CC Ordinance No. 1777•
ORDINANCE N0.
1777
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE 16 OF THE
CUPERTMO MUNICIPAL CODE FOR THE PURPOSE. OF CONFORMING THE
PROVISIONS OF THE CODE TO TfiE REQUIREMENTS OF STATE AND FEDERAL LAW,
CONFORMING TEIE PROVISIONS OF 1'HE CODE TO BE CONSISTENT WITH ['RESENT
CITY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS,
CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLIDATING AND
STREAMLINING VARIOUS PROVISIONS.
THE CITY COLTIC[L OP TEIE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AND
ENACT THE FOLLOMNG:
Section 16.04.040 is hereby repealed.
Section 16.04.150 is hereby repealed.
Section 16.08.020.1 S is hereby amended to read as follows:
15. "Master storm drain plan" means the master plan adopted by ilte City of Cupertino for
the purpose of regulating the storm drainage system or amendments thereafter adopted by
the City Council.
Section 16.08.080A is hcrcby amended to read as follows:
A. Application form, as specified by the Director;
' • Section 16.0R.090 is hcrcby repealed.
•1 Section 16.08.1408 is hcrcby repealed.
Section 16.08.180B is hcrcby repealed.
There is hcrcby added to the Municipal Codc of Cupertino Section 16.08.185 which is to read as
follows:
1G.08.185 Grading permit-Emergency
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Whenever the Director determines, after review by a civil engineer, that any existing
excavation or embankment or fill has become a hazard to lift and limb, or endangers
property, or adversely affects the safety, use, or stability of a public way or drainage
channel, the owner of the property upon which the excavation or till is located, or other
person or agent in control or possession of said property, upon receipt of notice in writing
from the Director, shall within the period specified therein, repair or eliminate such
excavation or embankment so as to eliminate the hazard and be in conformance with the
requirements of this chapter.
If it can be shown to the satisfaction of the Director that the hazard can be essentially
eliminated by the construction of retaining structures, buttress f lls, draining devices or by
other means, the Director may issue the permit with the condition that such work be
performed.
Section 16.08.190C is hereby repealed. ,
Section 16.08.200A(1) is hereby amended to read as follows:
1. Maximum Slope. Cuts shall not be ...
Section 16.08.2508 is hereby amended to read as follows:
B. In addition to neccssvy inspection of grading and drainage work, the Director shall
inspect the site for compliance with the interim plan and related conditions of the permit on
or about September 15th of each year.
Sections 16.08.250B(1) and (2) arc hereby repealed.
Section 16.08.280A is hereby repealed.
Section 16.08.280B is hereby repealed.
Section 16.08.280C is hereby repealed.
There is hereby added to the Municipal Code of Cupertino Section 16.08.290 which is to read as
follows:
1b.08.290 Violation--1'cnalry
Any person who violates the provisions of this chapter including non-compliance with a
stop work order issued pursuant to Section I b.08.260 or Section 16.08.270 shall be guilty of
a misdemeanor and upon conviction thereof shall be punished a provided in Chapter 1.12.
There is hereby added to the Mwticipal Codc of Cupertino Section 16.08.300 which is to read as
follows:
16.08.300 Remedies cumulative.
All remedies prescribed in this chapter shall be cumulative, and the use of any remedy by
the Ciry shall not bar the use of any other remedy authorized by the California Penal Codc,
. any other statute of the State or other ordinances of the City.
• The Name of Chapter 16.12 is hereby amended to read as follows:
SOILS REPORT
Section 16.12.010 is hereby amended to read as follows:
The ordinance codified in this chapter is enacted pursuant to the provisions of Sections
17953 through 17957 of the Health and Safety Code of the state, relating to housing, and
reaffirms the requirement of an approved soils report as a condition to the issuance of a
building permit.
Section 16.12.020 is hereby amended to read as follows:
A soils report, as described in Seciion 17953 of the California Health and Safety Code, shall
be required of every subdivision as defined in the Subdivision Map Act of the State
of Califomia (commencing at Section 66410 of the Califomia Government Codc)
and shall also be required as a condition precedent to the issuance of any building
pennit for any structure to be built on any lot or subdivision.
Said soils report may be waived if the City of Cupertino Public Works Department
determines that, due to the knowledge such department has as to the soil qualities of the soil
of the subdivision or lot, no analysis is necessary.
• In the case of individual single family residential lots, one method that such knowledge may
be obtained by the Public Works Department is tluough an informal letter of review
consisting of a statement that in the opinion of a soils engineer licensed by the State of
Califomia, the provision of the Uf3C apply without modification or special work being
involved. Said letter shall also address any other concern expressed by the City Engineer
concerning soil conditions.
Section 16.12.040 is hereby amended to read as follows:
The soils report shall be prepared by a civil engineer who is registered by the state and shall
be based upon adequate test borings, excavations, or in the case of the letter of review, field
observations.
Section 16.16.020 is hereby amended to read as follows:
Article 100 as amended by adding thereto the following:
A. Electrical Contractors: For the purpose of this article, an Electrical Contractor shall
be a person holding a valid electrical contractor's license issued by the State of California.
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• B. Journeyman Electrician: A journeyman electrician is an electrician qualifted by training
• and experience to do e;ectrical work in conjunction with new construction and/or rework of
existing systems.
C. Maintenance Electrician: A maintenance electrician in an electrician qualified by
training and experience to do the recumng work required to keep a facility in such
condition that it may be utilized at its designated capacity and efficiency, to do repair work
or replacement or overhaul of constituent parts or materials to keep or restore a facility to a
condition substantially equivalent to its original or design capacity or efficiency.
There is hereby added to the Municipal Code of Cupertino Section 16.16.025 which is to read as
follows:
1G.16.025 Electrical Work
Electrical work shall be done only by:
a. Owner/occupant;
b. Electrical contractors who are in compliance with the state licensing laws and whose
employees are under the direct supervision of a qualified journeyman electrician;
c. General Building Contractor with current B-1 license in conjunction with building permit
only;
d. Maintenance electrician.
• Section 16.16.070 is hereby amended to read as follows:
16.16.070 Violation--Penalty
Any person, firm, corporation, partnership or co-partnership who willfully violates any of
the provisions,....
Section 16.20.030 is hereby repealed.
Section 16.20.040 is hereby repealed.
Section 16.20.080 is hereby amended to read as follows:
16.20.080 condensate disposals.
1994 UPC Section 807.2 is amended by replacing it with the following:
Condensate from air-cooling coils mid comfort cooling equipment not intended to be used
for the storage or holding of food or drinks shall be collected and discharged to an approved
point of disposal acceptable to the Administrative Authority.
• Termination of such drains shall be made by an air break. Condensate drain lines in sizes 1
1/4" and larger shall be assembled using approved drainage pipe and fittings. condensate
waste water shall not drnin over or upon a public way, sidewalk, pedestrian ramp or the like.
The waste pipe shall have a slope of not less than 1 /8 inch per foot and shall be of approved
corrosion-resistant material not smaller than the outlet size as required below for air-cooling
coils or condensing fuel-bunring appliances, respectfully....
Section 16.20.080 "Findings" is hereby amended to read as follows:
Findings
The waste water treatment facilities serving many silicon valley cities are operating at or
near maximum capacity. The discharge of treated waste water into San Francisco Bay is
detrimental to its sensitive ecosystem.
Cooling coil and comfort cooling equipment condensate waste discharge does not contain
pollutants which require treatment before being discharged into sanitary sewers or the
ground.
Section 16.20.090 "A. PART ONE" is hereby repealed.
Section 16.20.100 is hereby repealed.
There is hereby added to the Municipal Code of Cupertino Section 16.20.100 which is to read as
follows:
16.20.100 Violation--Penalty.
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 of this code.
There is hereby added to the Municipal Code of Cupertino Section 16.20.110 which is to read as
follows:
1 b.20.110 Schedule of Pecs.
Fees shall be paid to the City as set forth in the latest resolution adopted by the City.
There is hereby added to the Municipal Code of Cupertino Section 16.20.120 which is to read as
follows:
16.20.120 Board of Appeals.
In order to determine the suitability of alternate materials and methods of construction and
to provide for reasonable interpretations of the provisions of this Code, there shall be and is
. hereby created a Board of Appeals, consisting of five members who are qualified by
. experience and training to pass upon matters pertaining to building construction installation
and materials. The Building Official shall be an ex-officio member and shall act as
Secretary of the Board. The Board of Appeals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold office at his pleasure. The Board shall
adopt reasonable rules and regulations for conducting its investigations and shall render all
decisions and findings in writing to the Building Official with a duplicate copy to the
appellant, and may recommend to the city Council such new legislation as is consistent
therewith. The same personnel of the Board of Appeals appointed under this code may act
as the Board of Appeals under the other building construction unifonn codes. In the event
an Appeals Board is not appointed by the legislative body, the Council shall serve as said
Appeals Board.
Section 16.24.020 is hereby amended to read as follows:
The names "Cupertino" and/or "California" shall be inserted in the appropriate places
provided therefor in each and every section of said uniform mechanical code wherein the
name of the City or State is left blank.
Section 16.24.030 is hereby amended to read as follows:
16.24.030 Condensate wastes.
• 1994 UMC Section 310.1 is mnended by replacing it with the following:
Condensate from air cooling coils and comfort cooling equipment not intended to be used
for the storage or holding of food or drinks shall be collected and discharged to an approved
point of disposal acceptable to the Administrative Authority.
Termination of such drains shall be made by an air break. Condensate drain lines in sizes 1-
1/4" and larger shall be assembled using approved drainage pipe and fittings. Condensate
waste water shall not drain over or upon a public way, sidewalk, pedestrian ramp or the like.
Findings
The waste water treatment facilities serving many Silicon Valley cities are operating at or
near maximum capacity. The discharge of treated waste water into San Francisco Bay is
detrimental to its sensitive ecosystems.
Cooling coil and comfort cooling equipment condensate waste discharge does not contain
pollutants which require treatment before being discharged into sanitary sewers or the
ground.
Section 16.24.040 is hereby repealed.
, Section 16.24.060 is hereby amended to read as follows:
. 16.24.060 Board of appeals.
In order to determine the suitability....
Section 16.24.080 is hereby amended to read as follows:
16:20.080 Violation--Penalty.
My 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.
Section 16.28.040C is hereby amended to read as follows:
C. Where asix-foot fence is allowed, and eight-foot high fence can be constructed in lieu
thereof subject to building permit approval and upon receipt of written approval from
property owners sharing the common fence.
Section 16.28.060A is hereby amended to read as follows:
A. Application and Pee. Application shall be made in writing to the Planning Conunission
on a form prescribed by the Director of Planning and Development. The application shall
be accompanied by a fee as provided in the most recent city council resolution regarding
such fees and charges.
There is hereby added to the Municipal Code of Cupertino Section 16.28.065 which is to read as
follows:
t 6.28.065 Temporary fences for construction.
The chief $uilding Official may require persons constructing structures in the city to erect
and maintain temporary fences around all or a portion of the constructian site in order to
secure the site from entry by the general public.
Section 16.28.090 is hereby repealed.
Section 16.32.080 is hereby amended to read as follows:
My person who violates the provisions of this chapter shall be guilty of an infraction and
upon conviction thereof shall be punished as provided in Chapter 1.12.
There is hereby added to the Municipal Code of Cupertino Section 16.32.090 which is to read as
follows:
16.32.090 Correction of errors.
• The issuance of a permit upon plans and specifications shall not prevent the Administrative
Authority from thereafter requiring the correction of errors in"said plans and specifications
or from preventing construction operations being carried on thereunder when in violation of
this chapter or of any other ordinance or from revoking any certificate of approval when
issued in error.
Section l b.32.100 is hereby repealed.
There is hereby added to the Municipal Code of Cupertino Section 16.32.100 which is to read as
follows:
16.32.100 Expiration of permit.
Every permit issued by the Administrative Authority under the provisions of this chapter
shall expire by limitation and becomes null and void if the work authorized by such permit
is not commenced within sixty days from the date of such permit, or if the work authorized
by such permit is suspended or abandoned at any time after the work is commenced for a
period of sixty days. Before such work can be recommenced, a new permit shall be first
obtained.
. Section 16.3b.030D is hereby repealed.
There is hereby added to the Municipal Code of Cupertino Section 16.36.055 which is to read as
follows:
16.36.055 Permit--Pees
No permit shall be issued to any person unless there is on deposit with the City Clerk all
required fees and charges as provided by the most recent city council resolution, together
with the cost of the service rendered by any employee of the City or by any company or
corporation in protecting, trimming, or cutting trees or removing and replacing wires or
poles; and such sums as will be necessary to cover a-ry damage done to the property of any
person along the route of the removal. Any dispute between the holder of a permit and the
City as to the cost of any service rendered by any person or the amount of damage done to
the property of any person shall be referred to the Chief building Official whose decision
shall be final.
Section 16.36.070D is hereby repealed.
Section 16.40.070 "One Time Fce" table #4 is hereby amended to read as follows:
. Day Care Facilities
, Seven or more
. Section 16.40.930 is hereby amended to read as follows:
Any person operating or maintaining an occupancy, premises or vehicle subject to this code
who allows a hazard to exist or who fails to take immediate action to abate a hazard on such
occupancy, premises or vehicle when ordered or notified to do so shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of
this code.
Section 16.40.940 is hereby repealed.
Section 16.40.950A is hereby amended to read as follows:
A. The maintenance of real property in violation of this chapter or of any order of the fire
district pursuant thereto, is declared to be a public nuisance and is subject to the abatement
procedures of Chapter 1.09 of the Cupertino Municipal Code.
Section 16.40.950D is hereby repealed.
Section 16.42.280 is hereby repealed.
Chapter 16.44 is hereby repealed.
Appendix A of Chapter 16.44 is hereby repealed.
Chapter i 6.48 is hereby repealed.
Chapter 16.52 Article subtitles are hereby repealed.
Chapter 16.60 is hereby repealed.
Chapter 16.60 Table 16.60A is hereby repealed.
Chapter 16.60 Table 16.60B is hereby repealed.
Chapter 16.60 Table 16.60C is hereby repealed.
Chapter 16.b0 Table 16.60D is hereby repealed.
Chapter 16.60 Table 16.60E is hereby repealed.
Chapter 16.60 Table 16.60E is hereby repealed.
• Chapter 16.60 Demand/Capacity Ratio graph is hereby repealed.
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INTRODUCED: FEBRUARY 2, 1998
PASSED: FEBRUARY 17, 1998
Vote: _ _ __ __ Members of the Citv Council
Ayes: BURNETT, llEAN, JAMES, STATTON, C1iANG
Noes: NONE
Absent: NONE
Abstain: NONE
ATTEST: APPROVED:
II (~
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City Clerk Mayor, City of Cu ertino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
i CITY OF CUPERTMO )
I, KIME3ERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copy of
Ordinance No. /7'7d enacted on Yi'?aech.. a, / 9`lQ
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~ `f+t.. day of
~y1'icuc~. , 19 98 .
~ ~.
t t KIMDER~H. City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California