2012 S-32 CUPERTINO, CALIFORNIA
Instruction Sheet
2012 S-32 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 3: REVEN1JE AND FINANCE
9, 10 9, 10
TITLE 9: HEALTH AND SANITATION
35 through 38J 35 through 38T
TITLE 11: VEHICLES AND TRAFFIC
13, 14 13, 14
TITLE 19. ZONING
99 through 102 99 through 102
111, 112 111, 112
Comprehensive Ordinance List
27, 28 27, 28
37 through 42 37 through 42
Index
19, 20 19, 20
25 through 28 25 through 28
35, 36 35, 36
kdd
March,2012
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2012 S-32 Supplement contains:
Local legislation current through Ordinance 2091, passed 2-21-12
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
3.12.010
CHAPTER 3.12: TRANSIENT OCCUPANCY TAX*
Section
3.12.010 Short title. C. "Occupancy"means the use or possession,or the
3.12.020 Definitions. right to the use or possession of any room or rooms or
3.12.030 Imposition. portion thereof, in any hotel for dwelling, lodging or
3.12.050 Operator's duties. sleeping purposes;
3.12.060 Registration. D. "Transient" means any person who exercises
3.12.070 Reporting and remitting. occupancy or is entitled to occupancy by reason of
3.12.080 Penalties and interest. concession, permit, right of access, license or other
3.12.090 Failure to collect and report agreement for a period of thirty consecutive calendar days
tax-Determination of tax by Tax or less,counting portions of calendar days as full days. Any
Administrator. such person so occupying space in a hotel shall be deemed
3.12.100 Appeal. to be a transient until the period of thirty days has expired
3.12.110 Records. unless there is an agreement in writing between the operator
3.12.120 Refunds. and the occupant providing for a longer period of
3.12.130 Actions to collect. occupancy. In determining whether a person is a transient,
3.12.140 Violation-Penalty. uninterrupted periods of time extending both prior and
subsequent to the effective date of the ordinance codified
* For statutory provisions regarding the authority herein may be considered;
of cities to impose a tax on the occupancy of E. "Rent"means the consideration charged,whether
room space within the city limits, see Rev. and or not received, for the occupancy of space in a hotel valued
Tax. Code Sec. 7280. in money,whether to be received in money,goods, labor or
otherwise, including all receipts, cash, credits and property
and services of any kind or nature, without any deduction
3.12.010 Short Title. therefrom whatsoever;
This chapter shall be known as the "uniform transient F. "Operator" means the person who is proprietor
occupancy tax ordinance" of the City. (Ord. 310, § 1, of the hotel, whether in the capacity of owner, lessee,
1965) sublessee, mortgagee in possession, licensee, or any other
capacity. Where the operator performs his functions
3.12.020 Definitions. through a managing agent of any type or character other
Except where the context otherwise requires, the than an employee, the managing agent shall also be deemed
definitions given in this section govern the construction of an operator for the purposes of this chapter and shall have
this chapter: the same duties and liabilities as his principal. Compliance
A. "Person" means any individual, firm, with the provisions of this chapter by either the principal or
partnership,joint venture,association,social club,fraternal the managing agent shall, however, be considered to be
organization,joint stock company,corporation,estate,trust, compliance by both;
business trust, receiver, trustee, syndicate, or any other G. "Tax Administrator" means the City's Director
group or combination acting as a unit; of Administrative Services or designee. (Ord. 1705, (part),
B. "Hotel" means any structure, or any portion of 1995; Ord. 310, § 2, 1965)
any structure,which is occupied or intended or designed for
occupancy by transients for dwelling, lodging or sleeping 3.12.030 Imposition.
purposes, and includes any hotel, inn, tourist home or For the privilege of occupancy in any hotel, each
house, motel, studio hotel, bachelor hotel, lodging house, transient is subject to and shall pay a tax in the amount of
rooming house, apartment house, dormitory, public or twelve percent of the rent charged by the operator. The tax
private club,mobilehome or house trailer at a fixed location, constitutes a debt owed by the transient to the City, which
or other similar structure or portion thereof;
2012 S-32 9
3.12.030 Cupertino-Revenue and Finance 10
is extinguished only by payment to the operator or to the 3.12.070 Reporting and Remitting.
City. The transient shall pay the tax to the operator of the Each operator shall, on or before the last day of the
hotel at the time the rent is paid. If the rent is paid in month following the close of each calendar quarter,or at the
installments, a proportionate share of the tax shall be paid close of any shorter reporting period which may be
with each installment. The unpaid tax shall be due upon the established by the Tax Administrator, make a return to the
transient's ceasing to occupy space in the hotel. If for any Tax Administrator, on forms provided by him, of the total
reason the tax due is not paid to the operator of the hotel, rents charged and received and the amount of tax collected
the Tax Administrator may require that such tax is paid for transient occupancies. At the time the return is filed,the
directly to the Tax Administrator. (Ord. 2089, § 1, 2011; full amount of the tax collected shall be remitted to the Tax
Ord. 1705, (part), 1995; Ord. 1563, 1991; Ord. 1520, Administrator. The Tax Administrator may establish shorter
1990;Ord. 1485, 1989;Ord. 1400, 1987;Ord. 1341, 1985; reporting periods for any certificate holder if he deems it
Ord. 1210, 1982; Ord. 1187, 1982; Ord. 310, § 3, 1965) necessary in order to insure collection of the tax and he may
require further information in the return. Returns and
3.12.050 Operator's Duties. payments are due immediately upon cessation of business for
Each operator shall collect the tax imposed by this any reason. All taxes collected by operators pursuant to this
chapter to the same extent and at the same time as the rent chapter shall be held in trust for the account of the City until
is collected from every transient. The amount of tax shall payment thereof is made to the Tax Administrator. (Ord.
be separately stated from the amount of the rent charged, 310, § 7, 1965)
and each transient shall receive a receipt for payment from
the operator. No operator of a hotel shall advertise or state 3.12.080 Penalties and Interest.
in any manner,whether directly or indirectly,that the tax or A. Original Delinquency. Any operator who fails to
any part thereof will be assumed or absorbed by the remit any tax imposed by this chapter within the time
operator, or that it will not be added to the rent, or that, if required shall pay a penalty often percent of the amount of
added, any part will be refunded except in the manner the tax in addition to the amount of the tax.
hereinafter provided. (Ord. 310, § 5, 1965) B. Continued Delinquency. Any operator who fails
to remit any delinquent remittance on or before a period of
3.12.060 Registration. thirty days following the date on which the remittance first
Within thirty days after the effective date of the became delinquent shall pay a second delinquency penalty of
ordinance codified herein, or within thirty days after ten percent of the amount of the tax in addition to the
commencing business, whichever is later, each operator of amount of the tax and the ten percent penalty first imposed.
any hotel renting occupancy to transients shall register the C. Fraud. If the Tax Administrator determines that
hotel with the Tax Administrator and obtain from him a the nonpayment of any remittance due under this chapter is
"Transient Occupancy Registration Certificate" to be at all due to fraud, a penalty of twenty-five percent of the amount
times posted in a conspicuous place on the premises. The of the tax shall be added thereto in addition to the penalties
certificate shall, among other things, state the following: stated in subparagraphs A. and B. of this section.
A. The name of the operator; D. Interest. In addition to the penalties imposed,any
B. The address of the hotel; operator who fails to remit any tax imposed by this chapter
C. The date upon which the certificate was issued; shall pay interest at the rate of one-half of one percent per
D. This "Transient Occupancy Registration month or fraction thereof on the amount of the tax,exclusive
Certificate" signifies that the person named on the face of penalties, from the date on which the remittance first
hereof has fulfilled the requirements of the Uniform became delinquent until paid.
Transient Occupancy Tax Ordinance by registering with the E. Penalties Merged With Tax. Every penalty
Tax Administrator for the purpose of collecting from imposed and such interest as accrues under the provisions of
transients the Transient Occupancy Tax and remitting said this section shall become a part of the tax herein required to
tax to the Tax Administrator. This certificate does not be paid. (Ord. 310, § 8, 1965)
authorize any person to conduct any unlawful business or to
conduct any lawful business in an unlawful manner, nor to 3.12.090 Failure to Collect and Report Tax--
operate a hotel without strictly complying with all local Determination of Tax by Tax Administrator.
applicable laws, including but not limited to those requiring If any operator fails or refuses to collect said tax and
a permit from any board,commission, department or office to make,within the time provided in this chapter,any report
of this city. This certificate does not constitute a permit. and remittance of said tax or any portion thereof required by
(Ord. 310, § 6, 1965) this chapter, the Tax Administrator shall proceed in such
manner as he may deem best to obtain facts and information
2012 S-32
9.18.010
CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION*
Section
9.18.010 Purpose of chapter. 9.18.230 Civil penalty for violation-Payment of
9.18.015 Administration. funds to account.
9.18.020 Definitions. 9.18.240 Civil penalty for illicit
9.18.030 Limitations on point of discharge. discharges-Payment of funds to account.
9.18.040 Discharge into the storm drain prohibited. 9.18.250 Notice of violation.
9.18.060 Protection of storm drain from accidental 9.18.260 Administrative penalties-Payment of
discharge. funds to account.
9.18.070 Accidental discharge-Notification of 9.18.270 Severability.
discharge.
9.18.080 Permitted discharges pursuant to industrial * Prior ordinance history: Ord. 1571.
and construction stormwater NPDES
general permits.
9.18.090 Stormwater pollution prevention plan 9.18.010 Purpose of Chapter.
(SWPPP). The U.S. Environmental Protection Agency has
9.18.100 Permanent stormwater measures required identified urban stormwater runoff as the leading cause of
for development and redevelopment water pollution in the United States. Section 402(p) of the
projects. federal Clean Water Act, as amended by the Water Quality
9.18.110 Design standards for permanent Act of 1987, requires National Pollution Discharge
stormwater treatment measures. Elimination System (NPDES) permits for stormwater
9.18.115 Trash load reductions to storm drain discharges from municipal separate storm sewer systems
collection system. (MS4s), stormwater discharges associated with industrial
9.18.120 Stormwater management plan required for activity (including construction activities), and designated
regulated projects. stormwater discharges, which are considered significant
9.18.130 Low impact development(LID) contributors of pollutants to waters of the United States. As
requirements. a result, the California Regional Water Quality Control
9.18.150 Stormwater treatment measure operation Board, San Francisco Bay Region has issued a Municipal
and maintenance responsibility. Regional Stormwater Discharge NPDES permit to the City
9.18.160 Agreement to maintain stormwater of Cupertino and to seventy-six other agencies and entities
treatment systems and best management that discharge stormwater runoff to San Francisco Bay.This
practices. Municipal Regional Stormwater NPDES Permit requires that
9.18.170 Stormwater treatment systems and BMP the City of Cupertino implement a Stormwater Management
inspection and verification responsibility Program to prevent exceedances of water quality objectives
(C.3.h). and ensure that discharges do not cause, threaten to cause,
9.18.180 Records of maintenance and inspection or contribute to water quality impairment of waters of the
activities and submission of revised State, specifically local waterways and San Francisco Bay.
stormwater management plan. The purpose of this chapter is to provide regulations
9.18.190 Failure to maintain. and give legal effect to certain requirements of the
9.18.195 Inspections by City. Municipal Regional Permit issued to the City of Cupertino
9.18.200 Inspection and maintenance easement. on October 14, 2009(Effective December 1, 2009), and to
9.18.210 Stormwater pollutant source controls and ensure ongoing compliance with the most recent version of
BMPs. the City of Cupertino's NPDES permit regarding municipal
9.18.220 Violation. stormwater and urban runoff requirements. This chapter
2012 S-32 35
9.18.010 Cupertino-Health and Sanitation 36
shall apply to all water entering the storm drain system 4. "Best management practice." ("BMP") A
generated on any private, public, developed and structural device, measure, facility, or activity that helps to
undeveloped lands lying within the City. This chapter shall achieve stormwater management control objectives at a
be construed to assure consistency with the requirements of Regulated Project or applicable site. BMPs include, but are
the Clean Water Act and Porter-Cologne Act and any not limited to the following: secondary containment for
applicable implementing regulations,as they exist at the time storage receptacles;rock entrances at construction site exits;
of enactment or as later amended. timers on sprinklers and berms and filter fabrics protecting
Enactment of this chapter falls within the goals stated storm drain inlets. "Maintenance of a best management
in the City's General Plan, sections 5-32 through 5-37 practice or stormwater treatment system." Periodic action
(Urban Runoff Pollution) and the scope of the City of taken to maintain the as-designed performance of best
Cupertino police powers to protect the health, safety, and management practice or stormwater treatment system, and
welfare of its residents. Nothing in this chapter is intended includes, but is not limited to, repairs as necessary and
to preclude more stringent federal or state regulation of any replacement of the best management practice or stormwater
activity covered by this chapter. (Ord. 2088, § 1 (part), treatment system by an equally effective or more effective
2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), best management practice or stormwater treatment system.
2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 5. "Bio-retention area." Landscaping features
1992) adapted to treat stormwater runoff on a development site.
Surface runoff is directed into shallow, landscaped
9.18.015 Administration. depressions. These depressions are designed with soil
This chapter shall be administered by the Director of mixtures and vegetation that incorporate many of the
Public Works. Any powers granted to or duties imposed pollutant removal systems that operate in a natural
upon this individual to administer, implement and enforce ecosystem. If the subsurface soils will not allow for natural
the provisions of this chapter may be delegated to other City infiltration(e.g.,heavy clay soil),the filtered runoff may be
personnel. (Ord. 2088, § 1(part), 2012) collected in a perforated underdrain in the area and returned
to the storm drain collection systems.
9.18.020 Definitions. 6. "CASQA." California Stormwater Quality
For the purposes of this chapter, the following words Association.
and phrases shall have the meanings ascribed to them by this 7. "CASQA Stormwater Best Management Practice
section, unless the context or the provision clearly requires Handbook." The four-volume set of handbooks for New
otherwise. Words and phrases not defined in this chapter and Redevelopment, Construction, Industrial and
shall have the definitions set forth in the Municipal Regional Commercial, and Municipal operations produced by
Permit or by the regulations implementing the National CASQA and available at www.casga.org.
Pollutant Discharge Elimination System, Clean Water Act 8. "City." All the territory lying within the
Section 402, and Division 7 of the California Water Code, municipal boundaries of the City of Cupertino, as presently
as they currently exist or may be amended. existing, plus all territory which may be added thereto
1. "Applicant."Any person,firm,or governmental during the effective term of the ordinance codified in this
agency who executes the necessary forms to procure official chapter.
approval of a project or a permit to carry out construction of 9. "Conditionally Exempt Discharge." A
a project. categorization of non-stormwater discharges based on
2. "Applicable site."Any site that could reasonably potential for pollutant content that may be discharged upon
be considered to cause or contribute to pollution of adequate assurance that the discharge contains no pollutants
stormwater runoff. This definition includes but it not of concern at concentrations that will impact beneficial uses
limited to pollutant sources associated with outdoor process or cause exceedances of water quality standards.
and manufacturing areas, outdoor material storage areas, 10. "Construction." Constructing,clearing,grading,
outdoor waste storage and disposal areas, outdoor vehicle or excavation that results in soil disturbance. Construction
and equipment storage and maintenance areas, outdoor also includes structure demolition. Construction does not
parking areas and access roads,outdoor wash areas,outdoor include routine maintenance to maintain original line and
drainage from indoor areas, rooftop equipment, grade, hydraulic capacity, or original purpose of a facility,
contaminated and erodible surface areas, and other sources nor does it include emergency construction activities
determined to have a reasonable potential to contribute to required to immediately protect public health and safety,
pollution of stormwater runoff. interior remodeling with no outside exposure of construction
3. "Authorized enforcement official."The Director material or construction waste to stormwater or mechanical
of Public Works or the Director's designees. permit work.
2012 S-32
37 Stormwater Pollution Prevention and Watershed Protection 9.18.020
11. "Cooling system." The pipes, heat exchangers drain system. Discharger also means the owners of real
and other appurtenances used to convey cooling water in property on which such activities,operations or facilities are
cooling towers, direct contact cooling systems and similar located; provided, however, that a local government or
fixed cooling systems. Multiple units of a cooling water public authority is not a discharger as to activities conducted
system serving a building or piece of equipment are by others in public rights-of-way.
considered as one system if the cooling water distribution 20. "Easement." A grant or reservation by the owner
system units are physically connected. of land for the use of such land by others for a specific
12. "Deemed complete." The City reviews purpose or purposes, and which must be included in the
development applications within 30 days of submittal to conveyance of land affected by such easement.
determine whether all the required information has been 21. "Enforcement Notice." A notice provided to the
provided and the application can be"deemed complete"and responsible party and/or property owner to warn of
accepted. If the application submittal is incomplete, staff impending or current enforcement actions imposed by the
sends a letter to the applicant indicating that the application City for violations or threatened violations of the Municipal
is "deemed incomplete" and lists the items needed to NPDES Stormwater Discharge permit or other provisions of
complete the application. If the Planning Division's written this chapter. Enforcement notices include but are not
determination is not made within 30 days after receipt of the limited to a notice of violation (NOV), a pre-citation
application, under State Law, it is deemed "complete" and warning notice, a pre-citation letter, or an administrative
staff proceeds with processing the application. citation fine.
13. "Detached single-family home project." The 22. "Enforcement Response Plan." A plan
building of one single new house or addition and/or established, maintained and revised as necessary by the
replacement of impervious surface to one single existing Director of Public Works which contains guidelines and
house, which is not part of a larger plan of development. criteria for implementing consistent and escalating
14. "Detention." The temporary storage of storm enforcement for repeated violations of the same type from
runoff in a manner that controls peak discharge rates and the same source.
provides some gravity settling of pollutants. 23. "Engineer-of-Record." The California
15. "Development." Any construction, Registered Professional Engineer who designs the
rehabilitation,redevelopment or reconstruction of any public stormwater treatment measures and develops the Stormwater
or private project, or mass grading for anticipated Management Plan for a Regulated Project, as required by
construction. Development does not include routine the Municipal Regional Permit.
maintenance to maintain original line and grade, hydraulic 24. "Existing conditions." Refers to the conditions
capacity or original purpose of a facility,nor does it include that exist on a site before the commencement of a land
emergency construction activities required to protect development project and at the time the City of Cupertino
immediately public health and safety. approves plans for the land development of a site. Where
16. "Diligently pursuing a project" or "diligent phased development or plan approval occurs (preliminary
pursuance of a project." Any action taken by the project grading,roads and utilities,etc.),the existing conditions are
applicant to obtain the necessary approvals from the City, considered those at the time before the first item being
which may be demonstrated by the project applicant's approved or permitted.
submittal of supplemental information to the original project 25. "Food service facility." Any nonresidential
application, plans, or other documents required for any establishment that uses or generates grease when preparing
necessary approvals. food.
17. "Director of Public Works." The Director of 26. "Full trash capture" or a "full capture system or
Public Works and his or her duly authorized agents and device." Any single device or series of devices that traps all
representatives. particles retained by a 5 mm mesh screen and has a design
18. "Discharge." When used as a verb, means to treatment capacity of not less than the peak flow rate Q
allow pollutants to directly or indirectly enter stormwater, resulting from a one-year, one-hour storm in the
or to allow stormwater or non-stormwater to directly or sub-drainage area and as approved by the San Francisco Bay
indirectly enter the storm drain system from an activity or Regional Water Quality Control Board, Region 2.
operation. When used as a noun, "discharge" means the 27. "General permit." An NPDES permit issued
pollutants, stormwater or non-stormwater, that are under Code of Federal Regulations Section 122.28(40 CFR
discharged. 122.28) authorizing a category of discharges under the
19. "Discharger." Any person or entity engaged in Clean Water Act within a geographical area.
activities or operations or owning facilities, which will or 28. "Grease." Includes fats, oils, waxes, or other
may result in pollutants entering stormwater or the storm related constituents. Grease may be of vegetable or animal
2012 S-32
9.18.020 Cupertino-Health and Sanitation 38
origin, including butter,lard,margarine, vegetable fats and natural infiltration of water into soil. Impervious surfaces
oils, and fats in meats, cereals, seeds, nuts and certain include, but are not limited to, rooftops, buildings, streets
fruits. Grease may also be of mineral origin, including and roads, and concrete or asphalt surfaces.
kerosene, lubricating oil, and road oil. 36. "Impervious surface area." The ground area
29. "Grease removal device." An interceptor, trap covered or sheltered by an impervious surface,measured as
or other mechanical device designed, constructed and if from directly above.
intended to remove, hold or otherwise prevent the passage 37. "Infiltration." The process of percolating
of grease to the sanitary sewer. stormwater or non-stormwater into the subsoil.
30. "Hazardous material." Any material, which 38. "Infiltration device." Any structure deeper than
because of its quantity, concentration, toxicity, wide, with no underdrain, designed primarily to infiltrate
corrosiveness, mutagenicity, flammability or physical, (percolate)water into the subsurface and bypass the natural
chemical or infectious characteristics may cause or groundwater protection afforded by surface soil. The
significantly contribute to an increase in mortality or definition of stormwater infiltration device does not include
serious, irreversible or incapacitating illness, or pose a any septic system or other waste water disposal system, any
substantial present or potential hazard to human health or the infiltration of water other than stormwater, Santa Clara
environment when improperly treated,stored,transported or Valley Water District percolation ponds, lined sumps and
disposed of, or otherwise mismanaged. basins, or any naturally occurring body of surface water.
31. "Hydromodification." Changes to the storm (1) Examples of best management practices that are
water runoff characteristics of a watershed caused by stormwater infiltration devices include, but are not limited
changes in land use. Hydromodification can increase the to:
velocity, volume, and duration of storm water runoff and A. Infiltration basins and trenches(including French
intensify sediment transport. These changes increase the drains);
erosion potential of the receiving watercourse. Problems B. Infiltration and exfiltration trenches;
resulting from hydromodification include channel scouring, C. Unlined retention basins (i.e., basins with no
bank undercutting,and channel widening and deepening,all outlets);
of which adversely impact downstream habitats. D. Unlined or open-bottomed vaults or boxes
32. "Hydromodification management"("HM").The installed below grade that store stormwater allowing
requirements for Regulated Projects that create or replace infiltration into subsurface soils;
one acre or more of impervious surface and are not E. Dry wells; and
specifically excluded in the requirements of Provision F. Injection wells.
C.3.g.ii and Attachment F for the Santa Clara County (2) The definition of infiltration device does not apply
permittees,as adopted in the Municipal Regional Permit. A to the following best management practices that treat
project that does not increase impervious surface area over stormwater and then release it into a storm drain system:
the pre-project condition does not qualify as an HM project. A. Media filtration devices.
The HM is designed to manage increases in the magnitude, B. Underground detention system;
volume and duration of runoff from new development and C. Hydrodynamic devices;
significant redevelopment projects in order to protect D. Water quality inlet filters;
streams from increased potential for erosion or other E. Contained and flow-through planter boxes;
adverse impacts. The HM contains management standards F. Roof gardens;
and performance criteria for subject development which are G. Extended detention basin;
incorporated into this chapter. H. Any device with an impermeable liner and
33. "Illegal connection." The connection of an underdrain/outfall to the storm drain.
unauthorized discharge conduit to a storm sewer or 39. "In-lieu fees." The monetary amount necessary
watercourse through or by which an illicit discharge may be to provide both hydraulically-sized treatment in accordance
discharged. with numeric sizing (MRP Provision C.3.d) and LID
34. "Illicit discharge." Any discharge to a storm treatment measures of an equivalent quantity of stormwater
drain system that is not composed entirely of stormwater runoff and pollutant loading and a proportional share of the
except discharges pursuant to an NPDES permit, including operation and maintenance costs of the Regulated Project.
categorically allowed discharges and conditionally exempted 40. "Irrigation or landscape irrigation." The
discharges noted in Provision C.15 of the Municipal artificial application of water to the land, landscaping or
Regional Permit. soil,used to assist in establishing vegetation,maintenance of
35. "Impervious surface." A surface composed of landscape (e.g. watering of lawn), growing of agricultural
any material that significantly impedes or prevents the crops and revegetation of disturbed soils in dry areas and
during periods of inadequate rainfall.
2012 S-32
38A Stormwater Pollution Prevention and Watershed Protection 9.18.020
41. "Land development activities." Those actions or of the stormwater runoff in a development site, by
activities that comprise, facilitate, or result in land temporarily storing stormwater near where it falls as
development. precipitation. Micro-detention is one of several Best
42. "Land disturbance activity." Any activity that Management Practices that can be used to treat or infiltrate
moves soils or substantially alters the pre-existing vegetated stormwater or collect it for reuse at a development site and
or man-made cover of any land including,but not limited to, can include common landscaping features such as small
grading,digging,cutting scraping,stockpiling or excavating garden areas, tree grates, perimeter hedges, and
of soil; placement of fill materials; paving, pavement bio-retention areas such as rain gardens; it may also include
removal, exterior construction; substantial removal of non-vegetated areas such as sub-surface storage areas with
vegetation where soils are disturbed including, but not regulated out-flow.
limited to, removal by clearing or grubbing or any activity 48. "Mobile Businesses." Service providing
which bares soil or rock or involves streambed alterations or businesses that operate by traveling to customers or
diversion or piping of any watercourse. Land disturbance customer's sites, rather than operating from a permanently
activity does not include routine maintenance to maintain fixed facility. Examples of mobile businesses with a
original line and grade, hydraulic capacity, or the original potential to discharge non-stormwater discharges are, but
purpose of the facility, nor does it include emergency are not limited to,automobile washing,vehicle oil changing,
construction activities required to protect public health and power washing, steam cleaning, and carpet cleaning.
safety. 49. "Municipal National Pollutant Discharge
43. "Land owner"or"Property Owner." The holder Elimination System (NPDES) Permit." The Municipal
of legal title to the land, and other persons or entities who Regional Stormwater National Pollution Discharge
exercise control over a land development project pursuant to Elimination System permit issued to the City of Cupertino
rights granted in a purchase agreement, joint venture by the Regional Water Quality Control Board, San
agreement, development agreement, or long-term lease. Francisco Bay Region, also termed the Municipal Regional
44. "Landscape." As it is used in this chapter, Permit(MRP). All requirements in the Municipal Regional
landscape may be,but is not limited to,garden areas,lawn, Permit are required and enforceable by the City.
turf, trees, hedges, vegetated areas, planting areas, rain 50. "New development." A land development
gardens, native vegetation, existing wildland, and open activity on a previously undeveloped site.
spaces with permeable ground. 51. "Non-stormwater." Any discharge that is not
45. "Low Impact Development" ("LID"). An composed entirely of stormwater.
approach to new and redevelopment designs to reduce runoff 52. "Notice of Violation" ("NOV"). An official
and mimic a site's predevelopment hydrology by minimizing written notice of noncompliance,issued to a discharger from
disturbed areas and impervious cover, and promoting the Director of Public Works, which provides notification
infiltration,storage,detainment,evapotranspiration,and/or that a violation of this chapter has occurred, consistent with
the harvesting of stormwater runoff close to its source. LID an Enforcement Response Plan written in accordance with
techniques include both source control and site design permit requirements.
measures and employ principles such as preserving and 53. "NPDES."As authorized by the Clean Water Act
recreating natural landscape features and minimizing (CWA), the National Pollutant Discharge Elimination
imperviousness. LID stormwater control measures include, System (NPDES) Permit Program which controls water
but are not limited to, rain barrels, cisterns, green roofs, pollution by regulating sources that discharge pollutants into
permeable pavement, and preserving undeveloped open waters of the United States. The State Water Board
space. LID principles treat stormwater as a resource, rather establishes policies and regulations that help protect and
than a waste product that must be removed from the site. restore the water quality in California,coordinates with and
46. "Maximum extent practicable." A standard for supports Regional Water Board efforts, and reviews
implementation of stormwater management programs to Regional Water Board actions. The Regional Water Boards
reduce pollutants in stormwater to the maximum extent monitor and enforce the plans,policies, and regulations and
possible, taking into account equitable considerations and issue the vast majority of NPDES permits, typically for a
competing facts including,but not limited to the seriousness five-year term.
of the problem,public health risks, environmental benefits, 54. "Operation and maintenance agreement." A
pollutant removal effectiveness,regulatory compliance,cost written agreement providing for the long-term operation and
and technical feasibility. maintenance of stormwater treatment measures at a site or
47. "Micro-detention." A series of multiple small with respect to a land development project, which when
stormwater detention areas that absorb or detain some or all recorded in the deed records constitutes a restriction on the
2012 S-32
9.18.020 Cupertino-Health and Sanitation 38B
title to a site or other land involved in a land development 63. "Riparian areas." An ecosystem that is the
project. interface between dry land and a water body such as a
55. "Owner." The legal or beneficial owner of a creek, stream,river,lake,or marsh. Vegetation in riparian
site, including but not limited to, a mortgagee or vendee in areas is characterized by a predominance of hydrophilic
possession, receiver, executor, trustee, lessee or other plants.
person, firm or corporation in control of the site. 64. "Runoff." The water from rain or irrigation that
56. "Permeable or Pervious surfaces." Surfaces such flows over the land surface and is not absorbed into the
as pervious concrete, porous asphalt, unit pavers, and/or ground,instead flowing into streams or other surface waters
granular materials that allow water to infiltrate into or land depressions.
subsurface soil. 65. "Runon."Water entering a specific location from
57. "Permit." The permit issued by the City of elsewhere on or off a site.
Cupertino to the applicant required for undertaking any land 66. "Sanitary sewage or sewage." Water-carried
development activity. wastes from residences, business property, institutions and
58. "Person." Any person, firm, association, industrial property excluding ground water, surface water,
organization, partnership, business trust, joint venture, and storm waters.
corporation or company, and includes the United States,the 67. "Santa Clara Valley Urban Runoff Pollution
State of California, the County of Santa Clara, special Prevention Program." ("SCVURPPP") The Santa Clara
purpose districts and any officer or agency thereof. Valley Urban Runoff Pollution Prevention Program is an
59. "Pollutant of Concern." As described in the association of thirteen cities and towns in the Santa Clara
Municipal Regional Permit, pollutants of concern are, but Valley, together with Santa Clara County and the Santa
are not limited to, sewage, industrial wastes, heavy metals, Clara Valley Water District. Program participants,referred
sediments from active or inactive construction sites,vehicle to as Co-permittees, share a common Municipal Regional
fluids,chlorine and chlorine compounds(including pool and Permit to discharge stormwater to South San Francisco Bay.
spa water), synthetic organics (pesticides, herbicides, and 68. "Secondary containment." The level of
PCBs), paints, solvents, trash, litter, cardboard, debris, containment external to and separate from the primary
rubbish, refuse, bark, sawdust, or other solid wastes. containment,designed as the first level of protection against
60. "Redevelopment." Any land-disturbing activity accidental discharges or overflows from the primary
that results in the creation, addition, or replacement of containment.
exterior impervious surface area on a site on which some 69. "Sewer system or sanitary sewer system." All
past development has occurred. Redevelopment includes, sewers and other facilities for carrying,collecting,treating,
but is not limited to the expansion of a building footprint; and disposing of sanitary sewage.
addition or replacement of a structure; replacement of 70. "Site." Any tract, lot or parcel of land or
impervious surface area that is not part of a routine combination of tracts, lots, or parcels of land, which are in
maintenance activity; and land disturbing activities related one ownership, or are contiguous and in diverse ownership
to structural or impervious surfaces. Excluded are interior where a development is to be performed as part of a unit,
remodels; routine maintenance or repair, such as roof or subdivision, or project.
exterior wall surface replacement; and pavement 71. "Site design measures." Techniques designed to
maintenance resurfacing within the existing footprint. reduce the amount of runoff by decreasing the amount of
61. "Regional project." A regional or municipal impervious surface, infiltrating runoff into the soil and/or
project with sufficient capacity or credit to protect or temporary detention. Examples of site design measures
enhance water quality and/or beneficial uses in a manner include directing runoff to landscaped areas, limiting the
equivalent to or greater than the stormwater benefits that amount of impervious surface, and using permeable
would have been provided from the installation of the pavement.
required treatment measures at the subject project site. A 72. "Source control measure." Any schedule of
regional project must discharge to or address the same activities,prohibitions of practices,maintenance procedures,
receiving waters as the subject project site and must meet managerial practices or operational practices that aim to
other Municipal Regional Permit conditions, such as prevent stormwater pollution by reducing the potential for
requirements for the project completion date. contamination at the source of pollution.Structural measures
62. "Regulated Project." Any project fitting a or nonstructural practices used to eliminate contact between
category description listed in Provision C.3.b. of the rainfall and potential source of contamination. Examples
Municipal Regional Permit. include covered materials handling and vehicle washing
2012 S-32
38C Stormwater Pollution Prevention and Watershed Protection 9.18.020
areas, parking lot sweeping, and sewer clean-outs installed limited to filtration, gravity settling, media absorption,
adjacent to new swimming pools. biodegradation, biological uptake, chemical oxidation and
73. "Special land use categories." Regulated Projects ultraviolet(UV) radiation.
in the categories of (i) auto service facilities described in 80. "Threatened Discharge." A condition creating a
Standard Industrial Codes (SIC) 5013, 5014, 5541, 7532, reasonable probability that a discharge would contact or
5734 and 7536 through 7539; (ii)retail gasoline outlets; (iii) would eventually be transported to the storm drain system,
restaurants(5812); or(iv)uncovered parking lots that stand gutters or surface waters, including flood plain areas.
alone or are part of any development project, including the 81. "Unpolluted water." Water to which no
top uncovered portion of parking structures,unless drainage constituent has been added,either intentionally,accidentally,
from the uncovered portion is connected to the sanitary or through erosion, that would render the water
sewer. unacceptable for disposal to storm or natural drainages or
74. "Storm drain system." The conveyance or directly to surface waters.
system of conveyances, including roads with drainage 82. "Vehicle fluid." A liquid used in or drained from
systems, municipal streets, catch basins, curbs, gutters, a motor vehicle. Vehicle fluids include,but are not limited
ditches, manmade channels, or storm drains owned or to, gasoline, diesel fuel, motor oil, brake fluid, radiator
operated by the City and used for the purpose of collecting, fluid, hydraulic fluid, transmission fluid, windshield wiper
storing, transporting, or disposing of runoff. fluid, and coolant.
75. "Stormwater." Surface runoff and drainage 83. "Vehicle service facility." A commercial or
associated with storm events. industrial facility that conducts one or more of the following
76. "Stormwater discharge." Any discharge from operations with respect to vehicles or components of
land that results or probably will result in a discharge into vehicles: vehicle repair, fuel dispensing, vehicle fluid
watercourses. The discharges represent a process whereby replacement,engine and parts cleaning,body repair,vehicle
pollutants,debris and chemicals generated from various land salvaging and wrecking, or vehicle washing.
uses accumulate on streets, construction sites, parking lots 84. "Waste." Sewage and soil from erosion and any
and other exposed surfaces and are washed off and carried and all other waste substances, liquid, solid, gaseous or
away by stormwater runoff into watercourses. The major radioactive, associated with human habitation, or of human
pollutants of concern in these discharges are heavy metals, or animal origin, or from any producing, manufacturing or
sediments, petroleum hydrocarbons, organochlorine, processing operation of whatever nature, including waste
pesticides and toxics. placed within containers of whatever nature prior to,and for
77. "Stormwater Management Plan." A document purposes of, disposal.
describing how existing runoff characteristics will be 85. "Watercourse." Any natural or artificial stream,
affected by a land development project and containing river, creek, ditch, channel, canal, conduit, culvert, drain,
measures for preventing increased flood damage, waterway, gully, ravine or wash, in and including any
streambank channel erosion and habitat and water quality adjacent area that is subject to inundation from overflow or
degradation, while enhancing and promoting public health, flood water.
safety and general welfare, in compliance with the 86. "Water quality impact." Any deleterious effect
provisions of this chapter. on waters or wetlands, including their quality, quantity,
78. "Stormwater Pollution Prevention Plan." surface area, species composition, aesthetics or usefulness
("SWPPP") A document identifying potential stormwater for human or natural uses that are or may potentially be
pollutant sources at a construction or industrial site,the best harmful or injurious to human health, welfare, safety or
management practices to be used to reduce these pollutants property,to biological productivity,diversity,or stability or
during and after construction and a description of required which unreasonably interfere with the enjoyment of life or
BMP monitoring. property, including outdoor recreation.
79. "Stormwater Treatment" or "Stormwater 87. "Water Waste." Outdoor water intended for
Treatment Measure." A constructed treatment system, or landscape irrigation or other beneficial uses, which due to
nonstructural practice designed to temporarily retain, overwatering, overspray, broken equipment, or any other
infiltrate or otherwise store and/or treat stormwater runoff inefficiency or malfunction, flows to adjacent impervious
in order to remove pollutants, mitigate flooding, protect surfaces (walks, roadways, parking lots or other structures
habitat, and provide other amenities. Stormwater treatment that prohibit ground infiltration) and is wasted as runoff.
measures include site design, source control, low impact 88. "Wet Waste Business." A business that produces
development control measures and hydromodification food, organic and/or liquid wastes (collectively "wet
management controls. Such processes include, but are not waste") which, if left out in the open as opposed to in a
2012 S-32
9.18.020 Cupertino-Health and Sanitation 38D
secured container, could create a public nuisance as well as Control Board and are exempt from discharge prohibitions
a stormwater violation, is a wet waste business. Such established by this chapter, provided compliance with all
businesses include, but are not limited to restaurants, relevant permit conditions is maintained to the satisfaction
grocery stores, produce markets and florists. of the Board. Stormwater discharges at a facility with a
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; facility specific permit which only addresses process
Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; discharges or non-stormwater discharges are not exempted.
Ord. 1598, § 1 (part), 1992) F. Categorically Allowed Discharges.The following
unpolluted discharges are exempt from prohibitions of
9.18.030 Limitations on Point of Discharge. non-stormwater discharges:
No person shall discharge any substance directly into (1) Flows from riparian habitats or wetlands;
a manhole or other opening in a City storm drain other than (2) Diverted stream flows;
through a City approved storm drain connection. (Ord. (3) Flows from natural springs;
2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. (4) Rising ground waters;
1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. (5) Uncontaminated and unpolluted groundwater
1598, § 1 (part), 1992) infiltration;
(6) Pumped groundwater from drinking water
9.18.040 Discharge into the Storm Drain Prohibited. aquifers; and
A. It is unlawful to cause, allow, or permit to be (7) NPDES permitted discharges (individual or
discharged, any discharge not composed entirely of general permits).
stormwater to the storm drain system or to surface waters or G. Conditionally Exempted Discharges. The
to any location where it would contact or eventually be discharges identified in the Municipal Regional Permit
transported to surface waters, including flood plain areas, (Provision C.15.b,Conditionally Exempted Non-Stormwater
unless specifically called out in the Municipal Regional Discharges) are conditionally exempt from the discharge
Permit as an exempt or conditionally exempt discharge. prohibitions established by this chapter if dischargers
B. It is unlawful to cause or allow discharges develop and implement appropriate control measures to
including, but not limited to pool water, carwash water, eliminate adverse impacts of such sources in accordance
ongoing and large-volume landscape irrigation water, with the tasks and implementation levels of each category of
sediment, stockpiled material, rubbish, refuse, bark, Provision C.15.b.i-viii.
sawdust,solid wastes or hazardous materials to be deposited H. Exemptions Not Absolute. Any discharge
in such a manner or location as to constitute a threatened category (exempt or conditionally exempt) that is a
discharge into storm drains, gutters, or watercourses. significant source of pollutant to waters of the United States
C. It is unlawful to throw, deposit, leave, abandon, shall be prohibited from entering the storm drain system,or
maintain or keep materials or wastes on public or private shall be subjected to a requirement to implement additional
lands in a manner and place where they may result in a best management practices to reduce pollutants in the
"threatened discharge" or an illicit discharge. discharge to the maximum extent practicable. Such
D. Allowable discharges to the storm drain system prohibitions shall be effective on a schedule specified by an
shall not cause any impairment in the beneficial uses or authorized enforcement official in a written notice to the
quality of water of the state as defined in the California discharger. The schedule may take into account the nature
Water Code or any special requirements of the Regional and severity of any effects caused by the discharge; and the
Water Quality Control Board, San Francisco Bay Region or time required to design, engineer, fund, procure, construct
to injure or interfere with the operation of the State's and make appropriate best management practices
watercourses. City may,from time to time,by resolution of operational.
the City Council adopt supplementary policies, rules and I. Non-Stormwater Discharge.This prohibition shall
regulations on discharge into any storm drain or watercourse not apply to any non-stormwater discharge permitted under
which shall have the same force and effect as if set forth an NPDES permit,waiver, or waste discharge order issued
herein and for which the remedies herein for violation shall to the discharger and administered by the state of California
be applicable. under the authority of the Federal Environmental Protection
E. Separately Permitted Discharges regulated under Agency, provided that the discharger is in full compliance
a valid facility-specific NPDES permit or facility-specific with all requirements of the permit, waiver, or order and
Regional Water Quality Control Board waste discharge other applicable laws and regulations. The authorized
requirements permit, not including a state general permit, enforcement official may exempt in writing other
shall be regulated exclusively by the Regional Water Quality non-stormwater discharges which are not a source of
2012 S-32
38E Stormwater Pollution Prevention and Watershed Protection 9.18.040
pollutants to the storm drain system upon approval by the plan, upon inspection of the facility and/or during any
Executive Officer of the San Francisco Bay Regional Water enforcement action. (Ord. 2088, § 1 (part), 2012; Ord.
Quality Control Board. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord.
1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)
1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)
9.18.090 Stormwater Pollution Prevention Plan
9.18.060 Protection of Storm Drain from Accidental (SWPPP).
Discharge. A stormwater pollution prevention plan(SWPPP)shall
Each person shall provide protection from accidental be prepared and made available at any construction project
discharge of non-stormwater into any storm drain or that is subject to the State Construction Stormwater NPDES
watercourse. Measures to prevent accidental discharge of General permit. The SWPPP shall be written by a Qualified
prohibited materials shall be provided and maintained at the SWPPP Developer, as defined in the current State NPDES
user's or property owner's expense. (Ord. 2088, § 1 (part), Stormwater Construction General permit. At minimum,the
2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), SWPPP shall address the following six BMP categories to
2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), implement year-round, seasonally appropriate control
1992) measures: (1)erosion control,(2)run-on and runoff control,
(3)sediment control, (4)active treatment systems, (5)good
9.18.070 Accidental Discharge—Notification of site management, and(6)non-stormwater management.
Discharge. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006;
All persons shall notify the Director of Public Works Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
immediately upon accidentally discharging pollutants of
concern to enable countermeasures to be taken by the City 9.18.100 Permanent Stormwater Measures Required
to minimize damage to storm drains and the receiving for Development and Redevelopment
waters. Initial notification shall be followed,within five(5) Projects.
business days of the date of occurrence, by a detailed A. All applicants for permits pertaining to the
written statement describing the causes of the accidental planning, design, and construction of new development and
discharge and the measures being taken to prevent future redevelopment projects shall design and incorporate
occurrences. Such notification will not relieve persons of treatment measures to minimize both soluble and insoluble
liability for violations of this chapter or for any fines stormwater runoff pollution and to prevent increases in
imposed on the City on account thereof under Section 13350 runoff flows for the life of the project. Projects
of the California Water Code, or for violation of Section incorporating these permanent stormwater treatment
5650 of the California Fish and Wildlife Code, or any other measures (BMPs)shall utilize guidance and standards from
applicable provisions of State or Federal laws. (Ord. 2088, the current SCVURPPP C.3. Stormwater Handbook.
§ 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, Permanent treatment measures (BMPs) shall be designed
§ 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, according to the numeric sizing criteria in Provision C.3.d
§ 1 (part), 1992) of the Permit. Any new and redevelopment projects that are
subject to the City's review and approval shall meet all
9.18.080 Permitted Discharges Pursuant to Industrial requirements in Provision C.3. of the City's Municipal
and Construction Stormwater NPDES General Regional Stormwater NPDES Permit.
Permits. B. Site Design and Source Control BMP
A. The provisions of this chapter shall not prohibit Requirements. All development and redevelopment projects
any discharge with a valid NPDES permit issued to the shall include permanent site design and source control BMPs
discharger, provided compliance with all relevant permit in order to reduce the water quality impacts of stormwater
conditions is maintained to the satisfaction of the Regional runoff from the site for the life of the project.
Water Quality Control Board. C. Stormwater Treatment Requirements for
B. Any person subject to a State Industrial or Regulated Development and Redevelopment Projects.
Construction Stormwater NPDES General permit shall 1. In addition to site design and source control
comply with all provisions of such permit. Proof of BMPs, Regulated Projects are required to design and
compliance shall be required in a form acceptable to the implement permanent stormwater treatment measures
authorized enforcement official prior to, or as a condition (BMPs) sufficient to reduce the water quality impacts of
of, the approval of a subdivision map, site plan, building stormwater runoff from the site for the life of the project.
permit,development permit,grading permit or improvement 2. Land development activities that are smaller than
the minimum applicability criteria set forth in this Ordinance
2012 S-32
9.18.100 Cupertino-Health and Sanitation 38F
for Regulated Projects are required to design and implement house associated impervious surfaces is specifically excluded
stormwater treatment BMPs, if such activities are part of a from the requirements of this section. Other exclusions are:
larger common plan of development, even though multiple, interior remodels and routine maintenance or repair(such as
separate and distinct land development activities may take roof or exterior wall surface replacement or pavement
place at different times on different schedules. resurfacing within the existing footprint).
3. Regulated Development projects are all new 8. Effective December 1, 2012, all development
development projects that create 10,000 square feet or more projects that require approvals and/or permits issued from
of impervious surface collectively over the entire project the City, and which create and/or replace more than 2500
site, including commercial, industrial, residential housing square ft, but less than10,000 square ft of impervious
subdivisions (e.g., detached single-family home surface, and detached single-family home projects, which
subdivisions, multi-family attached subdivisions such as create and/or replace 2,500 square feet or more of
townhomes,condominiums and apartments),mixed-use,and impervious surface, must install one or more of the
public projects. This category includes development following site design measures (MRP Provision C.3.i):
projects on public or private land that fall under the planning • Direct roof runoff into cisterns or rain barrels for
and building authority of the City. reuse.
4. Regulated Redevelopment projects are those that • Direct roof runoff onto vegetated areas.
create and/or replace 10,000 square feet or more of • Direct runoff from sidewalks, walkways, and/or
impervious surface collectively over the entire project site, patios onto vegetated areas.
including commercial, industrial, residential housing • Direct runoff from driveways and/or uncovered
subdivisions (e.g., detached single-family home parking lots onto vegetated areas.
subdivisions, multi-family attached subdivisions such as • Construct sidewalks, walkways, and/or patios
townhomes,condominiums and apartments),mixed-use,and with permeable surfaces.
public projects. Redevelopment is any land-disturbing • Construct bike lanes, driveways, and/or
activity that results in the creation, addition,or replacement uncovered parking lots with permeable surfaces.
of exterior impervious surface areas on a site on which some 9. Special land use categories—Regulated Projects
past development has occurred. This category includes a. Effective December 1,2011,for projects that fall
redevelopment projects on public or private land that falls into one of the categories below, the impervious surface
under the planning and building authority of the City. threshold(for classification as a Regulated Project subject to
5. Alterations exceeding 50%. Where a Provision C.3.) will be decreased from the current 10,000
development project results in an alteration of more than square ft to 5,000 square ft. This change applies to new and
50% of the impervious surface of a previously existing redevelopment projects on public and private land that fall
development that was not previously subject to the under the jurisdiction of the planning and building authority
requirements of the prior NPDES Stormwater Permit of the City of Cupertino. These special land use categories
(effective from 2002-2009), the entire project consisting of represent land use types that may contribute more polluted
all existing, new and/or replaced impervious surfaces must stormwater runoff than other projects. Regulation of these
be included in the treatment system design so that the special land use categories at the lower impervious threshold
stormwater treatment systems are designed and sized to treat of 5,000 square feet is considered the maximum extent
stormwater from the entire redevelopment project. practicable and is consistent with State Board guidance,
6. Alterations equal to or less than 50%. Where a court decisions, and other Water Board requirements.
development project results in an alteration equal to or less i. Auto service facilities,described by the following
than 50% of the impervious surface of a previously existing Standard Industrial Classification(SIC)Codes:5013, 5014,
development that was not subject to the requirements of the 5541, 7532-7534, and 7536-7539;
prior NPDES Stormwater Permit (effective from ii. Retail gasoline outlets;
2002-2009), only the new and/or replaced impervious iii. Restaurants (SIC Code 5812); or
surface of the project must be included in the treatment iv. Uncovered parking lots that are stand-alone or
design system so that the stormwater treatment systems are part of any other development project. This category
designed and sized to treat stormwater runoff from the new includes the top uncovered portion of parking structures
and/or replaced impervious surface of the project. unless drainage from the uncovered portion is connected to
7. Exclusions. A detached single family home the sanitary sewer along with the covered portions of the
project that is not part of a larger plan of development, that parking structure.
incorporates appropriate pollutant source control and design b. For redevelopment projects in the categories
measures and uses landscaping to treat runoff from roof and specified in Provision C.3.b.ii.(1)(a)(i)-(iv), specific
exclusions are:
2012 S-32
38G Stormwater Pollution Prevention and Watershed Protection 9.18.100
i. Interior remodels; or begin by December 1, 2012, the lower 5,000 square feet of
ii. Routine maintenance or repair such as roof or impervious surface threshold for classification as a
exterior wall replacement or pavement resurfacing within Regulated Project shall not apply.
the existing footprint of the structures. 10. Regulated Road Projects. Any of the following
c. Alteration exceeding 50%. Where Regulated types of road projects that create 10,000 square feet or more
Project result in an alteration of more than 50% of the of newly constructed contiguous impervious surface and that
impervious surface of a previously existing development that fall under the building and planning authority of the City are
was not previously subject to the requirements of the prior Regulated Projects:
NPDES Stormwater Permit(effective from 2002-2009),the a. Construction of new streets or roads, including
entire project,consisting of all existing,new and/or replaced sidewalks and bicycle lanes built as part of the new streets
impervious surfaces, must be included in the treatment or roads.
system to be designed and sized to treat stormwater runoff b. Widening of existing streets or roads with
from the entire redevelopment project. additional traffic lanes.
d. Alteration equal to or less than 50%. Where a i. Where the addition of traffic lanes results in an
redevelopment project that is a special land use category alteration of more than 50% of the existing street or road
results in an alteration is equal to or less than 50% of the that was not subject to CMC chapter 9.18, only the new
impervious surface of a previously existing development that and/or replaced impervious surface of the project must be
was not previously subject to the requirements of the prior included in the treatment system design so that the
NPDES Stormwater Permit (effective from 2002-2009), stormwater treatment systems are designed and sized to treat
only the new and/or replaced impervious surface of the stormwater from only the new traffic lanes. However,if the
project must be included in the treatment system design so stormwater runoff from the existing traffic lanes and the
that stormwater treatment systems are designed and sized to added traffic lanes cannot be separated,any onsite treatment
treat stormwater runoff from the new and/or replaced system must be designed and sized to treat stormwater
impervious surface of the project. runoff from the entire street.
e. Private projects deemed complete before c. Construction of impervious trails that are greater
December 1, 2009. For any private development project than 10 feet wide or are creekside(within 50 feet of the top
described in the special land use categories listed in CMC of bank).
9.18.100 C.9.a., for which a planning application has been d. Specific exclusions to CMC Section 9.18.100
deemed complete before December 1,2009,the lower 5,000 C.10. a.- c. are:
square feet impervious surface threshold for classification as i. Sidewalks built as part of new streets or roads and
a Regulated Project shall not apply, so long as the applicant built to direct stormwater to adjacent vegetated areas.
is diligently pursuing the project. Diligent pursuance may ii. Bicycle lanes that are built as part of new streets
be demonstrated by the project applicant's submittal of or roads, but are not hydraulically connected to new streets
information to the original application, plans, or other or roads and that direct stormwater to adjacent vegetated
document required for any approvals of the project by the areas.
City. If,during the time period between December 1, 2009 iii. Impervious trails built to direct stormwater runoff
and December 1, 2011 for the 5,000 square feet threshold to adjacent vegetated areas, or non-erodible permeable
implementation date, the project applicant has not taken the areas, preferably away from creeks or toward the outboard
actions needed to obtain the necessary approvals from the sides of levees.
City, then the project will be subject to the lower 5,000 iv. Sidewalks, bicycle lanes, or trails constructed
square feet threshold. with permeable surfaces such as pervious concrete, porous
f. Private project application deemed complete after asphalt, unit pavers, and granular materials.
December 1, 2009, but before December 1, 2011. For any v. Caltrans highway projects and associated
private project in the categories specified in CMC 9.18.100 facilities.
C. 9.a. with an application deemed complete as of e. For any private road or trail project described in
December 1, 2009, the lower 5,000 square feet impervious CMC Section 9.18.100 C.10. b. or c. for which a planning
surface threshold for definition as a Regulated Project shall application was deemed complete before December 1,2009,
not apply if the project applicant has received final the requirements of this section shall not apply so long as the
discretionary approval for the project before December 1, project applicant is diligently pursuing the project. Diligent
2011. pursuance may be demonstrated by the project applicant's
g. Public projects. For public projects for which submittal of supplemental information to the original
funding has been committed and construction is scheduled to application, plans, or other documents required for any
2012 S-32
9.18.100 Cupertino-Health and Sanitation 38H
necessary approvals of the project by the City. If the project increase in potential for erosion or other adverse impact to
applicant has not taken any action to obtain the necessary beneficial uses to any state waters.
approvals from the City prior to December 1, 2011, the d. Projects less than 1 acre and that are located in
project will then be classified as a Regulated Project under the HM applicable areas as depicted in the City's HM maps
this chapter. are encouraged, but not required, to implement HM
f. For any private road or trail project with an Requirements above.
application deemed complete after December 1, 2009, the E. Site design measures for non-Regulated Projects.
requirements of this section to classify the project as a All new development and redevelopment projects subject to
Regulated Project under this chapter shall not apply if the planning, building, development, or other comparable
project applicant has received final discretionary approval reviews by the City, but not meeting the definition of
for the project before December 1, 2011. Regulated Project are encouraged to use adequate site design
g. For any public road or trail project for which measures that include minimizing land disturbance and
funding has been committed and construction is scheduled to impervious surfaces. These may include clustering of
begin by December 1,2012,the requirements of this section structures and pavement; directing roof runoff to vegetated
to classify the project as a Regulated Project shall not apply. areas, use of micro-detention, distribution of
D. Hydromodification Management (HM) landscape-based stormwater detention,preservation of open
Requirements. space and/or restoration of riparian areas as project
1. Requirement. Stormwater discharges from any amenities.
HM project shall be designed and maintained so they shall F. No final building or occupancy permit shall be
not cause an increase (over the pre-project existing issued without the written approval of the Director of Public
condition) in the erosion potential of the stream into which Works confirming that the requirements of this chapter have
they flow. Increases in runoff flow and volume shall be been satisfied. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1
managed so that post-project runoff shall not exceed (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1
estimated pre-project rates and durations, where such (part), 2003)
increased flow and/or volume is likely to cause increased
potential for erosion of creek beds and banks, silt pollutant 9.18.110 Design Standards for Permanent Stormwater
generation, or other adverse impacts on beneficial uses due Treatment Measures.
to increased erosive force. All applicants are required to Treatment best management practices for Regulated
comply with the standards and performance criteria and Projects must meet at least one of the following hydraulic
requirements set forth in the HM requirements for Santa sizing design criteria:
Clara Permittees as described in Provision C.3.g 1. Volume Hydraulic Design Basis - Treatment
Hydromodification Management and Attachment F as systems whose primary mode of action depends on volume
adopted in the Municipal Regional Permit. A copy of the capacity shall be designed to treat stormwater runoff equal
HM requirements may be obtained from the City's Public to:
Works Department. A. The maximized stormwater capture volume for
2. Applicability. All new and redevelopment the area, on the basis of historical rainfall records,
projects that create or replace one (1) acre or more of determined using the formula and volume capture
impervious surface shall implement the hydromodification coefficients set forth in Urban Runoff Quality Management,
management controls and standards per Provision C.3.g. of WEF Manual of Practice No. 23/ASCE Manual of Practice
the Municipal Regional Permit. The following projects are No. 87, (1998), pages 175-178 (e.g., approximately the
exempt from HM compliance: 85th percentile 24-hour storm runoff event); or
a. Projects that do not create an increase in B. The volume of annual runoff required to achieve
impervious surface over pre-project conditions. 80 percent or more capture, determined in accordance with
b. Projects located within areas that drain to the methodology set forth in Section 5 of the California
non-earthen stream channels that are hardened on three sides Stormwater Quality Association's Stormwater Best
and extend continuously upstream from the tidally influenced Management Practice Handbook, New Development and
area. Redevelopment (2003), using local rainfall data.
c. Projects that demonstrate, upon completion of 2. Flow Hydraulic Design Basis - Treatment
stream-specific and modeling studies that are consistent with systems whose primary mode of action depends on flow
the method identified in the HM requirements in provision capacity shall be sized to treat:
C.3.g and Attachment F of the Municipal Regional Permit A. 10 percent of the 50-year peak flow rate;
and its supporting technical documents,that there will be no B. The flow of runoff produced by a rain event equal
to at least two times the 85th percentile hourly rainfall
2012 S-32
38-I Stormwater Pollution Prevention and Watershed Protection 9.18.110
intensity for the applicable area,based on historical records G. Infiltration Devices shall be located a minimum
of hourly rainfall depths; or of 250 feet from any water supply wells and 100 feet from
C. The flow of runoff resulting from a rain event any septic systems or underground storage tanks with
equal to at least 0.2 inches per hour intensity hazardous materials. In locations which are characterized
3. Combination Flow and Volume Design Basis — by highly porous soils and/or a high groundwater table,best
Treatment systems that use a combination of flow and management practice approvals will be subject to a higher
volume capacity shall be sized to treat at least 80 percent of level of analysis that considers the potential for pollutants
the total runoff over the life of the project, using local such as on-site chemical use, the level of pretreatment to be
rainfall data. achieved, and similar factors in the overall analysis of
4. Infiltration Treatment Measures. In order to groundwater safety. (Ord. 2088, § 1 (part), 2012; Ord.
protect groundwater from pollutants that may be present in 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord.
urban runoff, treatment measures that function primarily as 1922, § 1 (part), 2003)
stormwater infiltration devices, with no underdrain, must
meet, at a minimum, the following standards: 9.18.115 Trash Load Reductions to Storm Drain
A. Pollution prevention and source control best Collection System.
management practices shall be implemented at a level A. All Regulated Projects must install full trash
appropriate to protect groundwater quality at sites where capture devices to collect litter and debris from their project
infiltration devices are to be used. This standard includes a site, prior to connecting to the City's storm drain collection
minimum of 2 feet of suitable soil to achieve a maximum of system. Full trash capture devices that have been approved
5 inches per hour infiltration rate for the infiltration system. as meeting the standards set by the San Francisco Bay
B. Infiltration devices shall not be placed in the Regional Water Quality Control Board will be deemed as
vicinity of known contamination sites unless it has been satisfactory for meeting this requirement. A list of approved
demonstrated that increased infiltration will not: 1)increase devices and their manufacturers is available from the Public
leaching of contaminants from soil, 2)alter flow conditions Works Department.
affecting contaminant migration in groundwater, or 3) B. Installed full capture trash devices must be
adversely affect remedial activities. maintained by the property owner for the life of the project,
C. Use of infiltration devices shall not cause or following the manufacturer's recommendations for
contribute to degradation of groundwater quality at maintenance.
applicable sites or of groundwater quality objectives. C. It is a violation of this chapter for any land owner
D. Infiltration devices shall be adequately maintained to fail to properly operate and maintain any full capture
to maximize pollutant removal capabilities. trash device installed on the owner's property.
E. The vertical distance from the base of any (Ord. 2088, § 1 (part), 2012)
infiltration device to the seasonal high groundwater mark
shall be at least 10 feet, except that as to infiltration devices 9.18.120 Stormwater Management Plan Required for
concerning land disturbance activities. A greater separation Regulated Projects.
from the high groundwater mark may be required in A. Development Permit Application Requirements.
accordance with best management practices. In locations Development permit applications for all Regulated Projects
which are characterized by highly porous soils and/or a high must be accompanied by a Stormwater Management Plan
groundwater table,the best management practices approvals and a completed City of Cupertino Regulated Development
will be subject to a higher level of analysis (e.g., Project Checklist, as required by this chapter. The
considering the potential for pollutants such as on-site Stormwater Management Plan shall detail how runoff and
chemical use, the level of pretreatment to be achieved, and associated water quality impacts resulting from the activity
similar factors in the overall analysis of groundwater will be controlled or managed.
safety). B. City Permit Requirements. Building, grading,
F. Unless stormwater is first treated by a means and encroachment permits for Regulated Projects shall not
other than infiltration, infiltration devices shall not be be issued until the required Stormwater Management Plan
employed for: areas of industrial or light industrial activity; has been reviewed and approved by the Director of Public
areas subject to high vehicular traffic (defined as 25,000 or Works.
greater average daily traffic on main roadway or 15,000 or C. Stormwater Management Plan Contents.
more average daily traffic on any intersecting roadway); Stormwater Management Plans shall include sufficient
automotive repair shops; car washes; fleet storage areas information to evaluate the environmental characteristics of
(e.g., bus, truck); nurseries; and other high threat to water affected areas, the potential impacts of the proposed
quality land uses and activities as designated by the City. development on water resources, and the effectiveness and
2012 S-32
9.18.120 Cupertino-Health and Sanitation 38J
acceptability of control measures proposed for managing by implementing specific practices to control sources of
stormwater runoff. The minimum information submitted to potential pollution and site design strategies to treat
support a Stormwater Management Plan shall be in stormwater. All Regulated Projects shall implement the
accordance with the Municipal Regional Permit and the following LID requirements:
current City of Cupertino Regulated Development Project A. All Regulated Projects shall implement source
Checklist. control measures onsite that at a minimum shall include the
D. Preparation of the Stormwater Management Plan. following:
Stormwater Management Plans shall be prepared, stamped 1. Source control measures on site to address the
and signed by a professional civil engineer registered in the following potential discharges and minimize stormwater
State of California. Depending on the specific project, the pollutants of concern may include plumbing the following
Director of Public Works may allow a stormwater discharges to sanitary sewer lines, pending approval by
management plan to be prepared by a Landscape Architect Cupertino Sanitary District and the City of San Jose Water
licensed by the State of California. Pollution Control Plant;
E. Certification of Adherence to Numeric Sizing a. Discharges from floor mat,equipment,hood filter
Design Criteria. The developer shall provide a signed wash racks or covered outdoor wash racks for restaurants;
certification from an approved third party reviewer selected b. Drips from covered trash dumpsters, food waste
from the SCVURPPP List of Qualified Consultants for containers, and compactor enclosures;
Design, Review and/or Certification of Stormwater c. Discharges from covered outdoor wash areas for
Treatment Best Management Practices and vehicles, equipment, and accessories;
Hydromodification Flow Control Facilities, to determine d. Swimming pool, spa, hot tub, or water feature
that the plan for proposed stormwater treatment measures, discharges if discharged on site to vegetated areas is not a
including hydromodification management controls (if feasible option;
applicable), meets the requirements of this chapter and e. Fire sprinkler test water, if on site discharge to
established numeric sizing criteria in the Municipal Regional vegetated areas is not a feasible option;
Permit. Any consultant hired to design and/or construct a 2. Include properly designed covers, drains, and
stormwater treatment system for a Regulated Project shall storage precautions for outdoor material storage areas,
not be the certifying person for the project. loading docks,repair or maintenance bays and fueling areas;
F. As-Built Certification. Upon completion of 3. Include properly designed trash storage areas that
construction, the Engineer-of-Record for a Regulated are covered with any drains in the area connected to the
Project shall provide the City with a stamped and signed sanitary sewer lines, pending approval by the City;
certification that all constructed stormwater treatment 4. Include landscaping that minimizes irrigation and
measures have been installed according to the approved runoff, promotes surface infiltration, minimizes the use of
plans and specifications. pesticides and fertilizers and incorporates sustainable
G. Revised Stormwater Management Plan Required. landscaping practices;
The City may require the owner of a Regulated Project who 5. Include efficient irrigation systems; and
has previously received approval of a Stormwater 6. Include storm drain stenciling or signage that
Management Plan, to prepare and submit a revised includes the message "No Dumping - Flows to Bay" or
Stormwater Management Plan for approval if the stormwater equivalent.
treatment measures are inadequate or are not being B. Each Regulated Project shall, at a minimum,
adequately maintained; or if the facility or activity at issue implement the following design strategies onsite:
becomes a significant source of contaminants to the storm 1. Limit disturbance of natural water bodies and
drain system or damages a downstream watercourse despite drainage systems,minimize compaction of highly permeable
compliance with this chapter. Any owner required to submit soils, protect slopes and channels, minimize impacts from
and to obtain approval of a revised plan shall install, stormwater and urban runoff on the biological integrity of
implement and maintain the stormwater treatment measures natural drainage systems and water bodies;
specified in the approved revised plan. (Ord. 2088, § 1 2. Conserve natural areas, including existing trees,
(part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 other vegetation, and soils;
(part), 2005; Ord. 1922, § 1 (part), 2003) 3. Minimize impervious surfaces;
4. Minimize disturbances to natural drainages; and
9.18.130 Low Impact Development (LID) 5. Minimize stormwater runoff by implementing one
Requirements. or more of the following site design measures:
The goal of low impact development requirements is to a. Direct roof runoff into cisterns or rain barrels for
reduce runoff and mimic a site's predevelopment hydrology reuse.
2012 S-32
38K Stormwater Pollution Prevention and Watershed Protection 9.18.130
b. Direct roof runoff into vegetated areas. specifications and soil infiltration testing methods to verify
c. Direct roof runoff from sidewalks, walkways a long-term infiltration rate of 5 to 10 inches per hour, once
and/or patios onto vegetated areas. approved by the Regional Water Quality Control Board,will
d. Direct runoff from driveways and/or uncovered be incorporated into the latest version of the SCVURPPP
parking lots onto vegetated areas. C.3.Stormwater Handbook.Biotreatment systems approved
e. Construct sidewalks,walkways and/or patios with after Regional Water Quality Control Board approval of the
permeable surfaces. model specifications will need to comply with these
f. Construct driveways, bike lanes, and/or minimum specifications and soil infiltration testing methods.
uncovered parking lots with permeable surfaces. 6. Green roofs may be considered biotreatment
C. Effective December 1, 2011, all Regulated systems if they meet certain minimum specifications. The
Projects are required to treat 100% of the amount of runoff minimum specifications, once approved by the Regional
using the numeric sizing criteria identified in Provision Water Quality Control Board, will be incorporated into the
C.3.d of the Municipal Regional Permit for the Regulated SCVURPPP C.3.Stormwater Handbook,as revised. Green
Project's drainage area with LID treatment measures onsite roof systems approved after Regional Water Quality Control
or with LID treatment measures at a joint stormwater Board approval of the minimum specifications will need to
treatment facility. comply with these requirements.
1. LID treatment measures are defined as 7. Full implementation of the LID requirements in
stormwater harvesting and re-use, infiltration, this chapter is required as of December 1, 2011, except as
evapotranspiration, or biotreatment. otherwise stated.For private development projects approved
2. A properly engineered and maintained on or before December 1, 2009, the requirements of CMC
biotreatment system may be considered only if it is 9.18.130 shall not apply so long as the project applicant is
infeasible to implement stormwater harvesting and re-use, diligently pursuing the project.
infiltration, or evapotraspiration at a project site. 8. Private development projects with an application
3. Infeasibility to implement stormwater harvesting deemed complete after December 1, 2009 and which have
and re-use, infiltration,or evapotraspiration at a project site received final discretionary approval(e.g.,building permits)
may result from conditions including the following: for the project before December 1, 2011, the requirements
a. Locations where seasonal high groundwater of CMC 9.18.130 shall not apply.
would be within 10 feet of the base of the LID treatment 9. Public projects for which funding has been
measure. committed and construction scheduled to begin before
b. Locations within 100 feet of a groundwater well December 1,2012,the requirements of CMC 9.18.130 shall
used for drinking water. not apply. (Ord. 2088, § 1 (part), 2012)
c. Development sites where pollutant mobilization
in the soil or groundwater is a documented concern. 9.18.150 Stormwater Treatment Measure Operation
d. Locations with potential geotechnical hazards. and Maintenance Responsibility.
e. Smart growth and infill or redevelopment sites A. For the life of the project, all on-site stormwater
where the density and/or nature of the project would create treatment measures shall be operated, conducted, and
significant difficulty for compliance with the onsite volume maintained in good condition and promptly repaired by the
retention requirement. property owner(s),an Owners'or Homeowners'Association
f. Locations with tight clay soils that significantly or other legal entity approved by the City.
limit the infiltration of stormwater. B. Any repairs or restoration and maintenance shall
4. Criteria and procedures to determine when be in accordance with City-approved plans.
stormwater harvesting and re-use, infiltration, or C. The property owner(s)of Regulated Projects shall
evapotranspiration are feasible or infeasible at Regulated develop a maintenance schedule for the life of any
Project sites will be identified and incorporated into the stormwater control measures and shall describe the
SCVURPPP C.3. Stormwater Handbook, as revised. maintenance to be completed, the time period for
5. Biotreatment systems shall be designed to have a completion, and the person who will perform the
surface area no smaller than what is required to maintenance. The stormwater treatment measures
accommodate a 5 inches per hour stormwater runoff surface maintenance schedules shall be included with the project's
loading rate. The planting and soil media for biotreatment approved Stormwater Management Plan. (Ord. 2088, § 1
systems shall be designed to sustain plant growth and (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1
maximize stormwater runoff retention and pollutant (part), 2005; Ord. 1922, § 1 (part), 2003)
removal. A set of model biotreatment and soil media
2012 S-32
9.18.160 Cupertino-Health and Sanitation 38L
9.18.160 Agreement to Maintain Stormwater condition and function by a knowledgeable party. The
Treatment Systems and Best Management property owner shall agree in writing to properly maintain
Practices. any HM control, stormwater structural control, treatment
A. Prior to the issuance of any building permit for a measure,and/or best management practices according to the
Regulated Project, the owner(s)of the site shall enter into a approved plans for the project.
formal written Stormwater Treatment Systems Operation B. Unless otherwise required by the City, the
and Maintenance Agreement with the City. The City shall property owner's stormwater treatment system or HM
record this agreement, against the property or properties control (if any) inspections shall be done within 45 days of
involved, with the County of Santa Clara and it shall be the completed installation of any control or treatment
binding on all subsequent owners of land served by the systems; and after that at least once per year in preparation
stormwater treatment systems and best management for the wet season. Written records shall be kept of all
practices. inspections and shall include, at minimum, the following
B. The Stormwater Treatment Systems Operation information:
and Maintenance Agreement shall require that the 1. Name and address of the Regulated Project;
stormwater treatment system(s) or HM Control (if any) 2. Specific description of the location (or a map
BMPs not be modified and that maintenance activities not showing the location)of the installed stormwater treatment
alter the designed function of the facility treatment system or system(s) and HM control(s) (if any);
HM Control (if any) from its original design unless the 3. Date(s) that the treatment system(s) and HM
Public Works Director has provided written certification that controls (if any) is/are installed;
the requirements of this chapter have been satisfied prior to 4. Description of the type and size of the treatment
the commencement of the proposed modification or system(s) and HM control(s) (if any) installed;
maintenance activity. 5. Responsible operator(s)of each treatment system
C. The Stormwater Treatment Systems Operation and HM control (if any);
and Maintenance Agreement shall provide that in the event 6. Dates and findings of all inspections of the
that maintenance or repair is neglected, or the stormwater treatment system(s) and HM control(s) (if any); and
treatment facility becomes a danger to public health or 7. Any problems and corrective actions taken.
safety, the City shall have the authority to perform (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006;
maintenance and/or repair work and to recover the costs Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
from the owner.
D. The owner shall provide the City with three 9.18.180 Records of Maintenance and Inspection
signed copies of the recorded Stormwater Treatment System Activities and Submission of Revised
Operation and Maintenance Agreement. Stormwater Management Plan.
E. The agreement shall provide access to the extent A. On or before June 30th of each year, the party
allowable by law for representatives of City,the local vector responsible for the operation and maintenance of on-site
control district, and the Regional Water Quality Control stormwater treatment system(s)and HM Control(s)(if any)
Board,strictly for the purposes of performing operation and at Regulated Projects shall provide the City of Cupertino's
maintenance inspections of the installed stormwater Director of Public Works with documentation of the
treatment systems and/or HM controls (if any). information required in Section 9.18.170. B. 1-7 regarding
F. Any property owner party to a Stormwater installation, location, inspections, maintenance and repairs:
Treatment Systems Operation and Maintenance Agreement B. The Director of Public Works may require a
shall,upon transferring ownership of such property,provide discharger who has previously received approval of a
the new owner(s) with a current copy of this chapter, and Stormwater Management Plan, to prepare and submit a
shall inform the new owners in writing of their obligation to revised Stormwater Management Plan for approval if any of
properly operate and maintain such facilities. (Ord. 2088, the following occurs:
§ 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, 1. The project was not constructed according to the
§ 1 (part), 2005; Ord. 1922, § 1 (part), 2003) approved plans; or
2. The plan as constructed is not adequate for the
9.18.170 Stormwater Treatment Systems and BMP site; or
Inspection and Verification Responsibility. 3. The site is not adequately maintained; or
(C.3.h) 4. The site is a significant source of contaminants to
A. The property owner(s)of Regulated Projects shall the storm drain system.
be responsible for having all stormwater management C. The revised Stormwater Management Plan shall
treatment systems and HM control (if any) inspected for identify the stormwater treatment controls,best management
2012 S-32
38M Stormwater Pollution Prevention and Watershed Protection 9.18.180
practices, and/or HM controls that will be used by the and repair. This includes the right to enter a property when
discharger to prevent or control pollution of stormwater to the City has a reasonable basis to believe that a violation of
the maximum extent practicable. this ordinance is occurring or has occurred and to enter
D. If the activity at issue is a construction or land when necessary for abatement of a public nuisance or
disturbance activity, the revised plan submitted to the City correction of a violation of this ordinance.
shall at a minimum meet the requirements of the Statewide B. Prior to the issuance of a building or grading
NPDES Construction General Permit Order 2009-0009 permit for a Regulated Project, the applicant/owner shall
DWQ. secure the necessary inspection and maintenance easement(s)
E. Whenever submission of a stormwater on a permanent basis. The terms of the inspection and
management plan or a revised stormwater management plan maintenance easement shall allow the City to enter the
is required pursuant to this chapter, any authorized property at reasonable times and in a reasonable manner for
enforcement staff may use the, SCVURPPP C.3. the purpose of inspection and repair.
Stormwater Handbook or the CASQA BMP Handbooks to C. The inspection and maintenance easement will be
assess the adequacy of the proposed plan. (Ord. 2088, § 1 recorded by the City with the Stormwater Treatment System
(part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 Operation and Maintenance Agreement and will remain in
(part), 2005; Ord. 1922, § 1 (part), 2003) effect even with transfer of title to the property.
D. The owner shall provide the City with three
9.18.190 Failure to Maintain. signed copies of the recorded inspection and maintenance
A. If the responsible party fails or refuses to meet easement.
the requirements of the Stormwater Treatment Systems E. Whenever necessary to perform Operations and
Operation and Maintenance Agreement, without an Maintenance verification inspections of installed stormwater
acceptable rationale, the City, after thirty(30)days written treatment system(s) and HM control(s) (if any), all
notice, may correct a violation of the design standards or Regulated Projects shall grant site access to all
maintenance requirements by performing the necessary work representatives of the authorized enforcement official,local
to place the facility or practice in proper working condition. mosquito and vector control agency staff, and Water Board
B. In the event the City determines that the violation staff. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part),
constitutes an immediate danger to public health or public 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part),
safety, 24 hours written notice from the City shall be 2003)
sufficient.
C. The City may assess the owner(s)of the property 9.18.210 Stormwater Pollutant Source Controls and
for the cost of repair work and any penalties, in accordance BMPs.
with Chapters 1.10 and 1.12 of this Municipal Code. This 1. Best management practices at all facilities,
may be accomplished by placing a lien on the property, whether staffed or unstaffed, must be inspected and
which may be placed on the tax bill for such property and maintained by the discharger according to manufacturer
collected in the ordinary manner for such taxes. (Ord. specifications and/or the CASQA Stormwater BMP
2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. Handbooks. These best management practices must be
1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) maintained so that they continue to function as designed.
Best management practices which fail must be repaired as
9.18.195 Inspections by City. soon as it is safe to do so. If the failure of a best
As required by the Municipal Regional Permit, City management practice indicates that the best management
inspectors will inspect construction sites, industrial, and practices in use are inappropriate or inadequate to the
commercial businesses and respond to reports of discharges circumstances, the practices must be modified or upgraded
and threatened discharges to the stormwater system. to prevent any further failure in the same or similar
Compliance with all provisions of a City-issued enforcement circumstances.
notice will be required within the amount of time given by 2. All construction sites must implement effective
the inspector and before the next anticipated rain, but not erosion control,run-on and runoff control,sediment control,
more than ten (10) business days after a violation is first active treatment systems (as appropriate), good site
noted. management, and non-stormwater management through all
(Ord. 2088, § 1 (part), 2012) phases of construction (including but not limited to site
grading, building and finishing of lots)until the site is fully
9.18.200 Inspection and Maintenance Easement. stabilized by landscaping or the installation of permanent
A. The City shall have access to all on-site erosion control measures.
stormwater treatment systems for the purpose of inspection
2012 S-32
9.18.210 Cupertino-Health and Sanitation 38N
3. All Regulated Project sites are encouraged to 2. Exterior drains within the following areas must
include adequate source control measures to limit pollutant not be connected to the storm drain:
generation, discharge and runoff. These source control a. Equipment or vehicle washing areas;
measures are identified in Section 9.18.130. b. Areas where chemicals, hazardous materials, or
4. All dischargers must implement and maintain other =contained materials are used and/or stored unless
minimum best management practices. The Director of secondary containment is provided;
Public Works may require submission of information to c. Equipment or vehicle fueling areas or fluid
evaluate the implementation and/or require the changing areas; and
implementation of BMPs to prevent pollutant sources from d. Loading docks where chemicals, hazardous
entering the City's storm drain collection system associated materials, grease, oil, or waste products are handled.
with outdoor process and manufacturing areas, outdoor 3. Roof runoff shall be directed to rain barrels,
material storage areas, outdoor waste storage and disposal cisterns, or similar rainwater collection system, or to
areas, outdoor vehicle and equipment storage and landscaped areas unless deemed infeasible by the Director of
maintenance areas, outdoor parking and access roads, Public Works. Upon approval of the Director of Public
outdoor wash areas, outdoor drainage from indoor areas, Works, projects located in hillside areas may be exempt
rooftop equipment, contaminated and erodible surfaces, or from these requirements.
other sources determined by the director to have a 4. Nonresidential facilities shall either:
reasonable potential to contribute to pollution of stormwater a. Provide secondary containment for all
runoff. Minimum BMPs and source control measures for all roof-mounted equipment, tanks, and piping containing
dischargers include, but are not limited to the following: liquids; or
A. Storm Drain Inlet Labeling. Storm drain inlets b. Connect all roof drains and equipment discharge
shall be clearly marked with the words "No Dumping - lines to the sanitary sewer.
Flows to Bay," or equivalent, as approved by the Director 5. Fire Sprinkler Tests and Water Pipe Flushing:
of Public Works. Discharges from fire sprinkler tests and water pipe flushing:
B. Landscaping shall be designed to minimize shall be conducted in accordance with the Municipal
irrigation and water runoff, promote surface infiltration, Regional Permit.
minimize the use of pesticides and fertilizers, incorporate a. Discharges which are listed as conditionally
native plants, grasses and trees(which are resistant to local allowed in the current municipal NPDES permit are to be
pests and diseases), employ appropriate sustainable directed to onsite vegetated areas, or discharged to the
landscaping practices such as designs with hydrozones to sanitary sewer with the permission of Cupertino Sanitary
prevent over-irrigation, follow the Bay-Friendly District, or if this is not a feasible option, with BMPs that
Landscaping Guidelines or other landscaping guidelines with will ensure compliance with the municipal NPDES permit.
similar goals and practices. b. For new or remodeled facilities where it is
C. Water Waste Prevention. Water waste resulting infeasible to direct fire sprinkler safety test water discharges
from inefficient landscape irrigation shall be prevented. to landscaped areas, a sewer clean out shall be installed, in
Runoff from irrigation shall be prohibited from leaving the a readily accessible area to capture potable water discharged
targeted landscape due to low head drainage, overspray, or during fire safety sprinkler tests. The installation must first
other similar conditions where water flows onto adjacent be approved by the Cupertino Sanitary District.
property, non-irrigated areas, walks, roadways, parking 6. Cooling systems shall not be connected or
lots, or structures. Repeat violations or uncorrected allowed to drain to the storm drain system.
violations will result in an administrative citation fine 7. Condensate lines shall not be connected or
according to chapter 1.10 of the Municipal Code. Pursuant allowed to drain to the storm drain system.
to Government Code Section 65596, restrictions regarding E. Pool and Spa Discharges.
overspray and runoff may be modified if: 1. It is unlawful to discharge water from pools and
1. The landscape area is adjacent to permeable spas to the storm drain system.
surfacing and no runoff occurs; or 2. De-chlorinated pool spa discharges shall be
2. The adjacent non-permeable surfaces are designed directed to landscaped areas, providing this does not
and constructed to drain entirely to landscaping. generate runoff to the storm drain system. If runoff will be
D. Drains and Drain Lines. generated to the storm drain, pool and spa water shall be
1. Interior floor drains must not be connected to the disposed to the sanitary sewer. The discharger shall contact
storm drain system. the City Public Works Department regarding coordination
with the Sanitary Sewer District.
2012 S-32
38-0 Stormwater Pollution Prevention and Watershed Protection 9.18.210
3. For new or remodeled swimming pools where it equipment and absorbent materials are kept in stock at all
is infeasible to direct discharges to landscaped areas, a times and are readily available for use.
sewer clean out shall be installed in a readily accessible 10. It is unlawful to store acid-containing batteries or
area, within ten(10) feet of the pool edge, if possible. any material that is deemed by an enforcement official as a
F. Vehicle and Equipment Fueling Facilities. threat to the storm drain system, except within secondary
Vehicle or equipment fueling facilities shall be designed in containment.
accordance with the California Stormwater Quality 11. All owners and operators of vehicle service
Association (CASQA) Industrial Stormwater Best facilities shall label all storm drains located on the property
Management Practices Handbooks to prevent the runon of of the facility a reminder to persons that the discharge of
stormwater and runoff of spills. At minimum this shall be anything other than rain water into the storm drain is
accomplished by: prohibited.
1. Paving the fueling area with concrete or other H. Food Service Facilities.
impervious surface; 1. Food service facilities shall have a sink or other
2. Covering the fueling area and extending the cover area for cleaning floor mats, containers, and equipment,
a minimum of ten (10) feet beyond the fuel pumps in the which is connected to a grease removal device and the
directions of vehicle or equipment access and egress; and sanitary sewer. The sink or cleaning area shall be large
3. Grading the area (sloped inward) or installing a enough to clean the largest mat or piece of equipment that
berm or curb around the perimeter of the fueling area. requires cleaning at the facility.
Storm drains shall be prohibited in these fueling areas. 2. All new buildings constructed to house food
G. Vehicle Service Facilities. service facilities and all existing buildings constructed to
1. It is unlawful for any person to dispose of, or house food service facilities which are subject to City review
permit the disposal or runoff, directly or indirectly, of and approval for changes or modifications shall include a
vehicle fluids,hazardous materials,or rinsewater from parts covered area for dumpsters to prevent water runon to the
cleaning operations into storm drains. area and runoff from the area. Dumpster storage areas shall
2. All owners and operators of vehicle service be designed in accordance with the City's Public Works
facilities shall ensure that any vehicle fluid, hazardous Guidelines for Non-Residential Building Trash&Recycling
material, or rinsewater from parts cleaning operations that Enclosures. Retrofits to existing facilities shall be revamped
comes into contact with any floor, pavement or ground to the maximum extent practicable and shall be subject to the
surface is cleaned up immediately from such surface. approval of the Director of Public Works.
3. It is unlawful to use tanks,containers or sinks for 3. Drains that are installed beneath dumpsters
parts cleaning or rinsing which are connected to the storm serving food service facilities shall be connected to a grease
drain system. removal device upstream of the connection to the sanitary
4. It is unlawful for any person to perform vehicle sewer.
fluid removal outside a building, or on asphalt or ground I. Parking Garages.
surfaces, whether inside or outside a building, except in 1. If installed, parking garage floor drains on
such a manner as to ensure that any spilled fluid will be in interior levels shall be not be connected to the storm drain,
an area of secondary containment. but to an oil/water separator prior to discharging to the
5. Leaking vehicle fluids shall be contained or sanitary sewer system.
drained from the vehicle immediately to protect the storm 2. Parking garage oil/water separators shall have a
drain system. minimum capacity of 100 gallons.
6. It is unlawful for any person to leave unattended 3. The parking garage oil/water separator shall be
drip parts or other open containers containing vehicle fluid, cleaned at a frequency of at least once every twelve months
unless such containers are in use or in secondary or more frequently if recommended by the manufacturer or
containment. as required by the City or other regulatory agency.
7. It is unlawful for any person to discharge J. Root control chemicals. It is unlawful for any
washwater from vehicle washing operations or wash racks person to discharge, dispose or add to the storm drain
to a storm drain, or onto impervious ground surface. system any substance to control roots.
8. Vehicle service facilities shall be cleaned using K. Dumpsters.
only those methods of cleaning that ensure that no materials 1. All new buildings, except for single-family and
are discharged to the storm drain. duplex residences, all new "wet waste" businesses and all
9. All owners and operators of vehicle service existing "wet waste" businesses which are subject to City
facilities shall ensure that spill prevention and clean-up review and approval for changes or modifications, shall
2012 S-32
9.18.210 Cupertino-Health and Sanitation 38P
provide a covered area for a dumpster(s) designed in indoor storage unit. Storage of pesticides shall follow
accordance with the City's Public Works Guidelines for guidance from the local fire department and/or the Santa
Non-Residential Building Trash & Recycling Enclosures. Clara County Agricultural Commissioner.
Retrofits to existing facilities shall be revamped to the 3. Employees who use pesticides must be trained to
maximum extent practicable and shall be subject to the clean up spills. Spill kits shall be provided and stored near
approval of the Director of Public Works. pesticides.
2. The area shall be designed to prevent water runon O. Mobile Businesses.
to the area and runoff from the area. 1. Mobile businesses shall be required to use best
3. Dumpsters serving food service facilities shall be management practices and source control measures that
designed in accordance with Section 9.18.210. comply with Municipal Regional Permit. (Ord. 2088, § 1
L. Multi-Family Residential Vehicle Washing (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1
Facilities. (part), 2005; Ord. 1922, § 1 (part), 2003)
1. New residential buildings with 25 or more units
shall provide a covered,bermed area for occupants to wash 9.18.220 Violation.
their vehicles. Any person who violates any provision of this chapter
2. The vehicle washing area shall be designed to shall be guilty of a misdemeanor and upon conviction
prevent water runon to the area and runoff from the area. thereof shall be punished as provided in chapter 1.12 of this
3. A drain shall be installed to capture all vehicle Code. (Ord. 2088, § I (part), 2012; Ord. 1982, § 1 (part),
wash waters and shall be connected to an oil/water separator 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part),
prior to discharge to the sanitary sewer system. Discharge 2003; Ord. 1598, § 1 (part), 1992)
to the sanitary sewer must first be approved by Cupertino
Sanitary District. 9.18.230 Civil Penalty for Violation—Payment of
4. Vehicle washing area oil/water separators shall Funds to Account.
have a minimum capacity of 100 gallons. Any person who violates any provision of this Chapter
5. The oil/water separator shall be cleaned at a or any provision of any permit issued pursuant to this
frequency of at least once every six months or more Chapter shall be civilly liable to the City in a sum not to
frequently if recommended by the manufacturer or the exceed the amounts provided for in Government Code §§
superintendent. 54740 and/or 54740.5. The City may petition the Superior
M. Copper Roofmg and Architectural Materials. Court pursuant to Government Code § 54740 to impose,
1. Copper metal roofing,copper granule-containing assess and recover such sums. The civil penalty provided in
asphalt shingles and copper gutters shall not be permitted for this section is cumulative and not exclusive, and shall be in
use on any residential,commercial or industrial building for addition to all other remedies available to the City under
which a building permit is required. State and Federal law and local ordinances. Funds collected
2. Copper flashing for use under tiles or slates and pursuant to this Section shall be paid to City's
small copper ornaments are exempt from this prohibition. Environmental Storm Management Account. (Ord. 2088,
3. Discharges to the storm drain collection system of § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967,
wastewater generated during the installation, cleaning, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598,
treating, and washing of copper architectural features, § 1 (part), 1992)
including copper roofs are prohibited. Discharges to
landscaping or to the sanitary sewer system(with approvals 9.18.240 Civil Penalty for Illicit Discharges—Payment
from Cupertino Sanitary District and the City of San Jose's of Funds to Account.
Water Pollution Control Plant) are allowed. Any person who discharges pollutants, in violation of
4. Discharges of water from pools (including this Chapter,by the use of illicit connections shall be civilly
connection for filter backwash), spas, fountains and water liable to the City in a sum not to exceed Twenty Five
features that contain copper based chemicals are prohibited. Thousand Dollars per day per violation for each day in
N. Pesticide Storage at Commercial Facilities. which such violation occurs. The City may petition the
1. Pesticides shall be stored in labeled containers Superior Court pursuant to Government Code § 54740 to
and shall not be stored where they can be exposed to rain or impose, assess and recover such sums. The civil penalty
irrigation water and be allowed to runoff to storm drains or provided in this section is cumulative and not exclusive,and
creeks. shall be in addition to all other remedies available to the City
2. Secondary containment shall be required for under State and Federal law and local ordinances. Funds
containment of pesticides, unless they are stored in an
2012 S-32
38Q Stormwater Pollution Prevention and Watershed Protection 9.18.240
collected pursuant to this section shall be paid to City's
Environmental Storm Management Account. (Ord. 2088,
§ 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967,
§ 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598,
§ 1 (part), 1992)
9.18.250 Notice of Violation.
Unless the Director of Public Works finds that the
severity of the violation warrants immediate action under
Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit
revocation or suspension, he/she shall issue a notice of
violation which:
1. Enumerates the violations found; and
2. Orders compliance in any manner authorized by
and consistent with the City's Enforcement Response Plan
and the provisions of chapter 1.10 of this Code. (Ord.
2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord.
1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord.
1598, § 1 (part), 1992)
9.18.260 Administrative Penalties-Payment of Funds
to Account.
Whenever the City Manager or his/her designee finds
that any person has violated any notice, of violation
requiring compliance with any provision of this Chapter,or
has violated any provision of this Chapter,he may assess an
administrative penalty in a sum not to exceed the amounts
provided in Government Code § 54740.5. The remedy
provided in this Section is cumulative and not exclusive,and
shall be in addition to all other remedies available to the City
under State and Federal law and local ordinances. Funds
collected pursuant to this section shall be paid to City's
Environmental Storm Management Account. (Ord. 2088,
§ 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967,
§ 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598,
§ 1 (part), 1992)
9.18.270 Severability.
If any section, subsection, subdivision, sentence,
clause,or phrase of this Chapter is for any reason held to be
unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby. (Ord.
2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord.
1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
2012 S-32
9.19.010
CHAPTER 9.19: WATER RESOURCE PROTECTION
Section
9.19.010 Purpose. G. "Riparian vegetation." Vegetation growing on or
9.19.020 Definitions. near the banks of a stream or other body of water on soils
9.19.030 Streamside modification permit. that exhibit some wetness characteristics during some
9.19.040 Streamside modification permit-guidelines portion of the growing season.
and standards. H. "Stream." A body of water that flows at least
9.19.050 Time limit for commencing use of permit. periodically or intermittently through a bed or channel
having banks. The body of water may include a surface or
subsurface flow that supports or has supported riparian
9.19.010 Purpose. vegetation, fish and/or aquatic life.
This chapter establishes the requirement to obtain a I. "Streamside modification permit." The permit
streamside modification permit under certain conditions for issued by the City to the applicant required for undertaking
modifications to streamside properties within the City and any modifications on streamside properties.
establishes procedures for the administration and issuance of J. "Streamside properties." All properties
such permits. (Ord. 1992, (part), 2007) containing or abutting a stream. (Ord. 1992, (part), 2007)
9.19.020 Definitions. 9.19.030 Streamside Modification Permit.
For the purposes of this chapter, the definitions A. Permit Required. No person shall do or cause to
contained in Section 9.18.020 shall apply to this chapter in be done any modification located on properties adjacent to
addition to those definitions contained in this section. The a stream unless a streamside modification permit for the
following words and phrases shall have meanings ascribed modification has been issued and is in effect. A streamside
to them by this section, unless the context or provision modification permit applies to the property for which it was
clearly requires otherwise. issued and therefore transfers when the property ownership
A. "Bank." The portion of the stream cross section is transferred, unless its specific conditions provide
that restricts lateral movement of water. otherwise.
B. "Development." A land development or land B. Exceptions. The following modifications are
development project. exempt from the requirement of obtaining a streamside
C. "Director of Public Works." The Director of modification permit, if the modification is not within a
Public Works and his or her duly authorized agents and stream including up to the top of bank.
representatives. 1. Less than three cubic yards of earthwork provided
D. "Guidelines and Standards." A set of model it does not damage, weaken, erode or reduce the
guidelines, standards, procedures, and recommendations effectiveness of the stream to withhold storm and flood
developed for land use activities near streams, for waters.
streamside properties, and for the protection of streams and 2. A fence that is six feet or less in height or is
streamside resources. otherwise permitted by the City.
E. "Modification." Any alteration to streamside 3. An accessory structure 120 square feet or less in
properties or structures therein, including but not limited to size.
activities that are part of a development. 4. Interior or exterior additions or alterations to
F. "Person." Any person, firm, association, structures within the existing footprint.
organization, partnership, business trust, joint venture, 5. Landscaping on existing single-family lots.
corporation or company,and includes the United States,the C. Applications. All requests for a stream
State of California, the County of Santa Clara, special modification permit must be filed with the City on an
purpose districts, and any officer or agency thereof. application form established and maintained by the City.The
38S
2012 S-32
9.19.030 Cupertino-Health and Sanitation 38T
person proposing the modification for which the permit is
required must sign the application. In the case of an
application filed by a public agency, the person duly
authorized to make such application must sign the
application.
D. Conditions of Approval. A stream modification
permit will be issued subject to the conditions required by
the City and the conditions will be commensurate with the
nature and magnitude of the request and may include a time
limit on the life of the permit. (Ord. 1992, (part), 2007)
9.19.040 Streamside Modification Permit—Guidelines
and Standards.
A. Adoption. The Council shall adopt by resolution
and may from time to time amend by resolution a
comprehensive set of guidelines and standards as defined in
Section 9.19.020 which shall form the basis for the
evaluation of land use on streamside properties and the
issuance as appropriate of streamside modification permits.
B. The application of the guidelines and standards
shall be administered by the Director of Public Works in
accordance with the purpose of this chapter.
C. Notwithstanding the criteria provided in the
guidelines and standards, the Director of Public Works is
authorized to make adjustments in the criteria and provisions
of the guidelines and standards, if in his or her professional
opinion, such adjustments are necessary to fit the specific
conditions of the property for which the streamside
modification permit is to be issued. (Ord. 1992, (part),
2007)
9.19.050 Time Limit for Commencing Use of Permit.
Unless specific language in stream modification permit
provides otherwise,the permit shall expire 730 days after its
effective date unless the permittee has preformed substantial
work in compliance with the conditions of the permit. (Ord.
1992, (part), 2007)
2012 S-32
13 Bicycles 11.08.250
Mariani Avenue De Anza Boulevard to Merritt Drive Both Shelly Drive to Terry Way Both
Vallco Parkway Wolfe Road to Tantau Avenue Both Terry Way to Rodrigues Avenue Both
McClellan Road Byrne Avenue to Stelling Road Both Rodrigues Avenue to Blaney Avenue Both
Bollinger Road Miller Avenue to Narciso Court Both Price Avenue Blaney Avenue to Portal Avenue Both
Rainbow Drive McClellan Road Foothill Boulevard to Byrne Avenue Both
(Saratoga-Sunnyvale Erin Way Stelling Road to Kirwin Lane Both
Road) Stelling Road to DeAnza Boulevard Both Kirwin Lane to Kim Street Both
Stevens Creek Tantau Avenue Stevens Creek Boulevard to
Boulevard East City Limit to the West City Barnhart Avenue Both
Limit Both Barnhart Avenue Tantau Avenue to Sterling
De Anza Boulevard Homestead Road to State Route 85 Both Boulevard Both
South Stelling Road Homestead Road to Prospect Road Both Miller Avenue Calle De Barcelona to Stevens
Prospect Road Stelling Road to De Anza Boulevard Both Creek Boulevard Both
Miller Avenue Calle De Barcelona To Bollinger Marian Avenue Bandley Way to De Anza Boulevard Both
Road Both Rodriguez Avenue De Anza Boulevard to Blaney Avenue Both
Wolfe Road Homestead Road to Stevens Rainbow Drive Bubb Road to Sterling Avenue Both(Ord. 2064,
Creek Boulevard Both 2010;Ord. 1872,2001; Ord. 1864,2000;Ord. 1739, 1996;
Foothill Boulevard Interstate Route 280 to McClellan
Road Both Ord. 1731 (part), 1996; Ord. 1420 (part), 1987)
Bollinger Road Westlynn Way to the East City Limit Both
Blaney Avenue Stevens Creek Boulevard to 11.08.270 Prohibition of Skateboarding and Roller
Bollinger Road Both Skating.
De Anza Boulevard Homestead Road to Bollinger Road Both
De Anza Boulevard State Route 85 to Prospect Road Both It is unlawful and subject to punishment in accordance
Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both with Section 11.08.280 of this chapter, for any person
(Ord. 2091,2012; Ord. 2063,2010; Ord. 1873,2001; Ord. utilizing or riding upon any skateboard, roller skates or any
1870,2001;Ord. 1856,2000;Ord. 1848,2000;Ord. 1766, similar device to ride or move about in or on any public
1997;Ord. 1759, 1997;Ord. 1745, 1996;Ord. 1740, 1996; property when the same property has been designated by the
Ord. 1731 (part), 1996;Ord. 1544, 1991;Ord. 1517, 1990; City Council and posted as a "No Skateboarding or Roller
Ord. 1420(part), 1987) Skating Area." The following are established as a no
skateboarding or roller skating areas:
11.08.260 Bicycle Route-Designated. Civil Center Plaza(City Hall/Library).
The City Manager,upon approval of the City Council, Veteran's Memorial(in Memorial Park). (Ord. 2026,
is authorized to erect or place signs upon any street in the 2008; Ord. 1916, (part), 2003; Ord. 1898, 2002; Ord.
City indicating the existence of a bicycle route, and 1767, (part), 1997)
otherwise regulating the location and use of vehicles and
bicycles with respect to them, so long as the same are 11.08.280 Penalty.
consistent with this chapter. Before such a sign is erected, Any person who violates any provision of this chapter
the subject bicycle route shall be designated on such streets shall be guilty of an infraction, and, upon conviction
by an approved sign, or in such other manner as the City thereof, shall be punished as provided in Chapter 1.12,
Manager determines will provide sufficient notice of the except that no fine imposed for violation of any licensing
existence of such bicycle route. and registration provisions of this chapter shall exceed ten
dollars. (Ord. 1886, (part), 2001; Ord. 1767, (part), 1997;
DESIGNATION OF BICYCLE ROUTE Ord. 1420, (part), 1987)
Street Description Side
Stevens Canyon McClellan to South City Limits Both
Road
Bandley Drive Valley Green Drive to Stevens
Creek Boulevard Both
Portal Avenue Merritt Drive to Price Avenue -Both
Lubec Street Mary Avenue to Anson Way Both
Anson Way to Milford Drive Both
Milford Drive to Castine Avenue Both
Castine Avenue to Greenleaf Drive Both
Greenleaf Drive to Beardon Drive Both
Beardon Drive to Valley Green Drive Both
Valley Green Drive to Bandley Drive Both
Merritt Drive Mariani Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
2012 S-32
19.48.010
CHAPTER 19.48: FENCES
Section
19.48.010 Purpose. 2. Fences and walls shall be designed in a manner to
19.48.020 Fence location and height for zones provide for sight visibility at private and public street
requiring design review. intersections. (Ord. 2085, § 2 (part), 2011; Ord. 1979,
19.48.030 Fence location and height for zones (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1
not requiring design review. (part), 1998)
19.48.040 Roadway and driveway gates.
19.48.050 Proximity of plants and fences to 19.48.030 Fence Location and Height for Zones
public streets. Not Requiring Design Review.
19.48.060 Exceptions—Findings. Table 19.48.030 sets forth the rules and regulations
19.48.070 Temporary fences for construction. pertaining to fences in zones where design review is not
19.48.080 Violation—Penalty. required.
19.48.090 Prohibited fences.
*For statutory provisions making fences taller than ten feet
a nuisance,see Civil Code§841.4. Prior ordinance history: [Table 19.48.030 begins on next page.]
Ords. 112, 686, 852, 1179, 1630, 1637 and 1777.
19.48.010 Purpose.
The purpose of this chapter is to regulate the location
and height of fences and vegetation in yards of all zoning
districts in order to protect the safety,privacy,and property
values of residents and owners of properties within any
zoning district of the City, including but not limited to
residential, commercial, offices, institutional, industrial
and/or agricultural properties. (Ord.2085, §2(part),2011;
Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
19.48.020 Fence Location and Height for Zones
Requiring Design Review.
A. The Approval Body for a proposed project shall
have the authority to require, approve, or disapprove wall
and fencing plans including location,height and materials in
all zones requiring design review.
B. The basic design review guidelines for the review
of fences and walls are as follows:
1. Fences and walls separating commercial,
industrial, offices, and institutional zones from residential
zones shall be constructed at a height and with materials
designed to:
a. Acoustically isolate part of or all noise emitted by
future uses within the commercial, industrial, offices, or
institutional zones. The degree of acoustical isolation shall
be determined during the design review process.
b. Ensure visual privacy for adjoining residential
dwelling units.
2012 S-31 99
19.48.030 Cupertino-Zoning 100
6 foot high fence 3 foot high fence '
A. Front Yard Not within required setback area
B. Rear Yard Along property line or in required setback area
C. Side Yard
1. Interior residential lots Along property line or in required setback area
2. Corner residential lots
Along any property
a. Interior side Along property line or in required setback area line, in any required
setback area or in
b. Street side i. If rear property line adjoins a rear property corner triangle
line: Setback from side property line: 5 feet
ii. If Rear property line adjoins side property
line of a key lot: In addition to i. above,
setback from street side property line,
within 10 feet of adjacent property line: 12
feet
D. In areas where a six(6) foot fence is allowed, an up to eight(8) foot high fence can be constructed, subject to
building permit approval and upon receipt of written approval from adjacent property owners.
E. If the Director of Community Development determines that a proposed fence is widely visible to public view and
has the potential to create impacts on the visual character of an area (for example blocks public views from the
valley floor to the hills or an open space reserve), then the proposed fence shall comply with the requirements in
Sections 19.48.030F(1)(b) & 19.48.030F(2) regardless of lot size.
F. Additional regulations for Residential Hillside or Open Space Zoning Districts:
1. Solid Board Fencing
a. Net lot Shall not be limited but shall be subject to the regulations in 19.48.030(A) - (D).
area <
30,000
square
feet
b. Net lot 5,000 square feet(excluding the principal building) of net lot area may be enclosed with
area solid board fencing subject to 19.48.030(A) - (D).
30,000
square
feet
2012 S-32
101 Fences 19.48.040
19.48.040 Roadway and Driveway Gates.
Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications
for Security Gates for access roadways and driveways and the criteria in Table 19.48.040 or the gates were in existence prior
to September 20, 1999, with necessary permits, if needed.
Table 19.48.040: Roadway and Driveway Gates
A. R1, R2 and R3 Zoning District A driveway gate may be installed after a Fence Exception
is obtained and shall meet the following:
1. Driveway gate shall be setback a minimum of 30
feet from the front and/or street side property lines;
2. Applicant must provide evidence that the gates are
needed for demonstrated security and/or
demonstrated safety reasons; and
3. The Fire Department approves the locking
mechanism and location of the gate.
B. RHS Zoning District Gates may be used to control access to private roads and
driveways provided that the design of the gate, including
location, dimension and the locking mechanism, are
approved by the Director of Community Development
after consultation with the Fire Department.
C. Other Properties Roadway and driveway gates may be approved through a
fence exception if the development meets any one of the
following conditions:
1. Is a mixed-use development, where the parking for
different uses needs to be separated to assure
availability of parking for each use
2. If a development include below-grade parking
structure, where the gates are required to secure the
below-grade parking;
3. If the gates are required for a development to obtain
federal or State funding;
4. If the development is secluded;
5. If the gates are needed for demonstrated security
and/or demonstrated safety reasons.
D. Property located in other residentially zoned In addition to the requirements of Section 19.48.040C,
areas the application shall also be subject to the requirements of
19.48.040A.
(Ord. 2085, § 2 (part), 2011)
2012 S-32
19.48.050 Cupertino-Zoning 102
19.48.050 Proximity of Plants and Fences to 19.48.080 Violation—Penalty.
Public Streets. Any person who violates the provisions of this chapter
The proximity of plants and fences to public streets shall be guilty of an infraction and upon conviction thereof
shall be controlled by the provisions of Chapter 14.08 of the shall be punished as provided in Chapter 1.12.
Municipal Code. (Ord. 2085, §2(part), 2011; Ord. 1979, (part), 2006; Ord.
(Ord. 2085, §2(part), 2011;Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
1788, § 1 (part), 1998)
19.48.090 Prohibited Fences.
19.48.060 Exceptions—Findings. Barbed wire,razor wire,and/or electrified fencing are
Where practical difficulties,unnecessary hardships,or prohibited unless required by law or regulation of the City,
results inconsistent with the purpose and intent of this State or Federal Government.
chapter result from the strict application of the provisions (Ord. 2085, § 2(part), 2011; Ord. 1979, (part), 2006)
hereof, exceptions may be granted as provided in Chapter
19.12, and this section for all zoning districts except the
RHS Zoning District, in which case a Hillside Exception
must be obtained in accord with the requirements of Section
19.40.040 and Section 19.40.070.
The Approval Body may grant the exception based
upon the following findings:
1. The literal enforcement of the provisions of this
chapter will result in restrictions inconsistent with the spirit
and intent of this chapter.
2. The granting of the exception will not result in a
condition which is materially detrimental to the public
health, safety or welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed regulation
and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehicular traffic.
5. The proposed development is otherwise consistent
with the City's General Plan and with the purpose of this
chapter as described in Section 19.48.010.
6. The proposed development meets the
requirements of the Santa Clara Fire Department and
Sheriff's Department, and if security gates are proposed,
that attempts are made to standardize access.
7. The fence height for the proposed residential
fence is needed to ensure adequate screening and/or privacy.
(Ord. 2085, § 2 (part), 2011)
19.48.070 Temporary Fences for Construction.
The Chief Building Official may require persons
constructing structures in the City to erect and maintain
temporary fences around all or a portion of the construction
site in order to secure the site from entry by the general
public.
(Ord. 2085, §2(part),2011; Ord. 1979, (part), 2006; Ord.
1777, (part), 1998)
2012 S-32
111 General Commercial (CG) Zones 19.60.030
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
13. Limited repair services, such as: P
a. Jewelry,
b. Household appliance,
c. Typewriter and
d. Business machine repair shops
14. Personal service establishments such as: P
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
15. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P
with provisions of Chapter 19.100 of this title.
16. A maximum of four video game machines, provided these machines are incidental to the main P
activity of the business
17. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P
single building or shopping center;
18. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar
services for pets
a. Uses in(18) above which are located in a sound-proof structure and are in compliance P
with Santa Clara County Health Department regulations
b. Uses in(18) above which are not located in a sound-proof structure and are in compliance CUP- PC
with Santa Clara County Health Department regulations
19. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for
pets; kennels; taxidermists;
20. Child day care facilities located within an established business: P
a. Serving that business only and
b. Which do not generate additional traffic from that produced by the business itself
21. CUP- PC
a. Child care centers,
b. Day nurseries, and
c. Playgrounds
22. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P
a. When the uses in(22) above cumulatively comprise
< 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
b. When the uses in(22) above cumulatively comprise CUP- Admin.
z 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
2012 S-31
19.60.030 Cupertino-Zoning 112
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
23. Retail/service kiosks that meet the following: CUP- Admin.
a. Are located in an unenclosed space visible from public streets or other publicly owned
space,
b. Where adequate parking is provided as determined by Chapter 19.124,
c. Which do not result in traffic or circulation impacts,
d. Have attractive designs and landscaping, and
e. Are compatible with the surrounding architecture
24. Other uses which, in the opinion of the Director of Community Development, are similar to the P
permitted uses in the CG zoning district, and which do not create significant adverse impacts to
the surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic
or litter.
25. Commercial parking and parking garages CUP- PC
26. Convenience markets CUP- PC
27. Hotels, motels, and boardinghouses CUP- PC
28. Liquor stores CUP- PC
29. Drinking establishments CUP- PC
30. Theaters CUP- PC
31. Mortuaries; CUP- PC
32. Automobile service stations, automobile washing facilities; CUP- PC
33. Business activities, which incorporate contracting services for which a contracting license CUP- PC
issued by the State of California, are required.
34. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in operable CUP- PC
condition
35. Automobile and Tire repair shops CUP- PC
36. Other commercial uses which are neither permitted uses nor excluded uses and which are, in CUP- PC
the opinion of the Planning Commission, consistent with the character of a general commercial
(CG)zone of the same general character listed in this section, and which do not create
significant adverse impacts to the surrounding area due to odor, dust, fumes, glare, radiation,
vibration, noise, traffic or litter.
37. Businesses where the primary activity is related to the on-site manufacturing, assembly or Ex
storage of building components intended for use by general contractors or wholesalers;
38. Storage garages, and other wholesale businesses, except computer hardware and software and Ex
communications businesses for which the City may generate sales tax revenue where the
primary activity is to conduct sales and services to other businesses rather than to direct retail
customers;
39. Other uses which, in the opinion of the Planning Commission, are objectionable by reason of Ex
odor, dust, smoke, glare, fumes, radiation, vibration, noise, traffic or litter shall be excluded.
2012 S-32
27 Comprehensive Ordinance List
Ord. No. Ord. No.
1570 Amends § 2.84.010, Environmental 1593 Amends § 16.56.010, housing code
Review Committee (2.84) (Repealed by 1710)
1571 Adds Ch. 9.18, nonpoint source 1594 Amends Ch. 16.40, fire code
pollution(9.18) (Repealed by 1711)
1572 Repeals and replaces Ch. 6.24, 1595 Amends §§ 16.32.020, 16.32.030,
garbage collection(6.24) 16.32.040, 16.32.050, swimming
1573 Amends Ord. 1543, heritage and pools (16.32)
specimen trees (14.18) 1596 Amends § 2.44.120, architectural and
1574 Rezone(Special) site approval committee (Repealed by
1575 Adds Art. 13 to Title 18, hillside 1630)
subdivision requirements(18.52) 1597 (Number not used)
1576 Adds Ch. 2.86, Affordable Housing 1598 Amends entirety of Ch. 9.18, repeals
Committee(2.86) former sections 9.18.150--9.18.180,
1577 Amends Ch. 11.24 [§ 11.24.150], nonpoint source pollution(9.18)
parking prohibition along certain (9.18.050 Repealed by Ord. 2088)
streets (11.24) 1599 Adds Ch. 3.36, storm drainage service
1578 Amends § 11.24.150, parking charge (3.36)
prohibitions on Stevens Creek 1600 Amends § 3.34.030(A), telephone use
Boulevard (11.24) tax(3.34)
1579 Amends § 11.12.030, speed limit on 1601 Adds Title 19 and repeals Ords.
Bandley Drive(11.12) 002(b-1), (k), (x), (y), NS-1200 §§ 29
1580 Amends Ch. 15.32, water conservation and 30, 220(g) and(1), 575, 618, 652,
(15.32) 664, 668, 779, 802, 906, 1277, 1344,
1581 Repeals Ch. 2.38 (Repealer) 1449, 1450, 1451, 1452, 1484 and
1582 Adds Ch. 3.22, purchase of supplies 1495, zoning(19.02, 19.04, 19.08,
and equipment; repeals Ch. 3.24 19.12(Repealed by Ord. 2085), 19.16,
(3.22) 19.20(Repealed by Ord. 2085), 19.24,
1583 Adds Ch. 3.23, public works contract 19.28, 19.32, 19.36, 19.40, 19.44,
and bidding procedures(3.23) 19.48 (Repealed by Ord. 2073), 19.52
1584 Amends § 11.12.030, speed limit on (Repealed by Ord. 2085), 19.56
Miller Avenue(11.12) (Repealed by Ord. 2085), 19.60
1585 Amends §§ 11.29.030--11.29.060, on- (Repealed by Ord. 2085), 19.64
site parking (Repealed by 1940) (Repealed by Ord. 2085), 19.68,
1586 Adds Ch. 11.38, transportation 19.72, 19.76, 19.80(Repealed by Ord.
demand management (Repealed by 2085), 19.84 (Repealed by Ord. 2085),
1731) 19.88 (Repealed by Ord. 2085), 19.92,
1587 Amends §§ 15.32.010, 15.32.020, 19.96, 19.100, 19.104 (Repealed by
15.32.030, 15.32.050, and 15.32.060, Ord. 2085), 19.108 (Repealed by Ord.
water conservation(15.32) 2085), 19.112, 19.116, 19.120,
1588 Adds Ch. 10.27, cigarette and/or 19.124, 19.128, 19.132(Repealed by
tobacco vending machines (10.27) Ord. 2085), 19.136, 19.140, 19.152,
1589 Amends § 11.24.150, parking 19.160)
prohibitions on Finch Avenue (11.24) 1602 Rezone(Special)
1590 Amends §§ 16.04.010 and 16.04.065, 1603 (Number not used)
repeals §§ 16.04.040, 16.04.045 and 1604 Amends Ch. 15.12, waterworks
16.04.047, building code(Repealed by system(Repealed by 1776)
1706) 1605 Amends § 11.24.150, parking
1591 Amends §§ 16.20.010, 16.20.020, prohibitions (11.24)
16.20.030 and 16.20.050, plumbing 1606 Adds Ch. 9.06, massage
code(Repealed by 1708) establishments (9.06)
1592 Amends §§ 16.24.010, 16.24.030 and 1607 Amends (75) and(76)of§ 19.02.030,
16.24.070, mechanical code (Repealed zoning(19.02)
by 1709)
2012 S-32
Cupertino-Comprehensive Ordinance List 28
Ord. No. Ord. No.
1608 Adds Ch. 19.05A (OS open-space 1625 Amends § 5.16.040, garage and patio
zones), amends §§ 19.88.010 and sales (5.16)
19.88.020, zoning (19.24 (Repealed by 1626 Amends §§ 6.24.070 and 6.24.080,
Ord. 2085), 19.88) garbage containers (6.24)
1609 Amends § 18-1.803.2, 18-1.402.4(4), 1627 Amends § 18-1.201.(H), definition of
18-1.402.5.1(B), 18-1.602.5(A) and lot line adjustment(18-1.201.)
18-1.602.7, subdivisions (18.16, 1628 Repeals and replaces Ch. 10.44,
18.24, 18.32) parades and athletic events (10.44)
1610 Adds subsection(F) to § 16.12.030, 1629 Amends § 11.37.040, fee for
soil report(16.12) processing overweight vehicle permit
1611 Adds § 14.04.125, traffic diverters (11.37)
(14.04) 1630 Amends §§ 14.15.040(E),
1612 Amends Ch. 5.04, business license 14.15.050(A), 14.18.060, 14.18.080,
taxes(5.04) 14.18.120, 14.18.140, 14.18.160,
1613 Amends contract with Board of 16.28.030, 19.16.060(E)(3),
Administration of California Public 19.20.060(E)(4), 19.28.070,
Employees Retirement System(Not 19.44.070(E)(4), 19.56.070,
codified) 19.76.050(E), 19.88.060(7)(1) and(2),
1614 Moratorium on certain subdivision, 19.132.060 and 19.136.060; repeals
building and grading uses in Ch. 2.44 and §§ 19.44.090, 19.48.100
Inspiration Heights area(Not codified) and 19.68.080, review authority
1615 Adds Ch. 14.15, xeriscape (14.15 (Repealed by Ord. 2058),
landscaping; amends title of Title 14 to 14.18, 16.28 (Repealed by Ord. 2085,
be Streets, Sidewalks and Landscaping 19.16(Repealed by Ord. 2085), 19.20
(Repealed by Ord. 2058) (Repealed by Ord. 2085), 19.28
1616 Amends §2.7.3 of Ord. 1606, (Repealed by Ord. 2085), 19.44
massage establishments and services (Repealed by Ord. 2085), 19.48
(9.06) (Repealed by Ord. 2073), 19.56
1617 Amends § 2.04.040, vacancy on City (Repealed by Ord. 2085), 19.76
Council (2.04) (Repealed by Ord. 2085), 19.88
1618 Amends §§ 19.08.030, 19.28.030, (Repealed by Ord. 2085), 19.132
19.28.100, 19.56.040 and 19.124.100, (Repealed by Ord. 2085) and 19.136
zoning(19.08, 19.28 (Repealed by (Repealed by Ord. 2085))
Ord. 2085), 19.56 (Repealed by Ord. 1631 Repeals and replaces Title 8, animals
2085), 19.124 (Repealed by Ord. (Repealed by 1644)
2073)) 1632 Amends § 3.23.120(B); repeals
1619 Extends moratorium contained in Ord. § 3.23.120(C), public works contract
1614 (Not codified) and bidding procedures (3.23)
1620 Amends Ch. 16.32, swimming pools 1633 Amends § 11.24.160, stopping,
(16.32) standing and parking (11.24)
1621 Rezone (Special) 1634 Amends §§ 19.28.060, 19.40.010 and
1622 Amends Ch. 15.32, water conservation 19.40.020, zoning(19.28 (Repealed by
(15.32) Ord. 2085), 19.40)
1623 Amends §2.48.020(A); repeals 1635 Adds §§ 18-1.1303(G) and (H);
§§ 2.48.020(F) and 2.48.020(G), amends §§ 18-1.1303(B), (C) and(D),
department organization(2.48) 19.08.030, 19.28.060 and 19.28.070,
1624 Amends Title 17, signs; adds subdivisions and zoning(18.52, 19.08,
Appendices A-1 through A-9 to Title 19.28 (Repealed by Ord. 2085))
17 (17.04, 17.08, 17.12, 17.16, 17.20, 1636 (Number not used)
17.24, 17.32, 17.44, 17.52, Title 17, 1637 Adds subsection(F) to § 14.15.050
Appendices A-1 through A-9) (Title 17 and Appendix A to Ch. 14.15; amends
Repealed by Ord. 2085)Amends § 14.15.040, xeriscape landscaping;
§ 19.104.010, zoning (19.104) adds subsection(D) to § 16.28.040,
2012 S-31
37 Comprehensive Ordinance List
Ord. No. Ord. No.
3.23.020--3.23.050, 3.23.100 and 1925 Amends § 14.04.040, street
3.23.130, revenue and finance (3.22, improvement requirements, and
3.23) § 18.32.030, subdivision frontage
1898 Amends § 11.08.270, roller skates and improvements (14.04, 18.32)
skateboards (11.08) 1926 Amends Ch. 17.32, temporary signs
1899 Rezone(Special) (17.32) (Repealed by Ord. 2085)
1900 Repeals and replaces § 3.23.160, 1927 Rezones certain land; adds
public works contract and bidding § 19.28.105 (19.28); rescinds Ord.
procedures (3.23) 1902
1901 Amends Title 19, §§ 19.112.020 and 1928 Rezones certain land(Not codified)
19.112.050, zoning of dwelling units 1929 Rezones certain land(Not codified)
(19.112) 1930 Amends § 11.24.170, parking(11.24)
1902 Adoption of interim procedures to 1933 Rezones certain land(Not codified)
rezone 19 acres of land(Not codified) 1934 Amends § 2.80.010, Fine Arts
(rescinded by Ord. 1927) Commission established(2.80)
1903 Amends a contract between the city 1936 Amends development agreement
and the state's PERS (Not codified) between city and Vallco International
1904 Amends Title 10, curfew Shopping Center, LLC (Not codified)
1905 Amends Title 16, flood damage 1940 Amends Ch. 19.100, parking
1906 Home maintenance activities, Title 16 regulations; repeals Ch 11.29, on-site
1907 Amends Title 16, adoption of building parking (11.29, 19.100(Repealed by
codes (16.04.170- 16.04.220, Ord. 2085)) (Ch. 19.100 renumbered
16.04.240- 16.04.330 Repealed by as 19.124 by Ord. 2085)
Ord. 2021; 16.04.230 Repealed by 1941 Amends § 2.04.010, City Council-
Ord. 2072) regular meetings (2.04)
1908 Amends Title 16, Mechanical Code 1942 Amends § 2.32.050, Planning
1909 Amends Title 16, Plumbing Code Commission meetings (2.32)
1910 Amends Title 16, Electrical Code 1943 Amends § 13.04.130, behavior of
(Repealed by Ord. 2017) persons in parks (13.04)
1911 Repeals old Fire Code provisions in 1944 Amends § 16.08.210, grading permits
Title 16 - limitations and conditions (16.08)
1912 Amends Title 2, Disaster Council 1945 Amends §§ 9.08.020- 9.08.040,
1913 Amends Title 2, Audit Committee 9.08.060- 9.08.110, weed abatement
1914 Amends Title 11, parking (9.08)
1916 Amends Title 11, skateboarding and 1946 Rezones certain land(Not codified)
rollerskating 1947 Modifies development agreement for
1917 Amends Title 9, massage and new retail space, residential units and
occupational therapists parking structure (Not codified)
1918 Amends Title 10, graffiti 1948 Amends § 18.28.030, application, and
1919 Rezones certain land(Not codified) § 18.28.040, filing and processing
1920 Rezones certain land(Not codified) (18.28)
1921 Amends §§ 10.48.040, 10.48.051, 1949 Not used
restriction of landscape maintenance 1950 Rezones certain land(Not codified)
activities (10.48) 1951 Amends § 2.24.020, payment
1922 Amends Ch. 9.18, stormwater procedure(2.24)
pollution prevention and watershed 1952 Amends § 2.04.030, City Council-
protection(9.18) (9.18.050, 9.18.130 place of meetings (2.04)
and 9.18.140 Repealed by Ord. 2088) 1954 Amends Ch. 19.28, single-family
1923 Amends §9.08.080, notice of report residential(R1)zones; repeals
(9.08) §§ 19.28.105, 19.28.150, 19.28.160
1924 Rezones certain land(Not codified) and Appendices A, B and C (19.28)
2012 S-32
Cupertino-Comprehensive Ordinance List 38
Ord. No. Ord. No.
1956 Repeals Ch. 2.06- City Council- 1982 Amends Ch. 9.18, Stormwater
campaign finance (2.06) Pollution Prevention and Watershed
1958 Amends § 2.04.010, regular meetings Protection(9.18) (9.18.050, 9.18.130
(2.04) and 9.18.140 Repealed by Ord. 2088)
1959 Rezones certain land(Not codified) 1985 Amending City Council Salaries (2.16)
1960 Repeals Ch. 20.02, general plan 1986 Rezones certain land(Not codified)
1963 Amends § 9.06.110, massage therapist 1987 Amends Title 17, Signs(17) (Title 17
permit-criteria for issuance and Repealed by Ord. 2085) Amends
§ 9.06.120, massage therapist practical § 19.104.010, zoning(19.104)
examination(9.06) 1988 Establishes regulations concerning
1964 Amends §§2.60.040 and 2.68.040, Claims Against City(1.18)
meetings-quorum-officers-staff, and 1989 Amends § 11.27.145 concerning
§§ 2.80.050 and 2.92.050, designation of preferential parking
meetings-quorum(2.60, 2.68, 2.80, zones (11.27)
2.92) 1990 Amends § 11.24.150 concerning
1965 Amends Ch. 2.74, Cupertino parking prohibitions along certain
technology, information, and streets (11.24)
communications commission(2.74) 1991 Amends § 11.24.170 concerning
1966 Amends § 14.04.230, Street parking limitations on certain streets
improvements-exceptions (14.04) (11.24)
1967 Amends Ch. 9.18, stormwater 1992 Establishes regulations regarding water
pollution prevention and watershed resource protection(9.19)
protection(9.18) (9.18.050, 9.18.130 1993 Rezones certain land(Not codified)
and 9.18.140 Repealed by Ord. 2088) 1994 Rezones certain land (Not codified)
1968 Amends § 11.24.150 to remove the 1995 Amends §2.74.010 concerning
prohibition of parking on the west side Technology, Information, and
of Vista Drive between Apple Tree Communications Commission(2.74)
drive and a point 200 feet south 1999 Amends § 11.24.140 concerning
(11.24) parking for purposes of servicing or
1969 Modifies development agreement repairing (11.24)
(1-DA-90)to extend its term and to 2000 Amends § 19.28.060 regarding
revise use and permit requirements development regulations (19.28)
related to hotels, garages, (Repealed by Ord. 2085)
neighborhood meetings, and public 2002 Amends § 11.24.170, relating to
hearings at Vallco (Not codified) parking limitations on Torre street
1972 Rezones certain land(Not codified) (11.24)
1973 Rezones certain land(Not codified) 2003 Amends Ch. 14.18 regarding the
1974 Amends §§ 2.32.020, 2.36.020, protection of trees (14.18)
2.68.030, 2.74.020, 2.80.020, 2005 Amends § 14.08.010 relating to the
2.86.030 and 2.88.030, terms of definition of City Manager and adds
office, members and meetings-quorum § 14.08.035 relating to permit notice
(2.32, 2.36, 2.68, 2.74, 2.80, 2.86, requirements (14.08)
2.88) 2006 Amends § 11.24.150)prohibiting
1975 Not in effect due to referendum parking on Hoo Hoo Way(11.24)
1977 Not in effect due to referendum 2007 Rezones certain land(Not codified)
1979 Amends Ch. 16.28, Fences and adds 2008 Amending § 2.08.096 regarding the
§ 16.28.080, prohibited fences (16.28) filing deadline for a petition for
(Repealed by Ord. 2085) reconsideration(2.08)
2009 Adding Chapter 2.17 relating to City
Council/City Staff relationships(2.17)
2012 S-32
39 Comprehensive Ordinance List
Ord. No. Ord. No.
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(Repealed by Ord. 2085))
Commission. (2.74) 2029 Amending § 11.24.160 regarding
2011 Amending § 19.28.060 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) (Title 17
2014 Amending § 13.04.150 regarding Repealed by Ord. 2085)
vehicle requirements (13.04) 2033 Amending §§ 2.18.040 and 2.18.080
2015 Amending §§ 2.32.040, 2.36.040, relating to the City Attorney (2.18)
2.60.020, 2.60.040, 2.68.040, 2034 Amending Table 11.24.160 prohibiting
2.80.040, 2.86.050, 2.88.050, parking during certain hours on
2.92.020, 2.92.040 regarding Greenleaf Drive (11.24)
Chairperson and Vice-Chairperson 2035 Amending § 11.20.020 relating to the
terms (2.32, 2.36, 2.60, 2.68, 2.80, establishment of a vehicular stop at
2.86, 2.88, 2.92) Ann Arbor Avenue and Greenleaf
2016 Amending the California Electric Drive (11.20)
Code. Amending § 16.16.010 and 2036 Amending § 11.20.030 relating to a
repealing 16.16.080- 16.16.110 and vehicular stop at Calvert Drive and
16.16.140. (16.16) Tilson Avenue (11.20)
2017 Amending the 2007 California 2037 Adding Chapter 19.118 regarding
Plumbing Code. Amending required artwork in public and private
§§ 16.20.010, 16.20.020, 16.20.080 developments (19.118) (Repealed by
(16.20) (16.20.030 and 16.20.090 Ord. 2085) (Ch. 19.118 renumbered as
Repealed by Ord. 2072) Ch. 19.148 by Ord. 2085)
2018 Amending the 2007 California 2038 Amending Chapter 19.108 regarding
Mechanical Code. Amends wireless communication facilities
§§ 16.24.010- 16.24.030(16.24) (19.108) (Repealed by Ord. 2085) (Ch.
2019 Adopting the 1997 Uniform Code for 19.108 renumbered as Ch. 19.136 by
the Abatement of Dangerous Buildings Ord. 2085)
Codes (16.70) 2039 Amending Single-Family Residential
2020 Amending Chapter 16.40 regarding the (R1) Zones (19.28)
California and International Fire Codes 2040 Amending§ 2.18.080 regarding
(16.40) (16.40.170, 16.40.280, agreements on employment(2.18)
16.40.470, 16.40.550, 16.40.570- 09-2041 Amending §§ 8.01.030, 8.01.130, and
16.40.640 Repealed by Ord. 2072) 8.03.010 changing penalties for
2021 Amending Chapter 16.04 regarding the violations regarding animals and public
Building Code. (16.04) nuisances (8.01, 8.03)
2022 Creating a new Chapter 16.72 09-2042 Adding Chapter 16.74 relating to
regarding recycling and diversion of adoption of Wildland Urban Interface
construction and demolition waste Fire Area(16.74)
(16.72) 09-2043 Amending § 1.12.010 regarding
2023 Amending § 11.20.020 regarding penalties for certain animal and public
vehicular stops required at certain nuisance infractions (1.12)
intersections(11.20) 09-2045 Repeals and replaces Chapter 6.28,
2024 Rezones certain land(Not codified) cable and video services (6.28)
2025 Amending property maintenance 2046 Amends entirety of Chapter 9.06,
regulations (9.22) massage establishments and services
2026 Prohibiting skateboarding and roller (9.06)
skating in certain areas (11.08)
2012 S-32
Cupertino-Comprehensive Ordinance List 40
Ord. No. Ord. No.
2048 Adding Ch. 1.10 regarding 19.76, 19.82 (Repealed by Ord. 2085),
Administrative citations, fines, and 19.88, 19.100(Repealed by Ord.
penalties(1.10) 2085), 19.116 (Repealed by Ord.
2049 Amending 14.04.040 regarding street 2085), 19.118 (Repealed by Ord.
improvement requirements (14.04) 2085), 19.124, 19.134 (Repealed by
2050 Amending Sign regulations (17.04, Ord. 2085), 19.144, 19.148)
17.08, 17.12, 17.16, 17.20, 17.24, 2057 Rezoning certain land(Not codified)
17.32, 17.44, 17.52, App. A-i - A-8) 2058 Repealing and replacing Ch. 14.15
(Title 17 Repealed by Ord. 2085) regarding the Landscaping Ordinance
2051 Rezones certain land(Not codified) (14.15)
2052 Rezones certain land(Not codified) 2059 Rezoning certain land (Not codified)
2053 Adding Ch. 3.35 regarding 2060 Not Adopted
telecommunication users' tax(3.35) 2062 Amending Chapter 2.86 regarding the
2054 Adding 1.18.040 regarding exhaustion Housing Commission(2.86)
of administrative remedies 2063 Amending 11.08.250 relating to
2055 Amending the Heart of the City designated bicycle lanes (11.08)
Specific Plan(Not codified) 2064 Amending 11.08.260 relating to
2056 Amending 2.08.095, 2.48.020, designated bicycle routes (11.08)
9.20.030, 14.04.010, 14.04.040, 2067 Amending 11.20.020 regarding
14.04.110, 14.04.130, 14.04.160, vehicular stops at certain intersections
14.04.175, 14.04.240, 14.05.010, (11.20)
14.05.040, 14.05.070, 14.05.090, 2069 Amending Chapter 6.24 regarding
14.18.020, 14.24.070, 16.04.050, garbage and recycling collection and
16.32.040, 18.28.040, 19.08.030, disposal (6.24)
19.16.020, 19.16.030, 19.20.020, 2070 Amending Chapter 16.72 to add
19.20.030, 19.24.010, 19.28.030, recycling to provisions (16.72)
19.28.090, 19.28.130, 19.32.020, 2071 Not adopted
19.32.030(Repealed by Ord. 2085), 2072 Amending Chapters 16.04, 16.12,
19.36.020, 19.36.030(Repealed by 16.16, 16.20, 16.24, 16.40, adding
Ord. 2085), 19.36.050(Repealed by Chapters 16.06, 16.54, 16.58, 16.80
Ord. 2085), 19.36.080(Repealed by regarding various building and
Ord. 2085), 19.40.030, 19.40.140, construction codes (16.04, 16.06,
19.44.020, 19.50.010- 19.50.060, 16.16, 16.20, 16.24, 16.40, 16.54,
19.52.010- 19.52.030, 19.52.050, 16.58, 16.80)
19.52.060, 19.56.060, 19.56.070, 2073 Repealing and replacing 19.48.010-
19.60.040, 19.64.040, 19.64.070, 19.48.050, 19.72.040, 19.124.010-
19.64.090, 19.76.050, 19.76.060, 19.124.150, 20.04.040(19.48
19.82.060, 19.88.020, 19.100.040, (Repealed by Ord. 2085), 19.72
19.100.060, 19.116.120, 19.116.310, (Repealed by Ord. 2085), 19.124
19.118.020, 19.124.040, 19.124.060, (Repealed by Ord. 2085), 20.04)
19.134.030, 19.134.090 regarding the 2074 Amending 19.08.010(Repealed by
housing element of the General Plan, Ord. 2085), 19.08.020(Repealed by
19.144.230, 19.148.020(2.08, 2.48, Ord. 2085), 19.08.030, and
9.20, 14.04, 14.05, 14.18, 14.24, 19.100.030- 19.100.040(19.08,
16.04, 16.32, 18.28, 19.08, 19.16 19.100(Repealed by Ord. 2085))
(Repealed by Ord. 2085), 19.20 2075 Not adopted
(Repealed by Ord. 2085), 19.24, 19.28 2076 Not adopted
(Repealed by Ord. 2085), 19.32, Res. 03-037 Amending 11.27.149 designating
19.36, 19.40(Repealed by Ord. 2085), permit parking on Madrid Road
19.44, 19.50(Repealed by Ord. 2085), (11.27)
19.52, 19.56(Repealed by Ord. 2085), 2077 Establishing §§ 10-90.010- 10-90.040
19.60, 19.64 (Repealed by Ord. 2085), regulating smoking in recreational
areas (10.90)
2012 S-32
41 Comprehensive Ordinance List
Ord. No. Ord. No.
2078 Amending 11.20.030 regarding required 2088 Stormwater pollution prevention and
stops at certain intersections (11.20) watershed protection-Amends entirety
2079 Amending Single-Family Residential of Ch. 9.18, repeals former sections
(R1) Zones (19.28) (Repealed by Ord. 9.18.050, 9.18.130, 9.18.140, adds
2085) new sections 9.18.015, 9.18.115,
2080 Electing and implementing participation 9.18.130, 9.18.195 (9.18)
in the voluntary alternative development 2089 Amending Chapter 3.12.030 increasing
program(Not codified) the transient occupancy tax rate (3.12)
2081 Amends 2.08.080 and 2.080.090 2090 Rezoning certain land(Not codified)
regarding City Council rules and 2091 Amending 11.08.250 relating to
conduct of meetings (2.08) bicycle lanes (11.08)
2082 Amends 11.20.020 regarding vehicular
stops at certain intersections (11.20)
2083 Amends 19.60.010, 19.60.080,
19.60.090, 19.60.100 related to the
streamlining and codification of ML-rc
(19.60(Repealed by Ord. 2085))
2084 Rezoning certain land(Not codified)
2085 Amends Ch. 2.90; adds Ch. 9.16;
amends Ch. 14.18; amends
§ 16.08.200; amends Title 18, Ch.
18.04, 18.08, 18.12, 18.16, 18.20,
18.24, 18.28, 18.32, 18.36, 18.40,
18.44, 18.48, 18.52, 18.56; amends
Title 19, Ch. 19.04, 19.08, 19.12,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.48, 19.52,
19.56, 19.60, 19.64, 19.68, 19.72,
19.76, 19.80, 19.84, 19.88, 19.92,
19.96, 19.100, 19.104, 19.108, 19.112,
19.116, 19.120, 19.124, 19.128,
19.132, 19.136, 19.140, 19.144,
19.148, 19.152, 19.156, 19.160,
19.164, 19.168; repeals Title 17 (2.90,
9.16, 14.18, 16.08, 18.04, 18.08,
18.12, 18.16, 18.20, 18.24, 18.28,
18.32, 18.36, 18.40, 18.44, 18.48,
18.52, 18.56, 19.04, 19.08, 19.12,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.48, 19.52,
19.56, 19.60, 19.64, 19.68, 19.72,
19.76, 19.80, 19.84, 19.88, 19.92,
19.96, 19.100, 19.104, 19.108, 19.112,
19.116, 19.120, 19.124, 19.128,
19.132, 19.136, 19.140, 19.144,
19.148, 19.152, 19.156, 19.160,
19.164, 19.168)
2086 Amending the zoning map(Not
codified)
2087 Amending the Heart of the City Specific
Plan(Not codified)
2012 S-32
19 Index
MINOR Maintenance 10.21.070
See BINGO Permit, insurance requirements 10.21.080
CURFEW Purpose of provisions 10.21.010
Violation
MOBILE VENDORS abatement 10.21.090
See VENDORS, MOBILE penalty 10.21.110
MOSQUITOES NOISE CONTROL
Abatement Administration 10.48.020
by city when 9.16.080 Animals, birds 10.48.061
cost Brief daytime incidents 10.48.050
See also Lien City department duties 10.48.023
payment by owner 9.16.090 Definitions 10.48.010
notice Deliveries, pickups, nighttime 10.48.062
contents 9.16.050 Disturbance prohibited 10.48.060
when 9.16.040 Emergency exception 10.48.030
Breeding places declared nuisance 9.16.020 Exceptions
Enforcement authority 9.16.030 appeal 10.48.032
Findings, intent 9.16.010 emergency 10.48.030
Health officer defined 9.16.150 homeowner construction work 10.48.029
Hearing 9.16.060 special, granting 10.48.031
Lien Grading, construction, demolition 10.48.053
exemption 9.16.140 Home maintenance activities 10.48.051
foreclosure 9.16.120 Maximum levels 10.48.040
generally 9.16.100 Motor vehicle
recordation, priority 9.16.110 faulty muffler system 10.48.056
satisfaction from sale proceeds 9.16.130 idling 10.48.055
Recurrence of nuisance 9.16.070 Multiple-family dwelling unit, interior noise
10.48.054
MOTEL Multiple section applicability 10.48.013
Business license Officer
See also BUSINESS LICENSE See NOISE CONTROL OFFICER
fee 5.04.390 Other remedies 10.48.014
Outdoor public events 10.48.055
MOTOR COURT Recreational vehicles 10.48.057
Business license tax rate 5.04.390 Violation
notice 10.48.011
MOVING BUILDINGS penalty 10.48.070
See BUILDING
NOISE CONTROL OFFICER
--N-- Administrative duty 10.48.020
Defined 10.48.010
NEWSPAPER Duties 10.48.022
See ADVERTISEMENT Exception granting authority 10.48.031
Noise abatement order 10.48.011
NEWSRACKS Powers 10.48.021
Administration
See Committee NUISANCE
Amortization 10.21.120 Abandoned,wrecked,inoperative vehicle 11.04.010
Appeals 10.21.100 Abatement
Applicability of provisions 10.21.030 See NUISANCE ABATEMENT
Committee 10.21.060 Animal 8.08.150
Definitions 10.21.020 Code chapters designated 1.09.180
Design standards 10.21.040 Fire code violations 16.40.750
Display of certain materials prohibited 10.21.050 Graffiti 10.60.020
2009 S-22
Cupertino-Index 20
Nighttime delivery to commercial establishment City costs, reimbursement 10.44.075
10.48.062 Defmitions 10.44.020
Penalty 1.12.030 Indemnification requirements 10.44.055
Property maintenance Liability insurance required 10.44.056
See PROPERTY MAINTENANCE Obstruction, interference prohibited 10.44.130
Sewer wells, cesspools, seepage pits 15.20.120 Permit
Sign, illegal 19.104.330 appeal 10.44.140
Weeds 9.08.020 application
Zoning provisions, noncompliance 1.09.170 contents 10.44.050
criteria 10.44.100
NUISANCE ABATEMENT decision, notice 10.44.100
Civil action permitted 1.09.100 fee 10.44.070
Cost recovery 1.09.090 filing period 10.44.060
Declaration of nuisance 1.09.040 contents 10.44.110
Definitions 1.09.030 required 10.44.040
Hearing revocation 10.44.150
council action 1.09.070 suspension, emergency 10.44.160
notice Purpose of provisions 10.44.010
form 1.09.050 Route, site, cordoning 10.44.120
service, posting 1.09.060 Violation, penalty 10.44.180
Purpose of provisions 1.09.020
Short title, statutory authority 1.09.010 PARK AND RECREATION COMMISSION
Violation, penalty 1.09.160 See also DEPARTMENT ORGANIZATION
PARKS, CITY
-- 0-- Chairman 2.36.040
Effect of provisions 2.36.110
OFF-STREET VEHICLES Established 2.36.010
Appeal from permit denial 11.10.015 Majority vote required when 2.36.060
Exemptions 11.10.013 Meetings 2.36.050
Operation Members
parent, guardian responsibility 11.10.014 terms 2.36.020
permit requirements 11.10.012 vacancy, removal 2.36.030
Purpose of provisions 11.10.010 Powers, functions 2.36.080
Vehicle defined 11.10.011 Procedural rules 2.36.090
Violation, penalty 11.10.016 Record required 2.36.070
ORDINANCE PARKING
See also RESOLUTION Camp car,mobilehome,prohibited where 11.28.020
Clerk record keeping 2.20.030 City property
Defined 1.04.010 definitions 11.31.010
Passage parking defined 11.31.010
effective date 2.12.050 prohibited 11.31.020
time, reading 2.12.020 unlawful 11.31.030
vote required 2.12.040 violation, penalty 11.31.040
Publication 2.12.010 Commercial vehicle weight limit 11.28.030
Real property description requirements 2.12.060 Construction, repair, greasing of vehicle,prohibited
where 11.28.040
Curb markings, signs
designated, meaning 11.24.040
PACIFIC GAS AND ELECTRIC COMPANY obedience required 11.24.050
See FRANCHISE private street
See Private street
PARADES AND ATHLETIC EVENTS Definitions 11.24.030, 11.28.010
Administration, authority designated 10.44.030 Diagonal
private street
2012 S-32
25 Index
--S — See also WATER POLLUTION
See also PREVENTION
SAFETY ASSESSMENT PLACARDS Abandoned system 15.20.140
Application of provisions 16.80.020 Appeals, generally 15.20.190
Definitions 16.80.030 Applicability of provisions 15.20.010
Intent 16.80.010 Alteration, permit required 15.20.070
Placards 16.80.040 Building permit issuance requirements 15.20.100
Definitions 15.20.020
SALE OF SURPLUS SUPPLIES, EQUIPMENT Enforcement authority designated 15.20.170
See EQUIPMENT, SURPLUS, SALE Failing system,correction responsibilities 15.20.130
Installation, construction, alteration inspections
SALES AND USE TAX 15.20.110
Administration, state contract 3.08.050 state contractor's license required 15.20.090
Collection, enjoining prohibited 3.08.160 Liability disclaimer 15.20.160
Exemptions, exclusions 3.08.120 New construction, permit required 15.20.060
Operative date 3.08.030 Nuisance declarations 15.20.120
Purpose 3.08.040 Permit required
Rate 3.08.020 alterations 15.20.070
Sales new construction 15.20.060
place, consummation 3.08.070 septic tanks 15.20.080
tax, imposed 3.08.060 Private system requirements 15.20.040
Short title 3.08.010 Purpose of provisions 15.20.010
State code Sanitary sewer, public, required, exceptions
additional permits not required 3.08.110 15.20.030
amendments, chapter applicability 3.08.150 Septic tank requirements 15.20.080
limitations 3.08.100 Soil tests 15.20.050
provisions adopted 3.08.090 State contractor's license required when 15.20.090
Use tax, imposed 3.08.080 Violations
Violation, penalty 3.08.170 designated 15.20.180
recording notice 15.20.150
SALESPERSON
Business license SHEEP
See also BUSINESS LICENSE See ANIMAL
fee 5.04.290
SHERIFF
SAN JOSE WATERWORKS Bingo
See FRANCHISE inspection 5.32.180
permit applicant investigation 5.32.210
SEASONAL LOT Private patrol
Business license identification card issuance 5.24.130
See also BUSINESS LICENSE permit application approval 5.24.040
fee 5.04.330 uniform, equipment approval, inspection
5.24.120
SECONDHAND DEALER
Applicability of provisions 5.40.010 SHOPPING CENTER
Definitions 5.40.020 See also TRESPASSING
Inspection authority 5.40.030 Free speech activity restrictions 10.56.040
SEISMIC SAFETY SIDEWALK
See TOXIC GASES See STREETS AND SIDEWALKS
SEWER SIGN
See also SUBDIVISION abandoned or discontinued signs 19.104.320
See also WATER appeals 19.104.070
2012 S-32
Cupertino-Index 26
applicability of regulations 19.104.020 promotional devices 19.104.270
beverage container recycling signs 19.104.180 real estate signs 19.104.260
changeable copy signs 19.104.180 special event banners 19.104.270
construction and maintenance specifications subdivision signs 19.104.250
19.104.090 window signs 19.104.280
decorative statuary 19.104.180 violation deemed infraction 19.104.380
electronic readerboard signs 19.104.180
enforcement of provisions 19.104.300 SKATEBOARDS
exception; findings 19.104.290 Defined 11.08.015
freeway orientation 19.104.200 Prohibited where 11.08.270
gasoline station signs 19.104.170 Violations, penalties 11.08.280
ground signs 19.104.160
illegal signs SMALL-INCOME BUSINESS
authority to remove in public right-of-way Business license
19.104.340 See also BUSINESS LICENSE
court action authorized 19.104.370 fee 5.04.450
deemed public nuisance 19.104.370
notice required 19.104.330 SMOKING IN RECREATIONAL AREAS
summary removal authorized when Definitions 10.90.010
19.104.330 Other requirements and prohibitions 10.90.030
illumination restrictions 19.104.230 Smoking prohibited 10.90.020
inspection requirements 19.104.060 Violation-penalty 10.90.040
landmark signs 19.104.210
neon signs, exposed&visible 19.104.180 SODA FOUNTAIN
nonconforming signs 19.104.310 See RESTAURANT
obstructions prohibited 19.104.080
owner responsible for removal, alteration SOILS REPORT
or relocation costs 19.104.360 See BUILDING
penalty 19.104.380 SUBDIVISION
permanent
blade signs&logos, symbols or insignias SOLICITOR
19.104.150 See also STREETS, SIDEWALKS
design criteria 19.104.220 Administrative authority 5.20.100
wall signs 19.104.140 Business license
window signs 19.104.150 See also BUSINESS LICENSE
permit required 19.104.030 fee 5.04.290
prohibited signs 19.104.110 Definitions 5.20.010
purpose and intent 19.104.010 Exemptions from provisions 5.20.015
sign program; applicability, requirements Hours of operation 5.20.090
and findings 19.104.130 Identification permit
sign permit application; review criteria denial, appeal 5.20.050
19.104.050 display on demand 5.20.120
application requirements 19.104.040 issuance 5.20.040
signs exempt from permit requirements 19.104.100 nontransferable 5.20.110
signs in and near residential districts 19.104.190 revocation
signs in special planning districts 19.104.120 appeals 5.20.070
storage of removed signs 19.104.350 grounds 5.20.060
temporary Posting of premises 5.20.140
flags 19.104.250 Vehicle requirements 5.20.080
garage sales 19.104.250 Violation, penalty 5.20.130
location 19.104.240
political signs 19.104.250 SPECIFIC PLAN
portable signs and displays 19.104.270 See LAND DEVELOPMENT PLANNING
project announcement signs 19.104.260
2012 S-32
27 Index
SPORTING EVENT STORMWATER POLLUTION PREVENTION AND
Regulations, permit WATERSHED PROTECTION
See PARADES AND ATHLETIC EVENTS Administration 9.18.015
Administrative penalties, payment of funds
STORM DRAINAGE SERVICE CHARGE to account 9.18.260
Adjustments, conditions 3.36.160 Civil penalty
Amount for illicit discharges, payment of funds
See Imposed, determination, applicability to account 9.18.240
Applicability for violation, payment of funds
See Exemptions to account 9.18.230
Imposed, determination, applicability Definitions 9.18.020
Collection Discharge
See also Disputed charges accidental
Payment notification of discharge 9.18.070
balance, procedure 3.36.090 protection from 9.18.060
omitted charges 3.36.100 limitations on point of discharge 9.18.030
procedure, regulations generally permitted pursuant to NPDES permits 9.18.080
3.36.080 storm drain, prohibited 9.18.040
Definitions 3.36.020 Inspections
Delinquent inspection and maintenance easement 9.18.200
See Payment inspection and verification
Disputed charges responsibility 9.18.170
See also Adjustments, conditions inspections by City 9.18.195
procedure 3.36.150 Penalties
Effective date 3.36.070 administrative 9.18.260
Exemptions 3.36.040 civil 9.18.230, 9.18.240
Fund Purpose of chapter 9.18.010
See STORM DRAINAGE SERVICE CHARGE Severability 9.18.270
FUND Stormwater pollutant source controls
Imposed, determination, applicability 3.36.030 and BMPs 9.18.210
Payment Stormwater pollution prevention plan 9.18.090
See also Collection agreement to maintain stormwater treatment
Disputed charges systems and best management
delinquency practices 9.18.160
See also due date design standards for 9.18.110
enforcement 3.36.200 failure to maintain 9.18.190
penalty 3.36.140 low impact development requirements 9.18.130
due date 3.36.130 permanent measures required for
location 3.36.120 development and redevelopment
owner responsibility 3.36.110 projects 9.18.100
Premises inspection, scope, authority 3.36.190 records of maintenance and inspection
Purpose, limitations of provisions 3.36.010 activities 9.18.180
Refunds, conditions 3.36.180 stormwater management plan required for
Revenues, use, limitations 3.36.170 regulated projects 9.18.120
Review stormwater treatment measure operation
measurement, analysis methods report and maintenance responsibility 9.18.150
3.36.060 trash load reductions 9.18.115
procedure generally 3.36.050 Violation 9.18.220
Use notice of 9.18.250
See Revenues, use, limitations
STREET IMPROVEMENT
STORM DRAINAGE SERVICE CHARGE FUND Agreement
Created, purpose, use 3.36.170 deferred
See Deferred agreement
2012 S-32
Cupertino-Index 28
installation Requirements generally 14.04.040
See Installation agreement Rules, regulations 14.04.120
reimbursement Standard specifications 14.04.200
See Reimbursement agreement Street, highway width 14.04.210
Appeals 14.04.240 Violation
Applicability of provisions 14.04.020 nuisance 14.04.260
Chapter conformance required 14.04.250 penalty 14.04.280
Credit utility connection denial 14.04.270
prior improvements 14.04.150
purpose 14.04.100 STREETS AND SIDEWALKS
Dedication See also SUBDIVISION
determination by class 14.04.140 Cleated vehicle operation, prohibitions 14.08.080
requirements 14.04.130 Depositing dirt, rocks prohibited 14.08.070
time, purpose 14.04.050 Encroachment
Deferred agreement permit
See also In-lieu payment, deferred agreement applications, deposit 14.08.040
generally issuance 14.08.050
purpose 14.04.080 required 14.08.030
Exceptions 14.04.230 Obstruction
Fees 14.04.190 applicability 14.08.090
In-lieu payment definitions 14.08.010
See also In-lieu payment, deferred agreement overhead, prohibited 14.08.020
See also violation, penalty 14.08.100
generally Soliciting on
purpose 14.04.070 definitions 10.80.010
schedule 14.04.180 no vehicle solicitation zone 10.80.030
In-lieu payment, deferred agreement generally prohibited 10.80.020
14.04.060 violation, penalty 10.80.040
Installation agreement, bond, other securities Street improvements
14.04.170 See STREET IMPROVEMENT
Interim 14.04.090 Trees
Legal description required 14.04.220 See TREES
Permit, preceding Underground installations, specifications,
conditions 14.04.160 supervision 14.08.050
purpose 14.04.110 Underground utilities
Preceding permit See UNDERGROUND UTILITIES
See Permit, preceding
Purpose, intent 14.04.030 SUBDIVISION
Reimbursement agreement Access
funds disposition 14.04.176 direct access
required 14.04.175 See Street
Reimbursement charges requirements 18.32.120
applicability 18.56.010 Alley dedication
charges additional 18.56.070 See Street
cost of land, interest 18.56.040 Amendment
funds, disposition 18.56.050 See Map
land acquisition, cost, interest 18.56.060 Applicability of provisions 18.04.040
purpose of provisions 18.56.010 Attorney responsibilities 18.08.020
reimbursement agreement 18.56.020 Certificate of correction
See also Reimbursement agreement See Map
required 18.56.030 Citation 18.04.010
rules, regulations, establishment authority Community development department
18.56.080 responsibilities 18.08.050
Remedies cumulative 14.04.290 Compliance
certificate of compliance issuance 18.48.030
2012 S-31
35 Index
exception Tax
administrative 14.24.060 See also Specific Subject
generally 14.24.040 administrator defined 3.34.020
use permit 14.24.070 Validity of proceedings, tax
zones 14.24.050 actions, proceeding limitation 3.34.220
intent 14.24.010 generally 3.34.210
required 14.24.030
transition clause 14.24.080 --V--
UNIFORM CODE FOR THE ABATEMENT OF VEHICLE
DANGEROUS BUILDINGS CODE See also PARKING
Adoption by reference 16.70.010 See also TRAFFIC
Abandoned
URINATION, DEFECATION abatement
Definitions 10.30.010 authority 11.04.050
Prohibited where 10.30.020 compliance time limit 11.04.091
Violation, penalty 10.30.030 cost recovery, generally 11.04.092
cost recovery,repeat violation 11.04.150
UTILITIES notice 11.04.060
See FRANCHISE definitions 11.04.011
See SEWER disposition
See UNDERGROUND UTILITIES final 11.04.140
See WATER notice 11.04.110
procedure 11.04.120
UTILITY USERS EXCISE TAX enforcement of provisions 11.04.040
Administration, scope, authority 3.34.100 hearing
Benefit declaration 3.34.150 procedure 11.04.090
Collection when 11.04.070
debt to city, actions permitted 3.34.150 nuisance 11.04.031
due date, delinquency, penalties 3.34.070 prohibitions
procedure generally 3.34.090 designated 11.04.019
Conflicting provisions, resolution 3.34.190 exceptions 11.04.020
Construance of provisions 3.34.200 purpose of provisions 11.04.010
Definitions, 3.34.010 reconstruction 11.04.130
Duration, term 3.34.160 Animal transport in
Exemptions See ANIMAL
designated 3.34.020 Bicycle
partial, criteria 3.34.060 See BICYCLE
Grammatical interpretation of provisions 3.34.140 Off-street
Imposed, rate, applicability See OFF-STREET VEHICLES
See also Exemptions Overweight, special permit
electricity users tax 3.34.040 appeals 11.37.070
gas users tax 3.34.050 applicability 11.37.020
telephone users tax 3.34.030 application
Payment contents 11.37.030
See also Collection fee 11.37.040
failure, assessment when, effect 3.34.110 issuance 11.37.050
Powers deemed additional 3.34.180 limitations, restrictions, imposition 11.37.060
Proceeds, revenue measure, disposition 3.34.170 purpose of provisions 11.37.010
Purpose of provisions 3.34.005 Peddler, restrictions 5.20.120
Recordkeeping requirements 3.34.120 Taxicab
Refund, criteria, procedure 3.34.130 See TAXICAB
2008 5-15
Cupertino-Index 36
VENDING MACHINE WATERCOURSE POLLUTION PREVENTION (See
Business license STORMWATER POLLUTION PREVENTION
See also BUSINESS LICENSE AND WATERSHED PROTECTION)
fee 5.04.360
VENDORS, MOBILE
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
--W--
WASTE
See GARBAGE
See WATERCOURSE POLLUTION
See PREVENTION
WATER
See also FRANCHISE
See also SEWER
See also WATERCOURSE POLLUTION
See also PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
Resource protection
definitions 9.19.020
purpose 9.19.010
streamside modification permit 9.19.030
guidelines and standards 9.19.040
time limit for commencing use of
9.19.050
2012 S-32