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2011 S-29 CUPERTINO, CALIFORNIA Instruction Sheet 2011 S -29 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 10: PUBLIC PEACE, SAFETY AND MORALS 1,2 1,2 - - 47, 48 TITLE 11: VEHICLES AND TRAFFIC 25, 26 25, 26 49, 50 49, 50 TITLE 19: ZONING 35 through 38 35 through 38 Comprehensive Ordinance List 39, 40 39, 40 ]index 25 through 28 25 through 28 JBS 7/2011 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2011 S -29 Supplement contains: Local legislation current through Ordinance 2078, passed 6 -7 -11 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 TITLE 10: PUBLIC PEACE, SAFETY AND MORALS Chapter 10.10 Conduct in Public Buildings 10.20 Explosives 10.21 Newsracks 10.24 Fireworks 10.26 Regulation of Police Alarm Systems and Devices 10.27 Cigarette and Tobacco Vending Machines 10.30 Elimination of Bodily Waste in Public Places 10.44 Parades and Athletic Events 10.48 Community Noise Control 10.49 Consumption or Possession of Open Container of Intoxicating Liquors in Public Places 10.52 Distribution of Handbills and Advertisements 10.56 Trespassing Upon Parking Lots, Shopping Center Property Open to the Public 10.60 Regulation of Graffiti 10.68 Curfew 10.76 Firearms Permit 10.80 Solicitation Prohibitions on Designated Public Rights -of -Way 10.90 Smoking in: Recreational Areas 2011 S -29 1 10.90.010 CHAPTER 10.90: SMOKING IN RECREATIONAL AREAS Section 10.90.010 Definitions. or in any parking area adjacent to the Recreational area. 10.90.020 Smoking prohibited. The 25 foot prohibition does not apply to adjacent private 10.90.030 Other requirements and prohibitions. property. 10.90.040 Violation - penalty. B. Nothing in this chapter shall be construed to prohibit Smoking in any area in which such Smoking is 10.90.010 Definitions. already prohibited by state or federal law unless the applicable state or federal law does not preempt additional The following words and phrases, whenever used in local regulation. this chapter, shall have the meanings defined in this chapter C. No Person shall dispose of used Smoking waste unless the context clearly requires otherwise: within the boundaries of an area in which Smoking is A. "Parking Area" means a parking lot or any other prohibited by this chapter. area designated or primarily used for parking vehicles of D. Each instance of Smoking in violation of this Persons accessing a Recreational Area. chapter shall constitute a separate violation. For violations B. "Recreational Area" means any outdoor area, other than Smoking, each day of a continuing violation of including streets and sidewalks adjacent to Recreational this chapter shall constitute a separate violation. (Ord. areas, owned or operated by the City of Cupertino and 11 -2077 (part), 2011) open to the general public for recreational purposes, regardless of any fee or age requirement. The term 10.90.030 Other Requirements and Prohibitions. "Recreational Area" includes, but is not limited to parks, A. No ash can, ashtray, or other Smoking waste picnic areas, playgrounds, sports fields, golf courses, receptacle shall be placed in any area in which Smoking is walking paths, gardens, hiking trails, bike paths, horseback prohibited by this chapter. riding trails, swimming pools, roller- skating rinks, and B. No Person shall dispose of used Smoking waste skateboard parks. within the boundaries of an area in which Smoking is C. "Smoke" means the gases, particles, or vapors prohibited by this chapter. released into the air as a result of combustion, or C. The presence of Smoking waste receptacles in vaporization, when the apparent or usual purpose of the violation of subsection A. above or the absence of signs combustion, or vaporization is human inhalation of the shall not be a defense to a violation of any provision of this byproducts, except when the combusting or vaporizing chapter. material contains no tobacco or nicotine and the purpose of D. Each instance of Smoking in violation of this inhalation is solely olfactory, such as, for example, smoke chapter shall constitute a separate violation. For violations from incense. The term "Smoke" includes, but is not limited other than Smoking, each day of a continuing violation of to, tobacco smoke, and marijuana smoke. this chapter shall constitute a separate violation. (Ord. D. "Smoking" means engaging in an act that 11 -2077 (part), 2011) generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted 10.90.040 Violation - Penalty. cigarette of any kind; or; or lighting or igniting of a pipe, A. The remedies provided by this article are cigar, hookah pipe, or cigarette of any kind. (Ord. 11 -2077 cumulative and in addition to any other remedies available (part), 2011) at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the 10.90.020 Smoking Prohibited. City of Cupertino. Nothing in this chapter shall create a A. Smoking is prohibited anywhere in a Recreational right of action in any person against the City of Cupertino or Area and twenty -five (25) feet from the boundaries thereof, its agents to compel public enforcement of this article against any party. 2011 S -29 47 Cupertino - Public Peace, Safety and Morals 48 B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties. (Ord. 11 -2077 (part), 2011) 2011 S -29 25 Stop Signs 11.20.030 any stop sign which are so close as to constitute an Prospect Road and Stelling Road immediate hazard, and shall continue to yield the right -of- Rainbow Drive and Weymouth Drive way to such approaching vehicles until such time as he can Rainbow Drive and Yorkshire Drive proceed with reasonable safety. A driver having yielded may Rodrigues Avenue and Torre Avenue proceed, and the drivers of all other vehicles approaching on that part of the street protected by the stop sign shall yield Santa Clara Avenue and Grand Avenue the right -of -way to the vehicle about to enter or cross the Terrace Drive and Terra Bella Drive protected part of the street: Waterford Drive and Stelling Road. Alves Drive (Ord. 11 -2078, 2011; Ord. 2036, 2008; Ord. 1855, 2000; Bandley Drive Ord. 1765, (part), 1997; Ord. 1762, 1997; Ord. 1704, Bandley Drive at Mariani Avenue (part), 1995; Ord. 1698, (part), 1995; Ord. 1482, 1989; Blaney Avenue and Clifford Drive Ord. 1445, (part), 1988; Ord. 1429, (part), 1987; Ord. 1406, 1987; Ord. 1339, (part), 1985; Ord. 1297, 1985; Blaney Avenue and Forest Avenue Ord. 1268, 1984; Ord. 1181, 1982; Ord. 1130, (part), Blaney Avenue and John Drive 1981; Ord. 1070, 1980; Ord. 994, 1980; Ord. 976, 1980; Blaney Avenue and Merritt Drive Ord. 970, (part), 1980; Ord. 942, 1979; Ord. 900 (part), Blaney Avenue and Rodrigues Avenue 1978; Ord. 467, § 3.2, 1970) Blaney Avenue and Suisun Drive Blue Jay Drive and Northwest Square Bubb Road and Columbus Avenue Bubb Road and Hyannisport Drive Bubb Road and Pumpkin Drive Bubb Road and Rainbow Drive Byrne Avenue and San Fernando Avenue Calvert Drive and Tilson Avenue Dempster Avenue, Fitzgerald Drive and Peninsula Avenue Dempster Avenue and Stokes Avenue East Estates Drive and Davison Avenue East Estates Drive and Glenview Avenue East Estates Drive and La Mar Drive East Estates Drive and Richwood Drive Finch Avenue and Phil Lane Folkstone Drive and Yorkshire Drive Foothill Boulevard and Stevens Creek Boulevard Fort Baker Drive and Hyannisport Drive Granada Avenue and Pasadena Avenue Huntridge and Stelling Kim Street and Kirwin Lane Janice Avenue and Palo Vista Road Lazaneo Drive and Vista Drive Merritt Drive and Portal Avenue Mira Vista Road and Palm Avenue North Portal Avenue and Wheaton Drive Olive Avenue and Pasadena Avenue Orion Lane and Stelling Road Pacifica Drive and Farallon Avenue Prospect Drive and Seven Springs Parkway 2011 S -29 49 Permit Parking Zone 11.27.145 Street Limits Special Hours Street Limits Special Hours Fairwoods Court South Stelling Road Daily September Drive McClellan to 200 M - -F 9:00 a.m. - to end feet south of -5:00 p.m. Fenway Court All Daily 7:00 a.m.- August Lane -10:00 p.m. Shattuck Drive All M - -F 8:00 a.m. - Fort Baker Drive Presidio to M - -F 8:00 a.m.- 3:30 p.m. when Hyannisport -3:30 p.m. school is in session Hyannisport Drive Fort Baker to Linda M - -F 7:00 a.m.- Shelly Drive Bonny to Westacres M - -F 8:00 a.m. - Vista Drive -4:00 p.m. while -7:30 p.m. school is in session Stelling Road McClellan to Erin Daily Imperial Avenue Alcazar Avenue to M - -F 8:00 a.m.- Stevens Canyon West side Santa Daily McClellan Road -3:30 p.m. while Road Lucia north 200 feet school is in session Tula Court All First Saturday of Lily Avenue All M - -F 8:00 a.m.- each month 8:00 -7:30 p.m. a.m.- -12:00 p.m. Lily Court All M - -F 8:00 a.m.- Tula Lane All First Saturday of -7:30 p.m. each month 8:00 Madrid Road From McClellan M - -F 7:00 a.m.- a.m. - -12:00 p.m. Road to the end -4:00 p.m. Wilkinson Ave Hyannisport to M - -F 8:00 a.m. - McClellan Road East side, 430 feet M - -F 7:00 a.m.- Columbus -3:30 p.m. west of Byrne -4:00 p.m. Avenue to Madrid (Res. 03 -037, 2011; Ord. 1989, 2006; Res. 99 -154, 1999; Road Ord. 1731, (part), 1996) Merritt Drive Blaney to east of Sun 7:00 a.m. - Baywood Court 100 -12:00 p.m. feet 11.27.150 Penalty Provisions. New Haven Drive All M - -F 8:00 a.m.- A. It is unlawful and a violation of this chapter for a -3:30 p.m. person to falsely represent himself as eligible for a parking Noonan Court All M - -F 8:00 a.m.- permit or to furnish false information in an application -4:00 p.m. therefor to the Director of Public Works. Old Town Court All M - -F 8:00 a.m.- B. It is unlawful and a violation of this chapter for a -3:30 p.m. Orange Avenue East side McClellan M - -F 8:00 a.m.- person holding a valid parking permit issued pursuant hereto to Noonan Court -4:00 p.m. to knowingly permit the use or display of such permit on a Orange Avenue West side M - -F 8:00 a.m.- motor vehicle other than that for which the permit is issued. McClellan to -4:00 p.m. Such conduct shall constitute an unlawful act and violation Dolores of this chapter both by the person holding the valid parking Orange Tree Lane Cedar Tree Lane Sun 7:00 a.m.- permit and the person who so uses or displays the permit on south 175 feet -12:00 p.m. Peppertree Lane All M - -F 8:00 a.m.- a motor vehicle other than that for which it is issued. -7:30 p.m. C. It is unlawful and a violation of this chapter for a Peppertree Lane Stelling Road to Sat 8:00 a.m. - -4:00 person to copy, produce or otherwise bring into existence a p.m. facsimile or counterfeit parking permit or permits without Phar Lap Drive Stevens Creek Blvd. F - -Su 6:00 p.m.- written authorization from the Director of Public Works. It to Clearcreek Court -2:00 a.m. shall further be unlawful and a violation of this chapter for Presidio Drive Fort Baker to New M - -F 8:00 a.m.- a person to knowingly use or display a facsimile or Haven -3:30 p.m. Presidio Drive Providence Court to M - -F 8:00 a.m.- counterfeit parking permit in order to evade limitations on New Haven Court -3:30 p.m. parking applicable in a permit parking zone. Presidio Drive 100 feet east of M - -F 8:00 a.m.- D. Any person who violates any of the provisions of New Haven Court -3:30 p.m. this chapter shall be guilty of an infraction, and upon to 100 feet west of conviction thereof, be punished as provided in Chapter 1.12. New Haven Court (Ord. 1197, (part), 1982) Rose Blossom McClellan to Lily M - -F 8:00 a.m. - Way -7:30 p.m. Santa Lucia Road Stevens Canyon to Daily Merriman Road Scofield Drive Barbara to Western M - -F 8:00 a.m. - -7:30 p.m. September Court All M - -F 9:00 a.m. - -5:00 p.m. 2011 S -29 35 Single- Family Residential (R1) Zones 19.28.080 5. This section applies to the first story only and Planning Commission will make the final action on the shall not be construed to allow the further extension of an appeal. encroachment by any building, which is the result of the D. Expiration of a Minor Residential Permit. Unless granting of a variance or exception, either before or after a building permit is filed and accepted by the City (fees paid such property become part of the City. and control number issued) within one year of the Minor B. Architectural features (not including patio covers) Residential Permit approval, said approval shall become null may extend into a required yard a distance not exceeding and void unless a longer time period was specifically three feet, provided that no architectural feature or prescribed by the conditions of approval. In the event that combination thereof, whether a portion of a principal or the building permit expires for any reason, the Minor auxiliary structure, may extend closer than three feet to any Residential Permit shall become null and void. The Director property line. (Ord. 2039, (part), 2009; Ord. 1954, (part), of Community Development may grant a one -year extension 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; without a public notice if an application for a Minor Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. Modification to the Minor Residential Permit is filed before 1808, (part), 1999; Ord. 1618, (part), 1993; Ord. 1601, the expiration date and substantive justification for the Exh. A (part), 1992) extension is provided. E. Concurrent Applications. At the discretion of the 19.28.090 Minor Residential Permits. Director of Community Development a Minor Residential Projects that require a Minor Residential Permit shall Permit can be processed concurrently with other be reviewed in accordance with this section. The purpose of discretionary applications. (Ord. 2039, (part), 2009; Ord. this process is to provide affected neighbors with an 1954, (part), 2005) opportunity to comment on new development that could have significant impacts on their property or the neighborhood as 19.28.100 Two -Story Residential Permit. a whole. Two -story additions or two -story new homes require a A. Notice of Application. Upon receipt of a complete Two -Story Residential Permit in accordance with this application, a notice shall be sent by first class mail to all section. Two -story projects with a floor area ratio under owners of record of real property (as shown in the last tax 35 % shall require a Level I Two -Story Residential Permit, assessment toll) that are adjacent to the subject property, while a two -story project with a floor area ratio over 35 % including properties across a public or private street. The shall require a Level II Two -Story Residential Permit. notice shall invite public comment by a determined action A. Notice of Application (Level I). Upon receipt of date and shall include a copy of the development plans, a complete application, a notice shall be sent by first class eleven inches by seventeen inches m size. mail to all owners of record of real property (as shown in B. Decision. After the advertised deadline for public the last tax assessment toll) that are adjacent to the subject comments, the Director of Community Development shall property, including properties across a public or private approve, conditionally approve, or deny the application. The street. The notice shall invite public comment by a permit can be approved only upon making all of the determined action date and shall include a copy of the following findings: development plans, eleven inches by seventeen inches in 1. The project is consistent with the Cupertino size. General Plan, any applicable specific plans, zoning 1. Posted Notice. The applicant shall install a public ordinances and the purposes of this title. notice in the front yard of the subject site that is clearly 2. The granting of the permit will not result in a visible from the public street. The notice shall be a condition that is detrimental or injurious to property or weatherproof sign, at least two feet tall and three feet wide improvements in the vicinity, and will not be detrimental to firmly attached to a five -foot tall post. The notice shall the public health, safety or welfare. remain in place until an action has been taken on the 3. The proposed project is harmonious in scale and application and the appeal period has passed. The sign shall design with the general neighborhood. contain the following: 4. Adverse visual impacts on adjoining properties a. The exact address of the property, if known, or have been reasonably mitigated. the location of the property, if the address is not known. C. Notice of Action. The City Council, Planning b. A brief description of the proposed project, the Commission, applicant and any member of the public that content of which shall be at the sole discretion of the City; commented on the project shall be notified of the action by c. City contact information for public inquiries; first class mail or electronic mail. Any interested party may appeal the action pursuant to Chapter 19.136, except that the 2009 S -20 19.28.100 Cupertino - Zoning 36 d. A deadline for the submission of public Community Development may grant a one -year extension, comments, which shall be at least fourteen days after the without a public notice, if an application for a Minor date the notice is posted; Modification to the Two -Story Permit is filed before the e. A black and white orthographic rendering of the expiration date and substantive justification for the extension front of the house, at least eleven inches by seventeen inches is provided. in size. The City shall approve the illustration or rendering G. Concurrent Applications. At the discretion of the prior to posting. Director of Community Development, a Two -Story Permit B. Notice of Application (Level II). Upon receipt of can be processed concurrently with other discretionary a complete application, a notice shall be sent by first class applications. (Ord. 2039, (part), 2009; Ord. 1954, (part), mail to all owners of record of real property (as shown in 2005) the last tax assessment toll) that are within three hundred feet of the subject property. The notice shall invite public 19.28.110 Exceptions. comment by a determined action date and shall include a A. Where results inconsistent with the purpose and copy of the development plans, eleven inches by seventeen intent of this chapter result from the strict application of the inches in size. provisions hereof, exceptions to section 19.28.060, 1. Posted Notice. The applicant shall install a public 19.28.070 and 19.28.120 may be granted as provided in this notice consistent with subsection A(1) of this section, except section. that a colored perspective rendering shall be required instead 1. Notice of Application. Upon receipt of a complete of a black and white orthographic rendering. application, the Community Development Department shall C. Story Poles. Story poles are required for any set a time and place for a public hearing before the Design Two -Story Residential Permit. Review Committee and send a notice by first class mail to D. Decision. After the advertised deadline for public all owners of record of real property (as shown in the last comments, the Director of Community Development shall tax assessment toll) that are within three hundred feet of the approve, conditionally approve, or deny the application. The subject property. Properties that are adjacent to the subject permit can be approved only upon making all of the site, including those across a public or private street, shall following findings: receive a reduced scale copy of the plan set with the public 1. The project is consistent with the Cupertino notice. General Plan, any applicable specific plans, zoning 2. Decision. After closing the public hearing, the ordinance and the purposes of this title. decision -maker shall approve, conditionally approve, or 2. The granting of the permit will not result in a deny the application based on the findings in this section. condition that is detrimental or injurious to property or Any interested party can appeal the decision pursuant to improvements in the vicinity, and will not be detrimental to Chapter 19.136. the public health, safety or welfare. 3. Expiration of an Exception. Unless a building 3. The proposed project is harmonious in scale and permit is filed and accepted by the City (fees paid and design with the general neighborhood. control number issued) within one year of the Exception 4. Adverse visual impacts on adjoining properties approval, said approval shall become null and void unless a have been reasonably mitigated. longer time period was specifically prescribed by the E. Notice of Action. The City Council, Planning conditions of approval. In the event that the building permit Commission, applicant and any member of the public that expires for any reason, the Exception shall become null and commented on the project shall be notified of the action by void. The Director of Community Development may grant first class mail or electronic mail. Any interested party may a one -year extension, without a public notice, if an appeal the action pursuant to Chapter 19.136, except that the application for a Minor Modification to the Exception is Planning Commission will make the final action on the filed before the expiration date and substantive justification appeal. for the extension is provided. F. Expiration of a Two -Story Permit. Unless a 4. Findings for Approval. building permit is filed and accepted by the City (fees paid a. Issued by the Director of Community and control number issued) within one year of the Development. The Director of Community Development Two -Story Permit approval, said approval shall become null may grant exceptions from the prescriptive design regulation and void unless a longer time period was specifically described in Section 19.28.060 G(3) upon making all of the prescribed by the conditions of approval. In the event that following findings: the building permit expires for any reason, the Two -Story i. The project fulfills the intent of the visible Permit shall become null and void. The Director of second -story wall height regulation in that the number of 2011 S -29 37 Single - Family Residential (R1) Zones 19.28.110 two -story wall planes and the amount of visible second story 4. The building design shall incorporate straight wall area is reduced to the maximum extent possible. architectural lines, rather than curved lines. ii. The exception to be granted is one that will 5. Section 19.28.060 G(4) is considered a guideline require the least modification of the prescribed design in the R1 -e district. regulation and the minimum variance that will accomplish 6. The first floor shall be no more than twelve the purpose. inches above the existing grade. iii. The proposed exception will not result in 7. Exterior walls located adjacent to side yards shall significant visual impact as viewed from abutting properties. not exceed nine feet in height measured from the top of the b. Issued by the Design Review Committee. The floor to the top of the wall plate. Design Review Committee may grant exceptions from the C. Privacy Protection Requirements. prescriptive design regulations described in Section 1. Side and Rear Yard Facing Second Floor 19.28.060, except 19.28.060 G(3) and Section 19.28.130 Windows. In addition to other privacy protection upon making all of the following findings: requirements in Section 19.28.070, the following is required i. The literal enforcement of this chapter will result for all second story windows: in restrictions inconsistent with the spirit and intent of this a. Cover windows with exterior louvers to a height chapter. of six feet above the second floor; or ii. The proposed development will not be injurious b. Obscure glass to a height of six feet above the to property or improvements in the area, nor be detrimental second floor; or to the public safety, health and welfare. c. Have a window sill height of five feet minimum iii. The exception to be granted is one that will above the second floor. (Ord. 2039, (part), 2009; Ord. require the least modification of the prescribed design 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 regulation and the minimum variance that will accomplish (part), 2000) the purpose. iv. The proposed exception will not result in 19.28.130 Development Regulations— (R1 -a). significant visual impact as viewed from abutting properties. R1 -a districts are intended to reinforce the semi -rural B. Notwithstanding the above, a request for setting in neighborhoods with large lots. Regulations found reasonable accommodation may be made by any person with in the other sections of this chapter shall apply to properties a disability, when the strict application of the provisions in zoned R1 -a. In the event of a conflict between other this chapter, act as a barrier to fair housing opportunities, regulations in this chapter and this section, this section shall pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. prevail. 2039, (part), 2009; Ord. 1954, (part), 2005) A. Lot Area Zoning Designations. The minimum lot size is ten thousand square feet. 19.28.120 Development Regulations — Eichler B. Lot Width. The minimum lot width is (R1 -e). seventy -five feet measured at the front -yard setback line. R1 -e single - family residence "Eichler districts" protect C. Second Story Area. A second floor shall be no a consistent architectural form through the establishment of more than forty percent of the first floor, except as follows: district site development regulations. Regulations found in 1. A second floor may be at least seven hundred the other sections of this chapter shall apply to properties square feet in area. zoned R1 -e. In the event of a conflict between other 2. In no case shall a second floor be more than one regulations in this chapter and this section, this section shall thousand one hundred square feet in area. prevail. Nothing in these regulations is intended to preclude D. Setback - First Story. a harmonious two -story home or second story addition. 1. Front Yard. The minimum front yard setback is A. Setback -First Story. thirty feet. 1. The minimum front yard setback is twenty feet. 2. Side Yard. The minimum side yard setback is ten B. Building Design Requirements. feet. 1. Entry features facing the street are integrated with 3. Rear Yard. The minimum rear yard setback is the roof line of the house. twenty feet. 2. The maximum roof slope is three -to- twelve (rise E. Setback - Second Story. over run). 1. Front Yard. The minimum front yard setback is 3. Wood or other siding material located on walls thirty feet. facing a public street (not including the garage door) shall 2. Side Yard. The combined side yard setbacks shall incorporate vertical grooves, up to six inches apart. be thirty -five feet, with a minimum of fifteen feet. 2011 S -29 19.28.130 Cupertino - Zoning 38 3. Rear Yard. The minimum rear yard setback is should have sill heights of five feet or greater to mitigate forty feet. intrusion into a neighbor's privacy. 4. The setback surcharge in Section 19.28.060 E(3) 2. All second story wall heights greater than six does not apply in this district. feet, as measured from the second story finished floor, F. Second -story Regulations. should have building wall offsets at least every twenty -four 1. Second story decks shall conform to the feet, with a minimum four -foot depth and ten -foot width. second -story building setbacks, and may be located on the The offsets should comprise the full height of the wall plane. front and rear only. 3. Section 19.28.060 G(4) is considered a guideline 2. The second -story shall not cantilever over a in the R1 -a district. first -story wall plane. 4. Garages. The maximum width of a garage on the 3. The front - facing wall plane(s) of the second -story front elevation should be twenty -five feet, which will must be offset a minimum of three feet from the first -story accommodate a two -car garage. Additional garage spaces wall plane(s). The intent of this regulation is to avoid a should be provided through the use of a tandem garage or a two -story wall plane on the front elevation. detached accessory structure at the rear of the property. G. Front Yard Paving. No more than fifty percent of L. Permitted Yard Encroachments. the front yard setback area may be covered with a 1. Where a principal building legally constructed combination of impervious or semi - pervious surfaces. No according to existing yard and setback regulations at the more than forty percent of the front yard setback area may time of construction encroaches, upon present required be covered with an impervious surface such as concrete or yards, one encroaching side yard setback may be extended asphalt. along its existing building line. H. Heights. The maximum exterior wall height and a. The extension or addition may not further building height on single -story structures and single -story encroach into any required setback and the height of the sections of two -story structures must fit into a building existing non - conforming wall and the extended wall may not envelope defined by: be increased. 1. A twelve -foot high vertical line measured from b. In no case shall any wall plane of a first -story natural grade and located ten feet from property lines; addition be placed closer than three feet to any property line. 2. A twenty -five degree roof line angle projected c. This section does not apply to attached accessory inward at the twelve -foot high line referenced in subsection structures such as attached carports. H(2)(1) of this section. d. This section applies to the first story only and I. Variation from the RI and RI -a regulations shall shall not be construed to allow the further extension of an require a Variance pursuant to Chapter 19.124 of the encroachment by any building, which is the result of the Cupertino Municipal Code in the R1 -a district. granting of a variance or exception, either before or after Notwithstanding the above, a request for reasonable such property become part of the City. accommodation may be made by any person with a 2. Architectural features (not including patio covers) disability, when the strict application of the provisions in may extend into a required yard a distance not exceeding this section, act as a barrier to fair housing opportunities, three feet, provided that no architectural feature or pursuant to Chapter 19.50. combination thereof, whether a portion of a principal or J. Design Review. All two -story development shall auxiliary structure, may extend closer than three feet to any require discretionary review based on Section 19.28.100, property line. except that the Design Review Committee shall approve or 3. Front Porch. Traditional, open porches are deny the project at a public hearing based on the findings in encouraged in this zone. When viewed from the street, a subsection N(1) of this section. porch should appear proportionately greater in width than in K. Design Guidelines. The guidelines in this section height. A porch differs from an entry element, which has a shall be used in conjunction with the City's Single Family proportionately greater height than its width. Use of this Residential Design Guidelines. In cases where there may be yard encroachment provision shall require the approval of conflict between the two sets of guidelines, this Section shall the Director of Community Development. take precedence. Nonconformance with the guidelines shall a. Posts. Vertical structural supports, such as posts, be considered acceptable only if the applicant shows that for porches are allowed to encroach two feet into the there are no adverse impacts from the proposed project. required front setback. Structural supports must be designed 1. Second -story windows. Windows on the side such that the appearance is not obtrusive or massive. elevations should be fixed and obscured to a height of six b. Columns. The use of large columns or pillars is feet above the second floor, should have permanent exterior discouraged. louvers to a height of six feet above the second floor or 2010 S -25 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 Violation, penalty 17.52.080 Illumination restrictions 17.24.190 Wall sign regulations Inspection 17.12.100 example of how to figure size of Ch. 17, App. A -8 Modification 17.12.070 location 17.24.050 Well proportioned signs, examples of Ch. 17, Appx. A -2 2011 S -29 27 Index SKATEBOARDS STORM DRAINAGE SERVICE CHARGE Defined 11.08.015 Adjustments, conditions 3.36.160 Prohibited where 11.08.270 Amount Violations, penalties 11.08.280 See Imposed, determination, applicability Applicability SMALL - INCOME BUSINESS See Exemptions Business license Imposed, determination, applicability See also BUSINESS LICENSE Collection fee 5.04.450 See also Disputed charges Payment SMOKING IN RECREATIONAL AREAS balance, procedure 3.36.090 Definitions 10.90.010 omitted charges 3.36.100 Other requirements and prohibitions 10.90.030 procedure, regulations generally Smoking prohibited 10.90.020 3.36.080 Violation - penalty 10.90.040 Definitions 3.36.020 Delinquent SODA FOUNTAIN See Payment See RESTAURANT Disputed charges See also Adjustments, conditions SOILS REPORT procedure 3.36.150 See BUILDING Effective date 3.36.070 SUBDIVISION Exemptions 3.36.040 Fund SOLICITOR See STORM DRAINAGE SERVICE CHARGE See also STREETS, SIDEWALKS FUND Administrative authority 5.20.100 Imposed, determination, applicability 3.36.030 Business license Payment See also BUSINESS LICENSE See also Collection fee 5.04.290 Disputed charges Definitions 5.20.010 delinquency Exemptions from provisions 5.20.015 See also due date Hours of operation 5.20.090 enforcement 3.36.200 Identification permit penalty 3.36.140 denial, appeal 5.20.050 due date 3.36.130 display on demand 5.20.120 location 3.36.120 issuance 5.20.040 owner responsibility 3.36.110 nontransferable 5.20.110 Premises inspection, scope, authority 3.36.190 revocation Purpose, limitations of provisions 3.36.010 appeals 5.20.070 Refunds, conditions 3.36.180 grounds 5.20.060 Revenues, use, limitations 3.36.170 Posting of premises 5.20.140 Review Vehicle requirements 5.20.080 measurement, analysis methods report Violation, penalty 5.20.130 3.36.060 procedure generally 3.36.050 SPECIFIC PLAN Use See LAND DEVELOPMENT PLANNING See Revenues, use, limitations SPORTING EVENT STORM DRAINAGE SERVICE CHARGE FUND Regulations, permit Created, purpose, use 3.36.170 See PARADES AND ATHLETIC EVENTS STREET IMPROVEMENT Agreement deferred See Deferred agreement 2011 S -29 Cupertino - Index 28 installation Remedies cumulative 14.04.290 See Installation agreement Requirements generally 14.04.040 reimbursement Rules, regulations 14.04.120 See Reimbursement agreement Standard specifications 14.04.200 Appeals 14.04.240 Street, highway width 14.04.210 Applicability of provisions 14.04.020 Violation Chapter conformance required 14.04.250 nuisance 14.04.260 Credit penalty 14.04.280 prior improvements 14.04.150 utility connection denial 14.04.270 purpose 14.04.100 Dedication STREETS AND SIDEWALKS determination by class 14.04.140 See also SUBDIVISION requirements 14.04.130 Cleated vehicle operation, prohibitions 14.08.080 time, purpose 14.04.050 Depositing dirt, rocks prohibited 14.08.070 Deferred agreement Encroachment See also In -lieu payment, deferred agreement permit generally applications, deposit 14.08.040 purpose 14.04.080 issuance 14.08.050 Exceptions 14.04.230 required 14.08.030 Fees 14.04.190 Obstruction In -lieu payment applicability 14.08.090 See also In -lieu payment, deferred agreement definitions 14.08.010 See also overhead, prohibited 14.08.020 generally violation, penalty 14.08.100 purpose 14.04.070 Soliciting on schedule 14.04.180 definitions 10.80.010 In -lieu payment, deferred agreement generally no vehicle solicitation zone 10.80.030 14.04.060 prohibited 10.80.020 Installation agreement, bond, other securities violation, penalty 10.80.040 14.04.170 Street improvements Interim 14.04.090 See STREET IMPROVEMENT Legal description required 14.04.220 Trees Permit, preceding See TREES conditions 14.04.160 Underground installations, specifications, purpose 14.04.110 supervision 14.08.050 Preceding permit Underground utilities See Permit, preceding See UNDERGROUND UTILITIES Purpose, intent 14.04.030 Reimbursement agreement SUBDIVISION funds disposition 14.04.176 Access required 14.04.175 direct access Reimbursement charges See Street applicability 18.56.010 requirements 18.32.120 charges additional 18.56.080 Alley dedication cost of land, interest 18.56.050 See Street definitions 18.56.020 Amendment funds, disposition 18.56.060 See Map land acquisition, cost, interest 18.56.070 Applicability of provisions 18.04.040 purpose of provisions 18.56.010 Attorney responsibilities 18.08.020 reimbursement agreement Certificate of correction See also Reimbursement agreement See Map required 18.56.040 Citation 18.04.010 rules, regulations, establishment authority Compliance 18.56.090 certificate of compliance issuance 18.48.030