Ordinance 1822
• ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE 2, 3, 5, 10, 16, 19
OF THE CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF CONFORMING TILE
PROVISIONS OF THE CODE TO THE REQUIREMENTS OF STATE AND FEDERAL LAW,
CONFORMING THE PROVISIONS OF THE CODE TO BE CONSISTENT WITH PRESENT
CITY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS,
CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLIDA'CING AND
STREAMLINING VARIOUS PROVISIONS.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES IIEREI3Y ORDAIN that the
following sections of the Cupertino Municipal Code shall be amended to read as follows:
Section 2.04.010 is hereby amended to read as follows:
The City Council shall hold regular meetings on the first and third Mondays of each
month at six forty-five p.m., and may adjourn any regular meeting at a date certain, which
shall be specited in the order of adjournment and when so adjoumed, such adjourned meeting
shall be a regular meeting for all purposes. Such adjourned meetings may likewise be
• adjoumed and any so adjourned shall be a regular meeting for all purposes.
City Council meetings that fall on legal holidays shall automatically be moved to the
following day.
Section 3.12.040 is hereby repealed.
Section 5.04.2$OC is hereby repealed.
Section 5.28.070N is hereby amended to read as follows:
N. Evidence of enrollment in a mandatory controlled substance and alcohol testing
certification program tar all drivers with Cupertino listed as a notified party;
Section 5.28.165E is hereby amended to read as follows:
E. Have on the with the City certification from employer of a current negative test for
alcohol and for each of the controlled substances specified in Part 40 (commencing with
• Section 40.1) of Title 49 of the Code of Federal Regulations. (A negative test for alcohol
means an alcohol screening test showing a breath alcohol concentration of less than 0.02
r
percent.) Sclf-employed independent drivers shall have test results reported directly to the
City Manager from the testing agency.
Section 10.52.060 is hereby amended to read as tbllows:
After obtaining any permit required by this chapter, the permittee shall obtain a
business license in accordance with section 5.04.280 of this Cupertino Municipal Code.
Section 16.28.060C is hereby amended to read as follows:
C. Appeals. Any application for exception which received final approval or
disapproval by the Pl:u~ning Commission may be appealed to the City Council as provided by
section 19.136.060 of this code.
Section 16.52.041B(1) is hereby amended to read as follows:
1. Be elevated so that the lowest floor is one foot above the base: flood elevation; and
Section 16.52.OS1 is hereby amended to read as follows:
New construction and substantial improvements shall have the lowest floor, including
basement elevated to one toot above base flood elevation....
Section 16.52.052 is hereby amended to read as follows:
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, elevated to one
toot above the level of the base flood elevation; or. •..
Section 16.S2.OS3B(4)(a) is hereby amended to read as follows:
a. Stands or lots are elevated on compacted till or on pilings so that the lowest floor of
the manufactured home will be one foot above the base flood level;
Section 19.20.040A(1) is hereby corrected to read as follows:
1. Temporary uses subject to regulations established by Chapter 19.128,
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PUBLICATION CLAUSE:
The Ciry Clerk shall cause this ordinance to Ix published at least once in a newspaper of
general cin;ulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code § 36933, shall certify to the adoption of this ordinance and shall
cause this ordinance and her certification, together with proof of publication, to be entered in the
Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
3rd day of May , 199 9 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the [7th day of Maw , 199,, by the following vote:
Vote: Members of the Citv Council
Ayes: BURNETT, CNANG, JAMES, STATION, DEAN
Noes: NONE
Absenl: NONE
Abstain: NONE
ATTEST: APPROVED:
_~ G
City Clerk Mayor
•
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY 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 true and correct copy Hof Olyd~ina/nce No, /~ ~- Z-- ,which
~i was enacted on 1>l~ic~' ~ ~ ~ ,and that it has
been rublished or posted rursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~,? ~{!1 day of ~ _ , 19 `79 .
~~nlc~~~~~ -- ~~
KIMBERLY SMI I, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California