses, particularly residential uses. displays shall be appropriately designed, installed and 2010 S -23 17.32.090 Cupertino - Signs 34 maintained with special emphasis on the creative design, from the Director. One such sign may be up to six feet tall character and quality of color and material (vibrant and and twenty four square feet in area if the sign face is not weather resistant). They shall be complementary to the oriented to a public right -of -way. building architecture and the operation of the business area H. Permit procedures. The issuance, modification, and shall enhance the overall appearance and texture of the revocation, and appeal of any permit under this section are pedestrian shopping experience. governed by Chapter 17.12 of this title. Notwithstanding the 4. Specific standards. above, any appeal of any permit under this section shall be made to the Design Review Committee. I. Removal of signs. All banners, devices, signs Maximum Size 8 s. f. and displays issued under this section must be removed not Minimum height 3 ft. later than five days after the conclusion of the special event or grand opening to which they pertain. Maximum height 4 ft. J. The city, pursuant to Chapter 17.52 of this code, may cause the banners, devices, signs and displays Maximum width 2 ft. remaining after expiration or revocation of the Min. setback from street 2 ft. above - described five day period to be removed. (Ord. 2050, curb (part), 2009; Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Display hours Business hours only Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) Min. pedestrian walkway 5 ft. 17.32.100 Window Signs. A. Window signs shall be permitted in all Distance from: commercial zones. Bus stop zones and/ 15 ft. B. The total area of any window obscured by any or bus stop furniture combination of permanent and temporary window signs shall not exceed twenty -five percent of the window surface of Disable parking 4 ft. each storefront bay. zone C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty Must not be: 1. Set in ground days, and shall not be subject to review. 2. Window signs intended to remain on display for 2. Attached to trees, lamp more than thirty days shall be considered permanent window posts, utility poles, street signs as regulated by Section 17.24.090. (Ord. 2050, or traffic signs, benches, (part), 2009; Ord. 1987, (part), 2006; Ord. 1926, § 1 (part), hydrants or mailboxes. 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) 3. Illuminated. 4. Located in any required landscape setback area. 5. Modification of specific standards. The Director may modify the specific standards described in division 4. above upon making a finding that special circumstances unique to the site require the application of a modified standard. G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building, up to a maximum of three signs with a permit 2010 S -23 17.44.010 CHAPTER 17.44: SIGN EXCEPTIONS* Section 17.44.010 Authority. the left and right, directly opposite the subject property and 17.44.020 Application and fee. located across a street, way, highway or alley. Mailed 17.44.030 Design Review Committee review notice shall include owners of property whose only required. contiguity to the subject site is a single point. Said notice 17.44.040 Findings for an exception. shall be mailed by first class mail at least ten days prior to 17.44.050 Action by Design Review the Design Review Committee meeting in which the Committee. application will be considered. The notice shall state the 17.44.060 Conditions for revocation of date, time and place of the hearing. A description of the exception- Notice required. sign exception shall be included in the notice. If the 17.44.070 Exception deemed null and void Director of Community Development believes the project when - Notification required. may . have negative effects beyond the range of the mailed 17.44.080 Appeals. notice, particularly negative effects on nearby residential 17.44.090 Reports to Planning Commission. areas, the Director, in his /her discretion may expand noticing beyond the stated requirements. * Prior ordinance history: Ords. 1624 and 1655. C. Compliance with the notice provisions set forth in this section shall constitute a good -faith effort to provide 17.44.010 Authority. notice, and failure to provide notice, and the failure of any The Design Review Committee may grant a sign person to receive notice, shall not prevent the City from exception in accordance with the provisions of this chapter. proceeding to consider or to take action with respect to an (Ord. 2050, (part), 2009; Ord. 1844, § 1 (part), 2000; Ord. application under this chapter. (Ord. 2050, (part), 2009; 1789, § 1 (part), 1998) Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.020 Application and Fee. 17.44.040 Findings for an Exception. An application shall be made in writing on a form The Design Review Committee may grant an exception prescribed by the Director. The application shall be based upon all the following findings: accompanied by a nonrefundable fee, a letter explaining the A. That the literal enforcement of the provisions of justification for the exception, and appropriate exhibits as this title will result in restrictions inconsistent with the spirit deemed necessary by the Community Development and intent of this title; Director. (Ord. 2050, (part), 2009; Ord. 1789, § 1 (part), B. That the granting of the exception will not result 1998) in a condition which is materially detrimental to the public health, safety, or welfare; and 17.44.030 Design Review Committee Review C. That the exception to be granted is one that will Required. require the least modification of the prescribed regulations A. An exception shall be scheduled for review by the and the minimum variance that will accomplish the purpose. Design Review Committee, not later than thirty days after (Ord. 2050, (part), 2009; Ord. 1844, § 1 (part), 2000; Ord. filing of application, unless the application is deemed 1789, § 1 (part), 1998) incomplete. B. Mailed written notice of the hearing on the sign 17.44.050 Action by Design Review Committee. exception shall be given by the Director of Community The decision made by the Design Review Committee Development to all owners of record of real property (as is final unless appealed in accordance with Section shown in the last assessment roll) which abut the subject 17.44.080. (Ord. 2050, (part), 2009; Ord. 1844, § 1 property, as well as property and its abutting properties to (part), 2000; Ord. 1789, § 1 (part), 1998) 2010 S -23 35 17.44.060 Cupertino - Signs 36 17.44.060 Conditions for Revocation of Exception - Notice Required. In any case where the conditions or limitations to an exception granted have not been complied with, the Planning Commission may revoke the exception after notice and hearing in the same manner as defined in Section 17.44.030. (Ord. 2050, (part), 2009; Ord. 1789, § 1 (part), 1998) 17.44.070 Exception Deemed Null and Void When - Notification Required. In any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty days, the exception will automatically become null and void upon written notice from the Director to the property owner and /or tenant. (Ord. 2050, (part), 2009; Ord. 1789, § 1 (part), 1998) 17.44.080 Appeals. Any person aggrieved by a decision of the Design Review Committee may appeal such a decision in writing to the Planning Commission in accordance with the procedures set forth in Chapter 19.136, except that the Planning decision shall be final. (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.090 Reports to Planning Commission. The Director, or designated representative, shall make written reports on all exceptions granted, denied, or revoked under this chapter. The reports shall be delivered to the Planning Commission within five calendar days from the date of the decision. (Ord. 2050, (part), 2009; Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 2010 S -23 17.52.010 CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT Section 17.52.010 Interpretation and enforcement of B. Any nonconforming sign which was legally provisions. erected in accordance with the provisions of the ordinance 17.52.020 Nonconforming signs. in effect at the time of erection, or which has a valid permit 17.52.030 Abandoned or discontinued signs. from the City, shall be permitted to remain until such time 17.52.040 Illegal signs- Notice required- as Summary removal authorized when. 1. There is a change in the use of the property that 17.52.045 Authority to remove illegal signs in the sign is located on; or public right -of -way 2. There are alterations or enlargements to the site 17.52.050 Storage of removed signs. or building on the property in excess of twenty -five percent 17.52.060 Owner responsible for removal, or more of the existing site or building. The amount of alteration or relocation costs. alterations shall be cumulative over time. 17.52.070 Illegal signs- Deemed public 3. At such time as any of the events mentioned in nuisance -Court action authorized. subsections A and B occur, the sign must be brought into 17.52.080 Violation deemed infraction - Penalty. conformance with this title. Any business with a 17.52.090 Appeals from decisions of the nonconforming sign, other than a Landmark Sign as Director. identified in Section 17.24.120, shall not be entitled to an additional sign unless the nonconforming sign is made to 17.52.010 Interpretation and Enforcement of comply with the provisions of this title. (Ord. 2050, (part), Provisions. 2009; Ord. 1624, (part), 1993) The Director or his /her designee is empowered to interpret and enforce the provisions and requirements of this 17.52.030 Abandoned or Discontinued Signs. title and to remove or cause to be removed any sign or other Any sign which pertains to a business or occupation advertising structure which has been constructed, erected, which is no longer using the particular sign or property, or altered, relocated or maintained in violation of this title. which relates to a time which no longer applies, is Such powers include but are not restricted to provisions and prohibited and shall be removed. The structure and copy procedures set forth in the following sections of this chapter. shall be blanked out or removed within thirty days after the Decisions by the Director or his /her designee in relation to associated business, occupation or event has vacated the this title may be appealed to the Planning Commission as set premises. An abandoned sign is prohibited and the removal forth in Section 17.52.090. (Ord. 2050, (part), 2009; Ord. shall be the responsibility of the owner of the sign or the 1624, (part), 1993) owner of the premises. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.52.020 Nonconforming Signs. A. Any nonconforming sign, except Landmark Signs 17.52.040 Illegal Signs- Notice Required - Summary identified in Section 17.24.120, unless made to conform to Removal Authorized When. the provisions of this title, may not be structurally altered, A. If the Director or his /her designee finds that any expanded, moved, modified in any way, or be reestablished sign or other advertising structure has been constructed, after erected, altered, relocated or maintained in violation of any 1. Discontinuance for 180 days or more; or of the provisions of this title or any other pertinent ordinance 2. Damage or destruction by intentional acts of the of the City, the Director or his /her designee shall inform the owner and /or tenant of the property of more than fifty owner and the tenant of the property on which the sign or percent of the sign. structure is located, in writing, that the sign or structure 2010 S -23 37 17.52.040 Cupertino - Signs 38 must be removed within ten days of receipt of the notice, or 17.52.060 Owner Responsible for Removal, an application must be made to the Director for sign Alteration or Relocation Costs. approval. Failure to take the required action shall result in Any cost incurred by the City in the removal, alteration a criminal or civil sanction as provided by state law or any or relocation of any sign pursuant to the provisions of this legal sanction or remedy set forth in this Code. title or any other pertinent ordinance of the City, shall be B. If the Director or his /her designee fords that any paid by the owner or person having beneficial enjoyment of temporary sign or advertising device is in violation of this the property upon which such sign is located. (Ord. 2050, title or any other pertinent ordinance of the City, the (part), 2009; Ord. 1624, (part), 1993) Director or his /her designee shall notify the owner of, or tenant using, the sign, in person or writing, that the sign 17.52.070 Illegal Signs - Deemed Public Nuisance- shall be immediately removed. Court Action Authorized. C. If the Director or his /her designee fords that any In the event any person should erect, alter, relocate or sign or other advertising structure, whether conforming with maintain a sign in violation of the provisions of this title, the the ordinance or not, is an immediate peril or menace to the sign shall be considered a public nuisance and the City public, or to any person, the Director or his /her designee Attorney is authorized to bring and prosecute an action in a shall cause it to be summarily removed. Upon removal, the court of competent jurisdiction to enjoin such person from Director or his /her designee shall give written notice to the continuing such violation. The procedures for nuisance owner. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) 17.52.045 Authority to remove illegal signs in 17.52.080 Violation Deemed Infraction- Penalty. public right -of -way. Any person, firm or corporation violating any A. Any illegal signs in the public right -of -way may provisions of this title shall be deemed guilty of an be removed immediately by the City. infraction, and upon conviction thereof, shall be punished in B. No notice shall be required prior to removal of the same manner as other infractions provided under Chapter illegal signs, including, without limitation, temporary signs, 1.12 of this Municipal Code. (Ord. 2050, (part), 2009; in the public right -of -way. Ord. 1624, (part), 1993) C. Any sign removed by the City, except any sign of de minimus value, shall be held in storage and the owner or 17.52.090 Appeals from Decisions of the Director. other person in control of such sign, if known, shall be The applicant, aggrieved by a decision of the Director given written notice and twenty days to reclaim such sign. or his /her designee to order the removal of a sign, may D. Any illegal sign in the public right -of -way of de appeal such order or decision to the Planning Commission in minimus value shall be deemed to be abandoned and may be accordance with the procedures set forth in Chapter 19.136, destroyed by the city after removal. No opportunity to except that the Planning Commission decision shall be fmal. reclaim such sign shall be given by the City. (Ord. 2050, (part), 2009; Ord. 1624, (part), 1993) E. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value. (Ord. 2050, (part), 2009) 17.52.050 Storage of Removed Signs. Any sign removed by the Director or his /her designee, other than those referred to in Section 17.52.045, shall be stored in the City corporation yard and may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured. If signs are not claimed within 20 days after removal by the City, the City shall dispose of the signs. (Ord. 2050, (part), 2009; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 2010 S -23 APPENDIX A -1: SIGN APPLICATION APPROVAL PROCESS FLOW CHART Applicant verifies with Exempt Planning Staff whether Prohibited proposed sign is permitted, ig exempt or prohibited. j ` r �` Applicant may Permitted ` revise drawings l r Applicant may apply w for an exception. C Submit sign program to . Community Development for permits. r Submit required exhibits, tees and application form., V ig Staff will review application Staff will schedule hear- 1 for compliance with Sign Mg within 30 days. Ordinance within 30 d Sys. J Approved r V (Design Review Commit- tee will review request in " Community Development ■ t Approved conformance with excep- ` will issue permits. _____../ tion process and either approve, approve with conditions, or deny. Denied V V � If denied, applicant [May install signs, may appeal to Plan - ning Commission. J Appeal V I Must submit written Approved request to appeal decision to the Planning Department within 14 calendar days. Approved Denied Y I Must submit written P 1 request to appeal decision Appeal If denied, applicant to the City Clerk within may appeal to City 14 calendar days. ____/ ` Council. 2010 S -23 39 APPENDIX A -2: EXAMPLES OF HOW TO MEASURE SIGN AREA q>„07 Individually lettered sign Sign with background or borders _ 36 inches 4 C Sign separated by 36 inches or more 2010 S -23 41 APPENDIX A -3: EXAMPLES OF WELL PROPORTIONED SIGNS EXAMPLES OF SIGNS NOT WELL PROPORTIONED - =e, 0 E:=D ____ Y ` --) � , f �1 ..�..__._�.... S �� i Examples of Well Proportioned Signs 4 Examples of Signs not Well Proportioned 2010 S -23 43 APPENDIX A -4: CUPERTINO STANDARD DETAIL 7 -2 CORNER TRIANGLE - CONTROLLED INTERSECTIONS CORNER SIGHT FORMULA DISTANCE SD = Design speed X1.467 X 7.5 DESIGN 85th Sight Distance I I I Seconds Criteria PERCENTILE Factor SPEED SD 85th percentile speed 0 25 275 30 330 cc 35 385 °C 40 440 Z 4 45 495 50 550 ■e" – ( _ V — — — — - — GA LS -.,, • L -- — _ SD — -- w — SD MAJOR . ROAD • B LS G, LEGEND_ – - i Set backs from edge of travel lane Y = Distance between the edge of roadway -� and the curb. Applies to parking, bike lanes, 0 Crosswalk set back = 24 feet +Y shoulders and/or combination. 0 Limit line set back = 13 feet + Y LS = Line of sight SD = Signt distance G = Edge of travelway 2010 S -23 45 • APPENDIX A -5: CUPERTINO STANDARD DETAIL 7 -4 CORNER TRIANGLE - UNC'ONTROLLED INTERSECTIONS I / Ce (\ line nter � I LS = Line of sight LS" = Center line I 100 fret Monument or interseccting point 2010 S -23 47 O r LIP OF GUTTER -- a �— SIDEWALK 1/ 1l` VARIES d O lil 50' I rrl y CrJ BACK OF SIDEWALK g ' 8' ra � a SHADED AREAS BEHIND SIDEWALK SHALL DRIVEWAY • t BE FREE OF ANY OBSTRUCTION EXCEEDING 3 FEET ABOVE SIDEWALK ELEVATION (i.e., s a y SIGNS, BUSHES) ALSO SEE DETAIL 7 -2 (CONTROLLED INTER- SECTIONS) FOR FURTHER RESTRICTIONS J n v • o, 11 -`J ►C APPENDIX A -7: EXAMPLE OF HOW TO FIGURE SIZE AND LOCATION OF GROUND SIGNS - Building Frontage 50 ft _ Sidewalk Site Triangle Setback or A j, Center 50% 35.5 ft. A 130 ft. Street Frontage 1 Ground Sign Allowed: 130 ft Maximum Sign Area: 32.5 sq. ft. (130 ft/4 = 325) Sign Location: Center 50% begins at 32.5 ft. from side property lines. ) 4- c - 5 ft. [ (sign [ 8 ft. (Total height) Sign Height) [ 10300 --- 15-min. Curb Sign Area: 5 x 6.5 = 32.5 sq. ft. Sign Area equals height of sign face times length of sign face. (excluding base) Overall height of sign is measured from the closest curb. 2010 S -23 51 APPENDIX A -8: LANDMARK SIGNS 1. Loree's Shopping Center - 19068 Stevens (:reek Boulevard (APN35:930785 07 046) 2. Kerley's - 20301 Stevens Creek Boulevard (APN 316 25 038) 3. Cupertino Crossroads - 20610 Stevens Creek Boulevard (APN: 018) 4. Vallco Freeway- oriented Sign - (A PN: 316 20 092) 5. Yoshida Restaurant - 10700 S. De Anza Boulevard (APN: 369 37 029) 6. Yamagami Nursery - 1361 S. De Anza Boulevard (APN: 366 19 047) 1 2 3 ��� ff.C.:f:'",P;'' - f ' 1 ' ' . ; ,,, '''''' ' . . , ' Ill' ' , - ' " ' , 1111 ! ..„..0. ,i...;,,,,,,z,„..„--.. r 3 C/ , 4 5 6 53 2010 S -23 39 Comprehensive Ordinance List Ord. No. 09 -2045 Repeals and replaces Chapter 6.28, cable and video services (6.28) 2046 Amends entirety of Chapter 9.0E. massage establishments and serv: t es (9.06) 2048 Adding Ch. 1.10 regarding Administrative citations, fines, aid penalties (1.10) 2049 Amending 14.04.040 regarding street improvement requirements (14.04) 2050 Amending Sign regulations (17.04, 17.08, 17.12, 17.16, 17.20, 17.2' , 17.32, 17.44, 17.52, App. A -1 - A-8) 2051 Rezones certain land (Not codified) 2052 Rezones certain land (Not codified) 2053 Adding Ch. 3.35 regarding telecommunication users' tax (3.35) 2010 S -23 Cupertino - Comprehensive Ordinance List 40 INDEX -- A -- Newspaper distribution method 10.52.020 Throwing, littering unlawful when 10.52.010 ABANDONED VEHICLE Violation, penalty 10.52.090 See VEHICLE AFFORDABLE HOUSING ADMINISTRATIVE CITATIONS, FINES, AND See also HOUSING COMMITTEE PENALTIES Effect of provisions 2.86.130 Administrative citation 1.10.030 Policies, strategies, projects, scope, authority Administrative citation fines 1.10.060 2.86.100 Administrative penalty hearing before the City Council 1.10.130 AGENT Administrative penalties imposed by Council Business license 1.10.140 See also BUSINESS LICENSE Advance deposit hardship waiver 1.10.080 fee 5.04.290 Appeal of an administrative citation 1.10.070 Applicability 1.10.010 ALARM Definitions 1.10.020 Automatic telephone connection prohibited Failure to timely appeal administrative citation 10.26.050 1.10.090 Definitions 10.26.020 Hearing on administrative citation before hearing Equipment and installation requirements officer 1.10.100 10.26.160 Hearing officer's decision on administrative Exemptions 10.26.060 citation 1.10.110 False alarm Lien procedure 1.10.170 charge Notices 1.10.160 assessment notice 10.26.100 Payment of fine and penalty amounts 1.10.150 collection 10.26.140 Right to judicial review of hearing officer's imposition, amount 10.26.090 decision 1.10.120 hearing Service of administrative citation 1.10.040 failure to request, effect 10.26.130 Time period within which to correct or remedy procedure 10.26.120 violations 1.10.050 request 10.26.110 investigation, report requirements ADMINISTRATIVE SERVICES DEPARTMENT 10.26.070 See DEPARTMENTAL ORGANIZATION notification procedure 10.26.080 willful conduct, city reimbursement ADVERTISEMENT 10.26.150 Commercial advertising Purpose of provisions 10.26.010 distribution Requirements 10.26.040 prohibited when 10.52.080 Violation, penalty 10.26.170 requirements 10.52.070 license required, permit prerequisite ALCOHOLIC BEVERAGE 10.52.060 See LIQUOR Distribution commercial advertising AMUSEMENT CENTER See Commercial advertising Business license permit See also BUSINESS LICENSE application, denial, appeal 10.52.040 fee 5.04.300 required 10.52.030 revocation 10.52.050 2010 S -23 3 Cupertino - Index 4 ANIMAL Hearing Abandoned 8.01.080 after seizure 8.02.050 Abuse 8.01.120 appeal 8.02.080 Adoption 8.02.100 before seizure 8.02.070 Animal control officer failure to appeal 8.02.090 authority 8.01.100 Horse inspection 8.01.110 barns, shelters, pens At large location requirements 8.11.040 prohibited 8.01.030 structural requirements 8.11.050 seizure, limitations 8.01.040 event, amateur Beekeeping generally 8.11.020 apiary restrictions 8.11.060 location restrictions 8.07.060 land area requirements 8.11.030 moving, notice required 8.07.050 permit water supply requirements 8.07.070 See also permit application identification, sign requirements 8.07.080 appeal 8.11.130 violation contents 8.11.110 notice, correction 8.07.090 issuance 8.11.100 penalty, abatement 8.07.100 modification, revocation 8.11.120 Bite, quarantine, violation, examination 8.01.050 permit application In City buildings 8.01.090 contents 8.11.070 Dangerous health officer review 8.11.080 permit notice 8.11. 090 denial 8.06.020 pet, kept as 8.11.010 period, fee 8.06.030 violation, penalty 8.11.140 required 8.06.010 Immunization, vaccination violation, penalty 8.06.040 See Dog, cat Dead, disposal 8.01.070 See Sale Definitions 8.01.010 Impoundment Diseased, seizure 8.01.060 disposition 8.02.040 Dog fee 8.02.010 See also Dog, cat hearing, appeal dangerous See Hearing See also Dangerous notice 8.02.030 registration required 8.03.040 redemption 8.02.020 keeping of 8.03.035 Kennel restraint required, exception 8.03.010 inspection 8.05.050 Dog, cat permit license See also permit denial, revocation fee 8.03.060 application 8.05.020 issuance 8.03.070 expiration, renewal 8.05.040 period 8.03.090 nontransferable 8.05.090 presentation on request 8.03.110 required 8.05.010 recordkeeping 8.03.100 permit denial, revocation 8.05.060 required 8.03.050 appeal 8.05.070 tag, wearing required when 8.03.080 subsequent application 8.05.080 maximum allowed, spaying requirements, requirements generally 8.05.030 litter limit 8.03.020 violation, penalty 8.05.100 sale Nuisance when 8.01.130 See Sale Penalty, general 8.01.170 vaccination Poisoning recordkeeping requirements See Abuse 8.03.120 required, penalty 8.03.030 violation, penalty 8.03.130 2010 S -23 4A Index Sale age requirement 8.09.010 immunization 8.09.020 returned animal 8.09.030 violation, penalty 8.09.040 Traps prohibited 8.01.160 Vehicles 8.01.140 Zoning, land use not regulated 8.01.020 APARTMENT Business license See also BUSINESS LICENSE tax 5.04.320 APPEAL See also Specific Subject Administrative definitions 1.16.010 procedure 1.16.020 Sewers, health officer decisions 15.20.190 Water rates, charges 15.04.050 Zoning regulations, decisions See ZONING 2010 S -23 25 Index RETIREMENT SYSTEM SEISMIC SAFETY See PERSONNEL See TOXIC GASES REVENUE SEWER See TAX See also SUBDIVISION See also WATER RIGHT OF ENTRY See also WATER POLLUTION See INSPECTION See also PREVENTION Abandoned system 15.20.140 ROLLER SKATES Appeals, generally 15.20.190 Defined 11.08.014 Applicability of provisions 15.20.010 Prohibited where 11.08.270 Alteration, permit required 15.20.070 Violations, penalties 11.08.280 Building permit issuance requirements 15.20.100 Definitions 15.20.020 -- S -- Enforcement authority designated 15.20.170 Failing system, correction responsibilities 15.20.130 SALE OF SURPLUS SUPPLIES, EQUIPMENT Installation, construction, alteration inspections See EQUIPMENT, SURPLUS, SALE 15.20.110 state contractor's license required 15.20.090 SALES AND USE TAX Liability disclaimer 15.20.160 Administration, state contract 3.08.050 New construction, permit required 15.20.060 Collection, enjoining prohibited 3.08.160 Nuisance declarations 15.20.120 Exemptions, exclusions 3.08.120 Permit required Operative date 3.08.030 alterations 15.20.070 Purpose 3.08.040 new construction 15.20.060 Rate 3.08.020 septic tanks 15.20.080 Sales Private system requirements 15.20.040 place, consummation 3.08.070 Purpose of provisions 15.20.010 tax, imposed 3.08.060 Sanitary sewer, public, required, exceptions Short title 3.08.010 15.20.030 State code Septic tank requirements 15.20.080 additional permits not required 3.08.110 Soil tests 15.20.050 amendments, chapter applicability 3.08.150 State contractor's license required when 15.20.090 limitations 3.08.100 Violations provisions adopted 3.08.090 designated 15.20.180 Use tax, imposed 3.08.080 recording notice 15.20.150 Violation, penalty 3.08.170 SHEEP SALESPERSON See ANIMAL Business license See also BUSINESS LICENSE SHERIFF fee 5.04.290 Bingo inspection 5.32.180 SAN JOSE WATERWORKS permit applicant investigation 5.32.210 See FRANCHISE Private patrol identification card issuance 5.24.130 SEASONAL LOT permit application approval 5.24.040 Business license uniform, equipment approval, inspection See also BUSINESS LICENSE 5.24.120 fee 5.04.330 SHOPPING CENTER SECONDHAND DEALER See also TRESPASSING Applicability of provisions 5.40.010 Free speech activity restrictions 10.56.040 Definitions 5.40.020 Inspection authority 5.40.030 SIDEWALK See STREETS AND SIDEWALKS 2009 S -21 Cupertino - Index 26 SIGN Nonconforming sign regulations 17.52.020 Abandoned, discontinued sign 17.52.030 Not well proported signs, examples of Appeal 17.52.090 Ch. 17, App. A -2 Application approval process flow chart Obstruction prohibited 17.24.210 Ch. 17, App. A -1 Permanent window signs, blad signs and Compliance required 17.12.010 logos, symbols or insignias 17.24.060 Construction, maintenance specifications 17.24.250 Permit Cost recovery 17.52.060 appeal, exception 17.12.090 Cupertino standard detail 7 -2 application corner triangle- controlled intersections approval, permit issuance 17.12.080 Ch. 17, App. A -5 approval process 17.12.110 Cupertino standard detail 7 -4 form, contents 17.12.040 corner triangle - uncontrolled intersections Ch. 17, App. A -6 review criteria 17.12.060 Cupertino standard detail 7 -6 required 17.12.020 sidewalk site triangle review, required when 17.12.030 sidewalk clearance at driveways revocation Ch. 17, App. A -7 authority 17.12.120 Definitions 17.08.010 grounds 17.12.130 Design criteria 17.24.180 hearing 17.12.140 Electronic readerboard signs, changeable copy signs, Program neon and light- emitting diode (LED) signs, decorative statuary and beverage container required when 17.24.020 recycling signs 17.24.090 Prohibited, designated 17.20.010 Enforcement of provisions 17.52.010 Purpose of provisions 17.04.020 Exception Removal appeal 17.44.080 See Illegal sign application, fee 17.44.020 approval conditions 17.44.040 Savings clause 17.04.030 authority 17.44.010 Scope of provisions 17.24.010 expiration 17.44.070 Signs in or near residential districts, 17.24.100 report 17.44.090 Special planning district regulations 17.24.040 review Summary of decision 17.44.050 Regulations for temporary signs generally 17.44.030 Ch. 17, App. A -4 revocation grounds, notice 17.44.060 Sign regulations according to districts Exempt sign, designated 17.16.010 Ch. 17, App. A -3 Freeway orientation 17.24.170 Temporary sign regulations Gas station signs, 17.24.080 flags, garage sales, temporary political Ground sign regulations signs and subdivision signs 17.32.020 example of how to figure size and location of location 17.32.010 Ch. 17, App. A -9 real estate signs and project announcement general 17.24.070 signs 17.32.030 landmark signs 17.24.120 special event banners, promotional devices, and Illegal sign portable signs and displays 17.32.090 authority to remove in public right -of -way summary of Ch. 17, App. A -4 17.52.045 summary of provisions 17.32.110 deemed nuisance 17.52.070 window sign 17.32.100 notice, removal 17.52.040 Title of provisions 17.04.010. storage 17.52.050 Illumination restrictions 17.24.190 Inspection 17.12.100 Modification 17.12.070 2009 S -23 27 Index Violation, penalty 17.52.080 STORM DRAINAGE SERVICE CHARGE Wall sign regulations Adjustments, conditions 3.36.160 example of how to figure size of Amount Ch. 17, App. A -8 See Imposed, determination, applicability location 17.24.050 Applicability Well proportioned signs, examples of See Exemptions Ch. 17, Appx. A -2 Imposed, determination, applicability Collection SKATEBOARDS See also Disputed charges Defined 11.08.015 Payment Prohibited where 11.08.270 balance, procedure 3.36.090 Violations, penalties 11.08.280 omitted charges 3.36.100 procedure, regulations generally SMALL - INCOME BUSINESS 3.36.080 Business license Definitions 3.36.020 See also BUSINESS LICENSE Delinquent fee 5.04.450 See Payment Disputed charges SODA FOUNTAIN See also Adjustments, conditions See RESTAURANT procedure 3.36.150 Effective date 3.36.070 SOILS REPORT Exemptions 3.36.040 See BUILDING Fund SUBDIVISION See STORM DRAINAGE SERVICE CHARGE FUND SOLICITOR Imposed, determination, applicability 3.36.030 See also STREETS, SIDEWALKS Payment Administrative authority 5.20.100 See also Collection Business license Disputed charges See also BUSINESS LICENSE delinquency fee 5.04.290 See also due date Definitions 5.20.010 enforcement 3.36.200 Exemptions from provisions 5.20.015 penalty 3.36.140 Hours of operation 5.20.090 due date 3.36.130 Identification permit location 3.36.120 denial, appeal 5.20.050 owner responsibility 3.36.110 display on demand 5.20.120 Premises inspection, scope, authority 3.36.190 issuance 5.20.040 Purpose, limitations of provisions 3.36.010 nontransferable 5.20.110 Refunds, conditions 3.36.180 revocation Revenues, use, limitations 3.36.170 appeals 5.20.070 Review grounds 5.20.060 measurement, analysis methods report Posting of premises 5.20.140 3.36.060 Vehicle requirements 5.20.080 procedure generally 3.36.050 Violation, penalty 5.20.130 Use See Revenues, use, limitations SPECIFIC PLAN See LAND DEVELOPMENT PLANNING STORM DRAINAGE SERVICE CHARGE FUND Created, purpose, use 3.36.170 SPORTING EVENT Regulations, permit STREET IMPROVEMENT See PARADES AND ATHLETIC EVENTS Agreement deferred See Deferred agreement 2010 S -23 Cupertino - Index 28 installation Remedies cumulative 14.04.290 See Installation agreement Requirements generally 14.04.040 reimbursement Rules, regulations 14.04.120 See Reimbursement agreement Standard specifications 14.04.200 Appeals 14.04.240 Street, highway width 14.04.210 Applicability of provisions 14.04.020 Violation Chapter conformance required 14.04.250 nuisance 14.04.260 Credit penalty 14.04.280 prior improvements 14.04.150 utility connection denial 14.04.270 purpose 14.04.100 Dedication STREETS AND SIDEWALKS determination by class 14.04.140 See also SUBDIVISION requirements 14.04.130 Cleated vehicle operation, prohibitions 14.08.080 time, purpose 14.04.050 Depositing dirt, rocks prohibited 14.08.070 Deferred agreement Encroachment See also In -lieu payment, deferred agreement permit generally applications, deposit 14.08.040 purpose 14.04.080 issuance 14.08.050 Exceptions 14.04.230 required 14.08.030 Fees 14.04.190 Obstruction In -lieu payment applicability 14.08.090 See also In -lieu payment, deferred agreement definitions 14.08.010 See also overhead, prohibited 14.08.020 generally violation, penalty 14.08.100 purpose 14.04.070 Soliciting on schedule 14.04.180 definitions 10.80.010 In -lieu payment, deferred agreement generally no vehicle solicitation zone 10.80.030 14.04.060 prohibited 10.80.020 Installation agreement, bond, other securities violation, penalty 10.80.040 14.04.170 Street improvements Interim 14.04.090 See STREET IMPROVEMENT Legal description required 14.04.220 Trees Permit, preceding See TREES conditions 14.04.160 Underground installations, specifications, purpose 14.04.110 supervision 14.08.050 Preceding permit Underground utilities See Permit, preceding See UNDERGROUND UTILITIES Purpose, intent 14.04.030 Reimbursement agreement SUBDIVISION funds disposition 14.04.176 Access required 14.04.175 direct access Reimbursement charges See Street applicability 18.56.010 requirements 18.32.120 charges additional 18.56.080 Alley dedication cost of land, interest 18.56.050 See Street definitions 18.56.020 Amendment funds, disposition 18.56.060 See Map land acquisition, cost, interest 18.56.070 Applicability of provisions 18.04.040 purpose of provisions 18.56.010 Attorney responsibilities 18.08.020 reimbursement agreement Certificate of correction See also Reimbursement agreement See Map required 18.56.040 Citation 18.04.010 rules, regulations, establishment authority Compliance 18.56.090 certificate of compliance issuance 18.48.030 31 Index use 18.36.020 appeals recordation 18.36.070 permitted 18.20.060 School procedure 18.20.070 land dedication application, fees required 18.20.020 exemptions 18.24.170 approval, conditional approval payment to subdivider 18.24.160 expiration, extension 18.20.080 procedure 18.24.150 planning commission action required 18.24.140 18.20.040 tent map requirements contents 18.20.010 See Tent map denial grounds 18.20.050 Sewer system 18.32.050 expiration 18.20.080 Soils report form, contents 18.20.010 See Final map hearing setting, notice requirements Tentative map 18.20.030 Storm drainage 18.32.030 required when Street See Final map improvement, reimbursement time extension 18.20.080 See STREET IMPROVEMENT time limits 18.20.030 dedication 18.24.010 Utility undergrounding 18.32.070 direct access waiver 18.24.230 Variance permitted when 18.04.050 Tentative map Vesting tentative map See also Map See also Map amendments applicability of provisions 18.28.040 See also Map approval requirements 18.16.110 application inconsistent with current approval, conditional approval policies 18.28.090 expiration when 18.16.090 expiration 18.28.070 planning commission authority scope, effect 18.28.080 18.16.050 consistency time extension 18.16.090 See also approval contents 18.16.010 requirements generally 18.28.020 denial grounds 18.16.060 defmitions 18.28.030 expiration 18.16.090 fees 18.28.060 filing 18.16.050 filing, processing requirements 18.28.050 form 18.16.010 generally 18.28.010 hearing by planning commission, notice Violation requirements 18.16.040 certificate of noncompliance parcel map requirements See Compliance See Tentative parcel map remedies 18.48.020 preparation 18.16.010 Warranty security required when See Improvement security See Final map Water system 18.32.060 review by council 18.16.010 school requirements 18.16.030 SURPLUS PROPERTY time limit extensions See EQUIPMENT, SURPLUS, SALE See also approval, conditional approval SWIMMING POOL requirements 18.16.080 Administration, application 16.32.030 utilities, school district review Construction requirements 16.32.050 18.16.030 Definitions 16.32.020 Tentative parcel map Enforcement authority 16.32.060 See also Map Fencing, safety requirements 16.32.040 amendments Inspection required 16.32.073 See Map Permit Cupertino - Index 32 application 16.32.071 application 5.28.070 errors correction 16.32.090 denial 5.28.080 expiration 16.32.100 driver fees 16.32.072 See Driver permit required 16.32.070 for additional, substitute vehicles Purpose 16.32.010 5.28.110 Violation, penalty 16.32.e80 required 5.28.060 revocation, suspension 5.28.100 SWINE term 5.28.090 See ANIMAL Refusal of service prohibited 5.28.200 Taximeter operation 5.28.040 required 5.28.020 TAVERN Vehicle numbering 5.28.045 See RESTAURANT Violation, penalty 5.28.220 TAX TECHNOLOGY, INFORMATION, AND See Specific Tax COMMUNICATIONS COMMISSION Budget 2.74.070 TAX ADMINISTRATOR Effect of provisions 2.74.080 Defined 3.12.020 Established 2.74.010 Transient occupancy tax Meetings, staff, officers, quorum 2.74.040 records access 3.12.110 Member unreported, determination, notice of hearing term 2.74.020 3.12.090 vacancy filling 2.74.030 Powers, duties 2.74.060 TAX COLLECTOR Recordkeeping 2.74.050 Storm drainage service charge collection duties 3.36.080 TELECOMMUNICATION USERS' TAX Actions to collect 3.35.100 TAXICAB Additional powers and duties of the Tax Administrative authority 5.28.015 Administrator 3.35.130 Appeal 5.28.185 Administrative remedy - non - paying service users Business license 3.35.120 See also BUSINESS LICENSE Adoption 3.35.020 fee 5.04.430 Appeals 3.35.160 Definitions 5.28.010 Bundling taxable items with non - taxable items Direct route 5.28.190 3.35.060 Driver permit Collection penalties - service suppliers 3.35.090 application, issuance 5.28.165 Constitutional, statutory, and other exemptions denial 5.28.170 3.35.040 employment termination 5.28.175 Deficiency determination and assessment - tax required 5.28.160 application errors 3.35.110 suspension, revocation 5.28.180 Definitions 3.35.030 Fare schedule Duration 3.35.230 adoption 5.28.030 Duty to collect - procedures 3.35.080 posting 5.28.050 Effect of state and federal reference /authorization Liability policy 3.35.190 bond 5.28.150 Independent audit of tax collection, exemption, cancellation, notice 5.28.140 remittance, and expenditure 3.35.200 required 5.28.120 Interaction with prior tax 3.35.210 requirements 5.28.130 No injunction /writ of mandate 3.35.170 Overcharge, restitution 5.28.210 Notice of changes to ordinance 3.35.180 Permit 2010 S -23 • 32A Index Records 3.35.140 Refunds 3.35.150 Remedies cumulative 3.35.220 Short title 3.35.010 Substantial nexus / minimum contacts 3.35.070 Telecommunication users' tax 3.35.050 THEATER Business license See also BUSINESS LICENSE fee 5.04.440 Smoking See SMOKING TOBACCO VENDING MACHINE See CIGARETTE, TOBACCO VENDING See MACHINES TOXIC GASES See also FIRE CODE Applicability, purpose, conflict of provisions 16.42.010, 16.42.030 Controls Class I 16.42.220 Class II 16.42.230 Class III 16.42.240 classification 16.42.210 minimum threshold quantity 16.42.250 Definitions 16.42.020 Facility See also Storage, use closure 16.42.080 earthquake protection 16.42.090 emergency response plan 16.42.140 2010 S -23