2012 S-33 CUPERTINO, CALIFORNIA
Instruction Sheet
2012 S-33 Supplement
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Title Page Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
23 through 26 23, 24
TITLE 6: FRANCHISES
11 through 16B 11 through 16B
TITLE 9: HEALTH AND SANITATION
5 through 12B 5 through 12B
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
23 through 26 23 through 26B
TITLE 19: ZONING
5, 6 5 through 6B
20A through 20D
37, 38 37, 38
41, 42 41, 42
63, 64 63, 64
109 through 114 109 through 114
139, 140 139, 140
153, 154 153, 154
157 through 162 157 through 162
182A through 182D
193, 194 193, 194
207 through 210 207 through 210
223 through 226 223 through 226
245, 246 245, 246
Comprehensive. Ordinance List
41, 42 41, 42
CUPERTINO, CALIFORNIA: INSTRUCTION SHEET 2
REMOVE OLD PAGES INSERT NEW PAGES
Index
13, 14 13, 14
17, 18 17, 18
21, 22 21, 22
24A through 26 24A through 26
33, 34 33, 34
37 through 40 37 through 40B
ko
April, 2012
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2012 S-33 Supplement contains:
Local legislation current through Ordinance 2095, passed 5-15-12
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
2.28.010
CHAPTER 2.28: CITY MANAGER*
Section
2.28.010 Office created. 2.28.040 Powers and Duties.
2.28.020 Residence requirement. The City Manager shall be the administrative head of
2.28.030 Eligibility-Bond. the City government acting under the direction and control
2.28.040 Powers and duties. of the City Council except as otherwise provided in this
2.28.050 Council-Manager relations. chapter. In addition to his or her general powers as Chief
2.28.060 Attendance at commission meetings. Administrator, and not as a limitation thereon, he or she
2.28.070 Temporary absence. shall have the powers and duties set forth in the following
2.28.080 Compensation-Reimbursement. subsections:
2.28.090 Suspension-Removal-Resignation. A. To see that all laws and ordinances of the City are
duly enforced and that all franchises, permits, licenses and
* For statutory provisions regarding the city privileges granted by the City are faithfully performed and
manager form of government, see Gov. Code observed;
§§ 34851--34859. B. To control, order and give directions to all
directors of departments and to subordinate officers and
employees of the City under his or her jurisdiction through
2.28.010 Office Created. their department directors, and to transfer employees from
The office of City Manager is created and established. one department to another;
The City Manager shall be appointed by the City Council on C. The services and facilities of the City Treasurer
the basis of his or her experience, administrative and and the City Attorney shall be made available to the City
executive ability. He or she shall hold office at and during Manager to the same extent and in the same manner that the
the pleasure of the City Council. (Ord. 1697, (part), 1995; services are available to the City Council;
Ord. 106, § 1, 1959) D. To appoint, discipline and dismiss any and all
officers and employees of the City except those elected by
2.28.020 Residence Requirement. the electors of the City or whose appointment or dismissal
Residence in the City at the time of appointment shall is denied to the City Manager under the laws of the state;
not be required as a condition of appointment, but within provided, however, that he or she shall not have the power
one hundred eighty days thereafter the City Manager must to remove or dismiss a department director until such person
become a resident of the City, unless qualifiedly impossible has been notified in writing by the City Manager of his or
or the City Council declares the office of the City Manager her intention to remove him at least fifteen days before the
to be vacant. (Ord. 106, §2, 1959) effective date of his removal. Within ten days after
receiving such notice, a department director may request a
2.28.030 Eligibility-Bond. closed hearing before the City Council, at which hearing he
A. No person elected or appointed as a councilman shall have an opportunity to answer the reasons given for his
of the City shall, subsequent to taking office as councilman, removal. "Department director," as used in this paragraph,
be eligible for appointment as City Manager until one year includes the Director of Administrative Services, the
has elapsed after the Council member has ceased to be a Director of Community Development,the Director of Public
member of the City Council. Works,the Director of Parks and Recreation,the City Clerk
B. The City Manager shall furnish a corporate surety and such other department directors as may be established in
bond to the City conditioned upon the faithful performance the future by the City Council. At the hearing, the City
of his or her duties in the penal sum to be fixed by the City Council can overrule the action of the City Manager only by
Council. The premium for the bond shall be paid by the the affirmative vote of four members.
City. (Ord. 1697, (part), 1995; Ord. 106, § 3, 1959) The power to appoint given in the preceding paragraph
does not include the power to create a new position except
as provided under Chapter 2.52;
23
2.28.040 Cupertino-Administration and Personnel 24
E. To attend all meetings of the City Council unless the City Council,upon his own volition or upon direction of
excused therefrom by the City Council; the City Council. At any such meetings at which the City
F. To recommend to the City Council for adoption Manager attends, he or she shall inform the members as to
such measures and ordinances as he or she deems necessary the status of any matter being considered by the City
or expedient; Council. He or she shall cooperate fully with the members
G. To keep the City Council at all times fully advised of all commissions, board or committees appointed by the
as to the financial conditions and needs of the City; City Council. (Ord. 1697, (part), 1995; Ord. 106, § 6,
H. To prepare and submit to the City Council the 1959)
annual budget and to administer it after adoption;
I. To purchase or cause to be purchased all supplies 2.28.070 Temporary Absence.
for all of the departments or divisions of the City. No In the event of the temporary absence or disability of
expenditures shall be submitted or recommended to the City the City Manager, the City Council may designate some
Council except on report and approval of the City Manager; duly qualified person to perform the duties of City Manager
J. To make investigation into the affairs of the City during the period of his or her absence or disability. (Ord.
and any department or division thereof and any contract or 1697, (part), 1995; Ord. 106, § 7, 1959)
the proper performance of any obligation running to the
City; 2.28.080 Compensation-Reimbursement.
K. To investigate all complaints in relation to matters A. The compensation of the City Manager, as well
consuming the administration of the government of the City as provisions for his vacation time shall be determined by
and in regard to the services maintained by public utilities in resolution of the City Council.
the City and to see that all franchises,permits and privileges B. The City Manager shall be reimbursed for all
granted by the City are faithfully observed; legitimate expenses paid by him in the conduct of City
L. To execute general supervision over all public business, including traveling expenses outside the City
buildings, public parks, streets and other public property limits. (Ord. 106, § 8, 1959)
which are under the control and jurisdiction of the City
Council; 2.28.090 Suspension-Removal-Resignation.
M. To devote his or her entire working time,thought A. The removal of the City Manager shall be only
and energy to the duties and interests of the City; upon a majority vote of the City Council.
N. To receive and open all official mail and B. The City Manager may resign from his or her
communications addressed either to the Mayor or to the City position upon at least four weeks' notice in writing given to
Council; the City Council. (Ord. 2093, 2012; Ord. 1697, (part),
O. To make reports and initiate recommendations as 1995; Ord. 106, § 9, 1959)
may be desirable or as requested by the City Council;
P. To perform such other duties and exercise such
other powers as may be delegated to him or her from time
to time by ordinance, resolution or other action of the City
Council. (Ord. 1697, (part), 1995; Ord. 705, § 1, 1975;
Ord. 106, §4, 1959)
2.28.050 Council-Manager Relations.
The City Council and its members shall deal with the
administrative services of the City only through the City
Manager, except for the purpose of inquiry, and neither the
City Council nor any member thereof shall give orders to
any subordinates of the City Manager. The City Manager
shall take his or her instructions from the City Council only
when given at a duly held meeting of the City Council, and
no individual councilperson shall give any instructions to the [Chapter 2.30 begins on Page 27]
City Manager. (Ord. 1697, (part), 1995; Ord. 106, § 5,
1959)
2.28.060 Attendance at Commission Meetings.
The City Manager may attend any and all meetings of
any commission or board heretofore or hereafter created by
2012 S-33
6.24.010
CHAPTER 6.24: GARBAGE AND RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010 Purpose of chapter. 6.24.010 Purpose of Chapter.
6.24.020 Definitions. This chapter is determined and declared to be a health,
6.24.030 Mandatory garbage collection service; sanitary and safety measure necessary for the promotion,
owner responsibility. protection and preservation of the health,safety and general
6.24.035 Mandatory recycling for multi-family welfare of the people of the City of Cupertino. (Ord. 2069,
dwelling residential developments and § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
commercial business structures.
6.24.040 Commencement of garbage collection 6.24.020 Definitions.
service. For the purposes of this chapter, the following words
6.24.050 Frequency of disposal. and phrases shall have the meanings ascribed to them by this
6.24.060 Method of garbage, compostable materials section, unless the context or the provision clearly requires
and recyclables disposal. otherwise:
6.24.070 Garbage compostable materials and 1. "City" means and includes all the territory lying
recyclables containers. within the municipal boundaries of the City of Cupertino as
6.24.080 Inappropriate containers. presently existing, plus all territory which may be added
6.24.090 Burning restrictions. thereto during the effective term of the ordinance codified
6.24.100 Disposal of explosive or hazardous herein.
material restrictions. 2. "Collection station" means the location at which
6.24.110 Unauthorized disposal prohibited. containers of garbage, recyclables and compostable
6.24.120 Franchise granting authority. materials are placed for collection by the authorized garbage
6.24.150 Charges for garbage collection service. collector.
6.24.160 Failure to pay for garbage collection 3. "Compostable materials" means organic
service. materials, including but not limited to, material generated
6.24.170 Notification of delinquency. from tree trimming, shrubbery pruning, vegetative garden
6.24.180 Assignment of delinquent account. wastes, dead plants, weeds, leaves, grass clippings, food
6.24.190 Lien initiation. and non-food vegetative matter,soiled paper,and cardboard
6.24.200 Notice of hearings on liens. and waxed cardboard that decompose biologically.
6.24.210 Administrative hearing on liens. 4. "Construction and demolition debris" or "C&D
6.24.220 Public hearing on liens. debris" means materials resulting from the construction,
6.24.230 Recording of lien. remodeling,or demolition of buildings and other structures.
6.24.240 Collection of delinquent charges as a "Construction and demolition debris" includes, but is not
special assessment. limited to, concrete, asphalt, rock and dirt related to
6.24.250 Report of delinquent charges for special construction, remodeling, repair, or demolition operations
assessment. and is subject to the provisions of Chapter 16.72.
6.24.260 Levy of special assessments. 5. "Debris box service" means collection service in
6.24.270 Collection of special assessment. containers without compaction that have a capacity of eight
6.24.280 Continuing appropriation account. (8)cubic yards or more. Debris boxes may be used for the
6.24.290 Recycle centers. collection of recyclable and compostable materials, or
6.24.300 Unauthorized garbage collection. garbage,and may be used for construction and/or demolition
6.24.305 Containers stored in trash enclosures. debris that may or may not be intended for full or partial
6.24.310 Interfering with garbage collection recycling or other waste diversion.
service. 6. "Delinquent" means a failure of the recipient of
6.24.320 Unauthorized use of garbage collection garbage collection service, or of the property owner, to pay
service. when due all charges owed to the garbage collector for
6.24.325 Rules and regulations adopted. garbage collection service rendered or to be rendered.
6.24.330 Violation-Misdemeanor.
2012 S-33 11
6.24.020 Cupertino-Franchises 12
7. "Director" means the Director of Public Works dwelling units or more, irrespective of whether the
and his/her duly authorized agents and representatives. residency is transient, temporary or permanent.
8. "Dwelling" means a residence, flat, duplex, 16. "Nonresidential premises" means all premises
apartment, townhouse, condominium or other facility used except residential premises, including but not restricted to
for housing one or more persons. premises used for industrial,commercial,administrative and
9. "Equipment" means a debris box or debris bin professional offices, public and quasi-public buildings,
and vehicles used to transport debris boxes or bins. utility and transportation.
10. "Finance Director" means the Finance Director 17. "Occupancy"; "occupied": Premises are
and his/her duly authorized agents and representatives. "occupied" when a person or persons take or hold
11. "Garbage" means all materials, substances or possession of the premises for permanent or temporary use.
objects that are discarded, including but not restricted to, For the purposes of determining whether a premises is
materials, substances or objects commonly referred to as occupied during periods when garbage collection service is
"trash," "garbage," "refuse" and "rubbish" that are made available to such premises, occupancy shall be
produced, generated or accumulated by all residential, presumed unless evidence is presented that gas, electric,
commercial,industrial,institutional,municipal,agricultural telephone and water utility services were not being provided
and other inhabitants, premises and activities within the to the premises during such periods.
City, the collection of which is regulated through the 18. "Owner"means the holder or holders of legal title
franchise agreement existing between the City and the to the real property constituting the premises to which
authorized garbage collector; provided, however, that garbage collection service is provided.
"garbage" does not include (a) hazardous materials, (b) 19. "Person" includes any person, firm, association,
recyclable materials, (c) compostable materials, (d) organization, partnership, business trust, joint venture,
construction and demolition debris,(e)biomedical waste,(f) corporation,or company,and includes the United States,the
ash, and (g) sewage and other highly diluted water-carried State of California, the County of Santa Clara, special
materials or substances and those in gaseous form. purpose districts, and any officer or agency thereof.
12. "Garbage collector" means any person or entity 20. "Premises"means any land,building or structure,
authorized by the franchise agreement between the or portion thereof, within the City where any garbage is
Franchisee and the City, in accordance with Section produced, kept, deposited, placed or accumulated.
6.24.120 of this chapter, to collect, receive, carry, 21. "Recyclables" or "recyclable material" mean
transport, and dispose of any garbage produced, kept or those materials that can be returned to economic use as raw
accumulated within the City. materials for new, reused or reconstituted products, which
13. "Garbage collection service" means the prior to collection are separated by the generator from other
collection, transportation and disposal of garbage, material treated as garbage. Examples of Recyclables
compostable materials and recyclables by an authorized include, but are not limited to: newspaper,cans,corrugated
garbage collector. cardboard, glass, certain types of plastic, metals, wood,
14. "Hazardous materials"means any or combination automobile oil,and compostable items such as food and yard
of materials which because of its quantity,concentration,or waste. "Mixed recyclables" means more than one type of
physical, chemical or infectious characteristics may either: recyclable material commingled in a bin, debris box,
(a) cause or significantly contribute to an increase in compactor or other type of container. This material
mortality or an increase in serious irreversible, or includes, but is not limited to wood, paper, plastic, metals,
incapacitating reversible illness; or (b) pose a substantial glass, and other dry waste. The material must not have
present or potential hazard to human health or the more than 10% putrescible or non-recyclable waste.
environment when improperly treated,stored,transported or 22. "Residential premises" means any single-unit
disposed of or otherwise managed. Hazardous materials dwelling or multiple-unit dwelling.
includes, but is not limited to, hazardous wastes as defined 23. "Single-stream recycling" means a recycling
under California or United States law or any regulations program in which generators place multiple types of
promulgated pursuant to such laws, and all toxic, recoverable materials in a single container that is designated
radioactive,biologically infectious, explosive or flammable specifically for recyclables and is taken to a material
waste materials, including any material defined in Section recovery facility for processing.
9.12.020 of the Cupertino City Code for which a hazardous 24. "Single-unit dwelling" means one or more rooms
materials storage permit is required. and a single kitchen, designed for occupancy by one family
15. "Multi-unit dwelling"or"multi-family dwelling" for residential purposes. Each dwelling unit within a
means any premises, excluding a hotel, motel, or lodging condominium project, duplex, townhouse project or
house, used for residential purposes containing five (5) apartment, and each second unit located within a
2012 S-33
13 Garbage--Los Altos Garbage Company 6.24.020
single-family residential zoning district, shall constitute a 6.24.035 Mandatory Recycling for Multi-family
separate single-unit dwelling to which garbage collection Dwelling Residential Developments and
service is provided, unless the owner or occupants thereof Commercial Business Structures.
arrange for garbage collection service to be provided to all A. All new construction and remodeling of existing
dwelling units upon the premises at commercial rates. multi-family dwelling residential and commercial business
25. "Source Separated Recyclables" means any structures is required to be designed to adequately store
recyclables that, prior to collection, are or have been containers for recyclables, compostables and garbage.
separated or segregated by their generator as to type or B. All responsible parties of multi-family dwelling
category of source material and are or have been placed into residential properties are required to subscribe to and
separate containers according to type or category, i.e. all maintain mandatory residential recycling services for each
metal is separated from other recyclables and placed in its individual household in the dwelling. An exception may be
own separate container or separate debris box. granted at the discretion of the City Manager or the City
26. "Tenant"means any person or persons,other than Manager's designated representative if it is determined there
the owner, occupying or in possession of a premises. (Ord. is not sufficient storage space for the containers at the
2094, § 1, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, residential property.
§ 1 (part), 1991) C. All responsible parties of commercial business
properties are required to subscribe to and maintain
6.24.030 Mandatory Garbage Collection Service-Owner mandatory commercial recycling services at commercial
Responsibility. business properties that generate greater than or equal to
A. The owner of each occupied residential or four (4) cubic yards of refuse per week. If the franchised
nonresidential premises shall subscribe to and pay for at hauler transports containers of refuse generated at the
least the minimum level of garbage collection service made commercial business property to a material recovery facility
available to that premises by the garbage collector, as for the purposes of mixed waste processing, thereby
specified in the franchise agreement between the city and the separating recyclables from the mixed waste and recycling
garbage collector executed pursuant to Section 6.24.120 of the recyclables, the commercial business property will be
this chapter. The owner of each occupied residential or deemed to be subscribing to recycling services.
nonresidential premises shall subscribe to and pay for a level D. For multi-family dwelling residential and
of service sufficient to provide for the collection of all commercial business structures the disposal of garbage in
garbage generated on the property. Customers at containers designated for compostable material processing
non-residential properties must subscribe to services on a or for source separated or single-stream recycling is
regular weekly basis sufficient to prevent container or bin prohibited.
overages and,where necessary, to extra services to prevent E. The franchised hauler is prohibited from
overages. providing garbage service to responsible parties of
B. The charges for garbage collection service commercial business properties subject to the mandatory
rendered or made available shall be paid for all periods of recycling requirements without providing a recycling
time during which the premises are occupied, regardless of program that includes the collection of a container no less
whether or not the owner or tenant has any garbage to be than thirty-two(32)gallon capacity,provided by the hauler,
collected on any particular collection date during such at least one time per week. The only exceptions to this
occupancy. Occupancy shall be presumed unless evidence is requirement are the following:
presented that gas, electric, telephone and water utility (1) The franchised hauler provides a mixed waste
services were not being provided to the premises during processing program to the commercial business in which
such periods. Nothing in this section is intended to prevent refuse containers are taken to a material recovery facility for
an arrangement, or the continuance of an arrangement, processing to remove recyclable materials.
under which payments for garbage collection service are (2) The franchised hauler may verify the responsible
made by a tenant or tenants, or any agent or other person, party has been granted an exception to the mandatory
on behalf of the owner. However, any such arrangement commercial recycling program from the City Manager or
will not affect the owner's obligation to pay for garbage the City Manager's designated representative. (Ord. 2094,
collection service as provided herein. § 2, 2012)
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.040 Commencement of Garbage Collection
Service.
The owner or tenant shall commence garbage
collection service within ten days after occupancy of a
2012 S-33
6.24.040 Cupertino-Franchises 14
premises, or portion thereof. In the event service is not premises; provided, however, that the collection may be
initiated within such period of time, the Director may give made at such other location upon approval by the Director,
written notice to the owner or tenant that garbage collection based on the services subscribed for by the resident.
service is required. If service is not initiated by the owner D. Garbage containers, compostable materials
or tenant within ten days after the date of mailing the notice, containers and recycling containers shall be placed at the
the Director shall authorize the garbage collector to begin authorized collection station not more than twenty-four
and continue providing the minimum level of garbage hours before the scheduled collection time, unless the
collection service to such premises and the service shall be resident subscribes for'Walk-Up'services. Such containers
deemed to have been made available as of the date of such shall be removed from the collection station within
authorization.(Ord. 2069, § 1 (part), 2010, Ord. 1572, § 1 twenty-four hours after collection. Containers provided by
(part), 1991) the garbage collector shall not be moved or removed by any
person other than the garbage collector.
6.24.050 Frequency of Disposal. E. All bins,boxes, and containers of one cubic yard
No more than one week's accumulation of garbage or more shall be identified with the name and telephone
shall be kept or permitted to remain upon any premises in number of the collector servicing the bins, boxes and
the City. At least once a week, all garbage produced, kept, containers. (Ord. 2069, § 1 (part), 2010; Ord. 1626, (part),
deposited,placed or accumulated within any premises in the 1993; 1572, § 1 (part), 1991)
City shall be disposed of in accordance with the provisions
of this chapter. Dry recyclables and compostable materials 6.24.080 Inappropriate Containers.
may be accumulated for up to one month (if necessary to It is the duty of the authorized garbage collector,unless
reasonably fill the collection container), so long as they are otherwise allowed under the current franchise agreement,to
not stored within view of the public right of way and are provide the bins,boxes and containers. The use of garbage,
kept in appropriate containers. (Ord. 2069, § 1 (part),2010; compostable materials and recycling containers which do not
Ord. 1572, § 1 (part), 1991) meet the standards set forth in Section 6.24.070 of this
chapter shall be subject to regulations prescribed by the
6.24.060 Method of Garbage, Compostable Materials Director,including appropriate additional charges to be paid
and Recyclables Disposal. the garbage collector for the collecting and transporting of
All garbage, compostable materials and recyclables the inappropriate containers or waste contained therein.
shall be disposed of by delivery of each container to an (Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; Ord.
authorized collection station, located as to be readily 1572, § 1 (part), 1991)
accessible for the removal and emptying of its contents by
the garbage collector. Recyclables and compostable 6.24.090 Burning Restrictions.
materials may be dealt with as set forth in Section 6.24.300. It is unlawful for any person to bum, or cause to be
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) burned, any garbage within the City or to burn, or cause to
be burned, any waste upon public streets, ways or alleys.
6.24.070 Garbage, Compostable Materials and Dry waste may be burned by owners or producers thereof on
Recyclables Containers. privately owned property only when the hours and
A. All garbage, compostable materials and conditions of such burning have been approved in advance
recyclables containers shall be kept in a sanitary condition by the Fire Marshal. (Ord. 2069, § 1 (part), 2010; Ord.
with the lid closed or cap secured,except when being loaded 1572, § 1 (part), 1991)
or unloaded.
B. Garbage, compostable materials and recyclables 6.24.100 Disposal of Explosive or Hazardous Material
containers for residential premises shall be provided by the Restrictions.
garbage collector and be sized based on the level of No person shall deposit in any garbage compostable
subscription for services requested by the resident. materials or recycling container any explosive, highly
Containers shall not be loaded with more materials than will inflammable or otherwise hazardous material or
fit in the container with the lid closed or cap secured, or in substance.(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
excess of the weight limit marked on the container. Garbage (part), 1991)
containers for commercial premises shall be provided by or
approved by the garbage collector. 6.24.110 Unauthorized Disposal Prohibited.
C. Garbage, compostable materials containers and A. It is unlawful for any person or entity in the City
recycling containers shall be collected by the garbage to throw, deposit or store refuse, garbage or waste, or to
collector when the containers are placed outside of the cause the same to be thrown, deposited or stored, upon any
2012 S-33
15 Garbage--Los Altos Garbage Company 6.24.110
street, alley, gutter, park, or other public place. 6.24.170 Notification of Delinquency.
Furthermore, no property owner and/or occupant with If a bill for garbage collection service remains
control over any premises shall keep or maintain any delinquent for thirty days, the garbage collector shall be
garbage, recyclables, compostable materials, or any waste entitled to collect a late charge in such amount as approved
effluent such as grease or oil on any premises within the by the City Council. The garbage collector may, at any
City other than in containers as required by Section 6.24.070 time after such thirty-day period, send or deliver notice of
and / or any other provisions of this chapter. Waste water delinquency to the owner indicating the amount owed for
must go to the sanitary sewer; if it contains oil or grease a garbage collection service, the amount of late charge
grease trap may be required. thereon, and advising the owner that failure to pay the same
B. Nothing contained in Section 6.24.070, Section will result in the placement of a lien upon the premises. The
6.24.080 or this Section 6.24.110 shall prevent a property form of delinquency notice shall be approved by the Finance
owner and/or occupant with control over any premises from Director. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
keeping or maintaining compostable materials in a home (part), 1991)
composting bin designed and intended for home composting.
Home composting materials and containers shall not be 6.24.180 Assignment of Delinquent Account.
stored in public view. (Ord. 2069, § 1 (part), 2010; Ord. In the event the bill for garbage collection service,
1572, § 1 (part), 1991) together with any late charge thereon, is not paid within
thirty days after the date of mailing the notice of
6.24.120 Franchise Granting Authority. delinquency to the owner, the garbage collector may assign
The City Council may award an exclusive franchise to such bill to the City for collection through the initiation of
any person or entity the Council believes is qualified to lien and special assessment proceedings in accordance with
perform garbage collection service. Such franchise this chapter. The assignment shall include the name and
agreement shall require the garbage collector to render address of the owner, the assessor's parcel number of the
service to all residential and commercial premises within the premises, the period of garbage collection service covered
City in accordance with the provisions of this chapter and in by the bill,the amount owed for such service,the amount of
conformity with such regulations as may be adopted by the any late charge and such other information as requested by
Director with the approval of the City Council. Additional the Finance Director together with a copy of the notice of
terms of such franchise agreement shall not conflict with any delinquency mailed or otherwise delivered to the owner.
of the provisions of this chapter. (Ord. 2069, § 1 (part), (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
2010; Ord. 1572, § 1 (part), 1991)
6.24.190 Lien Initiation.
6.24.150 Charges for Garbage Collection Service. Upon the City's receipt of the assignment from the
The City Council reserves the right to establish by garbage collector, the Finance Director shall prepare a
resolution a schedule of rates and charges for all levels of report of delinquency and initiate proceedings to create a
garbage collection service to be rendered by the garbage lien on the premises to which the garbage collection service
collector,who shall then have authority to collect such rates was or will be rendered. The Finance Director shall fix a
and charges. The schedule may be changed from time to time, date and place for an administrative hearing by the
time in the manner prescribed by the franchise agreement Finance Director to consider any objections or protests to his
between the City and the garbage collector. (Ord. 2069, § 1 report. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part),
(part), 2010; Ord. 1572, § 1 (part), 1991) 1991)
6.24.160 Failure to Pay for Garbage Collection Service. 6.24.200 Notice of Hearings on Liens.
The garbage collector shall be entitled to payment from The Finance Director shall send written notice of the
either the owner or the recipient of garbage collection administrative hearing to the owner of the premises against
service for any services rendered or to be rendered. Upon which the lien will be imposed at least ten days prior to the
failure to make such payment, the means of collecting hearing date. The notice shall be mailed to each person to
delinquent charges shall be in accordance with the whom such premises is assessed in the latest equalized
procedures set forth in Sections 6.24.170 through 6.24.270 assessment roll available on the date the notice is mailed, at
of this chapter. Garbage collection service shall not be the address shown on said assessment roll or as known to the
discontinued by reason of any failure to pay the charges for Finance Director. A copy of the notice shall also be mailed
such service. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 to the garbage collector. The notice shall set forth the
(part), 1991) amount of delinquent garbage collection service charges,the
2012 S-33
6.24.200 Cupertino - Franchises 16
amount of any late charge thereon, and the possible lien and 6.24.240 Collection of Delinquent Charges as a Special
administrative charges as provided in Section 6.24.230 of Assessment.
this chapter. The notice shall also inform the owner of the The finance director shall initiate proceedings to levy
time, date and place of the administrative hearing and the as a special assessment against the premises described in the
subsequent public hearing to be conducted by the City lien recorded pursuant to Section 6.24.230 of this chapter,
Council, and advise the owner of his right to appear at both the sum of delinquent garbage collection service charges,
the administrative hearing and the public hearing to state his late charges and administrative charges, plus an assessment
objections to the report or the proposed lien. (Ord. 2069, charge as established by resolution of the City Council.
§ 1 (part), 2010; Ord. 1572, § 1 (part), 1991) (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1(part), 1991)
6.24.210 Administrative Hearing on Liens. 6.24.250 Report of Delinquent Charges for Special
At the time and place fixed for the administrative Assessment.
hearing, the Finance Director shall hear and consider any A report of delinquent charges shall be prepared by the
objections or protests to his report. The Finance Director Finance Director and submitted to the City Council for
may correct or modify the report as he deems appropriate, confirmation. The report shall indicate all charges for
based upon the evidence presented at the hearing, and shall which a lien has been recorded pursuant to Section 6.24.230
notify the affected persons of his decision. The Finance of this chapter, which remain unpaid as of the date of the
Director shall thereupon submit a final report to the City report. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part),
Council for confirmation and shall furnish a copy of such 1991)
report to the garbage collector. (Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 1991) 6.24.260 Levy of Special Assessments.
Upon confirmation by the City Council of the Finance
6.24.220 Public Hearing on Liens. Director's report as rendered or modified, the delinquent
The City Council shall conduct a public hearing to charges contained therein shall constitute a special
consider the Finance Director's final report at the time and assessment levied upon the premises against which such
place set forth in Notice described in Section 6.24.200 of charges have been imposed. The Finance Director shall file
this chapter. At such hearing,any interested person shall be a copy of the report, together with a certified copy of the
afforded the opportunity to appear and present evidence as resolution by the City Council confirming the same,with the
to why the report, or any portion thereof, should not be Tax Collector for Santa Clara County with instructions to
confirmed. The City Council may adopt, revise, reduce or enter the delinquent charges as special assessments against
modify any charge shown on the report or overrule any or the respective premises described in the Finance Director's
all objections as it deems appropriate, based upon the report. The Tax Collector shall include such special
evidence presented at the hearing. If the City Council is assessment on the next regular bill for secured property
satisfied with the final report as rendered or modified, the taxes sent to the owner. (Ord. 2069, § 1 (part), 2010; Ord.
Council shall confirm such report by resolution. The 1572, § 1 (part), 1991)
decision by the City Council on the report and any
objections or protests thereto, shall be final and conclusive. 6.24.270 Collection of Special Assessment.
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) The special assessment shall be collected at the same
time together with and in the same manner and frequency
6.24.230 Recording of Lien. and by the same persons as ordinary municipal taxes, and
Upon confirmation by the City Council of the final shall be subject to the same interest and penalties and the
report, the Finance Director shall cause to be recorded in same procedure of sale as provided for delinquent ordinary
the Office of the Recorder for Santa Clara County, a lien municipal taxes. The special assessment shall be
against each premises described in the report for the amount subordinate to all existing special assessment liens
of delinquent garbage collection service charges and late previously imposed upon the premises and paramount to all
charges as confirmed by the City Council. The lien shall other liens except those for state, county and municipal
also include such additional administrative charges as taxes, with which it shall be upon parity. Each special
established by resolution of the City Council. All persons assessment shall continue until all delinquent charges due
to whom notice was sent pursuant to Section 6.24.200 of this and payable thereon are paid in full. All laws applicable to
chapter shall be notified by the Finance Director that the the levy,collection and enforcement of municipal taxes shall
service charges,charges and administrative charges are due be applicable to such special assessment. (Ord. 2069, § 1
and payable to the City and that said lien has been recorded. (part), 2010; Ord. 1572, § 1 (part), 1991)
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
2012 S-33
16A Garbage--Los Altos Garbage Company 6.24.280
6.24.280 Continuing Appropriation Account. C. Removal of construction, remodeling or
There is hereby created in the general fund a demolition debris as part of a total service offered by the
continuing appropriation account entitled "Payment of contractor,where the removal is performed by an employee
Delinquent Charges For Garbage Collection Service." This of the contractor using only equipment owned by the
account shall be credited with such sums as may be contractor.
appropriated by the City Council, all delinquent service D. Removal of green waste or plant trimmings by a
charges,late charges and administrative charges collected by gardening, landscaping, or tree trimming contractor as an
the Finance Director, and all amounts remitted by the Tax incidental part of a total service offered by that contractor.
Collector for Santa Clara County representing special E. Collection of grease wastes from grease bins,
assessments collected pursuant to Section 6.24.270 of this grease traps or grease interceptors.
chapter. The delinquent garbage collection service charges F. Collection of horse manure from residences or
and late charges shall be disbursed from said account to the non-residential properties.
garbage collector promptly upon receipt of such payments. G. Collection of hazardous materials.
The administrative charges and assessment charges shall be H. Collection of non-hazardous material that is
retained by the City. (Ord. 2069, § 1 (part), 2010; Ord. greater than fifty percent(50%)liquid(including septic tank
1572, § 1 (part), 1991) pumping, and other liquid wastes). (Ord. 2094, §3, 2012;
Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.290 Recycle Centers.
The City may operate one or more centers for the 6.24.305 Containers Stored in Trash Enclosures.
collection of recyclable materials or may enter into a Any person owning, controlling or maintaining any
contract with a private party to operate such centers. The premises within the City which is required to have and
City may contract with the same garbage collector awarded maintain trash enclosures as a condition of development or
the franchise for garbage collection service or with any use shall keep all garbage,compostable materials,recycling,
other party for the processing and transportation of the and other waste containers within the confines of the trash
recyclable material collected at a recycle center. The City enclosures at all times except when the containers are being
Council may, from time to time by resolution, designate emptied by the garbage collector. Commercial entities shall
what material shall be deemed recyclable and which may use tallow bins for grease waste. Secondary containment for
therefore be disposed of by delivery to a recycle center. tallow bins and other waste or compostable material
(Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) containers shall be required by the City if the potential exists
for any non-stormwater discharge to the storm drain system
6.24.300 Unauthorized Garbage Collection. or any other waterway that connects to the waters of the
No person shall collect any garbage, mixed State. Failure to properly store discarded materials is
recyclables, or construction and demolition materials from subject to citation. (Ord, 2069, § 1 (part),2010;Ord. 1572,
debris boxes, compactors and bin-by-the-day services, § 1 (part), 1991)
produced, kept or accumulated within the City, unless such
person is an agent or employee of the City acting within the 6.24.310 Interfering with Garbage Collection Service.
course and scope of his employment, or has been awarded No person shall, in any manner, interfere with the
a franchise by the City to act as garbage collector. The City performance of garbage collection services being rendered
shall notify any person or entity violating this section that by an agent or employee of the City acting within the course
the prompt and permanent removal of any collection bin, and scope of his employment, or being rendered by the
box or container from the place or premises is required. authorized garbage collector. (Ord. 2069, § 1 (part),2010;
The City's franchised hauler may take legal action to protect Ord. 1572, § 1 (part), 1991)
the exclusive rights granted to the hauler in the franchise
agreement. The following situations are exempt from this 6.24.320 Unauthorized Use of Garbage Collection
section: Service.
A. The transporting of garbage or recyclables,by the No person shall deposit,place or accumulate,or allow
property owner,that have been generated on the property by the deposit,placement or accumulation upon a premises for
the owner of the property or by an individual or entity pick up by the garbage collector, any garbage produced
leasing or renting the property from the property owner. from another premises where such action results in the
B. Collection of recyclable materials which have avoidance or reduction of any garbage collection service
been source separated from other garbage by the generator charges that would otherwise be payable for collection of
and which the generator sells or donates to any other person such garbage from the premises at which it was produced.
or organization, or any recyclable materials which have a (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
value equal to or more than the cost of collection.
2012 S-33
6.24.325 Cupertino -Franchises 16B
6.24.325 Rules and Regulations Adopted.
A. The Director of Public Works shall adopt such
rules and regulations as may be necessary for the proper
administration and enforcement of this chapter, and any
franchise,contract or license issued or executed thereunder,
including regulations relating to the required frequency of
collection from various types of places and premises, and
the types of special containers required for certain classes of
places and premises.
B. The Director of Public Works shall resolve all
disputes concerning the administration of this chapter and
any franchise, contract, or license issued or executed
thereunder. Any affected person who is dissatisfied with the
determination of the Director of Public Works may, within
ten days after such decision appeal the same to the City
Council. Such appeal must be in writing, filed with the City
Clerk, and must set forth the reasons for such appeal.
C. Disputes concerning the enforcement of this
chapter by an administrative citation issued pursuant to
Chapter 1.10 shall be resolved by means of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continued, during the time
any such appeal is pending. (Ord. 2069, § 1 (part), 2010;
Ord. 1572, § 1 (part), 1991)
6.24.330 Violation—Misdemeanor.
Any person who violates any provision of this chapter
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapters 1.10 and
1.12 of this code. (Ord. 2069, § 1 (part), 2010; Ord. 1572,
§ 1 (part), 1991)
2012 S-33
9.06.010
CHAPTER 9.06: MASSAGE ESTABLISHMENTS AND SERVICES*
Section
9.06.010 Purpose of provisions. 9.06.240 Violation-Public nuisance.
9.06.020 Definitions. 9.06.250 Violation-Penalty.
9.06.030 Exemptions. 9.06.260 Continuing violations-Alternative
9.06.040 Massage establishment license, massage remedies.
therapist permit and managing employee
permit-Required. * Prior ordinance history: Ords. 1606, 1616,
9.06.041 Massage therapist permit or MTO 1643, 1712, 1875, 1917 and 1963.
certificate required
9.06.050 Massage establishment license, massage
therapist permit and managing employee 9.06.010 Purpose of Provisions.
permit-Application. A. It is the purpose and intent of this chapter to
9.06.055 Massage establishment license, massage provide for the orderly regulation of massage therapists and
therapist permit and managing employee massage establishments, as defined in this chapter, in the
permit-Submittal of documentation. interest of public health, safety and welfare, by providing
9.06.060 Massage establishment license, massage certain minimum qualifications for the operators of massage
therapist permit and managing employee establishments and massage therapists. It also is the purpose
permit-Application fee. of this chapter to recognize the voluntary statewide
9.06.065 Massage establishment license, massage certification of massage therapists and massage practitioners
therapist permit and managing employee by the California Massage Therapy Council (CAMTC).
permit-Expiration and renewal. This chapter is adopted based on the following findings:
9.06.070 Massage establishment license, massage 1. That the City has recognized the field of massage
therapist permit and managing employee therapy as a viable professional field;
permit-Grounds for denial. 2. That the City wants to recognize and respect
9.06.080 Massage establishment employees-Permit professional massage therapy organizations and qualified
requirements. professionals that operate consistent with the provisions of
9.06.110 Massage therapist permit-Criteria for Chapter 10.5 (commencing with Section 4600) of Division
issuance. 2 of the California Business and Professions Code;
9.06.120 Massage therapist practical examination. 3. The City also finds that the rules and regulations
9.06.160 Annual medical examination for massage as developed in this chapter strive for equality of all massage
therapist. organizations and therapists, while attempting to prevent
9.06.180 Outcall massage permit-Application. serious objectionable characteristics that massage parlor
9.06.190 Outcall massage permit-Criteria. establishments may have created in the past.
9.06.193 Operating requirements for massage B. It is intended that massage therapy is a profession
establishments. of the healing arts and subject to all zoning ordinances and
9.06.196 Massage establishment sanitary regulations as may be required for professional uses,
conditions-Condition of premises. consistent with and not preempted by the requirements of
9.06.198 Prohibited acts. Chapter 10.5 (commencing with Section 4600) of Division
9.06.200 Suspension or revocation-Grounds. 2 of the California Business and Professions Code.
9.06.210 Suspension or C. It is also intended that massage uses not regulated
revocation-Notice-Hearing. or exempted by this chapter are considered massage parlors,
9.06.220 Appeals. thus regulated by the provisions in Chapter 19.104
9.06.230 Inspection by officials-Premises. regulating adult-oriented commercial activities. (Ord.2095,
(part), 2012; Ord. 2046, (part), 2009)
2012 S-33 5
9.06.020 Cupertino-Health and Sanitation 6
9.06.020 Definitions. therapist," and means any person who has been granted a
For the purpose of this chapter, unless the context permit pursuant to this chapter, or who is certified by the
clearly requires a different meaning, the words are termed California Massage Therapy Council pursuant to subdivision
and phrased as set forth in this section and shall have the (c) of California Business and Professional Code Section
meanings given them in this section: 4601, and who as the principal function administers
A. "CAMTC certificate"means the certificate issued massages, baths or health treatments involving massages or
by the California Massage Therapy Council to massage baths to another person for any compensation whatsoever.
therapists pursuant to subdivision(c)of Section 4601 of the H. "Outcall massage service"means the engaging in
California Business and Professions Code, and to massage or carrying on of massage for consideration at a location
practitioners pursuant to subdivision(b)of Section 4601, or other than a licensed massage establishment.
subdivisions (a) or (c) of Section 4604 of California I. "Permit"means a permit to engage in activities of
Business and Professions Code Section 4604. a massage therapist or massage practitioner or a managing
B. "Corporate massage" means any massage of the employee as required by this chapter.
neck, arms, shoulders and back area above the waist, where J. "Person"means any individual,firm,association,
the client is fully clothed, and that is done without the use of partnership, corporation, joint venture, or combination of
supplementary aids, such as rubbing alcohol, liniments, individuals.
antiseptics, oils, powders, creams, lotions, ointments, or K. "Registered school"shall have the same definition
other similar preparations commonly used in this practice. as set forth in Business & Professions Code 4600.
C. "License" means a license to operate a massage L. "Residential massage" means engaging in or
establishment as required by this chapter. carrying on of massage at a residence where the client either
D. "Massage" means any method of pressure on or owns or rents the residence. (Ord. 2095, (part),2012; Ord.
friction against or stroking, kneading, rubbing, tapping, 2046, (part), 2009)
pounding, vibrating or stimulating the external parts of the
human body with the hands, hot towels or with any 9.06.030 Exemptions.
mechanical or electrical apparatus or other appliances or A. A massage establishment license or massage
devices, with or without such supplementary aides as therapist permit or CAMTC certificate shall not be required
rubbing alcohol, liniment, antiseptic, oil, powder, cream, for the following persons while engaging in the performance
lotion, ointment or other similar preparations; or by baths, of the duties of their respective professions:
not limited to vapor, electric tub, mineral fomentation, or 1. Physicians, surgeons, chiropractors, osteopaths,
any other type of bath. naturopaths or podiatrists who are duly licensed to practice
E. "Massage establishment" means any licensed their respective professions in the State of California,while
establishment having a fixed place of business where any performing activities encompassed by such professional
individual,firm,association,partnership,corporation,joint licenses;
venture, or a combination of individuals engages in, 2. Massage therapists or massage practitioners while
conducts,carries on,or permits to be engaged in,conducted performing massage in the offices of a licensed physician,
or carried on, for consideration, massages or health surgeon, chiropractor, osteopath, naturopath or podiatrist,
treatments involving massage, including but not limited to, and while under the direct supervision and medical
any hot tub/sauna, relaxation or tanning establishment in recommendation of such licensed medical professional;
which massage services are made available to clients. 3. Nurses (registered or licensed vocational),
F. "Massage practitioner" includes "bodywork occupational therapists, or physical therapists who are duly
practitioner"and"massage and bodywork practitioner,"and licensed to practice their professions in the State of
means any person who is certified by the California Massage California,while performing activities encompassed by such
Therapy Council, pursuant to subdivision (b) of Section professional licenses;
4601 of California Business and Professions Code, or 4. Trainers of any amateur, semiprofessional or
subdivisions (a) or (c) of Section 4604 of California professional athlete or athletic team;
Business and Professions Code, and who as the principal 5. Barbers or cosmetologists,who are duly licensed
function administers massages, baths or health treatments under Division 6 of the State of California's Business and
involving massages or baths to another person for any Professions Code,performing a massage within the scope of
compensation whatsoever. the license and for which no separate or increased prices are
G. "Massage therapist" includes "bodyworker," charged;provided such massage is limited to the scalp,face,
"bodywork therapist," and "massage and bodywork neck,arms,hands,lower limbs below the knees,ankles and
feet;
2012 S-33
7 Massage Establishments and Services 9.06.030
6. State-licensed hospitals, nursing homes, 9.06.040 Massage Establishment License, Massage
sanitariums, physiotherapy establishments or other Therapist Permit and Managing Employee
state-licensed physical or mental health facilities and their Permit-Required.
employees; A. It is unlawful for any person to engage in,
7. Acupuncturists who are duly licensed to practice conduct or carry out, in or upon any premises within the
their professions in the State of California,while performing City, the operation of a massage establishment without a
activities encompassed by such professional license. Any massage establishment license obtained from the City
state-licensed acupuncturist who provides massage services Manager. In addition to a City business license, a separate
by any person not licensed as an acupuncturist must obtain establishment license shall be obtained for each separate
a massage establishment license as prescribed by this massage establishment operated by such person. A massage
chapter. establishment license shall be issued to any person who has
8. Registered schools and their students in training, complied with the requirements of this chapter and all other
provided such students provide massage therapy only to applicable provisions of this code,unless grounds for denial
fellow students or volunteers while under the direct of such license exist. The possession of a valid massage
supervision of an instructor; establishment license does not authorize the possessor to
9. Persons who possess a valid CAMTC certificate perform work for which a massage therapist permit or
and who are practicing consistent with the qualifications CAMTC certificate is required. It is unlawful to operate,
established by such certificate; establish or maintain a massage establishment while the
10. Massage businesses or establishments as defined license issued for such business has been suspended,
under paragraph(1)of subdivision(b)of Section 4612 of the revoked, or has expired. No additional applications for
California Business and Professions Code, except that such licenses will be accepted for locations that are in the appeals
businesses and establishments shall not be exempt from this process, until the existing license has expired, has been
chapter to the extent Section 4612 expressly permits the revoked, or has been surrendered by the applicant.
regulation of such businesses or establishments by local B. Notwithstanding any other provision in this
ordinance. Chapter to the contrary, requirements to obtain a massage
B. Massages that are clearly incidental to the establishment license shall not apply to any massage
operation of a personal fitness training center, gymnasium establishment that employs or uses only persons who are
or health club, or that are offered in conjunction with a certified pursuant to Chapter 10.5(commencing with section
hotel, may be permitted through the use permit for those 4600)of Division 2 of the Business and Professions Code to
operations as required in Chapters 19.56 and 19.72 of the provide massage for compensation. Such establishments
Cupertino Municipal Code. A massage establishment must still obtain a business license. (Ord. 2095, (part),
license is not required for the aforementioned businesses. 2012; Ord. 2046, (part), 2009)
The massage therapist or massage practitioner operating in
this category will, however,be required to comply with the 9.06.041 Massage Therapist Permit or MTO Certificate
requirements of this chapter. Required.
C. This chapter shall not apply to individuals It is unlawful for any person to engage in, conduct or
administering massages or health treatment involving a carry out the duties of a massage therapist or massage
massage to persons participating in singular-occurring practitioner unless exempted by Chapter 9.06.030, without
recreational events, provided the following conditions are first obtaining a massage therapist permit or CAMTC
met. certificate. (Ord. 2095, (part), 2012; Ord. 2046, (part),
1. Massage services are made equally available to all 2009)
participants in the event;
2. The event is open to participation by the general 9.06.050 Massage Establishment License, Massage
public or a significant segment of the public, such as Therapist Permit and Managing Employee
employees of sponsoring or participating corporations; Permit-Application.
3. The massage services are provided at the site of Applications for massage establishment licenses,
the event, either during, immediately preceding or massage practitioner or massage therapist license, shall be
immediately following the event; filed with the City Manager. Within sixty working days
4. The sponsors of the event have been advised of following receipt of the completed application, the City
and have approved the provisions of massage services; Manager shall either issue the license/permit or mail a
5. The persons providing the massage services are written statement of the reasons for denial thereof by
not the primary sponsors of the event. (Ord. 2095, (part), certified mail. When necessary, the City Manager or
2012; Ord. 2046, (part), 2009) his/her designee may extend the time in order to conduct a
2012 S-33
9.06.050 Cupertino-Health and Sanitation 8
complete investigation. The application shall set forth the 12. If one or more partners are a corporation, the
exact nature of the massage, bath or health treatment to be name of the corporation shall be set forth exactly as shown
administered, and the location of the proposed place of in its articles of incorporation or charter, together with the
business and facilities thereof. Each applicant is required to state and date of incorporation, and the full legal names and
furnish fingerprints for the purpose of establishing street addresses of each of its current officers and directors;
identification and/or criminal record. In addition, each 13. Whether the applicant has met the educational
applicant shall furnish the following information: requirements set forth in this chapter (except for cases
1. The full name, including any nicknames or other involving applications for massage establishments or
names used presently or in the past, and the present street managing employee permits, when the applicant has filed a
address and phone number of the applicant's residence; statement under penalty of perjury that he/she will not
2. The previous address of the applicant for a period personally give massages at the massage establishment);
of three years immediately prior to the date of the 14. Whether the applicant has previously applied to
application and the dates of each residence; the City for a massage establishment permit, managing
3. The applicant's date of birth; employee permit, or massage therapist permit, the date of
4. The applicant's height, weight and color of eyes the application and every name(s) under which the
and hair; application was made;
5. License number and/or state identification number 15. In the case of an application for a massage
(if any) and Social Security number; establishment permit or managing employee permit, the
6. The applicant's two most recent employers, proposed name and street address of the massage
including their names, street addresses, cities and phone establishment, together with the name and street address of
numbers, and the position of the applicant; any other massage business operated or managed by the
7. The names, street addresses and phone numbers applicant, within the ten years preceding the date of the
of any massage establishment or any other business application;
involving massage, relaxation, or other related business by 16. In the case of an application for a massage
which the applicant has been employed within the past ten establishment license or managing employee permit,whether
years, and the dates of employment; the applicant intends to personally provide massage services
8. Any criminal conviction on the part of the at the business;
applicant for offenses other than traffic violations within five 17. A statement under penalty of perjury that the
years preceding the date of the application; applicant has not made any false, misleading, or fraudulent
9. Whether the applicant has ever had a license, statements or omissions of fact in his/her application or any
certificate, permit, or other authorization to engage in the other documents required by the City to be submitted with
practice of massage or related business; whether the the application;
operation of a massage establishment, or other business 18. The name and street address of the owner or
engaged in the practice of massage, was suspended or renter and the lease holder of proposed premises of which
revoked within the ten years preceding the date of the application is made;
application, and dates and reasons for any such suspensions 19. Acknowledgment by the applicant that any
or revocations, and the name and location of the jurisdiction information contained within the application that may change
or agency that suspended or revoked such license, during the validity of the permit or license will be provided
certificate, permit or other authorization; to the City to maintain current records;
10. Whether the applicant, including applicant as a 20. Authorization for the City, its agents and
member of a corporation, business,or partnership,has ever employees,to seek information and conduct an investigation
operated or been employed at any business that has been the into the truth of the statements set forth in the application
subject of an abatement proceeding under the California Red and into the background of the applicant and responsible
Light Abatement Act(California Penal Code Sections 11225 managing officer;
through 11325)or any similar laws in other jurisdictions. If 21. Such other information as may be deemed
the applicant has previously worked at such a business, necessary by the City Manager. (Ord. 2095, (part), 2012;
he/she should state on the application the name and address Ord. 2046, (part), 2009)
of the business, the dates on which the applicant was
employed at such business, the name and location of the 9.06.055 Massage Establishment License, Massage
court in which the abatement action occurred,the applicable Therapist Permit and Managing Employee
case number, and the outcome of the abatement action; Permit—Submittal of Documentation.
11. If the applicant is a partnership, the application Applicants shall also submit the following information
shall set forth the names and street addresses of each general at the time of their application:
and limited partner;
2012 S-33
9 Massage Establishments and Services 9.06.055
A. A copy of an acceptable form of picture therapist permit, or managing employee permit should the
identification such as a driver's license or state identification aforementioned be allowed to expire. (Ord. 2095, (part),
card; 2012; Ord. 2046, (part), 2009)
B. Two recent identical color photographs of the
applicant(similar to passport photographs); 9.06.070 Massage Establishment License, Massage
C. Documentation to prove that the applicant has a Therapist Permit and Managing
lawful right to work in the United States; Employee Permit-Grounds for Denial.
D. Such other information as may be deemed A massage establishment license, a massage therapist
necessary by the City Manager, permit or a managing employee permit may be denied by the
E. In the case of an applicant for a massage therapist City Manager if one or more of the following are found:
permit, a certificate from a physician, which includes the A. That the applicant made a material misstatement
physician's street address and phone number, and states that in the application for a license and/or permit;
the applicant is free from communicable diseases or other B. That the applicant or any officers or directors of
conditions that could interfere with his/her ability to engage the applicant has been convicted of:
in the practice of massage, to the public, in a safe and 1. An offense that requires registration pursuant to
healthful manner. Communicable disease testing is required California Penal Code Section 290, or a violation of Penal
for hepatitis B and tuberculosis. The medical exam must Code Sections 266(I), 311 through 311.7, 314, 315, 316,
have been completed within sixty days of the permit 318, 647(b)or(d), or equivalent offenses under the laws of
application; another jurisdiction, even if expunged pursuant to Penal
F. In the case of an applicant for a massage therapist Code Section 1203.4;
permit, a diploma, certificate of graduation, transcripts, or 2. A prior offense that involves violation of
other written proof acceptable to the City Manager or California Health and Safety Code Sections 11351, 11352,
his/her designee that the applicant has met the educational 11358 through 11363, 11378 through 11380, 11054, 11056,
requirements set forth in this chapter. (Ord. 2095, (part), 11057, 11058, any other violation(s) involving illegal
2012; Ord. 2046, (part), 2009) possession for sale, or sales of a controlled substance, or
equivalent offenses under the laws of another jurisdiction,
9.06.060 Massage Establishment License, Massage even if expunged pursuant to Penal Code Section 1203.4;
Therapist Permit and Managing Employee 3. Any offense involving the use of force or violence
Permit-Application Fee. upon another person;
Any application for a license to operate a massage 4. Any offense involving sexual misconduct with
establishment and/or a massage therapist permit and children;
managing employee permit shall be accompanied by a 5. Any offense involving theft.
nonrefundable fee, as established by resolution of the City C. That the operation of a massage establishment as
Council. The application fee shall be used to defray the cost proposed by the applicant, if permitted, would not comply
of investigation and report, and is not made in lieu of any with all applicable laws, including but not limited to, all
other fees or taxes required by the Cupertino Municipal City ordinances and regulations;
Code. The application fee shall be paid at the time the D. That the operation of the proposed massage
application is submitted. (Ord. 2095, (part), 2012; Ord. establishment is likely to be a hindrance to the health,
2046, (part), 2009) safety, welfare or interest of the people of the City;
E. That the applicant is lacking in the background
9.06.065 Massage Establishment License, Massage qualifications to conduct a bona fide massage establishment;
Therapist Permit and Managing F. That the applicant has violated any provision of
Employee Permit-Expiration and Renewal. this chapter or any similar law,rule or regulation of another
A massage establishment license, massage therapist public agency that regulates the operation of massage
permit, and a managing employee permit shall expire three establishments. (Ord.2095,(part),2012;Ord.2046,(part),
hundred sixty-five days from the date of issue and must be 2009)
renewed every year. A renewal fee will be assessed for
each permit being renewed. Applications for the renewal of 9.06.080 Massage Establishment Employees-Permit
establishment licenses must be submitted to the City Requirements.
Manager or his/her designee no later than sixty days prior to It is unlawful for any licensed massage establishment
the expiration of such license or permit. There shall be no or managing employee to allow any person to perform
grace period for a massage establishment license, massage massage, bath or health treatment for any compensation
2012 S-33
9.06.080 Cupertino-Health and Sanitation 10
unless the person holds a valid massage therapist permit or Massage Therapist Practical Examination. The applicant
CAMTC certificate. (Ord. 2095, (part), 2012; Ord. 2046, must submit a current certificate with the application to be
(part), 2009) exempt. This section does not apply to anyone possessing a
CAMTC certificate. (Ord. 2095, (part), 2012; Ord. 2046,
9.06.110 Massage Therapist Permit-Criteria for (part), 2009)
Issuance.
A massage therapist permit shall be issued to a person 9.06.160 Annual Medical Examination for Massage
who meets the following criteria: Therapist.
A. Is a member in good standing of a state or A. Any person who has been issued a massage
nationally chartered organization devoted to the massage therapist permit shall file with the City Manager each year,
specialty and therapeutic approach; and within sixty days of the anniversary date of the issuance of
B. Has completed one the following requirements: the permit, an updated certificate from a medical doctor,
1. Five hundred hours of instruction in a massage stating that the permittee massage therapist has,within sixty
specialty and therapeutic approach at a registered school of days immediately prior to the filing of the certificate, been
massage; examined and been found to be free of any contagious or
2. Two hundred fifty hours of such instruction and communicable disease set forth in Section 9.06.055E.
an additional five hundred documented hours of practical B. It is unlawful for any person who has neglected,
experience in a massage specialty and therapeutic approach failed, or refused to file a certificate required by subsection
in one or a combination of the following: A of this section to act as a massage therapist. Failure to
a. A primary office of and under the direct submit the required certificate shall be grounds for
supervision of a medical professional licensed by the State revocation of the permit.
of California, specifically a physician, surgeon, C. Individuals who possess a CAMTC certificate are
chiropractor, osteopath, physical therapist or nurse, while not subject to annual medical examination. (Ord. 2095,
such medical professional is performing activities (part), 2012; Ord. 2046, (part), 2009)
encompassed by such license and is physically on the
premises where the massage therapy is being administered; 9.06.180 Outcall Massage Permit-Application.
3. Has taken and successfully passed the National An outcall massage permit may be issued only to a
Certification Board for Therapeutic Massage and Bodywork Cupertino-licensed massage therapist or person in possession
or the National Certification Commission for Acupuncture of a CAMTC certificate. An applicant for an outcall
and Oriental Medicine test module related to Asian massage permit must provide a list of all businesses and
Bodywork Therapy. The applicant must submit a current residences where the applicant will be performing outcall
certificate with the application to satisfy this criteria. (Ord. massage, and must keep the City Manager, or his/her
2095, (part), 2009; Ord. 2046, (part), 2009) designee, advised in writing of changes to said list. (Ord.
2095, (part), 2012; Ord. 2046, (part), 2009)
9.06.120 Massage Therapist Practical Examination.
The applicant shall take and pass a written test and 9.06.190 Outcall Massage Permit-Criteria.
practical performance examination administered through a Outcall massage may be performed only under the
medical practitioner approved by the City of Cupertino, following criteria:
wherein the applicant has been required to demonstrate a A. Corporate.
basic knowledge of anatomy, physiology, hygiene and 1. The massage treatment shall consist of
massage. If the applicant fails the practical exam, he/she "corporate" massage only as defined in Section 9.06.020;
shall be permitted to retake the exam once, after at least 2. Outcall "corporate" massage clients shall be
thirty but no more than sixty days have elapsed from the owners and employees of the business at which the massage
date of the first exam, provided that the applicant pays the therapist will be performing massage.
applicable exam fees for a second time. Should the B. Residential. Any resident may engage the
applicant fail the exam a second time, the application shall services of a massage practitioner or massage therapist in
be denied, and the applicant shall not be permitted to apply the resident's home. (Ord. 2095, (part), 2012; Ord. 2046,
again for a massage therapist permit for a period of one (part), 2009)
year. Applicants, who have taken and successfully passed
the National Certification Board for Therapeutic Massage 9.06.193 Operating Requirements for Massage
and Bodywork or the National Certification Commission for Establishments.
Acupuncture and Oriental Medicine test module related to Unless otherwise specified in this chapter or preempted
Asian Bodywork Therapy, shall be exempted from the by state law,including any applicable provisions of Business
2012 S-33
11 Massage Establishments and Services 9.06.193
&Professions Code 4612, all massage establishments shall I. Operating Hours. No massage establishment
comply with the following operating requirements: shall be kept open for business and no massage therapist or
A. Exterior Signs. A recognizable and legible sign massage practitioner shall administer massages after the
shall be posted at the main entrance identifying the business hour of ten p.m. or before the hour of seven a.m. Operating
as a massage establishment. In addition, the sign shall hours may be further restricted by the City Manager
comply with the City sign ordinance. pursuant to Section 9.06.200.
B. Posting of and Filing of Each Massage J. Mirrors Prohibited. In general, mirrors are
Establishment License, Massage Therapist Permit, prohibited in rooms where massages are performed;
Managing Employee Permit and CAMTC Certificate. A however, one full length or small mirror may be mounted
copy of the massage establishment license,massage therapist vertically to the wall, not less than twenty inches from the
permit(s), managing employee permit(s), and CAMTC floor.
certificate(s) shall be posted in a conspicuous place in such K. Lighting Required. Massage establishments will
a manner that it can easily be seen by persons entering the be well-lighted at all times during business hours. Rooms
establishment. No massage establishment shall allow any where massage services are provided will be adequately
party to provide any massage services within the lighted when occupied. (Ord. 2095, (part), 2012; Ord.
establishment pursuant to a CAMTC certificate unless such 2046, (part), 2009)
certificate has been filed with the City.
C. (Reserved). 9.06.196 Massage Establishment Sanitary
D. Posting of Services Available and Fees. A list of Conditions—Condition of Premises.
all services available, the price thereof and the length of A. Required Maintenance of Massage Establishment.
time each service shall be performed, shall be posted or All premises and facilities of the massage establishment shall
available in a conspicuous place in such a manner that it can be maintained in a clean and sanitary condition and shall be
easily be seen by persons entering the establishment. No thoroughly cleaned after each day of operation. The
other services, other than those posted, shall be provided. premises and facilities shall meet applicable code
E. Payment/tips. Payment for massage services,and requirements of the city, including but not limited to, those
any tips, shall be paid for at the designated reception area of related to the safety of structures,adequacy of the plumbing,
the business establishment. heating, ventilation, and waterproofing of rooms in which
F. Alcohol Prohibited. No alcoholic beverages may showers, water, or steam baths are used.
be located on the premises of the massage establishment B. Linens. All massage establishments shall provide
while the business is open for the practice of massage. clean laundered sheets, towels, and other linen in sufficient
G. Maintain Written Records. Every massage quantity for use by their clients. Such linens shall be
establishment shall keep a written record of the date and laundered after each use and stored in a sanitary manner.
hour of each service provided,the name and address of each No common use of linens or towels shall be permitted.
patron and the service received, and the name of the Heavy white paper may be substituted for sheets on massage
massage therapist administering the service. Such records tables,provided such paper is used only once for each client
shall be open to inspection only by officials of the City and is then discarded into a sanitary receptacle. Containers
charged with enforcement of this chapter. These records shall be provided for the storage of all soiled linens.
may not be used for any other purpose than as records of C. Privacy Standards for Massage Rooms,Dressing
service provided, and may not be provided to other parties Rooms,and Restrooms. Dressing rooms and restrooms may
by the massage establishment or service unless otherwise only be used by clients of the same sex at the same time.
required by law. Such records shall be retained on the The massage establishment shall provide doors for all
premises of the massage establishment for a period of two dressing rooms and massage rooms. Draw drapes, curtain
years. enclosures, or accordion-pleated enclosures are acceptable
H. Standard of Dress for Massage Establishment in lieu of doors for dressing rooms and massage rooms.
Employees. The holder of the massage establishment (Ord. 2095, (part), 2012; Ord. 2046, (part), 2009)
permit,massage therapists,massage practitioners,managing
employees, and all other employees of the massage 9.06.198 Prohibited Acts.
establishment shall remain fully clothed in clean outer A. Touching of Sexual and Genital Parts of Client
garments while on the premises of the massage During Massage. No holder of a massage establishment
establishment. At a minimum, such clothing shall be made license, massage therapist permit, CAMTC certificate,
of nontransparent material and shall not expose the buttocks, managing employee permit, or any other employee of a
genital area or breasts of any employee or permit holder at massage establishment shall place either his/her hand or
any time. hands upon, or touch with any part of his/her body, or with
2012 S-33
9.06.080 Cupertino-Health and Sanitation 12
a mechanical device, a sexual or genital part of any other 9.06.210 Suspension or Revocation—Notice—Hearing.
person in the course of a massage, or massage a sexual or The holder of the license or permit shall be given
genital part of any other person. Sexual and genital parts prompt notice of revocation or suspension of the license or
shall include the genitals, pubic area, anus, or perineum of permit and shall immediately desist from engaging in the
any person. activity. The notice shall fix a time and place, not less than
B. Uncovering and Exposure of Sexual and Genital five or more than thirty days after service thereof, at which
Parts of Client Before,During or After Massage. No holder time the holder of the license or permit may appear before
of a massage establishment license, massage therapist the City Manager and be granted a hearing upon the merits
permit,CAMTC certificate,managing employee permit,or of such suspension or revocation. If after such hearing the
any other employee of a massage establishment shall license or permit is ordered revoked, the holder shall have
uncover and expose the sexual or genital parts of a client or the right to appeal such action to the City Council in
themselves while engaged in the practice of massage, or accordance with Section 9.06.220 of this chapter. (Ord.
before or after a massage. This subsection does not prohibit 2095, (part), 2012; Ord. 2046, (part), 2009)
a client from turning over in the course of a massage,
provided the massage therapist holds a towel,sheet,blanket, 9.06.220 Appeals.
or other drape over the client to protect his/her genital and Any person whose license or permit has been denied,
sexual parts from exposure. If the client exposes the genital suspended or revoked may appeal the administrative decision
area, the massage therapist or massage practitioner shall of the City Manager, or designated representative, by filing
immediately direct the client to cover him/herself. If the a written notice of appeal with the City Clerk within five
client refuses to comply, the massage therapist or massage working days after receipt of notice of the decision. Such
practitioner shall inform the client that no further massage appeal shall be heard by the City Council, which may
will be provided and the client will be asked to leave the affirm, amend or reverse the order, or take other action
premises. If the client refuses to leave the premises, the deemed appropriate. The Clerk shall give written notice of
massage therapist or massage practitioner must immediately the time and place of the hearing to the appellant and any
leave the room and notify the managing employee. other person requesting notice. In conducting the hearing,
C. Outcall Massage Services. It is unlawful for any the City Council shall not be limited by the technical rules
massage establishment, massage therapist or massage of evidence. Any person requesting an appeal shall pay a
practitioner to provide outcall massage services that are not nonrefundable fee set forth in the City fee schedule at the
in conformance with the provisions of Section 9.06.190. time of filing the appeal. (Ord. 2095, (part), 2012; Ord.
D. Transfer of Massage Establishment License, 2046, (part), 2009)
Massage Therapist Permit and Managing Employee Permit.
No permit issued pursuant to this chapter shall be transferred 9.06.230 Inspection by Officials—Premises.
or assigned in any matter, whether by authorization of law Any and all investigating officials of the City shall
or otherwise, from any location to location or from person have the right to enter massage establishments, from time to
to person, except that a person possessing a massage time during regular business hours, to make reasonable
therapist permit, issued by the City, shall be able to move inspections to observe and enforce compliance with
from one employer to another without filing a new building,fire,electrical,plumbing or health regulations,and
application or paying a new fee, so long as the permit holder to ascertain compliance with the provisions of this chapter.
notifies the City Manager or his/her designee, in writing,of A warrant shall be obtained whenever required by law.
the change in his/her employment within five business days (Ord. 2095, (part), 2012; Ord. 2046, (part), 2009)
of such change. Failure to make this notification within five
business days shall be grounds for suspension, revocation, 9.06.240 Violation—Public Nuisance.
or denial of the permit. (Ord. 2095, (part), 2012; Ord. Violation of any provision of this chapter constitutes a
2046, (part), 2009) public nuisance, which may be abated pursuant to Chapter
1.09 of the Cupertino Municipal Code. (Ord. 2095, (part),
9.06.200 Suspension or Revocation—Grounds. 2012; Ord. 2046, (part), 2009)
Any license or permit issued under this chapter may be
suspended or revoked by the City Manager for any reason 9.06.250 Violation—Penalty.
that would have originally justified the refusal to grant a Any violation of this chapter shall be enforced as
license or permit. (Ord. 2095, (part), 2012; Ord. 2046, provided in Chapter 1.12 and/or Chapter 1.10 of the
(part), 2009) Cupertino Municipal Code. (Ord. 2095, (part), 2012; Ord.
2046, (part), 2009)
2012 S-33
12A Massage Establishments and Services 9.06.260
9.06.260 Continuing Violations-Alternative Remedies.
Nothing in this chapter shall be deemed to prevent the
City Council from directing the City Attorney to commence
civil action to enjoin the continued violation of any provision
of this chapter or to abate a nuisance, as an alternative, or
in conjunction with any other civil or criminal proceedings
provided for herein. (Ord. 2095, (part), 2012; Ord. 2046,
(part), 2009)
2012 S-33
14.12.010
CHAPTER 14.12: TREES*
Section
14.12.010 Purpose. residents is promoted. It is also the intent of this chapter to
14.12.020 Definitions, encourage the preservation of trees. (Ord. 2092, (part),
14.12,030 Responsibility. 2012; Ord. 1731, (part), 1996; Ord. 125, § 1, 1968)
14.12.040 Enforcement.
14.12.050 Master street tree list. 14.12.020 Definitions.
14.12.060 Planting specifications. A. "1st time offender" means any resident or
14.12.070 Public tree management. property owner who has not previously been cited for a
14.12.080 Prohibited acts. violation of Chapter 14.12. Does not include an Intentional
14.12.090 Public utilities-Tree trimming Actor and/or Professional as defined herein.
permit. B. "Repeat offender" means any person who has
14.12.100 Replacement tree-Deposit. previously been cited for a violation of Chapter 14.12.
14.12.110 Nuisance-Liability. C. "City" means the City of Cupertino.
14.12.120 Condition for development or D. "City Forestry Work Plan" means a plan written
building permit. and annually updated by the Tree/Right of Way Supervisor.
14.12.130 New street tree costs and public tree This plan includes the adoption of arboricultural standards
damage or removal fee schedules. for public trees and other public area tree care operations,
14.12.140 Remedies. establishment of near and long-term tree management and
14.12.150 Penalty. the promotion of tree care education and outreach programs.
14.12.160 Financial hardship and lien E. "Damaged or Removed Public Tree Fee
procedure. Schedule" means to determine fee for damage to tree
14.12.170 Appeal. branches and roots and to determine fee for removed trees.
F. "Developer" means any person in the business of
* For statutory provisions regarding the authority improving real property in order to build structures for rent
and duties of local officials with respect to the and/or sale.
planting, care and removal of trees, see Streets G. "Excessive pruning"means removal of more than
and Highways Code § 22000 et seq. twenty-five percent of functioning leaf and stem area of a
public tree in any twelve month period, or removal of
foliage so as to cause the unbalancing of a public tree.
14.12.010 Purpose. H. "Hazardous"means an imminent hazard to threat
It is in the best interests of the City and of the citizens to the safety of persons or property.
and public thereof that a comprehensive plan for the I. "Intentional actor" means a person who acts
purchase, planting and maintenance of public trees within deliberately with an intent to violate this chapter. Intent to
the City should be developed and established; and that this violate this chapter will be presumed when the person is 1)
chapter is adopted for the purpose of developing and on notice of their duties under this chapter pursuant to prior
providing for such a plan and program, and for establishing written notice by the City; 2) where the person has
rules and regulations relating to the planting, care and previously been cited for a violation of Chapter 14.12 or 3)
maintenance of public trees;for the purpose of providing for where they are a professional.
the continued maintenance of the public trees and to provide J. "Master Street Tree List"means a listing of street
for the funds to implement this purpose by establishing a tree species adopted by resolution that may be planted by the
requirement for the payment of reimbursement costs to City Tree Department.
to plant street trees as a condition to the issuance of a K. "New Street Tree Cost Schedule" means an all
building permit, when applicable, or as a result of damage inclusive cost schedule imposed per the City fee schedule
to or removal of existing trees. In establishing this plan and adopted annually by resolution of direct and indirect labor,
program, the health, safety, welfare and quality of life for materials and equipment to plant street trees as may be
required.
2012 S-33 23
14.12.020 Cupertino -Streets, Sidewalks and Landscaping 24
L. "Owner" means the legal owner of real property 14.12.040 Enforcement.
fronting on any street of the City, and any lessee of such The City Manager, or his/her designee, shall be
owner. charged with the enforcement of this chapter. (Ord. 2092,
M. "Park trees" means trees, shrubs, bushes and all (part), 2012; Ord. 125, § 4, 1968)
other woody vegetation in public parks and public facilities
owned by the City, or to which the public has access as a 14.12.050 Master Street Tree List.
park. The Tree/Right of Way Supervisor, or his/her
N. "Person" means an individual, a firm, an designee, is charged with the duty of promptly determining
association, a corporation, the lessees, trustees, receivers, the types and species of trees suitable and desirable for
agents, servants, employees or contractors. planting and the public areas in which the conditions under
O. "Private trees" means trees on land lying outside which such trees shall be planted in. Such determination
the public right-of-way of the City. shall be made by consulting with those familiar with the
P. "Professional" means any person in the business subject of such plantings, such as landscape architects,
of trimming trees who causes damage or removal to a tree arborists, nurserymen and park executives. When such
covered by Chapter 14.12. This term also includes determination has been made the list shall be reported to the
developer. City Council as a proposed resolution. When approved by
Q. "Public streets" or "streets" means all roads, the City Council the resolution shall be known as the Master
streets, avenues, boulevards, alleys, parkways and public Street Tree List, shall be placed on file in the office of the
rights-of-way, or any portion thereof, of the City. City Clerk, and shall thereafter be the official determination
R. "Public trees" means park trees and street trees for the planting of trees. (Ord. 2092, (part), 2012)
collectively.
S. "Public Tree Damage or Removal Fee Schedule" 14.12.060 Planting Specifications.
means the fees imposed per the City fee schedule adopted The Tree/Right of Way Supervisor shall have
annually by resolution for public tree removal and/or jurisdiction and control of the planting, setting out, location
damage to public tree branches and roots. and placement of all public trees of the City, and shall see
T. "Remove" means any of the following: (1) that a specie is uniformly planted, as is practical, in a given
Complete removal, such as cutting to the ground or block and shall likewise have supervision, direction and
extraction, of a public tree; (2) Taking any action control of the care, trimming, removal, relocation and
foreseeable leading to the death of a tree or permanent replacement thereof. Planting shall conform to International
damage to its health; including but not limited to excessive Society of Arboricultural Standards for Tree Operations.
pruning, cutting, girdling, poisoning, overwatering, (Ord. 2092, (part), 2012; Ord. 125, § 6, 1968)
excavating,altering the grade,or paving within the drip line
area of a public tree. 14.12.070 Public Tree Maintenance.
U. "Street trees" means trees located on land within The City and its residents share in the care and
the public right-of-way on all streets, avenues, or ways management of street trees located adjacent to private
within the City. (Ord. 2092, (part), 2012; Ord. 125, § 2, property.
1968) A. The City is solely responsible for the planting,
management and care of public trees. Trees may be
14.12.030 Responsibility. required to be planted pursuant to Section 14.12.120.
The Tree/Right of Way Supervisor or any other person B. Property owners are responsible for watering
designated by the City Manager, is the person responsible street trees in the right-of-way in front of their homes.
for the consideration, investigation, the making of findings, C. Property owners are responsible for notifying the
reporting and recommendation upon any special matter of City of hazardous or damaged street trees in the
question coming within the scope of this chapter. Additional right-of-way in front of their homes.
responsibilities shall include the development/annual update D. Property owners are responsible for the trimming
and administration of a written plan for the care, and maintenance of private trees that may overhang beyond
preservation, pruning, planting, replanting, removal or the property lines of the City, subject to the provisions of
disposition of public trees. Such plan will be prepared and Section 14.12.110 and Chapter 14.08: Obstruction of
shall constitute the official comprehensive City forestry Streets, Section 14.08.020. (Ord. 2092, (part), 2012; Ord.
work plan. (Ord. 2092, (part), 2012) 1731, (part), 1996)
2012 S-33
25 Trees 14.12.080
14.12.080 Prohibited Acts. Tree/Right of Way Supervisor or his/her designee a
It is unlawful and it is prohibited for any person other minimum of ten working days prior to the start of any
than the Tree/Right of Way Supervisor or his/her designee, proposed work. The City has the authority to approve or
for any person to engage in, cause or allow any of the deny removal requests. All work performed must be done
following acts: to International Society of Arboricultural Standards. (Ord.
A. Plant, trim or cause to be planted, trimmed or 2092, (part), 2012; Ord. 125, § 10, 1968)
removed any public tree.
B. Cause or permit any activities that may be 14.12.100 Replacement Tree—Deposit.
deemed detrimental to the health of any public tree as A permittee may be required to reimburse the City for
determined by the Tree/Right of Way Supervisor. expenses to plant street tree(s) within the limits of City
C. Remove,cut,trim,prune, spray,brace,plant,or property adjacent to private property as a condition of
move, any public tree within the City, or cause the same to granting a development or building permit. The permittee
be done. shall deposit with the Department of Community
D. Intentionally poison,kill,significantly damage the Development the amount specified in the New Street Tree
functioning root system of,or remove any public tree within Cost Schedule resolution. (Ord. 2092, (part), 2012; Ord.
the City, or cause the same to be done. 1731, (part), 1996)
E. Break, injure, deface, mutilate, or destroy any
tree or set fire or permit any fire to burn where such fire or 14.12.110 Nuisance—Liability.
the heat thereof will injure any portion of any public tree in There are two types of nuisances that may occur within
the City, nor shall any person place, apply, attach, or keep the public right-of-way. The first is when any private tree or
attached to any public tree or to the guard or stake intended shrub adjacent to or overhanging any public right-of-way is
for the protection thereof any wire, rope (other than one in such a condition as to constitute a hazard or impediment
used to support a young or broken tree), sign, paint, or any to the progress or vision of anyone traveling on such public
other substance, structure, thing or device of any kind or right-of-way. The second is when any tree(not a street tree)
nature whatsoever. or shrub planted adjacent to private property in areas
F. Cause or permit any vegetation to grow on any reserved for public trees in the City either causes a nuisance
street tree located adjacent to private property that may have as defined above or is detrimental to the health of street
adverse effects on the health of the tree as determined by the trees or adjacent City improvements.
Tree/Right of Way Supervisor, or his/her designee. The Tree/Right of Way Supervisor, or his/her
In addition to any other penalty or enforcement designee, may inspect either type of nuisance and cause
provided by law, any person who violates the provisions of corrective action to be taken so as to protect life, health,
this chapter shall be liable for restitution and or mitigation safety, or property of the public. If the owner of such
to the City for any damage to a street tree or a park tree. private property does not correct or remove such nuisance
The Tree/Right of Way Supervisor or his/her designee within five working days after receipt of written notice
may exclude public trees planted and/or removed as thereof from the Tree/Right of Way Supervisor, or his/her
approved by a development or building permit from these designee, the Tree/Right of Way Supervisor shall cause the
prohibited acts. (Ord. 2092, (part), 2012) nuisance to be corrected or removed and all costs shall be
assessed to such owner. When the nuisance is any tree (not
14.12.090 Public Utilities—Tree Trimming Permit. a street tree) or shrub planted in areas reserved for public
Any person doing business as a public utility subject to trees, the individual responsible for the planting may, at the
the jurisdiction of the Public Utilities Commission of the determination of the Tree/Right of Way Supervisor, be
state of California and any duly constituted public agency required to reimburse the City for all actual costs incurred
authorized to provide and providing utility service, shall be to remove the tree or shrub. If the individual responsible for
given a permit from the City Manager, or his/her designee, the nuisance planting cannot be determined, the City will
permitting such public utility to trim, brace, remove or remove the tree or shrub.
perform such other acts with respect to public trees of the Nothing contained herein shall be deemed to impose
City as may be necessary to comply with the safety any liability upon the City, its officers,or employees,nor to
regulations of said Commission and as may be necessary to relieve the owner of any private property from the duty to
maintain the safe operation of its business. Permittee shall keep any private tree upon his property or under his control
be required to have persons who are qualified to perform the in such a condition as to prevent it from constituting a public
work of tree trimming and maintenance. Any proposed nuisance as hereinabove defined. (Ord. 2092, (part),2012;
public tree work that meets the definition of "remove" set Ord. 125, § 13, 1968)
forth in this chapter shall be first communicated to the
2012 S-33
14.12.120 Cupertino-Streets, Sidewalks and Landscaping 26
14.12.120 Condition for Development or Building 14.12.150 Penalty.
Permit. The following penalties for violation of this Chapter
Every person who constructs, remodels or alters any 14.12 may be pursued either separately or in addition to
dwelling, commercial or industrial property, or who each other.
constructs on any unimproved land or property abutting a A. Infraction. Any person who violates any
public street where approved street trees from the Master provision of this chapter shall be guilty of an infraction.
Street Tree List do not exist shall pay the required fee,prior B. Administrative Penalties. The City may pursue
to the issuance of a building permit,per the New Street Tree the remedies for an administrative penalty set forth in
Cost Schedule, for the purchase, planting and maintenance Chapter 1.10.
of the trees by the City. C. Civil Penalties.
When public trees are to be removed and/or planted as 1. The first time offender shall be subject to the first
a condition of an approved development or approved time offender fee as established in the Public Tree Damage
building permit, Sections 14.12.140 and 14.12.150 of this or Removal Fee Schedule.
chapter shall not apply. 2. Any repeat offender, professional or intentional
All public trees shall be protected against damage actor will be subject to the higher penalties as defined
during construction operations. There shall be no storage of below.
materials, tool washout, or vehicle parking near or upon 3. As part of a civil action brought by the City, a
public trees. (Ord. 2092, (part), 2012; Ord. 1731, (part), court may assess against any person who commits, allows,
1996) or maintains a violation of any provision of this chapter a
civil penalty in an amount not to exceed $75,000 per
14.12.130 New Street Tree Costs and Public Tree violation.
Damage or Removal Fee Schedules. 4. Where the violation has resulted in damaged
A. New Street Tree Cost Schedule. The fees branches or roots of a public tree, the civil penalty shall be
imposed by the City to purchase and plant street trees shall subject to a per inch fee adjusted by species and condition as
be as specified in the New Street Tree Cost Schedule established in the Public Tree Damage or Removal Fee
adopted by Council Resolution. All planting costs associated Schedule adopted by Council resolution. Measurement of
with a building permit shall be collected by the Chief the damage shall be the width of the wound measured across
Building Inspector, or his/her designee, for deposit into the the grain at the widest point. If the Tree/ROW Supervisor
City's general fund prior to the issuance of a building determines that corrective pruning is required to balance a
permit. public tree with damaged branches or roots,the City shall be
B. Public Tree Damage or Removal Fee Schedule. reimbursed for actual costs incurred to do such work.
The fees imposed for public tree removal and/or damage to Damage fees shall be paid to the City and deposited to the
public tree branches and roots shall be as specified in the tree fund as required.
Public Tree Damage or Removal Fee Schedule adopted by 5. Where the violation has resulted in removal of a
Council Resolution. Damage and removal fees collected public tree,the civil penalty shall be subject to a per inch fee
shall be deposited into the City's tree fund. (Ord. 2092, adjusted by species and condition as established in the Public
(part), 2012) Tree Damage or Removal Fee Schedule. Measurement of
the removal shall be the diameter width at four and one-half
14.12.140 Remedies. feet above the ground. If the tree is multi-trunk, the
In addition to all other remedies set forth in this diameter of the largest trunk is to be multiplied by one and
chapter or otherwise provided by law, the following one-half to determine removal fee. If there is tree damage
remedies shall be available to the City for violation of this four and one-half feet above the ground, trunk diameter is
chapter: to be measured one foot above ground level and one inch is
A. Stop Work - Temporary Moratorium. If a to be subtracted from the diameter to determine removal fee.
violation occurs, the City may issue a stop work order or If the tree is removed to the ground, tree inventory data or
temporary moratorium suspending and prohibiting all further other available information will be used to determine the
activity on the property pursuant to the grading,demolition, trunk diameter. The penalty for removal of a public tree
and/or building permit(s) until the Public Tree Damage or shall not exceed the trunk formula method of appraised
Removal Fee has been determined by the City and paid by value as determined by the most recent edition of the 'Guide
the permittee. for Plant Appraisal', published by the Council of Tree and
B. Injunctive Relief. A civil action may be Landscape Appraisers. (Ord. 2092, (part), 2012; Ord.
commenced to abate, enjoin, or otherwise compel the 1886,(part),2001;Ord. 1731,(part), 1996;Ord. 125, § 15,
cessation of such violation. (Ord. 2092, (part), 2012) 1968)
2012 S-33
26A Trees 14.12.160
14.12.160 Financial Hardship and Lien Procedure. B. All appeals shall be in writing and shall contain
A. Any owner who claims financial hardship from the following information:
the imposition of a penalty under this chapter, and who is 1. Name(s) of each appellant;
financially unable to make the penalty payment may, in lieu 2. A copy of the violation notice;
of making the payment, file a request for imposition of a 3. A brief statement in ordinary and concise
lien upon the real property where the tree or trees were language of the specific items protested, together with any
located. This process shall include a hardship waiver which material facts claimed to support the contentions of the
shall include a sworn declaration as described in subsection appellant;
(C)below. 4. A brief statement in ordinary and concise
B. The request shall be filed on a hardship waiver language of the relief sought and the reasons why the penalty
application form, available from the City Clerk's office, should be rescinded, modified or otherwise set aside; and
submitted within twenty-one days of the determination of 5. The signatures of all parties named as appellants
penalty. and their mailing addresses.
C. The City may waive the requirement of an C. Any recipient of the penalty must submit to the
immediate payment of penalty, issue the hardship waiver City Clerk an advance deposit of the total fine amount or an
and record a lien only if the cited party submits to the City advance deposit hardship waiver application form as
a sworn declaration,together with any supporting documents described in Section 1.10.080. Any appeal filed without
or materials, demonstrating to the satisfaction of the City payment of the advance deposit or submittal of the advance
Manager or his/her designee the person's actual financial deposit waiver application shall be deemed incomplete.
inability to pay the penalty immediately. In determining the D. The person requesting the appeal shall be notified
cited party's financial ability or inability to pay the penalty in writing of the determination of the City Manager.
immediately, the City Manager or his/her designee shall E. If the Tree/Right of Way Supervisor submits an
consider the amount of the penalty imposed, the income of additional written report concerning the appeal to the City
the cited party, the expenses of the cited party, and any Manager for consideration, then a copy of this report also
other factors that are reasonably related to the cited party's shall be mailed to the appellant.
ability to pay the penalty amount. The cited party shall F. Enforcement of any penalty shall be stayed during
execute a notarized document establishing the lien on their the pendency of an appeal which is properly and timely
real property at the time of application for the hardship filed. (Ord. 2092, (part), 2012)
waiver lien.
D. The requirement of immediately paying the full
amount of the penalty shall be stayed until the City makes a
determination on whether to record the lien and issue a
hardship waiver lien. The City must make its determination
within a reasonable period of time, taking into account the
complexity of the data pertinent to the application.
E. If the City makes a determination to deny the
hardship waiver lien application, a written determination
listing the reasons for the denial shall be issued. The written
determination to deny the hardship waiver shall be final.
F. The written determination of the City's denial of
the hardship waiver lien shall be served by mail upon the
person who applied for the waiver.
G. The lien shall remain in effect until all of the
amounts due are paid in full. (Ord. 2092, (part), 2012)
14.12.170 Appeal.
A. Any recipient of a penalty under this chapter may,
within ten business days from the date of that penalty,
contest that there was a violation or that he or she is the
party responsible for committing the violation by filing an
appeal with the City Clerk for the matter to be heard by the
City Manager or his/her designee. Any appeal not timely
filed shall be rejected.
2012 S-33
19.08.010
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and applicability. G. Unless the context clearly indicates to the
19.08.020 General rules for construction of contrary, the following conjunctions shall be interpreted as
language. follows:
19.08.030 Definitions. 1. "And" indicates that all connected items or
Appendix A: Cupertino Standard Detail 7-2 provisions shall apply;
Corner Triangle - Controlled 2. "Or" indicates that the connected items or
Intersections. provisions may apply singly or in any combination;
Appendix B: Cupertino Standard Detail 7-4 3. "Either. . . or" indicates that the connected items
Corner Triangle- Uncontrolled or provisions shall apply singly but not in combination.
Intersections. H. The words"lot"and"parcel"are interchangeable.
Appendix C: Cupertino Standard Detail 7-6 I. The word "building" includes the word
Sidewalk Site Triangle(Sidewalk "structure."
.Clearance at Driveways). J. All public officials,bodies,and agencies to which
Appendix D: Examples of How to Measure Sign reference is made are those of the City unless otherwise
Area. indicated.
K. "City"means the City of Cupertino. (Ord. 2085,
§ 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency 19.08.030 Definitions.
and precision in the interpretation of zoning regulations. Throughout this title the following words and phrases
The meaning and construction of words and phrases defined shall have the meanings ascribed in this section.
in this chapter shall apply throughout the zoning regulations, A. "A" Definitions:
except where the context of such word or phrases clearly "Abandon" means to cease or discontinue a use or
indicates a different meaning or construction. (Ord. 2085, activity without intent to resume, but excluding temporary
§ 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) or short-term interruptions to a use or activity during periods
of remodeling, maintaining, or otherwise improving or
19.08.020 General Rules for Construction of rearranging a facility, or during normal periods of vacation
Language. or seasonal closure.
The following general rules of construction shall apply "Abutting" means having property or district lines in
to the text of the zoning regulations: common.
A. The particular shall control the general. "Accessory building" means a building which is
B. In case of any difference of meaning or incidental to and customarily associated with a specific
implication between the text of any provision and any principal use or facility and which meets the applicable
caption or illustration, the text shall control. conditions set forth in Chapter 19.100.
C. The word "shall" is always mandatory and not "Accessory structure" means a subordinate structure,
discretionary. The word "may" is discretionary. the use of which is purely incidental to that of the main
D. References in the masculine and feminine genders building and which shall not contain living or sleeping
are interchangeable. quarters. Examples include a deck, tennis courts, trellis or
E. Words used in the singular include the plural,and car shelter. Fences eight feet or less are excluded.
the plural includes the singular, unless the context clearly "Addition"means any construction which increases the
indicates the contrary. size of a building or facility in terms of site coverage,
F. The words"activities"and"facilities"include any height, length, width, or gross floor area ratio.
part thereof.
2012 S-33 5
19.08.030 Cupertino -Zoning 6
"Adjacent property" means property that abuts the "Alley" means a public or private vehicular way less
subject property, including property whose only contiguity than thirty feet in width affording a secondary means of
to the subject site is a single point and property directly vehicular access to abutting property.
opposite the subject property and located across a street. "Alteration", for purposes of the Sign Ordinance,
"Adult bookstore" means a building or portion thereof means any permanent change to a sign.
used by an establishment having as a substantial or "Alteration"means any construction or physical change
significant portion of its stock in trade for sale to the public in the arrangement of rooms or the supporting members of
or certain members thereof, books, magazines, and other a building or structure, or change in the relative position of
publications which are distinguished or characterized by buildings or structures on a site, or substantial change in
their emphasis on matter depicting, describing or relating to appearances of any building or structure.
"specified sexual activities"or"specified anatomical areas," 1. "Incidental alteration" means any alteration to
as hereinafter defined. interior partitions or interior supporting members of a
"Adult cabaret" means a building or portion thereof structure which does not increase the structural strength of
used for dancing purposes thereof or area used for the structure;any alteration to electrical,plumbing,heating,
presentation or exhibition or featuring of topless or air conditioning, ventilating, or other utility services,
bottomless dancers,strippers,male or female impersonators fixtures, or appliances; any addition, closing, or change in
or similar entertainers, for observations by patrons or size of doors or windows in the exterior walls; or any
customers. replacement of a building facade which does not increase the
"Adult motion picture theater" means a building or structural strength of the structure.
portion thereof or area, open or enclosed, used for the 2. "Structural alteration" means any alteration not
presentation of motion pictures distinguished or deemed an incidental alteration.
characterized by an emphasis on matter depicting,describing "Amusement park"means a commercial facility which
or relating to "specified sexual activities" or "specified supplies various forms of indoor and outdoor entertainment
anatomical areas,"as hereinafter defined,for observation by and refreshments.
patrons or customers. Animal:
"Advertising statuary" means a structure or device of 1. Animal,Adult. "Adult animal"means any animal
any.kind or character for outdoor advertising purposes four months of age or older.
which displays or promotes a particular product or service, 2. Animal, Large. "Large animal" means any
but without name identification. equine, bovine, sheep, goat or swine or similar domestic or
"Aerial" means a stationary transmitting and/or wild animal, as determined by the Planning Commission.
receiving wireless communication device consisting of one 3. Animal, Small. "Small animal" means animals
or any combination of the elements listed below: which are commonly found in single-family residential areas
1. "Antenna"means a horizontal or vertical element such as chickens, ducks, geese, rabbits, dogs, cats, etc.
or array, panel or dish that may be attached to a mast or a "Animal care" means a use providing grooming,
tower for the purpose of transmitting or receiving radio or housing, medical care, or other services to animals,
microwave frequency signals. including veterinary services,animal hospitals,overnight or
2. "Mast" means a vertical element consisting of a short-term boarding ancillary to veterinary care, indoor or
tube or rod which supports an antenna. outdoor kennels, and similar services.
3. "Tower" means a vertical framework of cross "Apartment" means a room or a suite of two or more
elements which supports either an antenna, mast or both. rooms which is designed for, intended for, and occupied by
4. "Guy wires"means wires necessary to insure the one family doing its cooking there.
safety and stability of an antenna, mast or both. "Apartment house"means a building designed and used
"Affordable units" means housing units in which the to house three or more families,living independently of each
rent does not exceed thirty percent of the HUD income other.
limits for lower and very low income households for the "Apartment project" means a rental housing
Santa Clara County Metropolitan Statistical Area, adjusted development consisting of two or more dwelling units.
for household size. "Approval Body" means the Director of Community
"Agriculture" means the tilling of the soil, the raising Development and his/her designee, the Planning
of crops, horticulture, agriculture, livestock farming, Commission or City Council depending upon context.
dairying, or animal husbandry, including slaughterhouses, "Architectural feature"means any part or appurtenance
fertilizer yards, bone yard, or plants for the reduction of of a building or structure which is not a portion of the living
animal matter or any other similar use. area of the building or structure. Examples include:
2012 S-33
6A Definitions 19.08.030
cornices,canopies,eaves,awnings,fireplaces,or projecting
window elements. Patio covers or any projection of the
floor area shall not constitute an architectural projection.
"Architectural projection," for purposes of the Sign
Ordinance, means any permanent extension from the
structure of a building, including the likes of canopies,
awnings and fascia.
"Atrium" means a courtyard completely enclosed by
walls and/or fences.
"Attic" means an area between the ceiling and roof of
a structure, which is unconditioned (not heated or cooled)
and uninhabitable.
"Automotive service station" means a use providing
gasoline,oil,tires,small parts and accessories,and services
incidental thereto, for automobiles, light trucks, and similar
motor vehicles. Automotive maintenance and repair(minor)
may be conducted on the site. The sale of food or grocery
items on the same site is prohibited except for soft drinks
2012 S-33
20A Definitions Appendix A
APPENDIX A:
CUPERTINO STANDARD DETAIL 7-2
CORNER TRIANGLE-CONTROLLED INTERSECTIONS
CORNER SIGHT FORMULA
DISTANCE SD=Design speed X1.467 X 7.5
DESIGN 85th Sight Distance] 1 Criteria
PERCENTILE I Factor
SPEED SD 85th percentile speed
25 275 C
30 330 ix
35 385 °C
40 440 Z
45 495
50 550
/ BLS
O� �/%ice, i
_ - - _ _ - -•G - _____
�LS1�� L i — —— SD
�-
SD MAJOR.MAD
�—
I�
I� G NI
` LS ////, ./....777/:LEGEND Set backs from edge of travel lane
Y=Distance between the edge of roadway
and the curb.Applies to parking,bike lanes, Q Crosswalk set back=24 feet+Y
shoulders and/or combination. O Limit line set back=13 feet+Y
LS=Line of sight
SD=Signt distance
G=Edge of travelway
2012 S-33
Appendix B Cupertino-Zoning 20B
APPENDIX B:
CUPERTINO STANDARD DETAIL 7-4
CORNER TRIANGLE-UNCONTROLLED INTERSECTIONS
FLAT GRADE:
Within the area of the triange,there shall be
no sight obscuring wall,fence,sign or foliage
higher than 42 inches from street grade.In the
case of trees,lower branches shall be trimmed (Celinter up eight(8)feet six(6)inches from street I grade.
•IOTHER GRADE:
The City Engineer will provide the conditions
and allowances for hilly and/or rolling terrains.
LEGEND: S
LS=Line of sight LS-
Center) 100 feet n
/ 4,Monument or interseccting
point
V •
top of curb if present
street grade
Q;;;',4
42"
EXAMPLE
2012 S-33
20C Definitions Appendix C
APPENDIX C:
CUPERTINO STANDARD DETAIL 7-6
SIDEWALK SITE TRIANGLE (SIDEWALK CLEARANCE AT DRIVEWAYS)
M
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2012 S-33
Appendix D Cupertino-Zoning 20D
APPENDIX D:
EXAMPLES OF HOW TO MEASURE SIGN AREA
Individually lettered sign
Sign with background or borders
. >_ 36 inches
Sign separated by 36 inches or more
2012 S-33
37 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020
4 a a ca. V a
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2012 S-33
19.20.020 Cupertino-Zoning 38
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2012 S-31
41 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020
M
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2012 S-33
19.20.020 Cupertino-Zoning 42
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2012 S-31
63 Single-Family Residential (R1) Zones 19.28.110
19.28.110 Single-Family Residential Design every twenty-four feet, with a minimum four foot depth and
Guidelines and Principles. ten foot width. The offsets should comprise the full height
Any new single-family residential house or addition to of the wall plane.2
an existing house shall be generally consistent with the 4. The current pattern of side setback and garage
adopted single-family residential guidelines in Sections orientation in the neighborhood should be maintained.
19.28.110(A) and (B). 5. When possible,doors,windows and architectural
A. Single-Family Residential Design Guidelines for elements should be aligned with one another vertically and
all projects.''2 horizontally and symmetrical in number, size and
1. There should not be a three-car wide driveway placement.
curb cut. 6. In the R1-a zone, windows on the side elevations
2. No more than fifty percent of the front elevation should2:
of a house should consist of garage area. a. Be fixed and obscured to a height of five feet
a. In the R 1-a zone,the maximum width of a garage above the second floor;
on the front elevation should be twenty-five feet,which will b. Have permanent exterior louvers to a height of
accommodate a two-car garage. Additional garage spaces five feet above the second floor; or
should be provided through the use of a tandem garage or a c. Have sill heights of five feet or greater to mitigate
detached accessory structure at the rear of the property.2 intrusion into a neighbor's privacy.
3. Living area should be closer to the street, while C. Residential Design Review Principles. Two-story
garages should be set back more. homes subject to design review per Section 19.28.040(E)
4. All roofs should have at least a one-foot (except in R1-a zones) shall meet the residential design
overhang. review principles below. The City of Cupertino Two-Story
5. Porches are encouraged. Design Principles are attached hereto as Appendix A and are
a. In the R1-a zone, the following porch design incorporated herein by this reference.
guidelines apply': 1. An identifiable architectural style shall be
i. When viewed from the street, a porch should provided;
appear proportionately greater in width than in height. A 2. Design features, proportions and details shall be
porch differs from an entry element, which has a consistent with the architectural style selected;
proportionately greater height than its width. 3. Visual relief deemed to be appropriate by the
ii. Structural supports should be designed such that Director of Community Development shall be provided;
the appearance is not obtrusive or massive. 4. Materials shall be of high quality;
iii. The use of large columns or pillars is 5. Ensure building mass and scale;
discouraged. 6. Design with architectural integrity on all sides of
iv. The eave height for a front porch should not be the structure; and
significantly taller than the eave height of typical 7. The design shall reflect symmetry,proportion and
single-story elements in the neighborhood. balance.
v. Porch elements should have detailing that
emphasizes the base and caps for posts and fence elements. Notes:
6. In R1-6e and R1-a zones, entry features should ' Refer to the Eichler Design Handbook-Fairgrove
not be higher than fourteen feet from natural grade to plate.' Neighborhood for additional design guidelines in
B. Two-Story Design Guidelines.'2 the R1-6e zone.
1. The mass and bulk of the design should be 2 Nonconformance with the design guidelines in the
reasonably compatible with the predominant neighborhood R1-a zone shall be considered acceptable only if
pattern. New construction should not be disproportionately the applicant shows that there are no adverse
larger than, or out of scale with, the neighborhood pattern impacts from the proposed project.
in terms of building forms, roof pitches,eave heights,ridge (Ord. 2085, § 2 (part), 2011)
heights, and entry feature heights.
2. The design should use vaulted ceilings rather than 19.28.120 Landscape Requirements.
high exterior walls to achieve higher volume interior spaces. To mitigate privacy impacts and the visual mass and
3. Long, unarticulated, exposed second story walls bulk of new two-story homes and additions, tree and/or
should be avoided since it can increase the apparent mass of shrub planting is required. The intent of this section is to
the second story. provide substantial screening within three years of planting.
a. In the R1-a zone, all second story wall heights A. Applicability. These requirements shall apply to
greater than six feet, as measured from the second story new two-story homes, second-story decks, two-story
finished floor, should have building wall offsets at least additions, modifications to the existing second-story decks
2012 S-31
19.28.120 Cupertino- Zoning 64
and/or new windows on existing two-story homes that ii. In the R1-a zone, privacy planting shall have a
increase privacy impacts on neighboring residents. minimum setback from the property line equivalent to
1. These requirements shall not apply to: one-quarter of the spread noted on the City list.
a. Skylights; c. The trees and/or shrubs shall be planted prior to
b. Windows with sills more than five feet above the issuance of a final occupancy permit.
finished second floor; 3. Waivers.
c. Obscured, non-openable windows; a. New trees and/or shrubs are not required to
d. Windows with permanent exterior louvers to a replace existing front or privacy trees or shrubs if an
height of five feet above the second floor; Internationally Certified Arborist or Licensed Landscape
e. Non-operable windows with obscure glass to a Architect verifies that the existing trees/shrubs have the
height of five feet above the second floor; and characteristics of privacy planting species, subject to
f. When waivers have been obtained by all affected approval by the Director or Community Development.
property owners b. Affected property owner(s)may choose to allow
B. Planting Plan. Proposals for a new two-story privacy planting on their own property. In such cases, the
homes, second-story decks, two-story additions, applicant must plant the privacy screening prior to issuance
modifications to the existing second-story decks,and/or new of a building permit.
windows on existing two-story homes shall be accompanied c. The privacy mitigation measures may be modified
by a planting plan which identifies the location, species and in any way with a signed waiver statement from the affected
canopy diameter of existing and proposed trees or shrubs to property owner. Modifications can include changes to the
meet the requirements in Section 19.28.110(C) below. number of shrubs or trees, their species or location.
C. Planting Requirements. 4. Covenant. The property owner shall record a
1. Front yard tree planting. covenant with the Santa Clara County Recorder's Office that
a. The tree shall be twenty-four-inch box or larger, requires the retention of all privacy planting, or use of
with a minimum height of six feet. existing vegetation as privacy planting, prior to receiving a
b. The tree shall be planted in front of new second final building inspection from the Building Division. This
stories in the front yard setback area. regulation does not apply to situations described in
i. In the R1-a zone, the tree shall be placed to subsection(C)(3)(b) of this section.
where views from second story windows across the street 5. Maintenance. The required plants shall be
are partially mitigated. maintained. Landscape planting maintenance includes
c. The Director of Community Development may irrigation, fertilization and pruning as necessary to yield a
waive the front yard tree based on a report from an growth rate expected for a particular species.
internationally-certified arborist citing conflict with existing 6. Replacement.Where required planting is removed
mature tree canopies onsite or in the public right-of-way. or dies it must be replaced within thirty days with privacy
2. Privacy planting. tree(s)of similar size as the tree(s)being replaced, unless it
a. New trees and/or shrubs are required on the is determined to be infeasible by the Director of Community
applicant's property in an area bounded by a thirty-degree Development. (Ord. 2085, § 2 (part), 2011)
angle on each side window jamb.
i. The following is required for all side and rear 19.28.130 Exceptions.
yard-facing second story windows in the R1-6e zone: Where results inconsistent with the purpose and intent
• Cover windows with exterior louvers to a height of this chapter result from the strict application of the
of five feet above the second floor; or provisions hereof, exceptions to Sections 19.28.070,
• Obscure glass to a height of five feet above the 19.28.080, and 19.28.110 may be granted by the Design
second floor; or Review Committee. The specific procedural requirements
• Have a window sill height of five feet minimum shall follow Chapter 19.12. (Ord. 2085, § 2 (part), 2011)
above the finished second floor.
b. The Planning Division shall maintain a list of 19.28.140 Findings.
allowed privacy planting trees and shrubs. The list includes Sections 19.28.140(A),(B),(C),(D),and(E)set forth
allowed plant species, minimum size of trees and shrubs, the findings required for a Minor Residential Permit,
expected canopy or spread size, and planting distance Two-Story Permit, Residential Design Review, and R1
between trees. Exception approval.
i. In the R1-a zone,the minimum height of privacy A. Minor Residential Permit Findings.
trees at the time of planting shall be twelve feet. 1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinances and the purposes of this title.
2012 S-33
19.60.010
CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES*
Section
19.60.010 Purpose. 19.60.020 Applicability of Regulations.
19.60.020 Applicability of regulations. No building, structure, or land shall be used, and no
19.60.030 Permitted, conditional and excluded building or structure shall be erected,structurally altered,or
uses. enlarged in a CG zone, otherwise than in conformance with
19.60.040 Permits required for development. the provisions of this chapter and other applicable provisions
19.60.050 Land use activity. of this title.
19.60.060 Development standards. (Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (part),
* Prior history: amended during 4/94 supplement and by 1995)
Ords. 1601, 1618, 1630 and 1637.
19.60.030 Permitted, Conditional and Excluded
Uses.
19.60.010 Purpose. Permitted,Conditional and Excluded Uses that may be
The purpose of the general commercial zoning district conducted from property zoned general commercial (CG),
is to establish regulations for retailing, offices and service are identified in Table 19.60.030, Permitted, Conditional
establishment offering goods and services to the general and Excluded Uses in General Commercial Zoning Districts
public which will assure maximum compatibility with below.
surrounding residential areas as well as minimize adverse
traffic impacts resulting from commercial development.
(Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (part),
1995)
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts
Zoning Districts CG
Uses
1. Retail businesses, such as, but not limited to: P
a. food stores (excluding convenience markets),
b. drugstores,
c. apparel shops,
d. variety stores and
e. hardware stores;
2. Full service restaurants (without separate bar facilities) where: P
a. all public entrances face away from residential zoning districts and
b. where the required customer parking is located within close proximity of the entrance
3. Specialty food stores which cumulatively occupy more than fifty percent of the building floor CUP- Admin.
space in a single building or shopping center
4. Eating establishments CUP- PC
a. Full-service restaurants with separate bar facilities
b. Fast-food restaurants, and
c. Any entertainment facilities (e.g., dancing, live music) in association with full-service or
fast-food restaurant;
2012 S-31 109
19.60.030 Cupertino-Zoning 110
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
5. Any commercial establishments with drive-through facilities CUP- PC
6. Late evening activities which occur between eleven p.m. through seven a.m. CUP- PC
7. Offices such as those below, provided that such uses do not comprise more than twenty-five P
percent of the building space in a shopping center:
a. Professional,
b. General,
c. Administrative,
d. Business offices,
e. Business services, such as:
i. advertising bureaus,
ii. credit reporting,
iii. accounting and similar consulting agencies,
iv. stenographic services, and
v. communication equipment buildings,
8. Commercial Office uses such as those below which directly serve the public P
a. Banks,
b. Financial institutions,
c. Insurance agencies
d. Real estate agencies,
e. Travel agencies,
f. Photography, and
g. Similar studios;
9. Laundry facilities, including those below, provided that the solvents used in the cleaning P
process shall not be used or stored in any manner not approved by the State Fire Marshal and
provided the establishment received approval from the Bay Area Air Quality Management
District.
a. Self service operations
b. Full service operations; and
c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to
the establishment by retail customers.
10. Private clubs, lodges, or fraternal organizations
a. Uses in(10) above as subordinate uses in buildings intended primarily for other permitted P
uses provided for in this section
b. Uses in (10) above as principal use buildings CUP- PC
11. Fraternity and sorority houses CUP- PC
2012 S-33
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
12. Limited repair services, such as: p
a. Jewelry,
b. Household appliance,
c. Typewriter and
d. Business machine repair shops
13. Personal service establishments such as: p
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
14. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P
with provisions of Chapter 19.100 of this title.
15. A maximum of four video game machines, provided these machines are incidental to the main P
activity of the business
16. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P
single building or shopping center;
17. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar
services for pets
a. Uses in(17) above which are located in a sound-proof structure and are in compliance P
with Santa Clara County Health Department regulations
b. Uses in(17) above which are not located in a sound-proof structure and are in compliance CUP- PC
with Santa Clara County Health Department regulations
18. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for P
pets; kennels; taxidermists;
19. 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
20. CUP- PC
a. Child care centers,
b. Day nurseries, and
c. Playgrounds
21. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P
a. When the uses in(21) 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(21) 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-33
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
22. 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
23. 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.
24. Commercial parking and parking garages CUP- PC
25. Convenience markets CUP- PC
26. Hotels, motels, and boardinghouses CUP- PC
27. Liquor stores CUP- PC
28. Drinking establishments CUP- PC
29. Theaters CUP- PC
30. Mortuaries; CUP- PC
31. Automobile service stations, automobile washing facilities; CUP - PC
32. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in operable CUP- PC
condition
33. Automobile and Tire repair shops CUP- PC
34. 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.
35. 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;
36. 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;
37. 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-33
•
113 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
38. Warehouses; Ex
39. Lumberyards, Ex
40. Nurseries and greenhouses; Ex
41. Commercial excavating of building or construction materials Ex
Key:
P- Permitted Use
-- Not Allowed
CUP-Admin. - Conditional Use Permit issued by the Director of Community Development
CUP-PC - Conditional Use Permit issued by the Planning Commission
CUP-CC - Conditional Use Permit issued by the City Council
Ex- Excluded Uses
(Ord. 2085, § 2 (part), 2011)
19.60.040 Permits Required for Development. e. Incidental activities directly related to the
A. Prior to the erection of a new building or permitted business. The incidental activity must comply
structure or enlargement or modification of an existing with noise standards, all other applicable health and safety
building, structure, or site (including landscaping and regulations and must use equipment which,when not in use,
lighting) in a CG zoning district, permits must be obtained is stored in an approved enclosed space.
in accordance with Table 19.12.030. 2. The activity must comply with the City noise
(Ord. 2085, §2(part),2011; Ord. 2056, (part), 2010; Ord. standards, including pick-up and delivery times. Some
1844, § 1 (part), 2000;Ord. 1784, (part), 1998; Ord. 1687, activities are permitted when located in a sound-proof space.
Exh. A (part), 1995) A sound-proof space is an enclosed area which is designed
to prevent internally generated noise from being audible
19.60.050 Land Use Activity. from a receptor located outside of the structure. An
A. Land Use Criteria. Unless otherwise provided by acoustical engineer shall certify the design and operating
a conditional use permit, the following regulations shall conditions of a sound-proof space.
apply to all users governed by this chapter. 3. The activity must involve direct retailing of goods
1. The activity must be conducted entirely within a or services to the general public. The retailing and servicing
building or enclosed patio or atrium except for: activity must comprise at least fifty percent of the floor
a. Vehicular parking including the parking of space, including enclosed patio and atrium space, and must
business related vehicles that comply with the sign,off-street represent the primary emphasis of the business. Window
parking and noise regulations; displays shall reflect the retail emphasis.
b. Outdoor seating for restaurants as long as the 4. Certain activities which require a hazardous
number of seats do not exceed twenty percent of the number material plan are permitted subject to permitting or licensing
of authorized indoor seats and is otherwise compatible with by an authorized public agency charged with the
Chapter 19.124 of this code; responsibility to protect the public health and welfare
c. Special promotional events undertaken by regarding the involved hazardous material. Examples:
permitted businesses; swimming pool and spa supply, photo finishing, dental
d. The display of merchandise in front of stores office.
containing a minimum of twenty thousand square feet of 5. The activity complies with applicable off-street
floor area. The merchandise must be displayed under a roof parking standards including shared parking arrangements
overhang or canopy and must be displayed in an organized, specified in the off-street parking ordinance.
neat and safe fashion; (Ord. 2085, § 2 (part), 2011)
2012 S-33
19.60.060 Cupertino-Zoning 114
19.60.060 Development Standards.
Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General
Commercial (CG) zoning district.
Table 19.60.060: Development Standards
A. Lot Area and Coverage No minimum lot area or coverage.
Must be in conformance with the General Plan or
applicable Specific Plan.
Must have sufficient area to satisfy off-street parking and
loading requirements contained in this title.
B. Height of Buildings and Structures 30 feet unless otherwise permitted by the General Plan or
applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
1. Front Yard Established based upon special policies contained in the
General Plan and/or applicable specific plan to:
• Insure sufficient space to provide adequate light, air
and visibility at intersections;
• Assure general conformity to yard requirements of
adjacent or nearby zones, lots or parcels; and
• Promote excellence of development.
2. Minimum Side and Rear Yard No side or rear yard setback required unless lot abuts any
residential or agricultural-residential zone in which case
the following regulations apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of additional
setback for each foot of height of a commercial building
measured from its eave line or top of parapet, whichever
is more restrictive.
ii. Street Side of Corner Lot 12 feet
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet
of additional setback for each foot of height of a
commercial building measured from its cave line or top of
parapet, whichever is more restrictive.
D. Noise Standards-
1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise
that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating from interior
retail space.
b. Loading Docks and Doors Located away from residential districts. Required Fire
Doors are excluded.
c. Mechanical and other equipment Air conditioning, exhaust fans, and other mechanical
equipment shall be acoustically isolated to comply with
the noise ordinance
2012 S-31
19.76.010
CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI-PUBLIC
BUILDING (BQ) AND TRANSPORTATION(T) ZONES
Section
19.76.010 Purpose. 19.76.020 Applicability of Regulations.
19.76.020 Applicability of regulations. The specific regulations of this chapter shall apply to
19.76.030 Permitted, conditional and excluded all BA, BQ and T zoning districts.
uses in BA, BQ and T Zones. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
19.76.040 Permits required for development. 1992)
19.76.050 Application requirements.
19.76.060 Site development regulations. 19.76.030 Permitted, Conditional and Excluded
Uses in BA, BQ and T Zones.
Permitted,Conditional and Excluded Uses that may be
19.76.010 Purpose. conducted from property zoned Public Building (BA),
The BA, BQ and T zoning districts are designed to Quasi-Public Building (BQ), and Transportation (T) are
accommodate governmental, public utility, educational, identified in Table 19.76.030.
religious,community service,transportation,or recreational
facilities in the City.
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
1992)
Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
Zoning Districts
Uses
BA BQ T
1. Buildings and other uses on land owned or utilized by a P - -
federal, State, county, or city government or authority, or by a
special district created for public purposes under the laws of
the State of California are permitted in a BA zone.
2. Rotating homeless shelter provided that the following
conditions are met: - P -
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
c. The hours of operation do not exceed six p.m. to seven
a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any
twelve-month period at any single location.
3. Permanent emergency shelter provided the following conditions
are met: - P
a. Section 19.76.030(2)(a)-(e); and
b. Occupancy is limited to six months or less.
2012 S-33 Repl. 139
19.76.030 Cupertino - Zoning 140
Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones (Cont.)
Zoning Districts
Uses
BA BQ T
4. Public utility companies regulated by the Public Utility - CUP- PC -
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed area
or storage yard;
5. Religious, civic, and comparable organizations, for uses - CUP-PC -
restricted to church buildings, community halls, administrative
buildings, schoolrooms, recreational facilities, and athletic
fields, convents, seminaries, and similar uses customarily
associated with churches, including parking and landscaping
areas;
6. Child care facility, residential care facilities, congregate - CUP-PC -
residence, hospitals, vocational and specialized schools;
7. Lodges, clubs, country clubs, including accessory uses such as - CUP-PC -
swimming pools, picnic areas, golf courses, driving tees or
ranges, miniature golf courses (all uses to be restricted to
members of the above organizations and their guests);
8. Large-family daycare home; - CUP- PC -
9. Airports, airfields and helicopter terminals, including - - CUP-PC
administration and service buildings, maintenance and storage
yards
10. Railroads, including terminals and stations, freight yards, - - CUP-PC
marshaling yards, storage yards, administrative and service
buildings
11. Bus terminals and stations, including administration and service - - CUP-PC
buildings, maintenance and storage yards
12. Freeways, expressways, and other roads with limited or - - CUP-PC
controlled access, including administrative buildings and
maintenance yards
Key:
P- Permitted Use
-- Not Allowed
CUP-Admin. - Conditional Use Permit issued by the Director of Community
Development
CUP-PC - Conditional Use Permit issued by the Planning Commission
CUP-CC - Conditional Use Permit issued by the City Council
Ex- Excluded Uses
(Ord. 2085, § 2 (part), 2011)
2012 S-31
19.96.010
CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE
Section
19.96.010 Purpose. 19.96.030 Zoning Designations.
19.96.020 Applicability of regulations. The ordinance rezoning each property or parcel to
19.96.030 Zoning designations. the private recreation(FP)zone classification shall include
19.96.040 Permitted, conditional and one of the suffixes in the table below, indicating the
excluded uses. primary use intent for the site. Uses authorized for any
19.96.050 Subsidiary uses. site are interchangeable between indoor and outdoor
19.96.060 Permits required for development. activity, and may include activities listed under both
19.96.070 Application requirements. subdivision "i" and subdivision "o" of Section 19.96.040,
19.96.080 Performance standards. notwithstanding the suffix designation.
19.96.010 Purpose. Suffix -i
A. The purpose of creating a private recreation Zoning Symbol FP-i
(FP)zone is to facilitate zoning under use permit controls
which promote privately sponsored business enterprise for Activity Characterization Indoor
the cultural and recreational needs of the community which
are distinct from, and yet serve as an enhancement to the Use Characteristics Uses oriented
organized activity and passive open space uses traditionally primarily to activities
provided by the public sector on City or regional which take place
parklands. within an enclosed
B. The FP zoning district is intended to encourage structure, and as
a diverse range of recreational development by private listed in Table
interests. At the same time, the use intensity of any site in 19.84.020
the FP zone is determined by application of performance (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
standards which ensure a compatible fit with the site's 1992)
geographic and environmental setting.
(Ord. 2085, §_2 (part), 2011; Ord. 1601, Exh. A (part), 19.96.040 Permitted, Conditional and Excluded
1992) Uses.
Permitted, Conditional and Excluded Uses that may
19.96.020 Applicability of Regulations. be conducted from property zoned Private Recreation(FP)
No building, structure, or land shall be used, and no are identified in Section 19.84.020.
building or structure shall be erected, structurally altered (Ord. 2085, § 2(part), 2011)
or enlarged in a private recreation zone, otherwise than in
conformance with the provisions of this chapter. 19.96.050 Subsidiary Uses.
Compliance with this chapter does not relieve the owner or The subsidiary uses identified in Section
developer of property intended to be included in an FP 19.84.020(R) may be permitted with a conditional use
zone from complying with all other applicable City permit issued by the Planning Commission when such uses
ordinance or conforming with the provisions of the City's are intended:
General Plan. A. To serve primarily the convenience of persons
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), drawn to the site to engage in the activities authorized
1992) thereon as the principal use;
2012 S-33 153
19.96.050 Cupertino-Zoning 154
B. To operate in conjunction with, and be D. A description of the phasing of construction for
subsidiary to, any of the principal uses described in the development, including a tentative time schedule and
Section 19.84.020. plan describing the extent of building square footage and
(Ord. 2085, §2(part), 2011) land area involved with each phase of the development.
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
19.96.060 Permits Required for Development. 1992)
At the inception of a rezoning to the FP
classification, such rezoning shall be accompanied by a 19.96.080 Performance Standards.
simultaneous request for use permit approval, in accord A. General. Individual use permit requests for
with the requirements of Chapter 19.12. development of facilities in the FP zone shall be subject to
(Ord. 2085, § 2 (part), 2011) application of performance standards. The performance
standards and potential mitigation strategies listed in
19.96.070 Application Requirements. Section 19.96.080C shall:
A development plan shall be approved in conjunction 1. Serve as guidelines applied by the Planning
with each request for rezoning to the FP district, or with Commission and City Council in a manner which best
each separate use permit application subsequent to such accomplishes the intent of the FP zone;
rezoning. The development plan shall, in addition to 2. Ensure adequate mitigation of potentially
information required by Chapter 19.12, include, but shall detrimental impacts associated with a specific use in a
not be limited to the following content: specific location.
A. Definition of uses within the buildings, a use B. Priority of Recreational Development. The
distribution table setting forth the property size, and the City Council may approve a private recreational use which
amount of land devoted to the principal recreation use or is found to be inconsistent with any minimum performance
uses and support activities; standard stated in this chapter upon finding that:
B. Depiction of surrounding uses at least one 1. There is an offsetting factor of need for that
hundred feet in each direction from the perimeter of the use;
project; existing and proposed private and public streets 2. The use is of interest to residents of Cupertino
which provide ingress and egress to the site; the location over uses which draw from a regional area.
of driveway aprons and pedestrian paths; C. Impact Mitigation Standards. The following
C. A drawing describing the areas to be landscaped chart shall be used to determine the level of performance
within the development, including areas adjacent to appropriate to each category in which one or more
streets. The functional aspects of landscaping design shall significant impacts may occur to adjoining property and/or
be described, including but not limited to how landscaping to the community at large as a result of any new or
is used to screen parked vehicles, to enhance the expanded use in the FP zone. The City may impose
enjoyment of activity areas or separate activity areas from specific mitigation strategies as conditions of use permit
adjoining uses, and provide an aesthetically pleasing approval to ensure compliance with the general
design element; performance standards, except as noted in Section
19.96.080B above:
[Table begins on next page.]
2012 S-31
19.100.010
CHAPTER 19.100: ACCESSORY BUILDINGS/STRUCTURES
Section
19.100.010 Applicability of regulations. 6. Building management offices, when located
19.100.020 Accessory uses and facilities. within the principal facility and limited to the management
19.100.030 Site development regulations. thereof;
Appendix A: Detached Accessory Buildings and 7. Refreshment and service facilities in parks,
Structures Example. playgrounds, and in permitted public or private recreation
facilities or schools;
8. The operation of service facilities and equipment
19.100.010 Applicability of Regulations. in connection with schools,hospitals and similar institutions
The regulations established by this chapter shall be or uses, when located on the site of the principal use.
applicable in each district established by this title. D. No use or facility permitted as an accessory use
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), or facility pursuant to this chapter shall be construed to be
1992) permitted as a principal use or facility unless specifically
authorized as permitted or conditional use in the district in
19.100.020 Accessory Uses and Facilities. which it shall be located. Operation, occupancy and
A. Accessory uses and facilities shall be permitted in continuance of allowable accessory uses and facilities shall
any district where incidental to and associated with a be conditioned upon continued occupancy or use of the
permitted use and authorized conditional use therein,subject principal use or facility being served.
to the provisions of the section. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
B. Accessory uses and facilities: 1992)
1. Shall be subordinate to the primary activity of the
principal use or principal facility, respectively; 19.100.030 Site Development Regulations.
2. Shall contribute to the comfort, convenience, A. General Regulations. Except as otherwise
efficiency or necessity of the occupants, or the activities of provided in this section, accessory buildings shall at all
a principal use, or the function of a principal structure; times be located in conformance with requirements for
3. Shall be located on the same site as the principal principal buildings, and shall not be located in any required
use or structure served. front, sides, or rear yard setback area.
C. Accessory uses and facilities include,but are not B. Residential and Agricultural Zones.In residential
limited to,the following list of examples,provided that each and agricultural zoning districts, accessory buildings and
accessory use or facility shall comply with all provisions of structures may be located in a required interior yard, subject
this title: to the restrictions in Table 19.100.030.
1. Residential garages, and parking facilities,
together with access and circulation elements necessary
thereto; [Table 19.100.030 begins on next page.]
2. Customer,visitor and employee parking facilities,
and off-street loading facilities, together with access and
related elements necessary thereto;
3. Facilities for storage incidental to a principal use;
4. Recreational uses and facilities for the use and
convenience of occupants or employees, or guests thereof,
of a principal use or facility;
5. Newsstands, gift shops, drugstores, and eating
and drinking facilities,or similar services intended solely for
the convenience of occupants or employees, or guests
thereof, of a principal use or facility;
2012 S-33 157
19.100.030 Cupertino -Zoning 158
Table 19.100.030: Site Development Regulations
1. Accessory buildings and structures (including decks and patios)which are attached to principal dwellings
a. Ground level paving, landscape features, and open Excluded from lot coverage regulations
recreational facilities
b. Attached accessory buildings/structures Must meet all site development regulations,
including setbacks, height and lot coverage
regulations applicable to principal dwellings in the
applicable zone.
c. Attachment to principal dwelling Must be structurally integrated with the principal
dwelling.
d. Unenclosed Patio Covers Setback from rear property line = 10 feet
e. Attached Recreational Structures with a floor or a Setback from any property line = 10 feet
step height greater than 18 inches above any point
of the adjoining finished grade
f. First-floor decks and patios, other than described in Setback from any property line = 3 feet
(e) above
g. Second story decks and patios As set forth in each of the individual chapters.
If not identified in that zoning ordinance:
Minimum side yard setback = 15 feet
Minimum rear yard setback = 20 feet
Encroachment into required front yard setback = 3
feet maximum
2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning Districts
a. In R-1, RHS, A and A-1 zones:
i. Area of Accessory Buildings/Structures, not Limited to the gross building area as per Section
including garage space 19.112.030(A)
ii. Basements in Accessory Buildings/Structures Shall count as floor area.
iii. Basement lightwells in Accessory Shall conform to Section 19.28.070
Buildings/Structures
iv. Accessory Buildings/Structures with living space Shall conform to Chapter 19.112
b. Maximum lot coverage 30% of the useable rear yard area
c. Minimum setback from principal dwelling 5 feet (measured between the eaves)
d. Minimum Setback(except for detached recreational buildings/structures in 2(j))
i. Front 20 feet in residential zones
30 feet in agricultural zones
ii. Rear 3 feet
iii. Side Interior side- 3 feet
Street side on corner lot- 15 feet
Street side on corner lot adjacent to key lot- 20 feet
2012 S-31
159 Accessory Buildings/Structures 19.100.030
Table 19.100.030: Site Development Regulations(Cont.)
2. Detached Accessory Buildings/ Structures in R-1, ItHS, A, A-1 and R-2 Zoning Districts (Cont.)
e. For interior lots abutting only one street, in R-2 ar.d No detached accessory building or structure, except
R-3 zones a detached garage, may occupy the front 50% of
the lot area.
f. Small, portable storage buildings less than 6 feet in 1. Setback from principal dwelling unit may be
height, not attached to a building, permanent less than five feet and
foundation or pad 2. Setback from any property line must be at
least three feet.
g. Maximum Height 20 feet(limited to one story)
h. Maximum Wall Plane Height 1. Shall not exceed seven feet beginning at a
three foot setback from rear or side property
lines.
2. The wall plane height may be increased by
one foot for each additional one and one-half
feet of setback(corresponding to a
thirty-three-degree angle), up to a maximum
• wall plane height of fifteen feet, as depicted in
the diagram attached to the ordinance codified
in this title.
i. Walls less than five feet from a property line 1. May have windows if they have obscured
glass or have a sill height above five feet from
the floor.
2. This does not apply to skylights or windows
which face a right-of-way or a non-residential
zoning district.
j. Detached recreational buildings/structures with a Setback from any property line = 10 feet other than
floor or step height greater than eighteen inches affixed play structures in 2(k)below.
above any point at the adjoining finished grade
k. Affixed play structures, such as a swing or climbin3 Allowed in setback area defined in 2(j) above
apparatus provided that:
1. Setback from any property line = 3 feet, and
2. If it does not comply with the requirements of
Sections 19.100.030(B)(2)(h) and(2)(j) above,
shall meet one of the two conditions below:
i. It is adjacent to the front or street side
property line of a corner lot or
ii. If the structure exceeds the requirements
relative to a property line other than the
front or street side property line of a
corner lot, the immediately adjacent
property owner agrees to the location
prior to construction.
(Ord. 2085, § 2(part), 2011)
2012 S-31
Cupertino-Zoning 160
Appendix A: Detached Accessory Buildings and Structures Example
IF—Property line
HEIGHT SETBACK
Accessory Building 7' 3.0'
12 8' 4.5'
9' 6.0'
10' 7.5'
= 11' 9.0'
12' 10.5'
13' 12.0'
14' • 13.5'
15' 15.0'
2012 S-33
19.104.010
CHAPTER 19.104: SIGNS
Section
19.104.010 Purpose and intent. 19.104.300 Enforcement of provisions.
19.104.020 Applicability of regulations. 19.104.310 Nonconforming signs.
19.104.030 Permit required. 19.104.320 Abandoned or discontinued signs.
19.104.040 Sign permit application 19.104.330 Illegal signs-Notice
requirements. required-Summary removal
19.104.050 Sign permit application-Review authorized when.
criteria. 19.104.340 Authority to remove illegal signs in
19.104.060 Inspection requirements. public right-of-way.
19.104.070 Appeals. 19.104.350 Storage of removed signs.
19.104.080 Obstructions prohibited. 19.104.360 Owner responsible for removal,
19.104.090 Construction and maintenance alteration or relocation costs.
specifications. 19.104.370 Illegal signs-Deemed public
19.104.100 Signs exempt from permit nuisance-Court action authorized.
requirements. 19.104.380 Violation deemed infraction-Penalty.
19.104.110 Prohibited signs. Appendix A: Example of How to Figure Size and
19.104.120 Signs in special planning districts. Location of Ground Signs.
19.104.130 Sign program-Applicability, Appendix B: Landmark Signs.
requirements and findings. Appendix C: Examples of Well Proportioned
19.104.140 Permanent wall signs. Signs; Examples of Signs Not Well
19.104.150 Permanent window signs, blade signs Proportioned.
&logos, symbols or insignias.
19.104.160 Ground signs.
19.104.170 Gasoline station signs. 19.104.010 Purpose and Intent.
19.104.180 Electronic readerboard signs, A. The purpose of the sign ordinance is to identify
changeable copy signs, exposed& and enhance businesses while maintaining the aesthetic
visible neon signs, decorative appearance of the City.
statuary and beverage container B. A good sign program will provide information to
recycling signs. the public concerning a particular business or use and will
19.104.190 Signs in and near residential serve the visual and aesthetic desires of the community.
districts. C. The City has adopted this title with the intent to:
19.104.200 Freeway orientation. 1. Provide architectural and aesthetic harmony of
19.104.210 Landmark signs. signs as they relate to building design and surrounding
19.104.220 Design criteria-Permanent signs. landscaping;
19.104.230 Illumination restrictions. 2. Provide regulations of sign dimensions and
19.104.240 Temporary signs-Location. quantity which will allow for good visibility for the public
19.104.250 Temporary signs-Flags, garage and the needs of the business while providing for the safety
sales, political signs and subdivision of the public by minimizing distraction to the motorist and
signs. pedestrian;
19.104.260 Temporary signs-Real estate signs 3. Provide for sign regulations that will be
and project announcement signs. compatible with the building, siting, and the land uses the
19.104.270 Temporary signs-Special event signs are intended to identify;
banners, promotional devices, and 4. Provide for maintenance of existing signs and a
portable signs and displays. program for bringing nonconforming signs into conformance
19.104.280 Temporary window signs. with the standards of this title as changes are made to the
19.104.290 Exception-Findings. signs or businesses;
2012 S-33 161
19.104.010 Cupertino-Zoning 162
5. Provide procedures which will facilitate the 19.104.080 Obstructions Prohibited.
efficient processing of sign applications; and No sign or other advertising structure shall be erected,
6. Provide design criteria which will promote relocated or maintained so as to prevent free ingress to or
attractive and effective signs for Cupertino residents, egress from any door, window, fire escape, driveway,
businesses, employees and visitors. sidewalk or bike path.
(Ord. 2085, §2(part), 2011; Ord. 1987, (part), 2006; Ord. (Ord. 2085, § 2(part), 2011)
1624, (part), 1993)
19.104.090 Construction and Maintenance
19.104.020 Applicability of Regulations. Specifications.
It is unlawful for a sign to be placed, erected, moved, A. All signs shall conform to the building and wind
reconstructed or altered unless made to comply with the load requirements of the Uniform Building Code and
provisions of this title. Uniform Electrical Code as adopted in Title 16 of the
(Ord. 2085, § 2(part), 2011) Cupertino Municipal Code.
B. All signs with internal illumination shall be
19.104.030 Permit Required. constructed of noncombustible materials, be approved by
All signs which are not exempted by Section Underwriters Laboratory(UL), U.S. Bureau of Standards,
19.104.100 require a sign permit to be approved by the or other similar institution of recognized standing, and be
Director. The Director shall review and approve, approve maintained in satisfactory condition or be immediately
with conditions or deny the application within thirty calendar repaired or replaced.
days from receiving an application for a sign. C. All electrical, gas or other utility service and
(Ord. 2085, § 2(part), 2011) other pertinent fixtures shall be placed underground.
D. Guy wires or cable supports used to brace the
19.104.040 Sign Permit Application Requirements. sign shall not be visible to the observer.
An application for sign approval shall, in addition to E. No sign shall be suspended by chains or other
information required in Chapter 19.12, contain information devices that will allow the sign to swing due to wind causing
regarding the size,color and samples, illumination intensity wear on supporting members.
and type,materials,number,location,type of signs,and the F. All signs shall be maintained in safe, unbroken,
location of the business on the site. and structurally sound manner, including the replacement or
(Ord. 2085, § 2 (part), 2011) repair of any defective parts, painting, cleaning and any
other work necessary to maintain the sign and any landscape
19.104.050 Sign Permit Application—Review planter associated with the sign.
Criteria. (Ord. 2085, § 2 (part), 2011)
The Approval Body shall review the sign application to
ensure that the following criteria are met: 19.104.100 Signs Exempt from Permit
A. The proposed sign meets the requirements of this Requirements.
title or any special conditions imposed in the development. The following signs do not require a permit from the
B. The proposed sign's color and illumination is not City,providing they comply with the following regulations:
in conflict with the safe flow of traffic on the City streets. A. Directory Signs. Directories located within the
C. The sign is in conformance with the Design interior of a project which are not oriented to a public street;
Criteria in Section 19.104.220. B. Garage Sale Signs. Garage sale signs subject to
(Ord. 2085, §2 (part), 2011) the limitations in Section 19.104.250 and Chapter 5.16 of
this code;
19.104.060 Inspection Requirements. C. Governmental Signs. Governmental signs for
The Building Inspector or Planner shall have the control of traffic and other regulatory purposes,street signs,
authority to review the light intensity of all illuminated signs danger signs, railroad crossing signs, and signs of public
with the power to require reduction of the light intensity to service companies indicating danger and aids to service or
ensure that the sign's illumination does not exceed the safety;
illumination standards as regulated by Section 19.104.230. D. Identification Signs. Identification signs for a
(Ord. 2085, §2 (part), 2011) business or profession which are not illuminated, and which
are less than two square feet in area, located on portions of
19.104.070 Appeals. a building, shopping mall or office complex;
A decision by the Approval Body regarding the E. Information Signs. Informational or directional
approval or revocation of a sign permit or removal of a sign signs which are located entirely on the property to which
may be appealed pursuant to Chapter 19.12.
(Ord. 2085, § 2 (part), 2011)
2012 S-33
182A Signs Appendix A
APPENDIX A: EXAMPLE OF HOW TO FIGURE
SIZE AND LOCATION OF GROUND SIGNS
Building Frontage A
50 ft
Sidewalk Site Triangle Setback
Center 50% 35.5 ft.
XI /
130 ft.Stree:Frontage
1 Ground Sign Allowed:130 ft
Maximum Sign Area:32.5 sq.ft.(130 ft/4=32.5)
Sign Location:Center 50%begins at 32.5 ft.from side property lines.
'I
5 ft.
(sign
8 ft.(Total height)
Sign Height)
10300 5"min.
Curb 1/
Sign Area:5 x 6.5=32.5 sq.ft.
Sign Area equals height of sign face times length of sign face.(excluding base)
Overall height of sign is measured from the closest curb.
2012 S-33
Appendix B Cupertino- Zoning 182B
APPENDIX B:LANDMARK SIGNS
1. Loree's Shopping Center-19068 Stevens Creek Boulevard(APN:375 07 046)
2. Kerley's-20301 Stevens Creek Boulevard(APN:316 25 038)
3. Cupertino Crossroads-20610 Stevens Creek Boulevard(APN:375 07 046)
4. Vallco Freeway-oriented Sign- (APN:316 20 092)
5. Yoshida Restaurant-10700 S.De Anza Boulevard(APN:36669 029)
6. Yamagami Nursery-1361 S.De Anza Boulevard(APN:36619 047)
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2012 S-33
182C Signs Appendix C
APPENDIX C:
EXAMPLES OF WELL PROPORTIONED SIGNS
EXAMPLES OF SIGNS NOT WELL PROPORTIONED
A
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S
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At
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Examples of Well Proportioned Signs
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Examples of Signs not Well Proportioned
2012 S-33
19.112.010
CHAPTER 19.112: SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
Section
19.112.010 Purpose. 19.112.020 Applicability of Regulations.
19.112.020 Applicability of regulations. Notwithstanding any provision of this title to the
19.112.030 Site development regulations. contrary, a second dwelling unit is permitted on lots in R-1,
19.112.040 Architectural review. RHS, A and A-1 zoning districts, provided that in addition
19.112.050 Nonconforming and illegal second to complying with the site development regulations specified
dwelling units. in those districts for dwelling units, such second dwelling
unit complies with the regulations contained in this chapter
and Chapter 19.80.
19.112.010 Purpose. (Ord. 2085, §2(part), 2011; Ord. 1901, (part), 2002; Ord.
The purpose of this chapter is to promote the goal of 1601, Exh. A (part), 1992)
affordable housing within the City through provision of
additional housing in certain residential and agricultural 19.112.030 Site Development Regulations.
zoning districts which would otherwise be prohibited in Site Development Regulations for Second Dwellings
those districts, in a manner which minimizes adverse are as identified in Table 19.112.030.
impacts to neighborhoods.
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
1992)
Table 19.112.030: Site Development Regulations
Lots < 10,000 s.f Lots z 10,000 s.f.
A. Maximum size of living space, exclusive of 640 s.f. 800 s.f.
decks and garages
B. Location Must be attached to the May be attached or detached.
principal dwelling and If detached must conform with
integrated with it unless it Section 19.112.050.
conforms with Section
19.112.040.
C. Direct Outside Access Must be provided without going through the principal dwelling.
D. Screening from a public street All accessed to secondary units shall be screened from a public
street.
E. Second-story second dwelling unit Allowed if:
a. It is attached to the primary residence
1). Entry to the second dwelling unit is not provided by
an exterior staircase; and
c. In the opinion of the Director of Community
Development, the second unit does not result in
privacy intrusion to adjoining dwellings.
2012 S-33 193
19.112.030 Cupertino -Zoning 194
Table 19.112.030: Site Development Regulations (Cont.)
Lots < 10,000 s.f I Lots z 10,000 s.f.
F. Parking One additional off-street parking space shall be provided, if the
principal dwelling unit has less than the minimum off-street
parking spaces for the applicable residential zoning district in
which it is located, as required in Chapter 19.124.
(Ord. 2085, §2 (part), 2011)
19.112.040 Architectural Review.
Prior to issuance of a building permit for a second
dwelling unit, the Director of Community Development
shall review the architecture of the proposed dwelling and
shall determine that:
A. The design of the proposed second dwelling unit
is consistent with the architecture of the principal dwelling;
B. The building materials of the proposed second
unit are compatible with the materials,color and textures of
the principal dwelling;
C. The proposed second dwelling unit will not
require excessive grading which is visible from a public
street or adjoining private property.
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part),
1992)
19.112.050 Nonconforming and Illegal Second
Dwelling Units.
A. A second dwelling which was constructed prior
to the enactment by the City of any ordinance which
regulates second dwellings in R-1, RHS, A or A-1 zoning
districts but which was constructed in conformance with
applicable site development and building code regulations in
effect at the time of construction is governed by the
provisions of Chapter 19.140.
B. Illegal Second Units. A second dwelling which
was constructed without a building permit or in conflict with
the applicable site development or building regulations at the
time of construction may only be permitted upon the owner
of such a unit obtaining approval of the Design Review
Committee, based upon the Architectural review criteria
stated in Section 19.112.040.
(Ord. 2085, §2(part),2011;Ord. 1901, (part),2002; Ord.
1601, Exh. A (part), 1992)
2012 S-31
207 Parking Regulations 19.124.030
Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones (Cont.)
3. Parking within Structures Vehicles are permitted to be placed, kept or parked in
any legal structure, provided that A(4)(ii) is met.
4. Non-Self-Propelled Vehicles i. A maximum of two such vehicles are permitted to
be placed, kept or parked outside a legal structure
on a lot.
ii. A maximum of one such vehicle can occupy a
required parking space inside a legal structure.
5. Enclosed Garage Size i. Shall consist an internal area encompassing two
parking spaces measuring ten feet by twenty feet
each(a total of 20 feet by 20 feet) and
ii. Shall provide unobstructed (i.e., by walls,
appliances, etc.) between six inches from finished
floor up to six feet from finished floor.
6. Legal Non-conforming Single-family Dwelling May continue their nonconformity provided that the
Garages square footage necessary to legalize the garage based on
this section of the ordinance be reserved from the
allowable floor area ratio for a future garage upgrade.
7. Mobilehomes Mobilehomes, excluding travel trailers, are not
permitted within the residential zones of the City,
except in a mobilehome park or as provided by State
law.
8. Living or Sleeping Quarters No vehicle shall be used for living or sleeping quarters,
except as permitted below.
a. Mobilehome park Vehicles located in a mobilehome park and used
consistent with any City regulations applicable to
mobilehome parks are permitted.
b. Trailers, Campers or Recreational Vehicles Trailers, campers or recreational vehicles may be used
by a bona fide guest of a City resident for a period not
to exceed seventy-two hours where the trailer, camper
or recreational vehicle is located on the resident's
property.
B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in Nonresidential Zones.
1. Parking consistent with allowed uses in that zone It is unlawful for any person to place, keep or maintain
or permit to be placed, kept or maintained, any vehicle
upon any lot, place or parcel of land within the
nonresidential zones of the City, except for storage, sale
or business use as permitted in such zones.
2. Construction Trailers Trailers may be used for temporary offices on
construction sites provided that a permit is obtained from
the City Building Department after satisfactory
information has been given that the use is in compliance
with the conditions of this chapter.
2012 S-31
19.124.030 Cupertino-Zoning 208
3. Loading and Unloading and Utility Vehicles The provisions of this chapter are inapplicable to active
loading or unloading of any vehicle or to any public
service or utility company vehicles while in the
performance of service or maintenance work.
4. Parking on Vacant Lots No vehicle may be parked, kept, or stored upon any
vacant or unimproved parcel within the City.
5. Other Parking Regulations As outlined in Title 11 of the Municipal Code
(Ord. 2085, §2(part), 2011)
19.124.040 Regulations for Off-Street Parking.
Table 19.124.040 sets for the rules and regulations for Off-Street Parking.
Table 19.124.040-Regulations for Off-Street Parking
A. Parking Ratio and Dimensions Table 19.124.040(A)defines the minimum and maximum required
number of parking spaces by size and type for specific zoning districts
and use within districts.
B. Residential Lots Fronting on If no on-street parking is available, two additional off-street spaces
Public or Private Streets are required.
C. Large-Family Day Care Home Requirements are in addition to minimum requirements of the zoning
district.
May be on-street, in front of provider's residence.
If the provider is relying on on-street parking and the roadway
prohibits on-street parking, a semi-circular driveway may be
provided, subject to other provisions of the Municipal Code.
1. Non-resident Employee Parking Minimum of one parking space for each non-resident employee.
2. Drop-off Parking Minimum of one parking space with direct access to the unit, not
crossing a street.
D. Aisle Dimensions Aisle dimension shall be as required by standard details adopted by
the City Engineer and shown in Table 19.124.040(B)
E. Loading Areas Loading areas, truck parking spaces and parking spaces for vehicles
other than automobiles shall have ample dimensions for the particular
use and type of operation, and be designed as required by the City
Engineer except in the case of loading areas in the OP and MP zones
which are specified in Chapters 19.68 and 19.72.
F. Planned Development Districts The parking requirement contained in Table 19.124.040(A)functions
as guidelines for projects in planned development zoning districts.
G. Mixed-Use and Shared Parking The minimum parking requirement for developments with more than
one land use, or parking facilities being used by one or more
properties, shall be determined using Table 19.124.040(C).
H. Alternative Parking Standards For all projects not meeting parking requirements in Table
19.124.040(A), (B)or (C), alternative parking arrangements may be
approved per Section 19.124.060C
2012 S-33
209 Parking]Regulations 19.124.040
Table 19.124.040-Regulations for Off-Street Parking(Cont.)
Tandem, Valet and Other Tandem, Valet, and other special forms of parking may be approved
Special Parking Arrangements per Section 19.124.060C.
J. Minimum Stall Dimensions in Uni-size space located in a parking garage or other enclosed parking
Parking Structures structure intended for non-residential uses is eight and one-half(8.5)
feet by eighteen (18) feet.
1. Space adjacent to a wall or Nine feet )y eighteen feet.
structure on one side
2. Space adjacent to a wall or Nine and one-half feet by eighteen feet.
structure on both sides
K. Accessible Parking for the The accessible parking requirement for the disabled is embodied in
Disabled Section 1129 B of the California Building Code, as amended, is
hereby incorporated into this chapter by reference.
L. Heavy Equipment 1. May only be stored within entirely enclosed structures or behind
six-foot-high fencing in interior side yard and rear yard setback
areas; and
2. In no case shall these items be visible from the street even when
placed in permitted areas.
3. The provisions in L(1) and L(2) shall not apply to heavy
equipment stored on site that is being used for construction or
installation of improvements with a valid building or grading
permit.
M. Other Regulations Outlined in.Title 11 of the Municipal Code.
N. Landscape Requirements Applicable to all new centers and centers with a twenty-five percent
or greater increase in floor area or a twenty-five percent or greater
change in floor area resulting from use permit or architectural and site
approval within twelve months shall be required to meet the following
minimum landscape requirements.
However, the Planning Commission and/or City Council may
recommend additional landscaping.
1. Minimum Interior Landscaping As required in Table 19.124.040(N)(1)below:
Table 19.124.040(N)(1):
Size of Parking Facility Landscaping
(Sq. Minimum Required (% of Total Parking
Interior Ft.) Facility Area)
Under 14,999 5%
15,000- 29,000 7.5%
30,000 plus 10%
2. Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five
parking stalls for every ten spaces in a single row.
ii. Only fifty percent of the trees located along the perimeter of the
parking area may count towards the required number of trees.
iii. A parking facility with larger trees with high canopies may be
allowed to increase the number of parking stalls (up to 10 parking
stalls per tree)depending on the size of the tree and canopy size.
2012 S-33
19.124.040 Cupertino-Zoning 210
Table 19.124.040-Regulations for Off-Street Parking (Cont.)
N. (Cont.)
3. Landscape Planter Strip At least three feet wide by the length of the parking space.
4. Placement of Trees Shall be offset to prevent vehicles from bumping into them. The
Planning Department shall review and approve final tree locations.
5. Landscape Buffer (inclusive of i. When parking lot is adjacent to a street, landscape buffer = ten
curbing and vehicle overhang feet wide
allowance) ii. When adjacent to a side or rear property line, landscape buffer =
five feet wide,
iii. Buffer between double loading stalls = four feet.
6. Flat and Raised Curbs, Wheel i. Landscape areas shall be enclosed by a six-inch wide continuous
Stops and Overhang into flat curb allowing parking lot run off into landscaping area,
landscaped areas infiltration islands or swales.
ii. Concrete wheel stops shall be placed on top of the flat curb and
shall be provided at a rate of one per two stalls.
iii. Landscape planter strips at the end of the parking aisles adjacent
to a driveway shall be enclosed by a six-inch raised concreted
curb with drainage outlets to help delineate the driveways or
aisles.
iv. Parking stall length may be decreased by up to two feet but must
provide an equivalent vehicle overhang into landscaped areas.
7. Planter Strips i. Curbed planter strips shall be provided at the end of each parking
aisle.
ii. Landscape planter strip shall be at least three feet wide and the
length of a parking stall.
8. Pedestrian Paths Where appropriate, provision shall be made to ensure that adequate
pedestrian paths are provided throughout the parking lot/landscaped
areas.
9. Minimum Tree Size Trees require to meet any section of this title shall be a minimum of
fifteen gallon size.
10. Tree Protection All trees shall be protected by wheel stops, curbing, bollards or other
similar barriers as appropriate.
11. Maintenance All landscaping shall be continuously maintained.
O. Swales and Permeable Surfaces In order to reduce urban runoff and provide water quality benefits in
parking lots, all new parking lots or any substantial alterations to
existing parking lots shall incorporate the following design measures
to the maximum extent possible:
1. Bio-swales Incorporate bio-swales in the required landscaping buffers.
2012 S-31
19.136.010
CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES
Section
19.136.010 Purpose. in conformance with the provisions of this chapter and other
19.136.020 Applicability of regulations. applicable provisions of this title.
19.136.030 Site locations. (Ord. 2085, §2(part), 2011; Ord. 2038 (part), 2009; Ord.
19.136.040 General site development 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)
regulations.
19.136.050 Specific site development 19.136.030 Site Locations.
regulations. A. Residential and Home Occupation Aerials.
19.136.060 Design and site review. 1. Aerials intended for the private use of onsite
19.136.070 Application requirements. residents and guests and for home occupation purposes are
19.136.080 Permitting procedures and conditions allowed on all residentially zoned and used properties.
of approval. B. Commercial, Office, Industrial, Public Utility
19.136.090 Height exceptions-Findings. Aerials.
19.136.100 Appeals 1. Aerials intended for commercial, office,
industrial and public use are prohibited on residentially
zoned and used properties, except the RHS zoning district.
19.136.010 Purpose. Aerials may also be allowed on common-interest areas of
This chapter establishes regulations pertaining to the residential or mixed-use planned development zoned
location, siting, development, design and permitting of properties subject to homeowner association approval, in
wireless communications facilities for all zones existing in accord with the permit requirements of Section 19.136.080.
this City in order to: 2. Such aerials may be allowed in all other zoning
A. Facilitate the development of a wireless districts pursuant to permitting procedures established under
communications infrastructure in the City for commercial, Section 19.136.080.
public and emergency uses, and 3. Such aerials are allowed on utility poles and
B. Protect the health, safety, welfare and aesthetic towers,regardless of the zoning district,as long as the aerial
concerns of the public. complies with Section 19.136.070(C).
(Ord. 2085, §2(part), 2011; Ord. 2038 (part), 2009; Ord. (Ord. 2085, § 2(part), 2011; Ord. 2038 (part), 2009; Ord.
1736, (part), 1996; Ord. 1601, Exh. A (part), 1992) 1736, (part), 1996)
19.136.020 Applicability of Regulations. 19.136.040 General Site Development Regulations.
This chapter shall apply to all types of aerials and Provisions in Table 19.136.040 apply to all residential
associated facilities used for wireless communications, that and home occupation, commercial, office, industrial and
is, the transmitting and/or receiving of voice, data, video public utility aerials.
images and other information through the air via signals in
the radio and microwave frequency band. This includes [Table begins on next page.]
aerials for amateur radio, television, wireless modems,
cellular phones,enhanced specialized mobile radio(ESMR),
personal communications services (PCS), paging systems,
satellite communications and other wireless communication
technologies utilizing signals in the radio and microwave
frequency band. No wireless communication facility:
antennas, masts, towers and associated equipment shall be
hereafter erected, structurally altered or enlarged other than
2012 S-31 223
19.136.040 Cupertino- Zoning 224
A. Aerials Aerials shall not exceed a height of fifty-five feet above finished grade measured at the mast
base, unless otherwise provided in accordance with Section 19.136.050.
B. Antenna 1. An antenna consisting of a single vertical element not more than four inches in diameter
in lieu of a horizontal arrangement shall be exempt from the height restriction.
2. Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach
upon an easement without the written consent of the owner of the easement which shall
be attached to the application for a building permit.
C. Masts and Towers 1. Wood towers shall not be erected.
2. The number of towers, and detached masts exceeding eight inches in diameter at the base
and thirty feet in height above ground level, shall be limited as follows:
Lot Size Maximum Number of Towers and Detached Masts
a. < 30,000 square feet One.
b. Z 30,000 square feet Two.
Additional towers, and detached masts, above two, not
meeting the criteria stated in Section 19.136.040(C)(2)
require permits in accord with Section 19.136.080.
(Ord. 2085, § 2 (part), 2011)
19.136.050 Specific Site Development Regulations.
Table 19.136.050 sets forth the rules and regulations for the development of personal wireless communication facilities.
Table 19.136.050-Specific Site Development Regulations
A. Minimum Setbacks and Height Limits
1. Residential and Home Occupation Aerials
a. Aerials with panel or Shall comply with the setbacks and height limits for accessory
dish antennas of more structures.
than ten square feet
b. Masts and towers Shall be located at least ten feet to the rear of the front building
setback line and shall be set back at least six feet from any property
line.
2. Commercial, Office, Industrial, Public Utility Aerials
a. Aerials mounted on May extend six feet above the building parapet wall.
buildings that exceed An additional one foot of height is allowed for every ten feet that the
aerial height limits in aerial is setback from the parapet, to a maximum height of ten feet
Section 19.136.040 above the building parapet, before a height exception is required
2012 S-33
225 Wireless Communications Facilities 19.136.050
Table 19.136.050-Specific Site Development Regulations (Cont.)
A. Minimum Setbacks and Height Limits (Cont.)
b. Free-standing or Building Mounted Aerials
Location Non-residentially zoned property Residentially zoned
Type of Aerial property
'Ty
Detached Masts and Towers, 75 feet horizontally from residentially 75 feet horizontally from
except for utility poles and zoned property or a distance equal to residentially zoned
towers used as aerials one foot for every one foot of structure property or a distance
height, whichever is greater equal to one foot for every
one foot of structure
height, whichever is
greater
Building Mounted Aerials 75 feet horizontally from any 75 feet horizontally from
residentially zoned property any residentially zoned
property
c. Base Equipment Stations Shall comply with Chapter 19.100 and Chapter 10.48, Community
Noise Control
(Ord. 2085, § 2(part), 2011)
19.136.060 Design and Site Review. K. Opportunities to develop context-appropriate,
For aerials requiring discretionary review,the primary artistically enhanced aerial designs;
review objectives are to ensure the goals of Section L. Screening of highly visible rooftop-mounted
19.136.010 are met and to blend the design of the aerial into aerials; and
the surrounding environment, or site the aerial in such a M. Balancing of aesthetic concerns with the need to
manner to minimize the visual intrusiveness of the structure provide a functional communications system.
or artistically enhance the appearance of the aerial. This (Ord. 2085, § 2(part), 2011; Ord. 2038(part), 2009; Ord.
review may include, but not be limited to, the following 1736, (part), 1996)
criteria:
A. Gaps in coverage that would create emergency 19.136.070 Application Requirements.
communication problems; In addition to the standard application requirements in
B. Viability of alternative locations, such as Chapter 19.12,the applicant may be required to provide the
commercial, industrial, office, and public building sites; following additional materials:
C. Method of antenna-mounting, that is, A. If more than one aerial is planned in the City
wall-mounting, roof-mounting or a freestanding structure; within a year by a single communication service provider,
D. Colors, materials and textures to integrate the a master plan shall be prepared of all facilities that can be
aerial into the surrounding environment or building; reasonably foreseen, showing the proposed aerial sites and
E. Landscaping to screen the aerial; existing commercial, office, industrial and public utility
F. Proximity and visibility of the aerial to residential aerial locations within a one mile radius of the proposed
properties and public rights-of-way; sites. The purpose of this requirement is to identify
G. Dispersal of aerial locations to avoid visual opportunities for clustering, dispersal and collocation of
clutter; aerials to reduce visual intrusiveness;
H. Concentration of aerial locations to avoid visual B. Erection of a mock aerial,computer simulation or
clutter; sight-line elevations for all aerials to help assess the visual
I. Opportunities for collocation of aerials on existing effects; and
masts and towers where visual intrusiveness is reduced; C. Documentation that the technology and usage of
J. Design of the building or enclosure,which houses that technology meets Federal Communications Commission
the related base equipment and its compatibility with the adopted safety standards.
adjoining building architecture; (Ord. 2085, §2(part), 2011; Ord. 2038 (part), 2009; Ord.
1736, (part), 1996)
2012 S-33
19.136.080 Cupertino -Zoning 226
19.136.080 Permitting Procedures and Conditions of Approval.
Table 19.136.080 sets forth the permitting requirements for detached and building mounted aerials. All permits shall be
processed in accord with the requirements of Chapter 19.12.
Table 19.136.080: Permitting Procedures and Conditions of Approval
Type of Aerial Permit Required
A. In all zoning districts
1. Aerials that exceed maximum height limits Height Exception, except as otherwise provided in Section
19.136.050
2. Masts and Towers identified in 19.136.040 Development Permit approved by Planning Commission
(C)(2)(b)
B. In zoning districts that require design review, aerials that are:
1. Minimally visible to residential properties and Administrative Approval
public rights-of-way
2. Building mounted, and moderately visible to The Director of Community Development, in his or her
residential properties and public rights-of-way discretion, may refer an application to the Planning
Commission for review and approval
3. Detached and are moderately to highly visible Development Permit approved by Planning Commission
to residential properties and public
rights-of-way
4. Aerials located in the common-interest areas of Use Permit approved by Planning Commission
residential or mixed-use planned development
zones
C. Conditions of Approval
1. Collocation All commercial, office, industrial, and public utility aerial
mast and tower approvals shall be conditioned to allow
the collocation of aerials and related facilities of other
commercial, office, industrial, and public utility users
where appropriate and feasible.
2. Abandonment All City approvals for new aerials and modifications of
existing aerial approvals shall be conditioned to require
the removal of the aerial, its associated facilities and
restoration of the land to its former condition if the aerial
is not used for its permitted purpose for a period of
eighteen months. The property owner or applicant shall
bear the entire cost of demolition and land restoration.
D. Technology, Information and Communications The Approval Body, in its review, shall seek the technical
Commission consultation of the designated member or members of the
Technology, Information and Communications
Commission.
(Ord. 2085, §2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
2012 S-31
•
19.156.010
CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES
Section
19.156.010 Application for development permit. B. If the application is for a variance, plans and/or
19.156.020 Application for conditional use descriptions of existing and proposed construction on the
permit or variance. property involved, together with a statement of the
19.156.030 Approval authority. circumstances which justify the various applications.
19.156.040 Planned development permit and (Ord. 2085, § 2 (part), 2011)
conditional use permit-Findings and
conditions. 19.156.030 Approval Authority.
19.156.050 Variance-Findings and conditions. A. For development permits and variances, the
19.156.060 Expansion or modification of Approval Body shall be as specified in Section 19.12.030.
planned development or conditional B. For all conditional use permits subject to this
use permits. chapter, the Approval Body shall be as specified in the
19.156.070 Change of use. chapter of this code that specifies the permitted,conditional
and excluded uses for the zoning designation that applies to
the property in question.
19.156.010 Application for Development Permit. (Ord. 2085, § 2 (part), 2011)
A. Applications for a development permit, shall be
made in accord with the requirements of Chapter 19.12, and 19.156.040 Planned Development Permit and
shall additionally contain the following: Conditional Use Permit-Findings and
1. A description and map showing the location of the Conditions.
property for which the permit or variance is sought; A. The decision maker may grant a planned
2. If the application is for a development permit development permit or a conditional use permit only if all of
and/or a conditional use permit,plans and/or descriptions of the following findings are made:
existing and proposed uses of the property, proposed 1. The proposed development and/or use, at the
traffic-circulation system, topographical map of the site and proposed location, will not be detrimental or injurious to
the neighboring properties, landscape plan in accord with property or improvements in the vicinity, and will not be
Chapter 14.18, Landscaping Ordinance,describing in detail detrimental to the public health, safety, general welfare, or
the nature of the use proposal to be conducted on the convenience;
property; 2. The proposed development and/or use will be
3. If the application is for a variance, plans and/or located and conducted in a manner in accord with the
descriptions of existing and proposed construction on the Cupertino Comprehensive General Plan, underlying zoning
property involved, together with a statement of the regulations, and the purpose of this title and complies with
circumstances which justify the various applications. the California Environmental Quality Act(CEQA).
(Ord. 2085, § 2 (part), 2011) (Ord. 2085, § 2 (part), 2011)
19.156.020 Application for Conditional Use Permit 19.156.050 Variance-Findings and Conditions.
or Variance. A. The Director may grant a variance from the site
In addition to all information required pursuant to development regulations,the parking and loading regulations
Section 19.12.080, the following information shall be or the special requirements of this title applicable within any
provided: district, if the Director finds:
A. If the application is for a conditional use permit, 1. There are special circumstances applicable to the
plans and/or descriptions of existing and proposed uses of property (including size, shape, topography, location or
the property, and describing in detail the nature of the use surroundings)that do not apply generally to property in the
proposal to be conducted on the property; same district.
2012 S-33 245
19.156.050 Cupertino-Zoning 246
2. The special circumstances applicable to the not change how the property interacts with neighboring
property deprive the property of privileges enjoyed by other properties.
property in the vicinity and under identical zoning 2. A change from a permitted use or a conditionally
classification. permitted use to a different conditional use requires the
3. The issuance of the variance will not constitute a issuance of separate conditional use permit.
grant of special privileges inconsistent with the limitations (Ord. 2085, § 2 (part), 2011)
upon other properties in the vicinity and zoning in which
such property is situated.
4. The variance is not being issued for the purpose
of allowing a use that is not otherwise expressly authorized
by the zone regulation governing the parcel of the property.
5. The granting of the application will not be
detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health,
safety, and general welfare, or convenience, and to secure
the purpose of the title.
6. The proposed development and/or use will be
located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan,and the purpose of
this title and complies with the California Environmental
Quality Act (CEQA).
(Ord. 2085, § 2 (part), 2011)
19.156.060 Expansion or Modification of Planned
Development or Conditional Use
Permits.
A. Any significant expansion in building size on site
area of a planned development or any significant increase of
a conditional use shall necessitate the issuance of a new
planned development permit or conditional use permit for
the expansion in accord with the provisions of this chapter.
B. Any modification to a previously approved
planned development permit shall require an application for
a modification to the original permit and shall be processed
pursuant to the requirements of this chapter, unless the
application is diverted for administrative approval,pursuant
to Chapter 19.164.
C. No applications for a planned development permit
or conditional use permit shall be necessary for existing uses
which were lawful conforming permitted uses and which
were rendered conditional by reason of rezoning or change
to this title, provided that any expansion in the building site
or site area of such use shall be subject to the issuance of a
planned development permit or conditional use permit in
accord with this chapter.
(Ord. 2085, §2(part), 2011)
19.156.070 Change of Use.
1. A change from a conditional use or a permitted
use to another permitted use requires a modification of the
planned development permit, unless the proposed use does
not change the general appearance of the project and does
2012 S-31
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 2092 Amends Ch. 14.12, trees (14.12)
stops at certain intersections (11.20) 2093 Amends 2.28.090 suspension-
2083 Amends 19.60.010, 19.60.080, removal—resignation(2.28)
19.60.090, 19.60.100 related to the 2094 Amends 6.24.020 and 6.24.300; adds
streamlining and codification of ML-rc 6.24.035 regarding garbage and
(19.60(Repealed by Ord. 2085)) recycling collection and disposal (6.24)
2084 Rezoning certain land(Not codified) 2095 Amends Ch. 9.06, massage
2085 Amends Ch. 2.90; adds Ch. 9.16; establishments and services (9.06)
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-33
13 Index
FIRE MARSHAL, COUNTY Permit
Weed abatement See Development
assessment Planning, community development director
collection authority 9.08.100 See also PLANNING DIRECTOR
hearing, submittal of record 9.08.090 duties designated 16.52.021
notice distribution 9.08.080 Recordkeeping
recordkeeping duty 9.08.070 See Planning,community development director
duty 9.08.060 Residential requirements
notice mailing 9.08.040 See New construction
Subdivisions proposals 16.52.044
FIREWORKS Utility requirements 16.52.043
Defmitions 10.24.010 Variance
Exceptions 10.24.030 See Appeal, variance
Prohibitions 10.24.020 Violation, penalty 16.52.060
Violation, penalty 10.24.080 Watercourse alteration
See Planning,community development director
FLOOD DAMAGE PREVENTION
Anchoring requirements 16.52.041 FOOD ESTABLISHMENT
AO zone requirements 16.52.054 See RESTAURANT
Appeal, variance
generally 16.52.030 FRANCHISE
variance conditions 16.52.035 Cable television
Applicability of provisions 16.52.011 See CABLE AND VIDEO SERVICES
Compliance with provisions required 16.52.012 California water service
Definitions 16.52.010 designated 6.16.010
Development gross annual receipts, percentage payment to
permit required when, application city 6.16.050
requirements 16.52.020 maintenance
permit review notice 6.16.020
See Planning, community development required 6.16.030
director term 6.16.040
Firm Cupertino garbage company
See Flood insurance rate map See GARBAGE
Floodway restrictions 16.52.055 Electricity
Habitable floor elevation definitions 6.08.010
See New construction designated 6.08.020
Interpretation of provisions 16.52.013 granting authority 6.08.070
Liability disclaimer 16.52.014 gross receipts
Manufactured home percentage payment to city 6.08.050
anchoring requirements total, report required 6.08.060
See Anchoring requirements maintenance requirements 6.08.030
requirements 16.52.053 term 6.08.040
New construction Garbage
anchoring See GARBAGE
See Anchoring requirements Gas
habitable floor elevation definitions 6.12.010
nonresidential requirements designated 6.12.020
16.52.052 granting authority 6.12.070
residential requirements 16.52.051 gross receipts
material method requirements percentage payment to city 6.12.050
16.52.042 total, report required 6.12.060
Nonresidential requirements maintenance requirements 6.12.030
See New construction term 6.12.040
2010 S-27
Cupertino-Index 14
Pacific Gas and Electric Company franchise
See Electricity grant, scope, authority 6.24.120
See Gas interference prohibited 6.24.310
San Jose waterworks mandatory, owner responsibilities
designated 6.20.010 6.24.030
gross annual receipts, percentage payment to unauthorized use prohibited
city 6.20.050 6.24.320
maintenance Compostable materials and recyclables 6.24.060,
notice 6.20.020 6.24.070
required 6.20.030 Container
term 6.20.040 inappropriate, additional charges when
Water 6.24.080
See California water service standards, use regulations 6.24.070
See San Jose waterworks trash enclosure required when, requirements
6.24.305
FUND Definitions 6.24.020
Investment 2.24.050 Delinquent account
Special gas tax street improvement appropriation account created, purpose, use
See SPECIAL GAS TAX STREET 6.24.280
IMPROVEMENT FUND collection, procedure 6.24.180
lien
See also collection, procedure
initiation 6.24.190
GARAGE, PATIO SALE recordation 6.24.230
Definitions 5.16.020 lien hearing
Enforcement 5.16.060 city council hearing 6.24.220
Findings 5.16.010 finance director hearing 6.24.220
Goods display 5.16.050 notice 6.24.200
Limitation 5.16.030 notice 6.24.170
Sign special assessment
See also SIGN collection as, when 6.24.240
regulations generally 19.104.250 collection procedure 6.24.270
restrictions 5.16.040 levy, procedure 6.24.260
Violation report, contents 6.24.250
penalty 5.16.070 Disposal
presumption 5.16.041 explosive, hazardous materials 6.24.100
frequency 6.24.050
GARBAGE methods designated 6.24.060
Administration, enforcement, regulations adoption unauthorized 6.24.110
6.24.325 Franchise
Burning, restrictions 6.24.090 See Collection service
Collection Purpose of provisions 6.24.010
See also Specific Subject Recycling, mandatory for multi-family dwelling
unauthorized, prohibited 6.24.300 residential developments and commercial
Collection service charges business structures 6.24.035
See also Delinquent account Recycling center, operation, use 6.24.290
mandatory, owner responsibilities Violation, penalty 6.24.330
establishment, collection 6.24.150
failure to pay, effect 6.24.160 GAS
commencement, time limits 6.24.040 See FRANCHISE
TOXIC GASES
GENERAL PENALTY
See PENALTY, GENERAL
2012 S-33
17 Index
HOUSING COMMISSION LANDSCAPING
Chairperson, vice-chairperson, selection, term Applicability 14.15.020
2.86.050 Audit of existing landscapes larger than
Compensation 2.86.070 One acre 14.15.100
Effect of provisions 2.86.130 Definitions 14.15.030
Established, composition 2.86.010 Intent 14.15.010
Meetings Landscape and irrigation maintenance 14.15.090
See also Procedural rules Landscape installation report 14.15.080
regulations generally 2.86.060 Landscape project submittal 14.15.040
voting, requirements 2.86.080 Penalties 14.15.120
Members Public education 14.15.110
See also Specific Subject Soil analysis 14.15.070
selection, qualifications, residency 2.86.020 Water budget calculation 14.15.060
Power, duties, responsibilities generally 2.86.100 Water-efficient design element 14.15.050
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090 LIBRARY COMMISSION
Staff assistance 2.86.110 Compensation 2.68.050
Term of office 2.86.030 Duties, powers, responsibilities 2.68.070
Vacancy, filling 2.86.040 Effect 2.68.080
Established 2.68.010
--I-- Meetings, quorum 2.68.040
Records 2.68.060
IMPROVEMENTS, STREET Term of office 2.68.020
See STREET IMPROVEMENT Vacancy, removal 2.68.030
INSPECTION LICENSE
Exemption from provisions 1.08.020 See also PERMIT
Notification of rights 1.08.030 Bicycle 11.08.020
Warrant required 1.08.010 Bingo 5.32.270
Business
--J-- See BUSINESS LICENSE
Cat 8.08.350
JUNKYARD Commercial advertising 10.52.060
Business license Dog 8.08.260
See also BUSINESS LICENSE
fee 5.04.350 LIQUOR
Alcoholic beverages, gasoline concurrent sales
--K-- appeals 19.132.070
applicability of provisions 19.132.020
KENNEL conditional use permit
See ANIMAL findings, basis 19.132.050
grant criteria 19.132.030
L-- hearing 19.132.040
purpose of provisions 19.132.010
LAND DEVELOPMENT PLANNING restrictions generally 19.132.060
See also ZONING Consumption, open container possession
Specific plans prohibitions 10.49.010
applicability 20.04.020 Violation, penalty 10.49.020
contents 20.04.050
fees 20.04.060 LOADING ZONES
preparation, adoption, amendment, repeal See PARKING
20.04.030
purpose 20.04.010
zoning district designation 20.04.040
2012 S-31
Cupertino-Index 18
Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
MANAGER, CITY License, permit
Abandoned, inoperative vehicle See also MTO certificate, Permit
enforcement 11.04.040 application 9.06.050
removal authority 11.04.061 documentation 9.06.055
storage notice 11.04.130 fee 9.06.060
Animal control grounds for denial 9.06.070
administrative authority 8.01.040 expiration and renewal 9.06.065
seizure hearing 8.06.040 required 9.06.040, 9.06.041
Approved street tree enforcement 14.16.080 suspension or revocation
Bicycle appeals 9.06.220
enforcement 11.08.030 grounds 9.06.200
lanes designation 11.08.250 hearing 9.06.210
license issuance 11.08.040 notice 9.06.210
Bingo, provisions administration 5.32.170 MTO certificate
Clerk, city, appointment 2.20.100 See also License, permit, Permit
Commission meetings, attendance 2.28.060 required 09.06.041
Compensation, reimbursement 2.28.080 Operating requirements 9.06.193
Created 2.28.010 Permit
Departmental organization authority 2.48.030 See also License, permit, MTO certificate
Director of emergency services 2.40.050 massage establishment employees
Eligibility, bond 2.28.030 permit requirements 9.06.080
Encroachment permit issuance 14.08.040 massage therapist
Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160
Grocery store enforcement authority 5.36.060 criteria 9.06.110
Park and/or building permit issuance 13.04.040 practical examination 9.06.120
Parks administration 13.04.220 outcall massage
Pedestrian regulations administration 11.09.020 application 9.06.180
Powers, duties 2.28.040 criteria 9.06.190
Relations with council 2.28.050 Prohibited acts 9.06.198
Residence requirement 2.28.020 Purpose of provisions 9.06.010
Sales and use tax, alternate, collection 3.09.050 Sanitary conditions 9.06.196
Solicitor Violation
administrative authority 5.20.100 continuing 9.06.260
identification permit alternative remedies 9.06.260
application investigation 5.20.020 penalty 9.06.250
revocation, duties 5.20.070 public nuisance 9.06.240
Street tree enforcement 14.12.040
Surplus sales officer duties 3.25.020 MAYOR
Suspension, removal, resignation 2.28.090 Board of appeals appointment 16.04.020
Taxicab driver license suspension, revocation Disaster council chairman 2.40.030
5.28.180 Electrical board of appeals appointment 16.16.130
Temporary absence, replacement 2.28.070 Employees' retirement system execution 2.56.020
Traffic
speed limit signing 11.12.040 MECHANICAL CODE
stop intersection signing 11.20.040 Adopted 16.24.010
Water Adoption of appendix chapters 16.24.015
department duties 15.12.090 Amendments
provisions enforcement 15.12.050 Section 310.1 16.24.030
Table No. 1-A 16.24.070
MASSAGE ESTABLISHMENTS, SERVICES Appeals 16.24.060
Conditions of premises 9.06.196 Condensate wastes 16.24.030
Definitions 9.06.020 Name substitution 16.24.020
Permit fees 16.24.070
Violation, penalty 16.24.080
2012 S-33
21 Index
See Private street scope 11.26.020
where 11.24.180 sign obedience required 11.26.050
Handicapped violation, penalty 11.26.130
marking 11.24.110 Prohibited
off-street, regulations generally 11.24.190 certain hours, where 11.24.160
private street private street
See Private street See Private street
Impoundment when, authority 11.24.200 street cleaning, repair 11.24.230
Loading zones where 11.24.060, 11.24.150
authority 11.24.080 Provisions effect limited 11.24.020
marking 11.24.090 Sale of merchandise, prohibited where 11.28.050
passenger, marking 11.24.100 Scope of provisions 11.24.010
private street Servicing or repair prohibited, exception
See Private street 11.24.140
Parkway, prohibited on 11.24.120 Seventy-two hour limit 11.24.130
Permit Space marking 11.24.070
application 11.27.100 Temporary permits 11.24.220
definitions 11.27.020 Time limits, where 11.24.170
description 11.27.030 Violation, penalty 11.24.210, 11.28.060
display 11.27.080
established 11.27.010 PARK AND RECREATION FACILITIES
exceptions 11.27.090 ACQUISITION AND MAINTENANCE FUND
hours 11:27.130 Created, purpose, use 14.05.100
issuance
guest 11.27.060 PARKS, CITY
resident 11.27.050 See also PARK AND RECREATION
posting 11.27.040 COMMISSION
replacement 11.27.120 Acquisition, maintenance fees
restriction 11.27.070 amount, determination 14.05.070
revocation 11.27.140 appeals 14.05.090
validity 11.27.110 applicability of provisions 14.05.020
violation, penalty 11.27.150 conformance requirements 14.05.120
zones designated 11.27.145 credits 14.05.050
Private street definitions 14.05.010
curb markings, signs 11.26.040 determination 14.05.060
definitions 11.26.030 exceptions 14.05.080
diagonal 11.26.120 pending building permit, provisions not
handicapped parking space 11.26.100 applicable when 14.05.125
loading zone purpose, intent of provisions 14.05.030
establishment authority 11.26.070 required when, requirements generally
marking 11.26.080 14.05.040
passenger 11.26.090 review, purpose 14.05.110
parking space use, restrictions 14.05.100
See also handicapped parking space Administrative authority 13.04.220
marking 11.26.060 Advertising, sale restrictions 13.04.180
prohibited where 11.26.110 Behavior in, requirements 13.04.130
purpose of provisions 11.26.010 Closing hours
removal of vehicle sign specification prohibitions 13.04.190
11.26.140 vehicles towed when 13.04.191
Compliance required 13.04.030
Dedication
See SUBDIVISION
Definitions 13.04.020
2007 S-12
Cupertino-Index 22
Enforcement authority 13.04.230 Animal
Lost article report 13.04.210 dangerous, vicious 8.08.085, 8.08.460
Nature, rural preserve establishment 8.08.380
designation 13.04.201 vicious 8.08.085, 8.08.460
regulations generally 13.04.202 Bingo 5.32.190
Permit Encroachment 14.08.030
appeal 13.04.080 Explosives 10.20.010
application 13.04.050 Firearm 10.76.010
contents 13.04.060 Fire code, designated activities 16.40.090
fees, deposit 13.04.090 Grading 16.08.030
granting, denial 13.04.070 Moving buildings 16.36.020
liability 13.04.100 Newsrack 10.21.080
required 13.04.040 Off-street vehicle 11.10.011
revocation 13.04.110 Parade 10.44.030
Picnic area, use restrictions 13.04.170 Park, building 13.04.140
Property, use restrictions 13.04.120 Parking
Purpose 13.04.010 See PARKING
Sanitation requirements 13.04.140 Private patrol 5.24.020
Section closure when 13.04.200 Restaurant, food establishment 9.04.020
Swimming restrictions 13.04.160 Sign 19.104.030
Vehicle requirements 13.04.150 Solicitor identification 5.20.030
Violation, penalty 13.04.240 Streamside modification 9.19.030
Swimming pool 16.32.070
PATIO SALE Taxicab
See GARAGE, PATIO SALE driver 5.28.160
operation 5.28.060
PEDESTRIANS Temporary parking 11.24.220
Administration 11.09.020 Toxic gas storage, use 16.42.060
Adult school crossing guards Trees
obedience to, required 11.09.060 prohibited acts 14.12.080
positioning 11.09.050 Watercourse, discharge into, NPDES permit
Defined 11.09.010 9.18.080
Violation, penalty 11.09.090 Water system connection 15.12.080
PEDDLER PERSONNEL
Business license Accruals credits, retained 2.52.080
See also BUSINESS LICENSE Authority
fee 5.04.400 city manager 2.52.100
council 2.52.090
PENALTY Child care expense reimbursement, granted
Code violation 1.12.010 specified officers 2.72.010
Nuisance abatement 1.12.030 City
Separate offense 1.12.020 rights 2.52.310
Communication with
PERFORMANCE See COMMUNICATION WITH CITY
Business license See OFFICIALS
See also BUSINESS LICENSE Council, rights, powers 2.52.350
fee 5.04.340 Definitions 2.52.290
Employee organization
PERMIT appropriate unit determination 2.52.470
See also BUSINESS LICENSE formal recognition petition 2.52.450
Advertisement, handbill distribution 10.52.030 representative determination 2.52.480
Alcoholic beverages, gasoline concurrent sales rights 2.52.300
5.44.030
2012 S-33
24A Index
Subpoena RETIREMENT SYSTEM
application See PERSONNEL
contents 2.78.050
procedure 2.78.040 REVENUE
form, serving 2.78.060 See TAX
issuance
authority 2.78.020 RIGHT OF ENTRY
findings required 2.78.070 See INSPECTION
restrictions 2.78.030
ROLLER SKATES
RESIDENTIAL CODE ADOPTED Defined 11.08.014
Adoption of Appendix chapters 16.06.15 Prohibited where 11.08.270
Automatic fire sprinkler systems 16.06.050 Violations, penalties 11.08.280
Code Adoption 16.06.010
Footings 16.06.070 --S -
Intermittent brace wall panel construction
methods 16.06.100 SAFETY ASSESSMENT PLACARDS
Materials and construction methods for Application of provisions 16.80.020
exterior wildfire exposure 16.06.060 Definitions 16.80.030
Roof covering classification 16.06.080 Intent 16.80.010
Seismic reinforcing 16.06.090 Placards 16.80.040
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority 9.04.100
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
2012 S-33
25 Index
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
See also WATER POLLUTION applicability of regulations 19.104.020
See also PREVENTION beverage container recycling signs 19.104.180
Abandoned system 15.20.140 changeable copy signs 19.104.180
Appeals, generally 15.20.190 construction and maintenance specifications
Applicability of provisions 15.20.010 19.104.090
Alteration, permit required 15.20.070 decorative statuary 19.104.180
Building permit issuance requirements 15.20.100
Definitions 15.20.020
2012 S-33
Cupertino-Index 26
electronic readerboard signs 19.104.180 promotional devices 19.104.270
enforcement of provisions 19.104.300 real estate signs 19.104.260
Example of How to Figure Size and Location of special event banners 19.104.270
Ground Signs, Ch. 19.104, Appendix A subdivision signs 19.104.250
Examples of Well Proportioned Signs; Examples of window signs 19.104.280
Signs Not.Well Proportioned, Ch. 19.104, violation deemed infraction 19.104.380
Appendix C
exception; findings 19.104.290 SKATEBOARDS
freeway orientation 19.104.200 Defined 11.08.015
gasoline station signs 19.104.170 Prohibited where 11.08.270
ground signs 19.104.160 Violations, penalties 11.08.280
illegal signs
authority to remove in public right-of-way SMALL-INCOME BUSINESS
19.104.340 Business license
court action authorized 19.104.370 See also BUSINESS LICENSE
deemed public nuisance 19.104.370 fee 5.04.450
notice required 19.104.330
summary removal authorized when SMOKING IN RECREATIONAL AREAS
19.104.330 Definitions 10.90.010
illumination restrictions 19.104.230 Other requirements and prohibitions 10.90.030
inspection requirements 19.104.060 Smoking prohibited 10.90.020
landmark signs 19.104.210; Ch. 19.104, Violation- penalty 10.90.040
Appendix B
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-33
33 Index
emergency response team See Curb opening closure
drills 16.42.160 Parking
required, composition, duties 16.42.150 See PARKING
maintenance, testing requirements Road bumps
16.42.170 administrative authority designated 11.34.020
security 16.42.100 defined 11.34.010
Regulated materials installation where, criteria 11.34.030
classification 16.42.200 Road construction, traffic regulations 11.36.070
criteria 16.42.040 Speed bumps
Storage, use See Road bumps
See also Facility Speed limits
breathing apparatus 16.42.110 authority, declaration 11.12.020
compliance plan, permit established 11.12.030
required,fees,information required 16.42.060 purpose of provisions 11.12.010
time limits 16.42.070 signing 11.12.040
exterior storage, tank requirements 16.42.260 Stop intersection
fire protection requirements 16.42.190 all directional, designated, required action
flow restricting orifice requirements 16.42.180 11.20.030
leak testing, protective plugs, caps 16.42.130 designated, required action 11.20.020
prohibitions 16.42.050 purpose of provisions 11.20.010
separation of incompatible materials 16.42.120 signing 11.20.040
tank cars 16.42.270 Stopping, standing
Violation, penalty 16.42.290 See PARKING
Truck routes
TRACTOR compliance required 11.32.030
Sales, repair, service, business license established 11.32.020
See also BUSINESS LICENSE pickups, deliveries, exceptions 11.32.070
fee 5.04.540 truck defined 11.32.010
unrestricted highways designated 11.32.050
TRAFFIC use regulations generally 11.32.060
Cruising vehicle types excepted 11.32.080
definitions 11.30.010 vehicle weighing authority 11.32.040
exemptions 11.30.020 violation, penalty 11.32.090
prohibited 11.30.030
violation, penalty 11.30.040 TRAFFIC ENGINEER
Curb opening closure Bicycle lane sign erection 11.08.260
authority 11.36.030 Parking
hearing curb marking, sign authority 11.26.040
appeal 11.36.060 handicapped parking space approval 11.26.100
authorized 11.36.050 loading space establishment authority
notice contents 11.36.040 11.26.070
provisions nonexclusive 11.36.020 space marking authority 11.26.060
purpose, definitions 11.36.010
Diverters 14.04.125 TRANSIENT OCCUPANCY TAX
Downtown area Collection action 3.12.130
See Cruising Definitions 3.12.020
Driveway opening Failure to collect and report
See Curb opening closure appeal 3.12.100
Engineer determination 3.12.090
See TRAFFIC ENGINEER Imposition 3.12.030
Intersections, blocking prohibited 11.24.240 Operator duty 3.12.050
Loading zones Penalty, interest 3.12.080
See Parking Records retention, access 3.12.110
Median closure Refund condition 3.12.120
Cupertino-Index 34
Registration 3.12.060 Street tree regulations
Reporting, remitting 3.12.070 appeals 14.12.170
Short title 3.12.010 building permit requirements
Violation, penalty 3.12.140 condition of issuance 14.12.120
definitions 14.12.020
TRAPS enforcement 14.12.040
See ANIMAL financial hardship and lien procedure
14.12.160
TREASURER, CITY master street tree list 14.12.050
Conflict of interest 2.64.020 nuisance conditions 14.12.110
Franchise pipeline inspection 6.04.050 penalty 14.12.150
Investment authority 2.24.050 planting specifications 14.12.060
Monthly statements required 2.24.030 prohibited acts 14.12.080
Oath of office, bond 2.24.040 public tree management 14.12.070
Payment, procedure 2.24.020 purpose of provisions 14.12.010
Responsibility for city moneys 2.24.010 removal
permit, notice 14.12.090
TREASURER, COUNTY public utilities 14.12.090
Assessment collection responsibility 3.16.010 replacement 14.12.100
remedies 14.12.140
TREE responsibility 14.12.030
See STREETS AND SIDEWALKS schedules
TREES new street tree costs and public tree
damage or removal fee 14.12.130
TREES violation, penalty 14.12.140
Protected Trees
actions prohibited 14.18.025 TRESPASSING
definitions 14.18.020 Shopping center
enforcing authority 14.18.110 defined 10.56.010
exemptions 14.18.120 enforcement powers not affected 10.56.050
heritage tree designation 14.18.060 exception 10.56.030
heritage tree identification tag 14.18.100 unlawful actions 10.56.020
heritage tree list 14.18.070 violation, penalty 10.56.070
penalty 14.18.240
plan of protection 14.18.080 --U--
protected trees 14.18.050
protection during construction 14.18.210 UNDERGROUND UTILITIES
purpose of provisions 14.18.010 Conversions
recordation 14.18.090 city responsibility 14.20.100
removal company responsibility 14.20.080
application 14.18.140, 14.18.160 exceptions
approval authority 14.18.140 designated 14.20.060
Director to inspect 14.18.150 when 14.20.050
notice and posting 14.18.170 notice required 14.20.070
notice of action 14.18.230 property owner responsibility 14.20.090
appeal 14.18.230 public hearing 14.20.020
protection plan before granting permit time extension when 14.20.110
14.18.220 unlawful acts 14.20.040
retroactive permit 14.18.200 violation, penalty 14.20.120
review 14.18.180 District designation 14.20.030
retention promoted 14.18.030 New developments
Tree Management Plan 14.18.130 definitions 14.24.020
tree replacement 14.18.190
2012 S-33
37 Index
WEAPON A zone 19.20.020
See FIREARM CG zone 19.60.030
GC zone 19.56.030
WEEDS OA zone 19.64.020
See also PROPERTY MAINTENANCE PR zone 19.84.020
Abatement R-1 zone 19.20.020
assessment R-2 zone 19.20.020
collections as tax 9.08.100 R-3 zone 19.20.020
hearing 9.08.090 RHS zone 19.20.020
notice, posting, mailing 9.08.080 Administration
responsibility 9.08.070 appeals 19.12.170
authority, procedure 9.08.060 applicability of regulations 19.12.020
hearing 9.08.050 application process 19.12.080
notice approval authority 19.12.030
form designated 9.08.030 city council, authority of 19.12.070
mailing 9.08.040 city council, action by 19.12.140
property damage, notice of decision 19.12.100
improvements 9.08.110 design review committee, authority of
Defined, prohibited 9.08.010 19.12.050
Nuisance, abatement required 9.08.020 design review committee and planning
commission, action by 19.12.130
WILDLAND URBAN INTERFACE FIRE AREA director, action by 19.12.090
Adopted 16.74.010 director of community development, action
by-Administrative 19.12.120
WIRELESS COMMUNICATIONS FACILITIES director of community development, authority
See ZONING of 19.12.040
effective date 19.12.160
-- Z-- expiration,extension and revocation 19.12.180
notice of decision and reports 19.12.150
ZONING noticing 19.12.110
A-1 zone planning commission, authority of 19.12.060
applicability of provisions 19.24.020 purpose and intent 19.12.010
building development regulations 19.24.050 Administrative and professional office zone
conditional uses 19.24.030 See OA zone
designated 19.16.010 Administrative office
excluded uses 19.24.030 CG zone 19.60.030
permitted uses 19.24.030 ML-rc zone 19.64.020
purpose 19.24.010 MP zone 19.64.020
site development regulations 19.24.040 OA zone 19.64.020
A zone OP zone 19.64.020
applicability of provisions 19.24.020 Adoption of provisions 19.04.010
building development regulations 19.24.050 Adult-oriented commercial activities
conditional uses 19.24.030 applicability of provisions 19.128.020
designated 19.16.010 purpose 19.128.010
excluded uses 19.24.030 regulations
permitted uses 19.24.030 concentration of activities 19.128.030
purpose 19.24.010 proximity to residential, public, quasi-
site development regulations 19.24.040 public uses 19.128.040
Accessory building, structure Agricultural-residential zone
applicability of provisions 19.100.010 See A-1 zone
Detached Accessory Buildings and Structures Agricultural uses
Example, Ch. 19.100, Appendix A PR zone 19.84.020
generally 19.100.020 Agricultural zone
site development regulations 19.100.030 See A zone
Accessory facilities Airfields
A-1 zone 19.20.020 T zone 19.76.030
2012 S-33
Cupertino-Index 38
Airport Automobile repair shops
T zone 19.76.030 CG zone 19.60.030
Air sports field Automobile sales
FP zone 19.84.020 CG zone 19.60.030
Amendment ML zone 19.64.020
boundaries, changes in 19.152.020 Automobile service station
generally 19.152.010 CG zone 19.60.030
prezoning 19.152.040 ML zone 19.64.020
regulations, changes in 19.152.030 Automobile washing facility
Amusement park CG zone 19.60.030
FP zone 19.84.020 ML zone 19.64.020
Animal BA zone
breeding applicability of provisions 19.76.020
A-1 zone 19.20.020 application requirements 19.76.050
A zone 19.20.020 conditional uses 19.76.030
keeping designated 19.16.010
A-1 zone 19.20.020 excluded uses 19.76.030
A zone 19.20.020 permits required for development 19.76.040
R1C zone 19.20.020 permitted uses 19.76.030
R-1 zone 19.20.020 purpose 19.76.010
R-2 zone 19.20.020 site development regulations 19.76.060
R-3 zone 19.20.020 Bank
RHS zone 19.20.020 CG zone 19.60.030
Antenna Barn
See Wireless communications facilities A-1 zone 19.20.020
Apiary A zone 19.20.020
A-1 zone 19.20.020 Beverage container redemption, recycling center
A zone 19.20.020 See Recycling center
Appeal Bicycle motocross
action FP zone 19.84.020
city council 19.136.050 Billiards
planning commission 19.136.040 FP zone 19.84.020
filing procedures 19.136.020 Boardinghouses
generally 19.136.010, 19.136.060 CG zone 19.60.030
hearing, notification 19.136.030 Boat rental
Arboretum ML zone 19.64.020
A-1 zone 19.20.020 Boat sales
A zone 19.20.020 ML zone 19.64.020
Archery practice range Bowling
FP zone 19.84.020 FP zone 19.84.020
Architectural, site review BQ zone
findings 19.168.030 applicability of provisions 19.76.020
limitations regarding decisions 19.168.020 application requirements 19.76.050
purpose of regulations 19.168.010 conditional uses 19.76.030
Artwork,required in public and private developments designated 19.16.010
See ARTWORK, REQUIRED IN excluded uses 19.76.030
PUBLIC AND PRIVATE DEVELOPMENTS permits required for development 19.76.040
Assembly permitted uses 19.76.030
ML zone 19.64.020 purpose 19.76.010
Athletic field site development regulations 19.76.060
FP zone 19.84.020 Building materials sales
Auction house ML zone 19.64.020
ML zone 19.64.020 Buildings, public and quasi-public
Automobile rental A-1 zone 19.20.020
ML zone 19.64.020 A zone 19.20.020
2012 S-31
39 Index
Bus station, terminal Conditional use permit, variance, development
T zone 19.76.030 permits
Business office application
CG zone 19.60.030 conditional use permit or variance
Business service 19.156.020
CG zone 19.60.030 development permit 19.156.010
Cabinet shop approval authority 19.156.030
ML zone 19.64.020 change of use 19.156.070
Carpenter shop conditional use permit 19.156.040
ML zone 19.64.020 expansion or modification of permits
Caterer conditional use 19.156.060
ML zone 19.64.020 planned development 19.156.060
Cemetery findings and conditions
A-1 zone 19.20.020 conditional use permit 19.156.040
A zone 19.20.020 planned development permit 19.156.040
CG zone variances 19.156.050
applicability of provisions 19.60.020 planned development permit 19.156.040
conditional uses 19.60.030 variances 19.156.050
designated 19.16.010 Conditional uses
development standards 19.60.060 BA zone 19.76.030
excluded uses 19.60.030 BQ zone 19.76.030
land use activity 19.60.050 CG zone 19.60.030
permits required for development 19.60.040 expansion 19.156.060
permitted uses 19.60.030 FP zone 19.96.040
purpose 19.60.010 ML zone 19.64.020
Child day care facility ML-rc zone 19.64.020
BQ zone 19.76.030 MP zone 19.64.020
CG zone 19.60.030 OA zone 19.68.030
R-3 zone 19.20.020 OP zone 19.68.030
Churches, existing OS zone 19.88.020
ML-rc zone 19.64.020 P zone 19.80.030
Civic organization PR zone 19.92.020
BQ zone 19.76.030 R1 zone 19.28.030
Club R1C zone 19.44.040
BQ zone 19.76.030 R-2 zone 19.32.030
CG zone 19.60.030 R-3 zone 19.36.030
Coal sales RHS zone 19.40.030
ML zone 19.64.020 T zone 19.76.030
Cold storage facilities Conflict of provisions 19.04.040
ML zone 19.64.020 Congregate residence
ML-rc zone 19.64.020 A-1 zone 19.20.020
Columbarium A zone 19.20.020
A-1 zone 19.20.020 BQ zone 19.76.030
A zone 19.20.020 R1C zone 19.20.020
Commercial photography R-1 zone 19.20.020
ML-rc zone 19.64.020 R-2 zone 19.20.020
Communication structures R-3 zone 19.20.020
A-1 zone 19.20.020 RHS zone 19.20.020
A zone 19.20.020 Convenience markets
Competition and tournament facilities CG zone 19.60.030
FP zone 19.84.020 Conversion, apartment to community housing
Compliance with provisions required 19.04.030 applicability of provisions 19.116.020
2012 S-31
Cupertino-Index 40
application Examples of How to Measure Sign Area, Ch.
procedures 19.116.060 19.08, Appendix D
requirements 19.116.050 Delivery service
parking 19.116.040 ML zone 19.64.020
purpose 19.116.010 ML-rc zone 19.64.020
regulations generally 19.116.030 Density bonus
Crematory applicability of provisions 19.56.020
A-1 zone 19.20.020 application procedure 19.56.060
A zone 19.20.020 concessions 19.56.030
Crops purpose 19.56.010
A-1 zone 19.20.020 requirements
A zone 19.20.020 affordable housing units 19.56.050
RHS zone 19.20.020 generally 19.56.040
Culverts Development agreement
OS zone 19.84.020 application
Dairy processing contents 19.144.070
A-1 zone 19.20.020 form 19.144.060
A zone 19.20.020 qualification required 19.144.050
Dancehall authority of provisions 19.144.030
FP zone 19.84.020 cancellation
Dance instruction city 19.144.200
FP zone 19.84.020 mutual consent 19.144.190
Day care home, large family rights 19.144.210
A-1 zone 19.20.020 construction of provisions 19.144.250
BQ zone 19.76.030 effect 19.144.240
R 1 C zone 19.20.020 execution, recordation 19.144.260
R-1 zone 19.20.020 findings of fact,intent of provisions 19.144.010
R-2 zone 19.20.020 judicial review; time limitation 19.144.270
R-3 zone 19.20.020 hearing
RHS zone 19.20.020 appeal of determination 19.144.170
Day care home, small family compliance; appeal 19.144.150
A zone 19.20.020 findings 19.144.110
R1 zone 19.20.020 generally 19.144.090
R1C zone 19.20.020 irregularity in proceeding 19.144.120
R-2 zone 19.20.020 noncompliance; appeal 19.144.160
R-3 zone 19.20.020 plans, consistency with
RHS zone 19.20.020 general 19.144.080
Deck, second story specific 19.144.080
See Accessory building, structure purpose of 19.144.020
Definitions review, time for and initiation of 19.144.140
applicability, purpose of provisions 19.08.010 rules affecting 19.144.220
construction of provisions 19.08.020 separate procedure 19.144.230
Cupertino Standard Detail 7-2:Corner Triangle Districts
- Controlled Intersections, Ch. 19.08, applicability of provisions 19.16.060
Appendix A designated 19.16.010
Cupertino Standard Detail 7-4:Corner Triangle reference 19.16.020
- Uncontrolled Intersections, Ch. 19.08, Drainage ditches
Appendix B OS zone 19.84.020
Cupertino Standard Detail 7-6: Sidewalk Site Drinking establishments
Triangle(Sidewalk Clearance at CG zone 19.60.030
Driveways), Ch. 19.08, Drive-in theaters
Appendix C ML zone 19.64.020
designated 19.08.030 Drive-through facilities
CG zone 19.60.030
2012 S-33
40A Index
Driving tees/ranges
A-1 zone 19.20.020
A zone 19.20.020
T zone 19.76.030
Dry cleaning
ML zone 19.64.020
ML-rc zone 19.64.020
Duplicating service
ML zone 19.64.020
ML-rc zone 19.64.020
Emergency shelter, permanent
BQ zone 19.76.030
Entertainment establishment
ML zone 19.64.020
2012 S-33