2013 S-39 Supplement CUPERTINO, CALIFORNIA
Instructiion Sheet
2013 S-39 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 5: BUSINESS LICENSES AND REGULATIONS
25, 26 25, 26
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
25, 26 25, 26
33 through 38H 33 through 38J
TITLE 16: BUILDINGS AND CONSTRUCTION
94A, 94B 94A through 94F
Comprehensive Ordinance List
41, 42 41, 42
Index
15, 16 15 through 16B
LMB
(6/13)
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2013 S-39 Supplement contains:
Local legislation current through Ordinance 13-2111, passed 6-4-13
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
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 license in question. (Ord.
bank accounts containing profits derived from bingo games 13-2108, § 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, tiles 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 purpos°s 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
2013S-39
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;
2013S-38
25 Trees 14.12.080
14.12.080 Prohibited Acts. Tree/Right of Way Supervisor or his/her designee a
It is unlawful and it is prohibited for any person other minimum of ten working days prior to the start of any
than the Tree/Right of Way Supervisor or his/her designee, proposed work. The City has the authority to approve or
for any person to engage in, cause or allow any of the deny removal requests. All work performed must be done
following acts: to International Society of Arboricultural Standards. (Ord.
A. Plant, trim or cause to be planted, trimmed or 2092, (part), 2012; Ord. 125, § 10, 1968)
removed any public tree.
B. Cause or permit any activities that may be 14.12.100 Replacement Tree—Deposit.
deemed detrimental to the health of any public tree as A permittee may be required to reimburse the City for
determined by the Tree/Right of Way Supervisor. expenses to plant street tree(s) within the limits of City
C. Remove,cut,trim,prune,spray,brace,plant,or property adjacent to private property as a condition of
move, any public tree within the City, or cause the same to granting a development or building permit. The permittee
be done. shall deposit with the Department of Community
D. Intentionally poison,kill,significantly damage the Development the amount specified in the New Street Tree
functioning root system of,or remove any public tree within Cost Schedule resolution. (Ord. 2092, (part), 2012; Ord.
the City, or cause the same to be done. 1731, (part), 1996)
E. Break, injure, deface, mutilate, or destroy any
tree or set fire or permit any fire to burn where such fire or 14.12.110 Nuisance—Liability.
the heat thereof will injure any portion of any public tree in There are two types of nuisances that may occur within
the City, nor shall any person place, apply, attach, or keep the public right-of-way. The first is when any private tree or
attached to any public tree or to the guard or stake intended shrub adjacent to or overhanging any public right-of-way is
for the protection thereof any wire, rope (other than one in such a condition as to constitute a hazard or impediment
used to support a young or broken tree), sign, paint, or any to the progress or vision of anyone traveling on such public
other substance, structure, thing or device of any kind or right-of-way. The second is when any tree(not a street tree)
nature whatsoever. or shrub planted adjacent to private property in areas
F. Cause or permit any vegetation to grow on any reserved for public trees in the City either causes a nuisance
street tree located adjacent to private property that may have as defined above or is detrimental to the health of street
adverse effects on the health of the tree as determined by the trees or adjacent City improvements.
Tree/Right of Way Supervisor, or his/her designee. The Tree/Right of Way Supervisor, or his/her
In addition to any other penalty or enforcement designee, may inspect either type of nuisance and cause
provided by law, any person who violates the provisions of corrective action to be taken so as to protect life, health,
this chapter shall be liable for restitution and or mitigation safety, or property of the public. If the owner of such
to the City for any damage to a street tree or a park tree. private property does not correct or remove such nuisance
The Tree/Right of Way Supervisor or his/her designee ' within five working days after receipt of written notice
may exclude public trees planted and/or removed as thereof from the Tree/Right of Way Supervisor, or his/her
approved by a development or building permit from these designee, the Tree/Right of Way Supervisor shall cause the
prohibited acts. (Ord. 2092, (part), 2012) nuisance to be corrected or removed and all costs shall be
assessed to such owner. When the nuisance is any tree(not
14.12.090 Public Utilities—Tree Trimming Permit. a street tree) or shrub planted in areas reserved for public
Any person doing business as a public utility subject to trees, the individual responsible for the planting may, at the
the jurisdiction of the Public Utilities Commission of the determination of the Tree/Right of Way Supervisor, be
state of California and any duly constituted public agency required to reimburse the City for all actual costs incurred
authorized to provide and providing utility service, shall be to remove the tree or shrub. If the individual responsible for
given a permit from the City Manager, or his/her designee, the nuisance planting cannot be determined, the City will
permitting such public utility to trim, brace, remove or remove the tree or shrub.
perform such other acts with respect to public trees of the Nothing contained herein shall be deemed to impose
City as may be necessary to comply with the safety any liability upon the City,its officers,or employees,nor to
regulations of said Commission and as may be necessary to relieve the owner of any private property from the duty to
maintain the safe operation of its business. Permittee shall keep any private tree upon his property or under his control
be required to have persons who are qualified to perform the in such a condition as to prevent it from constituting a public
work of tree trimming and maintenance. Any proposed nuisance as hereinabove defined. (Ord. 2092, (part), 2012;
public tree work that meets the definition of "remove" set Ord. 125, § 13, 1968)
forth in this chapter shall be first communicated to the
2012S-33
14.12.120 Cupertino-Streets, Sidewalks and Landscaping 26
14.12.120 Condition for Development or Building 14.12.150 Penalty.
Permit. The following penalties for violation of this Chapter
Every person who constructs, remodels or alters any 14.12 may be pursued either separately or in addition to
dwelling,commercial or industrial property which is subject each other.
to Chapter 14.04 of the Cupertino Municipal Code to install A. Infraction. Any person who violates any
street improvements and where approved street trees from provision of this chapter shall be guilty of an infraction.
the Master Street Tree List do not exist, shall pay the B. Administrative Penalties. The City may pursue
required fee, prior to the issuance of a building permit, per the remedies for an administrative penalty set forth in
the New Street Tree Cost Schedule, for the purchase, Chapter 1.10.
planting and maintenance of the trees by the City. C. Civil Penalties.
When public trees are to be removed and/or planted as 1. The first time offender shall be subject to the first
a condition of an approved development or approved time offender fee as established in the Public Tree Damage
building permit, Sections 14.12.140 and 14.12.150 of this or Removal Fee Schedule.
chapter shall not apply. 2. Any repeat offender, professional or intentional
All public trees shall be protected against damage actor will be subject to the higher penalties as defined
during construction operations. There shall be no storage of below.
materials, tool washout, or vehicle parking near or upon 3. As part of a civil action brought by the City, a
public trees. (Ord. 13-2111, § 1, 2013; Ord. 2092, (part), court may assess against any person who commits, allows,
2012; Ord. 1731, (part), 1996) or maintains a violation of any provision of this chapter a
civil penalty in an amount not to exceed $75,000 per
14.12.130 New Street Tree Costs and Public Tree violation.
Damage or Removal Fee Schedules. 4. Where the violation has resulted in damaged
A. New Street Tree Cost, Schedule. The fees branches or roots of a public tree, the civil penalty shall..be
imposed by the City to purchase and plant street trees shall subject to a per inch fee adjusted by species and condition as
be as specified in the New Street Tree Cost Schedule established in the Public Tree Damage or Removal Fee
adopted by Council Resolution.All planting costs associated Schedule adopted by Council resolution. Measurement of
with a building permit shall be collected by the Chief the damage shall be the width of the wound measured across
Building Inspector, or his/her designee, for deposit into the the grain at the widest point. If the Tree/ROW Supervisor
City's general. fund prior to the issuance of a building determines that corrective pruning is required to balance a
permit. public tree with damaged branches or roots,the City shall be
B. Public Tree Damage or Removal Fee Schedule. reimbursed for actual costs incurred to do such work.
The fees imposed for public tree removal and/or damage to Damage fees shall be paid to the City and deposited to the
public tree branches and roots shall be as specified in the tree fund as required.
Public Tree Damage or Removal Fee Schedule adopted by ' S. Where the violation has resulted in removal of a
Council Resolution. Damage and removal fees collected public tree,the civil penalty shall be subject to a per inch fee
shall be deposited into the City's tree fund. (Ord. 2092, adjusted by species and condition as established in the Public
(part), 2012) Tree Damage or Removal Fee Schedule. Measurement of
the removal shall be the diameter width at four and one-half
14.12.140 Remedies. feet above the ground. If the tree is multi-trunk, the
In addition to all other remedies set forth in this diameter of the largest trunk is to be multiplied by one and
chapter or otherwise provided by law, the following one-half to determine removal fee. If there is tree damage
remedies shall be available to the City for violation of this four and one-half feet above the ground, trunk diameter is
chapter: to be measured one foot above ground level and one inch is
A. Stop Work - Temporary Moratorium. If a to be subtracted from the diameter to determine removal fee.
violation occurs, the City may issue a stop work order or If the tree is removed to the ground, tree inventory data or
temporary moratorium suspending and prohibiting all further other available information will be used to determine the
activity on the property pursuant to the grading,demolition, trunk diameter. The penalty for removal of a public tree
and/or building permit(s) until the Public Tree Damage or shall not exceed the trunk formula method of appraised
Removal Fee has been determined by the City and paid by value as determined by the most recent edition of the 'Guide
the permittee. for Plant Appraisal', published by the Council of Tree and
B. Injunctive Relief. A civil action may be Landscape Appraisers. (Ord. 2092, (part), 2012; Ord.
commenced to abate, enjoin, or otherwise compel the 1886,(part),2001;Ord. 1731,(part), 1996;Ord. 125, § 15,
cessation of such violation. (Ord. 2092, (part), 2012) 1968)
2013S-39
14.18.010
CHAPTER 14.18: PROTECTED TREES
Section
14.18.010 Purpose. D. Assist in the absorption of rain waters, thereby
14.18.020 Definitions. preventing erosion of top soil, protecting against flood
14.18.030 Actions prohibited. hazards and the risk of landslides;
14.18.040 Retention promoted. E. Counteract air pollutants by protecting the known
14.18.050 Protected trees. capacity of trees to produce pure oxygen from carbon
14.18.060 Heritage tree designation. dioxide;
14.18.070 Heritage tree list. F. Maintain the climatic balance (e.g., provide
14.18.080 Plan of protection. shade);
14.18.090 Recordation. G. Help decrease potential damage from wind
14.18.100 Heritage tree identification tag. velocities;
14.18.110 Enforcing authority. For the above reasons, the City finds it is in the public
14.18.120 Exemptions. interest, convenience and necessity to enact regulations
14.18.130 Tree Management Plan. controlling the care and removal of protected trees within
14.18.140 Application and approval authority the City in order to retain as many trees as possible,
for tree removal permit. consistent with the individual rights to develop,maintain and
14.18.150 Director to inspect. enjoy their property to the fullest possible extent. (Ord.
14.18.160 Application requirements. 13-2107, §2(part),2013;Ord. 2085, §2(part),2011;Ord.
14.18.170 Notice and posting. 2003, 2007; Ord. 1573, § 2, 1991; Ord. 1543, §2, 1991)
14.18.180 Review and determination of
application. 14.18.020 Definitions.
14.18.190 Tree replacement. Unless otherwise stated, the following definitions
14.18.200 Retroactive tree removal permit. pertain to this chapter.
14.18.210 Protection during construction. A. "City" means the City of Cupertino situated in
14.18.220 Protection plan before permit the County of Santa Clara, California.
granted. B. "Developed residential" means any legal lot of
14.18.230 Notice of action on permit-Appeal. record,zoned single-family,duplex,agricultural residential
14.18.240 Penalty. and residential hillside, with any structure (principal or
accessory) constructed thereon.
C. "Development application"means an application
14.18.010 Purpose. for land alteration or development, including but not limited
In enacting this chapter, the City of Cupertino to subdivision of property, rezoning, architectural and site
recognizes the substantial economic, environmental and approval, two-story residential permit, minor residential
aesthetic importance of its tree population. Protected trees permit, planned development permit, variance, and use
are considered a valuable asset to the community. The permit.
protection of such trees in all zoning districts is intended to D. "Heritage tree"means any tree or grove of trees
preserve this valuable asset. The City finds that the which, because of factors including, but not limited to, its
preservation of protected trees, and the protection of all historic value, unique quality, girth, height or species, has
trees during construction, is necessary for the best interests been found by the Planning Commission to have a special
of the City and of the citizens and public thereof, in order significance to the community. See Attached Appendix A.
to: E. "Owner" shall include the legal owner of real
A. Protect property values; property within the City, and any lessee of such owner.
B. Assure the continuance of quality development; F. "Person" shall include an individual, a firm, an
C. Protect aesthetic and scenic beauty; association, a corporation,a copartnership, and the lessees,
33
2013S-39
14.18.020 Cupertino-Streets, Sidewalks and Landscaping 34
trustees, receivers, agents, servants and employees of any 1. Quercus (native oak tree species), including:
such person. a. Quercus agrifolia(Coast Live Oak);
G. "Private property" shall include all property not b. Quercus lobata(Valley Oak);
owned by the City or any other public agency. c. Quercus kelloggii (Black Oak);
H. "Public property"includes all property owned by d. Quercus douglasii (Blue Oak);
the City or any other public agency. e. Quercus wislizeni (Interior Live Oak);
I. "Protected tree"means any class of tree specified 2. Aesculus californica(California Buckeye);
in Section 14.18.050. 3. Acer macrophyllum(Big Leaf Maple);
J. "Specimen tree"means any class of tree specified 4. Cedrus deodara(Deodar Cedar);
in Section 14.18.050B. 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar);
K. "Tree removal" means any of the following: 6. Umbellularia californica (Bay Laurel or
1. Complete removal, such as cutting to the ground California Bay); and
or extraction, of a protected tree; or 7. Platanus racemosa(Western Sycamore).
2. Severe pruning, which means the removal of C. Any tree required to be planted or retained as part
more than one-fourth of the functioning leaf and stem area of an approved development application, building permit,
of a protected tree in any twelve-month period as determined tree removal permit or code enforcement action in all zoning
by the Community Development Director.(Ord. 13-2107, districts.
§ 2 (part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2056, D. Approved privacy protection planting in R-1
(part), 2010; Ord. 2003, 2007; Ord. 1886, (part), 2001; zoning districts. (Ord. 13-2107, § 2 (part), 2013; Ord.
Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. 2085, § 2(part), 2011; Ord. 2003, 2007)
1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3,
1991) 14.18.060 Heritage Tree Designation.
Application for designation of a heritage tree may only
14.18.030 Actions Prohibited. be initiated by the owner of property on which the tree is
A. It is unlawful to remove or kill any protected tree; located, unless the tree is located on public or quasi-public
and property. Any person may apply for designation of a
B. It is unlawful to remove any protected tree in any heritage tree if the tree(s) are located on public or
zoning district without first obtaining a tree removal permit quasi-public property. An application for a heritage tree
as required by this chapter. (Ord. 13-2107, § 2 (part), designation shall include:
2013; Ord. 2085, § 2(part), 2011; Ord. 2003, 2007) 1. Assessor's parcel number of the site;
2. Description detailing the proposed heritage tree's
14.18.040 Retention Promoted. special aesthetic,cultural,or historical value of significance
Protected trees are considered an asset to the to the community; and
community and the pride of ownership and retention of these ' 3. Photographs of the tree(s).
species shall be promoted. The Director of Community Application for designation of a heritage tree shall be
Development may conduct an annual review of the status of referred to the Planning Commission for review and
heritage trees and report the findings to the Planning determination in accordance with Chapter 19.12 of the
Commission. (Ord. 13-2107, § 2 (part), 2013; Ord. 2085, Cupertino Municipal Code.
§2(part),2011; Ord. 2003,2007;Ord. 1715, (part), 1996; The Planning Commission, may, by resolution,
Ord. 1543, §4.1, 1991) designate a tree or grove of trees as a heritage tree(s).
(Ord. 13-2107, § 2 (part), 2013: Ord. 2085, § 2 (part),
14.18.050 Protected Trees. 2011; Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord.
Except as otherwise provided in Section 14.18.120,the 1630, (part), 1993; Ord. 1543, § 4.2, 1991)
following trees shall not be removed without first obtaining
a tree removal permit: 14.18.070 Heritage Tree List.
A. Heritage trees in all zoning districts. A heritage tree list shall be created and amended by
B. All trees of the following species on private resolution. The list shall include the reason for designation,
property (See Appendix B) that have a minimum tree circumference, species name, common name, location
single-trunk diameter of ten inches (thirty-one-inch and heritage tree number. (Ord. 13-2107, §2(part),2013;
circumference)or minimum multi-trunk diameter of twenty Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. 1543,
inches(sixty-three-inch circumference)measured four and §4.3, 1991)
one-half feet from natural grade are considered Specimen
trees:
2013S-39
35 Protected Trees 14.18.080
14.18.080 Plan of Protection. 14.18.120 Exemptions.
As part of a development application: The following situations do not require a tree removal
A. The approval authority shall adopt a maintenance permit prior to removal:
plan for protected trees. It shall be the property owner(s)' A. Removal of a protected tree in case of emergency
responsibility to protect the trees. caused by the hazardous or dangerous condition of a tree,
B. Privacy protection planting in R-1 zoning districts requiring immediate action for the safety of life or property
shall be maintained. Landscape planting maintenance (e.g., a tree about to topple onto a principle dwelling due to
includes irrigation, fertilization and pruning as necessary to heavy wind velocities, a tree deemed unsafe, or a tree
yield a growth rate expected for a particular species. Where having the potential to damage existing or proposed essential
privacy protection planting dies it must be replaced within structures), upon order of the Director of Community
thirty days with the location, size and species described in Development, or any member of the sheriff or fire
Ordinance No. 1799 (privacy protection) and its appendix. department. However, a subsequent application for tree
The affected property owner, with privacy protection removal must be filed within five working days as described
planting on his or her lot, is required to maintain the in Sections 14.18.140 through 14.18.160. The Director of
required planting and shall be required to comply with Community Development will approve the retroactive tree
Section 14.18.090. (Ord. 13-2107, § 2(part), 2013; Ord. removal permit application and may require tree
2085, §2(part),2011;Ord. 2003, 2007; Ord. 1810, (part), replacements in conjunction with the approval. No
1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, application fee or other approval process shall be required
1991) in this situation.
B. Dead trees, in the opinion of the Director of
14.18.090 Recordation. Community Development. However, a subsequent
All protected trees required to be retained as part of a application for a tree removal must be filed within five
development application under Section 14.18.0500 shall working days as described in Section 14.18.140 through
have retention information placed on the property deed via 14.18.160. The Director of Community Development will
a conservation easement in favor of the City, private approve the retroactive tree removal permit application and
covenant, or other method as deemed appropriate by the may require tree replacements in conjunction with the
Director. The recordation shall be completed by the approval. No application fee or other approval process shall
property owner prior to final map or building permit be required in this situation.
issuance, or at a time as designated by the Director of C. Thinning out/removing of trees in accordance
Community Development when not associated with a final with a recorded tree management plan that has been
map or building permit issuance. (Ord. 13-2107, §2(part), approved in accordance with Section 14.18.130. No tree
2013; Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. removal permit is required.
1573, §4.6, 1991; Ord. 1543, §4.6, 1991) D. Public utility actions,under the jurisdiction of the
Public Utilities Commission of the State of California; as
14.18.100 Heritage Tree Identification Tag. may be necessary to comply with their safety regulations,or
Heritage trees shall have on them an identification tag, to maintain the safe operation of their facilities. (Ord.
purchased and placed by the City, inscribed with the 13-2107, §2(part),2013;Ord. 2085, §2(part),2011;Ord.
following information: 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part),
CITY OF CUPERTINO 1996; Ord. 1630, (part), 1993; Ord. 1543, § 7.1, 1991)
HERITAGE TREE NO. 14.18.130 Tree Management Plan.
is protected by the Protected Trees Ordinance. A tree management plan may be approved for a
Do not prune or cut property that includes criteria for the removal of certain
before contacting the City Planning Department trees in the future by anticipating the eventual growth of
at(408) 777-3308. trees on the property and specifying a time frame in which
(Ord. 13-2107, § 2 (part), 2013; Ord. 2085, § 2 (part), the trees may require removal to prevent overcrowding of
2011; Ord. 2003, 2007; Ord. 1543, §4.7, 199 1) trees. The property owner shall have retention information
placed on the property in accordance with Section
14.18.110 Enforcing Authority. 14.18.090,referring to the approved tree management plan.
The Director of Community Development, or his or For a tree management plan associated with a development
her authorized representative, shall be charged with the application, the tree management plan shall be approved in
enforcement of this chapter. (Ord. 13-2107, § 2 (part), conjunction with the approval of a landscape plan on the
2013; Ord. 2085, § 2(part), 2011) subject property.The tree management plan shall include the
following:
2012S-31
14.18.130 Cupertino-Streets, Sidewalks and Landscaping 36
A tree management plan may be approved for a of Community Development may approve, conditionally
property that includes criteria for the removal of certain approve, or deny the application for a tree removal permit.
trees in the future by anticipating the eventual growth of A tree replacement requirement may be required in
trees on the property and specifying a time frame in which conjunction with the tree removal permit. The applicable
the trees may require removal to prevent overcrowding of tree removal permit fee shall apply.
trees. The property owner shall have retention information C. Application for tree removals in conjunction with
placed on the property in accordance with Section a development application shall be considered by the
14.18.090,referring to the approved tree management plan. approval authority concerning the same property as the
For a tree management plan associated with a development affected tree removal permit application, and the
application, the tree management plan shall be approved in determination on the tree removal permit shall be made
conjunction with the approval of a landscape plan on the concurrently by the approval authority.
subject property.The tree management plan shall include the D. Application for removal of a heritage tree shall be
following: referred to the Planning Commission for final review and
A. A tree plan indicating all existing trees to be determination in accordance with Chapter 19.12. (Ord.
retained and all new trees to be planted that are part of the 13-2107, §2(part),2013;Ord.2085, §2(part),2011; Ord.
approved landscape plan. 2003, 2007; Ord. 1630, (part), 1993; Ord. 1573, § 8.1
B. Labeling of the species, size in DBH at planting (part), 1991; Ord. 1543, § 8.1 (part), 1991)
time or at time of tree management plan approval, location
and eventual growth size of each tree on the plan. 14.18.150 Director to Inspect.
C. A written explanation of the specific tree(s)to be Upon receipt of an application for removal of a
removed to prevent overcrowding, including the eventual protected tree, the Director of Community Development or
growth size in DBH at which time the tree is to be removed, his or her authorized representative will, within fourteen
and a time frame in which the tree(s)will reach the eventual days, inspect the premises and evaluate the request pursuant
growth size. to Section 14.18.180 of this chapter. Priority of inspection
The tree management plan shall be approved by the shall be given to those requests based on hazard or disease.
authority approving the landscape plan prior to recordation The Director of Community Development may refer any
of the tree management plan. The Director of Community such application to another department or to the Planning
Development shall review and approve the tree management Commission or an appropriate committee of the City for a
plan where no landscape plan is required. report and recommendation. Where appropriate, the
Trees that are listed to be removed in the tree Director of Community Development may also require the
management plan may be removed within the specified time applicant, at his or her own expense, to furnish a report
frame per the tree management plan without a tree removal from an arborist certified by the International Society of
permit, except for trees designated as heritage trees. No Arboriculture. (Ord. 13-2107, §2(part), 2013;Ord. 2085,
heritage trees shall be permitted to be removed in ' §2(part), 2011; Ord. 2003, 2007; Ord. 1573, §8.1 (part),
conjunction with an approved tree management plan. (Ord. 1991; Ord. 1543, § 8.1 (part), 1991)
13-2107, §2(part),2013;Ord.2085, §2(part),2011;Ord.
2003, 2007) 14.18.160 Application Requirements.
A request for removal of any heritage or protected tree
14.18.140 Application and Approval Authority for shall include the following:
Tree Removal Permit. A. Application information. Application for a tree
A. No person shall directly or indirectly remove or removal permit shall be available from and filed with the
cause to be removed any protected tree without first Community Development Department and shall contain the
obtaining a tree removal permit,unless such tree removal is following information, unless waived by the Director of
exempt per Section 14.18.130. Application for a tree Community Development:
removal permit shall be filed with the Department of 1. A written explanation of why the tree(s)should be
Community Development on forms prescribed by the removed;
Director of Community Development and shall state the 2. Photograph(s) of the tree(s);
number and location of the trees to be removed, and the 3. An arborist report from an arborist certified by
reason for removal of each. the International Society of Arboriculture when required by
B. Applications for protected tree removal shall be the Director of Community Development;
referred to the Director of Community Development for 4. Signature of the property owner and homeowner's
final review and determination in accordance with Chapter association (when applicable) with proof of a vote of the
19.12, except for heritage tree removals and tree removals homeowner's association;
in conjunction with development applications. The Director 5. Replanting plan;
2013S-39
37 Protected Trees 14.18.160
6. Other information deemed necessary by the permit. (Ord. 13-2107, § 2 (part), 2013; Ord. 2085, § 2
Director of Community Development to evaluate the tree (part), 2011; Ord. 2003, 2007; Ord. 1573, § 9.1, 1991;
removal request; Ord. 1543, § 9.1, 1991)
7. Permit fee, where applicable;
8. Tree survey plan indicating the number, 14.18.190 Tree Replacement.
location(s), variety and size(measured four and a half feet A. The approval authority may impose the following
above grade)of tree(s)to be removed. (Ord. 13-2107, §2 replacement standards for approval of each tree to be
(part),2013; Ord. 2085, §2(part), 2011; Ord. 2003,2007; removed in conjunction with an approved tree removal
Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; amended permit,unless deemed otherwise by the approval authority:
during 12/93 supplement; Ord. 1630, (part), 1993; Ord. Replacement trees,of a species and size as designated by the
1543, § 8.1 (part), 1991) approval authority and consistent with the replacement value
of each tree to be removed, shall be planted on the subject
14.18.170 Notice and Posting. property on which the tree(s) are to be removed. The
A. Notice shall be provided as indicated in Section approval authority shall work with the applicant/property
19.12.030. owner of the tree removal permit to determine the location
B. A notice shall be posted in accord with the of the replacement tree(s). Table A may be used as a basis
requirements of 19.12.110(F). for this requirement.The person requesting the tree removal
C. Where approval of a tree removal permit is permit shall pay the cost of purchasing, planting and
granted by the City, the property owner shall post the tree maintaining the replacement trees.
removal permit on site until the tree is removed or shall B. If a replacement tree for the removal of a
present proof of the tree removal permit upon request. non-heritage tree or tree with trunk size equal to or less than
(Ord. 13-2107, § 2 (part), 2013; Ord. 2085, § 2 (part), thirty-six inches cannot be reasonably planted on the subject
2011; Ord. 2003, 2007) property, an in-lieu tree replacement fee based upon the
purchase and installation cost of the replacement tree as
14.18.180 Review and Determination of Application. determined by the Director of Community Development
A. The approval authority shall approve a tree shall be paid to the City's tree fund to:
removal permit only after making at least one of the 1. Add or replace trees on public property in the
following findings: vicinity of the subject property; or
1. That the tree or trees are irreversibly diseased, 2. Add trees or landscaping on other City property.
are in danger of falling, can cause potential damage to C. For removal of a heritage tree or tree with a trunk
existing or proposed essential structures, or interferes with size greater than thirty-six inches, the in-lieu tree
private on-site utility services and cannot be controlled or replacement fee shall be based upon the valuation of the
remedied through reasonable relocation or modification of removed tree by using the most recent edition of the ISA
the structure or utility services; Guide for Plant Appraisal published by the Council of Tree
2. That the location of the trees restricts the and Landscape Appraisers.
economic enjoyment of the property by severely limiting the
use of property in a manner not typically experienced by
owners of similarly zoned and situated property, and the Table A-Replacement Tree Guidelines
applicant has demonstrated to the satisfaction of the approval Trunk Size of Removed Replacement Trees
authority that there are no reasonable alternatives to Tree (Measured 4V2 feet
preserve the tree(s). above grade)
3. That the protected tree(s) are a detriment to the
subject property and cannot be adequately supported Up to 12 inches One 24" box tree
according to good urban forestry practices due to the
overplanting or overcrowding of trees on the subject Over 12 inches and up to Two 24" box trees
property. 18 inches
B. The approval authority may refer the application
to another department or commission for a report and Over 18 inches and up to Two 24" box trees or
recommendation. 36 inches One 36" box tree
C. The approval authority shall either approve, Over 36 inches One 36" box tree
conditionally approve or deny the application.
D. The approval authority may require a tree Heritage tree One 48" box tree
replacement requirement in conjunction with a tree removal (Ord. 13-2017, § 2 (part), 2013; Ord. 2085, § 2 (part),
2011)
2013S-39
14.18.200 Cupertino-Streets, Sidewalks and Landscaping 38
14.18.200 Retroactive Tree Removal Permit. B. Any decision made by the approval authority on
An application for a retroactive tree removal shall be the tree removal application may be appealed in accordance
required for any protected tree removed prior to approval of with Chapter 19.12. (Ord. 13-2107, §2(part), 2013; Ord.
a tree removal permit.The application shall be filed with the 2085, § 2(part), 2011)
Department of Community Development on forms
prescribed by the Director of Community Development and 14.18.240 Penalty.
shall be subject to the requirements of a tree removal Violation of this chapter is deemed an infraction unless
permit. The application shall pay a retroactive tree removal otherwise specified. Any person or property owners, or his
permit fee. (Ord. 13-2107, §2(part),2013;Ord. 2085, §2 or her agent or representative who engages in tree cutting or
(part), 2011; Ord. 2003, 2007) removal without a valid tree removal permit is guilty of an
infraction as outlined in Chapter 1.12 of this code and/or
14.18.210 Protection During Construction. may be required to comply with Sections 14.18.140 and
Protected trees and other trees/plantings required to be 14.18.160. (Ord. 13-2107, §2(part),2013;Ord. 2085, §2
retained by virtue of a development application, building (part), 2011; Ord. 2003, 2007; Ord. 1810, (part), 1999;
permit, or tree removal permit shall be protected during Ord. 1731, (part), 1996; Ord. 1543, § 12.1, 1991)
demolition, grading and construction operations. The
applicant shall guarantee the protection of the existing tree(s)
on the site through a financial instrument acceptable to the
Director of Community Development. (Ord. 13-2107, §2
(part), 2013;Ord. 2085, §2(part), 2011;Ord. 2003,2007;
Ord. 1543, § 10.1, 199 1)
14.18.220 Protection Plan Before Permit Granted.
A. A plan to protect trees described in Section
14.18.210 shall be submitted to the Director of Public
Works and to the Director of Community Development prior
to issuance of a demolition,grading or building permit. The
plan shall be prepared and signed by a licensed landscape
architect or arborist certified by the International Society of
Arboriculture and shall be approved by the Director of
Community Development. The Director of Community
Development shall evaluate the tree protection plan based
upon the tree protection standards contained in Appendix A
at the end of this chapter.
B. The Director of Community Development may
waive the requirement for a tree protection plan both where
the construction activity is determined to be minor in nature
(minor building or site modification in any zone)and where
the proposed activity will not significantly modify the
ground area within the drip line or the area immediately
surrounding the drip line of the tree. The Director of
Community Development shall determine whether the
construction activity is minor in nature and whether the
activity will significantly modify the ground area around the
tree drip line. (Ord. 13-2107, §2(part), 2013; Ord. 2085,
§2(part),2011;Ord.2003,2007;Ord. 1543, § 10.2, 199 1)
14.18.230 Notice of Action on Permit-Appeal.
A. Notice of the decision on an application for a
protected tree removal permit by the approval authority shall
be mailed to the applicant.
2013S-39
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Appendix A Cupertino-Streets, Sidewalks and Landscaping 38B
City of Cupertino
Heritage Tree List
(In conformance with Ordinance No. 1573, Section 4)
TREE ID# SPECIES NAME LOCATION DESIGNATION PURPOSE
1 Pepper Tree 20971 Pepper Tree Lane Tree planted Mabel William Noonan's
Grandfather, Samuel Williams in 1888. Mabel
was a teacher in the Cupertino Union School
District for 17 years, well loved and known for
her enthusiastic promotion of Cupertino and its
history.
2 Kolter Pine 20900 McClellan Road Planted between 1900 and 1909 by Karla
Friedrich. He was the Historian of Cupertino
until 1950. He was a resident of Cupertino and
a native of San Francisco, born in 1869.
3 Coast Live Oak 21971 McClellan Road Considered magnificent specimens to be
preserved.
4 Coast Live Oak 21971 McClellan Road Probably one of the largest trunk diameters seen
on these species.
5 Almond Tree 10026 Orange Avenue Planted by Samuel Williams.
6- 38 California Fan Palm Avenue right-of-way Planted by John T. Doyle to line the main
Palms from South Foothill Blvd. To entrance to the Las Palmas Winery. Doyle was
Scenic Blvd. a prominent attorney, author, historian and
vintner.
For additional information about these heritage trees, contact the Cupertino Historical Society or refer to City of Cupertino
file 81,004.154.
(Ord. 13-2107, § 2 (part), 2013)
2013S-39
38C Protected Trees Appendix A
APPENDIX B
STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION
OPERATIONS
The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.220
of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified
arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure
the property care, maintenance, and survival of trees designated for protection.
Standards
1. A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated
for preservation.Construction and grading should not significantly raise or lower the ground level beneath tree drip lines.
If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate
the impact to the tree(s).
2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during
construction operations by constructing a four-foot-high fence around the drip line, and armor as needed. The extent of
fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any
excavation or grading is begun and shall be maintained:m repair for the duration of the construction work.
3. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is
authorized by the Director of Community Development.
4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand
dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with
consultation of an arborist shall be completed.
5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree
protection and design of tree wells.
6. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be
stored or dumped under a tree.
7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept
under constant surveillance.
8. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to
prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be
cut unless at first reviewed by the landscape architect/arborist with approval of staff.
9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon.
10. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be
saved.
11. Tree protection regulations shall be posted on protective fencing around trees to be protected.
(Ord. 13-2107, § 2 (part), 2013; Ord. 2085, §2(part), 2011; Ord. 2003, 2007)
2013S-39
38E Protected Trees Appendix C
APPENDIX C
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE
WITH SECTION 14.18.035
EXAMPLES OF SOME OAK TREE VARIETIES
Valley Oak(Quercus lobata)
Ikcell
Coast Live Oak(Quercus Agrifolia)
2013S-39
Appendix Cupertino.Streets, Sidewalks, and Landscaping 38
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2013S-39
3 G Protected Trees &p e az r
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2013S-39
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38I Protected Trees Appendix C
Western Sycamore(Platanus racemosa)
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Bay Laurel or California Bay(Umbellularia califomica)
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id
2013S-39
16.58.010
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED
Section
16.58.010 Code adoption. 16.58.015 Adoption of Appendix Chapters.
16.58.015 Adoption of appendix chapters.
16.58.020 Reserved. No Appendix Chapters from the 2010 California
16.58.040 Local amendments. Green Building Standards Code have been adopted. (Ord.
16.58.050 Section 101.1-Amended. 12-2099, § 1 (part), 2013; Ord. 2072, (part), 2010)
16.58.070 Section 101.3-Amended.
16.58.100 Section 101.10-Amended. 16.58.020 Reserved.
16.58.110 Section 101.10.1-Added.
16.58.120 Section 101.10.1.1-Added. 16.58.040 Local Amendments.
16.58.130 Section 101.10.1.1.1-Added.
16.58.140 Section 101.10.1.1.2-Added. The following provisions of this Chapter shall
16.58.150 Section 101.10.1.1.3-Added. constitute local amendments to the cross-referenced
16.58.160 Section 101.10.1.1.4-Added. provisions of the California Green Building Standards Code,
16.58.170 Section 101.10.1.1.5-Added. 2010 Edition, and shall be deemed to amend the
16.58.180 Section 101.10.1.1.6-Added. cross-referenced sections of said Code with the respective
16.58.190 Section 101.10.1.1.7-Added. provisions set forth in this Chapter. (Ord. 12-2099, § 1
16.58.200 Section 101.10.1.1.8-Added. (part), 2013)
16.58.210 Section 101.10.1.1.9-Added.
16.58.220 Table 101.10-Added. 16.58.050 Section 101.1-Amended.
16.58.230 Section 101.10.2-Added.
16.58.240 Section 102.3-Amended. Amend Section 101.1 to read as follows:
16.58.260 Section 102.3.1-Added.
16.58.280 Section 202-Amended. 101.1 Title. These regulations shall be known as the
16.58.290 Section 303.1.1-Amended. California Green Building Standards Code as amended by
16.58.300 Section 4.304.1.1-Amended. the City of Cupertino and may be cited as such and will be
16.58.310 Section 5.304.1.1-Added. referred to herein as "this code." The California Green
Building Standards Code as amended by the City of
16.58.010 Code Adoption. Cupertino is an amendment to Part 11 of 12 parts of the
official compilation and publication of the adoption,
The provisions of the 2010 California Green Building amendment and repeal of building regulations to the
Standards Code and each and all of the regulations, California Code of Regulations,Title 24, also referred to as
provisions,conditions and terms of the code is referred to as the California Building Standards Code. (Ord. 12-2011, § 1
if fully set forth in this chapter, and is by such reference (part), 2013)
adopted.
One (1) copy of the code therefore is on file in the 16.58.070 Section 101.3-Amended.
office of the Building Official pursuant to Health and Safety
Code Section 18942(d)(1) and is made available for public Amend Section 101.3 to read as follows:
inspection. (Ord. 12-2099, § 1 (part), 2013; Ord. 2072,
(part), 2010) 101.3 Scope.The provisions of this code shall apply to
the planning, design, operation, construction, use and
occupancy of every newly constructed building or structure,
unless otherwise indicated in this code for the City of
Cupertino.
94A
2013S-39
16.58.070 Cupertino-Buildings and Construction 94B
The California Green Building Standards Code also is 101.10.1.1.2 Residential new construction -
hereby amended to apply to additions, renovations and Greater than nine (9) homes or more - as set forth in
tenant improvements of privately-owned buildings and Table 101.10. (Ord. 12-2099, § 1 (part), 2013)
structures in accordance with the provisions of this Chapter.
16.58.150 Section 101.10.1.1.3-Added.
It is not the intent that this code substitute or be identified as
meeting the certification requirements of any private, third Add Section 101.10.1.1.3 to read as follows:
party green building program. (Ord. 12-2099, § 1 (part),
2013) 101.10.1.1.3 Major multi-family residential
renovations/additions - as set forth in Table 101.10.
16.58.100 Section 101.10-Amended. Requirements shall only apply to the area of
renovation/addition. (Ord. 12-2099, § 1 (part), 2013)
Amend Section 101.10 to read as follows:
16.58.160 Section 101.10.1.1.4-Added.
101.10 Mandatory requirements.This code contains
mandatory green building measures. In addition, this Add Section 101.10.1.1.4 to read as follows:
Chapter contains required minimum green building measures
as amended by the City of Cupertino. All new buildings and 101.10.1.1.4 Non-residential new construction,
structures, additions, renovations and tenant improvements small - as set forth in Table 101.10. (Ord. 12-2099, § 1
subject to requirements in Table 101.10 shall comply with (part), 2013)
the mandatory measures of the 2010 California Green
Building Standards Code as adopted by the state in addition 16.58.170 Section 101.10.1.1.5-Added.
to local amendments included in this code, regardless of
height or number of stories,unless specifically exempted by Add Section 101.10.1.1.5 to read as follows:
this code. (Ord. 12-2099, § 1 (part), 2013)
101.10.1.1.5 Non-residential new construction,
16.58.110 Section 101.10.1-Added. medium- as set forth in Table 101.10. (Ord. 12-2099, § 1
(part), 2013)
Add Section 101.10.1 to read as follows:
16.58.180 Section 101.10.1.1.6-Added.
101.10.1 Project Types-as set forth in Table 101.10.
(Ord. 12-2099, § 1 (part),2013) Add Section 101.10.1.1.6 to read as follows:
16.58.120 Section 101.10.1.1-Added. 101.10.1.1.6 Non-residential new construction,
large - as set forth in Table 101.10. (Ord. 12-2099, § 1
Add Section 101.10.1.1 to read as follows: (part), 2013)
101.10.1.1 Residential projects - as set for in Table 16.58.190 Section 101.10.1.1.7-Added.
101.10. (Ord. 12-2099, § 1 (part), 2013)
Add Section 101.10.1.1.7 to read as follows:
16.58.130 Section 101.10.1.1.1-Added.
101.10.1.1.7 Non-residential renovations/additions,
Add Section 101.10.1.1.1 to read as follows: minor - as set forth in Table 101.10. Requirements shall
only apply to the scope of work of renovation/addition.
101.10.1.1.1 Residential new construction-Equal (Ord. 12-2099, § 1 (part), 2013)
to or less than nine (9) homes - as set forth in Table
101.10. (Ord. 12-2099, § 1 (part), 2013) 16.58.200 Section 101.10.1.1.8-Added.
16.58.140 Section 101.10.1.1.2-Added. Add Section 101.10.1.1.8 to read as follows:
Add Section 101.10.1.1.2 to read as follows: 101.10.1.1.8 Non-residential renovations/additions,
major - as set forth in Table 101.10. Requirements shall
only apply to the area of renovation/addition. (Ord.
12-2099, § 1 (part), 2013)
2013S-39
94C Green Building Standards Code Adopted 16.58.210
16.58.210 Section 101.10.1.1.9-Added. 16.58.220 Table 101.10-Added.
Add Section 101.10.1.1.9 to read as follows: Add Table 101.10 to read as follows:
101.10.1.1.9 Mixed-Use - as set forth in Table
101.10. (Ord. 12-2099, § 1 (part), 2013)
Project Type Minimum Grreen Building Required Verification
Requirement
A. NEW CONSTRUCTION
Residential
Single Family and Multi-Family • CALGreen Building Code in City Review
homes equal to or less than 9 accordance with CALGreen's
homes: minimum thresholds.
Single Family and Multi-Family • GPR certified at minimum 50 Third Party GPR or LEED
homes greater than 9 homes: points or certification as applicable
• LEED Silver or
• Alternate Reference Standard
per Section 101.10.2 Alternate Reference Standard: See
Section 101.10.2
Non-Residential
Small, less than 25,000 SF: • CALGreen Building Code *per City Review
Chapter 5 of the California
Green Building Standards Code
Mid-size, from 25,000 to 50,000 0 LEED Certified or Third Party LEED Certification
SF: • Alternate Reference Standard Alternate Reference Standard:
per Section 1D1.10.2 See Section 101.10.2
Large, greater than 50,000 SF: • LEED Silver or Third Party LEED Certification
• Alternate Reference Standard
per Section 111.10.2 Alternate Reference Standard: See
Section 101.10.2
B. RENOVATIONS AND ADDITIONS
a. Residential
i. Single-family • CALGreen Building Code in City Review
accordance with CALGreen's
minimum thresholds.
ii. Multi-family (minor): • CALGreen Building Code in City Review
accordance with CALGreen's
minimum thresholds.
2013S-39
16.58.210 Cupertino-Buildings and Construction 94D
Project Type Minimum Green Building Required Verification
Requirement
iii. Multi-family (major): • GPR minimum 50 pts or Third Party GPR or LEED
Renovations and/or additions • LEED Certified or Certification as applicable
with a Floor Area Ratio(FAR) • LEED EBOM Certified or
increase? 50% and at least • Alternate Reference Standard Alternate Reference Standard: See
35,000 square feet, and that per Section 101.10.2 Section 101.10.2
replace or substantially alter the
HVAC system and at least two
of the following: building
envelope, hot water system and
lighting system.
b. Non-Residential
L Minor: Renovations and/or • CALGreen Building Code in City Review
additions that do not meet the accordance with CALGreen's
higher thresholds for "major minimum thresholds.
renovations and additions"
outlined as defined in(ii)below.
ii. Major: Renovations and/or • LEED Certified (applicable only Third Party LEED Certification
additions that comprise at least to the area of renovation/
35,000 square feet, and replace addition)or
or substantially alter the HVAC • LEED EBOM Certified or
system and two of the • Alternate Reference Standard Alternate Reference Standard: See
following: building envelope, per Section 101.10.2 Section 101.10.2
hot water system, and lighting
system.
Mixed-Use
For new and renovation/addition projects with residential and non-residential components, the use shall comply by
either:
1. Meeting the applicable requirements for each use; or
2. Meeting the applicable requirements for the use that comprises the majority of the project's square
footage/where uses are attached and/or combined in a building.
Notes:
"Major"renovations and/or additions apply only to the area of the renovation/addition unless the LEED EBOM
Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements shall only be applied
to elements included in the scope of a project, unless otherwise required by the California Green Building Standards
Code.
(Ord. 12-2099, § 1 (part), 2013)
16.58.230 Section 101.10.2-Added. Table 101.10. In making a determination in response to an
application under this section, the Building Official may
Add Section 101.10.2 to read as follows: allow an alternate standard if he/she finds that the proposed
alternative standard complies with all of the following:
101.10.2 Alternate green building standards. The A. Addresses a comprehensive scope of green
applicant may request to apply an alternate green building building issues including energy efficiency,water
standard for a project in lieu of the minimum standards per efficiency, resource efficient materials, and
healthy building practices;
2013S-39
94E Green Building Standards Code Adopted 16.58.230
B. Applies standards that are, when taken as a the purposes of this Section. The full
whole, as stringent as the GPR and LEED amount of the deposit shall be returned
standards; upon the certification document being
C. Includes a formalized certification process that provided per 102.3(A)(c). If however, the
incorporates third party verification; and project does not meet the requirements of
D. The project will advance the purposes of this this Chapter, as applied to the project, then
Chapter. (Ord. 12-2099, § 1 (part), 2013) the City shall retain the full amount of the
deposit, and shall use the deposit solely to
16.58.240 Section 102.3-Amended. advance the purposes of this Chapter.
d. Time Limit. Within 18 months of Final
Amend Section 102.3 to read as follows: Occupancy-Provide certification document
for LEED,GPR or alternate rating standard
102.3 Verification. Documentation of conformance in a form accepted by the City per Table
for applicable green building measures shall be provided to 101.10. The Building Official may grant a
the City of Cupertino.Verification that the project meets the one-time 6-month extension. (Ord.
applicable environmental standards occurs through either the 12-2099, § 1 (part), 2013)
Third Party process or City Review per the requirements in
Table 101.10. The following lists the verification 16.58.260 Section 102.3.1-Added.
requirements for Third Party verification, and alternative
methods: Added Section 102.3.1 to read as follows:
A. Third Party Certification. A project will be
required to meet the Third Party certification 102.3.1 Exemptions. The Building Official shall
process if the City determines that the project determine the maximum feasible threshold of compliance
meets or exceeds the applicable thresholds listed reasonably achievable for the project. Projects that are
in Table 101.10. The applicant shall submit all exempted from the requirements of the California Green
of the following to the City, in addition to other Building Standards Code as amended by the City of
application requirements, to assist the City in Cupertino shall meet the requirement in section A and at
determination compliance with the green building least one of the requirements in sections B-D:
requirements: A. Projects that demonstrate that it is not feasible for
a. Planning Application. A green building the project to fully meet the green building
checklist that includes cross-references to requirements and that the purposes of this chapter
appropriate locations in the construction will have been achieved to the maximum extent
documents for all prerequisites and selected possible shall be exempted only for the specific
points or credits that demonstrates that the rating system prerequisite that has been
proposed project meets the applicable determined to be infeasible.
minimum requirements. B. Projects that demonstrate compliance with this
b. Building Permit. code but which will conflict with the Cupertino
i. Proof of project registration with General Plan and/or Municipal Code Ordinance,
administrating body of the applicable such as those requiring historic preservation as
reference standard, and determined by the Director of Community
ii. A green building checklist that Development; or
includes cross-references to C. Projects that demonstrate compliance with this
appropriate locations in the code but which will conflict with the California
construction documents for all Building Standards Code; or
prerequisites and selected points or D. Projects with atypical energy-related design
credits; that demonstrate that the requirements and/or patterns of use that make
proposed project meets the applicable compliance with the thresholds of this code
minimum requirements, and infeasible. (Ord. 12-2099, § 1 (part), 2013)
C. Green Building Deposit.The green building
deposit in an amount that may be set from 16.58.280 Section 202-Amended.
time to time by resolution of the City
Council. The applicant may provide the Amend Section 202 to add or amend the following
deposit in the form of cash or in any other definitions:
form that the City finds acceptable to meet
2013S-39
16.58.280 Cupertino-Buildings and Construction 94F
A. "Building Envelope" means the separation 16.58.300 Section 4.304.1.1-Added.
between the interior and the exterior
environments of a building in order to provide Add Section 4.304.1.1 to read as follows:
structural integrity,moisture control,temperature
control, and air pressure control. The principal 4.304.1.1 Compliance with local water-efficient
physical components of the building envelope landscape ordinance. Residential projects must comply
include the foundation, roof, walls, and with the City of Cupertino's Landscape Ordinance,pursuant
windows. to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
B. "Decision maker" means the person or entity 12-2099, § 1 (part), 2013)
with final approval authority over the underlying
project. 16.58.310 Section 5.304.1.1-Added.
C. "Green Building Checklist" means a checklist,
typically with prerequisites and credits and/or Add Section 5.304.1.1 to read as follows:
points that is developed by the administrators of
green building certification systems and used to 5.304.1.1 Compliance with local water-efficient
determine whether a development project can landscape ordinance.Non-residential projects must comply
achieve certification. with the City of Cupertino's Landscape Ordinance,pursuant
D. "Green Point Rated (GPR)" means a residential to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
green building rating system developed by Build 12-2099, § 1 (part), 2013)
It Green. Projects can use any of the adopted
GPR checklists that most appropriately apply to
the project type proposed.
E. "Leadership in Energy and Environmental
Design (LEED)" means a green building rating
system developed by the U.S. Green Building
Council for residential and non-residential
projects. Projects can use any of the adopted
LEED checklists that most appropriately apply to
the project type proposed.
F. "Minimum Green Building Requirement"means
the minimum green building requirement that
applies to a particular project, as listed in column
2 of Table 101.10.
G. "Required Verification"means the standards that
correspond to the requirements of a particular
green building rating system and project type, as
listed in column 3 of Table 101.10, for which
verification procedures are fully set forth in
Section 102.3.
H. "Feasible"means capable of being accomplished
in a successful manner within a reasonable period
of time, taking into account economic,
environmental,social,and technological factors.
(Ord. 12-2099, § 1 (part), 2013)
16.58.290 Section 303.1.1-Amended.
Amend Section 103.1.1 to read as follows:
303.1.1 Tenant improvements.The provisions of this
code shall apply to the applicable tenant or occupant
improvements to a project. (Ord. 12-2099, § 1 (part),
2013)
2013S-39
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, 12-2099 Amends Ch. 16.58, Green Building
19.56, 19.60, 19.64, 19.68, 19.72, Standards Code (16.58)
19.76, 19.80, 19.84, 19.88, 19.92, 2100 Amends contract with PERS (Not
19.96, 19.100, 19.104, 19.108, 19.112, codified)
19.116, 19.120, 19.124, 19.128, 12-2101 Amends 13.04.130 to prohibit feeding
19.132, 19.136, 19.140, 19.144, waterfowl in City parks; amends
19.148, 19.152, 19.156, 19.160, 1.12.010 to set a penalty therefor
19.164, 19.168; repeals Title 17(2.90, (1.12, 13.04)
9.16, 14.18, 16.08, 18.04, 18.08, 13-2103 Amends 9.18.020, 9.18.210,
18.12, 18.16, 18.20, 18.24, 18.28, 9.18.260; adds 9.18.215 regarding
18.32, 18.36, 18.40, 18.44, 18.48, stormwater pollution prevention(9.18)
18.52, 18.56, 19.04, 19.08, 19.12, 13-2104 Rezoning certain land(Not codified)
19.16, 19.20, 19.24, 19.28, 19.32, 13-2105 Amends 8.03.010 and 13.04.130
19.36, 19.40, 19.44, 19.48, 19.52, regarding dogs off leash(8.03, 13.04)
19.56, 19.60, 19.64, 19.68, 19.72, 13-2106 Amends 2.04.005, date of general
19.76, 19.80, 19.84, 19.88, 19.92, municipal election(2.04)
19.96, 19.100, 19.104, 19.108, 19.112, 13-2107 Amends Ch. 14.18, protected trees
19.116, 19.120, 19.124, 19.128, (14.18)
19.132, 19.136, 19.140, 19.144, 13-2108 Amends 5.32.060, 5.32.090,
19.148, 19.152, 19.156, 19.160, 5.32.100, 5.32.190- 5.32.260,
19.164, 19.168) 5.32.280- 5.32.330 regarding bingo
2086 Amending the zoning map(Not (5.32)
codified) 13-2109 Amends 14.04.170 and 18.32.390
2087 Amending the Heart of the City Specific regarding acceptance of public
Plan(Not codified) improvements (14.04, 18.32)
13-2111 Amends 14.12.120 regarding condition
for development or building permit
(14.12)
2013S-39
15 Index
GENERAL PLAN HAZARDOUS MATERIALS STORAGE
See LAND DEVELOPMENT PLANNING See also FIRE CODE
TOXIC GASES
GOAT Compliance time table 9.12.141
See ANIMAL Conflict with other laws 9.12.133
Containment 9.12.030
GRADING Definitions 9.12.013
See EXCAVATION Duties discretionary 9.12.132
Effective date 9.12.140
GRAFFITI Emergency equipment 9.12.038
Abatement Emergency procedures
generally 10.60.050 See also Emergency response plan
procedure 10.60.060 posting 9.12.039
stayed during prosecution 10.60.070 Emergency response plan
Definitions 10.60.030 See also Emergency procedures
Nuisance declared 10.60.020 hazardous materials defined 9.12.043
Prohibited 10.60.040 required, requirements 9.12.043
Purpose of provisions 10.60.010 Exclusions 9.12.021
Remedies cumulative 10.60.080 Existing storage facility requirements 9.12.032
Violation, penalty 10.60.090 Fences, locks required 9.12.037
Guidelines 9.12.131
GREEN BUILDING STANDARDS CODE Handling 9.12.036
Adoption of appendix chapters 16.58.015 Hazardous materials management plan
Code adoption 16.58.010 required 9.12.040
Local amendments 16.58.040 short form 9.12.042
Section 101.1-Amended 16.58.050 standard form 9.12.041
Section 101.3-Amended 16.58.070 Hearing
Section 101.10-Amended 16.58.100 notices 9.12.111
Section 101.10.1-Added 16.58.110 rules 9.12.110
Section 101.10.1.1-Added 16.58.120 Inspection
Section 101.10.1.1.1-Added 16.58.130 by city 9.12.070
Section 101.10.1.1.2-Added 16.58.140 by permittee 9.12.071
Section 101.10.1.1.3-Added 16.58.150 special 9.12.072
Section 101.10.1.1.4-Added 16.58.160 substituted 9.12.073
Section 101.10.1.1.5-Added 16.58.170 Inventory statement
Section 101.10.1.1.6-Added 16.58.180 information required 9.12.051
Section 101.10.1.1.7-Added 16.58.190 public record 9.12.053
Section 101.10.1.1.8-Added 16.58.200 required 9.12.050
Section 101.10.1.1.9-Added 16.58.210 Liability disclaimer 9.12.130
Section 101.10.2-Added 16.58.230 Maintenance, repair, replacement of facilities
Section 102.3-Amended 16.58.240 9.12.035
Section 102.3.1-Added 16.58.260 New storage facility requirements 9.12.031
Section 202-Amended 16.58.280 Out-of-service storage facility requirements
Section 303.1.1-Amended 16.58.290 9.12.033
Section 4.304.1.1-Amended 16.58.300 Permit
Section 5.304.1.1-Added 16.58.3 10 additional approvals 9.12.085
Table 101.10-Added 16.58.220 appeal
disposition 9.12.095
GUN hearing 9.12.094
See FIREARM time limit 9.12.093
application 9.12.081
--H-- approval 9.12.083
denial
HANDBILLING authority 9.12.090
See ADVERTISING
2013S-39
Cupertino-Index 16
decision transmittal 9.12.092 requirements
grounds 9.12.091 closure plan 9.20.180
determination 9.12.088 emergency plan 9.20.170
effective date,.term 9.12.086 generally 9.20.140
fees 9.12.089 health, safety assessment 9.20.150
investigation 9.12.082 hearing notification list 9.20.210
issuance 9.12.084 monitoring plan 9.20.190
renewal 9.12.087 risk assessment 9.20.160
required 9.12.012, 9.12.080 siting criteria, proof of compliance
Professional assistance for city determinations 9.20.200
9.12.014 Definitions 9.20.030
Purpose of provisions 9.12.010 Dispute resolution 9.20.260
Records maintenance 9.12.074 Hearing
Regulated materials designated 9.12.020 See also Land use application
Remedial action notice 9.20.280
authority after permit suspension, revocation, Land use application
expiration 9.12.106 appeal 9.20.130
decision transmittal 9.12.105 decision 9.20.120
designated 9.12.104 environmental assessment 9.20.100
grounds 9.12.100 hearing 9.20.110
hearing local assessment committee review 9.20.090
notice 9.12.102 required, fees 9.20.080
permit suspension prior to 9.12.103 Local assessment committee
noncompliance notice 9.12.101 appointment 9.20.230
return of permit 9.12.107 funding by applicant 9.20.250
Safety, car generally 9.12.011 powers, duties 9.20.240
Unauthorized discharge termination 9.20.270
cleanup 9.12.061 Permit use 9.20.300
indemnification 9.12.062 Purpose of provisions 9.20.010
reporting 9.12.060 Violation, penalty 9.20.310
Underground tank 9.12.022
Violation HEALTH OFFICER
civil action for retaliation 9.12.122 Bingo license applicant investigation 5.32.220
civil penalty 9.12.121 Restaurant
criminal penalty 9.12.120 food, unwholesome, destruction authority
remedies not exclusive 9.12.123 9.04.100
permit
HAZARDOUS WASTE FACILITY denial 9.04.050
Applicability of provisions 9.20.020 inspection, issuance 9.04.030
Application rules, regulations adoption 9.04.080
compliance requirements 9.20.290 Sewer provisions enforcement 15.20.080
consistency requirements
general plan 9.20.060 HEATING, COOLING CODE
overall continuity 9.20.220 See MECHANICAL CODE
generally 9.20.040
hearing 9.20.070 HISTORIC BUILDING
land use Seismic safety
See Land use application See UNREINFORCED MASONRY
notice on intent 9.20.050 BUILDINGS
HOME OCCUPATION
Business license
See also BUSINESS LICENSE
fee 5.04.380
2013S-39
16A Index
HORSE
See ANIMAL
HOTEL
Business license tax rate 5.04.390
HOUSING ADVISORY, APPEALS BOARD
Created, appointment, powers, duties generally
16.56.020
HOUSING CODE
Adopted 16.56.010
Appeals 16.56.020
Violation, penalty 16.56.030
2013S-39