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2013 S-38 Supplement CUPERTINO, CALIFORNIA Instruction Sheet 2013 S-38 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 3, 4 3, 4 TITLE 5: BUSINESS LICENSES AND REGULATIONS 23 through 26 23 through 26 TITLE 8: ANIMALS 9 through 12 9 through 12 TITLE 9: HEALTH AND SANITATION 35, 36 35, 36 38A through 38D 38A through 38D 38-0 through 38R 38-0 through 38R TITLE 13: PARKS 5 through 8 5 through 8 TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 9, 10 9, 10 TITLE 18: SUBDIVISIONS 37, 38 37, 38 1 Cupertino, California - Instruction Sheet 2 REMOVE OLD PAGES INSERT NEW PAGES Comprehensive Ordinance List 41, 42 41, 42 Index 5, 6 5, 6 7 through 10 7 through 10 12A, 12B 12A, 12B 15 through 18 15 through 18 21 through 24 21 through 24 25 through 28 25 through 28 kgw - 4/17/13 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2013 S-38 Supplement contains: Local legislation current through Ordinance 13-2109, passed 4-2-13 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 COPYRIGHT © 2013 AMERICAN LEGAL PUBLISHING CORPORATION 2.04.010 CHAPTER 2.04: CITY COUNCIL-ELECTION AND MEETINGS* Section 2.04.005 Elections general circulation, radio and television station requesting 2.04.010 Regular meetings notice in writing. The notice shall be delivered personally 2.04.020 Special meetings or by mail and be received at least twenty-four hours before 2.04.025 Emergency meetings the time of the meeting as specified in the notice. The call 2.04.030 Place of meetings and notice shall specify the time and place of the special 2.04.040 Vacancy meeting and the business to be transacted or discussed. No 2.04.050 Term limits other business shall be considered at these meetings. The written notice may also be dispensed with as to any member * For statutory provisions regarding the of the City Council who at or prior to the time the meeting scheduling of City Council meetings, see Gov. convenes, files with the City Clerk a written waiver of Code §§ 36805-36809 notice. The waiver may be given by telegram. The written notice may also he dispensed with as to any member of the City Council who is actually present at the meeting at the 2.04.005 Elections. time it convenes. (Ord. 1697, (part), passed--1995; Ord. General municipal elections shall he held on the first 389, § 3.2, passed- -1968) Tuesday after the first Monday in November of even- numbered years to coincide with the statewide general 2.04.025 Emergency Meetings. elections. (Ord. 13-2106, § 4, 2013; Ord. 1697, (part), In the case of an emergency situation involving matters passed - -1995) upon which prompt action is necessary due to the description or threatened disruption of public facilities,the City Council 2.04.010 Regular Meetings. may hold an emergency meeting without complying with The City Council shall hold regular meetings on the either the twenty-four-hour notice requirement or the first and third Tuesdays of each month at six forty-five p.m. twenty-tour-hour posting requirement described in and may adjourn any regular meeting to a date certain, Section 54956 of the California Government Code. An which shall be specified in the order of adjournment and emergency meeting called under this section shall be when so adjourned, such adjourned meeting shall be a otherwise conducted in conformance with Section 54956.5 regular meeting for all purposes. Such adjourned meetings of the California Government Code. (Ord. 1697, (part), may likewise be adjourned and any so adjourned meeting passed- -1995) shall be a regular meeting for all purposes. On regular meeting days, the City Council shall begin 2.04.030 Place of Meetings. any closed session items at six o'clock p.m. The regular meetings shall convene in the Council City Council meetings that fall on legal holidays shall Chamber, Cupertino Community Hall, 10350 Torre automatically be moved to the following day. Avenue, Cupertino, California. All other meetings unless City Council meetings that fall on any Election changed in the written notice of meeting or order of Tuesday shall automatically be moved to the first Monday of adjournment shall be held in the Council Chamber of the the month. (Ord. 1958,2005;Ord. 1941,2004;Ord. 1822, Cupertino Community Hall, Cupertino, California. (Ord. (part),passed--1999;Ord. 1015,passed--1980;Ord. 978, 1952,2004;Ord. 978, (part),passed 1980;Ord. 189, § 1.1, (part), passed - -1980; Ord. 189(a), § I, passed - -1970; passed- -1968 ) Ord. 389, § 3.1, passed- -1968) 2.04.040 Vacancy. 2.04.020 Special Meetings. A. If any vacancy on the City Council occurs other Special meetings may be called at any time by the than by expiration of at term, the City Council shall, at its mayor or by three members of the City Council by option within thirty days from the commencement of the delivering personally or by mail written notice to each vacancy, either fill the vacancy by appointment for the member of the City Council and to each local newspaper of 3 2013 S-38 2.04.040 Cupertino-Administration and Personnel 4 unexpired term of the former incumbent, or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. B. Notwithstanding any other provision of this section,the City Council may appoint any person,otherwise qualified, to fill a City Council vacancy to hold office only until the date of a special election which is called to fill the remainder of the term pursuant to subsection A of this section. C. Notwithstanding any other provision of this section, an appointment shall not he made to fill a vacancy on the City Council if the appointment would result in a majority of the members serving on the Council having been appointed. The vacancy shall be filled in one of the following ways 1. The City Council may call an election to till the vacancy to he held on the next regularly established election date not less than one hundred fourteen days after the call; 2. If the City Council does not call an election pursuant to subsection B of this section, the vacancy shall be filled at the next regularly established election date. (Ord. 1697, (part), passed - -1995; Ord. 1017, passed - -1991; Ord. 1026, § 1, passed- -1980) 2.04.050 Term Limits. The service of city councilmemhers shall be limited to two consecutive elected terms,for a maximum possible time (appointed and elected combined) of ten years and three hundred fifty-four days, after which they would not he eligible for election or appointment to a council seat for four years. (This section was adopted by a vote of the people November 4, 1997.) (Ord. 1775, passed- -1998) 2005 S-4 5.32.010 CHAPTER 5.32: BINGO Section 5.32.010 Authority. 5.32.010 Authority. 5.32.020 Defined. Pursuant to the authority provided in Section 19(c) of 5.32.030 Organizations permitted to conduct bingo Article IV of the California State Constitution and Section games. 326.5 of the Penal Code, the City establishes the following 5.32.040 Minors. requirements for the conduct of bingo games by nonprofit 5.32.050 Open to the public. charitable organizations in the incorporated area of the City. 5.32.060 Staffing and operation. (Ord. 777 (part), 1977) 5.32.080 Where bingo may be conducted. 5.32.090 Bingo equipment. 5.32.020 Defined. 5.32.100 Financial interest. As used in this chapter, "bingo" means a game of 5.32.110 Profits to be used for charitable purposes chance in which prizes are awarded on the basis of only. designated numbers or symbols on a card that conform to 5.32.120 Records. numbers or symbols selected at random. The game of bingo 5.32.130 Total value of prizes. shall include cards having numbers or symbols that are 5.32.140 Physical presence at bingo game required. concealed and preprinted in a manner providing for the 5.32.150 Hours of operation. distribution of prizes. The winning cards shall not be known 5.32.170 Administrative authority. prior to the game by any person participating in the playing 5.32.180 Authority to inspect premises and records. or operation of the bingo game. All preprinted cards shall 5.32.190 License required. bear the legend, "For sale or use in a Bingo game 5.32.200 Application for license required. authorized under California law and pursuant to local 5.32.210 Authority of the investigation and ordinance." (Ord. 1705, (part), 1995; Ord. 777, (part), recommendation by Sheriff. 1977) 5.32.220 Investigation and recommendation by other City departments or other agencies. 5.32.030 Organizations Permitted to Conduct Bingo 5.32.230 Opportunity for applicant to review Games. records. Only those organizations exempted from the payment 5.32.240 Final action by the City Manager. of bank and corporation tax by Sections 23701a, 23701b, 5.32.250 Denial of license. 23701d, 23701e, 23701f, 23701g and 23701h of the 5.32.260 Further investigation by Sheriff. California Revenue and Taxation Code shall be permitted to 5.32.270 License required. conduct bingo games; provided, however, that the receipts 5.32.280 License fee. of those games are used only for charitable purposes. (Ord. 5.32.290 License renewal. 1705, (part), 1995; Ord. 777, (part), 1977) 5.32.300 Filing of annual report. 5.32.310 Licenses nontransferable. 5.32.040 Minors. 5.32.320 Revocation, suspension of license No minors shall be allowed to participate in any bingo authorized. games. (Ord. 777, (part), 1977) 5.32.330 Appeal of revocation, suspension. 5.32.350 Provisions supplementary to State law. 5.32.050 Open to the Public. 5.32.360 Penalty. All bingo games shall be open to the public, not just to the members of the authorized organization. (Ord. 1705, (part), 1995; Ord. 777, (part), 1977) 23 2013 S-38 5.32.060 Cupertino-Business Licenses and Regulations 24 5.32.060 Staffing and Operation. conducted by an authorized organization not within A bingo game shall be operated and staffed only by subsection(A)of this section. Those proceeds shall be used members of the authorized organization which organized it. only for charitable purposes except as follows: Those members shall not receive a profit, wage or salary 1. The proceeds may be used as prizes. from any bingo game. Only an organization authorized to 2. A portion of the proceeds, not to exceed twenty conduct a bingo game by license issued pursuant to this percent of the proceeds before deduction for prizes, or two chapter shall operate a game, or engage in the promotion, thousand dollars per month, whichever is less, may be used supervision or any other phase of such game. This section for the rental of property and for overhead, including the does not preclude the employment of security personnel who purchase of bingo equipment, administrative expenses, are not members of the authorized organization at such a security equipment and security personnel. bingo game by the authorized organization conducting the 3. The proceeds may be used to pay license fees. game. (Ord. 13-2108, § 1 (part), 2013; Ord. 1705, (part), (Ord. 1705 (part), 1995: Ord. 777 (part), 1977) 1995; Ord. 777, (part), 1977) 5.32.120 Records. 5.32.080 Where Bingo May Be Conducted. Each organization conducting a bingo game shall A sponsoring organization shall conduct a bingo game maintain detailed records of all profits, expenditures,prizes only on property owned or leased by it, or property whose and other expenses associated with the operation of bingo use is donated to the organization, and which property is games. Said records shall be retained for such period of used by that organization for an office or for performance of time as required by state and federal law and for a period of the purpose for which the organization is organized. three years, for purposes of this chapter. (Ord. 777, (part), Nothing in this section shall be construed to require that the 1977) property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated 5.32.130 Total Value of Prizes. exclusively to that organization. (Ord. 1705, (part), 1995; The total value of prizes awarded during the conduct of Ord. 1255, 1984; Ord. 777, (part), 1977) any bingo games shall not exceed two hundred and fifty dollars in cash or kind, or both, for each separate game 5.32.090 Bingo Equipment. which is held. (Ord. 777, (part), 1977) All equipment used in the operation of bingo games shall be owned by the organization authorized by license to 5.32.140 Physical Presence at Bingo Game Required. conduct such bingo games. (Ord. 13-2108, § 1 (part),2013; No person shall be allowed to participate in a bingo Ord. 777, (part), 1977) game unless such person is physically present at the time and place at which the bingo game is being conducted. (Ord. 5.32.100 Financial Interest. 777, (part), 1977) No individual corporation, partnership or other legal entity except the organization authorized by license to 5.32.150 Hours of Operation. conduct a bingo game shall hold a financial interest in the All bingo games shall be conducted only during the conduct of such bingo game. (Ord. 13-2108, § 1 (part), hours of noon to midnight. (Ord. 777, (part), 1977) 2013; Ord. 777, (part), 1977) 5.32.170 Administrative Authority. 5.32.110 Profits to Be Used for Charitable Purposes There are conferred upon the City Manager those Only. powers and duties necessary for the administration of this A. With respect to organizations exempted from chapter. In addition, there are also conferred upon the City payment of the bank and corporation tax by Section 23701d Manager the authority and power to designate such officers of the California Revenue and Taxation Code, all profits and employees of the City and of other cooperating public derived from a bingo game shall be kept in a special fund or agencies, such as either the Central Fire District or the account and shall not be commingled with any other fund or Sheriffs Department, as may be required to assist him in account. Those profits shall only be used for charitable carrying out the intent and purpose of this chapter. (Ord. purposes. 777, (part), 1977) B. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds 5.32.180 Authority to Inspect Premises and Records. derived from a bingo game shall be kept in a special account A. The Sheriff shall have the authority to inspect the or fund and shall not be commingled with any other account premises in order to insure that the operation of bingo games or fund. Proceeds are the receipts of bingo games 2013 S-38 25 Bingo 5.32.180 at the premises does not constitute a violation of any state or lotteries, gambling, larceny, perjury, bribery, extortion, federal law or provision of this code. fraud or similar crimes involving moral turpitude, he may B. The Sheriff may inspect the records and special not recommend issuance of the permit in question. (Ord. bank accounts containing profits derived from bingo games a3-2108, § 1 (part), 2013; Ord. 777, (part), 1977) of any organization conducting bingo games whenever deemed reasonable and appropriate to insure compliance 5.32.220 Investigation and Recommendation by Other with the provisions of this chapter. (Ord. 777,(part), 1977) City Departments or Other Agencies. The City Manager shall submit each application to the 5.32.190 License Required. following City departments or other agencies for No organization shall conduct a bingo game without investigation and recommendation: first obtaining a license from the City Manager to do so. A. Chief of the Central Fire District as to any fire (Ord. 13-2108, § 1 (part), 2013; Ord. 1705, (part), 1995; hazard on the premises in question; Ord. 777, (part), 1977) B. County Health Officer as to the health and sanitary conditions of the premises in question; 5.32.200 Application for License Required. C. Chief Building Inspector as to compliance with Written application for a license required by this City building regulations; chapter shall be made by affidavit under penalty of perjury D. Director of Planning as to compliance with City and filed with the City Clerk. Such application shall zoning requirements. (Ord. 13-2108, § 1(part),2013; Ord. contain: 777, (part), 1977) A. Name of organization; names, signatures and addresses of all the officers of the organization; 5.32.230 Opportunity for Applicant to Review Records. B. Days and hours of operation of bingo games; A. Each applicant shall have the opportunity, upon C. Attached copies of certificates or letters request, to review all records, papers, files and any other evidencing exempt status as described in Section 5.32.030; evidence relating to the application for a bingo license D. Address of premises where bingo games will be except criminal history information before the application is conducted; signed by the City Manager. (Ord. 13-2108, § 1 (part), E. Statement of ownership or lease of premises; 2013; Ord. 777, (part), 1977) F. Purpose(s) for which such premises are used by the organization; 5.32.240 Final Action by the City Manager. G. Statement of ownership of bingo equipment used A. Within thirty (30) days of receipt of a complete in the operation of bingo games; application, the City Manager shall consider the records, H. Statement of consent for Sheriff to inspect any papers, files and any other evidence he or she deems bank accounts containing profits derived from bingo games; relevant and shall render a decision either granting or I. Name of each individual,corporation,partnership denying the license. or other legal entity which has a financial interest in the B. If the license is approved, the City Manager may conduct of the bingo games; include such restrictions and conditions in the license as the J. Name of person responsible for the operation of City Manager deems reasonable and necessary under the the bingo games; circumstances to insure compliance with the purposes and K. Such further information as may be required by intent of this chapter. (Ord. 13-2108, § 1 (part),2013;Ord. the City Manager. (Ord. 13-2108, § 1 (part), 2013; Ord. 777, (part), 1977) 1705, (part), 1995; Ord. 777, (part), 1977) 5.32.250 Denial of License. 5.32.210 Authority of the Investigation and The City Manager may refuse to issue a license if, Recommendation by Sheriff. after consideration of the application and any other papers, A. The City Manager shall submit each application records and files he or she deems relevant, it is determined to the Sheriff for investigation and recommendation. that the operation of a bingo game would be injurious to the B. The Sheriff shall have the authority to obtain health, safety and morals of the people of the City, or that criminal history information for each person operating or the permit application or proposed mode of operation of the assisting in the operation of a bingo game for purposes of his bingo game is not in compliance with the provisions of this investigation. If he finds that such operators or persons chapter. (Ord. 13-2108, § 1 (part), 2013; Ord. 777, (part), assisting in the operation of a bingo game have been 1977) convicted within the past five years of crimes involving 2013 S-38 5.32.260 Cupertino-Business Licenses and Regulations 26 5.32.260 Further Investigation by Sheriff. 3. The total amount paid out in prizes; A. Any changes as to the staff operating or assisting 4. Detailed costs to the organization for the in the operation of a bingo game,or any other changes in the operation of the bingo games. (Ord. 13-2108, § 1 (part), information furnished under Section 5.32.190 made 2013; Ord. 1705, (part), 1995; Ord. 777, (part), 1977) subsequent to the issuance of a bingo license, shall be reported to the Sheriff for any further investigation which he 5.32.310 Licenses Nontransferable. deems necessary and appropriate. Licenses granted under this chapter shall not be B. If, after such investigation, the Sheriff finds that transferable, either as to the license or the location. Any the changes require suspension or revocation of the bingo attempt to transfer shall render the license in question license, such determination shall be transmitted to the City invalid. (Ord. 13-2108, § 1 (part), 2013; Ord. 777, (part), Manager for appropriate action. (Ord. 13-2108, § 1 (part), 1977) 2013; Ord. 777, (part), 1977) 5.32.320 Revocation,Suspension of License Authorized. 5.32.270 License Required. Any license issued under this chapter may be A. In addition to obtaining a permit as required by suspended or revoked by the City Manager on his or her this chapter, each organization conducting a bingo game own motion or on application of the Sheriff, District shall obtain a license from the license collector; no license Attorney or City Attorney for violation of any of the shall be issued until the applicant therefor has a valid permit provisions of this chapter, or any provisions of this code or covering the organization and the premises. of federal or state law. The holder of a bingo license shall B. Each organization proposing to conduct ten bingo be given prompt notice of revocation or suspension of said games or less a year shall obtain a special license from the license and shall immediately desist from conducting or license collector for each bingo game. Said special license operating any bingo game. (Ord. 13-2108, § 1 (part),2013; shall be valid only for the bingo game specified thereon. Ord. 777, (part), 1977) C. Each organization proposing to conduct more than ten bingo games a year shall obtain a general license from 5.32.330 Appeal of Revocation, Suspension. the license collector. (Ord. 777, (part), 1977) Appeals of revocations or suspensions of bingo licenses shall be as provided in Chapter 1.16. (Ord. 13-2108, § 1 5.32.280 License Fee. (part), 2013; Ord. 777, (part), 1977) A. The fee for a license shall be set by resolution of the City Council and payable at the time the application is 5.32.350 Provisions Supplementary to State Law. submitted. The provisions of this chapter are not intended to B. If an application for a license is denied one-half conflict with, but shall supplement all laws of the State of of the license fee paid shall be refunded. (Ord. 13-2108, § 1 California relating to lotteries, gaming or gambling. (Ord. (part), 2013; Ord. 1705, (part), 1995; Ord. 777, (part), 777, (part), 1977) 1977) 5.32.360 Penalty. 5.32.290 License Renewal. Any person who violates any provision of this chapter A. Licenses are granted for terms up to one year and shall be guilty of an infraction and, upon conviction thereof, may be renewable annually each January. Written shall be punished as provided in Chapter 1.12. (Ord. 1886, applications for renewal of a license shall be made to the (part), 2001) City Manager by December 1 of each year. (Ord. 13-2108, § 1 (part), 2013; Ord. 1386, § 1, 1986; Ord. 777, (part), 1977) 5.32.300 Filing of Annual Report. Each authorized organization which has been issued a license shall file at the end of each fiscal year a report made under penalty of perjury with the City clerk containing the following information: 1. Any changes in or additions to the information required under Section 5.32.190; 2. The total amount of money received from the operation of the bingo games in the previous fiscal year; 2013 S-38 8.03.010 CHAPTER 8.03: DOGS AND CATS Section 8.03.010 Restraint of dogs. 8.03.020 Maximum Number of Dogs, Cats or Litters. 8.03.020 Maximum number of dogs, cats or litters. A. No person shall keep or maintain more than two 8.03.030 Vaccination of dogs and cats. dogs over four months of age. No person shall keep or 8.03.035 Keeping of dangerous and potentially maintain more than three cats over four months of age. In dangerous dogs. no event shall there be more than one unspayed cat over four 8.03.040 Registration of dangerous dogs. months old and one unspayed dog over four months of age 8.03.050 License required. on any premises. This restriction shall not apply to premises 8.03.060 License fees. maintained by a veterinarian licensed by the State of 8.03.070 Issuance of license. California for the practice of veterinary medicine or 8.03.080 Metal tags. premises with a valid permit from the City Manager for a 8.03.090 License period. private kennel, commercial kennel, pet shop, animal 8.03.100 Record of licenses. menagerie, or animal shelter. A female dog or cat shall be 8.03.110 Presentation of license on request. rebuttably presumed to be unspayed unless the owner 8.03.120 Veterinarian responsibilities. provides evidence of spaying. Written certification from a 8.03.130 Penalty. licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate showing an animal 8.03.010 Restraint of Dogs. is spayed. The owner or person with the right to control any dog B. No person shall allow the parturition and rearing shall keep such dog under his or her own physical restraint of more than one litter of dogs or cats in any one calendar by means of a leash or shall keep such dog confined behind year from females owned by him or her or maintained on his a fence not less than six feet high except for any of the or her premises without a valid permit from the City following: Manager for a private kennel,commercial kennel,or animal A. Guide dogs for the blind or deaf while performing shelter. (Ord. 1644, § 2 (part), 1994) their duties; B. Dogs participating in field or obedience trials or 8.03.030 Vaccination of Dogs and Cats. conformation exhibitions; Every owner of a dog or a cat over four months of age C. Dogs assisting their owner/handler in legal shall cause such dog or cat to be vaccinated with an hunting activities or in the herding of livestock; anti-rabies vaccine approved by the State Department of D. Dogs assisting a security guard or assisting a Public Health. Revaccination shall be made at such intervals peace officer engaged in law enforcement activities; of time as may be prescribed by the State Department of E. Dogs assisting in search and rescue activities; Public Health. Compliance with the provision of this section F. Dogs participating in City-authorized events or shall be a condition to the issuance or renewal of dog and cat programs; and licenses. (Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), G. Dogs being trained for any of the above described 1994) purposes on private property with the permission of the landowner,so long as these dogs are under the direct control 8.03.035 Keeping of Dangerous and Potentially of the trainer/handler. Any person who violates the Dangerous Dogs. provisions of this section shall be guilty of an infraction and A. The owner or person with the right to control any upon conviction thereof shall be punished as provided in dangerous or potentially dangerous dog shall: Chapter 1.12. (Ord. 13-2105, § 1, 2013; Ord. 09-2041, 1. Keep the dog under his or her own physical 2009;Ord. 1886, (part), 2001; Ord. 1644, §2(part), 1994) restraint and control by means of a leash not to exceed six feet in length. In addition, a dangerous dog must be muzzled; and 9 2013 S-38 8.03.035 Cupertino-Animals 10 2. Post a sign advising of the presence of a B. A license shall not be required for dogs or cats dangerous or potentially dangerous dog at the entrance to temporarily brought into the City for entry into an event, every place where any such dog is confined. The sign shall show, or exhibition scheduled not more than ten days be capable of being understood by a child with the normal thereafter. (Ord. 1644, § 2 (part), 1994) reading skills of a second grader. B. In addition to subsection (A) of this section, the 8.03.060 License Fees. owner or person with the right to control a dangerous dog A. License fees for each dog or cat within the City, shall: including reduced fees for spayed females or neutered 1. Maintain for the dog an enclosed and locked pen males, shall be fixed by resolution of the City Council. Dog or kennel having secured sides and a secured top attached to and cat license fees shall not be refundable. the sides,and having a secure bottom or floor attached to the B. The City Manager may require the submission of sides,or with the sides embedded not less than two feet into a certificate of a licensed veterinarian stating that a dog or the ground,behind a fence not less than six feet high,except cat has been spayed or neutered, or cannot be spayed or where the dangerous dog is kept in an apartment or neutered for health reasons and is incapable of breeding, or condominium; and is biologically incapable of breeding, prior to issuance of a 2. Ensure that when the dog is in a house, license of a lesser fee. apartment, building or similar structure, that the windows C. A late fee may be charged in accordance with and doors of same are secured to prevent the dog from other fees and charges adopted by resolution. exiting without the assistance of the owner or person with D. Licenses and tags for dogs used principally for the the right to control such dog. (Ord. 1886, (part), 2001) purpose of guiding persons who are blind or deaf, and for dogs used in law enforcement by governmental agencies 8.03.040 Registration of Dangerous Dogs. shall be issued upon request without charge. (Ord. 1644, A. Every owner of a dangerous dog over four § 2 (part), 1994) months of age shall register such dog with the City Manager. Such registration shall be renewed on an annual 8.03.070 Issuance of License. basis. A registration fee, and a fee to be charged for A. Upon payment of the license fee, presentation of multiple inspections of required confinement facilities for a valid certificate of vaccination by a duly licensed doctor of such dogs, shall be fixed by resolution of the City Council. veterinary medicine and when required, presentation of a B. Every owner of a dangerous dog over four dangerous dog registration and a valid certificate of public months of age shall obtain a public liability insurance policy liability insurance from an insurer licensed to practice in the from an insurer licensed to practice in the State of State of California, the City Manager will issue a license California, a single-incident amount of not less than fifty stating the name and residence of the person to whom the thousand dollars. Such owner shall give written notice to license is issued, the amount paid, the date of issuance the City Manager of any cancellation or material change in thereof, the date of expiration of the vaccination,the date of such policy at least thirty days prior to the date of such expiration of the dangerous dog registration, the date of cancellation or material change. expiration of the public liability insurance,and a description C. Owners of dangerous dogs unable to meet the of the dog or cat for which the license is issued, together requirements of subsection or A or B of this section, shall with the number of the metallic tag accompanying the same. surrender the dogs to the City Manager for humane B. Owners of dangerous dogs shall notify the City destruction or other disposition, by discretion of the City Manager, in writing, of any changes of address within Manager. (Ord. 1886, (part), 2001; Ord. 1644, §2(part), fourteen days of the date of such change. 1994) C. Notwithstanding subsection A of this section, the Manager, in the Manager's discretion, may refuse to issue 8.03.050 License Required. or renew a license for a period of not more than two years No person shall maintain or board any dog or cat four when such refusal is deemed reasonably necessary to protect months of age or older that has not been licensed pursuant public health, safety and property. (Ord. 1644, § 2(part), to the provisions of this title, except: 1994) A. A license shall not be required for an animal owned or under the control of a nonresident of the City, and 8.03.080 Metal Tags. that is to be kept in the City for less than thirty days in any A. With each dog or. cat license, the City Manager twelve-month period. will issue a metal tag bearing an identifying number. Each dog or cat shall wear the metal tag issued for it at all times 2013 S-38 11 Dogs and Cats 8.03.080 except when being shown at a dog or cat show,exhibition or event or when it is in a fully enclosed structure in the owners premises. In the event it is necessary to issue a duplicate tag, a fee set by the City Council shall be charged to the owner. B. It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog or cat other than the dog or cat for which it is issued. (Ord. 1644, § 2 (part), 1994) 8.03.090 License Period. A. The term of any dog or cat license issued hereunder shall commence on the date of the issuance of the license and shall terminate six months or twelve months or twenty-four months from the date or thirty-six months from date of issue dependent on license fee and or vaccination status tendered. B. Dog and cat licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. (Ord. 1644, §2(part), 1994) 8.03.100 Record of Licenses. The City Manager will keep a record of all licenses issued by him or her, together with a description of the dog or cat for which such license is issued. (Ord. 1644, § 2 (part), 1994) 8.03.110 Presentation of License on Request. Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a dog or cat shall present the dog's or cat's license to that person. (Ord. 1644, § 2 (part), 1994) 8.03.120 Veterinarian Responsibilities. A. Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog or cat with anti-rabies vaccine shall use a form provided by the City to certify that such animal has been vaccinated. B. Every veterinarian provide to the animal owner a copy of the anti-rabies vaccination form for use in obtaining a license for the animal. C. Every veterinarian operating a business within the City of Cupertino shall conspicuously display a sign to notify dog and cat owners that their animals must be licensed. (Ord. 1644, § 2 (part), 1994) 8.03.130 Penalty. Except where otherwise specified, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12. (Ord. 1886, (part), 2001) 2013 S-38 Cupertino-Animals 12 9.18.010 CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION* Section 9.18.010 Purpose of chapter. 9.18.230 Civil penalty for violation-Payment of 9.18.015 Administration. funds to account. 9.18.020 Definitions. 9.18.240 Civil penalty for illicit 9.18.030 Limitations on point of discharge. discharges-Payment of funds to account. 9.18.040 Discharge into the storm drain prohibited. 9.18.250 Notice of violation. 9.18.060 Protection of storm drain from accidental 9.18.260 Administrative penalties-Payment of discharge. funds to account. 9.18.070 Accidental discharge-Notification of 9.18.270 Severability. discharge. 9.18.080 Permitted discharges pursuant to industrial * Prior ordinance history: Ord. 1571. and construction stormwater NPDES general permits. 9.18.090 Stormwater pollution prevention plan 9.18.010 Purpose of Chapter. (SWPPP). The U.S. Environmental Protection Agency has 9.18.100 Permanent stormwater measures required identified urban stormwater runoff as the leading cause of for development and redevelopment water pollution in the United States. Section 402(p) of the projects. federal Clean Water Act, as amended by the Water Quality 9.18.110 Design standards for permanent Act of 1987, requires National Pollution Discharge stormwater treatment measures. Elimination System (NPDES) permits for stormwater 9.18.115 Trash load reductions to storm drain discharges from municipal separate storm sewer systems collection system. (MS4s), stormwater discharges associated with industrial 9.18.120 Stormwater management plan required for activity (including construction activities), and designated regulated projects. stormwater discharges, which are considered significant 9.18.130 Low impact development (LID) contributors of pollutants to waters of the United States. As requirements. a result, the California Regional Water Quality Control 9.18.150 Stormwater treatment measure operation Board, San Francisco Bay Region has issued a Municipal and maintenance responsibility. Regional Stormwater Discharge NPDES permit to the City 9.18.160 Agreement to maintain stormwater of Cupertino and to seventy-six other agencies and entities treatment systems and best management that discharge stormwater runoff to San Francisco Bay.This practices. Municipal Regional Stormwater NPDES Permit requires that 9.18.170 Stormwater treatment systems and BMP the City of Cupertino implement a Stormwater Management inspection and verification responsibility Program to prevent exceedances of water quality objectives (C.3.h). and ensure that discharges do not cause, threaten to cause, 9.18.180 Records of maintenance and inspection or contribute to water quality impairment of waters of the activities and submission of revised State, specifically local waterways and San Francisco Bay. stormwater management plan. The purpose of this chapter is to provide regulations 9.18.190 Failure to maintain. and give legal effect to certain requirements of the 9.18.195 Inspections by City. Municipal Regional Permit issued to the City of Cupertino 9.18.200 Inspection and maintenance easement. on October 14, 2009(Effective December 1, 2009), and to 9.18.210 Stormwater pollutant source controls and ensure ongoing compliance with the most recent version of BMPs. the City of Cupertino's NPDES permit regarding municipal 9.18.215 Litter prevention and enforcement. stormwater and urban runoff requirements. This chapter 9.18.220 Violation. 35 2013 S-38 9.18.010 Cupertino-Health and Sanitation 36 shall apply to all water entering the storm drain system 4. "Best management practice." ("BMP") A generated on any private, public, developed and structural device, measure, facility, or activity that helps to undeveloped lands lying within the City. This chapter shall achieve stormwater management control objectives at a be construed to assure consistency with the requirements of Regulated Project or applicable site. BMPs include, but are the Clean Water Act and Porter-Cologne Act and any not limited to the following: secondary containment for applicable implementing regulations,as they exist at the time storage receptacles;rock entrances at construction site exits; of enactment or as later amended. timers on sprinklers and berms and filter fabrics protecting Enactment of this chapter falls within the goals stated storm drain inlets. "Maintenance of a best management in the City's General Plan, sections 5-32 through 5-37 practice or stormwater treatment system." Periodic action (Urban Runoff Pollution) and the scope of the City of taken to maintain the as-designed performance of best Cupertino police powers to protect the health, safety, and management practice or stormwater treatment system, and welfare of its residents. Nothing in this chapter is intended includes, but is not limited to, repairs as necessary and to preclude more stringent federal or state regulation of any replacement of the best management practice or stormwater activity covered by this chapter. (Ord. 2088, § 1 (part), treatment system by an equally effective or more effective 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), best management practice or stormwater treatment system. 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 5. "Bio-retention area." Landscaping features 1992) adapted to treat stormwater runoff on a development site. Surface runoff is directed into shallow, landscaped 9.18.015 Administration. depressions. These depressions are designed with soil This chapter shall be administered by the Director of mixtures and vegetation that incorporate many of the Public Works. Any powers granted to or duties imposed pollutant removal systems that operate in a natural upon this individual to administer, implement and enforce ecosystem. If the subsurface soils will not allow for natural the provisions of this chapter may be delegated to other City infiltration(e.g.,heavy clay soil),the filtered runoff may be personnel. (Ord. 2088, § I(part), 2012) collected in a perforated underdrain in the area and returned to the storm drain collection systems. 9.18.020 Definitions. 6. "CASQA." California Stormwater Quality For the purposes of this chapter, the following words Association. and phrases shall have the meanings ascribed to them by this 7. "CASQA Stormwater Best Management Practice section, unless the context or the provision clearly requires Handbook." The four-volume set of handbooks for New otherwise. Words and phrases not defined in this chapter and Redevelopment, Construction, Industrial and shall have the definitions set forth in the Municipal Regional Commercial, and Municipal operations produced by Permit or by the regulations implementing the National CASQA and available at www.casqa.org. Pollutant Discharge Elimination System, Clean Water Act 8. "City." All the territory lying within the Section 402, and Division 7 of the California Water Code, municipal boundaries of the City of Cupertino, as presently as they currently exist or may be amended. existing, plus all territory which may be added thereto 1. "Applicant."Any person, firm,or governmental during the effective term of the ordinance codified in this agency who executes the necessary forms to procure official chapter. approval of a project or a permit to carry out construction of 9. "Conditionally Exempt Discharge." A a project. categorization of non-stormwater discharges based on 2. "Applicable site."Any site that could reasonably potential for pollutant content that may be discharged upon be considered to cause or contribute to pollution of adequate assurance that the discharge contains no pollutants stormwater runoff. This definition includes but it not of concern at concentrations that will impact beneficial uses limited to pollutant sources associated with outdoor process or cause exceedances of water quality standards. and manufacturing areas, outdoor material storage areas, 10. "Construction." Constructing,clearing,grading, outdoor waste storage and disposal areas, outdoor vehicle or excavation that results in soil disturbance. Construction and equipment storage and maintenance areas, outdoor also includes structure demolition. Construction does not parking areas and access roads,outdoor wash areas,outdoor include routine maintenance to maintain original line and drainage from indoor areas, rooftop equipment, grade, hydraulic capacity, or original purpose of a facility, contaminated and erodible surface areas, and other sources nor does it include emergency construction activities determined to have a reasonable potential to contribute to required to immediately protect public health and safety, pollution of stormwater runoff. interior remodeling with no outside exposure of construction 3. "Authorized enforcement official." The director material or construction waste to stormwater or mechanical of public works or the director's designees. permit work. 2012 S-32 38A Stormwater Pollution Prevention and Watershed Protection 9.18.020 41. "Land development activities." Those actions or 48. "Micro-detention." A series of multiple small activities that comprise, facilitate, or result in land stormwater detention areas that absorb or detain some or all development. of the stormwater runoff in a development site, by 42. "Land disturbance activity." Any activity that temporarily storing stormwater near where it falls as moves soils or substantially alters the pre-existing vegetated precipitation. Micro-detention is one of several Best or man-made cover of any land including,but not limited to, Management Practices that can be used to treat or infiltrate grading,digging,cutting scraping,stockpiling or excavating stormwater or collect it for reuse at a development site and of soil; placement of fill materials; paving, pavement can include common landscaping features such as small removal, exterior construction; substantial removal of garden areas, tree grates, perimeter hedges, and vegetation where soils are disturbed including, but not bio-retention areas such as rain gardens; it may also include limited to, removal by clearing or grubbing or any activity non-vegetated areas such as sub-surface storage areas with which bares soil or rock or involves streambed alterations or regulated out-flow. diversion or piping of any watercourse. Land disturbance 49. "Mobile Businesses." Service providing activity does not include routine maintenance to maintain businesses that operate by traveling to customers or original line and grade, hydraulic capacity, or the original customer's sites, rather than operating from a permanently purpose of the facility, nor does it include emergency fixed facility. Examples of mobile businesses with a construction activities required to protect public health and potential to discharge non-stormwater discharges are, but safety. are not limited to,automobile washing,vehicle oil changing, 43. "Land owner"or"Property Owner." The holder power washing, steam cleaning, and carpet cleaning. of legal title to the land, and other persons or entities who 50. "Municipal National Pollutant Discharge exercise control over a land development project pursuant to Elimination System (NPDES) Permit." The Municipal rights granted in a purchase agreement, joint venture Regional Stormwater National Pollution Discharge agreement, development agreement, or long-term lease. Elimination System permit issued to the City of Cupertino 44. "Landscape." As it is used in this chapter, by the Regional Water Quality Control Board, San landscape may be, but is not limited to, garden areas, lawn, Francisco Bay Region, also termed the Municipal Regional turf, trees, hedges, vegetated areas, planting areas, rain Permit(MRP). All requirements in the Municipal Regional gardens, native vegetation, existing wildland, and open Permit are required and enforceable by the City. spaces with permeable ground. 51. "New development." A land development 45. "Litter." As used in this chapter, litter may be, activity on a previously undeveloped site. but is not limited to, plastic, paper, cigarette butts, floor 52. "Non-stormwater." Any discharge that is not sweepings, trash, rubbish, food, cloth, metal, recyclable composed entirely of stormwater. material, or waste matter of whatever character. 53. "Notice of Violation" ("NOV"). An official 46. "Low Impact Development" ("LID"). An written notice of noncompliance,issued to a discharger from approach to new and redevelopment designs to reduce runoff the Director of Public Works, which provides notification and mimic a site's predevelopment hydrology by minimizing that a violation of this chapter has occurred, consistent with disturbed areas and impervious cover, and promoting an Enforcement Response Plan written in accordance with infiltration,storage,detainment,evapotranspiration,and/or permit requirements. the harvesting of stormwater runoff close to its source. LID 54. "NPDES."As authorized by the Clean Water Act techniques include both source control and site design (CWA), the National Pollutant Discharge Elimination measures and employ principles such as preserving and System (NPDES) Permit Program which controls water recreating natural landscape features and minimizing pollution by regulating sources that discharge pollutants into imperviousness. LID stormwater control measures include, waters of the United States. The State Water Board but are not limited to, rain barrels, cisterns, green roofs, establishes policies and regulations that help protect and permeable pavement, and preserving undeveloped open restore the water quality in California, coordinates with and space. LID principles treat stormwater as a resource, rather supports Regional Water Board efforts, and reviews than a waste product that must be removed from the site. Regional Water Board actions. The Regional Water Boards 47. "Maximum extent practicable." A standard for monitor and enforce the plans,policies, and regulations and implementation of stormwater management programs to issue the vast majority of NPDES permits, typically for a reduce pollutants in stormwater to the maximum extent five-year term. possible, taking into account equitable considerations and 55. "Operation and maintenance agreement." A competing facts including,but not limited to the seriousness written agreement providing for the long-term operation and of the problem, public health risks, environmental benefits, maintenance of stormwater treatment measures at a site or pollutant removal effectiveness,regulatory compliance,cost with respect to a land development project, which when and technical feasibility. recorded in the deed records constitutes a restriction on the 2013 S-38 9.18.020 Cupertino-Health and Sanitation 38B title to a site or other land involved in a land development 64. "Riparian areas." An ecosystem that is the project. interface between dry land and a water body such as a 56. "Owner." The legal or beneficial owner of a creek, stream, river, lake, or marsh. Vegetation in riparian site, including but not limited to, a mortgagee or vendee in areas is characterized by a predominance of hydrophilic possession, receiver, executor, trustee, lessee or other plants. person, firm or corporation in control of the site. 65. "Runoff." The water from rain or irrigation that 57. "Permeable or Pervious surfaces." Surfaces such flows over the land surface and is not absorbed into the as pervious concrete, porous asphalt, unit pavers, and/or ground,instead flowing into streams or other surface waters granular materials that allow water to infiltrate into or land depressions. subsurface soil. 66. "Runon."Water entering a specific location from 58. "Permit." The permit issued by the City of elsewhere on or off a site. Cupertino to the applicant required for undertaking any land 67. "Sanitary sewage or sewage." Water-carried development activity. wastes from residences, business property, institutions and 59. "Person." Any person, firm, association, industrial property excluding ground water, surface water, organization, partnership, business trust, joint venture, and storm waters. corporation or company, and includes the United States, the 68. "Santa Clara Valley Urban Runoff Pollution State of California, the County of Santa Clara, special Prevention Program." ("SCVURPPP") The Santa Clara purpose districts and any officer or agency thereof. Valley Urban Runoff Pollution Prevention Program is an 60. "Pollutant of Concern." As described in the association of thirteen cities and towns in the Santa Clara Municipal Regional Permit, pollutants of concern are, but Valley, together with Santa Clara County and the Santa are not limited to, sewage, industrial wastes, heavy metals, Clara Valley Water District. Program participants,referred sediments from active or inactive construction sites, vehicle to as Co-permittees, share a common Municipal Regional fluids,chlorine and chlorine compounds(including pool and Permit to discharge stormwater to South San Francisco Bay. spa water), synthetic organics (pesticides, herbicides, and 69. "Secondary containment." The level of PCBs), paints, solvents, trash, litter, cardboard, debris, containment external to and separate from the primary rubbish, refuse, bark, sawdust, or other solid wastes. containment,designed as the first level of protection against 61. "Redevelopment." Any land-disturbing activity accidental discharges or overflows from the primary that results in the creation, addition, or replacement of containment. exterior impervious surface area on a site on which some 70. "Sewer system or sanitary sewer system." All past development has occurred. Redevelopment includes, sewers and other facilities for carrying, collecting, treating, but is not limited to the expansion of a building footprint; and disposing of sanitary sewage. addition or replacement of a structure; replacement of 71. "Site." Any tract, lot or parcel of land or impervious surface area that is not part of a routine combination of tracts, lots, or parcels of land, which are in maintenance activity; and land disturbing activities related one ownership, or are contiguous and in diverse ownership to structural or impervious surfaces. Excluded are interior where a development is to be performed as part of a unit, remodels; routine maintenance or repair, such as roof or subdivision, or project. exterior wall surface replacement; and pavement 72. "Site design measures." Techniques designed to maintenance resurfacing within the existing footprint. reduce the amount of runoff by decreasing the amount of 62. "Regional project." A regional or municipal impervious surface, infiltrating runoff into the soil and/or project with sufficient capacity or credit to protect or temporary detention. Examples of site design measures enhance water quality and/or beneficial uses in a manner include directing runoff to landscaped areas, limiting the equivalent to or greater than the stormwater benefits that amount of impervious surface, and using permeable would have been provided from the installation of the pavement. required treatment measures at the subject project site. A 73. "Source control measure." Any schedule of regional project must discharge to or address the same activities,prohibitions of practices,maintenance procedures, receiving waters as the subject project site and must meet managerial practices or operational practices that aim to other Municipal Regional Permit conditions, such as prevent stormwater pollution by reducing the potential for requirements for the project completion date. contamination at the source of pollution. Structural measures 63. "Regulated Project." Any project fitting a or nonstructural practices used to eliminate contact between category description listed in Provision C.3.b. of the rainfall and potential source of contamination. Examples Municipal Regional Permit. include covered materials handling and vehicle washing 2013 S-38 38C Stormwater Pollution Prevention and Watershed Protection 9.18.020 areas, parking lot sweeping, and sewer clean-outs installed limited to filtration, gravity settling, media absorption, adjacent to new swimming pools. biodegradation, biological uptake, chemical oxidation and 74. "Special land use categories." Regulated Projects ultraviolet (UV) radiation. in the categories of (i) auto service facilities described in 81. "Threatened Discharge." A condition creating a Standard Industrial Codes (SIC) 5013, 5014, 5541, 7532, reasonable probability that a discharge would contact or 5734 and 7536 through 7539;(ii)retail gasoline outlets;(iii) would eventually be transported to the storm drain system, restaurants(5812);or(iv)uncovered parking lots that stand gutters or surface waters, including flood plain areas. alone or are part of any development project, including the 82. "Unpolluted water." Water to which no top uncovered portion of parking structures,unless drainage constituent has been added,either intentionally,accidentally, from the uncovered portion is connected to the sanitary or through erosion, that would render the water sewer. unacceptable for disposal to storm or natural drainages or 75. "Storm drain system." The conveyance or directly to surface waters. system of conveyances, including roads with drainage 83. "Vehicle fluid." A liquid used in or drained from systems, municipal streets, catch basins, curbs, gutters, a motor vehicle. Vehicle fluids include, but are not limited ditches, manmade channels, or storm drains owned or to, gasoline, diesel fuel; motor oil, brake fluid, radiator operated by the City and used for the purpose of collecting, fluid, hydraulic fluid, transmission fluid, windshield wiper storing, transporting, or disposing of runoff. fluid, and coolant. 76. "Stormwater." Surface runoff and drainage 84. "Vehicle service facility." A commercial or associated with storm events. industrial facility that conducts one or more of the following 77. "Stormwater discharge." Any discharge from operations with respect to vehicles or components of land that results or probably will result in a discharge into vehicles: vehicle repair, fuel dispensing, vehicle fluid watercourses. The discharges represent a process whereby replacement,engine and parts cleaning,body repair,vehicle pollutants,debris and chemicals generated from various land salvaging and wrecking, or vehicle washing. uses accumulate on streets, construction sites, parking lots 85. "Waste." Sewage and soil from erosion and any and other exposed surfaces and are washed off and carried and all other waste substances, liquid, solid, gaseous or away by stormwater runoff into watercourses. The major radioactive, associated with human habitation, or of human pollutants of concern in these discharges are heavy metals, or animal origin, or from any producing, manufacturing or sediments, petroleum hydrocarbons, organochlorine, processing operation of whatever nature, including waste pesticides and toxics. placed within containers of whatever nature prior to,and for 78. "Stormwater Management Plan." A document purposes of, disposal. describing how existing runoff characteristics will be 86. "Watercourse." Any natural or artificial stream, affected by a land development project and containing river, creek, ditch, channel, canal, conduit, culvert, drain, measures for preventing increased flood damage, waterway, gully, ravine or wash, in and including any streambank channel erosion and habitat and water quality adjacent area that is subject to inundation from overflow or degradation, while enhancing and promoting public health, flood water. safety and general welfare, in compliance with the 87. "Water quality impact." Any deleterious effect provisions of this chapter. on waters or wetlands, including their quality, quantity, 79. "Stormwater Pollution Prevention Plan." surface area, species composition, aesthetics or usefulness ("SWPPP") A document identifying potential stormwater for human or natural uses that are or may potentially be pollutant sources at a construction or industrial site,the best harmful or injurious to human health, welfare, safety or management practices to be used to reduce these pollutants property,to biological productivity,diversity,or stability or during and after construction and a description of required which unreasonably interfere with the enjoyment of life or BMP monitoring. property, including outdoor recreation. 80. "Stormwater Treatment" or "Stormwater 88. "Water Waste." Outdoor water intended for Treatment Measure." A constructed treatment system, or landscape irrigation or other beneficial uses, which due to nonstructural practice designed to temporarily retain, overwatering, overspray, broken equipment, or any other infiltrate or otherwise store and/or treat stormwater runoff inefficiency or malfunction, flows to adjacent impervious in order to remove pollutants, mitigate flooding, protect surfaces (walks, roadways, parking lots or other structures habitat, and provide other amenities. Stormwater treatment that prohibit ground infiltration) and is wasted as runoff. measures include site design, source control, low impact 89. "Wet Waste Business." A business that produces development control measures and hydromodification food, organic and/or liquid wastes (collectively "wet management controls. Such processes include, but are not waste") which, if left out in the open as opposed to in a 2013 S-38 9.18.020 Cupertino-Health and Sanitation 38D secured container, could create a public nuisance as well as Control Board and are exempt from discharge prohibitions a stormwater violation, is a wet waste business. Such established by this chapter, provided compliance with all businesses include, but are not limited to restaurants, relevant permit conditions is maintained to the satisfaction grocery stores, produce markets and florists. of the Board. Stormwater discharges at a facility with a (Ord. 13-2103, § 1,2013;Ord. 2088, § 1 (part), 2012;Ord. facility specific permit which only addresses process 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. discharges or non-stormwater discharges are not exempted. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) F. Categorically Allowed Discharges.The following unpolluted discharges are exempt from prohibitions of 9.18.030 Limitations on Point of Discharge. non-stormwater discharges: No person shall discharge any substance directly into (1) Flows from riparian habitats or wetlands; a manhole or other opening in a City storm drain other than (2) Diverted stream flows; through a City approved storm drain connection. (Ord. (3) Flows from natural springs; 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. (4) Rising ground waters; 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. (5) Uncontaminated and unpolluted groundwater 1598, § 1 (part), 1992) infiltration; (6) Pumped groundwater from drinking water 9.18.040 Discharge into the Storm Drain Prohibited, aquifers; and A. It is unlawful to cause, allow, or permit to be (7) NPDES permitted discharges (individual or discharged, any discharge not composed entirely of general permits). stormwater to the storm drain system or to surface waters or G. Conditionally Exempted Discharges. The to any location where it would contact or eventually be discharges identified in the Municipal Regional Permit transported to surface waters, including flood plain areas, (Provision C.15.b,Conditionally Exempted Non-Stormwater unless specifically called out in the Municipal Regional Discharges) are conditionally exempt from the discharge Permit as an exempt or conditionally exempt discharge. prohibitions established by this chapter if dischargers B. It is unlawful to cause or allow discharges develop and implement appropriate control measures to including, but not limited to pool water, carwash water, eliminate adverse impacts of such sources in accordance ongoing and large-volume landscape irrigation water, with the tasks and implementation levels of each category of sediment, stockpiled material, rubbish, refuse, bark, Provision C.15.b.i-viii. sawdust,solid wastes or hazardous materials to be deposited H. Exemptions Not Absolute. Any discharge in such a manner or location as to constitute a threatened category (exempt or conditionally exempt) that is a discharge into storm drains, gutters, or watercourses. significant source of pollutant to waters of the United States C. It is unlawful to throw, deposit, leave, abandon, shall be prohibited from entering the storm drain system, or maintain or keep materials or wastes on public or private shall be subjected to a requirement to implement additional lands in a manner and place where they may result in a best management practices to reduce pollutants in the "threatened discharge" or an illicit discharge. discharge to the maximum extent practicable. Such D. Allowable discharges to the storm drain system prohibitions shall be effective on a schedule specified by an shall not cause any impairment in the beneficial uses or authorized enforcement official in a written notice to the quality of water of the state as defined in the California discharger. The schedule may take into account the nature Water Code or any special requirements of the Regional and severity of any effects caused by the discharge; and the Water Quality Control Board, San Francisco Bay Region or time required to design, engineer, fund, procure, construct to injure or interfere with the operation of the State's and make appropriate best management practices watercourses. City may, from time to time,by resolution of operational. the City Council adopt supplementary policies, rules and I. Non-Stormwater Discharge.This prohibition shall regulations on discharge into any storm drain or watercourse not apply to any non-stormwater discharge permitted under which shall have the same force and effect as if set forth an NPDES permit, waiver, or waste discharge order issued herein and for which the remedies herein for violation shall to the discharger and administered by the state of California be applicable. under the authority of the Federal Environmental Protection E. Separately Permitted Discharges regulated under Agency, provided that the discharger is in full compliance a valid facility-specific NPDES permit or facility-specific with all requirements of the permit, waiver, or order and Regional Water Quality Control Board waste discharge other applicable laws and regulations. The authorized requirements permit, not including a state general permit, enforcement official may exempt in writing other shall be regulated exclusively by the Regional Water Quality non-stormwater discharges which are not a source of 2013 S-38 38-0 Stormwater Pollution Prevention and Watershed Protection 9.18.210 3. For new or remodeled swimming pools where it equipment and absorbent materials are kept in stock at all is infeasible to direct discharges to landscaped areas, a times and are readily available for use. sewer clean out shall be installed in a readily accessible 10. It is unlawful to store acid-containing batteries or area, within ten(10) feet of the pool edge, if possible. any material that is deemed by an enforcement official as a F. Vehicle and Equipment Fueling Facilities. threat to the storm drain system, except within secondary Vehicle or equipment fueling facilities shall be designed in containment. accordance with the California Stormwater Quality 11. All owners and operators of vehicle service Association (CASQA) Industrial Stormwater Best facilities shall label all storm drains located on the property Management Practices Handbooks to prevent the runon of of the facility a reminder to persons that the discharge of stormwater and runoff of spills. At minimum this shall be anything other than rain water into the storm drain is accomplished by: prohibited. 1. Paving the fueling area with concrete or other H. Food Service Facilities. impervious surface; 1. Food service facilities shall have a sink or other 2. Covering the fueling area and extending the cover area for cleaning floor mats, containers, and equipment, a minimum of ten (10) feet beyond the fuel pumps in the which is connected to a grease removal device and the directions of vehicle or equipment access and egress; and sanitary sewer. The sink or cleaning area shall be large 3. Grading the area (sloped inward) or installing a enough to clean the largest mat or piece of equipment that berm or curb around the perimeter of the fueling area. requires cleaning at the facility. Storm drains shall be prohibited in these fueling areas. 2. All new buildings constructed to house food G. Vehicle Service Facilities. service facilities and all existing buildings constructed to 1. It is unlawful for any person to dispose of, or house food service facilities which are subject to City review permit the disposal or runoff, directly or indirectly, of and approval for changes or modifications shall include a vehicle fluids,hazardous materials,or rinsewater from parts covered area for dumpsters to prevent water runon to the cleaning operations into storm drains. area and runoff from the area. Dumpster storage areas shall 2. All owners and operators of vehicle service be designed in accordance with the City's Public Works facilities shall ensure that any vehicle fluid, hazardous Guidelines for Non-Residential Building Trash&Recycling material, or rinsewater from parts cleaning operations that Enclosures. Retrofits to existing facilities shall be revamped comes into contact with any floor, pavement or ground to the maximum extent practicable and shall be subject to the surface is cleaned up immediately from such surface. approval of the Director of Public Works. 3. It is unlawful to use tanks, containers or sinks for 3. Drains that are installed beneath dumpsters parts cleaning or rinsing which are connected to the storm serving food service facilities shall be connected to a grease drain system. removal device upstream of the connection to the sanitary 4. It is unlawful for any person to perform vehicle sewer. fluid removal outside a building, or on asphalt or ground I. Parking Garages. surfaces, whether inside or outside a building, except in 1. If installed, parking garage floor drains on such a manner as to ensure that any spilled fluid will be in interior levels shall be not be connected to the storm drain, an area of secondary containment. but to an oil/water separator prior to discharging to the 5. Leaking vehicle fluids shall be contained or sanitary sewer system. drained from the vehicle immediately to protect the storm 2. Parking garage oil/water separators shall have a drain system. minimum capacity of 100 gallons. 6. It is unlawful for any person to leave unattended 3. The parking garage oil/water separator shall be drip parts or other open containers containing vehicle fluid, cleaned at a frequency of at least once every twelve months unless such containers are in use or in secondary or more frequently if recommended by the manufacturer or containment. as required by the City or other regulatory agency. 7. It is unlawful for any person to discharge J. Root control chemicals. It is unlawful for any washwater from vehicle washing operations or wash racks person to discharge, dispose or add to the storm drain to a storm drain, or onto impervious ground surface. system any substance to control roots. 8. Vehicle service facilities shall be cleaned using K. Dumpsters. only those methods of cleaning that ensure that no materials 1. All new buildings, except for single-family and are discharged to the storm drain. duplex residences, all new "wet waste" businesses and all 9. All owners and operators of vehicle service existing "wet waste" businesses which are subject to City facilities shall ensure that spill prevention and clean-up review and approval for changes or modifications, shall 2012 S-32 9.18.210 Cupertino-Health and Sanitation 38P provide a covered area for a dumpster(s) designed in indoor storage unit. Storage of pesticides shall follow accordance with the City's Public Works Guidelines for guidance from the local fire department and/or the Santa Non-Residential Building Trash & Recycling Enclosures. Clara County Agricultural Commissioner. Retrofits to existing facilities shall be revamped to the 3. Employees who use pesticides must be trained to maximum extent practicable and shall be subject to the clean up spills. Spill kits shall be provided and stored near approval of the Director of Public Works. pesticides. 2. The area shall be designed to prevent water runon O. Mobile Businesses. to the area and runoff from the area. 1. Mobile businesses shall be required to use best 3. Dumpsters serving food service facilities shall be management practices and source control measures that designed in accordance with Section 9.18.210. comply with Municipal Regional Permit. L. Multi-Family Residential Vehicle Washing P. Outdoor Recycling, Composting and Trash Facilities. Receptacle Sets Required for Public Use at New and 1. New residential buildings with 25 or more units Redeveloped Commercial and Retail Sites. shall provide a covered, bermed area for occupants to wash 1. To help prevent littering, a set of outdoor their vehicles. receptacles consisting of three separate containers one each 2. The vehicle washing area shall be designed to for recyclable, compostable and garbage materials must be prevent water runon to the area and runoff from the area. provided by the property owner and placed together in 3. A drain shall be installed to capture all vehicle collection areas for public use at all new and redeveloped wash waters and shall be connected to an oil/water separator commercial and retail sites. The receptacles shall be prior to discharge to the sanitary sewer system. Discharge maintained by the property owner or the property owner's to the sanitary sewer must first be approved by Cupertino designee. Sanitary District. 2. One set of these receptacles may satisfy the 4. Vehicle washing area oil/water separators shall requirement for up to four adjacent businesses at one have a minimum capacity of 100 gallons. shopping center. The number of receptacle sets that are 5. The oil/water separator shall be cleaned at a required will be determined by the Director of Public Works frequency of at least once every six months or more and are intended to be sufficient to contain the amount of frequently if recommended by the manufacturer or the litter and debris that is reasonably expected to be generated superintendent. from the type and size of the businesses at each commercial M. Copper Roofing and Architectural Materials. or retail site. 1. Copper metal roofing,copper granule-containing 3. The requirement for outdoor litter receptacles asphalt shingles and copper gutters shall not be permitted for shall be a condition of approval that will be reviewed within use on any residential,commercial or industrial building for the permit application process. The condition may be which a building permit is required. amended if an alternative set of bins will provide equal 2. Copper flashing for use under tiles or slates and containment of public litter, or waived by the Director of small copper ornaments are exempt from this prohibition. Public Works if the potential impact from litter in the 3. Discharges to the storm drain collection system of vicinity of the business is negligible. (Ord. 13-2103, § 2, wastewater generated during the installation, cleaning, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), treating, and washing of copper architectural features, 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), including copper roofs are prohibited. Discharges to 2003) landscaping or to the sanitary sewer system(with approvals from Cupertino Sanitary District and the City of San Jose's 9.18.215 Litter Prevention and Enforcement. Water Pollution Control Plant) are allowed. A. Violations 4. Discharges of water from pools (including 1. It is unlawful for any person to sweep, throw, connection for filter backwash), spas, fountains and water deposit, place, or drop without picking up, any litter into or features that contain copper based chemicals are prohibited. upon any public street, way, sidewalk, parking lot or other N. Pesticide Storage at Commercial Facilities. public place, or in or upon private property in the City into 1. Pesticides shall be stored in labeled containers or upon which the public is admitted by easement or license. and shall not be stored where they can be exposed to rain or 2. It is unlawful for any person to throw or deposit irrigation water and be allowed to runoff to storm drains or litter in any fountain, pond, creek, stream or other body of creeks. water in a park or elsewhere within the City. 2. Secondary containment shall be required for 3. It is unlawful for any person to collect any containment of pesticides, unless they are stored in an garbage, mixed recyclables, or other materials from public 2013 S-38 38Q Stormwater Pollution Prevention and Watershed Protection 9.18.215 or privately authorized outdoor receptacles, kept or C. Exceptions accumulated within the City, unless such person is an agent The provisions of this section shall not apply to the or employee of the City acting within the course and scope distribution of mail by the United States, nor to newspapers of his or her employment, or is acting pursuant to a of general circulation as defined by general law, nor any franchise awarded by the City to act as garbage collector. periodical or current magazine regularly published; 4. It is unlawful for any person to throw or deposit provided, however, that no newspaper shall be thrown, litter on any occupied private property within the City, deposited or distributed upon any premises where the owner whether owned by such person or not. or inhabitant thereof shall have previously advised, in 5. It is unlawful for any person to throw or deposit writing, the publisher or distributor of such newspaper not litter on any open or vacant private property within the City to do so; and no newspaper shall be thrown, deposited or whether or not the property is owned by such person. distributed upon any premises where two (2) or more 6. It is unlawful for any person to drive or move any editions of the same newspaper remain unclaimed by the open vehicle or trailer within the City unless there is a tarp owner or occupant thereof. (Ord. 13-2103, § 3 (part), over the contents or the material is constructed and loaded 2013) so as to ensure that all litter is prevented from being blown or deposited upon any street, alley or other public or private 9.18.220 Violation. place. Any person who violates any provision of this chapter B. Collection and Maintenance shall be guilty of a misdemeanor and upon conviction 1. Persons placing material intended for disposal or thereof shall be punished as provided in chapter 1.12 of this recycling in public receptacles or in authorized private Code. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), receptacles shall do so in such a manner as to prevent it 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), from being scattered, carried or deposited by the elements 2003; Ord. 1598, § 1 (part), 1992) or animal scavengers upon any street, sidewalk,parking lot, creek, park or other public or private place. 9.18.230 Civil Penalty for Violation-Payment of 2. Persons placing material intended for disposal or Funds to Account. recycling in any public or privately authorized outdoor Any person who violates any provision of this Chapter receptacle shall ensure that the lid is left completely closed. or any provision of any permit issued pursuant to this The over-filling of any outdoor receptacle intended for, but Chapter shall be civilly liable to the City in a sum not to not limited to, trash, compostable organics and recyclables, exceed the amounts provided for in Government Code §§ in a manner that does not allow the lid to be completely 54740 and/or 54740.5. The City may petition the Superior closed is prohibited. The lid of a residential yard waste bin Court pursuant to Government Code § 54740 to impose, may be left partially open so long as the greater part of the assess and recover such sums. The civil penalty provided in yard and tree trimmings are contained if it is necessary to this section is cumulative and not exclusive, and shall be in leave the lid partially open due to the branches or limbs not addition to all other remedies available to the City under fitting completely into the bin with the lid closed. Yard State and Federal law and local ordinances. Funds collected waste bins containing food waste must be left with lids pursuant to this Section shall be paid to City's completely closed when not being serviced. Environmental Storm Management Account. (Ord. 2088, 3. Uncontained large items originating from § I (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, single-family homes that will not fit into a receptacle may be § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, placed at the curb for scheduled collection within 24 hours § l (part), 1992) of such collection by an agent or employee of the City or by the awardee of a franchise by the City to act as garbage and 9.18.240 Civil Penalty for Illicit Discharges-Payment recycling collector. of Funds to Account. 4. Persons owning or occupying property shall Any person who discharges pollutants, in violation of maintain the premises, including the perimeter and the this Chapter, by the use of illicit connections shall be civilly sidewalk in front of their premises, free of loose litter. liable to the City in a sum not to exceed Twenty Five 5. Persons sharing receptacles placed outside of Thousand Dollars per day per violation for each day in retail areas for public use, as required in section which such violation occurs. The City may petition the 9.18.210.4.P., must also share equally in the responsibility Superior Court pursuant to Government Code § 54740 to of emptying the receptacles so that they do not overflow and impose, assess and recover such sums. The civil penalty maintaining the area around the receptacles so that it is free provided in this section is cumulative and not exclusive,and of loose litter. shall be in addition to all other remedies available to the City 2013 S-38 9.18.240 Cupertino-Health and Sanitation 38R under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.250 Notice of Violation. Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit revocation or suspension, he/she shall issue a notice of violation which: 1. Enumerates the violations found; and 2. Orders compliance in any manner authorized by and consistent with the City's Enforcement Response Plan and the provisions of chapter 1.10 of this Code. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.260 Administrative Penalties—Payment of Funds to Account. Whenever the City Manager or his/her designee finds that any person has violated any provision of this chapter,or has violated any notice requiring compliance with any provision of this chapter,the City Manager or designee may issue an administrative citation pursuant to the procedures set forth in Chapter 1.10 of this code and assess an administrative penalty in a sum not to exceed the amounts provided in Government Code § 54740.5. The remedy provided in this section is cumulative and not exclusive,and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. (Ord. 13-2103, §3(part),2013;Ord. 2088, § 1 (part),2012;Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.270 Severability. If any section, subsection, subdivision, sentence, clause,or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 2013 S-38 5 Parks 13.04.090 13.04.090 Park and/or Building Permit—Fees and D. Construct or erect any building or structure of Deposit. whatever kind, whether permanent or temporary in Upon the granting of a permit under this chapter, any character, or run or string any public service utility into, fees or deposits required for the use of City personnel, upon or across such lands, except on special written permit building,equipment, and facilities shall be contained in said issued under this chapter; permit and said fees or deposits shall be paid by the E. Go upon any lawn or grass plot,where prohibited applicant within ten days of the receipt of said permit. If by the parks and recreation department, and where such said fees or deposits are not paid within said ten days, then, prohibition is indicated by proper and legible signs; in that event, the permit therefor issued shall be null and F. Damage, cut, carve, transplant or remove any void: tree or plant,or injure the bark,or pick the flowers or seeds A. Building fees and charges have been established of any tree or plant. Nor shall any person attach any rope, and are regulated by the type of organization or individual wire, or other contrivance to any tree or plant. No person usage proposed by the application and such fees are subject shall dig in, or otherwise disturb any grass area, or in any to change as required by personnel or City costs; way injure or impair the natural beauty or usefulness of any B. Building deposit fees are refundable upon to incite areas; violence, crime or disorderly conduct; approval of the G. Climb any tree or walk, stand or sit upon any City Manager, providing no damage arises from the monuments, vases, fountains, railing, fences, or upon any applicant's usage. (Ord. 531, § 9, 1972) other property not designated or customarily used for such purposes; 13.04.100 Park and/or Building Permit—Liability. H. Hunt, molest, harm, frighten, kill, trap, chase, Persons to whom an exclusive use permit has been tease,shoot or throw missiles at any animal,reptile,or bird; granted must agree in writing to hold the City harmless and nor shall any person remove or have in his possession the indemnify the City from any and all liability for injury to young of any wild animal, or the eggs or nest or young of persons or property occurring as a result of the activity any reptile or bird. Exception to the foregoing is made in sponsored by the permittee and said person shall be liable to that snakes known to be deadly poisonous, such as the City for any and all damage to parks, facilities, and rattlesnakes, or other deadly reptiles may be killed on sight; buildings owned by the City,which results from the activity I. Use any system for amplifying sounds, whether of permittee or is caused by any participant in said activity. for speech or music or otherwise, unless an exclusive use (Ord. 531 §10,1972) permit is first secured. (Ord. 531, § 12, 1972) 13.04.110 Park and/or building permit—Revocation. 13.04.130 Behavior of Persons in Parks. The City Manager shall have the authority to refuse a No person in a park shall do any of the following: permit upon a finding that any use or activity is in violation A. Bring to a park any alcoholic beverages, and no of the provisions of this chapter, or any other ordinance of person may drink alcoholic beverages at any time in a park, the City, or of any rule promulgated hereunder, or upon except picknickers, who may bring to a park, and drink, good cause shown. (Ord. 531, § 11, 1972) beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner; 13.04.120 Use of Park Property. B. Enter or remain in a park while under the No person in a park shall do any of the following: influence of intoxicating liquor or any drug; A. Wilfully mark, deface, disfigure, injure, tamper C. Have brought, or have in his possession, or set with or displace or remove any buildings, bridges, tables, o:Ff,or otherwise cause to explode or discharge or burn, any benches, fireplaces, railing, paving or paving material, firecrackers, torpedoes, rockets, or other fireworks or water lines or other public utilities or parts or appurtenances explosives of inflammable material, or discharge them or whatsoever, either real or personal; throw them into any such area from land or any highway B. Litter, soil or defile restrooms. No person over adjacent thereto. This prohibition includes any substance, the age of six years shall use restrooms and washrooms compound, mixture or article that, in conjunction with any designed for the opposite sex; other substance or compound would be dangerous from any C. Dig or remove any soil, rock, stones, trees, of the foregoing standpoints; shrubs or plants, down timber or other wood or materials, D. No person having the control or care of any dog, or make any excavation by tool, equipment, blasting or shall suffer or permit such dog to enter or remain in a park other means or agency. It is unlawful to gather firewood or or sport field, unless posted for such use, and then only if it to collect within the park any type of plant material for the is led by a leash of suitable strength not more than six feet purpose of building a campfire; in length,unless it is permitted to be off-leash by the City as 2013 S-38 13.04.130 Cupertino-Parks 6 part of a City-authorized event or program; and the owner bay or other body of water in or adjacent to any park or any and the attendant shall be responsible for any damage tributary, stream, storm sewer or drain flowing into such caused, in any event, by such dog, even if on leash; waters, any substance, matter or thing, liquid or solid, E. Lead, ride, drive, keep or let loose any animal, which will or may result in the pollution of such waters; reptile or fowl of any kind, without a permit to do so from B. Dump,deposit or leave any bottles,broken glass, the Director of parks and recreation; ashes, paper, boxes, cans, refuse or trash on the grounds F. Make or kindle a fire for any purpose, except at thereof. Such items shall be placed in the proper receptacles places provided for such purpose, unless prior special where these are provided; and, where such receptacles are permission be obtained therefor from the Director; not provided,all such rubbish or waste shall be carried away G. Enter an area posted as "Closed to the Public," from the park by the person responsible for its presence,and and no person shall use, or abet the use of, any area in properly disposed of elsewhere. (Ord. 531, § 14, 1972) violation of posted notices; H. Play or bet at or against any game which is 13.04.150 Vehicle Requirements. played, conducted, dealt, or carried on for money, chips, No person in the park shall do any of the following: shell, credit or any other representative of value, or A. Fail to comply with all applicable provisions of maintain or exhibit any gambling table or other instrument the Vehicle Code of the state in regard to equipment and of gambling or gaming, or play any game prohibited by any operation of vehicles, together with such regulations as are other ordinance of the City; contained in this chapter and any other ordinances of the I. Sleep, or protractedly lounge, on the seats, City regulating traffic; benches, or other areas, or engage in loud, boisterous, B. Fail to obey all traffic officers and park threatening, abusive, insulting, or indecent language, or employees who are hereafter authorized and instructed to engage in any disorderly conduct or behavior tending to a direct traffic in the parks in accordance with the provisions breach of the public peace; of this chapter and such supplementary regulations as may J. Use, carry, or possess firearms of any be issued by the Director; description, or air rifles, spring guns, bow and arrows, C. Fail to observe carefully all traffic signs slings or any other forms of weapons potentially dangerous indicating speed,direction,caution,stopping or parking and to wild life or to human safety. Shooting into park areas all other signs posted for proper control and to safeguard life from beyond park boundaries is prohibited; and property; K. Solicit alms or contributions for any purpose, D. Ride or drive a vehicle at a rate of speed whether public or private,without prior permission from the exceeding fifteen miles an hour, except upon such roads as City Council; the City may designate by posted signs for speedier travel; L. Use or allow the use of powered model airplanes E. Drive any vehicle on any area except paved roads except in areas so designated by the department of parks and or parking areas, or such other areas as may be specifically recreation; designated as temporary parking areas by the department of M. Play or practice golf or use golf clubs in any area parks and recreation; of the park not designated for such use; F. Park a vehicle in other than an established or N. Indulge in riotous, boisterous, threatening or designated parking area, and such use shall be in accordance indecent conduct. with the posted directions there, and with the instructions of O. No person shall skate or rollerblade in a manner any attendant who may be present; that causes damage to park amenities or threatens the safety G. Ride a motorcycle,motor bike,or similar vehicle or well being of park patrons. Skating or rollerblading is in any park,except where used to transport invalid persons; prohibited on raised surfaces where signed. H. Ride a bicycle on other than a paved road or path. P. Feeding Waterfowl Prohibited. No person shall Notwithstanding the foregoing,no person may ride a bicycle feed or in any manner intentionally provide food to any on a paved road or path where such activity is prohibited by waterfowl (geese, ducks, or coots) in any City park. (Ord. posted signage. A bicyclist may wheel or push a bicycle by 13-2105, § 2, 2013; Ord. 12-2101, § 1 (part), 2013; Ord. hand over any grassy area, wooded trail, or over any other 1945, 2004;Ord. 1886, (part),2001; Ord. 531, § 13, 1972) area in which bicycle riding is otherwise prohibited; I. Ride a bicycle other than on the righthand side of 13.04.140 Sanitation Requirements. the road paving as close as conditions permit, and bicycles No person in a park shah do any of the following: shall be kept in single file when two or more are operating A. Throw, discharge or otherwise place or cause to as a group. Bicyclists shall at all times operate their be placed in the waters of any fountain,pond, lake, stream, machine with reasonable regard to the safety of others, 2013 S-38 7 Parks 13.04.150 signal all turns, pass to the left of any vehicle they are stand,cart or vehicle for the sale or display of any article or overtaking and pass to the right of any vehicles they may be thing, on a public street, within five hundred feet in a meeting; straight line from the nearest boundary of any park. (Ord. J. Ride any other person on a bicycle,except where 1886, (part), 2001; Ord. 531, § 18, 1972) the bicycle is built for operation by more than one person; K. Leave a bicycle in a place other than a bicycle 13.04.190 Closing Hours—Prohibitions. rack where a bicycle rack is provided and there is space No person in a park shall do any of the following: available; A. Remain,stay or loiter in any public park,between L. Leave a bicycle lying on the ground or paving,or the hours of ten p.m. and six a.m. of the following day, or set against trees, or in any place or position where other as may otherwise be designated by minute order or persons may trip over or be injured by it. (Ord. 2014, resolution of the City Council. The opening and closing 2008; Ord. 531, § 15, 1972) hours for each individual park shall be posted therein by the department of parks and recreation for public information; 13.04.160 Swimming Restrictions. B. Set up tents or other temporary shelter for the No person in a park shall swim, bathe, wade in or purpose of overnight camping, nor shall any person park or pollute the water of any fountain, pond, lake or stream, leave in a park, after closing hours, any vehicle or movable except that wading and swimming shall be permitted in pools structure to be used, or that could be used, for such specifically provided for these purposes, and so posted. purposes, such as a horse trailer, camp trailer, pickup (Ord. 531, § 16, 1972) camper, or the like; C. Park or leave in a park, after closing hours, any 13.04.170 Picnic Area Use Restrictions. vehicle. Signs shall be posted at all park entrances to notify No person in a park shall do any of the following: park visitors of the effects of paragraph C of this section. A. Picnic or lunch in a place other than one (Ord. 754, § 1, 1976; Ord. 670, § 1, 1974; Ord. 531, § 19, designated for that purpose. Attendants shall have the 1972) ' authority to regulate the activities in such areas, when necessary to prevent congestion and to secure the maximum 13.04.191 Towing of Vehicles Remaining after use of the park facilities for the comfort and convenience of Closing Hours. all. Visitors shall comply with any directions given to Any vehicle or movable structure left in a park after achieve this end. Individual fireplaces or tables and benches closing hours may be towed away to a public garage at the shall be used on the basis of"first come, first served"; owner's expense. Signs shall be posted at all park entrances B. Use any portion of the picnic areas, or any of the to notify park visitors of the effects of this section. (Ord. park buildings or structures for the purpose of holding 752, § 1, 1976) picnics, to the exclusion of other persons, and no person shall use such area and facilities for an unreasonable length 13.04.200 Closing Sections of Parks. of time if they are crowded; Any section or part of a park may be declared closed C. Leave a picnic area before a fire started or later to the public by the Director of parks and recreation at any used by him is completely extinguished. (Ord. 531, time, and for any interval of time, either temporarily or at § 17,1972) regular and stated intervals(daily or otherwise), and either entirely or merely to certain uses, as the Director may 13.04.180 Advertising and Sale Restrictions. reasonably find necessary. (Ord. 531, § 20, 1972) A. No person in a park shall, without prior permission from the City Council, do any of the following: 13.04.201 Nature and/or Rural Preserve. 1. Expose or offer for sale any article or thing, nor A. Any park characterized by such unique natural shall he station or place any stand, cart or vehicle for the features that it is deemed a valuable and irreplaceable transportation, sale or display of any such article or thing; resource may be designated by the City Council either by 2. Announce,advertise or call the public attention in ordinance or resolution as a nature and/or rural preserve, in any way to any article or service for sale or hire; which event it shall be used and treated in a manner 3. Paste, glue, tack or otherwise post any sign, consistent therewith. placard, advertisement or inscription. B. Uses shall be limited to those which will maintain B. In addition, in order to insure the public safety, and protect the ecology of the area, conserve the natural health and general welfare, no person shall expose or offer features and scenic values, expand community awareness for sale any article or thing,nor shall he station or place any and understanding of natural history and the environment, 2013 S-38 13.04.201 Cupertino-Parks 8 and provide enjoyment of the resources present consistent with their preservation. C. McClellan Ranch Park is designated a nature and rural preserve. (Ord. 710, (part), 1975) 13.04.202 Regulations and Guidelines. The City Council shall by resolution adopt regulations controlling the use and guidelines pertaining to the development of any part designated as a nature and/or rural preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take precedence over any general regulations contained in Chapter 13.04. (Ord. 710, (part), 1975) 13.04.210 Lost Articles. The finding of lost articles in parks shall be reported to the department of parks and recreation or the park department personnel on duty. (Ord. 531, § 21, 1972) 13.04.220 Administrative Authority. There is conferred upon the City Manager those powers and duties necessary for the administration of this chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such City officers and employees as may be required to carry out the intent and purpose of this chapter. (Ord. 531, § 22, 1972) 13.04.230 Enforcement Authority. The parks foreman,all park attendants and/or all peace officers authorized or directed by the City shall be responsible for the enforcement of the provisions of the chapter and of any rule promulgated hereunder. (Ord. 531, § 23, 1972) 13.04.240 Violation—Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179, § 2 (part), 1982; Ord. 531, § 25, 1972) 2013 S-38 9 Street Improvements 14.04.130 development,or provide by dedication further and sufficient B. Whenever a parcel of land is brought within the easements or construction, or both, to dispose of such jurisdiction of this chapter, and a permittee makes any surface and stormwater. dedication of land required by this chapter or makes or pays H. Without limitation to any other provision of this for any improvements required by this chapter,and said land chapter, the regulations herein contained are expressly is thereafter included in a City assessment district declared to be applicable to any lot which is abutted on more proceeding for the acquisition of land and the construction than one side by a street, one or more of which is of some or all of the improvements of the kind required by unimproved. The permittee shall have a separate obligation this chapter, the permittee or his successor in title shall be for each of said streets, to the extent that one or more shall entitled to a credit against such sums as the permittee shall be unimproved, and shall be required to install be required to pay in the City assessment district improvements and make provision for each of said streets in proceedings as follows: accordance with the provisions of this chapter. 1. For any land dedicated pursuant to the provisions I. The permittee may be required to quitclaim all of of this chapter, a permittee or his successor in title shall be his rights and interests in,and grant to the City authorization entitled to a credit equal to the value of the land as appraised to extract water from, the underground strata lying beneath by City as of the time of the assessment proceedings (i.e., said tract or lot. as of the time of the appraisal of other land included in the J. Where any dedication of land is made,and where assessment proceedings); deemed necessary by the City Engineer, the applicant shall 2. For any improvements, except interim furnish the City at applicant's expense, with a preliminary improvements as defined in Section 14.04.090, actually title report and a standard policy of title insurance issued by made pursuant to the provisions of the chapter, a permittee a title insurance company authorized to transact a title or his successor in title shall be entitled to a credit equal to insurance business in the state of California, in an amount to the value of the improvements as appraised by the City as of be determined by the City Engineer, but not to exceed the the time of the assessment proceedings (i.e., as of the time value of the land being dedicated. (Ord. 2056, (part),2010; of the appraisal of land included in the assessment Ord. 1094, (part), 1981) proceedings); 3. For any improvements actually paid for pursuant 14.04.140 Required Improvement and Dedication to the provisions of this chapter,a permittee or his successor as Determined by Class of Street. in title shall be entitled to a credit equal to the amount paid In addition to the requirements otherwise imposed by to the City, without interest; this chapter, and not in limitation thereof, dedications and 4. Credit shall be allowed only for dedications improvements shall be governed by the residential, actually made, or improvements actually made or actually commercial or hillside character of the unimproved street as paid for, no credit shall be allowed for dedications or scheduled in City Code Sections 18.16.010 through improvements which a permittee has agreed to make or pay 18.16.090 and 18.16.280(C). (Ord. 1094, (part), 1981) for, but has not made as of the date of the resolution or ordinance of intent to establish said district; 14.04.150 Credits—Prior Improvements. 5. In the event a permittee has agreed to make or A. Whenever a parcel of land is brought within the pay for dedication or improvements under the provisions of jurisdiction of this chapter, and a permittee or his this chapter, but has not made or paid for said dedication or predecessor in title has made, or paid for, any of the improvements as of the date of the resolution or ordinance improvements required by this chapter, by special of intent to establish said district,the permittee's contractual assessment or otherwise, prior to the effective date of the obligation to make or pay for said dedication or ordinance codified in this chapter, the extent of such improvements shall be terminated,but only to the extent that improvements shall be credited against the obligation said dedication or improvements shall be required,made and created. In estimating the value of such past improvements, completed pursuant to said assessment district proceedings; the City Engineer's estimate of current construction costs 6. In no event shall the credit allowed exceed the shall apply. The credit allowed for past improvements, amount which a permittee or his successor in title shall be however, shall not exceed the cost of the improvements obligated to pay under the assessment proceedings; required by this chapter. If a permittee or his predecessor 7. Appraisals for the purpose of determining credit in title has made any dedication prior to the effective date of shall be made by the City, and the amount thereof shall be the ordinance codified in this chapter, the extent of such at the sole discretion of the City and shall be binding upon dedication shall be credited in kind against the obligation a permittee or his successor in title; created. The credit allowed for past dedication, however, 8. The provisions of this section shall apply only to shall not exceed the amount of dedication required by this assessment proceedings under the jurisdiction, supervision chapter. and control of the City. (Ord. 1094, (part), 1981) 2010 S-25 14.04.160 Cupertino-Streets, Sidewalks and Landscaping 10 14.04.160 Preceding Permit—Conditions. amount of the bonds shall be as designated by the City A. As a condition precedent to obtaining a building Engineer. The bonds shall be executed by a surety company permit,planned development permit,use permit,or site and authorized to transact a surety business in the State of architectural approval from the City under and pursuant to California and must be approved by the City Attorney as to the provisions of its ordinances, a permittee shall, in form and by the City Engineer as to sufficiency. In the addition to meeting the other requirements of this chapter: event that the permittee fails faithfully to perform the 1. Pay to the City a sum computed in accordance covenants and conditions of the agreement, or to make any with the procedure set forth in Section 14.04.100 for such payment, or any dedication of land, or any improvements improvements as the City or other property owner shall have therein required, the City shall call on the surety to perform theretofore installed (e.g., curbs and gutters, driveways, the agreement or otherwise indemnify the City for the sidewalks, street paving and overlay, street lights, storm permittee's failure to do so. sewers, sanitary sewers, street trees, street signs, water B. In lieu of a surety bond, the permittee may elect lines, fire hydrants, retaining walls, undergrounding of to secure any said agreement by depositing with the City: utilities and clearing and grading); and, 1. Cash; or, 2. Pay to the City such sum as the City or other 2. A cashier's check, or a certified check, payable property owner shall have paid to acquire the land upon to the order of the City; or, which the improvements were installed. 3. A certificate of deposit or irrevocable letters of B. Any permittee desiring a reimbursement for the credit as approved by the City Attorney. cost of installing improvements mandated pursuant to this C. The amount of said cash, checks, certificate of chapter, or for the cost of the land upon which such deposit, or irrevocable letters of credit, shall be as improvements were installed, shall enter into a designated by the City Engineer, and shall be the equivalent reimbursement agreement with the City as provided in to that which would have been required had the permittee Section 14.04.175. furnished the City with a surety bond. In the event that the C. Payments hereunder shall be made prior to,or at, permittee fails faithfully to perform the covenants and the time said permit issues. conditions of said agreements, or to make any payment, or D. If the improvements installed by the City prior to any dedication of land, or any improvements therein the issuance of the permit are less than the improvements required, the City may apply the proceeds of said security required by, or authorized to be required by, this chapter, thereto. the permittee shall make, or agree to make, such other D. No release of surety bond, cash deposit, check, improvements, all as required by this chapter. A permittee certificate of deposit, or irrevocable letters of credit, shall who obtains his permit after improvements have been made, be made except upon approval of the City Engineer. in whole or in part, by the City or by another property E. No interest shall be paid on any security deposited owner, shall be required to provide (in money, or with the City. improvements, or both) the equivalent of what he would F. The security for any agreement executed pursuant have been required to provide had his permit predated the to the provision of this chapter may,nevertheless,be waived improvements. (Ord. 2056, (part), 2010; Ord. 1652, § 3, pursuant to the requirements of,and the procedures set forth 1994; Ord. 1094, (part), 1981) in Section 14.04.230. (Ord. 13-2109, § 1, 2013; Ord. 1094, (part), 1981) 14.04.170 Installation Agreement—Bond—Other Security. 14.04.175 Reimbursement Agreement. A. Whenever an installation agreement is executed A. As a condition precedent to obtaining a building pursuant to the provisions of this chapter,the permittee shall permit,planned development permit,use permit,or site and file with the City at the time of making said agreement a architectural approval, the permittee shall enter into a faithful performance bond to assure his full and faithful reimbursement agreement with the City in order to receive performance of the agreement. The penal sum of the reimbursement for the portion of street improvement costs, faithful performance bond shall be the full cost of any including interest where applicable, in excess of the payment to be made under the agreement; the value of any installation costs incurred for the permittee's property, or land agreed to be dedicated, and any improvements to be for the cost of the land, upon which such improvements made under the agreement. In the event that improvements were installed, including interest where applicable. Any are to be made under said agreement, the permittee shall, in reimbursement to the permittee shall be paid out of the addition to the faithful performance, file with the City at the revenues received by the City from the land reimbursement time of making the agreement,a labor and materials bond in or street improvement reimbursement charges and interest, a penal sum adequate to assure full payment of all labor and if any, assessed in the manner provided in Section materials required to construct said improvements. The 14.04.110. 2013 S-38 37 Subdivision Improvements 18.32.270 warranty period. In hillside areas, the warranty security the City, as adopted by Council resolution. The general shall be not less than fifty percent of the construction cost of provisions of the City's standard specifications shall apply improvement. to the developer where applicable. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), B. Construction shall not commence until required 1986) improvement plans have been approved by the City Engineer and all required microfilm, sepias and copies of both maps 18.32.280 Reduction in Performance Security. and improvement plans have been received by the City. The City Engineer may authorize in writing the release (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), of a portion of the security in accordance with Government 1986) Code Section 66499.7. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), Article XI. Construction Inspection. 1986) 15.32.330 General. Article IX. Release of Improvement Securities. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the 18.32.290 Performance Security. City's standard specifications. A. The performance security shall be released only (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), upon acceptance of the improvements by the City and when 1986) an approved warranty security has been filed with the City Engineer. 18.32.340 Preconstruction Conference. B. If warranty security is not filed, performance Prior to commencing any construction, the developer security shall be released twelve months after acceptance of shall arrange for a preconstruction conference with the improvements and correction of all warranty deficiencies. Public Works Inspector. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 1986) 18.32.300 Material and Labor Security. 18.32.350 Final Inspection and Deficiency List. Security given to secure payment to the contractor, A. Upon completion of the subdivision subcontractors and to persons furnishing labor, material or improvements, the developer shall apply in writing to the equipment may, six months after the completion and Public Works Inspector for a preliminary final inspection. acceptance of the improvements by the City Council, be The Public Works Inspector or authorized representative reduced to an amount equal to the amount of all claims shall schedule a preliminary final inspection. therefor filed and of which notice has been given to the City B. A deficiency list shall be compiled during the Council. The balance of the security shall be released upon inspection, noting all corrections or any additional work the settlement of all such claims and obligations for which required. If the number of items are excessive or the the security was given. subdivision appears incomplete, the preliminary final (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), inspection may be halted and rescheduled on a date as 1986) determined by the Public Works Inspector or authorized representative. 18.32.310 Warranty Security. C. Upon having completed all corrections or The warranty security shall be released upon additional work as outlined by the deficiency list, the satisfactory completion of the warranty period provided: developer shall certify in writing that all corrections have A. All deficiencies appearing on the warranty been completed satisfactorily and request a final inspection. deficiency list for the subdivision have been corrected; The Public Works Inspector or authorized representative B. Not less than twelve months have elapsed since shall then make a final inspection. the acceptance of the improvements by the City Council. D. Upon finding that all items on the deficiency list (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), have been corrected and receipt of as-built improvement 1986) plans, the subdivision shall be placed on the Council agenda for acceptance. Article X. Construction. E. The completion of corrections indicated by the deficiency list shall not relieve the developer from the 18.32.320 Construction. responsibility of correcting any deficiency not shown on the A. The construction methods and materials for all list that may be subsequently discovered. improvements shall conform to the standard specifications of (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.32.360 Cupertino-Subdivisions 38 Article XII. Completion of Improvements. 1. Revision of improvement plans to provide for current design and construction standards when required by 18.32.360 Subdivisions of Five or More Parcels. the City Engineer; A. The subdivision improvements shall be completed 2. Revised improvement construction estimates to by the developer within eighteen months, or such time as reflect current improvement costs as approved by the City approved by the City Engineer, not to exceed a period of Engineer; twenty-four months, from the recording of the final map, 3. Increase of improvement securities in accordance unless an extension is granted by the City Council. with revised construction estimates; B. Should the subdivider fail to complete the 4. Inspection fees may be increased to reflect current improvements within the specified time, the City may, by construction costs but shall not be subject to any decrease or resolution of the Council and at its option, cause any or all refund. uncompleted improvements to be completed and the parties D. The City Council may impose additional executing the surety or sureties shall be firmly bound for the requirements as recommended by the City Engineer or as it payment of all necessary costs. may deem necessary as a condition to approving any time (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), extension for the completion of improvements. 1986) E. The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost. 18.32.370 Subdivisions of Four or Less Parcels. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), A. Completion of improvements will not be required 1986) until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied Article XIII. Acceptance of Improvements. for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision. 18.32.390 General. B. The completion of the improvements may be A. When all improvement deficiencies have been required by a specified date by the City when the completion corrected and as-built improvement plans filed, the of such improvements are found to be necessary for public subdivision improvements shall be considered by the City health or safety or for the orderly development of the Engineer for acceptance. surrounding area. This finding shall be made by the City B. Acceptance of the improvements shall imply only Engineer or authorized representative. Such specified date, that the improvements have been completed satisfactorily when required, shall be stated in the subdivision and that public improvements have been accepted for public improvement agreement. use. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), (Ord. 13-2109, §2,2013; Ord. 2085, §2(part), 2011; Ord. 1986) 1384, Exhibit A (part), 1986) 18.32.380 Extensions. 18.32.400 Notice of Completion. A. The completion date may be extended by the City If the subdivision has been accepted by the City, the Council for subdivisions of five or more parcels and by the City Clerk shall cause to be filed with the County Recorder City Engineer for subdivisions of four or less parcels upon a notice of completion. written request by the developer and the submittal of (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), adequate evidence to justify the extension. 1986) The request shall be made not less than thirty days prior to expiration of the subdivision improvement 18.32.410 Acceptance of a Portion of the agreement. Improvements. B. The subdivider shall enter into a subdivision A. When requested by the subdivider in writing, the improvement agreement extension with the City. For City may consider acceptance of a portion of the subdivisions of five or more parcels the agreement shall be improvements as recommended by the City Engineer. The prepared and signed by the City Engineer, approved as to improvements will be accepted by the City only if it finds form by the City Attorney, executed by the subdivider and that it is in the public interest and such improvements are for transmitted to the City Council for their consideration. If the use of the general public. approved by the City Council, the Mayor shall execute the agreement on behalf of the City. C. In consideration of a subdivision improvement extension agreement, the following may be required: 2013 S-38 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; deletes 2.28.020, 2083 Amends 19.60.010, 19.60.080, City Manager (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 2096 Amends 2.18.110, City Attorney § 16.08.200; amends Title 18, Ch. (2.18) 18.04, 18.08, 18.12, 18.16, 18.20, 2097 Amends 2.28.040 regarding City 18.24, 18.28, 18.32, 18.36, 18.40, Manager powers and duties (2.28) 18.44, 18.48, 18.52, 18.56; amends 2098 Amends Ch. 19.104, signs, regarding Title 19, Ch. 19.04, 19.08, 19.12, placement of temporary political signs 19.16, 19.20, 19.24, 19.28, 19.32, (19.104) 19.36, 19.40, 19.44, 19.48, 19.52, 2100 Amends contract with PERS (Not 19.56, 19.60, 19.64, 19.68, 19.72, codified) 19.76, 19.80, 19.84, 19.88, 19.92, 12-2101 Amends 13.04.130 to prohibit feeding 19.96, 19.100, 19.104, 19.108, 19.112, waterfowl in City parks; amends 19.116, 19.120, 19.124, 19.128, 1.12.010 to seta penalty therefor 19.132, 19.136, 19.140, 19.144, (1.12, 13.04) 19.148, 19.152, 19.156, 19.160, 13-2103 Amends 9.18.020, 9.18.210, 19.164, 19.168; repeals Title 17 (2.90, 9.18.260; adds 9.18.215 regarding 9.16, 14.18, 16.08, 18.04, 18.08, stormwater pollution prevention(9.18) 18.12, 18.16, 18.20, 18.24, 18.28, 13-2104 Rezoning certain land (Not codified) 18.32, 18.36, 18.40, 18.44, 18.48, 13-2105 Amends 8.03.010 and 13.04.130 18.52, 18.56, 19.04, 19.08, 19.12, regarding dogs off leash(8.03, 13.04) 19.16, 19.20, 19.24, 19.28, 19.32, 13-2106 Amends 2.04.005, date of general 19.36, 19.40, 19.44, 19.48, 19.52, municipal election(2.04) 19.56, 19.60, 19.64, 19.68, 19.72, 13-2108 Amends 5.32.060, 5.32.090, 19.76, 19.80, 19.84, 19.88, 19.92, 5.32.100, 5.32.190- 5.32.260, 19.96, 19.100, 19.104, 19.108, 19.112, 5.32.280- 5.32.330 regarding bingo 19.116, 19.120, 19.124, 19.128, (5.32) 19.132, 19.136, 19.140, 19.144, 13-2109 Amends 14.04.170 and 18.32.390 19.148, 19.152, 19.156, 19.160, regarding acceptance of public 19.164, 19.168) improvements (14.04, 18.32) 2086 Amending the zoning map (Not codified) 2087 Amending the Heart of the City Specific Plan(Not codified) 2013 S-38 Cupertino-Comprehensive Ordinance List 42 5 Index ARTWORK, REQUIRED IN PUBLIC AND PRIVATE --B-- DEVELOPMENTS Applicability of regulations 19.148.020 BAR Application for public artwork 19.148.050 See RESTAURANT Design criteria and artist qualifications 19.148.060 Ineligible artwork 19.148.040 BICYCLE In lieu fee for artwork is discouraged 19.148.090 Administration 11.08.020 Maintenance requirements 19.148.080 Attaching to vehicle, prohibited 11.08.170 Minimum artwork value 19.148.070 Bicycle lanes Permitted artwork 19.148.030 designated 11.08.250 Purpose and intent 19.148.010 use regulations 11.08.190 vehicles using prohibited 11.08.230 ATHLETIC EVENT Dealers Regulations, permit purchaser education 11.08.110 See PARADES AND ATHLETIC EVENTS registration verification 11.08.100 Definitions 11.08.010--11.08.015 ATTORNEY, CITY Equipment requirements 11.08.130 Assistant, acting, when 2.18.070 Impoundment 11.08.240 Bond requirements 2.18.060 Lane position requirements 11.08.150 City staff, relations with 2.18.040 License Conflict of interest 2.64.020 address change notification 11.08.090 Council, relations with 2.18.030 alteration, destruction prohibited 11.08.061 Eligibility 2.18.100 existing, validity 11.08.070 Employment agreement 2.18.080 fees 11.08.120 Office established 2.18.010 indicia, renewal 11.08.050 Powers, duties 2.18.020 issuance 11.08.040 Public, relations with 2.18.050 transferability 11.08.080 Rental dispute mediation Package carrying restrictions 11.08.220 appeal duties 2.78.080 Pedestrian path use subpoena duties 2.78.040 exemptions 11.08.180 Staff 2.18.090 restrictions 11.08.160 Suspension, removal, resignation 2.18.110 Registration certificate See also License AUDIT COMMITTEE issuance 11.08.060 Chair 2.88.050 Regulations generally 11.08.020 City powers unchanged 2.88.130 Riding restrictions 11.08.210 City staff 2.88.110 Roller skates Compensation, expense reimbursement 2.88.070 See ROLLER SKATES Established, composition 2.88.010 Routes designated 11.08.260 Meetings 2.88.060 Skateboards Members See SKATEBOARDS at large 2.88.020 Traffic laws applicability 11.08.140 vacancy 2.88.040 Violation, penalty 11.08.280 Powers, duties 2.88.100 Walking, pedestrian laws applicable 11.08.200 Recordkeeping 2.88.090 Rules, regulations 2.88.120 13INGO Term 2.88.030 Administrative authority designated 5.32.170 Voting 2.88.080 Authority 5.32.010 Defined 5.32.020 AUTO COURT Equipment 5.32.090 Business license tax rate 5.04.390 Financial interest limited 5.32.100 Hours 5.32.150 Inspection authority 5.32.180 2012 S-31 Cupertino-Index 6 License BUILDING applicant investigation 5.32.210, 5.32.220 Address number visibility requirements 16.04.050 application, contents 5.32.200 Electrical Code approval, conditions 5.32.240 See ELECTRICAL CODE denial when 5.32.250 Excavation, foundations, retaining walls fee 5.32.280 See EXCAVATION,GRADING,RETAINING nontransferable 5.32.310 WALLS records, opportunity to review 5.32.230 Fence renewal 5.32.290 See FENCE required 5.32.190, 5.32.270 Heating, cooling suspension, revocation See MECHANICAL CODE appeal 5.32.330 Inspector authority 5.32.320 bingo license applicant investigation 5.32.220 notice 5.32.320 building moving permit issuance 16.36.050 Location 5.32.080 Moving Minor, participation prohibited 5.32.040 contiguous land 16.36.080 Organizations permitted to conduct 5.32.030 definitions 16.36.010 Participant to be present 5.32.140 metal tires prohibited 16.36.090 Prizes, value 5.32.130 notice required 16.36.040 Proceeds, charitable uses required 5.32.110 permit Provisions to supplement state law 5.32.350 application 16.36.030 Public access required 5.32.050 bond 16.36.060 Recordkeeping 5.32.120 conditions 16.36.070 Reporting requirements 5.32.300 fees 16.36.055 Staffing, operation issuance, hearing 16.36.040 change, reporting, investigation 5.32.260 required 16.36.020 generally 5.32.060 roller restrictions 16.36.100 Violation, Penalty 5.32.360 truck requirements 16.36.110 supervisor, duties 16.36.120 BOND violation, penalty 16.36.130 Attorney, city 2.18.060 Official Auctioneer 5.08.020 swimming pool code City clerk 2.20.040 administration 16.32.030 Excavation, grading permittee 16.08.150 enforcement 16.32.060 Manager, city 2.28.030 Plumbing code Moving buildings 16.36.060 See PLUMBING CODE Private patrol 5.24.050 Preliminary soils report Public works contract 3.23.140 See Soils report Street improvement installation 14.04.170 code adoption 16.12.010 Subdivision improvement security 18-1.808.2 required 16.12.020 Taxicab 5.28.150 Retaining wall Treasurer, city 2.24.040 See EXCAVATION,GRADING,RETAINING WALLS Soils report appeals 16.12.070 approval 16.12.050 building permit conditions 16.12.060 code adoption 16.12.010 contents 16.12.030 preparation 16.12.040 required 16.12.020 Swimming pool See SWIMMING POOL 2013 S-38 7 Index Conventional construction provisions - amendment Statements 16.04.340 deemed not conclusive, confidentiality Enforcement of provisions 16.04.020 5.04.260 Fees extension for filing 5.04.270 inspection 16.04.130 failure to file 5.04.190 Inspection verification, audit 5.04.180 fees 16.04.130 Tax increase, automatic, consumer price index generally 16.04.030 5.04.460 Revise Section 1908.1.8 ACI 318-08 Section 22.10.1 Terminology of provisions 5.04.040 Roof covering classification 16.04.080 Title of provisions 5.04.010 Spark arrestors 16.04.060 Transfer 5.04.150 Stability coefficient equation 16.04.350 Violation, penalty Vertical combinations- Amendment 16.04.130 generally 5.04.500 Violation, penalty 16.04.160 remedies cumulative 5.04.510 BUILDING CONSERVATION CODE __C __ Adopted 16.60.010 Name insertion 16.60.020 CABLE TELEVISION ADVISORY COMMITTEE See TELECOMMUNICATIONS COMMISSION BUILDING MATERIAL YARD Business license CABLE AND VIDEO SERVICES See also BUSINESS LICENSE Audit authority 6.28.060 fee 5.04.350 Customer service requirement 6.28.070 Franchise fee and PEG fee 6.28.050 BUSINESS LICENSE Franchise required 6.28.030 Adjustments, interstate commerce 5.04.100 Grant of authority 6.28.030 Appeal 5.04.480 Intent and purpose 6.28.020 City council powers, duties 5.04.060 Police power 6.28.040 Collector powers, duties 5.04.070 Short title 6.28.010 Deemed debt to city 5.04.240 Use of streets 6.28.080 Definitions 5.04.030 Duplicate 5.04.170 CAFETERIA Effect of provisions 5.04.490 See RESTAURANT Evidence of doing business 5.04.090 Exemption CALIFORNIA WATER SERVICE application 5.04.120 See FRANCHISE generally 5.04.110 Imposed 5.04.280 CAT Interest, penalties 5.04.250 See ANIMAL Interpretation of provisions 5.04.050 Issuance, expiration 5.04.210 CIGARETTE, TOBACCO VENDING MACHINES Overpayment refund 5.04.230 Public places Payment due when 5.04.200 permitted where, restrictions 10.27.040 Posting, display required 5.04.140 prohibitions generally 10.27.030 Purpose of provisions 5.04.020 Purpose, intent of provisions 10.27.020 Reclassification 5.04.470 Title of provisions 10.27.010 Renewal 5.04.160 Violation, penalty 10.27.050 Required 5.04.080 Revocation 5.04.120 CIRCULAR Separate businesses, same location,separate licenses See ADVERTISEMENT required 5.04.130 2010 S-27 Cupertino-Index 8 CIRCUS Other duties 2.20.080 Business license Recordkeeping See also BUSINESS LICENSE accounting duties transferred 2.20.020 fee 5.04.340 duty 2.20.010 ordinances 2.20.030 CITY Storm drainage service charge collection duties Officials 3.36.080 See Specific Officer Transient occupancy tax appeal hearing notice 3.12.100 CITY COUNCIL/CITY STAFF RELATIONSHIPS Weed abatement, assessment, notice posting Council and Council members 2.17.030 9.08.080 Council policy 2.17.033 Council power 2.17.031 CODE Individual Council members 2.17.032 Adopted 1.01.010 Information 2.17.034 Authority 1.01.030 Intent and purpose 2.17.020 Constitutionality 1.01.090 Preamble 2.17.010 Construction 1.04.040 Staff 2.17.040 Definitions 1.04.010 Execution of Council direction 2.17.041 Effective date 1.01.080 Timely response 2.17.043 Effect, past actions, obligations 1.01.070 Undue influence 2.17.042 Enforcement officer See CODE ENFORCEMENT OFFICER CIVIL DEFENSE Fire See DISASTER COUNCIL See FIRE CODE Granunatical interpretation 1.04.020 CLAIMS AGAINST THE CITY Headings, not limiting 1.01.050 Authority 1.18.010 Penalty Claim prerequisite to suit 1.18.025 designated 1.12.010 Claims required 1.18.015 nuisance abatement 1.12.030 Exhaustion of administrative remedies 1.18.040 separate offenses 1.12.020 Form of claim 1.18.020 Prohibited acts including causing, permitting Suit 1.18.030 1.04.030 References CLERK, CITY applicable to amendments 1.01.040 Appointment 2.20.100 application to corresponding ordinances City seal custodian 2.20.050 1.01.060 Conflict of interest 2.64.020 title, citation 1.01.020 Construction prohibition appeal notice 10.48.060 Repeal shall not revive any ordinances 1.04.050 Department See DEPARTMENTAL ORGANIZATION CODE ENFORCEMENT OFFICER Deputy, appointment 2.20.110 Inspection, right of entry Election date change See INSPECTION copy filing 2.76.020 Office created 2.30.010 voter notification 2.76.030 Warrantless arrest authority 2.30.020 Employees' retirement system execution 2.56.020 Nuisance abatement lien certificate, issuance 1.09.140 Oath of office, bond 2.20.040 Oaths, affirmations administration 2.20.070 2013 S-38 9 Index COFFEE SHOP Bingo license fee 5.32.280 See RESTAURANT Business license powers, duties 5.04.060 Child care expense reimbursement, when granted COMMISSION, CITY 2.72.010 See Specific Commission Communications 2.08.100 Contract bid award 3.24.080 COMMUNICATION WITH CITY OFFICIALS Document signature authority 2.08.135 Public building, prohibited acts designated Election 10.10.020 See also Campaign finance Right designated 10.10.010 generally 2.04.005 Violation, penalty 10.10.030 False alarm hearing duties 10.26.120 Manager, city COMMUNITY DEVELOPMENT DEPARTMENT appointment 2.28.010 See DEPARTMENTAL ORGANIZATION suspension, removal 2.28.090 Meeting COMMUNITY DEVELOPMENT DIRECTOR discussion procedure 2.08.130 Parade and athletic event administrative authority emergency 2.04.025 10.44.030 order of business 2.08.090 place 2.04.030 CONCERT presentation method 2.08.080 Business license protests 2.08.120 See also BUSINESS LICENSE reconsideration fee 5.04.340 motions 2.08.095 petitions 2.08.096 CONSTRUCTION TAX regular 2.04.010 Adjustment 3.32.045 special 2.04.020 Definitions 3.32.020 violation, penalty 2.08.140 Exceptions 3.32.070 Municipal employee relations officer appointment Imposition 3.32.030 2.52.320 Payment Nuisance abatement hearing 1.09.070 place 3.32.060 Officer, official body reports 2.08.110 time 3.32.050 Parade, athletic event permit appeal hearing Purpose, intent 3.32.010 10.44.140 Rates 3.32.040 Permit parking time determination 11.27.130 Refunds 3.32.050 Personnel authority 2.52.090 Revenue use 3.32.080 Petition definitions 2.08.030 CONTRACTOR exception 2.08.070 Business license hearing notice 2.08.040 See also BUSINESS LICENSE Public safety commission appointment 2.60.010 fee 5.04.370 Reimbursement 2.16.030 Robert's Rules of Order adopted 2.08.020 COUNCIL, CITY Rules adopted 2.08.010 Abandoned vehicle, hearing 11.04.070 Salary Bicycle, fee allocation 11.08.130 amount, effective date 2.16.020 statutory basis 2.16.010 2013 S-38 Cupertino-Index 10 Storm drainage service charge Purpose of provisions 2.90.020 adjustment authority 3.36.160 Recordkeeping 2.90.080 collection duties 3.36.080 Terms of office 2.90.030 review duties 3.36.050 Vacancy, removal 2.90.040 Technology, information, and communications commission DISASTER COUNCIL appointment 2.74.010 Definitions 2.40.020 vacancy filling 2.74.030 Director of emergency services Term limits 2.04.050 created 2.40.050 Transient occupancy tax appeal hearing powers, duties 2.40.060 determination 3.12.100 Emergency organization Vacancy filling 2.04.040 membership 2.40.070 Water charge appeal hearing 15.12.100 structure, duties, functions 2.40.080 Weed abatement Expenditures 2.40.100 assessment, hearing 9.08.090 Membership 2.40.030 authority 9.08.060 Mutual aid provided 2.40.090 hearing, decision, action 9.08.050 Powers, duties 2.40.030 resolution 9.08.020 Purposes 2.40.010 Violation, penalty 2.40.110 CRUISING See TRAFFIC DOCUMENTARY STAMP TAX Administration, authority 3.04.090 CUPERTINO GARBAGE COMPANY Exemptions 3.04.040 See GARBAGE Imposition, rate 3.04.020 Payment responsibility 3.04.030 CURFEW Refund claim, authority 3.04.100 Definitions 10.68.010 Short title, authority 3.04.010 Exceptions 10.68.030 Violation DOG penalty 10.68.050 See ANIMAL prohibited acts 10.68.020 - E-- - D EARTHQUAKE DEFECATION See TOXIC GASES See URINATION, DEFECATION ELECTIONS, MUNICIPAL DEPARTMENTAL ORGANIZATION See COUNCIL, CITY Divisions, designated 2.48.020 Manager authority 2.48.030 ELECTRICAL CODE Purpose 2.48.010 Adopted 16.16.010 Adoption of appendix chapters 16.16.015 DESIGN REVIEW COMMITTEE Article 100 amended- definitions 16.16.020 Chairperson 2.90.050 Fee schedule 16.16.030 Construction of provisions 2.90.110 Fuel cell systems - amendment 16.16.130 Established 2.90.010 Interpretation 16.16.040 Licensed architect 2.90.070 Maintenance program 16.16.050 Meetings, quorum 2.90.060 Persons allowed to do electrical work designated Powers, functions 2.90.090 16.16.025 Procedural rules 2.90.100 Solar photovoltaic systems - amendment 16.16.120 Violation, penalty 16.16.070 EMERGENCY See DISASTER COUNCIL 2010 S-27 12A Index Storage of firewood and combustible materials 16.40.680 Suppression and control 16.40.560 Table 105.6.20 16.40.610 Water supply 16.40.500 Semiconductor fabrication facilities 16.40.240 Stationary storage battery systems 16.40.190 Storage 16.40.330, 16.40.390 Class I and II liquids in outside aboveground tanks 16.40.040 Class I and II liquids in aboveground tanks 16.40.050 Flammable cryogenic liquids 16.40.030 Liquefied petroleum gases 16.40.060 Timber and lumber production facilities 16.40.260 Toxic gases including those used as refrigerants 16.40.430 Use 16.40.440 Use and occupancy- related requirements 16.40.100 Use, dispensing and handling 16.40.340 Yard waste and recycling facilities 16.40.270 FIREARM Permit required 10.76.010 Violation, penalty 10.76.020 FIRE CHIEF Bingo license applicant investigation 5.32.220 Toxic gas storage, use compliance plan, permit fee charging, data submittal requiring 16.42.060 time limit extension 16.42.070 controls requiring 16.42.230 facility closing duties 16.42.080 leak testing approval 16.42.130 sprinkler system requiring 16.42.190 2013 S-38 Cupertino-Index 12B 15 Index GENERAL PLAN Fences, locks required 9.12.037 See LAND DEVELOPMENT PLANNING Guidelines 9.12.131 Handling 9.12.036 GOAT Hazardous materials management plan See ANIMAL required 9.12.040 short form 9.12.042 GRADING standard form 9.12.041 See EXCAVATION Hearing notices 9.12.111 GRAFFITI rules 9.12.110 Abatement Inspection generally 10.60.050 by city 9.12.070 procedure 10.60.060 by permittee 9.12.071 stayed during prosecution 10.60.070 special 9.12.072 Definitions 10.60.030 substituted 9.12.073 Nuisance declared 10.60.020 Inventory statement Prohibited 10.60.040 information required 9.12.051 Purpose of provisions 10.60.010 public record 9.12.053 Remedies cumulative 10.60.080 required 9.12.050 Violation, penalty 10.60.090 Liability disclaimer 9.12.130 Maintenance, repair, replacement of facilities GREEN BUILDING STANDARDS CODE 9.12.035 Adoption of appendix chapters 16.58.015 New storage facility requirements 9.12.031 Code adoption 16.58.010 Out-of-service storage facility requirements Requirements 16.58.020 9.12.033 Permit GUN additional approvals 9.12.085 See FIREARM appeal disposition 9.12.095 hearing 9.12.094 time limit 9.12.093 HANDBILLING application 9.12.081 See ADVERTISING approval 9.12.083 denial HAZARDOUS MATERIALS STORAGE authority 9.12.090 See also FIRE CODE decision transmittal 9.12.092 TOXIC GASES grounds 9.12.091 Compliance time table 9.12.141 determination 9.12.088 Conflict with other laws 9.12.133 effective date, term 9.12.086 Containment 9.12.030 fees 9.12.089 Definitions 9.12.013 investigation 9.12.082 Duties discretionary 9.12.132 issuance 9.12.084 Effective date 9.12.140 renewal 9.12.087 Emergency equipment 9.12.038 required 9.12.012, 9.12.080 Emergency procedures Professional assistance for city determinations See also Emergency response plan 9.12.014 posting 9.12.039 Purpose of provisions 9.12.010 Emergency response plan Records maintenance 9.12.074 See also Emergency procedures Regulated materials designated 9.12.020 hazardous materials defined 9.12.043 required, requirements 9.12.043 Exclusions 9.12.021 Existing storage facility requirements 9.12.032 2010 S-27 Cupertino-Index 16 Remedial action environmental assessment 9.20.100 authority after permit suspension, revocation, hearing 9.20.110 expiration 9.12.106 local assessment committee review 9.20.090 decision transmittal 9.12.105 required, fees 9.20.080 designated 9.12.104 Local assessment committee grounds 9.12.100 appointment 9.20.230 hearing funding by applicant 9.20.250 notice 9.12.102 powers, duties 9.20.240 permit suspension prior to 9.12.103 termination 9.20.270 noncompliance notice 9.12.101 Permit use 9.20.300 return of permit 9.12.107 Purpose of provisions 9.20.010 Safety, car generally 9.12.011 Violation, penalty 9.20.310 Unauthorized discharge cleanup 9.12.061 HEALTH OFFICER indemnification 9.12.062 Bingo license applicant investigation 5.32.220 reporting 9.12.060 Restaurant Underground tank 9.12.022 food, unwholesome, destruction authority Violation 9.04.100 civil action for retaliation 9.12.122 permit civil penalty 9.12.121 denial 9.04.050 criminal penalty 9.12.120 inspection, issuance 9.04.030 remedies not exclusive 9.12.123 rules, regulations adoption 9.04.080 Sewer provisions enforcement 15.20.080 HAZARDOUS WASTE FACILITY Applicability of provisions 9.20.020 HEATING, COOLING CODE Application See MECHANICAL CODE compliance requirements 9.20.290 consistency requirements HISTORIC BUILDING general plan 9.20.060 Seismic safety overall continuity 9.20.220 See UNREINFORCED MASONRY generally 9.20.040 BUILDINGS hearing 9.20.070 land use HOME OCCUPATION See Land use application Business license notice on intent 9.20.050 See also BUSINESS LICENSE requirements fee 5.04.380 closure plan 9.20.180 emergency plan 9.20.170 HORSE generally 9.20.140 See ANIMAL health, safety assessment 9.20.150 hearing notification list 9.20.210 HOTEL monitoring plan 9.20.190 Business license tax rate 5.04.390 risk assessment 9.20.160 siting criteria, proof of compliance HOUSING ADVISORY, APPEALS BOARD 9.20.200 Created, appointment, powers, duties generally Definitions 9.20.030 16.56.020 Dispute resolution 9.20.260 Hearing HOUSING CODE See also Land use application Adopted 16.56.010 notice 9.20.280 Appeals 16.56.020 Land use application Violation, penalty 16.56.030 appeal 9.20.130 decision 9.20.120 2013 S-38 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 5.32.190, 5.32.270 Business 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 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 2013 S-38 Cupertino-Index 18 --M-- 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 license MTO certificate applicant investigation 5.32.210, 5.32.220 See also License, permit, Permit approval 5.32.240 required 09.06.041 denial 5.32.250 Operating requirements 9.06.193 Bingo, provisions administration 5.32.170 Permit Clerk, city, appointment 2.20.100 See also License, permit, MTO certificate Commission meetings, attendance 2.28.060 massage establishment employees Compensation, reimbursement 2.28.080 permit requirements 9.06.080 Created 2.28.010 massage therapist Departmental organization authority 2.48.030 annual medical examination 9.06.160 Director of emergency services 2.40.050 criteria 9.06.110 Eligibility, bond 2.28.030 practical examination 9.06.120 Encroachment permit issuance 14.08.040 outcall massage Garage, patio sale enforcement authority 5.16.060 application 9.06.180 Grocery store enforcement authority 5.36.060 criteria 9.06.190 Park and/or building permit issuance 13.04.040 Prohibited acts 9.06.198 Parks administration 13.04.220 Purpose of provisions 9.06.010 Pedestrian regulations administration 11.09.020 Sanitary conditions 9.06.196 Powers, duties 2.28.040 Violation Relations with council 2.28.050 continuing 9.06.260 Sales and use tax, alternate, collection 3.09.050 alternative remedies 9.06.260 Solicitor penalty 9.06.250 administrative authority 5.20.100 public nuisance 9.06.240 identification permit application investigation 5.20.020 MAYOR revocation, duties 5.20.070 Board of appeals appointment 16.04.020 Street tree enforcement 14.12.040 Disaster council chairman 2.40.030 Surplus sales officer duties 3.25.020 Electrical board of appeals appointment 16.16.130 Suspension, removal, resignation 2.28.090 Employees' retirement system execution 2.56.020 Taxicab driver license suspension, revocation 5.28.180 MECHANICAL CODE Temporary absence, replacement 2.28.070 Adopted 16.24.010 Traffic Adoption of appendix chapters 16.24.015 speed limit signing 11.12.040 Amendments stop intersection signing 11.20.040 Section 310.1 16.24.030 Water Table No. 1-A 16.24.070 department duties 15.12.090 Appeals 16.24.060 provisions enforcement 15.12.050 Condensate wastes 16.24.030 Name substitution 16.24.020 MASSAGE ESTABLISHMENTS, SERVICES Permit fees 16.24.070 Conditions of premises 9.06.196 Violation, penalty 16.24.080 Definitions 9.06.020 2013 S-38 • 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 Encroachment 14.08.030 Permit Explosives 10.20.010 appeal 13.04.080 Firearm 10.76.010 application 13.04.050 Fire code, designated activities 16.40.090 contents 13.04.060 Grading 16.08.030 fees, deposit 13.04.090 Moving buildings 16.36.020 granting, denial 13.04.070 Newsrack 10.21.080 liability 13.04.100 Off-street vehicle 11.10.011 required 13.04.040 Parade 10.44.030 revocation 13.04.110 Park, building 13.04.140 Picnic area, use restrictions 13.04.170 Parking Property, use restrictions 13.04.120 See PARKING Purpose 13.04.010 Private patrol 5.24.020 Sanitation requirements 13.04.140 Restaurant, food establishment 9.04.020 Section closure when 13.04.200 Sign 19.104.030 Swimming restrictions 13.04.160 Solicitor identification 5.20.030 Vehicle requirements 13.04.150 Streamside modification 9.19.030 Violation, penalty 13.04.240 Swimming pool 16.32.070 Taxicab PATIO SALE driver 5.28.160 See GARAGE, PATIO SALE operation 5.28.060 Temporary parking 11.24.220 PEDESTRIANS Toxic gas storage, use 16.42.060 Administration 11.09.020 Trees Adult school crossing guards prohibited acts 14.12.080 obedience to, required 11.09.060 Watercourse, discharge into, NPDES permit positioning 11.09.050 9.18.080 Defined 11.09.010 Water system connection 15.12.080 Violation, penalty 11.09.090 PERSONNEL PEDDLER Accruals credits, retained 2.52.080 Business license Authority See also BUSINESS LICENSE city manager 2.52.100 fee 5.04.400 council 2.52.090 Child care expense reimbursement, granted PENALTY specified officers 2.72.010 Code violation 1.12.010 City Nuisance abatement 1.12.030 rights 2.52.310 Separate offense 1.12.020 Communication with See COMMUNICATION WITH CITY PERFORMANCE See OFFICIALS Business license Council, rights, powers 2.52.350 See also BUSINESS LICENSE Definitions 2.52.290 fee 5.04.340 Employee organization appropriate unit determination 2.52.470 PERMIT formal recognition petition 2.52.450 See also BUSINESS LICENSE representative determination 2.52.480 Advertisement, handbill distribution 10.52.030 rights 2.52.300 Alcoholic beverages, gasoline concurrent sales 5.44.030 2013 S-38 23 Index Employer-employee relations 2.52.280 Meetings Employment continuation 2.52.490 amendments, records required 2.32.060 Federal, state, city laws, authority 2.52.340 procedure 2.32.050 Grievance processing procedure 2.52.420 Member Impasse procedures 2.52.410 term of office 2.32.020 Jurisdiction A vacancy, removal 2.32.030 classification plan Powers, functions 2.32.070 provisions included 2.52.160 Procedural rules 2.32.080 purpose 2.52.140 scope of coverage, adoption PLANNING DIRECTOR 2.52.150 Bingo license applicant investigation 5.32.220 pay plan 2.52.180 Flood area authority 16.52.021 Jurisdiction B provisions included 2.52.240 PLUMBING CODE purpose 2.52.220 Adopted 16.20.010 scope of coverage, adopted 2.52.230 Adoption of appendix chapters 16.20.015 Jurisdiction C Amendments, Section 807.2 16.20.080 provisions included 2.52.270 Board of appeals 16.20.120 purpose 2.52.250 Condensate disposals 16.20.080 scope of coverage, adopted 2.52.260 Fees schedule 16.20.110 Jurisdictions Hearings 16.20.100 designated 2.52.040 Name substitution 16.20.020 exclusions 2.52.050 Violation, penalty 16.20.100 exemptions 2.52.060 Legislative intent 2.52.030 POLICE Meet and confer in good faith See SHERIFF advance notice required 2.52.440 exclusions 2.52.400 POLICE ALARM memorandum of understanding 2.52.430 See ALARM scope 2.52.380 Municipal employee relations officer designated POLLUTION 2.52.320 See WATERCOURSE POLLUTION Purpose 2.52.010 PREVENTION Repeal of prior provisions 2.52.070 Retirement PRELIMINARY SOIL REPORT See Specific Subject See BUILDING See Purpose Rules, regulations PRIVATE SCHOOL adoption 2.52.330 Business license adoption, effectiveness 2.52.130 See also BUSINESS LICENSE scope, applicability 2.52.120 fee 5.04.420 State law applicability 2.52.370 System adopted 2.52.020 PROPERTY MAINTENANCE Written agreements, effect 2.52.360 City powers 9.22.050 Exemptions from provisions 9.22.030 PISTOL Franchise Tax Board, notice 9.22.060 See FIREARM Penalties 9.22.040 Prohibited acts 9.22.020 PLANNING COMMISSION Purpose of provisions 9.22.010 Chairman, election 2.32.040 Established 2.32.010 Flood area appeal duties 16.52.030 2013 S-38 Cupertino-Index 24 PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030 REQUIREMENTS Contract See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS PRIVATE DEVELOPMENTS bid, award procedures 3.22.060 Definitions 3.22.020 PUBLIC SAFETY COMMISSION Exemptions Compensation, expenses 2.60.050 See Public agencies, exemptions when Duties, responsibilities 2.60.070 Funds availability required 3.22.050 Effect 2.60.080 Public agencies, exemptions when 3.22.070 Established 2.60.010 Purchase order, request, petty cash required Meetings, quorum, officers, staff 2.60.040 3.22.040 Members Purpose of provisions 3.22.010 term of office 2.60.020 vacancy removal 2.60.030 PURCHASING OFFICER Records required 2.60.060 Contract award authority 3.22.060 Designated 3.22.020 PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030 Award, criteria lowest bid rejection, effect 3.23.100 --Q-- lowest responsible bidder 3.23.070 Bid QUARANTINE competitive, required when 3.23.030 See ANIMAL exempt activities designated 3.23.130 informal procedure when 3.23.120 --R-- invitation, notice, contents 3.23.040 opening, procedure 3.23.060 RECORDER, COUNTY presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090 rejection, identical, absence, effect 3.23.110 Bond requirements 3.23.140 RECYCLING AND DIVERSION OF CONSTRUCTION Definitions 3.23.020 AND DEMOLITION WASTE Lowest responsible bidder Administrative fee, 16.72.060 See Award, criteria Covered projects, 16.72.030 Proceeds, deposit, use 3.23.150 Definitions, 16.72.020 Purpose of provisions 3.23.010 Diversion requirements, 16.72.040 Security Findings of the City Council, 16.72.010 See also Bid Information required before issuance of permit, forfeiture when 3.23.080 16.72.050 Work Reporting, 16.72.070 additional, procedure when 3.23.160 deletion permitted when 3.23.170 RECYCLING AREAS Applicability of provisions 9.16.030 PUBLIC WORKS DEPARTMENT Definitions 9.16.020 See DEPARTMENTAL ORGANIZATION Maintenance and collection 9.16.050 Purpose of provisions 9.16.010 PUBLIC WORKS DIRECTOR Site development requirements 9.16.040 Storm drainage service charge Violation, penalty 9.16.060 collection duties 3.36.080 measurement, analysis methods report duties REFUSE 3.36.060 See GARBAGE premises inspection authority 3.36.190 RENTAL DISPUTE MEDIATION PURCHASING Appeal 2.78.080 See also EQUIPMENT, SURPLUS, SALE Enforcement 2.78.090 PUBLIC WORKS CONTRACTS Purpose of provisions 2.78.010 2013 S-38 Repl. 25 Index SALES AND USE TAX Installation, construction, alteration inspections Administration, state contract 3.08.050 15.20.110 Collection, enjoining prohibited 3.08.160 state contractor's license required 15.20.090 Exemptions, exclusions 3.08.120 Liability disclaimer 15.20.160 Operative date 3.08.030 New construction, permit required 15.20.060 Purpose 3.08.040 Nuisance declarations 15.20.120 Rate 3.08.020 Permit required Sales alterations 15.20.070 place, consummation 3.08.070 new construction 15.20.060 tax, imposed 3.08.060 septic tanks 15.20.080 Short title 3.08.010 Private system requirements 15.20.040 State code Purpose of provisions 15.20.010 additional permits not required 3.08.110 Sanitary sewer, public, required, exceptions amendments, chapter applicability 3.08.150 15.20.030 limitations 3.08.100 Septic tank requirements 15.20.080 provisions adopted 3.08.090 Soil tests 15.20.050 Use tax, imposed 3.08.080 State contractor's license required when 15.20.090 Violation, penalty 3.08.170 Violations designated 15.20.180 SALESPERSON recording notice 15.20.150 Business license See also BUSINESS LICENSE SHEEP fee 5.04.290 See ANIMAL SAN JOSE WATERWORKS SHERIFF See FRANCHISE Bingo inspection 5.32.180 SEASONAL LOT license applicant investigation 5.32.210 Business license staff change investigation 5.32.260 See also BUSINESS LICENSE Private patrol fee 5.04.330 identification card issuance 5.24.130 permit application approval 5.24.040 SECONDHAND DEALER uniform, equipment approval, inspection Applicability of provisions 5.40.010 5.24.120 Definitions 5.40.020 Inspection authority 5.40.030 SHOPPING CENTER See also TRESPASSING SEISMIC SAFETY Free speech activity restrictions 10.56.040 See TOXIC GASES SIDEWALK SEWER See STREETS AND SIDEWALKS See also SUBDIVISION See also WATER SIGN See also WATER POLLUTION abandoned or discontinued signs 19.104.320 See also PREVENTION appeals 19.104.070 Abandoned system 15.20.140 applicability of regulations 19.104.020 Appeals, generally 15.20.190 beverage container recycling signs 19.104.180 Applicability of provisions 15.20.010 changeable copy signs 19.104.180 Alteration, permit required 15.20.070 construction and maintenance specifications Building permit issuance requirements 15.20.100 19.104.090 Definitions 15.20.020 decorative statuary 19.104.180 Enforcement authority designated 15.20.170 electronic readerboard signs 19.104.180 Failing system,correction responsibilities 15.20.130 enforcement of provisions 19.104.300 2013 S-38 Cupertino-Index 26 Example of How to Figure Size and Location of portable signs and displays 19.104.270 Ground Signs, Ch. 19.104, Appendix A project announcement signs 19.104.260 Examples of Well Proportioned Signs; Examples of promotional devices 19.104.270 Signs Not Well Proportioned, Ch. 19.104, real estate signs 19.104.260 Appendix C special event banners 19.104.270 exception; findings 19.104.290 subdivision signs 19.104.250 freeway orientation 19.104.200 window signs 19.104.280 gasoline station signs 19.104.170 violation deemed infraction 19.104.380 ground signs 19.104.160 illegal signs SKATEBOARDS authority to remove in public right-of-way Defined 11.08.015 or on public property 19.104.340 Prohibited where 11.08.270 court action authorized 19.104.370 Violations, penalties 11.08.280 deemed public nuisance 19.104.370 private property 19.104.330 SMALL-INCOME BUSINESS public property 19.340.340 Business license responsible party for costs and fees See also BUSINESS LICENSE 19.104.360 fee 5.04.450 storage, reclamation and disposal of 19.104.360 SMOKING IN RECREATIONAL AREAS summary removal authorized 19.104.350 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 penalty 19.104.380 SOILS REPORT permanent See BUILDING blade signs&logos, symbols or insignias SUBDIVISION 19.104.150 design criteria 19.104.220 SOLICITOR wall signs 19.104.140 See also STREETS, SIDEWALKS window signs 19.104.150 Administrative authority 5.20.100 permit required 19.104.030 Business license private property, illegal signs 19.104.330 See also BUSINESS LICENSE prohibited signs 19.104.110 fee 5.04.290 purpose and intent 19.104.010 Definitions 5.20.010 responsible party for costs and fees 19.104.360 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 19.104.360 grounds 5.20.060 summary removal authorized 19.104.350 Posting of premises 5.20.140 temporary Vehicle requirements 5.20.080 flags 19.104.250 Violation, penalty 5.20.130 garage sales 19.104.250 location 19.104.240 SPECIFIC PLAN political signs 19.104.250 See LAND DEVELOPMENT PLANNING 2012 S-35 27 Index SPORTING EVENT STORMWATER POLLUTION PREVENTION AND Regulations, permit WATERSHED PROTECTION See PARADES AND ATHLETIC EVENTS Administration 9.18.015 Administrative penalties, payment of funds STORM DRAINAGE SERVICE CHARGE to account 9.18.260 Adjustments, conditions 3.36.160 Civil penalty Amount for illicit discharges, payment of funds See Imposed, determination, applicability to account 9.18.240 Applicability for violation, payment of funds See Exemptions to account 9.18.230 Imposed, determination, applicability Definitions 9.18.020 Collection Discharge See also Disputed charges accidental Payment notification of discharge 9.18.070 balance, procedure 3.36.090 protection from 9.18.060 omitted charges 3.36.100 limitations on point of discharge 9.18.030 procedure, regulations generally permitted pursuant to NPDES permits 9.18.080 3.36.080 storm drain, prohibited 9.18.040 Definitions 3.36.020 Inspections Delinquent inspection and maintenance easement 9.18.200 See Payment inspection and verification Disputed charges responsibility 9.18.170 See also Adjustments, conditions inspections by City 9.18.195 procedure 3.36.150 Penalties Effective date 3.36.070 administrative 9.18.260 Exemptions 3.36.040 civil 9.18.230, 9.18.240 Fund Purpose of chapter 9.18.010 See STORM DRAINAGE SERVICE CHARGE Severability 9.18.270 FUND Stormwater pollutant source controls Imposed, determination, applicability 3.36.030 and BMPs 9.18.210 Payment Stormwater pollution prevention plan 9.18.090 See also Collection agreement to maintain stormwater treatment Disputed charges systems and best management delinquency practices 9.18.160 See also due date design standards for 9.18.110 enforcement 3.36.200 failure to maintain 9.18.190 penalty 3.36.140 litter prevention and enforcement 9.18.215 due date 3.36.130 low impact development requirements 9.18.130 location 3.36.120 permanent measures required for owner responsibility 3.36.110 development and redevelopment Premises inspection, scope, authority 3.36.190 projects 9.18.100 Purpose, limitations of provisions 3.36.010 records of maintenance and inspection Refunds, conditions 3.36.180 activities 9.18.180 Revenues, use, limitations 3.36.170 stormwater management plan required for Review regulated projects 9.18.120 measurement, analysis methods report stormwater treatment measure operation 3.36.060 and maintenance responsibility 9.18.150 procedure generally 3.36.050 trash load reductions 9.18.115 Use Violation 9.18.220 See Revenues, use, limitations notice of 9.18.250 STORM DRAINAGE SERVICE CHARGE FUND STREET IMPROVEMENT Created, purpose, use 3.36.170 Agreement deferred See Deferred agreement 2013 S-38 Cupertino-Index 28 installation Requirements generally 14.04.040 See Installation agreement Rules, regulations 14.04.120 reimbursement Standard specifications 14.04.200 See Reimbursement agreement Street, highway width 14.04.210 Appeals 14.04.240 Violation Applicability of provisions 14.04.020 nuisance 14.04.260 Chapter conformance required 14.04.250 penalty 14.04.280 Credit utility connection denial 14.04.270 prior improvements 14.04.150 purpose 14.04.100 STREETS AND SIDEWALKS Dedication See also SUBDIVISION determination by class 14.04.140 Cleated vehicle operation, prohibitions 14.08.080 requirements 14.04.130 Depositing dirt, rocks prohibited 14.08.070 time, purpose 14.04.050 Encroachment Deferred agreement permit See also In-lieu payment, deferred agreement applications, deposit 14.08.040 generally issuance 14.08.050 purpose 14.04.080 required 14.08.030 Exceptions 14.04.230 Obstruction Fees 14.04.190 applicability 14.08.090 In-lieu payment defmitions 14.08.010 See also In-lieu payment, deferred agreement overhead, prohibited 14.08.020 See also violation, penalty 14.08.100 generally Soliciting on purpose 14.04.070 definitions 10.80.010 schedule 14.04.180 no vehicle solicitation zone 10.80.030 In-lieu payment, deferred agreement generally prohibited 10.80.020 14.04.060 violation, penalty 10.80.040 Installation agreement, bond, other securities Street improvements 14.04.170 See STREET IMPROVEMENT Interim 14.04.090 Trees Legal description required 14.04.220 See TREES Permit, preceding Underground installations, specifications, conditions 14.04.160 supervision 14.08.050 purpose 14.04.110 Underground utilities Preceding permit See UNDERGROUND UTILITIES See Permit, preceding Purpose, intent 14.04.030 SUBDIVISION Reimbursement agreement Access funds disposition 14.04.176 direct access required 14.04.175 See Street Reimbursement charges requirements 18.32.120 applicability 18.56.010 Alley dedication charges additional 18.56.070 See Street cost of land, interest 18.56.040 Amendment funds, disposition 18.56.050 See Map land acquisition, cost, interest 18.56.060 Applicability of provisions 18.04.040 purpose of provisions 18.56.010 Attorney responsibilities 18.08.020 reimbursement agreement 18.56.020 Certificate of correction See also Reimbursement agreement See Map required 18.56.030 Citation 18.04.010 rules, regulations, establishment authority Community development department 18.56.080 responsibilities 18.08.050 Remedies cumulative 14.04.290 Compliance certificate of compliance issuance 18.48.030 2012 S-31