2010 S-27 CUPERTINO, CALIFORNIA
Instruction Sheet
2010 S-27 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 6: FRANCHISES
1,2 1,2
11 through 16 11 through 16B
TITLE 16: BUILDING AND CONSTRUCTION
1 through 8 1 through 10
29 through 32 29 through 32
35 through 38 35 through 38
55 through 74F 55 through 74D
- - 92A, 92B
- - 94A, 94B
99, 100 99, 100
- - 103 through 106
Comprehensive Ordinance List
31, 32 31, 32
35 through 40 35 through 40
Index
5 through 18 5 through 18
23 through 26 23 through 26
JBS 12/2010
CITY OF CUPERT'INO, CALIFORNIA
MUNICIPAL CODE
2010 S -27 Supplement contains:
Local legislation current through Ordinance 2072, passed 12 -7 -2010
AMERICAN LEGAL PUl3LISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588
TITLE 6: FRANCHISES
Chapter
6.08 Electricity Pacific Gas and Electric Company
6.12 Gas - Pacific Gas and Electric Company
6.16 Water - California Water Service
6.20 Water -San. Jose Water Works
6.24 Garbage and Recycling Collection and Disposal
6.28 Cable and Video Services
2010 S -27 1
6.24.010
CHAPTER 6.24: GARBAGE AND RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010 Purpose of chapter. 6.24.010 Purpose of Chapter.
6.24.020 Definitions. This chapter is determined and declared to be a health,
6.24.030 Mandatory garbage collection service; sanitary and safety measure necessary for the promotion,
owner responsibility. protection and preservation of the health, safety and general
6.24.040 Commencement of garbage collection welfare of the people of the City of Cupertino. (Ord. 2069,
service. § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.050 Frequency of disposal.
6.24.060 Method of garbage, compostable materials 6.24.020 Definitions.
and recyclables disposal. For the purposes of this chapter, the following words
6.24.070 Garbage compostable materials and and phrases shall have the meanings ascribed to them by this
recyclables containers. section, unless the context or the provision clearly requires
6.24.080 Inappropriate containers. otherwise:
6.24.090 Burning restrictions. 1. "City" means and includes all the territory lying
6.24.100 Disposal of explosive or hazardous within the municipal boundaries of the City of Cupertino as
material restrictions. presently existing, plus all territory which may be added
6.24.110 Unauthorized Disposal prohibited. thereto during the effective term of the ordinance codified
6.24.120 Franchise granting authority. herein.
6.24.150 Charges for garbage collection service. 2. "Collection station" means the location at which
6.24.160 Failure to pay for garbage collection containers of garbage, recyclables and compostable
service. materials are placed for collection by the authorized garbage
6.24.170 Notification of delinquency. collector.
6.24.180 Assignment of delinquent account. 3. "Compostable materials" means organic
6.24.190 Lien initiation. materials, including but not limited to, material generated
6.24.200 Notice of hearings on liens. from tree trimming, shrubbery pruning, vegetative garden
6.24.210 Administrative hearing on liens. wastes, dead plants, weeds, leaves, grass clippings, food
6.24.220 Public hearing on liens. and non -food vegetative matter, soiled paper, and cardboard
6.24.230 Recording of lien. and waxed cardboard that decompose biologically.
6.24.240 Collection of delinquent charges as a 4. "Construction and demolition debris" or "C &D
special assessment. debris" means materials resulting from the construction,
6.24.250 Report of delinquent charges for special remodeling, or demolition of buildings and other structures.
assessment. "Construction and demolition debris" includes, but is not
6.24.260 Levy of special assessments. limited to, concrete, asphalt, rock and dirt related to
6.24.270 Collection of special assessment. construction, remodeling, repair, or demolition operations
6.24.280 Continuing appropriation account. and is subject to the provisions of Chapter 16.72.
6.24.290 Recycle centers. 5. "Debris box service" means collection service in
6.24.300 Unauthorized garbage collection. containers without compaction that have a capacity of eight
6.24.305 Containers stored in trash enclosures. (8) cubic yards or more. Debris boxes may be used for the
6.24.310 Interfering with garbage collection collection of recyclable and compostable materials, or
service. garbage, and may be used for construction and /or demolition
6.24.320 Unauthorized use of garbage collection debris that may or may not be intended for full or partial
service. recycling or other waste diversion.
6.24.325 Rules and regulations adopted. 6. "Delinquent" means a failure of the recipient of
6.24.330 Violation- Misdemeanor. garbage collection service, or of the property owner, to pay
2010 S -27 11
6.24.020 Cupertino - Franchises 12
when due all charges owed to the garbage collector for 14. "Multiple -unit dwelling" or "multiple family
garbage collection service rendered or to be rendered. dwelling" means any premises, excluding a hotel, motel, or
7. "Director" means the Director of Public Works lodging house, used for residential purposes containing more
and his /her duly authorized agents and representatives. than one dwelling unit, irrespective of whether the residency
8. "Dwelling" means a residence, flat, duplex, is transient, temporary or permanent.
apartment, townhouse, condominium or other facility used 15. "Nonresidential premises" means all premises
for housing one or more persons. except residential premises, including but not restricted to
9. "Finance Director" means the Finance Director premises used for industrial, commercial, administrative and
and his /her duly authorized agents and representatives. professional offices, public and quasi - public buildings,
10. "Garbage" means all materials, substances or utility and transportation.
objects that are discarded, including but not restricted to, 16. "Occupancy "; "occupied ": Premises are
materials, substances or objects commonly referred to as "occupied" when a person or persons take or hold
"trash," "garbage," "refuse" and "rubbish" that are possession of the premises for permanent or temporary use.
produced, generated or accumulated by all residential, For the purposes of determining whether a premises is
commercial, industrial, institutional, municipal, agricultural occupied during periods when garbage collection service is
and other inhabitants, premises and activities within the made available to such premises, occupancy shall be
City, the collection of which is regulated through the presumed unless evidence is presented that gas, electric,
franchise agreement existing between the City and the telephone and water utility services were not being provided
authorized garbage collector; provided, however, that to the premises during such periods.
"garbage" does not include (a) hazardous materials, (b) 17. "Owner" means the holder or holders of legal
recyclable materials, (c) compostable materials, (d) title to the real property constituting the premises to which
construction and demolition debris, (e) biomedical waste, (f) garbage collection service is provided.
ash, and (g) sewage and other highly diluted water - carried 18. "Person" includes any person, firm, association,
materials or substances and those in gaseous form. organization, partnership, business trust, joint venture,
11. "Garbage collector" means any person or entity corporation, or company, and includes the United States, the
authorized by the franchise agreement between the State of California, the County of Santa Clara, special
Franchisee and the City, in accordance with Section purpose districts, and any officer or agency thereof.
6.24.120 of this chapter, to collect, receive, carry, 19. "Premises" means any land, building or structure,
transport, and dispose of any garbage produced, kept or or portion thereof, within the City where any garbage is
accumulated within the City. produced, kept, deposited, placed or accumulated.
12. "Garbage collection service" means the 20. "Recyclables" or "Recyclable material" mean
collection, transportation and disposal of garbage, those materials that can be returned to economic use as raw
compostable materials and recyclables by an authorized materials for new, reused or reconstituted products, which
garbage collector. prior to collection are separated by the generator from other
13. "Hazardous materials" means any or combination material treated as garbage. Examples of Recyclables
of materials which because of its quantity, concentration, or include, but are not limited to: newspaper, cans, corrugated
physical, chemical or infectious characteristics may either: cardboard, glass, certain types of plastic, metals, wood,
(a) cause or significantly contribute to an increase in automobile oil, and compostable items such as food and yard
mortality or an increase in serious irreversible, or waste.
incapacitating reversible illness; or (b) pose a substantial "Mixed recyclables" means more than one type of
present or potential hazard to human health or the recyclable material commingled in a bin, debris box,
environment when improperly treated, stored, transported or compactor or other type of container. This material
disposed of or otherwise managed. Hazardous materials includes, but is not limited to wood, paper, plastic, metals,
includes, but is not limited to, hazardous wastes as defined glass, and other dry waste. The material must not have
under California or United States law or any regulations more than 10% putrescrible or non - recyclable waste.
promulgated pursuant to such laws, and all toxic, "Single Source Separated Recyclables" means any
radioactive, biologically infectious, explosive or flammable Recyclables that, prior to collection, are or have been
waste materials, including any material defined in Section separated or segregated by their generator as to type or
9.12.020 of the Cupertino City Code for which a hazardous category of material and are or have been placed into
materials storage permit is required. separate containers according to type or category, i.e. all
2010 S -27
13 Garbage- -Los Altos Garbage Company 6.24.020
metal is separated from other recyclables and placed in its 6.24.040 Commencement of Garbage Collection
own separate container or separate debris box. Service.
21. "Residential premises" means any single -unit The owner or tenant shall commence garbage collection
dwelling or multiple -unit dwelling. service within ten days after occupancy of a premises, or
22. "Single -unit dwelling" means one or more rooms portion thereof. In the event service is not initiated within
and a single kitchen, designed for occupancy by one family such period of time, the Director may give written notice to
for residential purposes. Each dwelling unit within a the owner or tenant that garbage collection service is
condominium project, duplex, townhouse project or required. If service is not initiated by the owner or tenant
apartment, and each second unit located within a within ten days after the date of mailing the notice, the
single- family residential zoning district, shall constitute a Director shall authorize the garbage collector to begin and
separate single -unit dwelling to which garbage collection continue providing the minimum level of garbage collection
service is provided, unless the owner or occupants thereof service to such premises and the service shall be deemed to
arrange for garbage collection service to be provided to all have been made available as of the date of such
dwelling units upon the premises at commercial rates. authorization.(Ord. 2069, § 1 (part), 2010, Ord. 1572, § 1
23. "Tenant" means any person or persons, other (part), 1991)
than the owner, occupying or in possession of a premises.
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) 6.24.050 Frequency of Disposal.
No more than one week's accumulation of garbage
6.24.030 Mandatory Garbage Collection Service —Owner shall be kept or permitted to remain upon any premises in
Responsibility. the City. At least once a week, all garbage produced, kept,
A. The owner of each occupied residential or deposited, placed or accumulated within any premises in the
nonresidential premises shall subscribe to and pay for at City shall be disposed of in accordance with the provisions
least the minimum level of garbage collection service made of this chapter. Dry recyclables and compostable materials
available to that premises by the garbage collector, as may be accumulated for up to one month (if necessary to
specified in the franchise agreement between the city and the reasonably fill the collection container), so long as they are
garbage collector executed pursuant to Section 6.24.120 of not stored within view of the public right of way and are
this chapter. The owner of each occupied residential or kept in appropriate containers. (Ord. 2069, § 1 (part), 2010;
nonresidential premises shall subscribe to and pay for a level Ord. 1572, § 1 (part), 1991)
of service sufficient to provide for the collection of all
garbage generated on the property. Customers at 6.24.060 Method of Garbage, Compostable Materials
non - residential properties must subscribe to services on a and Recyclables Disposal.
regular weekly basis sufficient to prevent container or bin All garbage, compostable materials and recyclables
overages and, where necessary, to extra services to prevent shall be disposed of by delivery of each container to an
overages. authorized collection station, located as to be readily
B. The charges for garbage collection service accessible for the removal and emptying of its contents by
rendered or made available shall be paid for all periods of the garbage collector. Recyclables and compostable
time during which the premises are occupied, regardless of materials may be dealt with as set forth in Section 6.24.300.
whether or not the owner or tenant has any garbage to be (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
collected on any particular collection date during such
occupancy. Occupancy shall be presumed unless evidence is 6.24.070 Garbage, Compostable Materials and
presented that gas, electric, telephone and water utility Recyclables Containers.
services were not being provided to the premises during A. All garbage, compostable materials and
such periods. Nothing in this section is intended to prevent recyclables containers shall be kept in a sanitary condition
an arrangement, or the continuance of an arrangement, with the lid closed or cap secured, except when being loaded
under which payments for garbage collection service are or unloaded.
made by a tenant or tenants, or any agent or other person, B. Garbage, compostable materials and recyclables
on behalf of the owner. However, any such arrangement containers for residential premises shall be provided by the
will not affect the owner's obligation to pay for garbage garbage collector and be sized based on the level of
collection service as provided herein. subscription for services requested by the resident.
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) Containers shall not be loaded with more materials than will
fit in the container with the lid closed or cap secured, or in
2010 S -27
6.24.070 Cupertino - Franchises 14
excess of the weight limit marked on the container. Garbage inflammable or otherwise hazardous material or
containers for commercial premises shall be provided by or substance.(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
approved by the garbage collector. (part), 1991)
C. Garbage, compostable materials containers and
recycling containers shall be collected by the garbage 6.24.110 Unauthorized Disposal Prohibited.
collector when the containers are placed outside of the A. It is unlawful for any person or entity in the City
premises; provided, however, that the collection may be to throw, deposit or store refuse, garbage or waste, or to
made at such other location upon approval by the Director, cause the same to be thrown, deposited or stored, upon any
based on the services subscribed for by the resident. street, alley, gutter, park, or other public place.
D. Garbage containers, compostable materials Furthermore, no property owner and /or occupant with
containers and recycling containers shall be placed at the control over any premises shall keep or maintain any
authorized collection station not more than twenty -four garbage, recyclables, compostable materials, or any waste
hours before the scheduled collection time, unless the effluent such as grease or oil on any premises within the
resident subscribes for 'Walk -Up' services. Such containers City other than in containers as required by Section 6.24.070
shall be removed from the collection station within and / or any other provisions of this chapter. Waste water
twenty -four hours after collection. Containers provided by must go to the sanitary sewer; if it contains oil or grease a
the garbage collector shall not be moved or removed by any grease trap may be required.
person other than the garbage collector. B. Nothing contained in Section 6.24.070, Section
E. All bins, boxes, and containers of one cubic yard 6.24.080 or this Section 6.24.110 shall prevent a property
or more shall be identified with the name and telephone owner and /or occupant with control over any premises from
number of the collector servicing the bins, boxes and keeping or maintaining compostable materials in a home
containers. (Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), composting bin designed and intended for home composting.
1993; 1572, § 1 (part), 1991) Home composting materials and containers shall not be
stored in public view. (Ord. 2069, § 1 (part), 2010; Ord.
6.24.080 Inappropriate Containers. 1572, § 1 (part), 1991)
It is the duty of the authorized garbage collector,
unless otherwise allowed under the current franchise 6.24.120 Franchise Granting Authority.
agreement, to provide the bins, boxes and containers. The The City Council may award an exclusive franchise to
use of garbage, compostable materials and recycling any person or entity the Council believes is qualified to
containers which do not meet the standards set forth in perform garbage collection service. Such franchise
Section 6.24.070 of this chapter shall be subject to agreement shall require the garbage collector to render
regulations prescribed by the Director, including appropriate service to all residential and commercial premises within the
additional charges to be paid the garbage collector for the City in accordance with the provisions of this chapter and in
collecting and transporting of the inappropriate containers or conformity with such regulations as may be adopted by the
waste contained therein. (Ord. 2069, § 1 (part), 2010; Ord. Director with the approval of the City Council. Additional
1626, (part), 1993; Ord. 1572, § 1 (part), 1991) terms of such franchise agreement shall not conflict with any
of the provisions of this chapter. (Ord. 2069, § 1 (part),
6.24.090 Burning Restrictions. 2010; Ord. 1572, § 1 (part), 1991)
It is unlawful for any person to bum, or cause to be
burned, any garbage within the City or to burn, or cause to 6.24.150 Charges for Garbage Collection Service.
be burned, any waste upon public streets, ways or alleys. The City Council reserves the right to establish by
Dry waste may be burned by owners or producers thereof resolution a schedule of rates and charges for all levels of
on privately owned property only when the hours and garbage collection service to be rendered by the garbage
conditions of such burning have been approved in advance collector, who shall then have authority to collect such rates
by the Fire Marshal. (Ord. 2069, § 1 (part), 2010; Ord. and charges. The schedule may be changed from time to
1572, § 1 (part), 1991) time in the manner prescribed by the franchise agreement
between the City and the garbage collector. (Ord. 2069, § 1
6.24.100 Disposal of Explosive or Hazardous Material (part), 2010; Ord. 1572, § 1 (part), 1991)
Restrictions.
No person shall deposit in any garbage compostable
materials or recycling container any explosive, highly
2010 S -27
15 Garbage- -Los Altos Garbage Company 6.24.160
6.24.160 Failure to Pay for Garbage Collection Service. 6.24.200 Notice of Hearings on Liens.
The garbage collector shall be entitled to payment from The Finance Director shall send written notice of the
either the owner or the recipient of garbage collection administrative hearing to the owner of the premises against
service for any services rendered or to be rendered. Upon which the lien will be imposed at least ten days prior to the
failure to make such payment, the means of collecting hearing date. The notice shall be mailed to each person to
delinquent charges shall be in accordance with the whom such premises is assessed in the latest equalized
procedures set forth in Sections 6.24.170 through 6.24.270 assessment roll available on the date the notice is mailed, at
of this chapter. Garbage collection service shall not be the address shown on said assessment roll or as known to the
discontinued by reason of any failure to pay the charges for Finance Director. A copy of the notice shall also be mailed
such service. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 to the garbage collector. The notice shall set forth the
(part), 1991) amount of delinquent garbage collection service charges, the
amount of any late charge thereon, and the possible lien and
6.24.170 Notification of Delinquency. administrative charges as provided in Section 6.24.230 of
If a bill for garbage collection service remains this chapter. The notice shall also inform the owner of the
delinquent for thirty days, the garbage collector shall be time, date and place of the administrative hearing and the
entitled to collect a late charge in such amount as approved subsequent public hearing to be conducted by the City
by the City Council. The garbage collector may, at any Council, and advise the owner of his right to appear at both
time after such thirty -day period, send or deliver notice of the administrative hearing and the public hearing to state his
delinquency to the owner indicating the amount owed for objections to the report or the proposed lien. (Ord. 2069,
garbage collection service, the amount of late charge § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
thereon, and advising the owner that failure to pay the same
will result in the placement of a lien upon the premises. The 6.24.210 Administrative Hearing on Liens.
form of delinquency notice shall be approved by the Finance At the time and place fixed for the administrative
Director. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 hearing, the Finance Director shall hear and consider any
(part), 1991) objections or protests to his report. The Finance Director
may correct or modify the report as he deems appropriate,
6.24.180 Assignment of Delinquent Account. based upon the evidence presented at the hearing, and shall
In the event the bill for garbage collection service, notify the affected persons of his decision. The Finance
together with any late charge thereon, is not paid within Director shall thereupon submit a final report to the City
thirty days after the date of mailing the notice of Council for confirmation and shall furnish a copy of such
delinquency to the owner, the garbage collector may assign report to the garbage collector. (Ord. 2069, § 1 (part),
such bill to the City for collection through the initiation of 2010; Ord. 1572, § 1 (part), 1991)
lien and special assessment proceedings in accordance with
this chapter. The assignment shall include the name and 6.24.220 Public Hearing on Liens.
address of the owner, the assessor's parcel number of the The City Council shall conduct a public hearing to
premises, the period of garbage collection service covered consider the Finance Director's final report at the time and
by the bill, the amount owed for such service, the amount of place set forth in Notice described in Section 6.24.200 of
any late charge and such other information as requested by this chapter. At such hearing, any interested person shall be
the Finance Director together with a copy of the notice of afforded the opportunity to appear and present evidence as
delinquency mailed or otherwise delivered to the owner. to why the report, or any portion thereof, should not be
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) confirmed. The City Council may adopt, revise, reduce or
modify any charge shown on the report or overrule any or
6.24.190 Lien Initiation. all objections as it deems appropriate, based upon the
Upon the City's receipt of the assignment from the evidence presented at the hearing. If the City Council is
garbage collector, the Finance Director shall prepare a satisfied with the final report as rendered or modified, the
report of delinquency and initiate proceedings to create a Council shall confirm such report by resolution. The
lien on the premises to which the garbage collection service decision by the City Council on the report and any
was or will be rendered. The Finance Director shall fix a objections or protests thereto, shall be final and conclusive.
time, date and place for an administrative hearing by the (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
Finance Director to consider any objections or protests to his
report. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part),
1991)
2010 S -27
6.24.230 Cupertino - Franchises 16
6.24.230 Recording of Lien. 6.24.270 Collection of Special Assessment.
Upon confirmation by the City Council of the final The special assessment shall be collected at the same
report, the Finance Director shall cause to be recorded in time together with and in the same manner and frequency
the Office of the Recorder for Santa Clara County, a lien and by the same persons as ordinary municipal taxes, and
against each premises described in the report for the amount shall be subject to the same interest and penalties and the
of delinquent garbage collection service charges and late same procedure of sale as provided for delinquent ordinary
charges as confirmed by the City Council. The lien shall municipal taxes. The special assessment shall be
also include such additional administrative charges as subordinate to all existing special assessment liens
established by resolution of the City Council. All persons previously imposed upon the premises and paramount to all
to whom notice was sent pursuant to Section 6.24.200 of this other liens except those for state, county and municipal
chapter shall be notified by the Finance Director that the taxes, with which it shall be upon parity. Each special
service charges, charges and administrative charges are due assessment shall continue until all delinquent charges due
and payable to the City and that said lien has been recorded. and payable thereon are paid in full. All laws applicable to
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) the levy, collection and enforcement of municipal taxes shall
be applicable to such special assessment. (Ord. 2069, § 1
6.24.240 Collection of Delinquent Charges as a Special (part), 2010; Ord. 1572, § 1 (part), 1991)
Assessment.
The finance director shall initiate proceedings to levy 6.24.280 Continuing Appropriation Account.
as a special assessment against the premises described in the There is hereby created in the general fund a
lien recorded pursuant to Section 6.24.230 of this chapter, continuing appropriation account entitled "Payment of
the sum of delinquent garbage collection service charges, Delinquent Charges For Garbage Collection Service." This
late charges and administrative charges, plus an assessment account shall be credited with such sums as may be
charge as established by resolution of the City Council. appropriated by the City Council, all delinquent service
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1(part), 1991) charges, late charges and administrative charges collected by
the Finance Director, and all amounts remitted by the Tax
6.24.250 Report of Delinquent Charges for Special Collector for Santa Clara County representing special
Assessment. assessments collected pursuant to Section 6.24.270 of this
A report of delinquent charges shall be prepared by the chapter. The delinquent garbage collection service charges
Finance Director and submitted to the City Council for and late charges shall be disbursed from said account to the
confirmation. The report shall indicate all charges for garbage collector promptly upon receipt of such payments.
which a lien has been recorded pursuant to Section 6.24.230 The administrative charges and assessment charges shall be
of this chapter, which remain unpaid as of the date of the retained by the City. (Ord. 2069, § 1 (part), 2010; Ord.
report. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1572, § 1 (part), 1991)
1991)
6.24.290 Recycle Centers.
6.24.260 Levy of Special Assessments. The City may operate one or more centers for the
Upon confirmation by the City Council of the Finance collection of recyclable materials or may enter into a
Director's report as rendered or modified, the delinquent contract with a private party to operate such centers. The
charges contained therein shall constitute a special City may contract with the same garbage collector awarded
assessment levied upon the premises against which such the franchise for garbage collection service or with any
charges have been imposed. The Finance Director shall file other party for the processing and transportation of the
a copy of the report, together with a certified copy of the recyclable material collected at a recycle center. The City
resolution by the City Council confirming the same, with the Council may, from time to time by resolution, designate
Tax Collector for Santa Clara County with instructions to what material shall be deemed recyclable and which may
enter the delinquent charges as special assessments against therefore be disposed of by delivery to a recycle center.
the respective premises described in the Finance Director's (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
report. The Tax Collector shall include such special
assessment on the next regular bill for secured property 6.24.300 Unauthorized Garbage Collection.
taxes sent to the owner. (Ord. 2069, § 1 (part), 2010; Ord. No person shall collect any garbage, mixed
1572, § 1 (part), 1991) recyclables, or construction and demolition materials from
debris boxes, compactors and bin -by -the -day services,
produced, kept or accumulated within the City, unless such
person is an agent or employee of the City acting within the
2010 S -27
16A Garbage- -Los Altos Garbage Company 6.24.300
course and scope of his employment, or has been awarded by an agent or employee of the City acting within the course
a franchise by the City to act as garbage collector. The and scope of his employment, or being rendered by the
City shall notify any person or entity violating this section authorized garbage collector. (Ord. 2069, § 1 (part), 2010;
that the prompt and permanent removal of any collection Ord. 1572, § 1 (part), 1991)
bin, box or container from the place or premises is required.
The following situations are exempt from this section: 6.24.320 Unauthorized Use of Garbage Collection
A. Transporting garbage or recyclables that have Service.
been generated on the property by the owner of the property No person shall deposit, place or accumulate, or allow
or by an individual or entity personally assisting the the deposit, placement or accumulation upon a premises for
property owner. pick up by the garbage collector, any garbage produced from
B. Collection of recyclable materials which have another premises where such action results in the avoidance
been source separated from other garbage by the generator or reduction of any garbage collection service charges that
and which the generator sells or donates to any other person would otherwise be payable for collection of such garbage
or organization, or any recyclable materials which have a from the premises at which it was produced. (Ord. 2069,
value equal to or more than the cost of collection. § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
C. Removal of construction, remodeling or
demolition debris as part of a total service offered by the 6.24.325 Rules and Regulations Adopted.
contractor, where the removal is performed by an employee A. The Director of Public Works shall adopt such
of the contractor using equipment owned by the contractor. rules and regulations as may be necessary for the proper
D. Removal of green waste or plant trimmings by a administration and enforcement of this chapter, and any
gardening, landscaping, or tree trimming contractor as an franchise, contract or license issued or executed thereunder,
incidental part of a total service offered by that contractor. including regulations relating to the required frequency of
E. Collection of grease wastes from grease bins, collection from various types of places and premises, and the
grease traps or grease interceptors. types of special containers required for certain classes of
F. Collection of horse manure from residences or places and premises.
non- residential properties. B. The Director of Public Works shall resolve all
G. Collection of hazardous materials. disputes concerning the administration of this chapter and
H. Collection of non - hazardous material that is any franchise, contract, or license issued or executed
greater than fifty percent (50 %) liquid (including septic tank thereunder. Any affected person who is dissatisfied with the
pumpings, and other liquid wastes). (Ord. 2069, § 1 (part), determination of the Director of Public Works may, within
2010; Ord. 1572, § 1 (part), 1991) ten days after such decision appeal the same to the City
Council. Such appeal must be in writing, filed with the City
6.24.305 Containers Stored in Trash Enclosures. Clerk, and must set forth the reasons for such appeal.
Any person owning, controlling or maintaining any C. Disputes concerning the enforcement of this
premises within the City which is required to have and chapter by an administrative citation issued pursuant to
maintain trash enclosures as a condition of development or Chapter 1.10 shall be resolved by means of the citation
use shall keep all garbage, compostable materials, recycling, appeal process set forth in that chapter. No violation of this
and other waste containers within the confines of the trash chapter shall be permitted, or be continued, during the time
enclosures at all times except when the containers are being any such appeal is pending. (Ord. 2069, § 1 (part), 2010;
emptied by the garbage collector. Commercial entities shall Ord. 1572, § 1 (part), 1991)
use tallow bins for grease waste. Secondary containment for
tallow bins and other waste or compostable material 6.24.330 Violation- Misdemeanor.
containers shall be required by the City if the potential exists Any person who violates any provision of this chapter
for any non - stormwater discharge to the storm drain system shall be guilty of a misdemeanor and upon conviction thereof
or any other waterway that connects to the waters of the shall be punished as provided in Chapters 1.10 and 1.12 of
State. Failure to properly store discarded materials is this code. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
subject to citation. (Ord. 2069, § 1 (part), 2010; Ord. 1572, (part), 1991)
§ 1 (part), 1991)
6.24.310 Interfering with Garbage Collection Service.
No person shall, in any manner, interfere with the
performance of garbage collection services being rendered
2010 S -27
TITLE 16: BUILDINGS AND CONSTRUCTION
Chapter
16.04 Building Code Adopted
16.06 Residential Code Adopted
16.08 Excavations, Grading and Retaining Walls
16.12 Soils and Foundations
16.16 Electrical Code Adopted
16.20 Plumbing Code Adopted
16.24 Mechanical Code Adopted
16.28 Fences
16.32 Swimming Pools
16.36 Moving Buildings
16.40 Fire Code
16.42 Regulation of Facilities Where Materials Which Are or May Become
Toxic Gases Are Found
16.52 Prevention of Flood Damage
16.54 Energy Code Adopted
16.56 Uniform Housing Code Adopted
16.58 Green Building Standards Code Adopted
16.60 Building Conservation Code Adopted
16.70 Uniform Code for the Abatement of Dangerous Buildings Code Adopted
16.72 Recycling and Diversion of Construction and Demolition Waste
16.74 Wildland Urban Interface Fire Area
16.80 Safety Assessment Placards
2010 S -27 1
16.04.010
CHAPTER 16.04: BUILDING CODE ADOPTED*
Section
16.04.010 Code adoption. 16.04.015 Adoption of Appendix Chapters.
16.04.015 Adoption of appendix chapters. The following Appendix Chapters from the 2010
16.04.020 Organization and enforcement. California Building Code are hereby adopted.
16.04.030 Permits and inspections. Appendix C: Group U - Agricultural Buildings;
16.04.050 Address posting. Appendix F: Rodentproofmg;
16.04.060 Spark arrestors. Appendix G: Flood - Resistant Construction;
16.04.070 Exterior wildfire exposure. Appendix I: Patio Covers;
16.04.080 Roof covering classification. California Code Part 8: 2010 California Historical
16.04.110 Amending Sections 1614, 1614.1, and Building Code;
1614.3. California Code Part 10: 2010 California Existing
16.04.130 Other inspection fees —Table 1 -A. Building Code (Ord. 2072, (part), 2010)
16.04.160 Penalty.
16.04.340 Conventional construction provisions 16.04.020 Organization and Enforcement.
(Bracing) - Amendment. Section 112 of the 2007 California Building Code is
16.04.350 Stability coefficient equation. amended to read as follows:
16.04.360 Concrete isolated footings.
16.04.370 Revise Section 1908.1.8 ACI 318 -08 Section 112 - Board of Appeals: In order to
Section 22.10.1 determine the suitability of alternate materials and methods
of construction and to provide for reasonable interpretations
* For statutory provisions regarding the authority of the provisions of this code, there shall be and is hereby
of cities to regulate the building, construction and created a Board of Appeals consisting of five members who
removal of buildings within the city, see Gov. are qualified by experience and training to pass upon matters
Code § 38601; for other provisions concerning pertaining to building construction installations and
the authority of cities in regulating buildings and materials. The Building Official shall be an ex officio
construction, see Gov. Code § 38660; for the member and shall act as Secretary of the Board. The Board
provisions of the State Housing Act, see Health of Appeals shall be appointed by the Mayor, subject to the
and Safety Code § 17910 et seq. approval of the City Council, and shall hold office at his
pleasure. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall render
16.04.010 Code Adoption. all decisions and findings in writing to the Building Official,
A. The provisions of the 2010 California Building with a duplicate copy to the appellant, and may recommend
Code, Volumes 1 and 2 inclusive, and Appendices which to the City Council such new legislation as is consistent
follow and each and all of the regulations, provisions, therewith. The same personnel of the Board of Appeals
conditions and terms of the code is referred to as if fully set appointed under this code may act as the Board of Appeals
forth in this chapter, and is by such reference adopted. under the other building construction uniform codes. In the
B. One (1) copy of each volume of the code event, as Appeals Board is not appointed by the legislative
therefore is on file in the office of the Building Official body, the Council shall serve as said Appeals Board.
pursuant to Health and Safety Code Section 18942 (d) (1) (Ord. 2021, (part), 2007; Ord. 1706, Exh. A (part), 1995)
and are made available for public inspection. (Ord. 2072,
(part), 2010; Ord. 2021, (part), 2007; Ord. 1907, (part), 16.04.030 Permits and Inspections.
2002; Ord. 1824, (part), 1999; Ord. 1706, Exh. A (part), Section 109.3.8 of the 2007 California Building Code
1995) is amended to read as follows:
2010 S -27 3
16.04.040 Cupertino - Buildings and Construction 4
Section 109.3.8 - Other Inspections: In addition 16.04.080 Roof Covering Classification.
to the called inspections specified above, the Building Section 1505.1.3 of the 2010 California Building Code
Official may make or require any other inspections of any is amended to read:
construction work to ascertain compliance with the
provisions of this code and other laws which are enforced by 1505.1.3 Roof coverings in all other areas. The entire
the Building Department. For the purpose of determining roof covering of every existing structure where more than
compliance, the Building Official may cause any structure 50 percent of the total roof area is replaced within any
to be reinspected. If any inspection is made at the request one -year period, the entire roof covering of every new
of any individual, property owner or lending institution, a structure, and any roof covering applied in the alteration,
fee equal to the cost of making such inspection shall be repair or replacement of the roof of every existing structure,
charged as set forth in the latest resolution adopted by the shall be a fire - retardant roof covering that is at least Class
city. (Ord. 2021, (part), 2007; Ord. 1706, Exh. A (part), A.
1995)
Section 1505.1.4.1 of the 2010 California Building
16.04.050 Address Posting. Code is amended to read:
No Certificate of Occupancy or final building approval
for new construction or alterations shall be granted until the 1505.1.4 Roofing requirements in a Wildland -Urban
building or residence has a street address number posted on Interface Fire Area. The entire roof covering of every
the building in a visible location. The size of the numbers existing structure where more than 50 percent of the total
shall be a minimum of five inches high for commercial or roof area is replaced within any one -year period, the entire
industrial buildings. Residences designated R3 shall have roof covering of every new structure, and any roof covering
number sizes of three inches minimum. R1 and Planned applied in the alteration, repair or replacement of the roof of
Developments shall submit a numbering schedule for every existing structure, shall be a fire- retardant roof
approval by the Building Department and the Fire covering that is at least Class A.
Department. All commercial buildings having a single
address assigned with multi -suite arrangements shall have Roofing requirement for structures located in a
the suite - numbering system approved or assigned by the Wildland -Urban Interface Fire Area shall also comply with
Building Department with an approved copy to the Fire Section 705A. (Ord. 2072, (part), 2010; Ord. 2021, (part),
Department for emergency use. (Ord. 2056, (part), 2010; 2007; Ord. 1742, (part), 1996)
Ord. 1706, Exh. A (part), 1995)
16.04.110 Amending Sections 1614, 1614.1, and
16.04.060 Spark Arrestors. 1614.3.
In new construction or when alterations, repairs or
additions requiring a permit and having a valuation in excess Section 1614, 1614.1 and 1614.1.3 are added to
of one thousand dollars occur, all new and existing fireplace Chapter 16 of the 2007 California Building Code to read as
chimneys shall terminate in a substantially constructed spark follows:
arrestor complying with the requirements of the 2010
California Residential Code Section R1003.9.1. (Ord. 2072, SECTION 1614
(part), 2010; Ord. 1706, Exh. A (part), 1995) MODIFICATION TO ASCE 7.
16.04.070 Exterior Wildfire Exposure. 1614.1 General. The text of ASCE 7 shall be modified
Amend Section 707A.8 of the 2010 California Building as indicated in this Section.
Code as follows:
Delete "When required by the enforcing agency" 1614.1.3 ASCE 7, Section 12.8.1.1. Modify ASCE 7
Section 12.8.1.1 by amending
Delete Section 710A.3.2 of the 2010 California Equation 12.8 -5 as follows:
Building Code in its entirety.
Cs =0.044 SDS I z 0.01 (Eq. 12.8 -5)
Amend Section 710A.4 of the 2010 California Building
Code as follows:
Delete "When required by the enforcing agency "(Ord.
2072 (part), 2010)
2010 S -27
5 Building Code Adopted 16.04.110
REASONS FOR AMENDMENT/ INTERPRETATION/ to bar any legal, equitable or summary remedy to which the
CLARIFICATION: city or other political subdivision or any person, firm,
corporation or partnership may be otherwise entitled, and
Results from the 75 % Draft of ATC -63, Quantification the city or any other political subdivision or person, firm,
of Building System Performance and Response Parameters, corporation or partnership may file a suit in the Superior
indicate that tall buildings may fail at an unacceptably too Court of the County of Santa Clara to restrain or enjoin any
low of a seismic level unless the minimum base shear level attempted or proposed subdivision, or acts, in violation of
is increased to the value used in ASCE 7 -02. Thus it is this chapter. (Ord. 1886, (part), 2001; Ord. 1742, (part),
recommended that the adoption of the minimum base shear 1996; Ord. 1706, Exh. A (part), 1995)
is appropriate due to the recent research in PEER and the
ATC 63 project. The conclusion suggested that the reduction 16.04.340 Conventional Construction Provisions
of the base shear in the previous code led to a trend in which (Bracing)- Amendment.
tall buildings had decreasing safety with increasing height. Delete CBC Section 2308.9.3, Item 5 which allows the
To minimize the potential increased fire -life safety use of gypsum board.
associated with such a seismic failure of tall buildings, this
proposed modification increases the minimum base shear Amend CBC Section 2308.9.3, Item 7 as follows:
level to be consistent with previous edition of the building Portland cement plaster on studs spaced 16 inches on center
codes. The propose amendment to the current ASCE 7 is installed in accordance with Section 2510 is limited to
very well supported by the engineering community. Both one -story structures of R -3 and U occupancies.
SEAOSC and other structural engineer organizations from (Ord. 2072, (part), 2010; Ord. 2021, (part), 2007; Ord.
the state level are in support of adopting the revised 1907, Exh. A, 2002)
minimum base shear.
16.04.350 Stability Coefficient Equation.
FINDINGS:
Local Geological Conditions - The Bay Area region is Add Section 1613.8 to 2010 CBC Section 1613 and
a densely populated area having buildings constructed over ASCE 7 -05 Section 12.8.7 to read as follows:
and near a vast array of fault systems capable of producing
major earthquakes, including but not limited to the recent 1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7,
1989 Loma Prieta Earthquake. Due to the large numbers of Section 12.8.7 by amending Equation 12.8 -16 as follows:
tall buildings in this region as well as the increased fire -life
safety associated with such a seismic failure, the proposed
modification to have a higher minimum base shear consistent p A j
with previous edition of the building codes need to be
0 = x (12.8 -16)
incorporated into the code to assure that new buildings and Vi. h C d
additions to existing buildings are designed and constructed
in accordance with the scope and objectives of the (Ord. 2072, (part), 2010)
International Building Code.
(Ord. 2021, (part), 2007) 16.04.360 Concrete Isolated Footings.
Amend Section 1704.4 Exception #1 of the 2010 CBC
16.04.130 Other Inspection Fees -Table 1 -A. to read as follows:
A fee shall be paid to the city as set forth in the latest
resolution adopted by the city. (Ord. 1742, (part), 1996; 1704.4 Concrete Construction. The special
Ord. 1706, Exh. A (part), 1995) inspections and verifications for concrete construction shall
be as required by this section and TABLE 1704.4.
16.04.160 Penalty.
Any person, firm, corporation, partnership or Exception: Special inspections shall not be required
copartnership who willfully violates any of the provisions, for:
or fails to comply with any of the mandatory requirements 1. Isolated spread concrete footings of buildings
of this chapter, is guilty of a misdemeanor and, upon three stories or less above grade plane that are fully
conviction thereof, shall be punished as provided in Chapter supported on earth or rock, where the structural design of
1.12, except that nothing herein contained shall be deemed
2010 S -27
16.04.360 Cupertino - Buildings and Construction 6
the footing is based on a specified compressive strength, f'c,
no greater than 2,500 pound per square inch (psi) (17.2
Mpa). (Ord. 2072, (part), 2010)
16.04.370 Revise Section 1908.1.8 ACI 318 -08
Section 22.10.1.
Amend entire section 1908.1.8 ACI 318 section 22.10
and replace with the following:
22.10 - Plain concrete in structures assigned to seismic
design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design
Category C, D, E or F shall not have elements of structural
plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting
pedestals or columns are permitted, provided the projection
of the footing beyond the face of the supported member does
not exceed the footing thickness.
Exception: In detached one and two - family dwelling
three stories or less in height, the projection of the footing
beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are
permitted, provided the footings have at least two continuous
longitudinal reinforcing bars. Bars shall not be smaller than
No. 4 and shall have a total area of not less than 0.002 times
the gross cross - sectional area of the footing. A minimum of
one bar shall be provided at the top and bottom of the
footing. Continuity of reinforcement shall be provided at
corners and intersections.
Exception: In detached one and two - family dwellings
three stores or less in height and constructed with stud
bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than
No. 4 are permitted to have a total area of less than 0.002
times the gross cross - sectional area of the footing.
(Ord. 2072, (part), 2010)
2010 S -27
16.06.010
CHAPTER 16.06: RESIDENTIAL CODE ADOPTED
Section
16.06.010 Code adoption. Exception: One or more additions made to a building
16.06.015 Adoption of appendix chapters. after January 1, 2011 that do not total more than 1000
16.06.050 Automatic fire sprinlder systems. square feet of building area.
16.06.060 Materials and construction methods
for exterior wildfire exposure. Amend Section R313.2 to read:
16.06.070 Footings.
16.06.080 Roof covering classification. R313.2 One- and two -family dwellings automatic fire
16.06.090 Seismic reinforcing. sprinkler systems. An automatic residential fire sprinkler
16.06.100 Intermittent brace wall panel system shall be installed in one- and two - family dwellings as
construction methods. follows:
1. In all new one- and two - family dwellings and in
16.06.010 Code Adoption. existing one- and two - family dwellings when additions are
A. The provisions of the 2010 California Residential made that increase the building area to more than 3,600
Code and specified Appendices and each and all of the square feet.
regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, and is by such Exception: One or more additions made to a building
reference adopted. after January 1, 2011 that do not total more than 1000
B. One (1) copy of the code therefore is on file in square feet of building area.
the office of the Building Official pursuant to Health and
Safety Code Section 18942 (d) (1) and are made available 2. In all new basements and in existing basements
for public inspection. (Ord. 2072 (part), 2010) that are expanded.
16.06.015 Adoption of Appendix Chapters. Exception: Existing basements that are expanded by
The following Appendix Chapters from the 2010 not more than 50 %. (Ord. 2072 (part), 2010)
California Residential Code are hereby adopted:
Appendix A: Sizing and Capacities of Gas Piping; 16.06.060 Materials and Construction Methods for
Appendix C: Exit Terminals of Mechanical Draft and Exterior Wildfire Exposure.
Direct -Vent Venting Systems; Amend Section R327.7.9 of as follows:
Appendix G: Swimming Pools, Spas and Hot Tubs;
Appendix H: Patio Covers; Delete "When required by the enforcing agency"
Appendix J: Existing Building and Structures;
Appendix K: Sound Transmission. (Ord. 2072 (part), Delete Section R327.10.3.2 in its entirety:
2010)
Amend Section R327.10.4 of as follows:
16.06.050 Automatic Fire Sprinkler Systems.
Amend Section R313.1 to read: Delete "When required by the enforcing agency" (Ord.
2072 (part), 2010)
R313.1 Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be 16.06.070 Footings.
installed in all new townhouses and in existing townhouses Amend Section R403.1 to read:
when additions are made that increase the building area to
more than 3,600 square feet. R403.1 General. All exterior walls shall be supported
on continuous solid or fully grouted masonry or concrete
2010 S -27 7
16.06.070 Cupertino - Buildings and Construction 8
footings, or other approved structural systems which shall shall be at least 2 inches (51 mm) and shall not exceed the
be of sufficient design to accommodate all loads according thickness of the footing. The size of footings supporting
to Section R301 and to transmit the resulting loads to the piers and columns shall be based on the tributary load and
soil within the limitations as determined from the character allowable soil pressure in accordance with Table R401.4.1.
of the soil. Footings shall be supported on undisturbed
natural soils or engineered fill. Concrete footings shall be Delete Figure R403.1(2) and Figure R403.1(3).
designed and constructed in accordance with the provisions
of Section R403 or in accordance with ACEI 332. Delete Section R403.2 in its entirety. (Ord. 2072
(part), 2010)
LOAD - BEARING VALUE OF SOIL (psf) 16.06.080 Roof Covering Classification.
1,500 2,000 3,000 24,000
Amend Section R902.1.3 to read:
Conventional light -frame construction
R902.1.3 Roof coverings in all other areas. The
1 -story 12 12 12 12 entire roof covering of every existing structure where more
2-story 15 12 12 12 than 50 percent of the total roof area is replaced within any
one -year period, the entire roof covering of every new
3 -story 23 17 12 12 structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure,
4 -inch brick veneer over light frame or 8 -inch hollow shall be a fire- retardant roof covering that is at least Class
concrete masonry A.
1 -story 12 12 12 12 Amend Section R902.1.4 to read:
2-story 21 16 12 12 R902.1.4 Roofing coverings within the
3 -story 32 24 16 12 Wildland -Urban Interface Fire Area. The entire roof
covering of every existing structure where more than 50
8 -inch solid or fully grouted masonry percent of the total roof area is replaced within any one -year
period, the entire roof covering of every new structure, and
1 -story 16 12 12 12 any roof covering applied in the alteration, repair or
2 -story 29 21 14 12 replacement of the roof of every existing structure, shall be
a fire- retardant roof covering that is at least Class A.
3 -story 42 32 21 16
Roofing requirement for structures located in a
For SI: 1 inch = 25.4 mm, 1 pound per square foot = Wildland -Urban Interface Fire Area shall also comply with
0.0479 kPa. Section R327.5. (Ord. 2072 (part), 2010)
a. Where minimum footing width is 12 inches, use 16.06.090 Seismic Reinforcing.
of a single wythe of solid or fully grouted 12 -inch nominal A. Amend Section R403.1.3 by adding wording to
concrete masonry units is permitted, the first sentence of the first paragraph to specify the
minimum amount of longitudinal reinforcing, and by
Amend Section R403.1.1 to read: deleting the portion of the Exception to this section that
allows the use of plain concrete footings without longitudinal
R403.1.1 Minimum size. Minimum sizes for reinforcement, to read:
concrete and masonry footings shall be as set forth in Table R403.1.3 Seismic reinforcing. Concrete footings
R403.1 and Figure 403.1(1). The footing width, W, shall
be based on the load - bearing value of the soil in accordance located in Seismic Design Categories DO, D1 and D2, as
with Table R401.4.1. Spread footings shall be at least 6 established in Table R301.2(1), shall have minimum
inches (152 mm) in thickness, T. Footing projection, P, reinforcement of at least two continuous longitudinal
reinforcing bars not smaller than No. 4 bars. Bottom
reinforcement shall be located a minimum of 3 inches (76
mm) clear from the bottom of the footing.
2010 S -27
9 Residential Code Adopted 16.06.090
B. In Seismic Design Categories DO, D1 and D2;
where a construction joint is created between a concrete
footing and a stem wall, a minimum of one No. 4 bar shall .
be installed at not more than 4 feet (1219 mm) on center.
The vertical bar shall extend to 3 inches (76 mm) clear of
the bottom of the footing, have a standard hook and extenc .
a minimum of 14 inches (357 mm) into the stem wall.
C. In Seismic Design Categories DO, D1 and D2,
where a grouted masonry stem wall is supported on a.
concrete footing and stem wall, a minimum of one No. 4 bar
shall be installed at not more than 4 feet (1219 mm) or
center. The vertical bar shall extend to 3 inches (76 mm)
clear of the bottom of the footing and have a standard hook.
D. In Seismic Design Categories DO, D1 and D2 .
masonry stem walls without solid grout and vertical
reinforcing are not permitted.
E. Exception: In detached one- and two - family
dwellings which are three stories or less in height and
constructed with stud bearing walls, isolated plain concrete
footings supporting columns or pedestals are permitted.
(Ord. 2072 (part), 2010)
16.06.100 Intermittent Brace Wall Panel
Construction Methods.
Amend CRC Table R602.10.1.2(2), to add a new
footnote "d" to the end of CRC Table R602.10.1.2(2), to
read:
d. In Seismic Design Categories DO, D1, and D2,
Method GB is not permitted and the use of Method PCP is
limited to one -story single family dwellings and accessory
structures.
Add the "d" footnote notation in the title of Table
R602.10.1.2(2) after the three footnotes currently shown, to
read:
TABLE R602.10.1.2(2)a,b,c,d
Add a new subsection R602.10.2.1.1, to read:
R602.10.2.1.1 Limits on methods GB and PCP. In
Seismic Design Categories DO, D1, and D2, Method GB is
not permitted for use as intermittent braced wall panels, but
gypsum board is permitted to be installed when required by
this Section to be placed on the opposite side of the studs
from other types of braced wall panel sheathing. In
Seismic Design Categories DO, D1, and D2, the use of
Method PCP is limited to one -story single family dwellings
and accessory structures. (Ord. 2072 (part), 2010)
[Text continues on page 15]
2010 S -27
16.12.010
CHAPTER 16.12: SOILS AND FOUNDATIONS*
Section
16.12.010 Code adoption. waived pursuant to the provisions of this chapter or, the
16.12.020 Required. corrective action, if any, has been assured. (Ord. 2072,
16.12.030 Report requirements. (part), 2010; Ord. 1777, (part), 1998; Ord. 1200, § 1, 1982;
16.12.040 Preparation. Ord. 1134, § 2, 1981: Ord. 409 § 2, 1968)
16.12.050 Approval of report.
16.12.060 Conditions for building permit. 16.12.030 Report Requirements.
16.12.070 Appeals. The report shall be comprehensive and shall include an
analysis of:
* For statutory provisions requiring cities to enact A. Stability of all slopes, within the lot (subdivision)
an ordinance which makes necessary a or slopes above, below or adjacent to the area under
preliminary soil report of every subdivision, investigation;
see Health and Safety Code §§ 17953 -- 17957. B. The classification of all soils for expansion
potential;
C. The classification of the soils according to the
16.12.010 Code Adoption. Unified Soils Classification System;
The ordinance codified in this chapter is enacted D. The establishment of design bearing values and
pursuant to the provisions of Section 17953 through 17957 anticipated maximum settlements;
of the Health and Safety Code of the state, relating to E. Soil profiles including relevant data to depths
housing, and reaffirms the requirements of an approved soils which reflect the nature and magnitude of the future loading;
report as a condition to the issuance of a building permit. F. The presence of rocks or liquids containing
(Ord. 2072, (part), 2010; Ord. 1777, (part), 1998; Ord. deleterious chemicals, which, if not corrected, could cause
1134, § 1, 1981; Ord. 409, 1968) construction materials such as concrete, steel, and ductile or
cast iron to corrode or deteriorate. (Ord. 1610, § 1, 1992;
16.12.020 Required. Ord. 1134, § 3, 1981; Ord. 409, § 3, 1968)
A. A soils report, as described in Section 17953 of
the California Health and Safety Code, shall be required of 16.12.040 Preparation.
every subdivision as defined in the Subdivision Map Act of The soils report shall be prepared by a civil engineer
the State of California (commencing at Section 66401 of the who is registered by the state and shall be based upon
California Government Code) and shall also be required as adequate test borings, excavations, or in the case of the
a condition precedent to the issuance of any building permit letter of review, field observations. (Ord. 1777, (part),
for any structure to be built on any lot or subdivision. 1998; Ord. 1134, § 4, 1981; Ord. 409, § 4, 1968)
B. Said soils report may be waived by the Building
Official or if the Public Works Director determines that due 16.12.050 Approval of Report.
to the knowledge such department has as to the soil qualities The preliminary soil report shall be filed with and
of the soil of the subdivision or lot, no analysis is necessary. approved by the City Engineer. (Ord. 1134, § 5, 1981;
C. No building permit shall be issued for the Ord. 409, § 5, 1968)
construction of any building or structure on any lot or
subdivision subject to this chapter unless or until an 16.12.060 Conditions for Building Permit.
approved preliminary soil report has been filed first with the No building permit shall be issued for the construction
Building Official and City Engineer; or said report has been of any structure on any lot or subdivision subject to this
chapter unless or until an approved preliminary soil report
2010 S -27 29
16.12.060 Cupertino - Buildings and Construction 30
has been filed first with the City Engineer; or said report has
been waived pursuant to the provisions of this chapter or,
the corrective action, if any, has been assured. (Ord. 1134,
§ 6, 1981; Ord. 409, § 6, 1968)
16.12.070 Appeals.
Appeals from determination made under this chapter
may be made to the City Council by the filing of a written
request with the City Clerk within five days of such
determination having communicated to the applicant for the
building permit. (Ord. 1134, § 7, 1981; Ord. 409, § 7,
1968)
16.16.010
CHAPTER 16.16: ELECTRICAL CODE ADOPTED*
Section
16.16.010 Code adoption. valid electrical contractor's license issued by the State of
16.16.015 Adoption of appendix chapters. California.
16.16.020 Article 100 amended- Definitions. B. Journeyman Electrician: A journeyman
16.16.025 Electrical work. electrician is an electrician qualified by training and
16.16.030 Electrical fee schedule. experience to do electrical work in conjunction with new
16.16.040 Interpretation. construction and /or rework of existing systems.
16.16.050 Electrical maintenance program. C. Maintenance Electrician: A maintenance
16.16.070 Penalty. electrician in an electrician qualified by training and
experience to do the recurring work required to keep a
* " For statutory provisions authorizing cities to facility in such condition that it may be utilized at its
regulate the materials used in wiring structures designated capacity and efficiency, to do repair work or
for electricity and in piping them for electric replacement or overhaul of constituent parts or materials to
supply, and to regulate the manner of such keep or restore a facility to a condition substantially
piping, see Gov. Code § 38660. equivalent to its original or design capacity or efficiency.
(Ord. 1777, (part), 1998; Ord. 1707, Exh. A (part), 1995)
16.16.010 Code Adoption. 16.16.025 Electrical Work.
A. The provisions of the 2010 California Electrical Electrical work shall be, done only by:
Code and each and all of the regulations, provisions, a. Owner /occupant;
conditions and terms of the code is referred to as if fully set b. Electrical contractors who are in compliance with
forth in this chapter, and is by such reference adopted. the state licensing laws and whose employees are under the
B. One (1) copy of the code therefore is on file in direct supervision of a qualified journeyman electrician;
the office of the Building Official pursuant to Health and c. General Building Contractor with current B -1
Safety Code Section 18942 (d) (1) and are made available license in conjunction with building permit only;
for public inspection. (Ord. 2072, (part), 2010; Ord. 2016, d. Maintenance electrician. (Ord. 1777, (part),
(part), 2007; Ord. 1910, (part), 2002; Ord. 1825, 1999; 1998)
Ord. 1707, Exh. A (part), 1995)
16.16.030 Electrical Fee Schedule.
16.16.015 Adoption of Appendix Chapters. Electrical fees shall be paid to the city as set forth in
No Appendix Chapters from the 2010 California the latest resolution adopted by the city. (Ord. 1707, Exh.
Electrical Code have been adopted. (Ord. 2072, (part), A (part), 1995)
2010)
16.16.040 Interpretation.
16.16.020 Article 100 Amended - Definitions. A. The language used in this code, and the California
Article 100 as amended by adding thereto the Electrical Code, which is made a part of this code by
following: reference, is intended to convey the common and accepted
meaning familiar to the electrical industry.
A. Electrical Contractors: For the purpose of B. The Building Official or his assistants is
this article, an Electrical Contractor shall be a person authorized to determine the intent and meaning of any
holding a provisions of this code. Such determination shall be made
in writing and a record kept, which record shall be open to
the public. (Ord. 1707, Exh. A (part), 1995)
2010 S -27 31
16.16.050 Cupertino - Buildings and Construction 32
16.16.050 Electrical Maintenance Program.
Any person regularly employing one or more full -time
qualified electricians for the purpose of installation,
alteration, maintenance or repair on any property which
such person owns or occupies, may designate a qualified
electrician as a maintenance electrician. Upon being
approved by the Chief Building Official, the maintenance
electrician shall make monthly or quarterly reports to the
city covering all installations, additions, or alterations. All
such work shall be installed and done in accordance with the
provisions of the Electrical Code, and shall be subject to the
payment of fees, and to inspection by the electrical inspector
to the same extent as similar work performed by other
persons and for which such inspection is provided. (Ord.
1707, Exh. A (part), 1995)
16.16.070 Penalty.
Any person, firm, corporation, partnership or co-
partnership who willfully violates any of the provisions, or
fails to comply with any of the mandatory requirements of
this chapter, is guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in Chapter
1.12 except that nothing herein contained shall be deemed to
bar any legal, equitable, or summary remedy to which the
city or other political subdivision or any person, firm,
corporation or partnership may otherwise be entitled, and
the city or any other political subdivision or any person,
firm, corporation or partnership may file a suit in the
Superior Court of the County of Santa Clara to restrain or
enjoin any attempted or proposed subdivision, or acts, in
violation of this chapter. (Ord. 1886, (part), 2001; Ord.
1777, (part), 1998; Ord. 1707, Exh. A (part), 1995)
[Text continues on Page 35]
2010 S -27
16.20.010
CHAPTER 16.20: PLUMBING CODE ADOPTED*
Section
16.20.010 Code adoption. 16.20.020 Name Insertion.
16.20.015 Adoption of appendix chapters. The names "Cupertino" and "California" shall be
16.20.020 Name insertion. inserted in the appropriate places provided therefor in each
16.20.030 Amendments. and every section of said Uniform Plumbing Code, 2007
16.20.080 Condensate disposals. Edition, wherein either the name of the city or state is left
16.20.100 Penalty. blank. (Ord. 2017, (part), 2007; Ord. 1909, (part), 2002;
16.20.110 Schedule of fees. Ord. 1826, (part), 1999; Ord. 1708, Exh. A (part), 1995)
16.20.120 Board of Appeals.
16.20.030 Amendments.
* For statutory provisions regarding the authority UPC Section 604 is hereby modified to read as
of cities to regulate the construction and follows:
location of drains and sewers, and of systems (Geological II)
for piping water or gas, see Gov. Code Section 604.0 Materials
§ 38660. 604.1 Water distribution pipe, building supply water
pipe and fittings shall be of brass, copper, cast iron,
galvanized malleable iron, galvanized wrought iron,
16.20.010 Code Adoption. galvanized steel, or other approved materials.
A. The provisions of the 2010 California Plumbing Asbestos - cement, CPVC, PE, PVC, or PEX water pipe
Code and each and all of the regulations, provisions, manufactured to recognized standards may be used for cold
conditions and terms of the code is referred to as if fully set water distribution systems outside a building. CPVC, PEX
forth in this chapter, and is by such reference adopted. water pipe, tubing, and fittings, manufactured to recognized
B. One (1) copy of the code therefore is on file in standards may be used for hot and cold water distribution
the office of the Building Official pursuant to Health and systems within a building. All materials used in the water
Safety Code Section 18942 (d) (1) and are made available supply system, except valves and similar devices shall be of
for public inspection. (Ord. 2072, (part), 2010; Ord. 2017, a like material, except where otherwise approved by the
(part), 2007; Ord. 1909, (part), 2002; Ord. 1826, (part), Administrative Authority.
1999; Ord. 1708, Exh. A (part), 1995)
PEX Section 604.11 is hereby amended to read as
16.20.015 Adoption of Appendix Chapters. follows:
The following Appendix Chapters from the 2010
California Plumbing Code are hereby adopted: 604.11 PEX. Cross - linked polyethylene (PEX) tubing
shall be marked with the appropriate standard designation(s)
Appendix A: Rules for Sizing the Water Supply listed in Table 14 -1 for which the tubing has been listed or
System; approved. PEX tubing shall be installed in compliance with
Appendix B: Explanatory Notes on Combination the provisions of this section.
Waste and Vent Systems;
Appendix D: Sizing Storm Water Drainage Systems; PEX Section 604.11.1 is hereby amended to read as
Appendix G: Graywater Systems; follows:
Appendix I: Installation Standards;
Appendix K: Private Sewage Disposal Systems; 604.11.1 PEX Fittings. Metal Insert Fittings and
Appendix L: Alternate Plumbing Systems. (Ord. Metal Compression Fittings used with PEX tubing shall be
2072, (part), 2010) manufactured to and marked in accordance with the
standards for the fittings in Table 14 -1.
2010 S -27 35
16.20.070 Cupertino - Buildings and Construction 36
UPC Section 604.11.2 is hereby amended to read as Findings
follows: The waste water treatment facilities serving many
silicon valley cities are operating at or near maximum
604.11.2 Water Heater Connections. PEX tubing capacity. The discharge of treated waste water into San
shall not be installed within the first eighteen (18) inches Francisco Bay is detrimental to its sensitive ecosystem.
(457 mm) of piping connected to a water heater. Cooling coil and comfort cooling equipment
(Ord. 2017, (part), 2007; Ord. 1909, Exh. A, 2002) condensate waste discharge does not contain pollutants
which require treatment before being discharged into
16.20.080 Condensate Disposals. sanitary sewers or the ground. (Ord. 2017, (part), 2007;
2007 UPC Section 807.2 is amended by replacing it Ord. 1777, (part), 1998; Ord. 1708, Exh. A (part), 1995)
with the following:
Condensate from air - cooling coils and comfort cooling 16.20.100 Penalty.
equipment not intended to be used for the storage or holding Except where otherwise specified, any person who
of food or drinks shall be collected and discharged to an violates any of the provisions of this chapter shall be guilty
approved point of disposal acceptable to the Administrative of a misdemeanor and, upon conviction thereof, shall be
Authority. punished as provided in Chapter 1.12. (Ord. 1886, (part),
Termination of such drains shall be made by an air 2001; Ord. 1777, (part), 1998)
break. Condensate drain lines in sizes 1 1/4" and larger
shall be assembled using approved drainage pipe and 16.20.110 Schedule of Fees.
fittings. Condensate waste water shall not drain over or upon Fees shall be paid to the city as set forth in the latest
a public way, sidewalk, pedestrian ramp or the like. The resolution adopted by the city. (Ord. 1777, (part), 1998)
waste pipe shall have a slope of not less than 1/8 inch per
foot and shall be of approved corrosion - resistant material not 16.20.120 Board of Appeals.
smaller than the outlet size as required below for air - cooling In order to determine the suitability of alternate
coils or condensing fuel- burning appliances, respectfully. materials and methods of construction and to provide for
Condensate wastes pipes from air - cooling coils shall be reasonable interpretations of the provisions of this code,
sized in accordance with equipment capacity as follows: there shall be and is hereby created a Board of Appeals,
consisting of five members who are qualified by experience
EQUIPMENT CAPACITY CONDENSATE and training to pass upon matters pertaining to building
PIPE DIAMETER construction installation and materials. The Building
Official shall be an ex- officio member and shall act as
Up to 20 tons of refrigeration 3/4 inch Secretary of the Board. The Board of Appeals shall be
appointed by the Mayor, subject to the approval of the City
21 to 40 tons of refrigeration 1 inch Council, and shall hold office at his pleasure. The Board
shall adopt reasonable rules and regulations for conducting
41 to 90 tons of refrigeration 1 -1/4 inch its investigations and shall render all decisions and findings
91 to 125 tons of refrigeration 1-1/2 inch in writing to the Building Official with a duplicate copy to
the appellant, and may recommend to the city Council such
126 to 250 tons of 2 inch new legislation as is consistent therewith. The same
refrigeration personnel of the Board of Appeals appointed under this code
may act as the Board of Appeals under the other building
The size of condensate waste pipes may be for construction uniform codes. In the event an Appeals Board
one unit or a combination of units, or as recommended by is not appointed by the legislative body, the Council shall
the manufacturer. The capacity of waste pipes assumes a 1/8 serve as said Appeals Board. (Ord. 1777, (part), 1998)
inch - per -foot slope, with the pipe running three- quarters
full.
Condensate drain sizing for other slopes or other
conditions shall be approved by the Administration
Authority.
2010 S -27
16.24.010
CHAPTER 16.24: MECHANICAL CODE ADOPTED
Section
16.24.010 Code adoption. to an approved point of disposal acceptable to the
16.24.015 Adoption of appendix chapters. Administrative Authority.
16.24.020 Name insertion. Termination of such drains shall be made by an
16.24.030 Condensate wastes. air break. Condensate drain lines in sizes 1- 1/4" and larger
16.24.060 Board of appeals. shall be assembled using approved drainage pipe and
16.24.070 Table No. 1- A- Mechanical permits fittings. Condensate waste water shall not drain over or
fees amended. upon a public way, sidewalk, pedestrian ramp or the like.
16.24.080 Violation - Penalty. Findings
The waste water treatment facilities serving many
Silicon Valley cities are operating at or near maximum
16.24.010 Code Adoption. capacity. The discharge of treated waste water into San
A. The provisions of the 2010 California Mechanical Francisco Bay is detrimental to its sensitive ecosystems.
Code and each and all of the regulations, provisions,
conditions and terms of the code is referred to as if fully set Cooling coil and comfort cooling equipment
forth in this chapter, and is by such reference adopted. condensate waste discharge does not contain pollutants
B. One (1) copy of the code therefore is on file in which require treatment before being discharged into
the office of the Building Official pursuant to Health and sanitary sewers or the ground. (Ord. 2018, (part), 2007;
Safety Code Section 18942 (d) (1) and are made available Ord. 1908, (part), 2002; Ord. 1827, (part), 1999; Ord.
for public inspection. (Ord. 2072, (part), 2010; Ord. 2018, 1777, (part), 1998; Ord. 1709, Exh. A (part), 1995)
(part), 2007; Ord. 1908, (part), 2002; Ord. 1827, (part),
1999; Ord. 1709, Exh. A (part), 1995) 16.24.060 Board of Appeals.
In order to determine the suitability of alternate
16.24.015 Adoption of Appendix Chapters. materials and methods of construction and to provide for
No Appendix Chapters from the 2010 California reasonable interpretations of the provisions of this code,
Mechanical Code have been adopted. (Ord. 2072, (part), there shall be and is hereby created a Board of Appeals,
2010) consisting of five members who are qualified by experience
and training to pass upon matters pertaining to building
16.24.020 Name Insertion. construction, mechanical design and maintenance and the
The names "Cupertino" and /or "California" shall be public health aspects of mechanical systems. The Building
inserted in the appropriate places provided therefor in each Official shall be an ex- officio member appointed by the
and every section of such California Mechanical Code Mayor, subject to the approval of the City Council, and
wherein the name of the city or state is left blank. (Ord. shall hold office at his pleasure. The Board shall adopt
2018, (part), 2007; Ord. 1777, (part), 1998; Ord. 1709, reasonable rules and regulations for conducting its
Exh. A (part), 1995) investigations and shall render all decisions and findings in
writing to the Building Official, with a duplicate copy to the
16.24.030 Condensate Wastes. applicant, and may recommend to the City Council such new
2007 CMC Section 310.1 is amended by replacing it legislation as is consistent therewith. The same personnel of
with the following: the Board of Appeals under the other building construction
Condensate from air cooling coils and comfort uniform codes. In the event an Appeals Board is not
cooling equipment not intended to be used for the storage or appointed by the legislative body, the Council shall serve as
holding of food or drinks shall be collected and discharged such Appeals Board. (Ord. 1777, (part), 1998; Ord. 1709,
Exh. A (part), 1995)
2010 S -27 37
16.24.070 Cupertino - Buildings and Construction 38
16.24.070 Table No. 1- A- Mechanical Permits Fees
Amended.
Fees shall be paid the city as set forth in the latest
resolution adopted by the city. (Ord. 1709, Exh. A (part),
1995)
16.24.080 Violation - Penalty.
Any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in Chapter
1.12 of this code. (Ord. 1777, (part), 1998; Ord. 1709,
Exh. A (part), 1995)
2010 S -27
16.40.010
CHAPTER 16.40: FIRE CODE
Section
16.40.010 Code adoption. 16.40.240 Semiconductor fabrication facilities.
16.40.015 Adoption of appendix chapters. 16.40.250 Definitions.
16.40.020 Administration. 16.40.260 Storage of wood chips and hogged
16.40.030 Establishment of limits of districts in material associated with timber and
which storage of stationary tanks of lumber production facilities.
flammable cryogenic liquids are to 16.40.270 Storage and processing of wood
be prohibited. chips, hogged materials, fines,
16.40.040 Establishment of limits of districts in compost and raw product associated
which storage of Class I and II with yard waste and recycling
liquids in outside aboveground tanks facilities.
is prohibited. 16.40.290 Hazardous materials.
16.40.050 Establishment of limits of districts in 16.40.300 General.
which storage of Class I and II 16.40.310 Definitions.
liquids in aboveground tanks is 16.40.320 General requirements.
prohibited. 16.40.330 Storage.
16.40.060 Establishment of limits in which 16.40.340 Use, dispensing and handling.
storage of liquefied petroleum gases 16.40.350 Corrosive materials.
is prohibited. 16.40.360 Definitions.
16.40.065 Permits. 16.40.370 Explosives and fireworks.
16.40.070 Definitions. 16.40.380 Flammable and combustible liquids.
16.40.080 General precautions against fire. 16.40.390 Storage.
16.40.090 Emergency planning and 16.40.400 Highly toxic and toxic materials.
preparedness. 16.40.410 General.
16.40.100 Use and occupancy - related 16.40.420 Definitions.
requirements. 16.40.430 Highly toxic, toxic and moderately
16.40.110 Fire service features. toxic gases including those used as
16.40.120 Fire apparatus access roads. refrigerants.
16.40.130 Access to buildings and roofs. 16.40.440 Use.
16.40.140 Hazards to firefighters.
16.40.150 Emergency responder radio Requirements for Wildland -Urban Interface Fire Areas
coverage.
16.40.160 Building service and features. 16.40.460 Definitions.
16.40.180 Electrical equipment, wiring and 16.40.475 Application.
hazards. 16.40.480 Defensible space.
16.40.190 Stationary storage battery systems. 16.40.485 Fire protection plan.
16.40.195 Decorative vegetation in new and 16.40.490 Access.
existing buildings. 16.40.500 Water supply.
16.40.200 Fire protection systems. 16.40.560 General requirements for
16.40.210 Automatic sprinkler systems. suppression and control.
16.40.220 Fire safety during construction and 16.40.650 Ignition source control.
demolition. 16.40.660 Outdoor fires.
16.40.225 Precautions against fire. 16.40.670 Liquified petroleum gas installations.
16.40.230 Means of egress.
2010 S -27 55
16.40.010 Cupertino - Buildings and Construction 56
16.40.680 Storage of firewood and combustible Wherever the words "Administrator" or "Executive"
materials. are used, they shall mean the City Manager of Cupertino.
16.40.690 Dumping. Wherever the words "District Attorney" or
16.40.700 Protection of pumps and water storage "Corporation Counsel" are used, they shall mean the City
facilities. Attorney of Cupertino.
Wherever the words "Board of Appeal" are used, they
16.40.010 Code Adoption. shall mean the City Council of Cupertino or the body
There is hereby adopted by the City of Cupertino for appointed by the Council to pass on matters pertaining to
the purpose of prescribing regulations governing conditions fire safety. (Ord. 2072, (part), 2010; Ord. 2020, (part),
hazardous to life and property from fire or explosion, that 2007)
certain code known as the 2010 California Fire Code and
also the 2009 International Fire Code, including Appendix 16.40.030 Establishment of limits of districts in
Chapters B, C and J and the whole thereof, save and except which the storage of stationary tanks of
such portions as are hereinafter deleted, modified or flammable cryogenic fluids are to be
amended by this ordinance, of which one copy has been prohibited.
filed for use and examination by the public in the office of The limits referred to in Section 3506.2 of the
the City Building Official and the City Fire Chief and the California Fire Code in which the storage of flammable
same adopted and incorporated as fully as if set out at length cryogenic fluids in stationary containers is prohibited are
herein, and from the date on which this ordinance shall take hereby established as all locations of the City of Cupertino
effect, the provision thereof shall be controlling within the which are residential and congested commercial areas as
limits of the City of Cupertino. (Ord. 2072, (part), 2010; determined by the fire code official. (Ord. 2072, (part),
Ord. 2020, (part), 2007) 2010; Ord. 2020, (part), 2007)
16.40.015 Adoption of Appendix Chapters. 16.40.040 Establishment of limits of districts in
The following Appendix Chapters from the 2010 which storage of Class I and II liquids in
California Fire Code are hereby adopted. outside aboveground tanks is prohibited.
Appendix B: Fire -Flow Requirement for Buildings. The limits referred to in Section 3404.2.9.6.1 of the
Appendix C: Fire Hydrant Locations and California Fire Code, in which the storage of flammable or
Distribution. combustible liquids in aboveground tanks is prohibited are
Appendix J: Emergency Responder Radio hereby established as all locations of the City of Cupertino
Coverage. (Ord. 2072, (part), 2010) that are residential or congested commercial areas as
determined by the fire code official. (Ord. 2072, (part),
16.40.020 Administration. 2010; Ord. 2020, (part), 2007)
Section 101.3.1 is added to read as follows:
16.40.050 Establishment of limits of districts in
101.3.1 Administration. The City Manager, through which storage of Class I and II liquids in
the powers vested by the City Council, shall have the aboveground tanks is prohibited.
authority to delegate any and all responsibility for the The limits referred to in Section 3406.2.4.4 of the
maintenance and enforcement of the provisions of this Code California Fire Code, in which the storage of flammable or
to whichever legal entity he feels best serves the interests of combustible liquids in aboveground tanks is prohibited are
the City. hereby established as all locations of the City of Cupertino
Wherever the words "Chief ", "Fire Marshal ", "fire that are residential or other locations as determined by the
code official ", "Fire Department ", "Fire Prevention fire code official. (Ord. 2072, (part), 2010; Ord. 2020,
Bureau ", "Fire Chief" and other such similar words are (part), 2007)
used, they shall mean and refer to such legal entity
designated by the City Manager of Cupertino under the 16.40.060 Establishment of limits in which storage
authority of the City Council of Cupertino. of liquefied petroleum gases is
Wherever the words "municipality ", "jurisdiction" or prohibited.
"city" are used, they shall mean the City of Cupertino. The limits referred to in Section 3804.2 of the
Wherever the words "Executive Body" are used, they California Fire Code, in which storage of liquefied
shall mean the City Council of Cupertino.
2010 S -27
57 Fire Code 16.40.050
petroleum gas is restricted, are hereby established as all $50,001.00 TO $643.75 for the first
locations of the City of Cupertino that are residential or
$100,000.00 $50,000.00 plus $7.00 for
congested commercial areas.
each additional
Exception: LPG may be used for industrial operations $1,000.00, or fraction
or when natural gas would not provide a viable substitute for thereof, to and including
LPG. Portable containers for temporary heating and /or $100'000.00
cooking uses may be permitted if stored and handled in $100,001.00 to $993.75 for the first
accordance with this code. Facilities in commercial areas for $500000 $100,000.00 plus $5.60
refueling portable or mobile LGP containers may be for each additional
approved by the fire code official on a case by case basis. $1,000.00, or fraction
(Ord. 2072, (part), 2010; Ord. 2020, (part), 2007) thereof, to and including
$500,000.00
16.40.065 Permits.
Section 105.1.4 is added to read as follows: $500,001 to $3,233.75 for the first
$1,000,000.00 $500,000.00 plus $4.75
105.1.4 Construction permit fees. Construction permit for each additional
fees and plan review fees for fire hydrant systems, fire $1,000.00, or fraction
extinguishing systems and fire alarm systems shall be paid thereof, to and including
to the Santa Clara County Fire Department in accordance $1,000,000.00
with the following table based on valuation. The valuation
shall be limited to the value of the system for which the $1,000,001 and up $5,608.75 for the first
permit is being issued. Plan review fees are 65% of the $1,000,000.00 plus $3.15
Permit Fee amount. For the purposes of determining the for each additional
total fee amount for each permit, the plan review fee shall $1,000.00, or fraction
be added to the Permit Fee. thereof
Additional re- inspections, in connection with the
TOTAL VALUATIONS PERMIT FEE permits above, are to be paid at $30.00 for each
occurrence at the discretion of the fire code official.
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first Section 105.1.5 is added to read as follows:
$500.00 plus $3.05 for
each additional $100.00, 105.1.5 Operational permit fees. Operational permit
or fraction thereof, to and fees shall be paid to the Santa Clara County Fire Department
including $2,000.00 as follows:
$2001.00 TO $25,000.00 $69.25 for the first FACILITY TYPE PERMIT FEE
$2,000.00 plus $14.00 for
each additional $1,000.00 1. Institutional
or fraction thereof, to and
including $25,000.00 A. Over 50 persons $100.00 -
Annually
$25,001.00 TO $391.25 for the first
$50,000.00 $25,000.00 plus $10.10. B. More than 6 persons $75.00 -
for each additional Annually
$1,000.00, or fraction
thereof, to and including 2. Day Care Facilities
$50,000.00 More than 6 clients $35.00 -
Annually
2010 S -27
16.40.065 Cupertino - Buildings and Construction 58
FACILITY TYPE PERMIT FEE Amend Table 105.6.8 to read:
3. Places of Assembly TABLE 105.6.8
PERMIT AMOUNTS FOR CO MPRESSED GASES'
A. 50-300 persons $50.00 TYPE OF GAS AMOUNT(cubic
Annually
feet)
B. Over 300 persons $85.00 X 0.0283 for m
Annually
4. Temporary Membrane $85.00 - Corrosive 200
Structures, Tents and Annually Flammable (except cryogenic 200
Canopies (Only those and liquefied petroleum
requiring permits in gases)
accordance with Section
105.6.43). Highly toxic Any amount
Section 105.6.8 is amended to read as follows: Inert and simple asphyxiant 6,000
Irritant 200
105.6.8 Compressed Gases. An operational permit is
required for the storage, use or handling at normal Moderately toxic 20
temperature and pressure (NPT) of compressed gases in
excess of the amounts listed in Table 105.6.8, to install any Other health hazards 650
piped distribution system for compressed gases, or to install Oxidizing (including oxygen) 504
a non - flammable medical gas manifold system. A permit is
required to install, repair, abandon, remove, place Pyrophoric Any amount
temporarily out of service, close or substantially modify a
compressed gas system. Radioactive Any amount
Exception: Sensitizer 200
1. Vehicles equipped for and using compressed gas Toxic Any Amount
as a fuel for propelling the vehicle.
2. Routine maintenance. Unstable (reactive) Any amount
3. For emergency repair work performed on an
emergency basis, application for permit shall be made Refer to Chapters 27, 30, 32, 35, 37, 40 and 41
within two working days of commencement of work. for additional requirements and exceptions.
4. Inert and simple asphyxiants at or below the 2 Cubic feet measured at normal Temperature and
amounts listed in Table 105 -A.
pressure.
The permit applicant shall apply for approval to close Section 105.6.10 is amended to read as follows:
storage, use or handling facilities at least 30 days prior to
the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall 105.6.10 Cryogenic fluids. An operational permit is
include any change or alteration of the facility closure plan. required to produce, store transport on site, use, handle or
This 30 -day period may be waived by the chief if there are dispense cryogenic fluids in excess of the amounts listed in
Table 105.6.10 or to install a cryogenic vessel or piping
special circumstances requiring such waiver. system for the storage or distribution of cryogens.
Exception: Permits are not required for vehicles
equipped for and using cryogenic fluids as a fuel for
propelling the vehicle or for refrigerating the lading.
2010 S -27
59 Fire Code 16.40.065
Table 105.6.20 is amended to read as follows:
Pyrophoric Materials:
TABLE 105.6.20 PERMIT AMOUNTS FOR Gases Any amount
HAZARDOUS MATERIALS
Liquids Any amount
TYPE OF MATERIAL AMOUNT Solids Any amount
Combustible Liquids: See Section 105.6.16 Toxic Materials:
Corrosive Materials: Gases Any amount
Gases See Section 105.6.8 Liquids Any amount
Liquids 55 gallons Solids Any amount
Solids 500 pounds Unstable (Reactive) Materials:
Cryogens: See Section 105.6.10 Gases Any amount
Explosive Materials: See Section 105.6.14 Liquids Any amount
Flammable Materials: Solids Any amount
Gases See Section 105.6.8 Water Reactive Materials:
Liquids See Section 105.6.16 Liquids Any amount
Solids 10 pounds Solids Any amount
Highly Toxic Materials:
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
Gases Any amount
a. 20 gallons when Table 2703.1.1(1) Note k applies
Liquids Any amount and hazard identification signs in accordance with Section
Solids Any amount 2703.5 are provided for quantities of 20 gallons or less.
Moderately Toxic 20 Cubic Feet b. 200 pounds when Table 2703.1.1(1) Note k
Materials: applies and hazard identification signs in accordance with
Section 2703.5 are provided for quantities of 200 gallons or
Organic Peroxides: less.
Liquids: Class I -IV Any Amount Section 105.6.48 is added to read as follows:
Liquids: Class V No Permit Required 105.6.48 Day Care Facility. An operational permit is
Solids: Class I -IV Any Amount required to operate a business as a day care facility for more
than 6 people.
Solids: Class V No Permit Required
Section 105.6.49 is added to read as follows:
Oxidizing Materials:
Gases 504 Cubic Feet 105.6.49 Institutional. A permit is required to operate,
maintain, or use any institutional type occupancy. For the
Liquids Any amount purpose of this Section, an institution shall be, but is not
limited to: hospitals, children's home, home or institution
Solids Any amount for insane or mentally retarded persons, home or institution
for the care of aged or senile persons, sanitarium, nursing or
2010 S -27
16.40.065 Cupertino - Buildings and Construction 60
convalescent home, certified family care homes, residential SENSITIZER is a chemical that causes a substantial
care homes for the elderly, out of home placement facilities, proportion of exposed people or animals to develop an
halfway house, and day care nurseries or similar facility of allergic reaction in normal tissue after repeated exposure to
any capacity. the chemical.
Section 106.5 is added to read as follows: WORKSTATION is a defined space or independent
principal piece of equipment using hazardous materials
106.5 Final Inspection. No final inspection as to all or where a specific function, laboratory procedure or research
any portion of a development shall be deemed completed activity occurs. Approved or listed hazardous materials
until the installation of the required fire protection facilities storage cabinets, flammable liquid storage cabinets or gas
and access ways have been completed and approved. No cabinets serving a workstation are included as part of the
final certificate of occupancy may be granted until the Fire workstation. A workstation is allowed to contain ventilation
Department issues notice of final clearance of such fire equipment, fire protection devices, electrical devices, and
protection facilities and access ways to the Building other processing and scientific equipment.
Department.
(Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
Delete Section 109.3: Violation penalties
(Ord. 2072, (part), 2010) 16.40.080 General precautions against fire.
The following sections are deleted:
16.40.070 Definitions. Delete Section: 311.5 Placards.
The following defmitions are added: Delete Section: 311.5.1 Placard Location.
CARCINOGEN is a substance that causes the Delete Section: 311.5.2 Placard Size And Color.
development of cancerous growths in living tissue. A Delete Section: 311.5.3 Placard Date.
chemical is considered a carcinogen if: Delete Section: 311.5.4 Placard Symbols
1. It has been evaluated by the International Agency Delete Section: 311.5.5 informational Use
for Research on Cancer and found to be a carcinogen or
potential carcinogen, or HAZARDS TO FIRE FIGHTERS
2. It is listed as a carcinogen or potential carcinogen
in the latest edition of the Annual Report on Carcinogens Add Section 316.6 to read:
published by the National Toxicology program, or
3. It is regulated by OSHA as a carcinogen. 316.6 Roof Guardrails at Interior Courts. Roof
openings into interior courts that are bounded on all sides by
DEVICE. Device is, for the purpose of Exhibit "A ", building walls shall be protected with guardrails. The top of
an appliance or piece of equipment that plays an active part the guardrail shall not be less than 42 inches in height above
in the proper functioning of the regulated systems. the adjacent roof surface that can be walked on. Intermediate
Examples include, but are not limited to the following: rails shall be designed and spaced such that a 12 -inch
smoke detectors, heat detectors, flame detectors, manual diameter sphere cannot pass through.
pull stations, horns, alarms, bells, warning lights, hydrants,
risers, FDCs, standpipes, strobes, control panels, Exception: Where the roof opening is greater than 600
transponders, and other such equipment used to detect, square feet in area. (Ord. 2072, (part), 2010; Ord. 2020,
transmit, initiate, annunciate, alarm, or respond according (part), 2007)
to the system design criteria.
16.40.090 Emergency planning and preparedness.
OTHER HEALTH HAZARD MATERIAL is a Amend Section 404.2 as follows:
hazardous material which affects target organs of the body,
including but not limited to, those materials which produce 404.2 Where Required. An approved fire safety and
liver damage, kidney damage, damage to the nervous evacuation plan shall be prepared and maintained for the
system, act on the blood to decrease hemoglobin function, following occupancies and buildings.
deprive the body tissue of oxygen or affect reproductive 1. Group A buildings having an occupant load of 100
capabilities, including mutations (chromosomal damage) or or more persons.
teratogens (effect on fetuses). 2. Group B buildings having an occupant load of 500
or more.
3. Group E: See § 3.13 Title 19, CCR for
regulations.
2010 S -27
61 Fire Code 16.40.090
4. Group H. Group E See § 3.13 Title 19, CCR
5. Group I. See § 3.09 Title 19, CCR for
regulations. Group I See § 3.13 Title 19, CCR
6. Group R -1. See § 3.09 Title 19, CCR for
regulations. Group R -1 See § 3.13 Title 19, CCR
7. Group R -2 college and university buildings.
8. Group R -4. Group R -2 Four annually All occupants
9. Group M buildings having an occupant load of High -rise See Title 19, Cal. Code Regs. §3.09
500 or more persons. buildings`
10. Covered malls exceeding 50,000 square feet
(4645 m in aggregate floor area.
11. Underground buildings. a. Group B buildings having an occupant load of 500
or more persons.
Amend Section 404.3.1 as follows: b' Applicable to Group R -2 college and university
buildings only
404.3.1 Fire Evacuation Plans. Fire evacuation plans Applicable to high -rise office buildings only.
shall include the following: (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
1. Emergency egress or escape routes and whether
evacuation of the building is to be complete or, where 16.40.100 Use and occupancy- related
approved, by selected floors or areas only. requirements.
2. Description of what the fire alarm, if required,
sounds and looks like (audible and visual warning devices). Section 408.2.2 is deleted:
3. Procedures for employees who must remain to Section 408.3.1 is deleted:
operate critical equipment before evacuating. Section 408.3.2 is deleted:
4. Procedures for accounting for employees and Section 408.3.3 is deleted:
occupants after evacuation has been completed. Section 408.3.4 is deleted:
5. Identification and assignment of personnel Section 408.5.1 is deleted:
responsible for rescue or emergency medical aid. Section 408.5.2 is deleted:
6. The preferred and any alternative means of Section 408.5.3 is deleted:
notifying occupants of a fire or emergency. Section 408.5.4 is deleted:
7. The preferred and any alternative means of Section 408.5.5 is deleted:
reporting fires and other emergencies to the fire department Section 408.6 is deleted:
or designated emergency response organization. Section 408.6.1 is deleted:
8. Identification and assignment of personnel who Section 408.6.2 is deleted:
can be contacted for further information or explanation of Section 408.7 is deleted:
duties under the plan. Section 408.7.1 is deleted:
9. A description of the emergency voice /alarm Section 408.7.2 is deleted:
communication system alert tone and preprogrammed voice Section 408.7.3 is deleted:
messages, where provided. Section 408.7.4 is deleted:
Section 408.8 is deleted:
Amend Table 405.2 as follows: Section 408.8.1 is deleted:
Section 408.8.2 is deleted:
TABLE 405.2 Section 408.8.3 is deleted:
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION Amend Section 408.9 to read:
408.9 Group R -2 Occupancies. Group R -2 occupancies
GROUP OR FREQUENCY PARTICIPATION shall comply with the requirements of Sections 408.9.1
OCCUPANCY through 408.9.3 and Sections 401 through 406. Group R -2
Group A Quarterly Employees college and university buildings shall comply with the
requirements of Sections 408.9.1 through 408.9.6 and
Group Ba Annually Employees Sections 401 through 406.
2010 S -27
16.40.100 Cupertino - Buildings and Construction 62
Add Section 408.9.4 to read: Exception:
1. When the building is equipped throughout with an
408.9.4 First Emergency Evacuation Drill. The first approved automatic sprinlder installed in accordance with
emergency evacuation drill of each school year shall be Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the dimension
conducted within 10 days of the beginning of classes. may be increased to 300 feet.
2. When fire apparatus roads cannot be installed
Add Section 408.9.5 to read: because of topography, waterways, nonnegotiable grades or
other similar conditions, an approved alternative means of
408.9.5 Time of Day. Emergency evacuation drills shall fire protection shall be provided.
be conducted at different hours of the day or evening, during
the changing of classes, when the school is at assembly, Amend Section 503.2.1 as follows:
during the recess or gymnastic periods, or during other
times to avoid distinction between drills and actual fires. In 503.2.1 Dimensions. Fire apparatus access roads shall
Group R2 college and university buildings, one required have an unobstructed width of not less than 20 feet (6096
drill shall be held during hours after sunset or before mm), except for approved security gates in accordance with
sunrise. Section 503.6, and an unobstructed vertical clearance of 13
feet 6 inches (4115 mm).
Section 408.10 is deleted:
Section 408.10.1 is deleted: Exception: When there are not more than two Group
Section 408.10.2 is deleted: R, Division 3, or Group U occupancies, the access road
Section 408.10.3 is deleted: width may be modified by the fire code official.
Section 408.10.4 is deleted:
Section 408.10.5 is deleted: Add Section 503.7 as follows:
Amend Section 408.11.1.2 to read: 503.7 Traffic Calming Devices. Traffic Calming
Devices such as speed humps, traffic circles or other
408.11.1.2 Revisions. The lease plans shall be revised physical measures intended to control vehicle speed on fire
annually or as often as necessary to keep them current. apparatus access roads are prohibited unless approved by the
(Ord. 2072, (part), 2010; Ord. 2020, (part), 2007) fire code official. (Ord. 2072, (part), 2010; Ord. 2020,
(part), 2007)
16.40.110 Fire service features.
16.40.130 Access to buildings and roofs.
16.40.120 Fire apparatus access roads. Add Section 504.4 to read:
Amend Section 503.1 as follows:
504.4 Access Control Devices. When access control
503.1 Where required. Fire apparatus access roads devices including bars, grates, gates, electric or magnetic
shall be provided and maintained in accordance with locks or similar devices, which would inhibit rapid fire
Sections 503.1.1 through 503.1.2 and as per Fire department emergency access to the building, are installed,
Department access road Standards. such devices shall be approved by the fire code official. All
electrically powered access control devices shall be provided
Amend Section 503.1.1 as follows: with an approved means for deactivation or unlocking from
a single location or otherwise approved by the fire
503.1.1 Building and Facilities. Approved fire department.
apparatus access roads shall be provided for every facility,
building or portion of a building hereafter constructed or Access control devices shall also comply with Chapter
moved into or within the jurisdiction. The fire apparatus 10 Egress. (Ord. 2072, (part), 2010; Ord. 2020, (part),
access road shall comply with the requirements of this 2007)
section and shall extend within 150 feet (45,720 mm) of all
portions of the exterior walls of the first story of the 16.40.140 Hazards to firefighters.
building as measured by an approved route around the Add Section 507.4 to read:
exterior of the building or facility.
507.4 Roof Guardrails At Interior Courts. Roof
openings into interior courts that are bounded on all sides by
2010 S -27
63 Fire Code 16.40.140
building walls shall be protected with guardrails. The top of 16.40.195 Decorative Vegetation in New and
the guardrail shall not be less than 42 inches in height above Existing Buildings.
the adjacent roof surface that can be walked on. Amend Section 806.1.1 as follows:
Intermediate rails shall be designed and spaced such that a
12 -inch diameter sphere cannot pass through. 806.1.1 Display inside buildings. The display of
Christmas trees and other decorative vegetation in new and
Exception: Where the roof opening is greater than existing buildings shall be in accordance with the California
600 square feet in area. (Ord. 2020, (part), 2007) Code of Regulations, Title 19, Division 1, §3.08 and
Sections 806.1 through 806.5.
16.40.150 Emergency Responder Radio Coverage .
Amend Section 510.1 to read follows: Exceptions: Deleted (Ord. 2072, (part), 2010)
510.1 Emergency responder radio coverage in 16.40.200 Fire protection systems.
buildings. All buildings shall have approved radio coverage
for emergency responders within the building based upon the 16.40.210 Automatic sprinkler systems.
existing coverage levels of the public safety communications Amend Section 903.2 to read:
system of the jurisdiction at the exterior of the building. This
section shall not require improvement of the existing public 903.2 Where required. Approved automatic sprinkler
safety communications system. Emergency responder radio systems in new and existing buildings and structures shall be
coverage systems shall be installed in accordance with provided in the locations described in this Section or in
Section 510 and Appendix J. Sections 903.2.1 through 903.2.18 whichever is the more
restrictive.
Add Section 510.1.1 as follows:
For the purposes of this section, firewalls used to
510.1.1 Obstruction by new buildings. When in the separate building areas shall be constructed in accordance
opinion of the fire code official, a new structure obstructs with the California Building Code and shall be without
the line of sight emergency radio communications to existing openings or penetrations.
buildings or to any other locations, the developer of the
structure shall provide and install the radio retransmission 1. An automatic sprinkler system shall be provided
equipment necessary to restore communications capabilities. throughout all new buildings and structures.
The equipment shall be located in an approved space or area
within the new structure. (Ord. 2072, (part), 2010; Ord. Exception:
2020, (part), 2007) a. Group A, B, E, F, 1, L, M, S and U
occupancy buildings and structures that do not exceed 1,000
16.40.160 Building service and features. square feet of building area and that are not located in the
Wildland -Urban Interface Fire Area.
16.40.180 Electrical equipment, wiring and b. Group A, B, E, F, I, L, M, S and U
hazards. occupancy buildings and structures that are located in the
Add Section 605.11 to read: Wildland -Urban Interface Fire Area and do not exceed 500
square feet of building area.
605.11 Immersion Heaters. All electrical immersion
heaters used in dip tanks, sinks, vats and similar operations 2. An automatic sprinkler system shall be provided
shall be provided with approved over - temperature controls throughout existing buildings and structures when alterations
and low liquid level electrical disconnects. Manual reset of or additions are made that create conditions described in
required protection devices shall be provided. (Ord. 2072, Sections 903.2.1 through 903.2.18.
(part), 2010; Ord. 2020, (part), 2007)
3. An automatic sprinkler system shall be provided
16.40.190 Stationary storage battery systems. throughout existing buildings and structures, when additions
Add Section 608.6.4 to read: are made that increase the building area to more than 3,600
square feet.
608.6.4 Failure of Ventilation System. Failure of the
ventilation system shall automatically disengage the charging
system. (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
2010 S -27
16.40.210 Cupertino - Buildings and Construction 64
Exception: 1404.8 Fire Walls. When firewalls are required, the
One or more additions made to a building after January 1, wall construction shall be completed (with all openings
2011 that do not total more than 1000 square feet of building protected) immediately after the building is sufficiently
area. weather- protected at the location of the wall(s). (Ord. 2072,
(part), 2010; Ord. 2020, (part), 2007)
4. An automatic sprinkler system shall be provided
throughout all new basements regardless of size and 16.40.230 Means of egress.
throughout existing basements that are expanded by more Amend Section 1411.1 as follows:
than 50 %.
1411.1 Stairways Required. Each level above the first
Amend Section 903.3.1.1 to read: story in new multi -story buildings that require two exit
stairways shall be provided with at least two usable exit
903.3.1.1 NFPA 13 sprinkler systems. Where the stairways after the floor decking is installed. The stairways
provisions of this code require that a building or portion shall be continuous and discharge to grade level. Stairways
thereof be equipped throughout with an automatic sprinkler serving more than two floor levels shall be enclosed (with
system in accordance with this section, sprinklers shall be openings adequately protected) after exterior walls /windows
installed throughout in accordance with NFPA 13 except as are in place. Exit stairs in new and in existing, occupied
provided in Section 903.3.1.1.1 and local standards. buildings shall be lighted and maintained clear of debris and
construction materials at all times.
1. For new buildings having no designated use or
tenant, the minimum sprinkler design density shall be Exception: For new multi -story buildings, one of the
Ordinary Hazard Group 2. required exit stairs may be obstructed on not more than two
contiguous floor levels for the purposes of stairway
Amend Section 903.3.1.2 to read: construction (i.e., installation of gypsum board, painting,
flooring, etc.).
903.3.1.2 NFPA 13R sprinkler systems. Where
allowed in buildings of Group R, up to and including four Add Section 1411.1.1 to read:
stories in height, automatic sprinkler systems shall be
installed throughout in accordance with NFPA 13R and local Section 1411.1.1 Required Means Of Egress. All
standards. new buildings under construction shall have at least one
unobstructed means of egress. All means of egress shall be
Amend Section 903.3.1.3 to read: identified in the prefire plan. See Section 1408.2. (Ord.
2072, (part), 2010; Ord. 2020, (part), 2007)
903.3.1.3 NFPA 13D sprinkler systems. Where
allowed, automatic sprinkler systems installed in one -and 16.40.240 Semiconductor fabrication facilities.
two - family dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D and local 16.40.250 Definitions.
standards. Amend the following definition to read:
Amend Section 912.2 to read: CONTINUOUS GAS DETECTION SYSTEM. An
approved gas detection system where the analytical
912.2 Location. With respect to hydrants, driveways, instrument is maintained in continuous operation and
buildings and landscaping, fire department connections shall sampling is performed without interruption. Analysis is
be so located that fire apparatus and hose connected to allowed to be performed on a cyclical basis at intervals not
supply the system will not obstruct access to the building for to exceed 30 minutes. In occupied areas where air is
other fire apparatus. The location of fire department re- circulated and not exhausted to a treatment system (e.g.
connections shall be approved by the fire code official. breathing zone), the Chief may require a cyclical basis at
(Ord. 2072, (part), 2010; Ord. 2020, (part), 2007) intervals not to exceed 5 minutes. The gas detection system
shall be able to detect the presence of a gas at or below the
16.40.220 Fire safety during construction and permissible exposure limit in occupiable areas and at or
demolition. below 1 /2 IDLH (or 0.05 LC„ if no established IDLH) in
unoccupiable areas.
16.40.225 Precautions against fire.
Add Section 1404.8 to read:
65 Fire Code 16.40.230
Delete Definition: Workstation. (Ord. 2020, (part), ensure detection and remedy of the primary containment
2007) failure. (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
16.40.260 Storage of wood chips and hogged 16.40.320 General requirements.
material associated with timber and
lumber production facilities. Add Section 2703.1.3.1 to read:
Add Section 1907.6 to read:
2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic
1907.6 Fire Protection Water Supply System. An Gases and Similarly Used or Handled Materials. The
approved fire protection water supply and hydrant system storage, use and handling of toxic, highly toxic and
suitable for the fire hazard involved shall be provided for moderately toxic gases in amounts exceeding Table 3704.2
open storage yards and processing areas. Hydrant systems or 3704.3 shall be in accordance with this chapter and
shall be installed in accordance with NFPA 24. (Ord. 2072, Chapter 37. Any toxic, highly toxic or moderately toxic
(part), 2010; Ord. 2020, (part), 2007) material that is used or handled as a gas or vapor shall be in
accordance with the requirements for toxic, highly toxic or
16.40.270 Storage and processing of wood chips, moderately toxic gases.
hogged materials, fines, compost and raw
product associated with yard waste and Add Section 2703.1.5 to read:
recycling facilities.
Add Section 1908.11 to read: 2703.1.5 Other Health Hazards Including
Carcinogens, Irritants and Sensitizers. The storage, use
1908.11 Fire Protection Water Supply System. An and handling of materials classified as other health hazards
approved fire protection water supply and hydrant system including carcinogens, irritants and sensitizers in amounts
suitable for the fire hazard involved shall be provided for exceeding 810 cubic feet for gases, 55 gallons for liquids
open storage yards and processing areas. Hydrant systems and 5,000 pounds for solids shall be in accordance with this
shall be installed in accordance with NFPA 24. (Ord. 2072, Section 2703.
(part), 2010; Ord. 2020, (part), 2007)
Add Section 2703.1.6 to read:
16.40.290 Hazardous materials.
2703.1.6 Secondary Containment Requirements. A
16.40.300 General. containment system shall be required for all hazardous
Amend Section 2701.2.2.2 to read: materials, which are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a
2701.2.2.2 Health Hazards. The material categories plausible event and where such an event would endanger
listed in this section are classified as health hazards. A people, property or the environment. Construction shall be
material with a primary classification as a health hazard can substantial, capable of safely and securely containing a
also pose a physical hazard. sudden release without discharge. Design criteria shall be
1. Highly toxic, toxic and moderately toxic. performance oriented and constructed of physically and
2. Corrosive materials. chemically compatible materials to resist degradation and
3. Other health hazards including carcinogens, provide structural and functional integrity for a period of
irritants and sensitizers. time reasonably necessary to ensure detection, mitigation,
(Ord. 2072, (part), 2010; Ord. 2020, (part), 2007) and repair of the primary system. Regardless of quantities,
secondary containment for outdoor storage areas shall also
16.40.310 Definitions. comply with Section 2704.2.2.4. Monitoring of secondary
containment shall be accordance with Section 2704.2.2.5.
Amend the following definition to read:
Amend Sec. 2703.2.2.1 to read:
SECONDARY CONTAINMENT. Secondary
containment is that level of containment that is external to 2703.2.2.1 Design and Construction. Piping, tubing,
and separate from primary containment and is capable of valves, fittings and related components used for hazardous
safely and securely containing the material, without materials shall be in accordance with the following:
discharge, for a period of time reasonably necessary to
2010 S -27
16.40.320 Cupertino - Buildings and Construction 66
1. Piping, tubing, valves, fittings and related Exception:
components shall be designed and fabricated from materials 1. Secondary containment is not required for toxic
compatible with the material to be contained and shall be of corrosive gases if the piping is constructed of inert
adequate strength and durability to withstand the pressure, materials.
structural and seismic stress, and exposure to which they are 2. Piping under sub - atmospheric conditions if the
subject. piping is equipped with an alarm and fail- safe -to -close valve
2. Piping and tubing shall be identified in activated by a loss of vacuum.
accordance with ASME A13.1 and Santa Clara County Fire
Chiefs Marking Requirements and Guidelines for Hazardous 8. Expansion chambers shall be provided between
Materials and Hazardous Waste to indicate the material valves whenever the regulated gas may be subjected to
conveyed. thermal expansion. Chambers shall be sized to provide
3. Readily accessible manual valves or automatic protection for piping and instrumentation and to
remotely activated fail -safe emergency shutoff valves shall accommodate the expansion of regulated materials.
be installed on supply piping and tubing at the following
locations: Amend Section 2703.2.2.2 to read:
a. The point of use.
b. The tank, cylinder or bulk use. 2703.2.2.2 Additional Regulation for Supply Piping
4. Manual emergency shutoff valves and controls for for Health Hazard Materials. Supply piping and tubing for
remotely activated emergency shutoff valves shall be gases and liquids having a health hazard ranking of 3 or 4
identified and the location shall be clearly visible accessible shall be in accordance with ASME B31.3 and the following:
and indicated by means of a sign. 1. Piping and tubing utilized for the transmission of
5. Backflow prevention or check valves shall be toxic, highly toxic, or highly volatile corrosive liquids and
provided when the backflow of hazardous materials could gases shall have welded or brazed connections throughout
create a hazardous condition or cause the unauthorized except for connections within an exhausted enclosure if the
discharge of hazardous materials. material is a gas, or an approved method of drainage or
6. Where gases or liquids having a hazard ranking containment is provided for connections if the material is a
of: liquid.
Health hazard Class 3 or 4 2. Piping and tubing shall not be located within
Flammability Class 4 corridors, within any portion of a means of egress required
Reactivity Class 4 to be enclosed in fire - resistance -rated construction or in
in accordance with NFPA 704 are carried in concealed spaces in areas not classified as Group H
pressurized piping above 15 pounds per square inch gauge Occupancies.
(psig)(103 Kpa), an approved means of leak detection,
emergency shutoff and excess flow control shall be Exception: Piping and tubing within the space defined
provided. Where the piping originates from within a by the walls of corridors and the floor or roof above or in
hazardous material storage room or area, the excess flow concealed space above other occupancies when installed in
control shall be located within the storage room or area. accordance with Section 415.8.6.3 of the California Building
Where the piping originates from a bulk source, the excess Code as required for Group H, Division 5 Occupancies.
flow control shall be located as close to the bulk source as
practical. 3. All primary piping for toxic, highly toxic and
moderately toxic gases shall pass a helium leak test of
Exception: lx10 -9 cubic centimeters /second where practical, or shall
a. Piping for inlet connections designed to pass testing in accordance with an approved, nationally
prevent backflow. recognized standard. Tests shall be conducted by a qualified
b. Piping for pressure relief devices. "third party" not involved with the construction of the piping
and control systems.
7. Secondary containment or equivalent protection
from spills shall be provided for piping for liquid hazardous Amend Section 2703.3.1 as follows:
materials and for highly toxic and toxic corrosive gases
above threshold quantities listed in Tables 3704.2 and 2703.3.1 Unauthorized Discharges. When hazardous
3704.3. Secondary containment includes, but is not limited materials are released in quantities reportable under state,
to double walled piping. federal or local regulations or when there is release or a
threatened release that presents a threat to health, property
2010 S -27
67 Fire Code 16.40.320
or the environment, the fire code official shall be notified certification where quantities of flammable liquids in use or
immediately in an approved manner and the following storage within the cabinet do not exceed 500m1. (Ord. 2072,
procedures required in accordance with Sections 2703.3.1.1 (part), 2010; Ord. 2020, (part), 2007)
through 2703.3.1.4.
16.40.330 Storage.
Add Sec. 2703.5.2 to read: Amend Section 2704.2.1 as follows:
2703.5.2 Ventilation Ducting. Product conveying 2704.2.1 Spill Control for Hazardous Material
ducts for venting hazardous materials operations shall be Liquids. Rooms, buildings or areas used for storage of
labeled with the hazard class of the material being vented hazardous material liquids shall be provided with spill
and the direction of flow. control to prevent the flow of liquids to adjoining areas.
Floors in indoor locations and similar surfaces in outdoor
Add Sec. 2703.5.3 to read: locations shall be constructed to contain a spill from the
largest single vessel by one of the following methods:
2703.5.3 "H" Occupancies. In "H" occupancies, all 1. Liquid -tight sloped or recessed floors in indoor
piping and tubing may be required to be identified when locations or similar areas in outdoor locations.
there is any possibility of confusion with hazardous 2. Liquid -tight floors in indoor locations or similar
materials transport tubing or piping. Flow direction areas provided with liquid -tight raised or recessed sills or
indicators are required. dikes.
3. Sumps and collection systems.
Amend Section 2703.9.8 to read: 4. Other approved engineered systems.
2703.9.8 Separation of Incompatible Materials. Except for surfacing, the floors, sills, dikes, sumps and
Incompatible materials in storage and storage of materials collection systems shall be constructed of noncombustible
that are incompatible with materials in use shall be material, and the liquid -tight seal shall be compatible with
separated. When the stored materials are in containers the material stored. When liquid -tight sills or dikes are
having a capacity of more than 5 pounds (2 kg) or 0.5 gallon provided, they are not required at perimeter openings having
(2 L), separation shall be accomplished by: an open -grate trench across the opening that connects to an
1. Segregating incompatible materials in storage by approved collection system.
a distance of not less than 20 feet (6096 mm) and in an
independent containment system. Amend Section 2704.2.2 as follows:
2. Isolating incompatible materials in storage by a
noncombustible partition extending not less than 18 inches 2704.2.2 Secondary Containment for Hazardous
(457 mm) above and to the sides of the stored material. Material Liquids and Solids. Buildings, rooms or areas
3. Storing liquid and solid materials in hazardous used for the storage of hazardous materials liquids or solids
material storage cabinets. shall be provided with secondary containment in accordance
4. Storing compressed gases in gas cabinets or with this section.
exhausted enclosures in accordance with Sections 2703.8.5
and 2703.8.6. Materials that are incompatible shall not be Delete Table: 2704.2.2 REQUIRED SECONDARY
stored within the same cabinet or exhausted enclosure. CONTAINMENT FOR HAZARDOUS MATERIAL
SOLIDS AND LIQUIDS STORAGE
Add Sec. 2703.9.11 to read: (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
2703.9.11 Fire Extinguishing Systems For 16.40.340 Use, dispensing and handling.
Workstations Dispensing, Handling or Using Hazardous Amend Sec. 2705.4.4 to read:
Materials. Combustible and non - combustible workstations,
which dispense, handle or use hazardous materials, shall be 2705.4.4 Emergency Alarm. When hazardous
protected by an approved automatic fire extinguishing materials having a hazard ranking of 3 or 4 in accordance
system in accordance with Section 1803.10. with NFPA 704, or toxic gases exceeding 10 cu. ft. and any
amount of highly toxic compressed gases are transported
Exception: Internal fire protection is not required for through corridors or exit enclosures, there shall be an
Biological Safety Cabinets that carry NSF /ANSI emergency telephone system, a local manual alarm station or
2010 S -27
16.40.340 Cupertino - Buildings and Construction 68
an approved alarm- initiating device at not more than 3301.3 Fireworks. The possession, manufacture,
150 -foot (45,720 mm) intervals and at each exit and storage, sale, handling, and use of fireworks, including
exit - access doorway throughout the transport route. The those fireworks classified as Safe and Sane by the California
signal shall be relayed to an approved central, proprietary or State Fire Marshal, are prohibited.
remote station service or constantly attended on -site location
and shall also initiate a local audible alarm. (Ord. 2072, Exception:
(part), 2010; Ord. 2020, (part), 2007) 1. Storage, handling and use of fireworks and
pyrotechnic special effects outside of buildings when used
16.40.350 Corrosive materials. for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions
16.40.360 Section 3102: definitions. and when in accordance with Title 19 of the California Code
Add the following definition to read: of Regulations.
2. Storage, handling and use of pyrotechnic special
CORROSIVE LIQUID. Corrosive liquid is a liquid effects fireworks inside of buildings when used for
which, when in contact with living tissue, will cause proximate audience displays or special effects in theatrical,
destruction or irreversible alteration of such tissue by television, motion picture and group entertainment
chemical action. Examples include acidic, alkaline or caustic productions when in accordance with Title 19 of the
materials. Such material will be considered corrosive when California Code of Regulations and when in buildings
the Ph is 2 or less or 12.5 or more, except for foodstuffs or equipped throughout with an approved fire sprinkler system.
medicine. Included are Department of Transportation and
Title 22, California Code of Regulations, 66261.22 classed Add Section 3301.4 is to read:
corrosives. (Ord. 2072, (part), 2010; Ord. 2020, (part),
2007) 3301.4 Rocketry. The storage, handling, and use of
model rockets shall be in accordance with Title 19 of the
16.40.370 Explosives and fireworks. California Code of Regulations and as approved by the Fire
Amend Section 3301.1 to read: Code Official.
3301.1 Scope. For explosives requirements see Add Sections 3301.5 through 3301.5.3.2.3 to read:
California Code of Regulations, Title 19, Division 1,
Chapter 10 and Section 3301.2 of this Chapter. For 3301.5 Small Arms Ammunition - General. Indoor
fireworks requirements see California Code of Regulations, storage and display of black powder, smokeless propellants
Title 19, Division 1, Chapter 6 and Section 3301.3 of this and small arms ammunition shall comply with Sections
Chapter. For small arms ammunition, see Section 3301.5 of 3301.5.1 through 3301.5.4.2.3.
this chapter.
3301.5.1 Packages. Smokeless propellants shall be
Exception: stored in approved shipping containers conforming to DOTn
1. The armed Forces of the United States, Coast 49 CFR, Part 173.
Guard or National Guard.
2. Explosives in forms prescribed by the official 3301.5.1.1 Repackaging. The bulk repackaging of
United States Pharmacopoeia. smokeless propellants, black powder and small arms primers
3. The use of explosive materials by federal, state shall not be performed in retail establishments.
and local regulatory, law enforcement and fire agencies
acting in their official capacities. 3301.5.1.2 Damaged packages. Damaged containers
4. Items preempted by federal regulations. shall not be repackaged.
Add Section 3301.2 is to read: Exception: Approved repackaging of damaged
containers of smokeless propellant into containers of the
3301.2 Explosives. The possession, manufacture, same type and size as the original container.
storage, sale, handling, and use of explosives are prohibited.
3301.5.2 Storage in Group R occupancies. The
Add Section 3301.3 is to read: storage of small arms ammunition in Group R occupancies
shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
2010 S -27
69 Fire Code 16.40.370
3301.5.2.1 Smokeless propellants. Smokeless 3301.5.3.2.2 Black powder. Commercial stocks of
propellants intended for personal use in quantities not black powder not on display shall not exceed 50 pounds (23
exceeding 20 pounds (9 kg) are permitted to be stored in kg) and shall be stored in a type 4 indoor magazine. When
Group R -3 occupancies where kept in original containers. black powder and smokeless propellants are stored together
Smokeless powder in quantities exceeding 20 pounds (9 kg) in the same magazine, the total quantity shall not exceed that
but not exceeding 50 pounds (23 kg) are permitted to be permitted for black powder.
stored in Group R -3 occupancies where kept in a wooden
box or cabinet having walls of at least 1 inch (25 mm) 3301.5.3.2.3 Small arms primers. Commercial stocks
nominal thickness. of small arms primers not on display shall not exceed
750,000. Storage shall be arranged such that not more than
3301.5.2.2 Black powder. Black powder intended for 100,000 small arms primers are stored in any one pile and
personal use in quantities not exceeding 20 pounds (9 kg) are piles are at least 15 feet (4572 mm) apart.
permitted to be stored in Group R -3 occupancies where kept (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
in original containers and stored in a wooden box or cabinet
having walls of at least 1 inch (25 mm) nominal thickness 16.40.380 Flammable and combustible liquids.
3301.5.2.3 Small arms primers. No more than 16.40.390 Storage.
10,000 small arms primers shall be stored in Group R -3 Amend section 3404.2.7.5.8 to read:
occupancies.
3404.2.7.5.8 Overfill Prevention. An approved
3301.5.3 Display and storage in Group M means or method in accordance with Section 3404.2.9.6.6
occupancies. The display and storage of small arms shall be provided to prevent the overfill of all Class I, II and
ammunition in Group M occupancies shall comply with IIIA liquid storage tanks. Storage tanks in refineries, bulk
Sections 3301.5.3.1 through 3301.5.3.2.3. plants or terminals regulated by Sections 3406.4 or 3406.7
shall have overfill protection in accordance with API 2350.
3301.5.3.1 Display. The display of small arms
ammunition in Group M occupancies shall comply with An approved means or method in accordance with
Sections 3301.5.3.1.1 through 3301.5.3.1.3. Section 3404.2.9.7.6 shall be provided to prevent the
overfilling of Class IIIB liquid storage tanks connected to
3301.5.3.1.1 Smokeless propellant. No more than 20 fuel- burning equipment inside buildings.
pounds (9 kg) of smokeless propellants, each in containers
of 1 pound (0.454 kg) or less capacity, shall be displayed in Exception Deleted
Group M occupancies.
Add section 3404.2.7.5.9 to read:
3301.5.3.1.2 Black powder. No more than 1 pound
(0.454 kg) of black powder shall be displayed in Group M 3404.2.7.5.9 Automatic Filling of Tanks. Systems
occupancies. that automatically fill flammable or combustible liquid tanks
shall be equipped with overfill protection, approved by the
3301.5.3.1.3 Small arms primers. No more than fire code official, that sends an alarm signal to a constantly
10,000 small arms primers shall be displayed in Group M attended location and immediately stops the filling of the
occupancies. tank. The alarm signal and automatic shutoff shall be tested
on an annual basis and records of such testing shall be
3301.5.3.2 Storage. The storage of small arms maintained on -site for a period of five (5) years. (Ord.
ammunition in Group M occupancies shall comply with 2072, (part), 2010; Ord. 2020, (part), 2007)
Sections 3301.5.3.2.1 through 3301.5.3.2.3.
16.40.400 Highly toxic and toxic materials.
3301.5.3.2.1 Storage of Smokeless propellant.
Commercial stocks of smokeless propellants not on display 16.40.410 General.
shall not exceed 100 pounds (45 kg). Quantities exceeding Add Sec. 3701.3 to read:
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) 3701.3 Moderately Toxic Gases With a LC50 Equal
shall be stored in portable wooden boxes having walls of at To Or Less Than 3000 Parts Per Million.
least 1 inch (25 mm) nominal thickness. Notwithstanding the hazard class definition in Section 3702,
2010 S -27
16.40.410 Cupertino - Buildings and Construction 70
moderately toxic gases with an LC less than 3000 parts per 3704.1.5 Emergency Control Station. Signals from
million shall additionally comply with the requirements for emergency equipment used for highly toxic gases shall be
toxic gases in Section 3704 of this code. (Ord. 2072, (part), transmitted to an emergency control station or other
2010) approved monitoring station, which is continually staffed by
trained personnel.
16.40.420 Definitions.
The following definitions are added to read: Add Sec. 3704.1.6 to read:
MODERATELY TOXIC GAS. Moderately toxic gas 3704.1.6 Maximum Threshold Quantity. Toxic gases
is a chemical or substance that has a median lethal stored or used in quantities exceeding the maximum
concentration (LC in air more than 2000 parts per million threshold quantity in a single vessel per control area or
but not more than 5000 parts per million by volume of gas outdoor control area shall comply with the additional
or vapor, when administered by continuous inhalation for an requirements for highly toxic gases of Section 3704 of this
hour, or less if death occurs within one hour, to albino rats code.
weighing between 200 and 300 grams each. Moderately toxic gases stored or used in quantities
exceeding the maximum threshold quantity in a single vessel
MAXIMUM THRESHOLD QUANTITY (MAX TQ). per control area or outdoor control area shall comply with
Maximum Threshold Quantity (Max TQ) is the maximum the additional requirements for toxic gases of Section 3704
quantity of a moderately toxic or toxic gas, which may be of this code.
stored in a single vessel before a more stringent category of
regulation is applied. The following equation shall be used Add Section 3704.1.7 to read:
to calculate the Max TQ:
3704.1.7 Reduced Flow Valve. All containers of
Max TQ (pounds) = LC (ppm) x 2 lb. materials other than lecture bottles containing Highly Toxic
material and having a vapor pressure exceeding 29 psia shall
For gas mixtures containing one or more toxic, highly be equipped with a reduced flow valve when available. If a
toxic or moderately toxic components, the LC shall be reduced flow valve is not available, the container shall be
calculated using CGA Standards P -20 and P -23 as used with a flow - limiting device. All flow limiting devices
referenced in Appendix E, Section 103.1.3.1. (Ord. 2072, shall be part of the valve assembly and visible to the eye
(part), 2010; Ord. 2020, (part), 2007) when possible; otherwise, they shall be installed as close as
possible to the cylinder source.
16.40.430 Highly toxic, toxic and moderately toxic
gases including those used as Add Section 3704.1.8 to read:
refrigerants.
Add Sec. 3704.1.4 to read: 3704.1.8 Annual Maintenance. All safety control
systems at a facility shall be maintained in good working
3704.1.4 Automatic Shut -Off Valve. An automatic condition and tested not less frequently than annually.
shut -off valve, which is of a fail -safe to close design, shall Maintenance and testing shall be performed by persons
be provided to shut off the supply of highly toxic gases for qualified to perform the maintenance and tests. Maintenance
any of the following: records and certifications shall be available to any
representative of the Fire Department for inspection upon
1. Activation of a manual fire alarm system. request.
2. Activation of the gas detection system.
3. Failure of emergency power. Add Section 3704.1.9 to read:
4. Failure of primary containment.
5. Seismic activity. 3704.1.9 Fire Extinguishing Systems. Buildings and
6. Failure of required ventilation. covered exterior areas for storage and use areas of materials
7. Manual activation at an approved remote regulated by this Chapter shall be protected by an automatic
location. fire sprinkler system in accordance with NFPA 13. The
design of the sprinkler system for any room or area where
Add Sec. 3704.1.5 to read: highly toxic, toxic and moderately toxic gases are stored,
handled or used shall be in accordance with Section 2704.5.
2010 S -27
71 Fire Code 16.40.430
Add Section 3704.1.10 to read: Add section 3704.1.15 to read:
3704.1.10 Local Gas Shut Off. Manual activation 3704.1.15 Cylinder Leak Testing. Cylinders shall be
controls shall be provided at locations near the point of use tested for leaks immediately upon delivery and again
and near the source, as approved by the fire code official. immediately prior to departure. Testing shall be approved by
The fire code official may require additional controls at the fire code official in accordance with appropriate
other places, including, but not limited to, the entry to the nationally recognized industry standards and practices, if
building, storage or use areas, and emergency control any. Appropriate remedial action shall be immediately
stations. undertaken when leaks are detected
Manual activated shut -off valves shall be of a Add Sec. 3704.1.16 to read:
fail- safe -to -close design.
3704.1.16 Inert Gas Purge System. Gas systems shall
Add Section 3704.1.11 to read: be provided with dedicated inert gas purge systems. A
dedicated inert gas purge system may be used to purge more
3704.1.11 Exhaust Ventilation Monitoring. For than one gas, provided the gases are compatible. Purge gas
highly toxic gases and toxic gases exceeding threshold systems inside buildings shall be located in an approved gas
quantities, a continuous monitoring system shall be provided cabinet unless the system operates by vacuum demand.
to assure that the required exhaust ventilation rate is
maintained. The monitoring system shall initiate a local Add Sec. 3704.1.17 to read:
alarm. The alarm shall be both visual and audible and shall
be designed to provide warning both inside and outside of 3704.1.17 Seismic Shutoff Valve. An automatic
the interior storage, use, or handling area. seismic shut -off valve, which is of a fail -safe to close
design, shall be provided to shutoff the supply of highly
Add Section 3704.1.12 to read: toxic, toxic and moderately toxic gases with an LC less
than 3000 parts per million upon a seismic event within 5
3704.1.12 Emergency Response Plan. If the seconds of a horizontal sinusoidal oscillation having a peak
preparation of an emergency response plan for the facility is acceleration of 0.3G (1.47m /sec and a period of 0.4
not required by any other law, responsible persons shall seconds.
prepare, or cause to be prepared, and filed with the fire code
official, a written emergency response plan. If the Amend Section 3704.2 to read:
preparation of an emergency response plan is required by
other law, a responsible person shall file a copy of the plan 3704.2 Indoor Storage and Use. The indoor storage
with the Fire Chief. or use of highly toxic, toxic and moderately toxic
compressed gases shall be in accordance with Sections
Add Section 3704.1.13 to read: 3704.2.1 through 3704.2.2.10.3.3. The threshold quantity
for highly toxic, toxic and moderately toxic gases for indoor
3704.1.13 Emergency Response Team. Responsible storage and use are set forth in Table 3704.2.
persons shall be designated the on -site emergency response
team and trained to be liaison personnel for the Fire Add Table 3704.2 to read:
Department. These persons shall aid the Fire Department in
preplanning emergency responses, identifying locations Threshold Quantities for Highly Toxic, Toxic and
where regulated materials are stored, handled and used, and Moderately Toxic Gases for Indoor Storage and Use
be familiar with the chemical nature of such material. An
adequate number of personnel for each work shift shall be Highly Toxic 0
designated.
Toxic 10 cubic feet
Add Section 3704.1.14 to read:
Moderately Toxic 20 cubic feet
3704.1.14 Emergency Drills. Emergency drills of the
on -site emergency response team shall be conducted on a
regular basis but not less than once every three months.
Records of drills conducted shall be maintained.
2010 S -27
16.40.430 Cupertino - Buildings and Construction 72
Amend Section 3704.2.1 to read: 1.2. Hand wheel- operated valves have handles secured
to prevent movement.
3704.2.1 Applicability. The applicability of 1.3. Approved containment vessels or containment
regulations governing the indoor storage and use of highly systems are provided in accordance with Section 3704.2.2.3.
toxic, toxic, and moderately toxic compressed gases shall be
as set forth in Sections 3704.2.1.1 through 3704.2.1.3. Amend 3704.2.2.10.1 to read:
Amend Sec. 3704.2.1.1 to read: 3704.2.2.10.1. Alarms. The gas detection system shall
initiate a local alarm and transmit a signal to a constantly
3704.2.1.1 Quantities Not Exceeding the Maximum attended control station when a short -term hazard condition
Allowable Quantity per Control Area. The indoor storage is detected. The alarm shall be both visual and audible and
or use of highly toxic, toxic and moderately toxic gases in shall provide warning both inside and outside the area where
amounts exceeding the maximum allowable quantity per the gas is detected. The audible alarm shall be distinct from
control area set forth in Table 3704.2 shall be in accordance all other alarms.
with Sections 2701, 2703, 3701, 3704.1 and 3704.2,
Exception Deleted
Amend Sec. 3704.2.2 to read:
Amend Section 3704.3 to read:
3704.2.2 General Indoor Requirements. The general
requirements applicable to the indoor storage and use of 3704.3 Outdoor Storage and Use. The outdoor
highly toxic and toxic compressed gases shall be in storage or use of highly toxic, toxic and moderately toxic
accordance with Sections 3704.2.2.1 through compressed gases shall be in accordance with Sections
3704.2.2.10.3. 3704.3.1 through 3704.3.4. The threshold quantity for
highly toxic, toxic and moderately toxic gases for outdoor
Moderately toxic gases with an LC„ less than 3000 storage and use are set forth in Table 3704.3.
parts per million shall comply with the requirements for
toxic gases in Sections 3704.2.2.1 through 3704.2.2.10.3 Add Table 3704.3 to read:
All other moderately toxic gases exceeding the
threshold quantity shall comply with the requirements for Threshold Quantities for Highly Toxic, Toxic and
toxic gases in Sections 3704.2.2.1 through 3704.2.2.7. Moderately Toxic Gases for Outdoor Storage and Use
Highly Toxic 0
Amend Sec. 3704.2.2.7 to read:
Toxic 10 cubic feet
3704.2.2.7 Treatment Systems. The exhaust
ventilation from gas cabinets, exhausted enclosures, gas Moderately Toxic 20 cubic feet
rooms and local exhaust systems required in Section
3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment Amend Section 3704.3.1 to read:
system. The treatment system shall be utilized to handle the
accidental release of gas and to process exhaust ventilation. 3704.3.1 Applicability. The applicability of
The treatment system shall be designed in accordance with regulations governing the outdoor storage and use of highly
Sections 3704.2.2.7.1 through 3704.2.2.7.5 and Section 505 toxic, toxic, and moderately toxic compressed gases shall be
of the California Mechanical Code. as set forth in Sections 3704.3.1.1 through 3704.3.1.3.
Exception: Amend Section 3704.3.1.1
1. Highly toxic, toxic and moderately toxic gases
storage. A treatment system is not required for cylinders, 3704.3.1.1 Quantities Not Exceeding the Maximum
containers and tanks in storage when all of the following are Allowable Quantity per Control Area. The outdoor storage
provided: or use of highly toxic and toxic gases in amounts exceeding
1.1. Valve outlets are equipped with gas -tight outlet the threshold quantity per control area set forth in Table
plug or caps. 3704.3 shall be in accordance with Sections 2701, 2703,
3701, 3704.1, and 3704.3.
2010 S -27
73 Fire Code 16.40.430
Moderately toxic gases with an LC less than 3000 defined as all areas within the City of Cupertino as set forth
parts per million in amounts exceeding the threshold and delineated on the map entitled "Wildland -Urban
quantity in Table 3704.3 shall comply with the requirements Interface Fire Area" which map and all notations,
for toxic gases in Sections 2701, 2703, 3701, 3704.1 and references, data and other information shown thereon are
3704.3. hereby adopted and made a part of this chapter. The map
properly attested, shall be on file in the Office of the City
Moderately toxic gases in amounts exceeding the Clerk of the City of Cupertino. (Ord. 2072, (part),
threshold quantity in Table 3704.3 shall comply with the 2010;Ord. 2020, (part), 2007)
requirements for toxic gases in Sections 2701, 2703, 3701,
3704.1 and 3704.3.2.1 through 3704.3.2.5. 16.40.475 Application.
Amend Section 3704.3.3 to read: Amend Section 4906.2 to read:
3704.3.3 Outdoor Storage Weather Protection for 4906.2 Application. Buildings and structures located
Portable Tanks and Cylinders. Weather protection in in the following areas shall maintain the required hazardous
accordance with Section 2704.13 and this section shall be vegetation and fuel management:
provided for portable tanks and cylinders located outdoors
and not within gas cabinets or exhausted enclosures. The 1. All unincorporated lands designated by the State
storage area shall be equipped with an approved automatic Board of Forestry and Fire Protection as State Responsibility
sprinkler system in accordance with Section 2704.5. Areas (SRA) including:
Exceptions Deleted (Ord. 2072, (part), 2010; Ord. 1.1. Moderate Fire Hazard Severity Zones
2020, (part), 2007) 1.2. High Fire Hazard Severity Zones
1.3. Very -High Fire Hazard Severity Zones
16.40.440 Use.
2. Land designated as a Very -High Fire Hazard
Add Section 4105.3.1 to read: Severity Zone or as a Wildland Urban Interface Fire Area
by the City of Cupertino. (Ord. 10 -2072, (part), 2010)
4105.3.1 Silane distribution systems automatic
shutdown. Silane distribution systems shall automatically 16.40.480 Defensible space.
shut down at the source upon activation of the gas detection
system at levels above the alarm level and /or failure of the Amend Section 4907.1 to read:
ventilation system for the silane distribution system. (Ord.
2072, (part), 2010) 4907.1 General. Defensible space will be maintained
around all buildings and structures in Sate Responsibility
Area (SRA) as required in Public Resources Code 4290 and
REQUIREMENTS FOR WILDLAND -URBAN "SRA Fire Safe Regulations" California Code of
INTERFACE FIRE AREAS Regulations, Title 14, Division 1.5, Chapter 7, Subchapter
2, Section 1270.
16.40.460 Definitions. Buildings and structures within the Very -High Fire
Amend definition of Wildland -Urban Interface Fire Hazard Severity Zones of a Local Responsibility Area
Area as follows: (LRA) shall maintain defensible space as outlined in
Government Code 51175 - 51189 and any local ordinance of
Wildland -Urban Interface Fire Area is a the authority having jurisdiction.
geographical area identified by the state as a "Fire Hazard
Severity Zone" in accordance with the Public Resources Persons owning, leasing, controlling, operating or
Code Sections 4201 through 4204 and Government Code maintaining buildings or structures in the locally adopted
Sections 51175 through 51189, or other areas designated by Wildland -Urban Interface Fire Area but that are not within
the enforcing agency to be at a significant risk from the Very -High Fire Hazard Severity Zone and persons
wildfires. See Article 86B for the applicable referenced owning, leasing or controlling land adjacent to such
sections of the Government Code and the Public Resources buildings or structures, shall at all times:
Code. The Wildland -Urban Interface Fire Area shall be
2010 S -27
16.40.475 Cupertino - Buildings and Construction 74
1. Maintain an effective defensible space by vegetation, climatic conditions and fire history. The plan
removing and clearing away flammable vegetation and shall address water supply, access, building ignition and
combustible growth from areas within 30 feet (9144 mm) of fire- resistance factors, fire protection systems and
such buildings or structures. equipment, defensible space and vegetation management.
Exception: Single specimens of trees, ornamental 4908.3 Cost. The cost of fire protection plan
shrubbery or similar plants used as ground covers, provided preparation and review shall be the responsibility of the
that they do not form a means of rapidly transmitting fire applicant.
from the native growth to any structure.
4908.4 Plan Retention. The fire protection plan shall
2. Maintain additional effective defensible space by be retained by the fire code official. (Ord. 2072, (part),
removing brush, flammable vegetation and combustible 2010)
growth located 30 feet to 100 feet (9144 mm to 30480 mm)
when required by the fire code official due to steepness of 16.40.490 Access.
terrain or other conditions that would cause a defensible Add Section 4909 to read:
space of only 30 feet (9144 mm) to be insufficient.
4909.1 General. Buildings and structures, or portions
Exception: Grass and other vegetation located more thereof, hereafter constructed or relocated into or within the
than 30 feet (9144 mm) from buildings or structures and less Wildland -Urban Interface Fire Area shall be provided with
than 18 inches (457 mm) in height above the ground need fire apparatus access in accordance with Chapter 5 and
not be removed where necessary to stabilize the soil and Section 4909.2.
prevent erosion.
4909.2 Driveways. Driveways in excess of 150 feet
3. Remove portions of trees, which extend within 10 (45 720 mm) in length shall be provided with turnarounds.
feet (3048 mm) of the outlet of a chimney. Driveways in excess of 200 feet (60 960 mm) in length and
less than 20 feet (6096 mm) in width shall be provided with
4. Maintain trees adjacent to or overhanging a turnouts in addition to turnarounds. An all- weather surface
building free of deadwood; and shall be any surface material acceptable to the code official.
5. Maintain the roof of a structure free of leaves, A driveway shall not serve in excess of two dwelling
needles or other dead vegetative growth. units.
Add Section 4907.2 to read: Exception: When such driveways meet the
requirements for an access road in accordance with this
4907.2 Corrective Actions. The executive body is chapter.
authorized to instruct the fire code official to give notice to
the owner of the property upon which conditions regulated Driveway turnarounds shall be in accordance with Fire
by Section 4907.1 exist to correct such conditions. If the Department Standards. Driveways that connect with a road
owner fails to correct such conditions, the executive body is or roads at more than one point may be considered as having
authorized to cause the same to be done and make the a turnaround if all changes of direction meet the radii
expense of such correction a lien upon the property where requirements for driveway turnarounds.
such condition exists. (Ord. 2072, (part), 2010; Ord. 2020,
(part), 2007) Driveway turnouts shall be an all- weather road surface
at least 10 feet (3048 mm) wide and 30 feet (9144 mm)
16.40.485 Fire Protection Plan. long. Driveway turnouts shall be located as required by the
Add Section 4908 to read: code official.
4908.1 General. When required by the code official, Vehicle load limits shall be posted at both entrances to
a fire protection plan shall be prepared. bridges on driveways and private roads. Design loads for
bridges shall be established by the code official. (Ord. 2072,
4908.2 Content. The plan shall be based upon a (part), 2010; Ord. 2020, (part), 2007)
site - specific wildfire risk assessment that includes
considerations of location, topography, aspect, flammable
2010 S -27
74A Fire Code 16.40.500
16.40.500 Water supply. Exception: Single specimens of trees, ornamental
Add Section 4910 to read: vegetative fuels or cultivated ground cover, such as green
grass, ivy, succulents or similar plants used as ground cover,
4910.1 General. Buildings and structures, or portions provided they do not form a means of readily transmitting
thereof, hereafter constructed or relocated into or within the fire.
Wildland -Urban Interface Fire Area shall be provided with
fire protection water supplies in accordance with Chapter 5 4911.3 Access Restrictions
and Sections 4910.2 and 4910.3.
4911.3.1 Restricted Entry To Public Lands. The
Exception: Buildings containing only private garages, code official is authorized to determine and publicly
carports, sheds and agricultural buildings with a building announce when the Wildland -Urban Interface Fire Area
area of not more than 500 square feet (56 m shall be closed to entry and when such areas shall again be
opened to entry. Entry on and occupation of the
4910.2 Clearance of Fuel. Defensible space shall be Wildland -Urban Interface Fire Area, except public
provided around water tank structures, water supply pumps roadways, inhabited areas or established trails and campsites
and pump houses in accordance with Section 4907. that have not been closed during such time when the
wildland -urban interface area is closed to entry, is
4910.3 Standby Power. Stationary water supply prohibited.
facilities within the wildland -urban interface area dependent
on electrical power to meet adequate water supply demands Exception:
shall provide standby power systems in accordance with the 1. Residents and owners of private property within
Electrical Code to ensure that an uninterrupted water supply the Wildland -Urban Interface Fire Area and their
is maintained. The standby power source shall be capable of invitees and guests going to or being on their
providing power for a minimum of two hours. lands.
2. Entry, in the course of duty, by peace or police
Exception: officers, and other duly authorized public
officers, members of a fire department and
1. When approved by the code official, a standby members of the Wildland Firefighting Service.
power supply is not required where the primary power
service to the stationary water supply facility is 4911.3.2 Use of Fire Roads and Defensible Space.
underground. Motorcycles, motor scooters and motor vehicles shall not be
driven or parked on, and trespassing is prohibited on, fire
2. A standby power supply is not required where the roads or defensible space beyond the point where travel is
stationary water supply facility serves no more than one restricted by a cable, gate or sign, without the permission of
single - family dwelling. (Ord. 2072, (part), 2010; Ord. the property owners. Vehicles shall not be parked in a
2020, (part), 2007) manner that obstructs the entrance to a fire road or
defensible space.
16.40.560 General requirements for suppression
and control. Exception: Public officers acting within their scope of
Add Section 4911 to read: duty. Radio and television aerials, guy wires thereto, and
other obstructions shall not be installed or maintained on fire
4911.1 Scope. The provisions of this chapter establish roads or defensible spaces, unless located 16 feet (4877 mm)
general requirements applicable to new and existing or more above such fire road or defensible space.
properties located within the Wildland -Urban Interface Fire
Area. 4911.3.3 Use of Motorcycles, Motor Scooters, Ultra
light Aircraft and Motor Vehicles. Motorcycles, motor
4911.2 Clearance of Brush or Vegetative Growth scooters, ultra light aircraft and motor vehicles shall not be
From Roadways. The code official is authorized to require operated within the Wildland -Urban Interface Fire Area,
areas within 10 feet (3048 mm) on each side of portions of without a permit by the code official, except on clearly
fire apparatus access roads and driveways to be cleared of established public or private roads. Permission from the
non - fire - resistive vegetation growth. property owner shall be presented when requesting a permit.
2010 S -27
16.40.650 Cupertino - Buildings and Construction 74B
4911.3.4 Tampering with Locks, Barricades, Signs 4913.1 General. No person shall build, ignite or
And Address Markers. Locks, barricades, seals, cables, maintain any outdoor fire of any kind for any purpose in or
signs and address markers installed within the on any Wildland -Urban Interface Fire Area, except by the
Wildland -Urban Interface Fire Area, by or under the control authority of a written permit from the code official.
of the code official, shall not be tampered with, mutilated,
destroyed or removed. Exception: Outdoor fires within inhabited premises or
designated campsites where such fires are in a permanent
Gates, doors, barriers and locks installed by or under barbecue, portable barbecue, outdoor fireplace or grill and
the control of the code official shall not be unlocked. (Ord. are a minimum of 30 feet (9144 mm) from any combustible
2072, (part), 2010; Ord. 2020, (part), 2007) material or non -fire- resistive vegetation.
16.40.650 Ignition Source Control. 4913.2 Permits. Permits outdoor fires shall incorporate
such terms and conditions that will reasonably safeguard
Add Section 4912 to read: public safety and property. Outdoor fires shall not be built,
ignited or maintained in Wildland Urban Interface Fire
4912.1 General. Ignition sources shall be in Areas under the following conditions:
accordance with Section 4912. 1. When high winds are blowing,
2. When a person 17 years old or over is not present
4912.2 Clearance from Ignition Sources. Clearance at all times to watch and tend such fire, or
between ignition sources and grass, brush or other 3. When a public announcement is made that open
combustible materials shall be maintained a minimum of 30 burning is prohibited.
feet (9144 mm).
4913.3 Restrictions. No person shall use a permanent
4912.3 Smoking. When required by the code official, barbecue, portable barbecue, outdoor fireplace or grill for
signs shall be posted stating NO SMOKING. No person the disposal of rubbish, trash or combustible waste material.
shall smoke within 15 feet (4572 mm) of combustible
materials or non -fire- resistive vegetation. 4913.4 Outdoor Fireplaces, Permanent Barbecues and
Grills. Outdoor fireplaces, permanent barbecues and grills
Exception: shall not be built, installed or maintained in the
Places of habitation or in the boundaries of established Wildland -Urban Interface Fire Area without approval of the
smoking areas or campsites as designated by the code Building or Fire Code Official.
official.
Outdoor fireplaces, permanent barbecues and grills
4912.4 Equipment and Devices Generating Heat, shall be located a minimum of 30 feet (9144 mm) from any
Sparks or Open Flames. Equipment and devices generating combustible material or non -fire- resistive vegetation and
heat, sparks or open flames capable of igniting nearby shall be maintained in good repair and in a safe condition at
combustibles shall not be used in the Wildland -Urban all times. Openings in such appliances shall be provided with
Interface Fire Area without a permit from the code official. an approved spark arrestor, screen or door. For the purposes
of this section, ignition- resistant material shall not be
Exception: Use of approved equipment in habitated considered to be combustible material.
premises or designated campsites that are a minimum of 30
feet (9144 mm) from grass -, grain -, brush- or Exception:
forest - covered areas. When approved by the Building or Fire Code Official,
unprotected openings in barbecues and grills necessary for
4912.5 Fireworks. Fireworks shall not be used or proper functioning. (Ord. 2072, (part), 2010)
possessed in the Wildland -Urban Interface Fire Area. (Ord.
2072, (part), 2010) 16.40.670 Liquified Petroleum Gas Installations.
16.40.660 Outdoor Fires. Add Section 4914 to read:
Add Section 4913 to read: 4914.1 Vegetation Clearance around
Tanks /Containers. Flammable vegetation shall be cleared
2010 S -27
74C Fire Code 16.40.680
a minimum of 30 feet around liquefied petroleum gas 16.40.700 Protection of Pumps and Water Storage
tanks /containers. (Ord. 2072, (part), 2010) Facilities.
16.40.680 Storage of Firewood and Combustible Add Section 4917 to read:
Materials.
4917.1 Clearance of Flammable Vegetation.
Add Section 4915 to read: Flammable vegetation shall be cleared a minimum of 30 feet
from water storage equipment and pumping facilities. (Ord.
4915.1 General. Firewood and combustible materials 2072, (part), 2010)
shall not be stored in unenclosed spaces beneath buildings or
structures, or on decks or under eaves, canopies or other
projections or overhangs. The storage of firewood and
combustible material within the defensible space shall be
located a minimum of 30 feet (6096 mm) from structures
and separated from the crown of trees by a minimum
horizontal distance of 15 feet (4572 mm).
4915.2 Storage for Off -Site Use. Firewood and
combustible materials not for consumption on the premises
shall be stored as approved by the fire code official. (Ord.
2072, (part), 2010)
16.40.690 Dumping.
Add Section 4916 to read:
4916.1 Waste Material. Waste material shall not be
placed, deposited or dumped in the Wildland -Urban
Interface Fire Area, or in, on or along trails, roadways or
highways or against structures in the Wildland -Urban
Interface Fire Area.
Exception: Approved public and approved private
dumping areas.
4916.2 Ashes And Coals. Ashes and coals shall not be
placed, deposited or dumped in or on the Wildland -Urban
Interface Fire Area.
Exception:
1. In the hearth of an established fire pit, camp
stove or fireplace.
2. In a noncombustible container with a tight fitting
lid, which is kept or maintained in a safe location
not less than 10 feet (3048 mm) from
non -fire- resistive vegetation or structures.
3. Where such ashes or coals are buried and
covered with 1 foot (305 mm) of mineral earth
not less than 25 feet (7620 mm) from
non -fire- resistive vegetation or structures. (Ord.
2072, (part), 2010)
2010 S -27
16.54.010
CHAPTER 16.54: ENERGY CODE ADOPTED
Section
16.54.010 Code adoption.
16.54.010 Code Adoption.
The provisions of the 2010 California Energy Code and
each and all of the regulations, provisions, conditions and
terms of the code is referred to as if fully set forth in this
chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office
of the Building Official pursuant to Health and Safety Code
Section 18942 (d) (1) and are made available for public
inspection. (Ord. 2072, (part), 2010)
2010 S -27 92A
16.58.010
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED
Section
16.58.010 Code adoption.
16.58.015 Adoption of appendix chapters.
16.58.020 City of Cupertino's Green Building
Ordinance requirements.
16.58.010 Code Adoption.
The provisions of the 2010 California Green Building
Standards Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as
if fully set forth in this chapter, and is by such reference
adopted.
One (1) copy of the code therefore is on file in the
office of the Building Official pursuant to Health and Safety
Code Section 18942 (d) (1) and are made available for
public inspection. (Ord. 2072, (part), 2010)
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2010 California Green
Building Standards Code have been adopted. (Ord. 2072,
(part), 2010)
16.58.020 City of Cupertino's Green Building
Ordinance Requirements.
Notwithstanding the provisions of this code, refer to
the adopted City of Cupertino's Green Building Ordinance
for additional sustainability requirements. (Ord. 2072,
(part), 2010)
2010 S -27 94A
16.72.010
CHAPTER 16.72: RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE
Section
16.72.010 Findings of the City Council 2. "Construction" means the building of any facility
16.72.020 Definitions or structure or any portion thereof including tenant
16.72.030 Covered Projects improvements to an existing facility or structure.
16.72.040 Diversion Requirements 3. "Construction" and "demolition debris" or "C &D
16.72.050 Information Required Before Issuance debris" means materials resulting from the construction,
of Permit remodeling, or demolition of buildings of other structures.
16.72.060 Administrative Fee "Construction and demolition debris" includes, but is not
16.72.070 Reporting limited to, asphalt, rock and dirt related to construction,
remodeling, repair, or demolition operations on any
16.72.010 Findings of the City Council. pavement, house, commercial building, or other structure.
A. Under California law as embodied in the 4. "Covered project" means project meeting the
California Waste Management Act of 1989 (California specifications of § 16.72.030 of this section.
Public Resources Code Sections 40000 et seq.), the city is 5. "Demolition" means the decimating, razing,
required to prepare, adopt and implement source reduction ruining, tearing down or wrecking of any facility, structure,
and recycling plans to reach landfill diversion goals, and is pavement or building, whether in whole or in part, whether
required to make substantial reductions in the volume of interior or exterior.
waste materials going to the landfills; 6. "Director of Public Works" shall be the Director
B. In order to meet these goals it is necessary that of Public Works and his or her duly authorized agents and
the city promote the reduction of solid waste, and reduce the representatives.
stream of solid waste going to landfills; and 7. "Divert" means to reuse material so it is not
C. Waste from construction, demolition, and disposed of in a landfill or incinerated.
renovation of buildings represents a significant portion of the 8. "Diversion requirement" means the diversion of
volume of waste presently coming from the city and much a percentage, as determined from time to time by the
of this waste is particularly suitable for recycling and reuse; Director of Public Works, of the total construction and
D. The city's commitment to the reduction of waste demolition debris generated by a project via reuse or
requires the establishment of programs for recycling and recycling.
salvaging of construction and demolition (C &D) waste. 9. "Project" means any activity, which requires an
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008) application for a building or demolition permit, or any
similar permit from the city.
16.72.020 Definitions. 10. "Recycling" means the process of collecting,
For the purposes of this chapter, the following words sorting, cleansing, treating, and reconstituting materials that
and phrases shall have the meanings ascribed to them by this would otherwise become solid waste, and returning them to
section, unless the context or the provision clearly requires the economic mainstream in the form of raw material for
otherwise. new, reused, or reconstituted products which meet the
1. "Applicant" means any individual, firm, limited quality standards necessary to be used in the marketplace.
liability company, association, partnership, political 11. "Renovation" means any change, addition, or
subdivision, government agency, municipality, industry, modification in an existing structure.
public or private corporation, or any other entity whatsoever 12. "Reuse" means further or repeated use of
who applies to the City for the applicable permits to construction or demolition debris.
undertake construction, demolition, or renovation project 13. "Salvage" means the controlled removal of
within the City. construction or demolition debris from a permitted building
2010 S -27 99
16.72.020 Cupertino - Buildings and Construction 100
or demolition site for the purpose of recycling, reuse, or A. The estimated volume or weight of project
storage for later recycling or reuse. construction and demolition debris, by material type, to be
14. "Waste Management plan" means a plan, generated;
prepared in a form approved by the Director of Public B. The maximum volume or weight of such materials
Works, that identifies the amounts of all construction and that can feasibly be diverted via reuse or recycling;
demolition debris generated by the project, the amounts C. The vendor that the applicant proposes to use to
recycled or diverted, and the intended City- approved haul the materials must be consistent with the franchise
salvage, reuse, and recycling facilities. Copies of currently in effect pursuant to the provisions of Chapter
supporting documentation shall be required and included as 6.24;
a part of the final construction and demolition debris D. The facility to which the materials will be hauled
recycling reporting. (Ord. 2070 § 1 (part), 2010; Ord. 2022 will be one approved by the city;
(part), 2008) E. The estimated volume or weight of construction
and demolition debris that will be land - filled. In estimating
16.72.030 Covered Projects. the volume or weight of materials identified in the waste
A. All construction, demolition and renovation management plan, the applicant shall use the standardized
projects within the city, which involve the construction, conversion rates approved by the City for this purpose.
demolition or renovation of 3,000 square feet or more, shall Approval of alternative facilities or special salvage or reuse
comply with this section. For the purposes of determining options may be requested of the Director of Public Works.
whether a project meets the foregoing thresholds, all phases Approval by the Director of Public Works, or designee, of
of a project and all related projects taking place on single or the Waste Management Plan as complying with this chapter
adjoining parcels, as determined by the Director of Public shall be a condition precedent to the issuance of any building
Works, shall be deemed a single project. or demolition permit for a covered project. (Ord. 2070 § 1
B. Compliance with this chapter shall be listed as a (part), 2010; Ord. 2022 (part), 2008)
condition of approval on any building or demolition permit
issued for a covered project. 16.72.060 Administrative Fee.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008) As a condition precedent to the issuance of any
building or demolition permit for a covered project, the
16.72.040 Diversion Requirement. applicant shall pay to the City any required application fee
A. Applicants for any covered project are required as set forth in the municipal fee schedule. (Ord. 2070 § 1
to recycle or divert at least 60% of all generated C &D (part), 2010; Ord. 2022 (part), 2008)
tonnage from demolition projects to an approved facility or
by salvage. 16.72.070 Reporting.
B. If an Applicant for a Covered Project experiences Within 60 days after the completion of any covered
circumstances that the Applicant believes make it impossible project, the applicant shall submit to the Public Works
to comply with the Diversion Requirement, the Applicant Department a final completed Waste Management Plan
shall submit written justification with the Waste including reporting documentation demonstrating that the
Management Plan. The Director of Public Works will applicant has met the diversion requirement for the project.
determine, in writing, whether any diversion requirements Documentation shall consist of a final completed report in a
shall be waived in whole or in part on grounds of format prescribed by the City and shall comply with the
impracticability or impossibility. (Ord. 2070 § 1 (part), requirements of this chapter. Copies of all facility weight
2010; Ord. 2022 (part), 2008) tickets and /or disposal receipts must be submitted with the
report. Failure to comply with the reporting requirement
16.72.050 Information Required Before Issuance of may delay approval of the final inspection or the recovery of
Permit. any bond or deposit held by the City. (Ord. 2070 § 1 (part),
Every applicant shall submit a properly completed 2010; Ord. 2022 (part), 2008)
"Waste Management Plan" on a form prescribed by the city,
as a portion of the building or demolition permit application
process for a covered project. The Waste Management Plan
shall indicate the following:
2010 S -27
16.80.010
CHAPTER 16.80: SAFETY ASSESSMENT PLACARDS
Section
16.80.010 Intent. 2. RESTRICTED USE is to be posted on each
16.80.020 Application of Provisions. building or structure that has been damaged wherein the
16.80.030 Definitions. damage has resulted in some form of restriction to the
16.80.040 Placards. continued occupancy. The individual who posts this placard
will note in general terms the type of damage encountered
16.80.010 Intent. and will clearly and concisely note the restrictions on
continued occupancy.
This chapter establishes standard placards to be used to 3. UNSAFE - Do Not Enter or Occupy is to be
indicate the condition of a structure for continued posted on each building or structure that has been damaged
occupancy. The chapter further authorizes the Building such that continued occupancy poses a threat to life safety.
Official and his or her authorized representatives to post the Buildings or structures posted with this placard shall not be
appropriate placard at each entry point to a building or entered under any circumstance except as authorized in
structure upon completion of a safety assessment. (Ord. writing by the Building Official, or his or her authorized
2072, (part), 2010) representative. Safety assessment teams shall be authorized
to enter these buildings at any time. This placard is not to
16.80.020 Application of Provisions. be used or considered as a demolition order. The individual
who posts this placard will note in general terms the type of
The provisions of this chapter are applicable to all damage encountered.
buildings and structures of all occupancies regulated by the This ordinance number, the name of the jurisdiction,
City of Cupertino. The Council may extend the provisions its address, and phone number shall be permanently affixed
as necessary. (Ord. 2072, (part), 2010) to each placard.
Once it has been attached to a building or structure, a
16.80.030 Definitions. placard is not to be removed, altered or covered until done
so by an authorized representative of the Building Official.
Safety assessment is a visual, non - destructive It shall be unlawful for any person, firm or corporation to
examination of a building or structure for the purpose of alter, remove, cover or deface a placard unless authorized
determining the condition for continued occupancy. (Ord. pursuant to this section. (Ord. 2072, (part), 2010)
2072, (part), 2010)
16.80.040 Placards.
The following are verbal descriptions of the official
jurisdiction placards to be used to designate the condition for
continued occupancy of buildings or structures. Copies of
actual placards are attached in Exhibit A.
1. INSPECTED - Lawful Occupancy Permitted is to
be posted on any building or structure wherein no apparent
structural hazard has been found. This placard is not
intended to mean that there is no damage to the building or
structure.
2010 S -27 103
Cupertino - Buildings and Construction 104
INSPECTED
LAWFUL OCCUPANCY PERMITTED
This structure has been inspected (as indicated Date:
below) and no apparent structural hazard has
been found. Time:
(Caution: Aftershocks since inspection may
❑ Inspected Exterior Only increase damage and risk.)
❑ Inspected Exterior and Interior This facility was inspected under emergency
Report any unsafe condition to local authorities; conditions for:
reinspection may be required. City of Cupertino
10300 Torre Ave.
Inspector Comments: Cupertino, CA 95014
(408) 777 -3228 phone
(408) 777 -3333 fax
Inspector ID /Agency:
Facility Name and Address:
Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official
(Cupertino Municipal Code Section 16.80.030)
Cupertino Building Department • 10300 Torte Ave. Cupertino, CA 95014 • (408) 333 - 3228 • www,cunertino ono/building
PDF created with pdfFactory Pro trial version www.odffactorv.com
2010 S -27
•
105 Safety Assessment Placards
RESTRICTED USE
Caution: This Structure has been inspected Date:
and found to be damaged as described
below: Time:
(Caution: Aftershocks since inspection may
increase damage and risk.)
This facility was inspected under emergency
conditions for:
•
Entry, occupancy and lawful use are City of Cupertino
restricted as indicated below: 1030o Torre Ave.
Cupertino, CA 95014
(408) 777 -3228 phone
(408) 777 -3333 fax
Inspector ID /Agency:
Facility Name and Address:
Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official
(Cupertino Municipal Code Section 16.80.030)
Cupertino Building Department • 10300 Torre Ave. Cupertino, CA 95014 • (408) 333 • yrww.cuoertino.om/buildinq
PDF created with pdfFactory Pro trial version www.odffactorv.corp
2010 S -27
Cupertino - Buildings and Construction 106
UNSAFE
DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
This structure has been inspected, found to Date:
be seriously damaged and is unsafe to
occupy, as described below: Time:
This facility was inspected under emergency
• conditions for:
Do not enter, except as specifically City of Cupertino
authorized in writing by the Jurisdiction. 10300 uper Torre Ave.
Entry may result in death or injury. (408) 777 -- 32222 77 777 phone n
9p
(408) 7
(408) 777 -3333 fax
Facility Name and Address: Inspector ID /Agency:
Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official
(Cupertino Municipal Code Section 16.80.030)
Cupertino Building Department • 10300 Torte Ave. Cupertino, CA 95014 • (408) 333 - 3228 • pww,cunertino.ora/buildinq
PDF created with pdfFactory Pro trial version www.odffactorv.corn
2010 S-27
31 Comprehensive Ordinance List
Ord. No. Ord. No.
1704 Adds intersection to § 11.20.030 and repeals §§ 9.06.120, 9.06.130,
deletes intersection from § 11.20.020, 9.06.140 and 9.06.150, massage
stop signs (11.20) establishments and services (9.06)
1705 Adds §§ 5.28.045, 5.28.165 and 1713 Rezone (Special)
5.28.175, taxicabs; amends 1714 Amends Ch. 2.74, Cupertino
§§ 2.80.020(A), fine arts commission, telecommunications commission (2.74)
3.04.040, revenue and fmance, 1715 Amends §§ 14.18.020, 14.18.030,
3.08.090, sales and use tax, 14.18.140, 14.18.170, heritage and
3.12.020(G), transient occupancy tax, specimen trees, and 19.48.110B,
5.16.040, 5.16.050, garage and patio zoning (14.18, 19.48)
sales, 5.28.070(F), (G), (H) and (N), 1716 Rezone and prezone (Special)
5.28.080, 5.28.100, 5.28.110, 1717 Rezone (Special)
5.28.130(A), 5.28.170, taxicabs, 1718 Amends § 11.24.160, stopping,
5.32.020, 5.32.030, 5.32.050, standing and parking (11.24)
5.32.060, 5.32.080, 5.32.110, 1719 (Number not used)
5.32.160, 5.32.190, 5.32.200(C), 1720 Adds subsection M to § 17.16.010 and
5.32.280(B) and (C), 5.32.300(A) and E to § 17.32.060; amends
(B), bingo, 5.40.010, 5.40.020, §§ 17.32.060(C) and (D) and
5.40.030 and the title of Ch. 5.40, 17.32.070(E), signs (17.16, 17.32)
secondhand dealers and pawnbrokers; 1721 Rezone (Special)
repeals §§ 3.04.050, 3.04.060, 1722 Adds §§ 5.28.070(0), 5.28.100(E),
3.04.070, 3.04.080, 3.08.130, 5.28.165(D) and (E); amends
3.08.140, Ch. 3.09, 3.12.030(B), Ch. §§ 2.74.010, 2.74.020(A), 2.74.040,
3.16, Ch. 3.20, 3.32.100, 3.34.180, 2.74.050, 2.74.060, 2.74.070,
5.04.220, 5.04.520, Ch. 5.08, 2.86.010, 2.86.020, 2.86.030,
5.16.042, Ch. 5.24, 5.32.070, Ch. 2.86.060, 2.86.070, 2.86.100,
5.36, 5.40.040, 5.40.050, 5.40.060 2.86.110, 2.86.120, 5.28.070(N),
and 5.40.070 (2.80, 3.04, 3.08, 3.12, 5.28.180 and titles of Chs. 2.74 and
5.16, 5.28, 5.32, 5.40) 2.86; repeals Chs. 6.04 and 9.16 and
1706 Repeals and replaces Ch. 16.04, §§ 2.74.080(B), 3.08.190, 3.08.200,
building code adopted (16.04) 6.08.080, 6.08.090, 6.08.100,
(16.04.110, 16.04.140, Repealed by 6.12.080, 6.12.090, 6.12.100,
Ord. 2021; 16.04.170, 16.04.180, 6.16.060, 6.20.060, 6.24.350,
Repealed by Ord. 2072) 9.08.120, 9.12.140 and article titles of
1707 Repeals and replaces Ch. 16.16, Ch. 9.12 (2.74, 2.86, 3.08, 5.28,
electrical code adopted (16.16) 9.12)
1708 Repeals and replaces Ch. 16.20, 1723 Amends § 3.32.040, construction tax
plumbing code adopted (16.20) (3.32)
1709 Repeals and replaces Ch. 16.24, 1724 Amends § 11.24.150, parking (11.24)
mechanical code adopted (16.24) 1725 Adds § 19.40.145 and amends the
1710 Repeals and replaces Ch. 16.56, defmitions section of Ch. 19.08
uniform housing code adopted (16.56) [§ 19.08.030] and §§ 19.40.020,
1711 Repeals and replaces Ch. 16.40, fire 19.40.050(B) and (F)(1), 19.40.060(C)
code (Repealed by 1828) and (F)[E], 19.40.070(A) and
1712 Urgency ordinance; adds 19.40.140, zoning (19.08, 19.40)
§§ 9.06.090(B)(7) and (8), 9.06.245 1726 (Not passed)
and 9.06.275; amends §§ 9.06.010(A), 1727 Amends § 11.24.150, parking (11.24)
9.06.020(E) and (G), 9.06.040, 1728 Amends §§ 2.16.010, 2.16.020 and
9.06.070(2), 9.06.080, 9.06.090(B), 2.16.030, city council salaries (2.16)
9.06.110(B), 9.06.160, 9.06.170, 1729 Amends § 11.24.150, parking (11.24)
9.06.230, 9.06.240 and 9.06.260; and
2010 S -27
Cupertino - Comprehensive Ordinance List 32
Ord. No. Ord. No.
1730 Amends § 11.20.020, stop signs 1732 Rezone (Special)
(11.20) 1733 Mobile vendor permits (5.48)
1731 Adds §§ 11.27.145, 14.12.035, 1734 Rezone (Special)
14.12.055, 14.12.085, 14.12.090, 1735 Rezone (Special)
14.12.110 and 14.12.120; amends 1736 Amends Ch. 19.108 entirely, wireless
§§ 5.44.060, 5.44.060(F), 10.26.090, communications facilities (19.108)
10.26.100, 10.26.110, 10.26.120(A) 1737 Amends Ch. 19.100 entirely, parking
and (B), 10.26.130, 10.26.150, regulations (19.100)
10.44.030, 10.44.040(A), 1738 Rezone (Special)
10.44.050(A), 10.44.055(A), 1739 Amends § 11.08.260, bicycles (11.08)
10.44.056(A), 10.44.060, 1740 Amends § 11.08.250, bicycles (11.08)
10.44.075(A), 10.44.080, 10.44.090, 1741 Amends § 11.24.150, parking (11.24)
10.44.100, 10.44.120, 10.44.140, 1742 Adds new § 16.04.080, residential
10.44.150(A), (B), (C) and (E), roofing and renumbers §§ 16.04.080 --
10.44.160, 10.46.050, 10.76.020, 16.04.160 to be 16.04.090 -- 16.04.160,
11.08.250, 11.08.260, 11.10.016, building code provisions (16.04)
Table 11.12.030, 11.27.010, (16.04.110, 16.04.140 Repealed by
11.32.090, 14.05.070, 14.12.010, Ord. 2021; 16.04.170 Repealed by
14.12.140 and 19.52.060(C); Ord. 2072)
renumbers Ch. 5.44 as Ch. 19.106; 1743 Amends § 11.24.150, parking (11.24)
renumbers prior §§ 14.12.090, 1744 Not enacted
14.12.110 and 14.12.120 to 1745 Amends § 11.08.250, bicycle lanes
§§ 14.12.095, 14.12.130 and (11.08)
14.12.140; deletes T. 10 division titles 1746 Rezone (Special)
and Ch. 10.48 article titles; repeals 1747 (Not passed)
§§ 3.08.180, 3.08.190, 3.08.200, 1748 Rezone (Special)
3.22.080, 3.23.180, 3.25.100, 1749 Rezone (Special)
3.32.090, 3.24.240, 3.36.210, 1750 Rezone (Special)
5.20.160, 5.28.230, 5.32.340, 1751 (Not enacted)
5.44.080, 6.24.340, 6.28.150, 1752 (Not enacted)
9.06.280, 9.12.134, 9.18.140, 1753 Amends specific plan (Special)
9.20.320, 10.10.040, 10.21.140, 1754 Rezone (Special)
10.24.070, 10.25.100, Ch. 10.26 1755 Adds § 17.04.030; amends
Editor's note, 10.26.160, Ch. 10.28, §§ 17.32.010, 17.32.040 and
§§ 10.44.090(C), 10.44.170, 17.32.090, zoning (17.04, 17.32)
10.46.080, 10.46.090, 10.48.063, 1756 Rezone (Special)
10.56.060, 10.68.040, Chs. 10.70, 1757 Adds Ch. 2.06, city council campaign
10.82 and 11.16, §§ 11.20.040, finance (2.06) (Repealed by Ord.
11.29.060, 11.37.080, Ch. 11.38, 1956)
§§ 14.05.130, 14.05.140, 14.12.040, 1758 Adopts interim measures to protect
Ch. 14.16, §§ 14.18.230(B) and (C), structures from demolition of
14.18.240, 15.20.101, 16.04.160, potentially historic sites (Not codified)
16.08.030, 16.24.050, 16.28.080, 1759 Amends § 11.08.250, bicycle lanes
16.32.090, 17.56.010, 19.40.150, (11.08)
19.81.070, 19.82.080, 19.116.350, 1760 Amends § 11.26.110, parking (11.26)
20.02.030 and 20.04.070, various 1761 Adopts interim measures to protect
subjects (10.26, 10.44, 10.46, 10.76, structures from demolition of
11.08, 11.10, 11.12, 11.27, 11.32, potentially historic sites (Not codified)
14.05, 14.12, 19.106) 1762 Amends § 11.20.030, stop signs
(11.20)
1763 (Pending)
2010 S -27
35 Comprehensive Ordinance List
Ord. No. Ord. No.
19.132 and 19.134, design review 1868 Amends Ch. 19.28, zoning (19.28)
committee (2.32, 2.90, 16.28, 17.44, 1869 Adds § 3.25.100, transfer of surplus
19.28, 19.32, 19.36, 19.48, 19.56, supplies and equipment (3.25)
19.60, 19.64, 19.80, 19.132, 19.134) 1870 Amends § 11.08.250, bicycle lanes
1845 Prezone (Special) designated (11.08)
1846 Amends contract with California 1871 Amends entirety of Ch. 10.48,
Public Employees' Retirement System community noise control (10.48)
(Special) 1872 Amends § 11.08.260, bicycle routes
1847 Repeals and replaces § 11.34.030, designated (11.08)
warrants for the installation and 1873 Amends § 11.08.250, bicycle lanes
maintenance of road bumps (11.34) designated (11.08)
1848 Amends § 11.08.250, bicycle lanes 1874 Amends §§ 2.88.010 and 2.88.020,
(11.08) audit committee (2.88)
1849 Prezone (Special) 1875 Amends entirety of Ch. 9.06, massage
1850 Adopts redevelopment plan for establishments and services (9.06)
Cupertino Vallco redevelopment 1876 Amends § 11.20.020, vehicular stop
project (Not codified) required at certain intersections
1851 Amends § 11.24.150, traffic (11.24) (11.20)
1852 Rezone (Special) 1877 Amends Ch. 2.06, campaign finance
1853 Adds § 18.24.115; amends (2.06) (Repealed by Ord. 1956)
§ 14.05.010, park maintenance and 1878 Prezone (Special)
dedication fees (14.05, 18.24) 1879 Prezone (Special)
1854 Adds Ch. 10.80, solicitation 1880 Rezone (Special)
prohibitions on designated public 1881 Amends Ch. 2.16, city council
rights -of -way (10.80) compensation (2.16)
1855 Amends § 11.20.030B, all directional 1882 Amends § 11.24.170, parking
vehicular stops required at certain limitations (11.24)
intersections (11.20) 1883 Not used
1856 Amends § 11.08.250, bicycle lanes 1884 Amends § 11.24.170, parking (11.24)
designated (11.08) 1885 Amends Ch. 2.06, campaign finance
1857 Amends §§ 11.24.150 and 11.24.170, (2.06) (Repealed by Ord. 1956)
parking restrictions (11.24) 1886 Adds §§ 5.32.360, 8.01.170,
1858 (Not passed) 8.03.035, 8.03.130, 8.05.100,
1859 Amends § 11.24.150, parking 8.06.040, 8.09.040 and 16.40.400;
restrictions (11.24) amends Ch. 11.32 footnote, Ch. 19.48
1860 Amends Ch. 19.28, single - family and §§ 1.12.010, 5.04.280 - 5.04.450,
residential zones (19.28) 5.32.160, 8.01.030, 8.03.010,
1861 Rezone (Special) 8.03.030, 8.07.100, 8.11.140,
1862 Amends § 11.24.160, stopping, 10.24.080, 10.48.070, 10.60.090,
standing and parking -- public streets 11.08.280, 13.04.130(A),
(11.24) 13.04.180(B), 14.12.140, 14.18.020,
1863 Amends §§ 19.08.030, definitions, and 16.04.160, 16.16.070, 16.20.100,
19.28.060, single - family residential 16.32.080, 16.52.060, 17.32.060,
(R -1) homes (19.08, 19.28) 19.28.050, 19.28.070(A), 19.52.020,
1864 Amends § 11.08.260, bicycles (11.08) 19.52.060(B), 19.80.030(B)(1)(j),
1865 (Number not used) 19.80.040 and 19.100.050(C);
1866 Prezone (Special) renumbers §§ 10.48.012 to be
1867 Authorizes amendment to California 10.48.070 and 16.52.016 to be
public employees' retirement system 16.52.060; repeals Ch. 10.25,
contract (Special) §§ 1.09.080, 5.32.160, 8.03.040(D),
2008 S -15
Cupertino - Comprehensive Ordinance List 36
Ord. No. 1909 Amends Title 16, Plumbing Code
19.28.050(D) and 19.84.050, various 1910 Amends Title 16, Electrical Code
provisions (1.12, 5.04, 5.32, 8.01, (Repealed by Ord. 2017)
8.03, 8.05, 8.06, 8.07, 8.09, 8.11, 1911 Repeals old Fire Code provisions in
10.24, 10.48, 10.60, 11.08, 11.32, Title 16
13.04, 14.12, 14.18, 16.04, 16.16, 1912 Amends Title 2, Disaster Council
16.20, 16.32, 16.40, 16.52, 17.32, 1913 Amends Title 2, Audit Committee
19.28, 19.48, 19.52, 19.80, 19.100) 1914 Amends Title 11, parking
1887 Not used 1916 Amends Title 11, skateboarding and
1888 Adds § 3.34.230; amends Ch. 3.34; rollerskating
renumbers §§ 3.34.190 -- 3.34.230 to 1917 Amends Title 9, massage and
be 3.34.180 -- 3.34.220, utility users occupational therapists
excise tax (3.34) 1918 Amends Title 10, graffiti
1889 Rezone (Special) 1919 Rezones certain land (Not codified)
1890 Rezone (Special) 1920 Rezones certain land (Not codified)
1891 Amends §§ 19.08.030 and 19.80.030, 1921 Amends §§ 10.48.040, 10.48.051,
zoning (19.08, 19.80) restriction of landscape maintenance
1892 Amends Ch. 2.86, housing committee activities (10.48)
(2.86) 1922 Amends Ch. 9.18, stormwater
1893 Amends Ch. 3.25, sale of surplus pollution prevention and watershed
supplies and equipment; repeals protection (9.18)
§ 3.25.100 (3.25) 1923 Amends § 9.08.080, notice of report
1894 Amends Ch. 19.08, definitions (19.08) (9.08)
1895 Adds Ch. 2.92, Bicycle Pedestrian 1924 Rezones certain land (Not codified)
Commission (2.92) 1925 Amends § 14.04.040, street
1896 Adds § 11.34.040, roadway design improvement requirements, and
features, (11.34) § 18.32.030, subdivision frontage
1897 Amends §§ 3.22.020, improvements (14.04, 18.32)
3.22.060 -- 3.22.070, 1926 Amends Ch. 17.32, temporary signs
3.23.020 -- 3.23.050, 3.23.100 and (17.32)
3.23.130, revenue and fmance (3.22, 1927 Rezones certain land; adds
3.23) § 19.28.105 (19.28); rescinds Ord.
1898 Amends § 11.08.270, roller skates and 1902
skateboards (11.08) 1928 Rezones certain land (Not codified)
1899 Rezone (Special) 1929 Rezones certain land (Not codified)
1900 Repeals and replaces § 3.23.160, 1930 Amends § 11.24.170, parking (11.24)
public works contract and bidding 1933 Rezones certain land (Not codified)
procedures (3.23) 1934 Amends § 2.80.010, Fine Arts
1901 Amends Title 19, zoning of dwelling Commission established (2.80)
units 1936 Amends development agreement
1902 Adoption of interim procedures to between city and Vallco International
rezone 19 acres of land (Not codified) Shopping Center, LLC (Not codified)
(rescinded by Ord. 1927) 1940 Amends Ch. 19.100, parking
1903 Amends a contract between the city regulations; repeals Ch 11.29, on -site
and the state's PERS (Not codified) parking (11.29, 19.100)
1904 Amends Title 10, curfew 1941 Amends § 2.04.010, City Council -
1905 Amends Title 16, flood damage regular meetings (2.04)
1906 Home maintenance activities, Title 16 1942 Amends § 2.32.050, Planning
1907 Amends Title 16, adoption of building Commission meetings (2.32)
codes (16.04.170 - 16.04.220, 1943 Amends § 13.04.130, behavior of
16.04.240 - 16.04.330 Repealed by persons in parks (13.04)
Ord. 2021; 16.04.230 Repealed by
Ord. 2072)
1908 Amends Title 16, Mechanical Code
2010 S -27
37 Comprehensive Ordinance List
Ord. No. Ord. No.
1944 Amends § 16.08.210, grading permits 1969 Modifies development agreement
- limitations and conditions (16.08) (1- DA -90) to extend its term and to
1945 Amends §§ 9.08.020 - 9.08.040, revise use and permit requirements
9.08.060 - 9.08.110, weed abatement related to hotels, garages,
(9.08) neighborhood meetings, and public
1946 Rezones certain land (Not codified) hearings at Vallco (Not codified)
1947 Modifies development agreement for 1972 Rezones certain land (Not codified)
new retail space, residential units and 1973 Rezones certain land (Not codified)
" parking structure (Not codified) 1974 Amends §§ 2.32.020, 2.36.020,
1948 Amends § 18.28.040, application, and 2.68.030, 2.74.020, 2.80.020,
§ 18.28.050, filing and processing 2.86.030 and 2.88.030, terms of
(18.28) office, members and meetings - quorum
1949 Not used (2.32, 2.36, 2.68, 2.74, 2.80, 2.86,
1950 Rezones certain land (Not codified) 2.88)
1951 Amends § 2.24.020, payment 1975 Not in effect due to referendum
procedure (2.24) 1977 Not in effect due to referendum
1952 Amends § 2.04.030, City Council - 1979 Amends Ch. 16.28, Fences and adds
place of meetings (2.04) § 16.28.080, prohibited fences (16.28)
1954 Amends Ch. 19.28, single - family 1982 Amends Ch. 9.18, Stormwater
residential (R1) zones; repeals Pollution Prevention and Watershed
§§ 19.28.105, 19.28.150, 19.28.160 Protection (9.18)
and Appendices A, B and C (19.28) 1985 Amending City Council Salaries (2.16)
1956 Repeals Ch. 2.06 - City Council - 1986 Rezones certain land (Not codified)
campaign finance (2.06) 1987 Amends Title 17, Signs (17)
1958 Amends § 2.04.010, regular meetings 1988 Establishes regulations concerning
(2.04) Claims Against City (1.18)
1959 Rezones certain land (Not codified) 1989 Amends § 11.27.145 concerning
1960 Repeals Ch. 20.02, general plan designation of preferential parking
1963 Amends § 9.06.110, massage therapist zones (11.27)
permit- criteria for issuance and 1990 Amends § 11.24.150 concerning
§ 9.06.120, massage therapist practical parking prohibitions along certain
examination (9.06) streets (11.24)
1964 Amends §§ 2.60.040 and 2.68.040, 1991 Amends § 11.24.170 concerning
meetings - quorum - officers- staff, and parking limitations on certain streets
§§ 2.80.050 and 2.92.050, (11.24)
meetings - quorum (2.60, 2.68, 2.80, 1992 Establishes regulations regarding water
2.92) resource protection (9.19)
1965 Amends Ch. 2.74, Cupertino 1993 Rezones certain land (Not codified)
technology, information, and 1994 Rezones certain land (Not codified)
communications commission (2.74) 1995 Amends § 2.74.010 concerning
1966 Amends § 14.04.230, Street Technology, Information, and
improvements- exceptions (14.04) Communications Commission (2.74)
1967 Amends Ch. 9.18, stormwater 1999 Amends § 11.24.140 concerning
pollution prevention and watershed parking for purposes of servicing or
protection (9.18) repairing (11.24)
1968 Amends § 11.24.150 to remove the 2000 Amends § 19.28.050 regarding
prohibition of parking on the west side development regulations (19.28)
of Vista Drive between Apple Tree 2002 Amends § 11.24.170, relating to
drive and a point 200 feet south parking limitations on Torre street
(11.24) (11.24)
2003 Amends Ch. 14.18 regarding the
protection of trees (14.18)
2009 S -21
Cupertino - Comprehensive Ordinance List 38
Ord. No. Ord. No.
2005 Amends § 14.08.010 relating to the 2022 Creating a new Chapter 16.72
definition of City Manager and adds regarding recycling and diversion of
§ 14.08.035 relating to permit notice construction and demolition waste
requirements (14.08) (16.72)
2006 Amends § 11.24.150) prohibiting 2023 Amending § 11.20.020 regarding
parking on Hoo Hoo Way (11.24) vehicular stops required at certain
2007 Rezones certain land (Not codified) intersections (11.20)
2008 Amending § 2.08.096 regarding the 2024 Rezones certain land (Not codified)
filing deadline for a petition for 2025 Amending property maintenance
reconsideration (2.08) regulations (9.22)
2009 Adding Chapter 2.17 relating to City 2026 Prohibiting skateboarding and roller
Council /City Staff relationships (2.17) skating in certain areas (11.08)
2010 Amending § 2.74.010 modifying the 2027 Amending § 2.08.096 and 19.136.020
composition of the Technology, to provide for refunds of funds (2.08,
Information and Communications 19.136)
Commission. (2.74) 2029 Amending § 11.24.160 regarding
2011 Amending § 19.28.050 regarding R1- parking prohibitions on certain streets
20 zoned properties (Not codified) (11.24)
2012 Describing a program to acquire real 2030 Amending §§ 17.08.010 and 17.32.090
property by eminent domain in the regarding special event banners,
Vallco Redevelopment Project (Not promotional devices and portable signs
codified) and displays (17.08, 17.32)
2014 Amending § 13.04.150 regarding 2033 Amending §§ 2.18.040 and 2.18.080
vehicle requirements (13.04) relating to the City Attorney (2.18)
2015 Amending §§ 2.32.040, 2.36.040, 2034 Amending Table 11.24.160 prohibiting
2.60.020, 2.60.040, 2.68.040, parking during certain hours on
2.80.040, 2.86.050, 2.88.050, Greenleaf Drive (11.24)
2.92.020, 2.92.040 regarding 2035 Amending § 11.20.020 relating to the
Chairperson and Vice - Chairperson establishment of a vehicular stop at
terms (2.32, 2.36, 2.60, 2.68, 2.80, Ann Arbor Avenue and Greenleaf
2.86, 2.88, 2.92) Drive (11.20)
2016 Amending the California Electric 2036 Amending § 11.20.030 relating to a
Code. Amending § 16.16.010 and vehicular stop at Calvert Drive and
repealing 16.16.080 - 16.16.1 10 and Tilson Avenue (11.20)
16.16. 140. (16.16) 2037 Adding Chapter 19.118 regarding
2017 Amending the 2007 California required artwork in public and private
Plumbing Code. Amending developments (19.118)
§§ 16.20.010, 16.20.020, 16.20.080 2038 Amending Chapter 19.108 regarding
(16.20) (16.20.030 and 16.20.090 wireless communication facilities
Repealed by Ord. 2072) (19.108)
2018 Amending the 2007 California 2039 Amending Single - Family Residential
Mechanical Code. Amends (R1) Zones (19.28)
§§ 16.24.010 - 16.24.030 (16.24) 2040 Amending§ 2.18.080 regarding
2019 Adopting the 1997 Uniform Code for agreements on employment (2.18)
the Abatement of Dangerous Buildings 09 -2041 Amending §§ 8.01.030, 8.01.130, and
Codes (16.70) 8.03.010 changing penalties for
2020 Amending Chapter 16.40 regarding the violations regarding animals and public
California and International Fire Codes nuisances (8.01, 8.03)
(16.40) (16.40.170, 16.40.280, 09 -2042 Adding Chapter 16.74 relating to
16.40.470, 16.40.550, 16.40.570 - adoption of Wildland Urban Interface
16.40.640 Repealed by Ord. 2072) Fire Area (16.74)
2021 Amending Chapter 16.04 regarding the 09 -2043 Amending § 1.12.010 regarding
Building Code. (16.04) penalties for certain animal and public
nuisance infractions (1.12)
2010 S -27
39 Comprehensive Ordinance List
Ord. No. Ord. No.
09 -2045 Repeals and replaces Chapter 6.28, 2059 Rezoning certain land (Not codified)
cable and video services (6.28) 2060 Not Adopted
2046 Amends entirety of Chapter 9.06, 2062 Amending Chapter 2.86 regarding the
massage establishments and services Housing Commission (2.86)
(9.06) 2063 Amending 11.08.250 relating to
2048 Adding Ch. 1.10 regarding designated bicycle lanes (11.08)
Administrative citations, fines, and 2064 Amending 11.08.260 relating to
penalties (1.10) designated bicycle routes (11.08)
2049 Amending 14.04.040 regarding street 2067 Amending 11.20.020 regarding
improvement requirements (14.04) vehicular stops at certain intersections
2050 Amending Sign regulations (17.04, (11.20)
17.08, 17.12, 17.16, 17.20, 17.24, 2069 Amending Chapter 6.24 regarding
17.32, 17.44, 17.52, App. A -1 - A -8) garbage and recycling collection and
2051 Rezones certain land (Not codified) disposal (6.24)
2052 Rezones certain land (Not codified) 2070 Amending Chapter 16.72 to add
2053 Adding Ch. 3.35 regarding recycling to provisions (16.72)
telecommunication users' tax (3.35) 2072 Amending Chapters 16.04, 16.12,
2054 Adding 1.18.040 regarding exhaustion 16.16, 16.20, 16.24, 16.40, adding
of administrative remedies Chapters 16.06, 16.54, 16.58, 16.80
2055 Amending the Heart of the City regarding various building and
Specific Plan (Not codified) construction codes (16.04, 16.06,
2056 Amending 2.08.095, 2.48.020, 16.16, 16.20, 16.24, 16.40, 16.54,
9.20.030, 14.04.010, 14.04.040, 16.58, 16.80)
14.04.110, 14.04.130, 14.04.160,
14.04.175, 14.04.240, 14.05.010,
14.05.040, 14.05.070, 14.05.090,
14.18.020, 14.24.070, 16.04.050,
16.32.040, 18.28.050, 19.08.030,
19.16.020, 19.16.030, 19.20.020,
19.20.030, 19.24.020, 19.28.030,
19.28.110, 19.28.130, 19.32.020,
19.32.030, 19.36.020, 19.36.030,
19.36.050, 19.36.080, 19.40.030,
19.40.140, 19.44.040, 19.50.010 -
19.50.060,19.56.060,19.56.070,
19.64.040, 19.64.070, 19.64.090,
19.82.060, 19.100.040, 19.100.060,
19.116.120, 19.116.310, 19.118.020,
19.124.010 - 19.124.030, 19.124.070,
19.124.090 - 19.124.130, 19.134.030,
19.134.090 regarding the housing
element of the General Plan (2.08,
2.48, 9.20, 14.04, 14.05, 14.18,
14.24, 16.04, 16.32, 18.28, 19.08,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.50, 19.56,
19.64, 19.82, 19.100, 19.116, 19.118,
19.124, 19.134)
2057 Rezoning certain land (Not codified)
2058 Repealing and replacing Ch. 14.15
regarding the Landscaping Ordinance
(14.15)
2010 S -27
5 Index
ARTWORK, REQUIRED IN PUBLIC AND PRIVATE -- B --
DEVELOPMENTS
Applicability of regulations 19.118.020 BAR
Application for public artwork 19.118.050 See RESTAURANT
Design criteria and artist qualifications 19.118.060
Ineligible artwork 19.118.040 BICYCLE
In lieu fee for artwork is discouraged 19.118.090 Administration 11.08.020
Minimum artwork value 19.118.080 Attaching to vehicle, prohibited 11.08.170
Permitted artwork 19.118.030 Bicycle lanes
Purpose and intent 19.118.010 designated 11.08.250
use regulations 11.08.190
ATHLETIC EVENT vehicles using prohibited 11.08.230
Regulations, permit Dealers
See PARADES AND ATHLETIC EVENTS purchaser education 11.08.110
registration verification 11.08.100
ATTORNEY, CITY Definitions 11.08.010-11.08.015
Assistant, acting, when 2.18.070 Equipment requirements 11.08.130
Bond requirements 2.18.060 Impoundment 11.08.240
City staff, relations with 2.18.040 Lane position requirements 11.08.150
Conflict of interest 2.64.020 License
Council, relations with 2.18.030 address change notification 11.08.090
Eligibility 2.18.100 alteration, destruction prohibited 11.08.061
Employment agreement 2.18.080 existing, validity 11.08.070
Office established 2.18.010 fees 11.08.120
Powers, duties 2.18.020 indicia, renewal 11.08.050
Public, relations with 2.18.050 issuance 11.08.040
Rental dispute mediation transferability 11.08.080
appeal duties 2.78.080 Package carrying restrictions 11.08.220
subpoena duties 2.78.040 Pedestrian path use
Staff 2.18.090 exemptions 11.08.180
Suspension, removal, resignation 2.18.110 restrictions 11.08.160
Registration certificate
AUDIT COMMITTEE See also License
Chair 2.88.050 issuance 11.08.060
City powers unchanged 2.88.130 Regulations generally 11.08.020
City staff 2.88.110 Riding restrictions 11.08.210
Compensation, expense reimbursement 2.88.070 Roller skates
Established, composition 2.88.010 See ROLLER SKATES
Meetings 2.88.060 Routes designated 11.08.260
Members Skateboards
at large 2.88.020 See SKATEBOARDS
vacancy 2.88.040 Traffic laws applicability 11.08.140
Powers, duties 2.88.100 Violation, penalty 11.08.280
Recordkeeping 2.88.090 Walking, pedestrian laws applicable 11.08.200
Rules, regulations 2.88.120
Term 2.88.030 BINGO
Voting 2.88.080 Administrative authority designated 5.32.170
Authority 5.32.010
AUTO COURT Defined 5.32.020
Business license tax rate 5.04.390 Equipment 5.32.090
Financial interest limited 5.32.100
Hours 5.32.150
Inspection authority 5.32.180
2009 S -20
Cupertino - Index 6
License BUILDING
See also Permit, license Address number visibility requirements 16.04.050
fee 5.32.280 Electrical Code
renewal 5.32.290 See ELECTRICAL CODE
required 5.32.270 Excavation, foundations, retaining walls
Location 5.32.080 See EXCAVATION, GRADING, RETAINING
Minor, participation prohibited 5.32.040 WALLS
Organizations permitted to conduct 5.32.030 Fence
Participant to be present 5.32.140 See FENCE
Permit Heating, cooling
See also Permit, license See MECHANICAL CODE
applicant investigation 5.32.210, 5.32.220 Inspector
application, contents 5.32.200 bingo permit applicant investigation 5.32.220
approval, conditions 5.32.240 building moving permit issuance 16.36.050
denial when 5.32.250 Moving
hearing, notice records review 5.32.230 contiguous land 16.36.080
required 5.32.190 definitions 16.36.010
Permit, license metal tires prohibited 16.36.090
See also License notice required 16.36.040
Permit permit
nontransferable 5.32.310 application 16.36.030
suspension, revocation bond 16.36.060
authority 5.32.320 conditions 16.36.070
notice, hearing 5.32.330 fees 16.36.055
Prizes, value 5.32.130 issuance, hearing 16.36.040
Proceeds, charitable uses required 5.32.110 required 16.36.020
Provisions to supplement state law 5.32.350 roller restrictions 16.36.100
Public access required 5.32.050 truck requirements 16.36.110
Recordkeeping 5.32.120 supervisor, duties 16.36.120
Reporting requirements 5.32.300 violation, penalty 16.36.130
Staffing, operation Official
change, reporting, investigation 5.32.260 swimming pool code
generally 5.32.060 administration 16.32.030
Violation, Penalty 5.32.360 enforcement 16.32.060
Plumbing code
BOND See PLUMBING CODE
Attorney, city 2.18.060 Preliminary soils report
Auctioneer 5.08.020 See Soils report
City clerk 2.20.040 code adoption 16.12.010
Excavation, grading permittee 16.08.150 required 16.12.020
Manager, city 2.28.030 Retaining wall
Moving buildings 16.36.060 See EXCAVATION, GRADING, RETAINING
Private patrol 5.24.050 WALLS
Public works contract 3.23.140 Soils report
Street improvement installation 14.04.170 appeals 16.12.070
Subdivision improvement security 18- 1.808.2 approval 16.12.050
Taxicab 5.28.150 building permit conditions 16.12.060
Treasurer, city 2.24.040 code adoption 16.12.010
contents 16.12.030
preparation 16.12.040
required 16.12.020
Swimming pool
See SWIMMING POOL
2010 S -27
6A Index
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Adoption of appendix chapters 16.04.015
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 1505 16.04.080
Section 1614, 1614.1, 1614.3 16.04.110
Concrete isolated footings 16.04.360
2010 S -27
7 Index
Conventional construction provisions - amendment Statements
16.04.340 deemed not conclusive, confidentiality
Enforcement of provisions 16.04.020 5.04.260
Fees extension for filing 5.04.270
inspection 16.04.130 failure to file 5.04.190
Inspection verification, audit 5.04.180
fees 16.04.130 Tax increase, automatic, consumer price index
generally 16.04.030 5.04.460
Revise Section 1908.1.8 ACI 318 -08 Section 22.10.1 Terminology of provisions 5.04.040
Roof covering classification 16.04.080 Title of provisions 5.04.010
Spark arrestors 16.04.060 Transfer 5.04.150
Stability coefficient equation 16.04.350 Violation, penalty
Vertical combinations- Amendment 16.04.130 generally 5.04.500
Violation, penalty 16.04.160 remedies cumulative 5.04.510
BUILDING CONSERVATION CODE -- C --
Adopted 16.60.010
Name insertion 16.60.020 CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
BUILDING MATERIAL YARD
Business license CABLE AND VIDEO SERVICES
See also BUSINESS LICENSE Audit authority 6.28.060
fee 5.04.350 Customer service requirement 6.28.070
Franchise fee and PEG fee 6.28.050
BUSINESS LICENSE Franchise required 6.28.030
Adjustments, interstate commerce 5.04.100 Grant of authority 6.28.030
Appeal 5.04.480 Intent and purpose 6.28.020
City council powers, duties 5.04.060 Police power 6.28.040
Collector powers, duties 5.04.070 Short title 6.28.010
Deemed debt to city 5.04.240 Use of streets 6.28.080
Definitions 5.04.030
Duplicate 5.04.170 CAFETERIA
Effect of provisions 5.04.490 See RESTAURANT
Evidence of doing business 5.04.090
Exemption CALIFORNIA WATER SERVICE
application 5.04.120 See FRANCHISE
generally 5.04.110
Imposed 5.04.280 CAT
Interest, penalties 5.04.250 See ANIMAL
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210 CIGARETTE, TOBACCO VENDING MACHINES
Overpayment refund 5.04.230 Public places
Payment due when 5.04.200 permitted where, restrictions 10.27.040
Posting, display required 5.04.140 prohibitions generally 10.27.030
Purpose of provisions 5.04.020 Purpose, intent of provisions 10.27.020
Reclassification 5.04.470 Title of provisions 10.27.010
Renewal 5.04.160 Violation, penalty 10.27.050
Required 5.04.080
Revocation 5.04.120 CIRCULAR
Separate businesses, same location, separate licenses See ADVERTISEMENT
required 5.04.130
2010 S -27
Cupertino - Index 8
CIRCUS Other duties 2.20.080
Business license Recordkeeping
See also BUSINESS LICENSE accounting duties transferred 2.20.020
fee 5.04.340 duty 2.20.010
ordinances 2.20.030
CITY Storm drainage service charge collection duties
Officials 3.36.080
See Specific Officer Transient occupancy tax appeal hearing notice
3.12.100
CITY COUNCIL /CITY STAFF RELATIONSHIPS Weed abatement, assessment, notice posting
Council and Council members 2.17.030 9.08.080
Council policy 2.17.033
Council power 2.17.031 CODE
Individual Council members 2.17.032 Adopted 1.01.010
Information 2.17.034 Authority 1.01.030
Intent and purpose 2.17.020 Constitutionality 1.01.090
Preamble 2.17.010 Construction 1.04.040
Staff 2.17.040 Definitions 1.04.010
Execution of Council direction 2.17.041 Effective date 1.01.080
Timely response 2.17.043 Effect, past actions, obligations 1.01.070
Undue influence 2.17.042 Enforcement officer
See CODE ENFORCEMENT OFFICER
CIVIL DEFENSE Fire
See DISASTER COUNCIL See FIRE CODE
Grammatical interpretation 1.04.020
CLAIMS AGAINST THE CITY Headings, not limiting 1.01.050
Authority 1.18.010 Penalty
Claim prerequisite to suit 1.18.025 designated 1.12.010
Claims required 1.18.015 nuisance abatement 1.12.030
Exhaustion of administrative remedies 1.18.040 separate offenses 1.12.020
Form of claim 1.18.020 Prohibited acts including causing, permitting
Suit 1.18.030 1.04.030
References
CLERK, CITY applicable to amendments 1.01.040
Appointment 2.20.100 application to corresponding ordinances
Bingo permit hearing, setting, notice 5.32.230 1.01.060
City seal custodian 2.20.050 title, citation 1.01.020
Conflict of interest 2.64.020 Repeal shall not revive any ordinances 1.04.050
Construction prohibition appeal notice 10.48.060
Department CODE ENFORCEMENT OFFICER
See DEPARTMENTAL ORGANIZATION Inspection, right of entry
Deputy, appointment 2.20.110 See INSPECTION
Election date change Office created 2.30.010
copy filing 2.76.020 Warrantless arrest authority 2.30.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
2010 S -24
9 Index
COFFEE SHOP Bingo permit
See RESTAURANT applicant investigation 5.32.210, 5.32.220
approval 5.32.240
COMMISSION, CITY Business license powers, duties 5.04.060
See Specific Commission Child care expense reimbursement, when granted
2.72.010
COMMUNICATION WITH CITY OFFICIALS Communications 2.08.100
Public building, prohibited acts designated Contract bid award 3.24.080
10.10.020 Document signature authority 2.08.135
Right designated 10.10.010 Election
Violation, penalty 10.10.030 See also Campaign finance
generally 2.04.005
COMMUNITY DEVELOPMENT DEPARTMENT False alarm hearing duties 10.26.120
See DEPARTMENTAL ORGANIZATION Fences, height, location determination 16.28.030
Manager, city
COMMUNITY DEVELOPMENT DIRECTOR appointment 2.28.010
Parade and athletic event administrative authority suspension, removal 2.28.090
10.44.030 Meeting
Sign provision duties discussion procedure 2.08.130
enforcement, interpretation 17.52.010 emergency 2.04.025
exception report to city council 17.44.090 order of business 2.08.090
permit application review 17.12.060 place 2.04.030
sign modification 17.12.070 presentation method 2.08.080
special event sign, promotional device, permit protests 2.08.120
review 17.12.090 reconsideration
motions 2.08.095
CONCERT petitions 2.08.096
Business license regular 2.04.010
See also BUSINESS LICENSE special 2.04.020
fee 5.04.340 violation, penalty 2.08.140
Municipal employee relations officer appointment
CONSTRUCTION TAX 2.52.320
Adjustment 3.32.045 Nuisance abatement hearing 1.09.070
Definitions 3.32.020 Officer, official body reports 2.08.110
Exceptions 3.32.070 Parade, athletic event permit appeal hearing
Imposition 3.32.030 10.44.140
Payment Permit parking time determination 11.27.130
place 3.32.060 Personnel authority 2.52.090
time 3.32.050 Petition
Purpose, intent 3.32.010 definitions 2.08.030
Rates 3.32.040 exception 2.08.070
Refunds 3.32.050 hearing notice 2.08.040
Revenue use 3.32.080 Public safety commission appointment 2.60.010
Reimbursement 2.16.030
CONTRACTOR Robert's Rules of Order adopted 2.08.020
Business license Rules adopted 2.08.010
See also BUSINESS LICENSE Salary
fee 5.04.370 amount, effective date 2.16.020
statutory basis 2.16.010
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08.130
2006 S -11
Cupertino - Index 10
Storm drainage service charge Purpose of provisions 2.90.020
adjustment authority 3.36.160 Recordkeeping 2.90.080
collection duties 3.36.080 Terms of office 2.90.030
review duties 3.36.050 Vacancy, removal 2.90.040
Technology, information, and communications
commission DISASTER COUNCIL
appointment 2.74.010 Definitions 2.40.020
vacancy filling 2.74.030 Director of emergency services
Term limits 2.04.050 created 2.40.050
Transient occupancy tax appeal hearing powers, duties 2.40.060
determination 3.12.100 Emergency organization
Vacancy filling 2.04.040 membership 2.40.070
Water charge appeal hearing 15.12.100 structure, duties, functions 2.40.080
Weed abatement Expenditures 2.40.100
assessment, hearing 9.08.090 Membership 2.40.030
authority 9.08.060 Mutual aid provided 2.40.090
hearing, decision, action 9.08.050 Powers, duties 2.40.030
resolution 9.08.020 Purposes 2.40.010
Violation, penalty 2.40.110
CRUISING
See TRAFFIC DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
CUPERTINO GARBAGE COMPANY Exemptions 3.04.040
See GARBAGE Imposition, rate 3.04.020
Payment responsibility 3.04.030
CURFEW Refund claim, authority 3.04.100
Definitions 10.68.010 Short title, authority 3.04.010
Exceptions 10.68.030
Violation DOG
penalty 10.68.050 See ANIMAL
prohibited acts 10.68.020
- E -
--D--
EARTHQUAKE
DEFECATION See TOXIC GASES
See URINATION, DEFECATION
ELECTIONS, MUNICIPAL
DEPARTMENTAL ORGANIZATION See COUNCIL, CITY
Divisions, designated 2.48.020
Manager authority 2.48.030 ELECTRICAL CODE
Purpose 2.48.010 Adopted 16.16.010
Adoption of appendix chapters 16.16.015
DESIGN REVIEW COMMITTEE Article 100 amended - definitions 16.16.020
Chairperson 2.90.050 Fee schedule 16.16.030
Construction of provisions 2.90.110 Fuel cell systems - amendment 16.16.130
Established 2.90.010 Interpretation 16.16.040
Licensed architect 2.90.070 Maintenance program 16.16.050
Meetings, quorum 2.90.060 Persons allowed to do electrical work designated
Powers, functions 2.90.090 16.16.025
Procedural rules 2.90.100 Solar photovoltaic systems - amendment 16.16.120
Violation, penalty 16.16.070
EMERGENCY
See DISASTER COUNCIL
2010 S -27
11 Index
EMPLOYEE, CITY Engineering geological reports 16.08.120
See also Specific Employee Fees 16.08.160
Communication with public Grading
See COMMUNICATION WITH CITY See also Specific Type or Phase
See OFFICIALS emergency permit issuance 16.08.185
General personnel policies supervision 16.08.230
See PERSONNEL Inspections 16.08.250
Interim plan 16.08.110
EMPLOYEES' RETIREMENT SYSTEM Limitations of provisions 16.08.040
See PERSONNEL Modifications 16.08.240
Permit
ENERGY CODE ADOPTED application contents 16.08.080
Code adopted 16.54.010 approval conditions 16.08.190
denial 16.08.180
ENGINEER, CITY design standards 16.08.200
Preliminary soil report approval 16.12.050 emergencies 16.08.185
Truck route signing 11.32.020 exemptions
categorical 16.08.070
ENVIRONMENTAL PROTECTION generally 16.08.060
CEQA guidelines adopted 2.84.090 issuance conditions 16.08.170
limitations, conditions 16.08.210
ENVIRONMENTAL REVIEW COMMITTEE permittee responsibility 16.08.220
Appeals 2.84.100 revocation 16.08.280
Chairperson 2.84.030 suspension 16.08.270
City powers not restricted 2.84.120 Permittee responsibility 16.08.220
Compensation, expense reimbursement 2.84.050 Purpose of provisions 16.08.010
Environmental assessment fee 2.84.110 Scope 16.08.050
Established, composition 2.84.010 Severability 16.08.030
Meetings Site map, grading plan required 16.08.100
majority vote 2.84.060 Soils engineering reports 16.08.130
quorum 2.84.040 Title of chapter 16.08.000
Office, term 2.84.020 Violation
Powers, duties 2.84.080 penalties designated 16.08.290
Record of proceedings 2.84.070 remedies deemed cumulative 16.08.300
Work
EQUIPMENT, SURPLUS, SALE completion notice, report 16.08.260
Auction schedule required 16.08.140
bidding, payment 3.25.060
required 3.25.050 EXPLOSIVES
Between agencies 3.25.080 Disposal 6.24.100
Centralization required 3.25.030 Permit
Notice 3.25.040 issuance 10.20.020
Officer designated, powers, duties generally required, application 10.20.010
3.25.020 Storage 10.20.030
Open market, when 3.25.070 Violation, penalty 10.20.040
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090 -- F --
Transfer to charity, public agency 3.25.100
FALSE ALARM
EXCAVATION, GRADING, RETAINING WALLS See ALARM
Appeals 16.08.265
Bond requirements 16.08.150 FAMILY CARE HOME
Civil engineer grading supervision 16.08.230 Business license
Definitions 16.08.020 See also BUSINESS LICENSE
fee 5.04.410
2010 S -27
Cupertino - Index 12
FENCE Members
Chapter purpose 16.28.010 appointment, composition 2.80.010
Construction design review guidelines term of office 2.80.020
general 16.28.040 vacancy filling, removal procedures 2.80.030
site review required 16.28.030 Officers 2.80.040
Construction site temporary fences 16.28.065 Powers, duties generally 2.80.080
Definitions 16.28.020 Recordkeeping 2.80.070
Exceptions 16.28.060
Location FIRE
See Construction design review guidelines See FIRE CODE
Materials See SMOKING
See Construction design review guidelines
Prohibited 16.28.080 FIRE CODE
Proximity to public streets 16.28.050 Access to buildings and roofs 16.40.130
Roadway and driveway gates 16.28.045 Administration 16.40.020
Setback, area requirements Adoption 16.40.010
front 16.28.020 Adoption of appendix chapters 16.40.015
rear 16.28.020 Automatic sprinkler systems 16.40.210
roadway and driveway gates 16.28.045 Building service and features 16.40.160
side 16.28.020 Corrosive materials 16.40.350
Violation, penalty 16.28.070 Decorative vegetation in new and existing
buildings 16.40.195
FINANCE Definitions 16.40.070, 16.40.225, 16.40.250,
See PURCHASING 16.40.310, 16.40.420
Electrical equipment, wiring and hazards 16.40.180
FINANCE DIRECTOR Emergency responder radio coverage 16.40.150
Purchasing officer, designation, duties Emergency planning and preparedness 16.40.090
See PURCHASING OFFICER Explosives and fireworks 16.40.370
Storm drainage service charge Fire apparatus access roads 16.40.120
bill correction authority 3.36.150 Fire protection systems 16.40.200
collection duties Fire safety
balance payments 3.36.090 During construction and demolition 16.40.220
generally 3.36.080 Fire service features 16.40.110
omitted charges 3.36.100 Flammable and combustible liquids 16.40.380
premises inspection authority 3.36.190 General 16.40.300, 16.40.410
General precautions against fire 16.40.080
FINANCE OFFICER General requirements 16.40.320
Alarm systems Hazardous materials 16.40.290
administration and enforcement 10.26.100 Hazards to firefighters 16.40.140
appeals hearing 10.26.120 Highly toxic and toxic materials 16.40.400
Means of egress 16.40.230
FINE ARTS ACTIVITIES Precautions against fire 16.40.225
Regulations generally 2.80.080 Permits 16.40.065
Requirements for Wildland -Urban interface fire areas
FINE ARTS COMMISSION Access 16.40.490
Compensation, expenses 2.80.090 Application 16.40.475
Effect of provisions 2.80.100 Defensible space 16.40.480
Established, appointment, composition 2.80.010 Definitions 16.40.460
Meetings Dumping 16.40.690
generally 2.80.050 Fire protection plan 16.40.470
quorum 2.80.050 Ignition source control 16.40.650
voting, requirements 2.80.060 Liquified petroleum gas installations 16.40.680
Outdoor fires 16.40.660
Protection of pumps and water storage
facilities 16.40.700
2010 S -27
12A Index
Storage of firewood and combustible
materials 16.40.680
Suppression and control 16.40.560
Table 105.6.20 16.40.610
Water supply 16.40.500
Semiconductor fabrication facilities 16.40.240
Stationary storage battery systems 16.40.190
Storage 16.40.330, 16.40.390
Class I and II liquids in outside aboveground
tanks 16.40.040
Class I and II liquids in aboveground
tanks 16.40.050
Flammable cryogenic liquids 16.40.030
Liquefied petroleum gases 16.40.060
Timber and lumber production
facilities 16.40.260
Toxic gases including those used as
refrigerants 16.40.430
Use 16.40.440
Use and occupancy - related requirements 16.40.100
Use, dispensing and handling 16.40.340
Yard waste and recycling facilities 16.40.270
FIREARM
Permit required 10.76.010
Violation, penalty 10.76.020
FIRE CHIEF
Bingo permit applicant investigation 5.32.220
Toxic gas storage, use compliance plan, permit
fee charging, data submittal requiring 16.42.060
time limit extension 16.42.070
controls requiring 16.42.230
facility closing duties 16.42.080
leak testing approval 16.42.130
sprinkler system requiring 16.42.190
2010 S -27
13 Index
FIRE MARSHAL, COUNTY Permit
Weed abatement See Development
assessment Planning, community development director
collection authority 9.08.100 See also PLANNING DIRECTOR
hearing, submittal of record 9.08.090 duties designated 16.52.021
notice distribution 9.08.080 Recordkeeping
recordkeeping duty 9.08.070 See Planning, community development director
duty 9.08.060 Residential requirements
notice mailing 9.08.040 See New construction
Subdivisions proposals 16.52.044
FIREWORKS Utility requirements 16.52.043
Definitions 10.24.010 Variance
Exceptions 10.24.030 See Appeal, variance
Prohibitions 10.24.020 Violation, penalty 16.52.060
Violation, penalty 10.24.080 Watercourse alteration
See Planning, community development director
FLOOD DAMAGE PREVENTION
Anchoring requirements 16.52.041 FOOD ESTABLISHMENT
AO zone requirements 16.52.054 See RESTAURANT
Appeal, variance
generally 16.52.030 FRANCHISE
variance conditions 16.52.035 Cable television
Applicability of provisions 16.52.011 See CABLE AND VIDEO SERVICES
Compliance with provisions required 16.52.012 California water service
Definitions 16.52.010 designated 6.16.010
Development gross annual receipts, percentage payment to
permit required when, application city 6.16.050
requirements 16.52.020 maintenance
permit review notice 6.16.020
See Planning, community development required 6.16.030
director term 6.16.040
Firm Cupertino garbage company
See Flood insurance rate map See GARBAGE
Floodway restrictions 16.52.055 Electricity
Habitable floor elevation definitions 6.08.010
See New construction designated 6.08.020
Interpretation of provisions 16.52.013 granting authority 6.08.070
Liability disclaimer 16.52.014 gross receipts
Manufactured home percentage payment to city 6.08.050
anchoring requirements total, report required 6.08.060
See Anchoring requirements maintenance requirements 6.08.030
requirements 16.52.053 term 6.08.040
New construction Garbage
anchoring See GARBAGE
See Anchoring requirements Gas
habitable floor elevation defmitions 6.12.010
nonresidential requirements designated 6.12.020
16.52.052 granting authority 6.12.070
residential requirements 16.52.051 gross receipts
material method requirements percentage payment to city 6.12.050
16.52.042 total, report required 6.12.060
Nonresidential requirements maintenance requirements 6.12.030
See New construction term 6.12.040
2010 S -27
Cupertino - Index 14
Pacific Gas and Electric Company franchise
See Electricity grant, scope, authority 6.24.120
See Gas interference prohibited 6.24.310
San Jose waterworks mandatory, owner responsibilities
designated 6.20.010 6.24.030
gross annual receipts, percentage payment to unauthorized use prohibited
city 6.20.050 6.24.320
maintenance Compostable materials and recyclables 6.24.060,
notice 6.20.020 6.24.070
required 6.20.030 Container
term 6.20.040 inappropriate, additional charges when
Water 6.24.080
See California water service standards, use regulations 6.24.070
See San Jose waterworks trash enclosure required when, requirements
6.24.305
FUND Definitions 6.24.020
Investment 2.24.050 Delinquent account
Special gas tax street improvement appropriation account created, purpose, use
See SPECIAL GAS TAX STREET 6.24.280
IMPROVEMENT FUND collection, procedure 6.24.180
lien
See also collection, procedure
initiation 6.24.190
GARAGE, PATIO SALE recordation 6.24.230
Definitions 5.16.020 lien hearing
Enforcement 5.16.060 city council hearing 6.24.220
Findings 5.16.010 finance director hearing 6.24.220
Goods display 5.16.050 notice 6.24.200
Limitation 5.16.030 notice 6.24.170
Sign special assessment
See also SIGN collection as, when 6.24.240
regulations generally 17.32.030 collection procedure 6.24.270
restrictions 5.16.040 levy, procedure 6.24.260
Violation report, contents 6.24.250
penalty 5.16.070 Disposal
presumption 5.16.041 explosive, hazardous materials 6.24.100
frequency 6.24.050
GARBAGE methods designated 6.24.060
Administration, enforcement, regulations adoption unauthorized 6.24.110
6.24.325 Franchise
Burning, restrictions 6.24.090 See Collection service
Collection Purpose of provisions 6.24.010
See also Specific Subject Recycling center, operation, use 6.24.290
unauthorized, prohibited 6.24.300 Violation, penalty 6.24.330
Collection service charges
See also Delinquent account GAS
mandatory, owner responsibilities See FRANCHISE
establishment, collection 6.24.150 TOXIC GASES
failure to pay, effect 6.24.160
commencement, time limits 6.24.040 GENERAL PENALTY
See PENALTY, GENERAL
2010 S -27
15 Index
GENERAL PLAN Fences, locks required 9.12.037
See LAND DEVELOPMENT PLANNING Guidelines 9.12.131
Handling 9.12.036
GOAT Hazardous materials management plan
See ANIMAL required 9.12.040
short form 9.12.042
GRADING standard form 9.12.041
See EXCAVATION Hearing
notices 9.12.111
GRAFFITI rules 9.12.110
Abatement Inspection
generally 10.60.050 by city 9.12.070
procedure 10.60.060 by permittee 9.12.071
stayed during prosecution 10.60.070 special 9.12.072
Definitions 10.60.030 substituted 9.12.073
Nuisance declared 10.60.020 Inventory statement
Prohibited 10.60.040 information required 9.12.051
Purpose of provisions 10.60.010 public record 9.12.053
Remedies cumulative 10.60.080 required 9.12.050
Violation, penalty 10.60.090 Liability disclaimer 9.12.130
Maintenance, repair, replacement of facilities
GREEN BUILDING STANDARDS CODE 9.12.035
Adoption of appendix chapters 16.58.015 New storage facility requirements 9.12.031
Code adoption 16.58.010 Out -of- service storage facility requirements
Requirements 16.58.020 9.12.033
Permit
GUN additional approvals 9.12.085
See FIREARM appeal
disposition 9.12.095
-- H -- hearing 9.12.094
time limit 9.12.093
HANDBILLING application 9.12.081
See ADVERTISING approval 9.12.083
denial
HAZARDOUS MATERIALS STORAGE authority 9.12.090
See also FIRE CODE decision transmittal 9.12.092
TOXIC GASES grounds 9.12.091
Compliance time table 9.12.141 determination 9.12.088
Conflict with other laws 9.12.133 effective date, term 9.12.086
Containment 9.12.030 fees 9.12.089
Definitions 9.12.013 investigation 9.12.082
Duties discretionary 9.12.132 issuance 9.12.084
Effective date 9.12.140 renewal 9.12.087
Emergency equipment 9.12.038 required 9.12.012, 9.12.080
Emergency procedures Professional assistance for city determinations
See also Emergency response plan 9.12.014
posting 9.12.039 Purpose of provisions 9.12.010
Emergency response plan Records maintenance 9.12.074
See also Emergency procedures Regulated materials designated 9.12.020
hazardous materials defined 9.12.043
required, requirements 9.12.043
Exclusions 9.12.021
Existing storage facility requirements 9.12.032
2010 S -27
Cupertino - Index 16
Remedial action environmental assessment 9.20.100
authority after permit suspension, revocation, hearing 9.20.110
expiration 9.12.106 local assessment committee review 9.20.090
decision transmittal 9.12.105 required, fees 9.20.080
designated 9.12.104 Local assessment committee
grounds 9.12.100 appointment 9.20.230
hearing funding by applicant 9.20.250
notice 9.12.102 powers, duties 9.20.240
permit suspension prior to 9.12.103 termination 9.20.270
noncompliance notice 9.12.101 Permit use 9.20.300
return of permit 9.12.107 Purpose of provisions 9.20.010
Safety, car generally 9.12.011 Violation, penalty 9.20.310
Unauthorized discharge
cleanup 9.12.061 HEALTH OFFICER
indemnification 9.12.062 Bingo permit applicant investigation 5.32.220
reporting 9.12.060 Restaurant
Underground lank 9.12.022 food, unwholesome, destruction authority
Violation 9.04.100
civil action for retaliation 9.12.122 permit
civil penalty 9.12.121 denial 9.04.050
criminal penalty 9.12.120 inspection, issuance 9.04.030
remedies not exclusive 9.12.123 rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
HAZARDOUS WASTE FACILITY
Applicability of provisions 9.20.020 HEATING, COOLING CODE
Application See MECHANICAL CODE
compliance requirements 9.20.290
consistency requirements HISTORIC BUILDING
general plan 9.20.060 Seismic safety
overall continuity 9.20.220 See UNREINFORCED MASONRY
generally 9.20.040 BUILDINGS
hearing 9.20.070
land use HOME OCCUPATION
See Land use application Business license
notice on intent 9.20.050 See also BUSINESS LICENSE
requirements fee 5.04.380
closure plan 9.20.180
emergency plan 9.20.170 HORSE
generally 9.20.140 See ANIMAL
health, safety assessment 9.20.150
hearing notification list 9.20.210 HOTEL
monitoring plan 9.20.190 Business license tax rate 5.04.390
risk assessment 9.20.160
siting criteria, proof of compliance HOUSING ADVISORY, APPEALS BOARD
9.20.200 Created, appointment, powers, duties generally
Definitions 9.20.030 16.56.020
Dispute resolution 9.20.260
Hearing HOUSING CODE
See also Land use application Adopted 16.56.010
notice 9.20.280 Appeals 16.56.020
Land use application Violation, penalty 16.56.030
appeal 9.20.130
decision 9.20.120
2010 S -27
17 Index
HOUSING COMMISSION LANDSCAPING
Chairperson, vice - chairperson, selection, term Applicability 14.15.020
2.86.050 Audit of existing landscapes larger than
Compensation 2.86.070 One acre 14.15.100
Effect of provisions 2.86.130 Definitions 14.15.030
Established, composition 2.86.010 Intent 14.15.010
Meetings Landscape and irrigation maintenance 14.15.090
See also Procedural rules Landscape installation report 14.15.080
regulations generally 2.86.060 Landscape project submittal 14.15.040
voting, requirements 2.86.080 Penalties 14.15.120
Members Public education 14.15.110
See also Specific Subject Soil analysis 14.15.070
selection, qualifications, residency 2.86.020 Water budget calculation 14.15.060
Power, duties, responsibilities generally 2.86.100 Water- efficient design element 14.15.050
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090 LIBRARY COMMISSION
Staff assistance 2.86.110 Compensation 2.68.050
Term of office 2.86.030 Duties, powers, responsibilities 2.68.070
Vacancy, filling 2.86.040 Effect 2.68.080
Established 2.68.010
-- I -- Meetings, quorum 2.68.040
Records 2.68.060
IMPROVEMENTS, STREET Term of office 2.68.020
See STREET IMPROVEMENT Vacancy, removal 2.68.030
INSPECTION LICENSE
Exemption from provisions 1.08.020 See also PERMIT
Notification of rights 1.08.030 Bicycle 11.08.020
Warrant required 1.08.010 Bingo 5.32.270
Business
-- J -- See BUSINESS LICENSE
Cat 8.08.350
JUNKYARD Commercial advertising 10.52.060
Business license Dog 8.08.260
See also BUSINESS LICENSE
fee 5.04.350 LIQUOR
Alcoholic beverages, gasoline concurrent sales
-- K -- appeals 19.106.070
applicability of provisions 19.106.020
KENNEL conditional use permit
See ANIMAL findings, basis 19.106.050
grant criteria 19.106.030
-- L -- hearing 19.106.040
purpose of provisions 19.106.010
LAND DEVELOPMENT PLANNING restrictions generally 19.106.060
See also ZONING Consumption, open container possession
Specific plans prohibitions 10.49.010
applicability 20.04.020 Violation, penalty 10.49.020
contents 20.04.050
fees 20.04.060 LOADING ZONES
preparation, adoption, amendment, repeal See PARKING
20.04.030
purpose 20.04.010
zoning district designation 20.04.040
2010 S -27
Cupertino - Index 18
-- M -- Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
MANAGER, CITY License, permit
Abandoned, inoperative vehicle See also MTO certificate, Permit
enforcement 11.04.040 application 9.06.050
removal authority 11.04.061 documentation 9.06.055
storage notice 11.04.130 fee 9.06.060
Animal control grounds for denial 9.06.070
administrative authority 8.01.040 expiration and renewal 9.06.065
seizure hearing 8.06.040 required 9.06.040- 9.06.042
Approved street tree enforcement 14.16.080 suspension or revocation
Bicycle appeals 9.06.220
enforcement 11.08.030 grounds 9.06.200
lanes designation 11.08.250 hearing 9.06.210
license issuance 11.08.040 notice 9.06.210
Bingo, provisions administration 5.32.170 MTO certificate
Clerk, city, appointment 2.20.100 See also License, permit, Permit
Commission meetings, attendance 2.28.060 required 09.06.041
Compensation, reimbursement 2.28.080 Operating requirements 9.06.193
Created 2.28.010 Permit
Departmental organization authority 2.48.030 See also License, permit, MTO certificate
Director of emergency services 2.40.050 massage establishment employees
Eligibility, bond 2.28.030 permit requirements 9.06.080
Encroachment permit issuance 14.08.040 massage therapist
Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160
Grocery store enforcement authority 5.36.060 criteria 9.06.110
Park and /or building permit issuance 13.04.040 practical examination 9.06.120
Parks administration 13.04.220 outcall massage
Pedestrian regulations administration 11.09.020 application 9.06.180
Powers, duties 2.28.040 criteria 9.06.190
Relations with council 2.28.050 Prohibited acts 9.06.198
Residence requirement 2.28.020 Purpose of provisions 9.06.010
Sales and use tax, alternate, collection 3.09.050 Sanitary conditions 9.06.196
Solicitor Violation
administrative authority 5.20.100 continuing 9.06.260
identification permit alternative remedies 9.06.260
application investigation 5.20.020 penalty 9.06.250
revocation, duties 5.20.070 public nuisance 9.06.240
Street tree enforcement 14.12.030
Surplus sales officer duties 3.25.020 MAYOR
Suspension, removal, resignation 2.28.090 Board of appeals appointment 16.04.020
Taxicab driver license suspension, revocation Disaster council chairman 2.40.030
5.28.180 Electrical board of appeals appointment 16.16.130
Temporary absence, replacement 2.28.070 Employees' retirement system execution 2.56.020
Traffic
speed limit signing 11.12.040 MECHANICAL CODE
stop intersection signing 11.20.040 Adopted 16.24.010
Water Adoption of appendix chapters 16.24.015
department duties 15.12.090 Amendments
provisions enforcement 15.12.050 Section 310.1 16.24.030
Table No. 1 -A 16.24.070
MASSAGE ESTABLISHMENTS, SERVICES Appeals 16.24.060
Conditions of premises 9.06.196 Condensate wastes 16.24.030
Definitions 9.06.020 Name substitution 16.24.020
Permit fees 16.24.070
Violation, penalty 16.24.080
2010 S -27
•
23 Index
Employer - employee relations 2.52.280 Meetings
Employment continuation 2.52.490 amendments, records required 2.32.060
Federal, state, city laws, authority 2.52.340 procedure 2.32.050
Grievance processing procedure 2.52.420 Member
Impasse procedures 2.52.410 term of office 2.32.020
Jurisdiction A vacancy, removal 2.32.030
classification plan Powers, functions 2.32.070
provisions included 2.52.160 Procedural rules 2.32.080
purpose 2.52.140 Sign provision duties
scope of coverage, adoption permit
2.52.150 application review 17.12.060
pay plan 2.52.180 review 17.12.030
Jurisdiction B sign modification 17.12.070
provisions included 2.52.240
purpose 2.52.220 PLANNING DIRECTOR
scope of coverage, adopted 2.52.230 Bingo permit applicant investigation 5.32.220
Jurisdiction C Flood area authority 16.52.021
provisions included 2.52.270
purpose 2.52.250 PLUMBING CODE
scope of coverage, adopted 2.52.260 Adopted 16.20.010
Jurisdictions Adoption of appendix chapters 16.20.015
designated 2.52.040 Amendments, Section 807.2 16.20.080
exclusions 2.52.050 Board of appeals 16.20.120
exemptions 2.52.060 Condensate disposals 16.20.080
Legislative intent 2.52.030 Fees schedule 16.20.110
Meet and confer in good faith Hearings 16.20.100
advance notice required 2.52.440 Name substitution 16.20.020
exclusions 2.52.400 Violation, penalty 16.20.100
memorandum of understanding 2.52.430
scope 2.52.380 POLICE
Municipal employee relations officer designated See SHERIFF
2.52.320
Purpose 2.52.010 POLICE ALARM
Repeal of prior provisions 2.52.070 See ALARM
Retirement
See Specific Subject POLLUTION
See Purpose See WATERCOURSE POLLUTION
Rules, regulations PREVENTION
adoption 2.52.330
adoption, effectiveness 2.52.130 PRELIMINARY SOIL REPORT
scope, applicability 2.52.120 See BUILDING
State law applicability 2.52.370
System adopted 2.52.020 PRIVATE SCHOOL
Written agreements, effect 2.52.360 Business license
See also BUSINESS LICENSE
PISTOL fee 5.04.420
See FIREARM
PROPERTY MAINTENANCE
PLANNING COMMISSION City powers 9.22.050
Chairman, election 2.32.040 Exemptions from provisions 9.22.030
Established 2.32.010 Franchise Tax Board, notice 9.22.060
Fences, location, height determination 16.28.030 Penalties 9.22.040
Flood area appeal duties 16.52.030 Prohibited acts 9.22.020
Purpose of provisions 9.22.010
2010 S -27
Cupertino - Index 24
PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030
REQUIREMENTS Contract
See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS
PRIVATE DEVELOPMENTS bid, award procedures 3.22.060
Definitions 3.22.020
PUBLIC SAFETY COMMISSION Exemptions
Compensation, expenses 2.60.050 See Public agencies, exemptions when
Duties, responsibilities 2.60.070 Funds availability required 3.22.050
Effect 2.60.080 Public agencies, exemptions when 3.22.070
Established 2.60.010 Purchase order, request, petty cash required
Meetings, quorum, officers, staff 2.60.040 3.22.040
Members Purpose of provisions 3.22.010
term of office 2.60.020
vacancy removal 2.60.030 PURCHASING OFFICER
Records required 2.60.060 Contract award authority 3.22.060
Designated 3.22.020
PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030
Award, criteria
lowest bid rejection, effect 3.23.100 -- Q --
lowest responsible bidder 3.23.070
Bid QUARANTINE
competitive, required when 3.23.030 See ANIMAL
exempt activities designated 3.23.130
informal procedure when 3.23.120 -- R --
invitation, notice, contents 3.23.040
opening, procedure 3.23.060 RECORDER, COUNTY
presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140 RECYCLING AND DIVERSION OF CONSTRUCTION
Definitions 3.23.020 AND DEMOLITION WASTE
Lowest responsible bidder Administrative fee, 16.72.060
See Award, criteria Covered projects, 16.72.030
Proceeds, deposit, use 3.23.150 Definitions, 16.72.020
Purpose of provisions 3.23.010 Diversion requirements, 16.72.040
Security Findings of the City Council, 16.72.010
See also Bid Information required before issuance of permit,
forfeiture when 3.23.080 16.72.050
Work Reporting, 16.72.070
additional, procedure when 3.23.160
deletion permitted when 3.23.170 REFUSE
See GARBAGE
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION RENTAL DISPUTE MEDIATION
Appeal 2.78.080
PUBLIC WORKS DIRECTOR Enforcement 2.78.090
Storm drainage service charge Purpose of provisions 2.78.010
collection duties 3.36.080 Subpoena
measurement, analysis methods report duties application
3.36.060 contents 2.78.050
premises inspection authority 3.36.190 procedure 2.78.040
form, serving 2.78.060
PURCHASING issuance
See also EQU[PMENT, SURPLUS, SALE authority 2.78.020
PUBLIC WORKS CONTRACTS findings required 2.78.070
restrictions 2.78.030
2009 S -20
24A Index
RESIDENTIAL CODE ADOPTED RIGHT OF ENTRY
Adoption of Appendix chapters 16.06.15 See INSPECTION
Automatic fire sprinkler systems 16.06.050
Code Adoption 16.06.010 ROLLER SKATES
Footings 16.06.070 Defined 11.08.014
Intermittent brace wall panel construction Prohibited where 11.08.270
methods 16.06.100 Violations, penalties 11.08.280
Materials and construction methods for
exterior wildfire exposure 16.06.060
Roof covering classification 16.06.080
Seismic reinforcing 16.06.090
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority 9.04.100
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIREMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
2010 S -27
25 Index
S _ SEWER
See also SUBDIVISION
SAFETY ASSESSMENT PLACARDS See also WATER
Application of provisions 16.80.020 See also WATER POLLUTION
Definitions 16.80.030 See also PREVENTION
Intent 16.80.010 Abandoned system 15.20.140
Placards 16.80.040 Appeals, generally 15.20.190
Applicability of provisions 15.20.010
SALE OF SURPLUS SUPPLIES, EQUIPMENT Alteration, permit required 15.20.070
See EQUIPMENT, SURPLUS, SALE Building permit issuance requirements 15.20.100
Definitions 15.20.020
SALES AND USE TAX Enforcement authority designated 15.20.170
Administration, state contract 3.08.050 Failing system, correction responsibilities 15.20.130
Collection, enjoining prohibited 3.08.160 Installation, construction, alteration inspections
Exemptions, exclusions 3.08.120 15.20.110
Operative date 3.08.030 state contractor's license required 15.20.090
Purpose 3.08.040 Liability disclaimer 15.20.160
Rate 3.08.020 New construction, permit required 15.20.060
Sales Nuisance declarations 15.20.120
place, consummation 3.08.070 Permit required
tax, imposed 3.08.060 alterations 15.20.070
Short title 3.08.010 new construction 15.20.060
State code septic tanks 15.20.080
additional permits not required 3.08.110 Private system requirements 15.20.040
amendments, chapter applicability 3.08.150 Purpose of provisions 15.20.010
limitations 3.08.100 Sanitary sewer, public, required, exceptions
provisions adopted 3.08.090 15.20.030
Use tax, imposed 3.08.080 Septic tank requirements 15.20.080
Violation, penalty 3.08.170 Soil tests 15.20.050
State contractor's license required when 15.20.090
SALESPERSON Violations
Business license designated 15.20.180
See also BUSINESS LICENSE recording notice 15.20.150
fee 5.04.290
SHEEP
SAN JOSE WATERWORKS See ANIMAL
See FRANCHISE
SHERIFF
SEASONAL LOT Bingo
Business license inspection 5.32.180
See also BUSINESS LICENSE permit applicant investigation 5.32.210
fee 5.04.330 Private patrol
identification card issuance 5.24.130
SECONDHAND DEALER permit application approval 5.24.040
Applicability of provisions 5.40.010 uniform, equipment approval, inspection
Definitions 5.40.020 5.24.120
Inspection authority 5.40.030
SHOPPING CENTER
SEISMIC SAFETY See also TRESPASSING
See TOXIC GASES Free speech activity restrictions 10.56.040
SIDEWALK
See STREETS AND SIDEWALKS
2010 S -27
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