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2013 S-40 Supplement
l� CUPERTINO, CALIFORNIA Instruction Sheet 2013 S-40 Supplement REMOVE OLD,.PAGES INSERT NEW PAGES Title Page Title Page TITLE 9: HEALTH AND SANITATION 1, 2 1, 2, 34C, 34D TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 1, 2 1, 2 .19 through 22 19 through 22D TITLE.19: ZONING 109 through 114 109 through 114 117 through 126 117 through. 126 Comprehensive.Ordinance List I 5, 6 5, 6 11, 12 11, 12 19, 20 19, 20 37, 38 37, 38 41, 42 41, 42 Index 5, 6 5, 6 11, 12 11, 12 17, 18 17, 18 21, 22 21, 22. 24A through 28 24A through 28 1 kgw (9/13) 0 0 n CITY OF CUPERT'INO, CALIFORNIA MUNICIPAL CODE 2013 S-40 Supplement contains: Local legislation current through Ordinance 13-2111, passed 6-4-13 0 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 O COPYRIGHT©2013 AMERICAN LEGAL PUBLISHING CORPORATION 0 0 C TITLE 9: HEALTH AND SANITATION Chapter 9.04 Restaurants.and Food Establishments l 9.06 Massage Esiablishmentseand Services 9:08 Weed Abatement. 9.12 Hazardous Materials Storage 9.16 Recycling Areas 9.17 Regulation of Single-Use Carryout Bags 9:18 Stormwater Pollution Prevention and Watershed Protection 9.19 Water Resource Protection 9:20 Off-Site Hai;ardous Waste Facilities 9.22 Property Maintenance 2013!S-40 Cupertino -Health and Sanitation 2 • U (( 9.17.100 CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS Section 9.17.100 Findings and purpose-. D. "Nonprofit charitable reuser" means a charitable 9.17.110 Definitions. organization, as defined in Section 501(c)(3)of the Internal 9.17.120 Implementation date. Revenue Code of 1986, or a distinct operating unit or 9.17.130 Single-use carryout bag. division of the charitable organization, that reuses and 9.17.140 Exemptions. recycles donated goods or materials and receives more than 9.17.150 Administrative citation and fine. fifty percent of its revenues from the handling and sale of 9.17.160 Severability. those donated goods or materials. E. "Person" means any natural person, firm, corporation, partnership, or other organization or group 9.17.100 Findings and Purpose. however organized. The City Council finds and determines that: F. "Prepared food"means foods or beverages which. (a) The use of single-use carryout bags by consumers are prepared on the premises by cooking,chopping, sliding, at retail establishments is detrimental to the environment, mixing,freezing,or squeezing,and which require no further public health and welfare. preparation to be consumed. "Prepared food" does not (b) The manufacture and distribution of single-use include any raw, uncooked meat product or fruits or carryout bags requires utilization of natural resources and vegetables which are chopped, squeezed, or mixed. results in the generation of greenhouse gas emissions. G. "Public eating establishment"means a restaurant, (c) Single-use carryout bags contribute to take-out food establishment, or any other business that environmental problems, including litter in stormdrains, receives ninety percent or more of its revenue from the sale creeks, the bay and the ocean. of prepared food to be eaten on or off its premises. (d) Single-use carryout bags provided by retail H. "Recycled paper bag" means a paper bag establishments impose unseen costs on consumers, local provided at the check'stand, cash register, point of sale, or governments, the state and taxpayers and constitute a public other point of departure for the purpose of transporting food nuisance. or merchandise out of the establishment that contains no old The City Council finds and declares that it should growth fiber and a minimum of forty percent post-consumer restrict the free distribution of single-use carryout bags. recycled content and is one hundred percent recyclable. (Ord. 13-2102, § 1 (part), 2013) 1. "Retail establishment" means any commercial establishment that sells perishable'or nonperishable goods 9.17.110 Definitions. including, but not limited to, clothing, food, and personal A. "Customer" means any person obtaining goods items directly to the customer;and is located within or doing from a retail establishment. business within the City of Cupertino. "Retail establishment" B. "Garment bag" means a travel bag made of does not include public eating establishments or nonprofit pliable, durable material with or without a handle, designed charitable reusers. to hang straight or fold double and used to carry suits, J. "Reusable bag" means either a bag made of cloth dresses, coats, or the like without crushing or wrinkling the or other machine washable fabric that has handles, or a same. durable plastic bag with handles that is at least 2.25 mils C. "Garment cover"means a protective textile cover thick and is specifically designed and manufactured for with or without a handle, made of plastic, paper, or other multiple reuse. material and used as a protective covering for clothing, K. ".Single-use carryout bag"means a bag other than draperies, or similar textiles after the professional cleaning, a reusable bag provided at the check stand, cash register, alteration, or repair of such items. point of sale or other point of departure, including 34C 2013 5-40 • 9.17.110 Cupertino- Health and Sanitation 34D departments within a store, for the purpose of transporting 1. A plastic or paper carryout bag with or without food or merchandise out of the establishment. "Single-use handles is provided by a public eating establishment to carryout bags"do not include bags without handles provided transport prepared food; to the customer: (1) to transport prepared food, produce, 2. A plastic or paper bag with or without handles is bulk food or meat from a department within a store to the provided by a nonprofit charitable reuser; point of sale; (2) to hold prescription medication dispensed 3. A.plastic or paper bag without handles is provided from a pharmacy; or (3) to segregate food or merchandise to transport prepared food, produce, bulk food, or meat that could damage or contaminate other food or merchandise from a department within a store to the point of sale; when placed together in a reusable bag or recycled paper 4. A plastic or paper bag.without handles is provided bag. (Ord. 13-2102, § I (part), 2013) to hold prescription medication dispensed from a pharmacy; 5. A plastic or paper bag without handles is used to 9.17.120 Implementation Date. segregate food or merchandise that could damage or This Chapter shall be implemented as of October I, contaminate other food or merchandise when placed together 2013. (Ord. 13-2102, § 1 (part), 2013) in a reusable bag or recycled bag; 6. A garment bag or garment cover used to protect 9.17.130 Single-Use Carryout.Bag. and transport clothing or other textiles. (Ord. 13-2102, § I A, No person or retail establishment-shall provide a (part), 2013) single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure for 9.17.150 Administrative Citation and Fine. the,purposeof transporting food or merchandise out of the (a) Grounds for an administrative citation. An establishment except as provided in this section or in section administrative citation may be issued upon findings made by 9.17.140. the City Manager, or his or her designee, when any person B. Effective October 1, 2013 a retail establishment or retail establishment has provided a single-use carryout may only make recycled paper bags available to customers bag to a customer or violated any other provision of this if the retailer charges a minimum of ten cents. Reusable Chapter. bags may be given by retailer without charge. (b) Administrative citation fine amounts. Upon C. Effective January 1, 2015 a retail establishment. findings made under subsection(a), the retail establishment CI may only make recycled paper bags or reusable bags shall be subject to an administrative citation pursuant to available to customers if the retailer charges a minimum of Chapter 1.10 of this Code. Fines for the administrative twenty-five cents. citation are as follows: D. Notwithstanding this section, no retail (1) First citation: One hundred dollars ($I00.00) establishment may make available for sale a recycled paper (2) Second citation for the same violation within the bag unless the amount of-the sale of such bag is separately same twelve month period: Two hundred dollars($200.00) itemized on the-sale receipt. (3) Third or.any subsequent citation for the same E. A retail establishment may provide one or more violation within the same twelve month period: Five hundred recycled paper bags at no cost to any of the following dollars ($500.00) individuals: a customer participating in the California (4) Each day that any person or retail establishment Special Supplement Food Program for Women, Infants, and violates the provisions of this Chapter a new and separate Children pursuant to Article 2 (commencing with Section violation occurs. 123275)of Chapter 1 of Part 2 of Division 106 of the Health (c) Administrative citation appeals and disposition and Safety Code; a customer participating in the shall be processed in accordance,with Chapter 1.10 of this Supplemental Food Program pursuant to Chapter 10 Code. (Ord. 13-2102, § 1 (part), 2013) (commencing with Section 15500)of Part 3 of Division 9 of the California Welfare and Institutions Code;and a customer 9.17.160 Severability. participating in Calfresh pursuant to Chapter 10 If any section, subsection, subdivision, sentence, (commencing with Section 18900)of Part 6 of Division 9 of clause, or phrase of this Chapter is for any reason held to be the California Welfare and Institutions Code. (Ord. unconstitutional or otherwise void or invalid, by any court 13-2102, § I (part), 2013) of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. (Ord. 9.17.140 Exemptions. 13-2102, § 1 (part), 2013) The provisions of this Chapter shall not apply in the following circumstances where: 2013 5-40 C TITLE 14: STREETS,;SIDEWALKS;AND LANDSCAPING Chapter 14.04 Street Improvements 1.4.05 Park Maintenance Fee ( 14.08 Encroachments and Use of City Rights-of-Way v 14.12 Trees 14.15 Landscaping Ordinance 14.18 Protected Trees 14/0 Underground Utilities-Conversions 14.24 Underground Utilities-New Developments 2013 S-40 1 Cupertino -Streets, Sidewalksand"Landscaping 2 U U 14.08.010 CHAPTER 14.08: ENCROACHMENTS AND USE OF CITY RIGHTS-OF-WAY* Section 14.08.010 Definitions. 14.08.010 Definitions. 14.08.020 Encroachment permit required. The words and terms used in this chapter shall have 14.08.030 Exceptions to permit requirement. the following meanings unless the context clearly indicates 14.08.040 Pavement preservation. otherwise: 14.08.050 Permit application process. A. "Abandon" or "abandoned facilities" means 14.08,060 Fees. facilities not used to provide service for a period of one .14.08.070 Security required. hundred eighty (180)days, or if the authorization to enter 14.08.080 Permittee to indemnify city. the right-of-way held by Permittee is revoked, terminated 14.08.090 Permit approval and issuance. or abandoned. 14.08.100 Notices, term of permit. B. "Arterial Street" - Any street classified as .14.08.110 Permit valid for described and Arterial per the Circulation Element of the City's General approved work or use only. Plan. 14.08.120 Display of permit. C. "Applicable law" means all lawfully enacted 14.08.130 Construction requirements. and applicable federal, State, and local laws, ordinances, 14.08.140 Extending permit. codes, rules, regulations and orders as may be amended or 14.08.150 Release or revision of bonds and adopted from time to time. cash deposits. • D. "Business day" means a day on which the main 14.08.160 Ongoing use of right-of-way. operations,of..the City of Cupertino are open'for business 14.08.170 Damage to existing facilities from and does not mean any day on which only specialized encroachments. functions are in operation, such as divisions of the City or 14.08.180 Adherence to rules,and regulations. its agents that operate on a 24/7 schedule. 14.08.190 Transfer of permits. E. "City"means the City of Cupertino,California. 14.08.200 Emergency encroachments. Any act that may be taken by the City,the City Council or 14.08.210 Abandonment or removal of any agency, department, agent or other entity now or facilities from right-of-way. hereafter,authorized to act on the City's behalf. 14.08.220 Obstructions deemed public F. "City Council"means the governing body of the nuisance. City of Cupertino, California. 14.08.230 Penalties. G. "City Engineer"means the City Engineer or his 14.08.240 Appeals. or her designee. H. "City Manager"means the City Manager or any * For statutory provisions regarding the person authorized or designated by the City Manager to authority of the city council to prohibit and act on his or her behalf. prevent encroachments upon or obstruction in I. "Collector Street"means any street classified as or to any sidewalks or streets, see Gov. Code a Minor Collector or Major Collector per the Circulation § 38775. Element of the City's General Plan. 1. "Construct ion," "operation,""maintenance"or "repair" and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, repair, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, 2013 S-40 19 14:08.010 Cupertino.-Streets,,Sidewalks and Landscaping 20 excavation and tree trimming. The:term "operation" does T. "Landscape"means any tree,hedge,shrub,,grass, Li notencompass or regulate the provision of services or the groundcover, plant, or growing;thing:excluding City Street ownership or use' of facilities in rights-of-way or other Trees as defined by Section 14.12.020. property subject to the jurisdiction,of the:Ciiy,butrefers'to U. "Material change" means any variation from activities affecting-.rights-of-way.and other propertysubject approved plan other than horizontal changes of one foot or to'the'jurisdiction of the City. less.. K. "Days" means calendar days, unless otherwise V. "Minor, Encroachment" means a traffic lane indicated. closure or physical improvements located within sideivalleor L. "Emergency" means an immediate hazard or landscape,adjacent to,a residential street. danger to life, health or property as reasonably'determined W. "Minor Street Cut" means an asphalt cut on a by a Utility.. residential`street which total area does,not exceed 30;square M. "Emergency encroachment" means an feet. encroachment necessitated by the public good,safety,.health X. "Major Encroachment" means a traffic lane or welfare by. a person with 'facilities located in the closure orphysicalimprovements..located within sidewalk or right-of-way. landscape adjacent to'a Collector or Arterial street. N. "Emergency street cut" means any street cut by Y. "Major Street. Cut" means an asphalt cut on a a Utility to repair a facility within the right-of-way to residential street with total area in excess of 30 square feet remediate an immediate•hazard or danger to life, health or or an asphalt cut of any size on-a Collector or Arterial property, as determined at the discretion of the City street. Engineer. Z. "Permittee".means any person seeking and/or that O. "Encroach" or "encroachment" includes going has obtained an encroachment permit pursuant to this upon, over-orunder a right-of-way, or thing a.right-of-way chapter. or,an area adjacent to.a right-of-way in.such a,mannenas to Aa. "Utility" means an entity constituting a public prevent, obstruct or interfere with the intended or normal utility under State law. use of that way, or a modification of its mode of use Ab. "Right of-way" means the surface, the air space including but not limited to above the surface and the area below the surface of any 1. Excavation or disturbance; public street, highway, lane, path; alley, sidewalk, Li 2. Erection,construction,placement or maintenance, boulevard, drive, bridge,tunnel;park,park strip,parkway, of any facility; waterway, easement, or similar property in which the City, 3. Planting or maintaining any landscaping or now,or hereafter holds any property interest. hardscape; Ac. "Waste material"means anyrubbish',brush,earth A. Placement or maintenance of any waste material, or other material of any nature which is unused, unwanted,. except the, placement of solid waste or recyclables in discarded or to be recycled. '(Ord. 13-21.10, '§ 1' (part), authorized receptacles for pick-up in accordance with 2013) Chapter 6:24. P. "Encroachment permit" means a permit issued 14:08:020 Encroachment Permit Required. pursuant to°and:in conformance with this chapter. A. Except as otherwise provided,in Chapter, it Q. "Facility" or "Facilities" means any post, sign, is unlawful.for-any person to encroach or make or cause to pole, fence,guard rail,wall, pathway,sidewalk,driveway, be made any encroachment without first obtaining an track, surfacing, culvert, drainage facility, pipe, encroachment permit from the City Engineer. appurtenances, conduit,cable,utility cabinet,embankment, B. No use of anyright-of-way or any other interest excavation, public improvements, or similar property or property pursuant to ttis.chapter shall create or vest in a constructed or placed-in the'right-of-way. Permittee any ownership or other interest in the R. "Fence" means an obstruction of whatever right-of-way, streets or other property or interest of'the material or composition which is designed, intended or used. City.Permits issued in accordance with this chapter,may be to protect, defend or obscure the interior property of the revoked at any time deemed necessary by the City Engineer. owner thereof from the view, trespass Or,passage of others (Ord. 13-2110, §.1 ,(part), 2013) upon the property. S. "Hardscape;`means-any constructed flatwork built 14.08''.030 Exceptions to Permit Requirement. of concrete, stone, wood, or other such non-pervious or No Encroachment permit shall be required for any of pervious durable material. the:following: 1. Any sign erected, constructed-and maintained in compliance with Chapter 19.104.100; or ‘ adj 2013`5"40 21 Encroachments and Use of City Rights-of-Way 14.08.030 2. The action of any officer or employee of the City 14.08.070 Security Required. engaged in the discharge of official duties; or A. The City Engineer may require security in a 3. Installation and maintenance of landscape adjacent reasonable amount based on the project size and/or scope, to residential properties in accordance with section as reasonably determined by the City Engineer, sufficient to 14.12.080 and maintained in accordance with 14.08.220; reimburse the City for costs of restoring the right-of-way. 4. Utility maintenance or operation activities that do Any bond amount will be based on an estimate provided by not require excavations or installation of new equipment. If the Permittee and approved by the City Engineer. Required the maintenance or operations work is on a Collector or security may include encroachment bonds, faithful Arterial street and limits vehicular or pedestrian travel, performance bonds, labor and material bonds, cash, Utility shall notify the City prior to commencement of work certificate of deposit, letter of credit or other security and a traffic control plan may be required. (Ord. 13-2110, deemed acceptable by the City Engineer. § 1 (part), 2013) B. At anytime the City Engineer determines that the amount of the security is insufficient to cover potential costs 14.08.040 Pavement Preservation. or damages which might result from the project, the City Any street that has been constructed, reconstructed, Engineer may require the Permittee to post an additional resurfaced or resealed shall not thereafter be cut or opened bond or cash deposit,or combination thereof, as a condition for a period of 3 years, except for emergency street cuts. of continuing work on the project. The City Engineer shall also grant exemptions under C. Security deposits shall not be required of any the following circumstances: public agency or Utility company which is authorized by law 1. Relocation work that is mandated by a county, to establish or maintain any works or facilities in, under or State or federal agency. over any public street or right-of-way. (Ord. 13-2110, § 1 2. Service for buildings or parcels where no other (part), 2013) reasonable means of providing service exists, as determine by the City Engineer. 14.08.080 Permittee to Indemnify-City. 3. Other situations deemed by the City Engineer to The Permittee shall be liable for, and indemnify and be in the best interest of the general public. hold the City harmless from, all harm, injuries, or damages When granting exceptions to this regulation, the City (including attorney's fees), including but not limited to Engineer may impose conditions determined appropriate to damage to persons or property, which occur in connection insure the rapid and complete restoration of the street and with or resulting from the ongoing use of the right-of-way. the surface paving. (Ord. 13-2110, § 1 (part), 2013) The Permittee's liability under this section shall not apply to any harm, injuries or damages resulting from the City's 14.08.050 Permit Application Process. negligence, willful misconduct or criminal acts as adjudged All persons desiring or intending to obtain an by a court of competent jurisdiction. Prior to issuance of the encroachment permit must apply with the Public Works permit, the Permittee shall furnish to the City evidence of Department by submitting a completed application signed by insurance coverage and endorsements (including self the applicant.The City Engineer shall prescribe and provide insurance, if applicable) as designated by the City for the an application form for the permit required by this liability assumed by the Permittee. The City shall provide ordinance. (Ord. 13-2110, § 1 (part),2013) reasonable notice to the Permittee upon receipt of any claim of loss,action or demand and cooperate with the Permittee's 14.08.060 Fees. defense against such claim, including providing reasonable A. The City Council shall establish a schedule of fees access to information, evidence, and witnesses necessary to for encroachments by resolution. defend against such claim. The Permittee does not waive its 13. Unless waived in writing by the City Engineer, right to pursue any or all available legal remedies to fees will be required of any public agency which is challenge the validity or legality of any applicable federal, authorized by law to establish or maintain any works or State or local law by its work under this chapter. (Ord. facilities in,under or over any public street or right-of-way. 13-2110, § 1 (part), 2013) C. Independent contractors or Utilities under direct contract with the City, for work in benefit of the City are 14.08.090 Permit Approval and Issuance. exempt from fees under this provision when working in Within 7 days of receipt of an encroachment permit benefit of the City and performing duties in the public application, the City Engineer will make,reasonable effort right-of-way in accordance with the terms of the contract. to either, deem the application complete in compliance with (Ord. 13-2110, § I (part), 2013) all requirements of this chapter and any other applicable 1- .• 2013 S-40 14.08.090 Cupertino-Streets, Sidewalks and Landscaping 22 law, or notify the applicant of deficiencies. Once the 14.08.120 Display of Permit. application is deemed complete, the encroachment permit A. A copy of any permit issued pursuant to this shall either be denied, or approved and issued within 21 chapter shall be kept at the site of any construction work days. Permits may include any conditions the City Engineer pertaining to the encroachment and shall be shown to any deems reasonably necessary to protect the public interest, authorized representative of the City on demand. safety and welfare. (Ord. 13-2110, § 1 (part), 2013) B. A permit issued for continuing use or maintenance of an encroachment involving the residence or 14.08.100 Notices, Term of Permit. place of business of the Permittee may be kept at the A. Commencement of work or use. The Permittee residence or place of business and shall be made available to shall begin the work or use authorized by a.permit issued an authorized representative of the City within 24 hours. pursuant to this chapter within ninety (90) calendar days (Ord. 13-2110, § 1 (part), 2013) from date of issuance, unless a different time period instated in the permit. If the work or use is not commenced in a 14.08.130 Construction Requirements. timely fashion, then the permit shall become void, unless an The Permittee shall comply with all construction extension of time to commence work has been granted by requirements established by the City Engineer,including but the City Engineer. not limited to the requirements set forth in this section. B. Notices. The Permittee may be required to A. Standards of construction. All work performed provide notice of installation of any facilities to property under the permit shall conform to applicable law and owners within 300 feet of the encroachment as directed by recognized standards of construction that do not conflict the City Engineer and/or the Director of Community with California Public Utility Commission (CPUC) Development. Standards, including but not limited to the current City C. Schedule of work. The Permittee shall notify the Standards relating to street improvements and any special City Engineer at least two full business days prior to start of provisions relating thereto, except those standards which any work, except for work performed in connection with an may conflict with those specifically required by the CPUC Emergency. Should the work stop for more than two full or State or City franchise agreements. consecutive City working days, the Permittee shall again B. Underground Service Alert (U.S.A.). Prior to notify the City Engineer as noted above prior to restarting commencement of any excavation, the Permittee shall call the work. The work must be diligently prosecuted to its U.S.A. for field marking of existing underground utilities in completion and shall be performed in such a manner as to accordance with applicable rules. cause minimum inconvenience and hazard to the public to C. Inspection and approval. All work shall be the extent reasonably possible as determined by the City subject to monitoring, inspection, and approval by the City Engineer. Engineer. D. Acceptance of work or use. The Permittee shall D. Protection of traffic. The Permittee shall place notify the City Engineer when work or use is complete.The and maintain adequate signs,barricades,warning lights,and City Engineer shall .accept the work or use as completed other safeguards necessary to protect the public, and shall only after the Permittee has fulfilled all obligations under maintain safe crossings for pedestrian and vehicular traffic this chapter and the provisions of the permit,cleaned the site during the entire course of the work. Warning signs, lights of all debris and left the site in a neat and workmanlike and safety devices shall conform to the requirements of the condition. The City Engineer shall indicate acceptance by current State of California Manual of Uniform Traffic endorsing the permit in the space provided. (Ord. 13-2110, Control Devices. § 1 (part), 2013) E. Repairs. Each Permittee shall be responsible for restoring to its former condition as nearly as may be possible 14.08.110 Permit Valid for Described and any portion of the right-of-way which has been excavated or Approved Work or Use Only. Otherwise disturbed or damaged by the Permittee. If the The permit issued shall not be valid for any work or right-of-way is not restored as provided herein, the City use other than that described in the permit and as shown on shall notify the Permittee of deficiencies. If the Permittee the approved plans. No Material changes to the location, fails to respond within 5 business days of the date of size, or type of encroachment shall be allowed except upon notification or and the City engineer deems said deficiencies authorization of the City Engineer. (Ord. 13-2110, § 1 a public hazard, the City may make the repairs, and the (part), 2013) Permittee, shall bear the cost thereof. The Permittee is responsible for maintaining the work area at its sole cost and i 1 I 2013 S-40 22A Encroachments and Use of City Rights-of-Way 14.08.130 expense until the City accepts the work covered by the C. Requirements for utility distribution facilities. permit. Each Permittee shall repair and correct any and all Owners of public or private Utility distribution facilities defects and deficiencies due to workmanship or materials in placed in the right-of-way shall comply with the following: connection with the permit. 1. No interference with existing uses. Should the F. As-Built Plans. When construction is complete, City permit facility installations (not including any Permittee shall provide a set of As-Built construction City-owned installations)where there are existing facilities, drawings at the request of the City Engineer. (Ord. the Permittee shall work around existing facilities. Should it 13=2110, § 1 (part), 2013) prove impractical to work around existing, facilities, requiring the relocation of any existing facilities, and if the 14.08.140 Extending Permit. owner of said existing facilities agrees to relocate them, the The City Engineer shall grant the Permittee a time owner shall promptlyrelocate,its facilities. The reasonable extension to a permit subject to compliance with the cost of relocating existing facilities shall be borne solely by requirements of this chapter, provided there are no Material the Permittee. However, if at least one of the following changes to the original approved construction plans since the applies, the owner shall promptly relocate its facilities at no initial issuance of the permit. The Permittee shall request a cost to the Permittee: time extension to a permit before the permit's expiration a. Existing facilities were not properly installed; date. (Ord. 13-2110, § 1 (part), 2013) b. Facilities installed unlawfully; c. Federal, State, or local law requires relocation. 14.08.150 Release or Revision of Bonds and Cash 2. Franchises and authorizations. The Permittee Deposits. shall obtain franchises, other authorizations and/or Any bond or cash deposit submitted pursuant to this agreements, if reasonably required by the City and chapter shall be released only upon completion of all work applicable law, and shall comply with the provisions of any and conditions set forth in the permit deemed satisfactory by such franchise or other authorization, providing proof of the City Engineer. (Ord. 13-2110, § I (part), 2013) satisfaction of any condition thereof. 3. Maintenance of facilities. Facilities owned by 14.08.160 Ongoing Use of Right-of-Way. Permittee installed pursuant to this chapter shall at all times In addition to complying with all relevant requirements be maintained in accordance with the requirements of all for obtaining a permit contained herein, a person owning applicable laws, franchises and authorizations. The facilities in, seeking to install facilities in, or using Permittee shall maintain its facilities in good repair and in a right-of-way shall comply with all requirements of this safe condition to the reasonable satisfaction of the. City section except where governed by other regulatory agencies. Engineer, or applicable regulating agency. A. Encroachments at no expense to City. The 4. Identification of facilities. The Permittee shall design, construction, installation, operation, maintenance, identify any facilities installed in the right-of-way in relocation, and removal of the Permittee's facilities shall be accordance with the requirements of applicable law or by at no expense to the City and shall be subject to the means of an identification method as directed by the City reasonable approval of the City Engineer to preserve the. Engineer. Such identification shall be detectable from integrity and effective,use of the public rights-of-way and to ground level without opening the street, The Permittee shall protect the public health, safety and welfare. provide the City a telephone contact number, staffed B. Relocation or removal of encroachment. The twenty-four (24) hours per day, seven days per week, to Permittee shall remove or relocate any installation owned by enable the City to report any concerns regarding the Permittee that is in conflict vertically and/or horizontally facilities, including, but not limited to, the removal of any with any City installation that is a proper governmental use graffiti/vandalism. In the event that the City reports such of the right-of-way and as subject to any franchise concerns to the Permittee, and where such concerns are not agreement. If the Permittee does not complete removal or in conflict with applicable laws and regulations, the relocation within a reasonable period of not less than 90 Permittee shall within seventy-two (72) hours, unless days.as required by the City Engineer, the City shall have weather or emergencies prohibit timely action, respond to facilities removed at the Permittee's expense. Before such call and perform the required repair or correct any proceeding with relocation work, the Permittee shall obtain adverse impact to the City's or third party's use or appropriate permits and approvals and shall restore the area operations caused by the Permittee's facilities in the vacated to an acceptable condition as reasonably determined right-of-way at no cost to the City. by the City Engineer. 2013 S-40 • 14.08.160 Cupertino -Streets, Sidewalks and Landscaping 22B 5. Compliance with applicable laws. The Permittee j. Shall be set back a minimum of eight feet,from shall comply with all applicable federal,State,or local laws, any fire escape and/or fire exit except as approved by the rules and regulations for clearances and siting standards, City Engineer; including but not limited to City noise ordinances;and City k. Shall not be placed on the property of, or Standards relating to street improvements: Design Criteria, immediately adjacent to, any designated local, State or Standard Specifications, and Standard Details. national-register historical landmark or structure; 6. Requirements for above-ground or surface- I. Shall not violate any City Code or policy related mounted facilities. Above-ground or surface-mounted to City-owned trees or heritage trees, including but not facilities placed pursuant to this chapter shall, where limited to the provisions related to alteration, removal, or reasonably feasible, be placed in a location approved by the trenching affecting any City-owned tree; City Engineer and be consistent with the following m.. Shall be screened by landscaping where guidelines: appropriate for the location. Where landscaping is required, a. Consistent with California Public Utility Permittee shall be fully responsible for all costs associated Commission requirements. with removal and disposal of existing plant material, b. Shall be no larger than is reasonably necessary to including replanting, modifications or repair of all irrigation contain and protect the required facilities. In the event any disturbed as a result of installing, using, operating, and above-ground or surface-mounted facility exceeds maintaining the facility. Replacement irrigation shall be in seventy-two(72)inches high, fifty-nine(59)inches wide and the same quantity, quality and of comparable size to those twenty-seven (27) inches deep, an environmental review removed. under CEQA and any other applicable laws must occur prior n. Shall be painted or coated to blend in with the to permit issuance; surrounding environment; graffiti-proof coating that also c. Shall not obstruct pedestrians and shall comply blends shall be used if feasible; with the Americans with Disabilities Act and access-related D. Attachments to bridges and overpasses may be regulat ions,including maintaining pedestrian clearance(free permitted with, approval by the City Engineer and other of all obstacles for a clear path of travel, unobstructed regulating agencies. pedestrian walkway) except during erection, construction, E. Utility main locations are subject to the approval placement and maintenance; of the City Engineer. d. Shall be set back a minimum of two feet from the F. A Permittee shall furnish to the City detailed face of the curb or less as approved by the City Engineer; maps-and record drawings depicting all of the Permittee's e. Shall not intrude into the vehicle visibility facilities in specified portions of the right-of-way within the obstruction area at street corners or create vehicle driveway limits of any excavation by the City—such maps and obstructions; drawings to be provided free of charge within twenty (20) f. Shall not be placed at street intersection corners calendar days of any request. The detailed maps and record or at the end of T-intersections reserved for traffic signal drawings shall show the approximate location, size, facilities except as approved by the City Engineer; description, and nature of all of Permittee's facilities. The g. Shall not obstruct pedestrian, technician, or drawings and maps should not be relied upon to determine vehicle view of any traffic sign or signal; the exact location of any underground facilities. To ensure h. Shall be placed with a minimum horizontal a safe excavation, anyone desiring to excavate near the clearance of eight feet from any sanitary sewer or storm facilities-must call U.S.A. prior to the start of excavation to drain facility, except where an existing cabinet is already allow for field marking.of existing underground utilities. closer than eight feet to a sanitary sewer or storm drain line, G. A Permittee shall pothole its subsurface facilities a new cabinet of the same type may be placed-adjacent to the within fifteen (15) days of receipt of a written request from existing-cabinet with a minimum horizontal clearance of five the City to do so,unless the Permittee can certify within one feet from the sanitary sewer or storm drain line; foot the location and depth of its facilities where potholing i. Shall be set back a-minimum of five feet from any is requested. The City shall in no event pay any pothole City utility facility, traffic signal facility, driveway, curb expenses. ramp, or bluezone parking space, or a minimum of three H. A Permittee shall, at its sole expense, maintain and one-half feet from any other entity's above-ground or membership in Underground Service Alert (U.S.A.) and surface-mounted structure not otherwise specified herein, shall field mark, at its expense, the location of its facilities including but not limited to street poles,parking meters,and upon notification in accordance with State law,including but public art; not limited to Government Code Section 4216 and following, as it now reads or may hereinafter be amended. SLI 2013 S-40 22C Encroachments and Use of City Rights-of-Way 14.08.160 I. A Permittee shall inform the City in writing of for an encroachment permit on behalf of the Permittee any material change in contact information. Such written without causing a transfer of permit. (Ord. 13-2110, § 1 notice shall be provided to the City Engineer within sixty (part), 2013) (60)days of the change. (Ord. 13-2110, § 1 (part), 2013) 14.08.200 Emergency Encroachments. 14.08.170 Damage,to Existing Facilities from This ordinance does not prevent a person from Encroachments. performing emergency maintenance to repair a broken or A. The Permittee is responsible for any damage to defective pipe, facility or conduit lawfully on or under a private property and City facilities, including but not limited public right-of-way or excavating by a Utility as may be to pavement, cult and gutters, sidewalk, landscaping, and necessary for the preservation of life and property when an utilities, occurring as a result of or in any way related to urgent necessity arises. However, the person performing an activities associated with the Permittee's encroachment, emergencyencroachmentduringnormalCitybusinesshours including installation, maintenance, repair, operation, and shall notify the City Engineer by telephone within four hours removal of Permittee's facilities in the right-of-way by the of beginning said emergency work. If the emergency work Permittee, itsemployeesor agents. The Permittee's liability must occur during hours the City offices are closed, that under this section shall not apply to the extent that'damage notice shall be given to County Communications.The notice is caused by the sole or active negligence, willful shall relay the nature and location of the emergency,and the misconduct or criminal acts of City,.its agents or employees. person making an emergency use or encroachment shall B. In the event of any damage caused by Permittee, apply for a permit the next business day. Utilities shall not the Permittee shall pay the cost of any replacements, repairs be required to obtain an encroachment permit prior to work or restoration necessary to return the property,right-of-way, performed in connection with an Emergency. (Ord. facilities, or installations to the condition that existed prior 13-2110, §1 (part), 2013) to the damage. C. Any damage to surface and subsurface 14.08.210 Abandonment or Removal of Facilities improvements, such as pavement or concrete over any from Right-of-Way. trench/excavation or adjacent thereto, as reasonably A. If a Permittee intends to remove its facilities, the ( determined by the City Engineer which results from the . Permittee shall obtain.a permit pursuant to this chapter.for / Permittee's acts or omissions shall be the sole responsibility all facility removal from the right-of-way prior to such of the Permittee. The Permittee shall complete all necessary removal. repairs within thirty (30) days of notification by the City B. If a Utility intends to abandon its facilities, the Engineer, or if it reasonably would require more than thirty Utility shall notify the City Engineer prior to abandonment (30) days to perform such repairs, within a time reasonably by sending written notice at least thirty (30) days prior to necessary,.provided the Permittee has undertaken to initiate abandonment. All facilities shall be removed, abandoned in the repairs within the thirty (30) day period and diligently place, or dedicated no later than one hundred eighty (180) pursues such efforts to cure to completion. If the Permittee days of the City Engineers approval. fails to make repairs within the applicable period, or if the C. If the City determines a Permittee (other than a City Engineer determines the damage to be a public hazard, Utility) has abandoned privately owned facilities, the City the City may have repairs made and bill the cost to the shall provide the Permittee with written notice to remove Permittee. (Ord. 13-2110, § 1 (part), 2013) their facilities from the right-of-way within.thirty(30)days, Facility removal shall be at no cost to the City. 14.08.180 Adherence to Rules and Regulations. D. If the Permittee (other than a Utility) takes no Each person shall comply with all rules and regulations action within this time period, the City may elect to accept contained herein even if the work has been performed under title to such facilities free and clear, or remove the facilities an emergency encroachment.The City Engineer may revoke and charge the Permittee with all reasonable costs incurred a permit issued under this chapter upon violation of any of in such removal. Permittee shall make paymentwithin thirty its provisions or the provisions of any permit issued (30) days of the City's return of such facilities to the hereunder. (Ord. 13-2110, § I (part), 2013) Permittee or making such facilities available to the Permittee for pickup within City limits. 14.08.190 Transfer of Permits. E. Encroachments that have been made without a Permits issued pursuant to this ordinance are not permit or by persons not otherwise entitled to operate within ( transferrable. A Permittee's agent may file an application public rights-of-way pursuant to federal, State or local law 2013 S-40 14.08.210 Cupertino-Streets, Sidewalks and Landscaping 22D are not subject to the provisions of the abandonment process ordinance of the City, shall be paid by the owner of property i described in this section. abutting the right-of-way on which the obstruction was F. The provisions of this section apply only to City located. determinations of abandonment and not where the City has E. In addition to any of the remedies provided for revoked a permit pursuant to section 14.08.020(b). (Ord. herein or by law for violations of this Chapter, the City 13-2110, § 1 (part), 2013) Attorney may maintain an action for injunction to restrain or abatement to correct or compel the removal of such violation 14.08.220 Obstructions Deemed Public Nuisance. or violations as provided in this Code. (Ord. 13-2110, § 1 A. The City and its residents share in the care and (part), 2013) management of landscape within the right-of-way located adjacent to private property. No owner or legal occupant of 14.08.230 Penalties. any premises abutting upon any right-of-way shall permit the A. Pursuant to the City's prosecutorial discretion,the existence of obstructions defined by this chapter to be a City may enforce violations of the provisions of this chapter nuisance. as criminal, civil or administrative actions. B. The following is to be a nonexclusive list of B. Every violation of this chapter shall be a obstructions which under this chapter are deemed to obstruct misdemeanor; provided, however, that where the City the view from vehicles traveling on public streets and the Attorney has determined that such action would be in the passage of pedestrians on the sidewalks and of vehicles on best interest of justice,.the City Attorney may specify in the the rights-of-way abutting thereon and are declared to be a accusatory pleading or citation that the violation shall be public nuisance and prohibited as unlawful: prosecuted as an.infraction. Code enforcement officers, as I. A tree with limbs overhanging the right-of-way, defined by this Code, shall have the power to issue the lowest part of which is less than eight and one half feet administrative and infraction citations for violations of this above the right-of-way; chapter. 2. Landscape overhanging the street, gutter, C. Violations of this chapter may also be punishable sidewalk or obstructing any municipal utility facility or fire as infractions or administrative actions in accordance with hydrant; Chapters 1.10 and 1.12. 3. Any landscape which is so situated as to obscure D. In addition to all other remedies set forth in this Li and impair the unobstructed view of intersecting traffic'by Chapter, any activities operated, conducted or maintained passing motorists or pedestrians or obscure and impair the contrary to the provisions of this chapter shall be unlawful view of street, traffic, and other control devices and signs and a public nuisance, and the City Attorney may, in the placed upon the streets for the safety of the public. exercise of discretion, in addition to or in lieu of prosecuting C. The City Engineer, upon determining that one or a criminal action hereunder,commence an action or actions, more of the nuisances prohibited herein exist or that any proceeding or proceedings,"for the abatement, removal and other similar obstruction to the passage of vehicles or enjoinment thereof, in a manner provided by law. (Ord. pedestrians at intersections exists on premises within the 13-2110, § I (part), 2013) City, shall give written notice to the property owner or legal occupant having charge or control of the premises to remove 14.08.240 Appeals. the nuisance so designated therein, and it is unlawful for the Any person whose permit application is denied or any owner or legal occupant having charge or control of the pennittee who is required to abandon facilities may appeal premises to neglect or fail to remove therefrom the such decision in accordance with Chapter 1.16 of this code. obstruction within five business days from the date of the (Ord. 13-2110, § 1 (part), 2013) notice. D. If the City Engineer finds that any right-of-way obstruction is an immediate peril or menace to the public,to any person, or,to pedestrian or vehicular traffic, the City Manager may cause it to be summarily removed. Upon summary removal of the obstruction, the City Manager shall provide written notice to the property owner of actions taken. Any cost incurred by or fees imposed by the City in the removal,alteration,relocation,or demolition of any sign pursuant to the provisions of this title or any other pertinent LI 2013 S-40 19.60.010 L CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES* Section 19.60.010 Purpose. 19.60.020 Applicability of Regulations. 19,60.020 Applicability of regulations. No building, structure, or land shall be used, and no • 19.60.030 Permitted, conditional and excluded building or structure shall be erected,structurally altered,or uses. enlarged in a CG zone, otherwise than in conformance with 19.60.040 Permits required for development. the provisions of this chapter and other applicable provisions 19.60.050 Land use activity. of this title. 19.60.060 Development standards. (Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (pan), * Prior history: amended during 4/94 supplement and by 1995) Ords. 1601, 1618, 1630 and 1637. 19.60.030 Permitted, Conditional and Excluded Uses. 19.60.010 Purpose. Permitted,Conditional and Excluded Uses that may be The purpose of the general commercial zoning district conducted from property zoned general commercial (CG), is to establish regulations for retailing, offices and service are identified in Table 19.60.030, Permitted, Conditional establishment offering goods and services to the general and Excluded Uses in General Commercial Zoning Districts public which will assure maximum compatibility with below. surrounding residential areas as well as minimize adverse ( traffic impacts resulting from commercial development. - `�,�/ (Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (part), 1995) Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts Zoning Districts CG Uses I. Retail businesses, such as, but not limited to: P a. food stores (excluding convenience markets), b. drugstores, • c. apparel shops, d. variety stores and e. hardware stores 2. Full service restaurants (without separate bar facilities) where: P a. all public entrances face away from residential zoning districts and b. where the required customer parking is located within close proximity of the entrance 3. Specialty food stores which cumulatively occupy more than fifty percent of the building floor CUP- Admin. space in a single building or shopping center 4. Eating establishments CUP - PC • a. Full-service restaurants with separate bar facilities b. Fast-food restaurants, and c. Any entertainment facilities (e.g., dancing, live music) in association with full-service or fast-food restaurant 2013 S-40 109 19.60.030 Cupertino -Zoning 110 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses 5. Any commercial establishments with drive-through facilities CUP- PC 6. Late evening activities which occur between eleven p.m. through seven a.m. CUP- PC 7. Offices such as those below, provided that such uses do not comprise more than twenty-five P percent of the building space in a shopping center: a. Professional, b. General, c. Administrative, d. Business offices, e. Business services, such as: i. advertising bureaus, ii. credit reporting, iii. accounting and similar consulting agencies, iv. stenographic services, and v. communication equipment.buildings 8. Commercial Office uses such as those below which directly serve the public P a. Banks, b. Financial institutions, c. Insurance agencies � / d. Real estate agencies, 9 e. Travel agencies, f. Photography, and g. Similar studios 9. Laundry facilities, including those below, provided that the solvents used in the cleaning P process shall not be used or stored in any manner not approved by the State Fire Marshal and provided the establishment received approval from the Bay Area Air Quality Management District. a. Self service operations b. Full service operations; and c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to the establishment by retail customers 10. Private clubs, lodges, or fraternal organizations a. Uses in (10) above as subordinate uses in buildings intended primarily for other permitted P uses provided for in this section b. Uses in (10) above as principal use buildings CUP- PC 11. Fraternity and sorority houses CUP- PC 2013 S-40 • 1.11 General Commercial (CG) Zones 19:60.030 Table 19.60.030: Permitted, Conditional and Excluded,Uses"in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses. 12. Limited repair services; such as: P a. Jewelry, b: Household appliance, c. Typewriter and d. Businessmachine,repairshops 13. Personal service establishments such as: P a.. Barbershops, b. Beauty parlors, c. Massage establishments, d. Shoe repair shops, and e. Tailor shops. 14. .Accessory facilities,and uses customarily=incidental to permitted uses and/otherwise conforming, P with provisions of Chapter 19.100;of this title 15. A maximum of four video game machines, provided these machines are incidental to,the main P activity of the business 16. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P single,building or shopping center 17. Pet shop and pet services facilities (buildings) and-bathing, clipping, trimming and similar services for pets a. Uses in(17)above which are located in a sound-proof structure and are in compliance P with.Santa Clara County Health Department regulations. b. Uses in (17) above which aremotlocated in a,sound-proof structure and are in compliance CUP- PC! with Santa Clara County Health Department regulations 18. CUP - PC a. Child care centers, b. Day nurseries, and c. Playgrounds 19. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P a. When theusesin(19) above cumulatively comprise 50% of the space in a shopping center, provide adequate parking as determined by Chapter 19:124 and'meetnoise requirements as determined by Chapter 10.48 b. When the uses in(19) above cumulatively comprise CUP- Admin. z 50%of'thespace in;a.shopping center, provide adequate parking as determined by Chapter 19,124,andmeet noise requirements as determined.by Chapter 10:48 2013 S-40 19.60.030 Cupertino -Zoning 112 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts"(Cont.) Zoning Districts CG Uses 20. Retail/service kiosks that meet the following: CUP- Admin. a. Are located in an unenclosed space visible from public streets or other publicly owned space, b. Where adequate parking is provided as determined by Chapter 19.124, c. Which do not result in traffl •orcirculation impacts, d. Have attractive designs and landscaping, and e. Are compatible with the surrounding architecture 21. Other uses which, in the opinion of the Director of Community Development, are similar to the P permitted uses in the CG zoning district, and which do not create significant adverse impacts to the surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic or litter • 22. Commercial parking and parking garages CUP- PC 23. Convenience markets CUP- PC 24. Hotels, motels, and boardinghouses CUP- PC 25. Liquor stores CUP - PC 26. Drinking establishments CUP- PC 27. Commercial entertainment establishments, such as: CUP - PC a. Indoor theaters, b. Bowling alleys, c. Billiard and pool parlors, d. Dance halls, e. Skating rinks, and f. Arcades 28. Mortuaries CUP - PC 29. Automobile service stations, automobile washing facilities CUP - PC 30. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in CUP - PC operable condition 31. Automobile and Tire repair shops CUP - PC 32. Business activities which display merchandise or provide services in an unenclosed space visible CUP - PC from a public street or adjoining residential property,,except activities which display merchandise as provided by Section 19.60.050 33. Business activities which incorporate contracting services for which a contracting license issued CUP- PC by the State is required 2013 S-40 ( I12A General Commercial (CG) Zones 19.60.030 Table 19.60.030:. Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG. Uses .34. Other commercial uses which are neither permitted uses nor excluded uses and which are, in CUP- PC the opinion of the Planning Commission, consistent with the character of a general commercial (CG) zone of the same general character listed in this section, and which do not create significant adverse impacts.to the surrounding areedue to odor, dust, fumes, glare, radiation, vibration, noise, traffic or litter 35. Businesses'where the primary activity is related to the on-site°manufacturing, assembly or Ex storage of building components intended for use by general contractors,or wholesalers 36. Storage garages, and other wholesale;,businesses, except computer hardware and software and Ex communications-businesses'for which the City may,generate sales tax revenue;where,the primary activity is to conduct sales'and services to other businesses rather than to direct retail customers 37. Other uses which, in.the.opinibn of the Planning Commission, aretobjectionable by.reason of Ex odor, dust, smoke, glare, fumes, radiation, vibration, noise, traffic or litter shall be■excluded • • 2013 S-40 Cupertino - Zoning 112B ( 113 General Commercial (CG) Zones 19.60.030 `.� Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses 38. Warehouses Ex 39. Lumberyards Ex 40. Nurseries and greenhouses Ex 41. Commercial excavating of building or construction materials Ex Key: P- Permitted Use - - Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP-PC - Conditional Use Permit issued by the Planning Commission CUP- CC - Conditional Use Permit issued by the City Council Ex - Excluded Uses (Ord. 2085, § 2 (part), 2011) 19.60.040 Permits Required for Development. e. Incidental activities directly related to the A. Prior to the erection of a new building or permitted business. The incidental activity must comply structure or enlargement or modification of an existing with noise standards, all other applicable health and safety building, structure, or site (including landscaping and regulations and must use equipment which, when not use, lighting) in a CG zoning district, permits must be obtained is stored in an approved enclosed space. in accordance with Table 19.12.030. 2. The activity must comply with the City noise (Ord. 2085, §2(part), 2011;Ord. 2056, (part), 2010; Ord. standards, including pick-up and delivery times. Some 1844, § I (part), 2000;Ord. 1784, (part), 1998;Ord. 1687, activities are permitted when located in a sound-proof space. Exh. A (part), 1995) A sound-proof space is an enclosed area which is designed to prevent internally generated noise from being audible 19.60.050 Land Use Activity. from a receptor located outside of the structure. An A. Land Use Criteria. Unless otherwise:provided by acoustical engineer shall certify the design and operating a conditional use permit, the following regulations shall conditions of a sound-proof space. apply to all users governed by this chapter. 3. The activity must involve direct retailing of goods I. The activity must be conducted entirely within a or services to the general public. The retailing and servicing building or enclosed patio or atrium except for: activity must comprise at least fifty percent of the floor a. Vehicular parking including the parking of space, including enclosed patio and atrium space, and must business related vehicles that comply with the sign,off-street represent the primary emphasis of the business. Window parking and noise regulations; displays shall reflect the retail emphasis. b. Outdoor seating for restaurants as long as the 4. Certain activities which require a hazardous number of seats do not exceed twenty percent of the number material plan are permitted subject to permitting or licensing of authorized indoor seats and is otherwise compatible with by an authorized public agency charged with the Chapter 19.124 of this code; responsibility to protect the public health and welfare c. Special promotional events undertaken by regarding the involved hazardous material. Examples: permitted businesses; swimming pool and spa supply,, photo finishing, dental d. The display of merchandise in front of stores office. containing a minimum of twenty thousand square feet of 5. The activity complies with applicable off-street floor area. The merchandise must be displayed under a roof parking standards including shared parking arrangements overhang or canopy and must be displayed in an organized, specified in the off-street parking ordinance. ( J neat and safe fashion; (Ord. 2085, § 2 (part), 2011) 2013 S-40 19.60.060 Cupertino -Zoning 114 19.60.060 Development Standards. Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General Commercial (CG)zoning district. Table 19.60.060: Development Standards A. Lot Area and Coverage No minimum lot area or coverage. Must be in conformance with the General Plan or applicable Specific Plan. Must have sufficient area to satisfy off-street parking and loading requirements contained in this title. B. Height of Buildings and Structures 30.feet unless otherwise permitted by the General Plan or applicable Specific Plan. C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space 1. Front Yard Established based upon special policies contained in the General Plan and/or applicable specific plan to: • Insure sufficient space to provide adequate light, air and visibility at intersections; • Assure general conformity to yard requirements of adjacent or nearby zones, lots or parcels; and • Promote excellence of development. 2. Minimum Side and Rear Yard No side or rear yard setback required unless lot abuts any residential or agricultural-residential zone in which case • the following regulations apply: a. Side Yard Setback i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. ii. Street Side of Corner Lot 12 feet b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. D. Noise Standards - 1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise that adjoin residential districts shall be: a. Exterior Walls Designed to attenuate all noise emanating from interior retail space. b. Loading Docks and Doors Located away from residential districts. Required Fire Doors are excluded. c. Mechanical and other equipment Air conditioning, exhaust fans, and other mechanical equipment shall be acoustically isolated to comply with the noise ordinance 2012 S-31 ( 19.64.010 CHAPTER 19.64: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING DISTRICTS Section 19.64.010 Applicability of regulations. 19.64.020 Permitted, Conditional and Excluded 19.64.020 Permitted, conditional and excluded Uses in Office and Industrial Zones. uses in office and industrial zones. Table 19.64.020 sets forth the Permitted, Conditional and.Excluded Uses in Office and Industrial zones. 19.64.010 Applicability of Regulations. No building or structure or land shall be used in an OA, OP, MP, ML or ML-rc zoning district, otherwise than in conformance with the provisions of this chapter. (Ord. 2085, § 2 (part), 2011) Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones Zoning Districts Uses - OA OP MP ML ML-rc 1. Administrative and Executive Offices P P P - P 2. Professional Offices 3. Printing and Publishing - - - - P 4. Caterers - - - • CUP- - PC 5. The following commercial uses are permitted as independent operations: a. Stenographic or duplicating services - - - • P P b. Messenger or telegraph offices - - - P - c. Delivery services - - - P P d. Janitorial services; - - - P 6. Office Supplies and Equipment Sales and - - - - P Services 7. Dry cleaning plants and similar establishments, - - - P P provided that the solvent used in the cleaning process shall be used or stored in.a manner approved'by the State Fire Marshal; L 2012 5-31 117 19.64.020 Cupertino-Zoning 118 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML IVIL-rc 8. Accessory facilities and uses customarily -P - - - - incidental to permitted uses and otherwise conforming with provisions of Chapter 19.100 of this title. 9. Animal clinics.and hospitals, facilities for P bathing, clipping, trimming, and similar services for pets; kennels; taxidermists; 10. Gymnasium, Health Club - - - - P 11. Swim clubs, swim schools, and commercial - - - CUP - - swimming pools PC 12. Commercial parking and parking garages - - - P 13. Commercial entertainment establishments - - - CUP- - operated wholly or partly in the open (e.g., PC drive-in theaters, golf driving ranges, and miniature golf courses), 14. Automobile service stations, automobile - - CUP- - washing facilities; - - PC 15, Gasoline and diesel fuel pumps, whether - - - CUP - - utilized as a principal use or as an accessory PC use 16. Automobile, trailer, tire and boat sales,rentals, service, repair and storage, including body and upholstery shops, but limited to new and used vehicles in operable condition and new, reconditioned and used pans, if stored inside abuilding 17. Manufacturing, processing, assembly, research and development factories, laboratories, shops, and other uses which, in the opinion of the Director of Community Development are similar to uses permitted in the ML zoning district, and which do not create undue'adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises as • provided in Section 19:72.050 of this Title. 18. Light Manufacturing, processing, assembly, - - P - and storage of products and materials which do not create undue adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises as provided in Section 19.72.050 of this Title. 2013 5-40 119 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 LsTable 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 19. Medical and Allied Laboratories - P P - - 20. Laboratories - - - - P 21. Warehouses; - - - P 22. Enclosed Warehousing - - - P P 23. Wholesaler Showrooms - - - - P 24. Wholesale and storage activities within - - - P - completely enclosed buildings; 25. Wholesale and storage within completely . . - - - P • enclosed buildings, excluding petroleum products; 26. Cold Storage Facilities and Frozen Food - - - P P Lockers 27. Packing and crating establishments; - - - P - 28. Auction houses, used furniture sales, feed - - - P - C./ ' sales; 29. Home, garden and farm equipment and - - - , P - appliance sales and rentals; 30. Machinery sales and rentals, including heavy - - - P - construction equipment; 31. Repair and service shops for light machinery, - - - P - household appliances and apparel; 32. Light Machinery, Tools and Equipment Sales - - - P P and Services 33. Lumberyards, I - - - P - 34. Building material sales, ice, coal and wood I - - - P - sales, carpenter and cabinet shops; 35. Nurseries and greenhouses; - - - P - 36. Television, radio and motion picture studios - - - P P and stations; 37. Film Processing - - - - P 38. Commercial Photography - ( - - P - . 2013 S-40 19.64.020 Cupertino - Zoning 120 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones(Cont.) Zoning Districts Uses OA OP MP ML ML-rc 39. Public utility facilities and service yards, and associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards; 40. Municipal and Governmental Facilities 41. All uses permitted in a general commercial (CG) zone as provided in Chapter 19.60, provided that: a. They are auxiliary or subsidiary to or an essential part of an established operation or use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and b. Which•exist solely for the convenience of persons employed in or customers of the Ltd principal use; 42. Residential dwellings for caretakers or - - - P - watchmen employed for the protection of the principal permitted use, provided they are located on the same lot as the principal permitted use. 43. For any ordinarily permitted industrial use - - - CUP- where the number of parking spaces exceeds Admin. one per five hundred feet of net lot area, upon a determination that the use will not have an • adverse impact upon the City's street and circulation system, and is consistent with.the City's noise ordinance. 44. Retail sales of mixed concrete sold in batches - - - CUP- - not exceeding one cubic yard PC 45. Stone cutting, monument manufacture - - - CUP - PC 46. Mortuaries - - - CUP - - PC 47. Heliports as accessory uses, - - - CUP- - PC Li 2013 S-40 • 121 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP I ML ML-rc 48. Manufacture of radioactive material, provided - - - CUP- - that emissions do not exceed permissible levels PC established by Federal or State standards 49. Other uses which, in the opinion of the - - - CUP- - Planning Commission, are consistent with the PC character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes, radiation or vibration described in _ Section 19.72.050 of this Title 50. Existing churches approved by the City with a - - - - CUP- Conditional Use Permit, in existence prior to PC the adoption of Ordinance 11-2084 51. Technical Colleges - With classroom schedules - - - - CUP- which do not exceed traffic generation rates PC normally experienced by a Light Industrial/Administrative Office development between 7:00 a.m. - 9:00 a.m., 4:00 p.m. - ._. 6:00 p.m. and 7:00 p.m. to 10:00 p.m. The on-site enrollment shall not exceed two students for each parking space during the day program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00 p.m. 52. Bag cleaning, - - Ex Ex 53. Blast furnace, - - - Ex Ex 54. Boiler or Tank Works - - - Ex Ex 55. Boiler or Tank Works - - - Ex Ex 56. Candle Factory - - - Ex Ex 57. Cannery - - - Ex Ex 58. Central Mixing Plant for'Cement - - - Ex Ex 59. Mortar - - - Ex. Ex 60. Plaster or Paving,Materials - - - Ex Ex 61. Coke Oven - - - Ex Ex 62. Curing - - - Ex Ex • 63. Tanning or Storage of Raw Hides or Skins - - - Ex Ex 2013 S-40 19.64.020 Cupertino- Zoning 122 Table 19.64.020: Permitted,.Conditional and Excluded Uses incOffice and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 64. Distillation of Bones, Coal or Wood - - - Ex Ex 65. Distillation of Tar - - - Ex Ex 66. Drilling for Oil, Gas or Other Hydrocarbon - - - Ex Ex Substances 67. Dumping, Disposal, Incineration or Reduction - - - Ex Ex of Garbage, Sewage, Offal, Dead Animals or Refuse 68. Fat Rendering - - - Ex Ex 69. Forge plant - - - Ex Ex 70. Foundry or Metal Fabrication Plant - - - Ex Ex 71. Hog•Farms - - - Ex Ex 72. Junk Yards - - - Ex Ex 73. Baling of Rags or Junk - - - Ex Ex 74. Pumping, Refining or Wholesale Storage of _ - - Ex Ex `d Crude Petroleum 75. Slaughtering of Animals - - - Ex Ex 76. Smelting of Copper, Iron, Tin, Zinc or other - - - Ex Ex • Ores 77. Steam Power Plant - - - Ex Ex 78. Stockyard - - - Ex Ex 79. Stone Mill or Quarry - - - Ex Ex 80. Sugar Refining - - - Ex Ex 81. Wool Pulling or Scouring - - - Ex Ex 82. Manufacture of: a. Acetylene, - - - Ex Ex b. Acid - - - Ex Ex c. Alcohol - - - Ex Ex d. Alcoholic Beverages - - - Ex Ex e. Ammonia - - - Ex Ex LI 2013 S-40 ( 123 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 ` Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 82. Manufacture of: (Cont.) f. Bleaching Powder - - - Ex Ex g. Chlorine - - - Ex Ex h. Chemicals - - - Ex Ex i. Soda or Soda Compounds - - - Ex Ex j. Brick Pottery - - - Ex Ex k. Terra Cotta or Tile (except handcraft - - - Ex Ex products only) . I. Candles - - - Ex Ex m. Celluloid or pyroxlin(treatment of - - - Ex same) n. Cement - - - Ex Ex o. Gypsum - - - Ex Ex 1/4-1 p. Lime or Plaster of Paris - - - Ex Ex q. Chewing Tobacco(or treatment of •- - - Ex Ex same) r. Disinfectants - - - - Ex Ex s. Dyestuffs - - - Ex Ex t. Emery Cloth or Sandpaper - - - Ex Ex u. Explosives - - - Ex Ex v. Fireworks or Gunpowder (or storage of - - - Ex Ex same) w. Fertilizer - - - Ex Ex x. Glass - - - Ex Ex y. Glue - - - Ex Ex z. Gelatin I - - - Ex Ex aa. Grease I - - - Ex Ex bb. Lard or Tallow (manufactured or - - - Ex Ex refined from or of animal fat) C/• 2013 S-40 19.64.020 Cupertino - Zoning 124 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 82. Manufacture of: (Cont.) cc. Illumination of Heating Gas (or Storage - - - Ex Ex of Same) dd. Insecticides - - - Ex Ex ee. Lampblack - - - Ex Ex ff. Linoleum - - - Ex Ex gg. Oilcloth or oiled products - - - Ex Ex hh. Linseed Oil - - - Ex Ex ii. Paint - - - Ex Ex jj. Oil - - - Ex Ex kk. Shellac - - - Ex Ex II. Turpentine or Varnish(except mixing) - - - Ex Ex mm. Matches - • - - Ex Ex L/ nn. Paper or Pulp - - - Ex Ex oo. Pickles - - - Ex Ex pp. Sauerkraut or Vinegar - - - Ex Ex qq. Potash Products - - - Ex Ex rr. Rubber or Gutta Percha Products (or - - - Ex Ex treatment of same) ss. Shoe Polish - - - Ex Ex U. Soap (other than liquid soap) - - - Ex Ex uu. Starch, Glucose or Dectrin - - - Ex Ex vv. Stove Polish - - - Ex Ex ww. Tar Roofing or Waterproofing or other - - - Ex Ex Tar Products xx. Yeast - - - Ex Ex 83. Schools (preschool, kindergarten through - - - Ex Ex grade 12(K-12)) 84. Specialized Schools - - - Ex Ex j. 2013 5-40 �y ( 125 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 4./ Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 85. General Acute Care Hospital (e.g., any - - - Ex Ex nursing facility, intermediate care facility, congregate living health facility) 86. Long-term health care facility - - - Ex Ex 87. Child Day Care Facility (including day care - - - Ex Ex centers, employer-sponsored child care centers,adult day care and family day care homes) 88. Uses or facilities defined in Health and Safety - - - Ex Ex Code Sections 1250 or 1418 or 1596.750 and Education Code Section 17323(c) which may be utilized by sensitive receptors as defined by Public'Resoureds Code Section 42100(c) Key: P- Permitted Use - - Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP- PC - Conditional Use Permit issued by the Planning Commission CUP-CC - Conditional Use Permit issued by the City Council Ex- Excluded Uses (Ord. 2085,1 2 (part), 2011) • • 2013 S-40 Cupertino -Zoning 126 , A • 'as 2012 S-31 L 5 Comprehensive Ordinance List Otd. No. Ord. No. 81 Subdivisions (Not codified) 122 Water Commission(Repealed by 1082) 82 Moving buildings (16.36) 122(a) Amends Ord. 122, Water Commission 83 Annexation(Special) (Repealed by 1082) 84 Annexation(Special) 123 Annexation (Special) 85 Amends Ord. 2, zoning (Not codified) 124 Amends Ord. 2, zoning (Not codified) 86 Amends Ord. 2, zoning (Not.codified) 125 Trees (14.12) 87 Amends Ord. 80, plumbing code 126 Amends Ord. 2, zoning (Not codified) (Repealed by 211) 127 Not adopted 88 Amends Ord. 2, zoning (Not codified) 128 Park and Recreation Commission 89 Regulation of signs (Repealed by 353) (Repealed by 303) 89(a) Amends Ord. 89, regulations of signs 128(a) Amends Ord. 128, Park and (Repealed by 353) Recreation Commission (Repealed by 89(b) Regulations of signs (Repealed by 353) 303) 90 Amends Ord. 2, zoning (Not codified) 129 Speed'limits (Repealed by 490) 91 Amends Ord. 2, zoning (Not codified) 130 Obstructions of streets and highways 92 Amends Ord. 2, zoning(Not codified) (14.08) (Repealed by Ord. 13-2110) 93 Annexation(Special) 130(a) Amends Ord. 130, obstruction of 94 Control of dogs (Repealed by 565) streets and highways (14.08) (Repealed 94 by Ord. 13-2110) (Revised) Control of dogs (Repealed by 408) 131 Amends Ord. 2, zoning (Not codified) 95 Amends Ord. 2, zoning (Not codified) 132 Annexation election (Special) 96 Amends Ord. 2, zoning (Not,codified) 133 Amends Ord. 2, zoning(Not codified) 97 Amends Ord. 2, zoning (Not codified) 134 Annexation(Special) 98 Property tax for 1959-60(Special) 135 Amends Ord. 2, zoning(Not codified) 99 Amends Ord. 2, zoning(Not codified) 136 Amends Ord. 2, zoning(Not codified) C....1 100 Amends Ord. 2, zoning (Not codified) 137 Stop signs (Repealed by 467) 101 Amends Ord. 2, zoning (Not codified) 138 Annexation (Special) 102 Amends Ord. 2, zoning (Not codified) 139 Swimming pools (16.32) 103 Amends Ord. 2, zoning(Not.codified) 140 Subdivision grades (Repealed by 214 104 Annexation (Special) (a)) 105 Amends Ord. 2, zoning (Not codified) 141 Trampoline centers (Not codified) 106 City Manager (2.28) 142 Taxes for 1960-61 (Special) 107 Water system (Repealed by 1776) 143 Garage spaces (Not codified) 107(a) Amends Ord. 107, water system 143(a) Amends Ord. 143, garage spaces (Not (Repealed by 1776) codified) 107(b) Amends Ord. 107, water system 144 Zoning (Not codified) (Repealed by 1776) 144 108 Amends Ord. 2, zoning (Not codified) (Revised) Zoning, repeals Ord. 144 (Not 109 Amends Ord. 2, zoning (Not codified) codified) 110 Amends Ord. 2, zoning (Not codified) 145 Construction of swimming pools 11.1 Amends Ord. 2, zoning (Not codified) (Special) 112 Fences (16.28) (Repealed by Ord. 146 Amends Ord. 2, zoning (Not codified) 2085) 147 Amends Ord. 2, zoning(Not codified) 113 Amends Ord. 2, zoning(Not codified) 148 Amends Ord. 2, zoning (Not codified) 114 Amends Ord. 2, zoning (Not codified) • 149 Annexation (Special) 115 Amends Ord. 2, zoning(Not codified) 150 (Not adopted) 116 Amends Ord. 2, zoning (Not codified) 151 (Not adopted) 117 Annexation (Special) 152 Amends Ord. 2, zoning (Not codified) 118 Subdivisions(Not codified) 153 Amends Ord. 2, zoning (Not codified) 119 Amends Ord. 2, zoning (Not codified) 154 Annexation (Special) 120 Amends Ord. 2, zoning (Not codified) 155 Amends Ord. 2, zoning (Not codified) 121 Amends Ord. 89, sign regulations (Not 156 Amends Ord. 2, zoning (Not codified) codified) 2013 S-40 Cupertino -Comprehensive Ordinance List 6 Ord. No. Ord. No. tsj 157 Amends Ord. 2, zoning (Not codified) 200(b) Amends Ord. 200, fireworks e•sj' 158 Annexation (Special) (Repealed by 447) 159 Amends•Ord. 2, zoning (Not codified) 201 Speed limits (Repealed by 490) 160 Zoning, repeals Ord. 144 (Revised) 202 Amends Ord. 2, zoning(Not codified) (Not codified) 203 Building code (Repealed by 214) 161 Bicycles (1.08) 204 Annexation(Special) 162 Annexation (Special) 205 Amends Ord. 2, zoning (Not codified) 163 Zoning, repeals Ord. 73 (Not codified) 206 Zoning (Not codified) 163(a) Zoning, repeals Ord. 163 (Not 207 Zoning (Not codified) codified) 208 Amends Ord..2, zoning (Not codified) 164 Subdivisions (Not codified) 209 Annexation (Special) 165 Amends Ord. 2, zoning (Not codified) 210 Stop signs(Repealed by 463) 166 Firearms and explosives (10.20, 210(a) Amends Ord. 210, stop signs 10.76) (Repealed by 463) 167 Handbills (10.52) 211 Plumbing code, repeals Ords. 80, 168 Amends Ord. 2, zoning (Not codified) 80(a) and 80(b) (Repealed by 342) 169 Fireworks (Repealed by 175) 212 Electric code, repeals Ord. 79 170 Annexation (Special) (Repealed by 341) • 171 Amends Ord. 2, zoning (Not codified) 213 Heating and comfort cooling code 172 Amends Ord. 2, zoning (Not codified) (Repealed by 343) 173 Annexation (Special) 214 Building code, repeals Ord. 203 174 Amends Ord. 2, zoning (Not codified) (Repealed by 340) 175 Fireworks, repeals Ord. 169(Repealed 214(A) Subdivision grades, repeals Ord. 140 by 447) (16.08) 176 Amends Ord. 2, zoning(Not codified) 215 Amends Ord. 2, zoning (Not codified) 177 Amends Ord. 2, zoning (Not codified) 216. Amends Ord. 2, zoning (Not codified) 178 Amends Ord. 2, zoning (Not codified) 217 Amends Ord. 2, zoning (Not codified) 179 Annexation (Special) 218 Zoning (Not codified) 180 Amends Ord. 2, zoning(Not codified) 219 Amends Ord. 2, zoning (Not codified) 181 Amends Ord. 2, zoning (Norcodified) 220 Zoning (Not codified) 182 Annexation (Special) 220(a) Zoning (Not codified) 183 Amends Ord. 2, zoning (Not codified) 220(a)(1) Amends Ord. 220 (a), zoning (Not 184 Annexation(Special) codified) 185 Amends Ord. 2, zoning (Not codified) 220(b) (Number not used) 186 Amends Ord. 2, zoning (Not codified) 220(c) Zoning (Not codified) 187 Amends Ord. 2, zoning (Not codified) 220(d) Zoning (Not codified) 188 Amends Ord. 2, zoning (Not codified) 220(e) Amends Ord. 220, zoning (Not 189 Amends Ord. 2, zoning (Not codified) codified) 190 Amends Ord. 2, zoning(Not codified) 220(f) Amends Ords. 2 and 220, zoning(Not 191 Speed limits (Repealed by 490) codified) 192 Amends Ord. 2; zoning (Not codified) ,220(g) Amends Ords„2 and 220, zoning 193 Amends Ord. 2, zoning (Not codified) (Repealed by 1601) 194 Amends Ord. 2, zoning (Not codified) 220(h) Zoning (Not codified) 195 Amends Ord. 2, zoning (Not codified) 220(i) Amends Ords. 2 and 220, zoning 196 Zoning (Not codified) (Repealed by 1451) 197 Amends Ord. 2, zoning (Not codified) 2200) Amends Ord. 220, zoning (Repealed 198 Amends Ord. 2, zoning (Not codified) by 1295 and 1344) 199 Amends Ord. 2, zoning (Not codified) 220(k) Amends Ords. 2 and 220, zoning (Not 200 Fireworks, repeals Ord. 169(Repealed codified) by 447) 2200) Amends Ord. 220, zoning(Repealed 200(a) Amends Ord. 200, fireworks by 1601) (Repealed by 447) 220(m) Amends Ords. 2 and 220, zoning (Not codified) 11 Comprehensive Ordinance List Ord: No. Ord. No. 565 Rabies control; repeals Ord. 408 594 Amends contract with California (Repealed by 931) Public EmployeesRetirement System 566, Amends Ord. 2.(a),§ 7.2, zoning (Not (2:56) codified) 595 (Missing) 567 Amends Ord. 537; adds'§ 303(d), 596 Purchasing,system; repeals Ords. 48 building code(16.04) and 48(a) (Repealed.by 1582) 568 Amends Ord. 47"(Revised);,adds 597 Repeals Ord. 587, amends'.Ord. 214(a) § 1.6, deeds or contracts (Title 18) § 2.1, streevand sidewalk grades 569 Interim zoning(Special) (16.08) 570 Truck traffic,routes (Repealed by 833) 598 Rightof entry for inspection(Repealed 571 Rezone(Special) by 1675) 572 Rezone (Special) 599 General provisions (1.04) 573 Amends Ord. 533 §.11.1, stopping, 600 Repeals Ord. 579, amends,Ord. 130 standing, parking (Not.codified) § 1.5, standard specifications (14,08) 574 Public Safety Commission,(2.60) (Repealed by Ord. 13-2110) 575 Amends Ord. 220, zoning(Repealed 601 Amends=Ord: XII §§ 12:2.11.3 and by 1601) 12:2.12:3, personnel,,repeals 576 Amends Ord. 533 § 10.1, stopping, §§12:2,11.1, 12:2.13, 12:2.13.1, standing, parking'(Repealed'by.824 12:2.13.2, 12:2.13.3, 12:2.13.4 and and"843) 12:2.13.5 Of Ord. XII and Ord. 482 577 Amends Ord. 467, stop intersections (2.52) (Not codified) 602 Adds Chapter 3.28,park dedication 578 Amends Ord. 389 §§ 2.1, 2.2, 2.3, (Repealed by 1202) ordinance and resolution passage 603 Adds Chapter 3.32„construction+tax (2.12) (3.32) 579 Ameuctiond 13e§ 1.5, 600) 604 Adopts Cupertino.Municipal Code obstruction (Repealed by 600) (1.01) 580 Amends Ord. 4 Art.. 1, food 605 Rezone'(Special) definitions (9.04) 606 Prezone (Special) 581 Amends:Ord, 475 § 2, agreements and 607 Rezone (Special) bonds (Title 18) 608 Park and recreation improvement 582 Repeals Ord. 381'§ 3, trees (Repealer) bonds(Special) 583 Amends,Ord. 13 § 10, taxicabs 609 Prezone (Special) (Repealed'by 866) 610 Prezone (Special) 584 Amends Ord. 167 § 10, handbills 611 Amends Chapter 108, sales and use (10:52) tax(3.08) 585 Amends Ord.,465 § 5, minors 612 Adds Chapter 8 05, noisy animals (Repealed by 1665) (Repealed by 1022) 586 Amends Ord. 447 §2, fireworks 613 Rezone (Special) (Repealed by 895) 614 Rezone (Special) 587 Amends Ord. 214 (a) §2.1, lot grades. 615 Rezone (Special) (Repealed by 597) 616 Amends,§ 15.08.090A, water 588 Amends Ord. 47 (Revised) § 13.4, (Repealed by 1776) subdivisions (Title 18) 617 Amends retirement system contract 589 Amends Ord. 39 §§ 1, 7, auctioneers (Special) (Repealed by 1705) 618 Amends,Ord. 2, zoning, repeals Ord. 590 Amends Ord. 413 §§ 12, 13, 2(o) (Repealed,by 1601) abandoned vehicles (11.04) 619 Prezone (Special) 591 Amends Ord. 47(a) §§ 1.1,2.1, 620 Rezone (Special) hillside subdivisions (18.16) 621 Adds Chapter 2.64, conflict of 592 Amends Ord, 166'§§;2,3, explosives interests.(Repealed by 1106) (10.20) 622' Amends § 10:1 of Ord. 533,,parking 593 (Missing) (Repealed by 824 and 843) 623 Rezone (Special) 2013,S=40 Cupertino -Comprehensive:Ordinance List 12 Ord. No. Ord. No. 624 Amends Ch. 16.32, swimming pools 656 Amends Ord. 353;:signs (Not codified) (16.32) 657 Amends§§ 10.1, 10.2-of Ord. 533, 625 Amends Ch. 16:20, Uniform Plumbing parking (Repealed by 824 and 843) Code(Repealed by 1708) 658 Amends,§ 13.1.1 and Exhibit A of Ord. 626 AmendsCh. 16.24, Uniform 492, bicycles (11.08) Mechanical Code (Repealed by 1709) 659 Amends!+§ 10.1 of Ord. 533, parking 627 AmendsCh-.. 16.04, Uniform Building, (Repealed by 824 and.843) Code (Repealed by 1796) 660 Rezone(Special) 628 Adds Ch.-16.40, Uniform Fire Code 661 Rezone (Special) (Repealed by 1711) 662 Rezone(Special) 629 Rezone.(Special) 663 Amends §§;53(a), 6.2(a), 7.5(a) of 630 Rezone(Special) Ord. 652,zoning (Not codified) 631 Rezone (Special) 664 Amends Ord. 220; repeals Ord. 632 Amends§§ 10.24.010, 10:24.040, '220(e), zoning (Repealed by 1601) 10.24:050 and 10:24.060, fireworks 665 Rezone'(Special) (Repealed by 895) 666 Prezone (Special) 633 Amends Ord. 490,."speed limits (Not 667 Amends §:16.04.060 of Ord. 627, codified) Uniform Building Code (Repealed by 634 Amends § 16.16.140, National 1706) Electrical Code (Repealed by 1707) 668 Adds'park''and recreation to Ord. 002; 635 Rezone (Special) repeals Ord. 002(v),,zoning(Repealed 636 Rezone (Special) by 1600 637 Amends ExhibitA of Ord. 467, stop 669 Rezone (Special) controls (Not codified) 670 Amends § 13.04.190A, park closing 638' Prezone(Special); hours (13.04) y 639 Prezone (Special) 671 Rezone (Special) 640 Prezone(Special) 672 Prezone(Special) 641 Rezone(Special) 673 Amends §§ 2.08.030,2.08.040, 642 Rezone (Special) 2.08.080, 2.08.090,"2.08.100; deletes 643 Rezone (Special) §§ 2.08.050, 2.08.060, City Council 644 Amends Ords. 533 and 533 (b), meetings (2.08) stopping, standing and parking 674 Amends §§ 9.1, 10.4'of Ord. 220(n), (Repealed,by 824 and.843) zoning (Repealed by;991) 645 Prezone:(Special) 675 Prezone (Special) 646 Rezone'(Special) 676 Rezone'(Special) 647 Rezone(Special) 677 Rezone(Special) '648 Rezone.(Special) 678 Rezone (Special) 649 Amends,Exhibit-A of Ord.492; 679 Adds Ch. 2.68, Library Commission bicycle lanes (Not codifed) (2.68) 650 Amends.§§2.20.020; 2.20.100, 680 Amends § 10.4 of Ord. 533, parking 2.20.110, 2.24.010,2:24:020,, (Repealed by 824 and 843) 2.24.030 and 2.48.020; adds 681 Rezone(Special) §2.24.050; repeals §§x2.20.040 and 682 Rezone (Special) 2.20.090; treasury and fiscal duties 683 Rezone (Special) (2'20, 2.24,'2.48) 684 Amends'Ord. 490, speed limits (Not 651 Rezone (Special) codified) 652 .Amends Ords. 2 (a) and 2(e)(1), 685 Adds Chapter 2.68, child care expense zoning(Repealed by 1601) for'specifc committee members 653 Adds Ch. 10.45, nighttime deliveries (Repealed by 1697) to commercial establishments 685-A Amends Chapter 2.72,.expense (Repealed by 1022)' reimbursement (Repealed by 1697) 654 (Number not G) 655 Rezone (Special) 1 19 Comprehensive Ordinance List Ord. No. Ord. No. 1101 Amends § 11.31:020, parking,on city 1135 Amends §§11.24.160, parking (11.24) property (11.31) 1136 Amends Ord. 652,;zoning (Repealed 1102, Medfly spraying (Special) by 1601) 1103 Rezone (Special) 1137 Amends § 15.08.020, metered water 1104 Prezone (Special) service (Repealed by 1776) 1105 Amends contract between City Council 1138 Adds H to §§'11.26.110, parking 'and:Public Ernployees''Retirement (1.1.26). System (Special) 1139 Rezone (Special) 1106 RepealsCh.2.64 (Repealer) 1140 Amends §;11.24.150, parking (11.24) 1107 Adds subsections 28 and 29 to 1141 Amends §;11.28.070, parking § 10:48.010, community noise control (Repealed by 1301) (10.48) 1142 Rezone (Special) 1108 (Not enacted) 1143 Amends'Ch. 16.08, excavations, 1109 Repeals"§ 16.40.090, fire code grading and,retaining walls(16:08) (Repealer) 1144. Rezone (Special) 1110 Rezone:(Special) 1145 Rezone(Special) 1111 Amends Ch. 10.24, fireworks(10.24) 1146 Rezone (Special) 1112 Rezone,(Special) 1147 Amends contract with Board of 1113:. Amends Ch., 16.40, fire:code Administration of California Public (Repealed by 1711) Employees Retirement'System.(Not 1114 Prezone'(Special) codified) 1115 . Amends § 11.24.150, vehicles and 1-148 Amends,§ 11.24.150, parking traffic (11.24) prohibitions=(11.24) 1116 Amends(§§'8`08.040, 8.08:080, 1149 Amends § 10.48.062, noise control 8.08.085, 8.08.100, 8.08.220, (10:48) 8.08.270'and 8.08.330, animal and 1150 'Date of municipal elections rabies control (Repealed by.1 631) (Superseded by 1164) 1117 Adds Ch. 5.40, secondhand dealers 1151 Amends §§,1 1.24.150 and'11:24.160, (5.40) parking prohibitions (11.24) 1118 Amends §§ 11.24. and 11.24.160, 1152 Amends §§'11,24.1'50 and 11.24.160, vehicles and-traffic (11.24) parking prohibitions (11:24) 1119 Adds §.2.08.135, city council (2.08) 1153 Rezone (Special) 1120 Rezone (Special) 1154 Rezone (Special) 1121 Rezone(Special) 1155 Amends § 11.24.150, parking, 1122 Rezone (Special) prohibitions (11:24) 1123 Rezone(Special) 1156 Amends §-'11.20.020, stops(11.20) 1-124 Amends §§ 11.24.1501and 11.24.160, 1157 Prezone (Special) vehicles',and traffic (11:24) 1158 Rezone (Special) 1125 Rezone (Special) 1159 Prezone (Special) 1126 Rezone'(Special) 1160 Rezone (Special) 1127 Rezone,(Special) 1161. Rezone (Special) 1128 Rezone (Special) 1162 Rezone'(Special) 1129 Amends§§ 11.24.150, parking(11.24) 1163 Amends.§•'11:24.170, parking (11.24) 1130 Amends §§ 11.20.020 and 11.20.030, 1164 Supersedes'Ord. 17501 date of general stop signs (11.20) municipal elections (2.76) 1131 Amends Oid. 220(1), zoning 1165 Rezone (Special) (Repealed by 1601) 1166 Amends,§§.2.32.020,:2.36.020, 1132 Rezone,(Special) 2.44:040,'2:60.020, 2.68.020 and 1133 Amends,§ 2.08.090, order-of business 2.74.020, appointments to.advisory at.citycouncil meetings (2.08) bodies (2.32, 2.36, 2.60, 2.68,2.74) 1134 Amends Chapter.16.12, preliminary soils report(16.12) Cupertino- Comprehensive.Ordinance List 20 Ord. No. Ord. No. 1167 .Amends:§§2.62.040, 2.36.040, 1187 Amends'§ 3.12.030, transient 2.38.040; 2.44.040, 2.60.040, occupancytax'(3'.12) 2.68.040.and 2.74.040,.offiicerstof 1.188 Amends§§°8.08.070 and 8.08.200, advisory bodies+(2:32, 2.36,.2.60, animal control (Repealed by 16314 2!68,2.74) 1489 ' Adds §§ 8.08:391.and 8.08.392;' 1168 Adds §§ 16.40:165,.16.40.166 and amends §§•8.08.040, 8.08:380, 16.40.180, smokedetectiondevices 8.08.390; 8.08.400, 8.08.420-- (Repealed''by 1711) 8.08.480, animal control (Repealed by 1169 Rezone (Special) 1631) 1170 Amends §•11.24.150, parking,(11.24) 1190 (Not used) 1171 Prezone:(Special) 1191 Extends expiration date of Ch. 10.26, 1172 Amends §§ 11:24.150 and 11.24.160, police alarm systems:and devices stopping, standing and parking (11.24) (10.26) 1173 Amends§,11.08.290, bicycle:lanes; 1.192 Amends § 2.08.090, city council (11.08) meetings (2.08) 1174 Prezonet(Special) 1193 (Not;adopted) 1175 Adds Ch. 1.5.30, cross-connections and 1194 Rezone(Special) backflow protection(Repealed'by 1195] Prezone(Special) 1776) .1196 Amends'§ 11.32.090,truck traffic 1176 Extends Ch. 10.26, police alarm routes (11.32) systems (Special) 1197 Adds Ch. 11.27, permit parking zone 1177 Rezone (Special) (1-1.27) 1-178 Amends § 11.24•.150, parking 1198 Rezone (Special) restrictions (11.24) 1199 Adds §2.44:120, architectural and site 1179 Adds §§ 5.08110, 5140.070, approval committee (Repealed by 16.44.150 and 16.52,016; amends 1630) f §§ 1.12.010,'3.08.170, 3.09.170, 1200 Amends §'16.12.020, preliminary soil v 3.12.140, 5.04.560„5.16.070, report (16.12) 5.24.150, 6:24.220,.8:04.150, 1201 Rezone'(Special) 9.04.130, 10.10:030, 10.28.020, 1202 Amends Title 18„subdivisions (Title 10.46.070, 10.48:012, 10.52.090, 18) 10.68.060, 10.76.020, 11.26.130, 1203 Amends'§§ 11.24.150 and 11.24.160, 11:28.060, 11.32.090, 13.04.240, parking.(11.24) 14.08.100(Repealed by'Ord. 1204 Adds to § 11.20:020, stop intersections 132110), 14.20.120, 16.28.080, (11.20) 16.32.080 and 18:24.080, penalties; 1205 (Not enacted) repeals §,18.1 of Ord. 002(4), § 71 of 1206 Rezone (Special) Ord. 276,:and §.16.04.160(1.12, 1207 Amends §§ 10.26:080, 10.26.090 and 3.08, 3.12, 5.04, 5.16, 5.40, 9.04, 10.26.140 and repeals 10.26.180, 10.10, 10.48, 10.52, 10.76, 11.26, police alarms (10.26) 11.28, 11.32, 13.04, 14.08, 14:20, 1208 Adds subsection F to § 17.32.100 and 16.28 (Repealed by Ord. 2085), 16.32, '§ 17.08.085; amends § 17.32.070; 16.52, Title 18) signs (1,7 08; 17.32) 1180 Date of general elections.(Repealed by 1209. Rezone (Special) 1697) 1210 Amends:subsection A of'§ 3.12.030, 1181 Amends § 11.20.030,.all-directional transient occupancy tax (3.12) vehicular stop (11:20) 1211 Amends Ch. 11.30, traffic'in 1182 Rezone (Special) downtown area (11.30) 1183 Rezone (Special) 1213 Amends,§ 2:32.050, planning 1184 Rezone,(Special) commission (2.32) 1185 Rezone (Special) 1215 Adds §-8.08.255, rabies,control 1186 Repeals subsection,(k) of§ 15.12.080, (Repealedby 1631) waterworks system (Repealed by 1776) .1217 Amends § 15.08.020, water rates (Repealed by 1776) 2013 S-40 37 Comprehensive Ordinance,List Ord. No. Ord. No. 3.23:020--3.23.050, 123.100 and 1925 Amends § 14.04.040, street 3.23.130„revenue"and finance (3.22, improvement requirements, and 3.23) § 18.32:030„subdivision frontage 1898 Amendsti 11.08.270; roller skates and improvements (14.04, 18.32) skateboards (11.08) 1926 Amends Ch. 17.32, temporary signs. 1899 Rezone (Special) (17.325(Repealed by Ord. 20851 1900 Repeals'and•replaces §,3.23.160, 1927 Rezones certain.land; adds public works.contract and bidding § 19.28.105"(19.28); rescinds Ord. procedures (3.23) 1902 1901 Amends Title 19, §§,19.112.020 and 1928 Rezones certain land (Not.codified) 19.112.050, zoning of dwelling;units 1929 Rezones certain land (Notcodified) (19.112) 1930 Amends §:11.24.170,,parking (11.24) 1902 Adoption of.interim.proceduresto 1933 Rezones certain land.(Not codified) rezone 19 acresof land (Not codified) 1934 Amends §2.80.010, Fine Arts (rescinded by Ord. 1927) Commission established (2:80) 1903 Amends a contract between the city 1936 Amends'development agreement and the,state's,PERSt(Notcodified) between city,.and Vallco International 1904 Amends Title 10, curfew Shopping Center, LLC (Not codified) 1905 Amends Title 16, flood damage 1940 Amends Ch, 19.100, parking 1906 Home maintenance activities, Title 16 regulations; repeals;Ch 11.29, on-site 1907 Amends Title 16, adoption of building parking (11.29, 19.100(Repealed by codes (16.04.1,70- 16.04.220, Ord.,2085)) (Ch. 19.100 renumbered . 16.04.240- 16.04.330 Repealed by as 19.724:by Ord. 2085) , Ord. 2021; 16.04.230 Repealed by 1941 Amends §2.04.010, City Council- Ord. 2072) regular meetings'(2.04) ` 1908 Amends Title 16, Mechanical Code . 1942 Amends 2.32.050, Planning �/ 1909 Amends Title 16„Plumbing Code Commission meetings (2:32) 1910 Amends Title 16, Electrical Code 1943 Amends § 13.04.130, behavior of (Repealed by Ord. 2017) persons*in parks (13.04) • 1911 Repeals old Fire Code provisions in 1944 Amends § 16,08.210, grading permits Title 16 - limitationsand conditions (16.08) 1912 Amends Title 2,.Disaster Council 1945 Amends §§.9.08.020 - 9.08.040, 1913 Amends Title 2, Audit Committee 9.08.060—9.08.110, weed abatement 1914 Amends Title 11, parking (9.08) 1916 Amends Title 11, skateboarding,and, 1946 Rezones certain land(Not codified) rollerskating . 1947 Modifies development agreement for 1917 Amends Title 9, massage and , new retail space, residential units and occupational therapists parking structure (Not codified) 1918 Amends Title 10, graffiti 1948 Amends § 18.28.030, application; and 1919 Rezones certain land (Not codified) §18:28.040; filing and processing 1920 Rezones certain land'(Not codified) (18.28) 1921 Amends §§ 10.48.040, 10.48.051, 1949 Not'used restriction of landscape maintenance 1950 Rezones certain land (Not codified) activities (10;48) 1951 Amends §2.24.020, payment 1922 Amends Ch. 9.18,stormwater procedure,(2.24) pollution prevention,and.watershed 1952 Amends § 2.04.030, City Council - protectiom(9.18) (9.18.050, 9.18.130 placeofineetings (2.04) and 9.18.140 Repealed by Ord, 2088) 1954 Amends'Ch. 19.28, single-family 1923 Amends §9.08:080, notice:of report residential (R1) zones; repeals (9.085 §§ 19.28.105, 19.28.150, 19.28.160 1924 Rezones certain land (Notcodified) and Appendices A, B and C.(19.28) ( / 2012 S-32 Cupertino- Comprehensive Ordinance.List 38 Ord.,No. Ord.'No. 1956 Repeals Ch. 2.06- City Council - 1982 Amends Ch. 9.18, Stormwater campaign finance (2.06) Pollution Prevention and Watershed 1958 Amends §`2.04.010, regular meetings Protection (9.18) (9.18.050, 9.18.130 (2.04) and 9.18.140 Repealed by Ord..2088) 1959 Rezones certain,land (Not codified) 1985 Amending City Council.Salaries (2.16) 1960 Repeals Ch. 20.02, general plan 1986 Rezones certain land (Not codified) 1963 Amends § 9.06.110, massage.therapist 1987 Amends Title 17, Signs (17) (Title 17 permit-criteria for issuance and Repealed by Ord. 2085) Amends § 9.06.120,massage therapist practical § 19.104.010; zoning (19.104) examination (9.06) 1988 Establishes regulations concerning 1964 Amendsv§§,2.60.040 and 2.68.040, Claims Against•City (1.18) meetings-quorum-officers-staff, and 1989 Amends § 1'1.27.145concerning §§`2.80.050 and 2:92.050, designation.of preferential'parking meetings-quorum (2.60, 2.68,'2.80, zones (11.27) 2.92) 1990 Amends § 11:24:150 concerning 1965 Amends Ch. 2.74, Cupertino parking prohibitions along certain technology, information,.and streets (11.24) communications commission (2.74) 1991 Amends § 11.24.170 concerning. 1966 Amends § 14.04.230, Street parking limitations on certain streets improvements=exceptions'(14.04) (11.24) 1967 Amends Ch. 9.18, stormwater 1992 Establishes regulations regarding water pollution'.prevention`and watershed resource protection;(9.19) protection.(9.18).(9.1'8.050, 9.18.130 1993' Rezones certain land (Not"codified) and 9.18.140 Repealedtby Ord.2088) 1994 Rezones certainland (Not codified) 1968 Amends § 11.24,150 to remove the, 1995 Amends § 2 74:010 concerning prohibition of parking on the west side Technology, Information, and of Vista Drive between Apple Tree Commumcations Commission (2 74) drive and a point 200 feet south 1999 Amends § 11.24.140 concerning. (11.24) parking+for purposes of servicing or 1969 Modifies development agreement 'repairing (11.24) e1-DA-90) to extend its.term and to 2000 Amends § 19.28.060 regarding revise use and permit requirements development regulations (19.28)' related to hotels, garages, (Repealed by Ord. 2085) neighborhood meetings, and public 2002 Amends § 11.24.170, relating to hearings at Vallco (Not codified). parking limitations;on Torre street 1972 Rezones certain land (Not codified) (11.24) 1973 Rezones certain land,(Not codified) 2003 Amends Ch. 14.18 regarding the 1974 Amends §§ 2.32.020,:2.36.020, protection of trees (14.18) 2.68.030„2.74.020;:2.80.020, 2005 Amends,§ 14 08.010 relating to the 2.86.030;and,2.88.030,terms of definition of City Manager and adds office, members and meetings-quorum § 14.08:035 relating,to permit notice (2.32, 2.36, 2;68, 2.74, 2:80, 2.86,. requirements (14.68) (Repealed by 2.88). Ord. 13-2110) 1975 Not in effect:due:to referendum 2006 Amends'§ 11.24.150)prohibiting 1977 Not in effect due=to referendum parking on Hoo Hoo Way (11.24) 1979 Amends Ch. 16.28, Fences and adds 2007 Rezones certain land(Not codified) § 16.28.080, prohibited fences;(16.28) 2008 Amending § 2t08.096 regarding the (Repealed by Ord. 2085) filing deadline for a petition`for reconsideration (2.08) 2009 Adding.Chapter 2.17 relating to City Council/City Staff relationships"(2..17) 2013 S-40 I 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 (Rl) 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 altemative.development 2089 Amending Chapter 3.12.030 increasing program(Not codified) the transient occupancy-tax rate (3.1-2) 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 atcertain 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 §,16,08200; amends Title 18, Ch. (2.18) 18.04, 18.08, 18.12, 18.16, 18.20, 2097 Amends 2.28.040 regarding-City . 1824„ 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 1 19.16, 19.20, 19,24, 19 28, 1912, (19.104) / 19.36, 19.46, 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 99.164, 19:168;,repeals Title 17(2.90, (1.1-2, 13.04) 9.16, 14.18, 16.08, 18.04, 18.08, 13-2102 Adds Ch. 9,17, regulation of single- 18.12, 18.16, 18:20, 18.24, 18.28, use+carryout bags (9.17) 18.32, 18.36, 18.40, :18.44, 18:48, 13-2103 Amends 9.18.020, 9.18210, 18.52, 18-.56, 19.04, 19.08, 19.12, 9.18260;adds 9.18.215'regarding 19.16, 19:20, 19.24, 19.28, 19.32, stormwater pollution prevention(9.18) 19:36, 19:40, 19:44, 19.48, 19.52, 13-2104 Rezoning certain 1and.(Notcodified) 19.56, 19.60, 19:64,19.68, 19.72, 13-2105 Amends 8.03.010 and 13.04.130 19:76, 19:80, 19.84, 19.88, 19,92, regarding dogs,off:leash (8.03, 13.04) 19,96, 19:100, 19.104, 19.108, 19.112, 13-2106 Amends 2.04.005,.date of general 19.116„19.120, 19.124, 19.128, municipal.election(2.04) 19:132, 19.136, 19:540, 19.144, 13-2107 Amends Ch. 14.18, protected trees 19.148, 19.152, 19.156, 19.160, (14.18) 19.164, 19.168) 13-2108. Amends 5.32.060,5:32.090, 2086 Amending the zoning.map (Not 5.32.100,'5.32.190- 5.32.260, codified) 5.32.280 - 5.32.330 regarding bingo 2087 Amending the Heart of the City Specific (5:32) Plan(Not codified) 13=2109 Amends 14.04.170 and 18.32.390 regarding acceptance of public improvements (14.04, 18.32) 2013,S-40 Cupertino— Comprehensive:Ordinance List 42 Ord. No. Ord. No. U 13-2110 Repealing and replacing Ch. 14.08, encroachments and use of city rights- of-way (14.08) 13-2111 Amends 44.12.120 regarding condition for developmentor building permit (14.12) U 2013 S-40 5 Index ARTWORK, REQUIRED.IN PUBLIC AND PRIVATE -- DEVELOPMENTS Applicability of.regulations 19.,148:020 BAGS Application for public artwork 19.148.050 See SINGLE-USE CARRYOUT BAGS Design:criteria"and artist qualifications 19.148:060 Ineligible artwork 19.148.040 BAR In lieu fee.for artwork-is discouraged 19:.148.090 See RESTAURANT Maintenance requirements 19.148.080 Minimum artwork value.19.148.070 BICYCLE Permitted artwork 19.148.030 Administration 11.08.020 Purpose•and:intent 19.148.010 Attaching to vehicle, prohibited 1.1.08.170, Bicycle lanes ATHLETIC EVENT designated 11.08.250 Regulations, permit use regulations 11.08.190 See,PARADES-AND ATHLETIC EVENTS vehicles using prohibited 11.08.230 Dealers ATTORNEY,,CITY purchaser education 11.08:110 Assistant, acting, when 2.18.070 registration verification 11.08.100 Bond.requirements 2.18.060 Definitions 11.08.010--11.08:015 City staff, relations with 2.18:040 Equipment requirements 11.08.130 Conflict of interest 2.64.020 Impoundment 11,08.240 Council, relations with 2.18.030 Lane position requirements 11.08,150 Eligibility, 2.18.100 License Employment agreement 2.18.080 address-change notification 1.1:08:090 Office established 2.18.010 alteration, destruction prohibited 11:08.061 Powers, duties 2.18:020 existing, validity 11.08.070 Public, relations with 2.18.050 fees 11.08.120 Renal dispute mediation indicia, renewal .11.08.050 appeal duties 2.78.080 issuance, 11.08.040 subpoena duties 2.78.040 transferability .11.08.080 Staff 2.18.090 Package carrying,restrictions 11.08.220 Suspension, removal, resignation 2.18.1-10 Pedestrian path use exernptions 11.08.180. AUDIT COMMITTEE restrictions 11.08.160 Chair 2.88:050 Registration.certificate City powers unchanged 2.88.130 See also License City staff 2.88.110 issuance 11.08.060 Compensation, expense reimbursement 2.88.070 Regulations,generally 1'1:08.020 Established, composition 2.88,010 Riding restrictions 11.08.210 Meetings 2.88.060 Roller skates Members See ROLLER SKATES at large 2.88.020 Routes designated 11.08.260 vacancy 2.88.040 Skateboards Powers, duties 2:88.100 See-SKATEBOARDS Recordkeeping 2.88.090 Traffic laws applicability 11.08.140 Rules, regulations 2.88:120 Violation, penalty 11.08.280 Term 2.88:030 Walking, pedestrian laws applicable 11.08:200 Voting 2.88.080 BINGO AUTO COURT Administrative authority designated 5.32.170 Business license tax rate 5.04.390 Authority 5.32.010 Defined 5:32.020 Equipment 5.32.090 Financial interest limited. 5.32.100 Hours 5.32.150 Inspection.authority 5.32.180 2013 S-40 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 toLconduct 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 togsupplement 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 ��` J1 Violation, Penalty 5.325360 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 Plumbingcode 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 1'6.12.060 code adoption 16.12.010 contents 16.12.030 preparation 16.12.040 required 16.12:020 Swimming pool •See;SWIMMING POOL r 2013.5-38 11 :Index EMPLOYEE, CITY Civil engineer grading supervision 16:08.230 See also Specific Employee Definitions 16.08.020 Communication With public Engineering;geological reports 16.08.120 See.COMMUNICATION'WITH CITY Fees 16.08.160 See OFFICIALS Grading General personnel policies See also.Specific.Type or Phase See PERSONNEL. emergencypermitissuance; -16,08.185 supervision 16.08.230 EMPLOYEES'RETIREMENT SYSTEM Inspections 16.08.250 See.PERSONNEL Interim plan 16.08.110 Limitationslof provisions 16.08:040 ENERGY CODE ADOPTED Modifications 16.08.240 Code adopted 16:54.010 Permit application contents 16.08.080 ENCROACHMENTS approval conditions 16.08.190 See:STREETS AND SIDEWALKS denial 16.08.180 design standards 16.08.200 ENGINEER, CITY emergencies 16.08.185 Encroachment permit issuance 14.08.050 exemptions Preliminary soil report approval 16.12.050 categorical 16M8.070 Truck route signing 11.32.020 generally 16.08.060 issuance conditions. 7 6.08.170 ENVIRONMENTAL PROTECTION limitations, conditions 16.08.210 CEQA guidelines adopted 2.84,090 permittee;responsibility 16.08.220 revocation 16.08.280 ENVIRONMENTAL REVIEW COMMITTEE suspension 16108.270 U Appeals 2:84.100 Chairperson 2.84.030 Permittee responsibility 16.08,220 Purpose of provisions 16:08.010 City powers not.restricted 7.84.120 ,Scope 16:08.050 Compensation, expense.reimbursement 2.84.050 Severability 16.08.030 Environmental assessment fee 2.84:110 Site map, grading plan'required 16:08:100 Established, composition 2.84.010 Soils engineering reports 16.08.130 Meetings Title of chapter 16.08.000 majority vote 2.84.060 Violation • quorum 2.84.040 penalties designated 16.081290 Office, term 2.84.020 remedies deemed cumulative 16.08.300 Powers, duties 2.84.080 Work Record.of proceedings 2:84,070 completion notice,.report 16:08.260 schedule required 16.08.140 EQUIPMENT, SURPLUS, SALE Auction EXPLOSIVES bidding, payment 3.25.060 Disposal 6.24.100 required 3.25:050 Permit Between agencies 3:25.080 issuance 10:20.020 Centralization required' 3.25 030 required, application 10.20.010 Notice 3:25.040 Storage 10:20.030 Officer designated, powers, duties generally Violation, penalty 10:20.040. '3.25.020 Open^market, when 3:25.070 F__ System adopted :3.25.010 To officer, employee of city,.restrictions 3125.090 FALSE ALARM Transfer to charity, public agency 3.25.100 See ALARM EXCAVATION, GRADING, RETAINING WALLS FAMILY CARE HOME. Appeals 16.08.265 Business license Bond requirements 16.08.150 See also BUSINESS LICENSE fee 5.04:410 2013 S-40 Cupertino -Index 12 FENCE Definitions 16.40.070, 16.40:225, 16:40.250, See,ZONING 16.40:310, 16,40.420 Electrical equipment, wiring,and hazards 16.40.180 FINANCE. Emergency responder radio coverage 16.40.150 See PURCHASING Emergency planning and preparedness,16.40.090 Explosives and fireworks 16.40.370 FINANCE DIRECTOR Fire apparatus,access-roads 16.40.120 Purchasing officer; designation, duties Fire protection systems 16:40.200 See PURCHASING OFFICER Fire safety Storm drainage service•charge During construction and demolition 16.40.220 bill correctiomauthority 3.36.150 Fire service features 16.40.110 collection duties Flammable and combustible.liquids 16.40:380 balance payments 3.36.090 General 16:40.300,.16:40:410 generally 3.36.080 General precautions against fire.16:40.080 omitted'charges 3.36.100 General requirements 16.40.320 premises'inspection authority 3.36.190 Hazardous.materials,16.40.290 Hazards to firefighters 16.40.140 FINANCE OFFICER Highly toxic and toxic materials 16.40.400 Alarm systems • Means.of egress 16.40:'230 administration and enforcement 10.26.100 Precautions•against fire 16.40.225 appeals;hearing 10.26.120 Permits 16:40.065 Requirements for Wildland-Urban interface fire areas FINE ARTS,ACTIVITIES Access 16.40.490 Regulations generally 2.80.080 Application 16.40.475 Defensible space 16.40.480 FINE ARTS COMMISSION Definitions 16:40.460 Compensation, expenses 2.80.090 Dumping, 16.40.690 Effect of provisions 2:80.100 Fire protection plan 16.40.470 Established, appointment, composition 2.80:010 Ignition source control 16:40.650 Meetings Liquified petroleum gas installations 16.40.680 generally 2.80:050 Outdoor fires 16:40.660 quorum 2.80:050 Protection of pumps and water storage voting, requirements. 2.80:060 facilities 16.40.700 Members appointment, composition 2.80'010 term of office 2.80.020 vacancy filling, removal procedures, 2.80:030 Officers 2.80.040 Powers, duties generally 2.80:080 Recordkeeping. 2.80.070 FIRE See FIRE CODE. See SMOKING FIRE CODE Access to buildings and roofs 16:40.130 Administration 16:40.020 Adoption 16.40.010 Adoption of appendix chapters 16.40:015 Automatic sprinkler systems 16.40:210 Building:service and features 16.40.160 Corrosive:materials'16:40,350 Decorative vegetation in,new-and existing buildings 16:40:195 2012 S=31 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 2.861130 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 Soildanalysis'14'_15.070 selection, qualifications, residency 2.86.020 Water budget calculation 14.15.060 Power, duties, responsibilitiesgenerally 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 Record's 2.68:060 IMPROVEMENTS, STREET Term of office 2:68.020 See STREET IMPROVEMENT Vacancy, removal 2.68.030 INSPECTION LICENSE' Exemption fromprovisions 1.08.020 See also PERMIT Notification of rights 1.08.030 Bicycle 1.1-.08.020 Warrant required 1.08.010 Bingo 5.32.190, 5.32.270 Business' J-- See BUSINESS'LICENSE Cat 8.08:350 JUNKYARD Commercial advertising 10.52.060 Business license Dog 8.08:260 See also BUSINESS LICENSE fee 5:04:350 LIQUOR Alcoholic beverages, gasoline concurrentsales IC 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, inoperativewehicle 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 5.32.25,0 Operating:requirements 9:06.193 Bingo, provisions administration 6.32.170 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 permihrequirements 9:06.080 Created 2.28.010 massage;:therapist Departmental,organization authority 2.48:030 annual medical examination 9 06.160' Director'ofemergency services 2.40.050 criteria 9.06.110 Eligibility,bond 2.28.030 practical examination 9.06.120 Garage„patio sale enforcement authority 5.16.060 outcall massage Grocery store.enforcement authority 5.36:060 application 9.06.180 Park and/or building permit issuance 13.04.040 criteria 9.06.190 Parks administration 13.04.220 Prohibited acts 9.06.198 Pedestrian regulations administration 11.09.020 Purpose of provisions 9.06.010 Powers, duties 2.28.040 Sanitary conditions, 9.06.196 Relations with council 2.28:050 Violation Sales and use tax, alternate, collection 3.09.050 continuing 9:06.260 Solicitor alternative remedies 9.06.260 administrative authority 5.20.100 penalty 9.06:250 -identificatiotrpermit publicnuisance 9.06.240 application investigation 5.20.020 revocation, duties 5.20.070 MAYOR Street tree enforcement 14.12.040 Board of appeals appointment 16.04.02.0 Surplus sales officer duties 3.25.020 Disaster council chairman 2.40.030 Suspension, removal, resignation 2.28.090 Electrical;.board of appeals appointment 16.16.130 Taxicab driver license suspension,.revocation Employees' retirement system,execution 2.56.020 5.28.180. Temporary absence, replacement 2.28.070 MECHANICAL CODE' Traffic Adopted 16.24.010 speed-limit signing 11.12.040 Adoption of appendix chapters 16.24.015 stop intersection signing 11..20:040 Amendments Water Section 310.1 16:24.030 department duties 15.12.090. Table No 1-A 16.24.070 provisions enforcement 15..12.050 Appeals 1614.060 Condensate wastes 16.24'.030 MASSAGE ESTABLISHMENTS, SERVICES Name substitution 16.24:020 Conditions of premises 9.06.196 Permit fees 16.24.070 Definitions 9.06:020 Violation, penalty 16.24.080 2013 S-40 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 ofinerchandise,.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 1-1.24.130 Permit Space marking 11.24.070 application 1.1.27.100 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 14.055070 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, 1.1.26.060 Advertising, sale restrictions. 13.04.180 prohibited where 11.26.110 BehãViot.in, requirements 13.04.130 purpose of-provisions -1-1.26.010 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'SUBDI V ISION ( J Definitions 13.04.020 `ems ,' 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 S08,380 designation 13.04.201 vicious 8.08.085,8:08.460 regulations generally 13.04.202' Encroachment 14.08.020 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 1636.020 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 2013.5-40 i 24A Index Subpoena RETIREMENT SYSTEM application See PERSONNEL contents 2.78.050 procedure 2.78.040 REVENUE form, serving 2.78.060 See TAX issuance authority 2.78.020 RIGHT OF ENTRY findings required 2.78.070 See INSPECTION' restrictions 2.78.030 ROLLER SKATES RESIDENTIAL CODE ADOPTED Defined 11.08..014 Adoption of Appendix•chapters 16.06.15 Prohibited where 11.08.270 Automaiic fire•sprinkler systems 16.06:050 Violations, penalties 11.08.280 CodeAdoption 16.06.010 Footings 16.06.070 --S.- Intermittent,brace wall panel construction methods 16.06.100 SAFETY ASSESSMENT PLACARDS Materialsand construction methods for Application of provisions 16.80.020 exterior wildfire exposure 16.06:060 Definitions 16.80.0.30_ Roof covering classification 16.06.080 Intent 16.80.010 Seismic reinforcing 16.06.090 Placards 16.80.040 RESOLUTION SALE OF SURPLUS SUPPLIES, EQUIPMENT See also ORDINANCE See EQUIPMENT, SURPLUS, SALE Money,payment, adoption 2.12.030 Official forms 2.12.070 SALES AND USE'TAX Administration, state•contract 3.08.050 RESTAURANT Collection, enjoining prohibited 108.160 Definitions 9.04.010 Exemptions, exclusions 3.08.120 Food, unwholesome, destruction authority 9.04.100 Operative date 3.08.030 Meat Purpose 3.08.040 inspection required 9.04.110 Rate 3.08.020 manufacturing requirements 9.04.120 Sales Permit place, consummation 3.08.070 application, issuance. 9.04.030 tax, imposed 3.08.060 denial 9.04.050 Short title 3.08.010 State code fee 9.04.040 additional permits.not required 3.08.110 nontransferable 9.04.070 amendments, chapter applicability 3.08.150 required 9.04.020 limitations 3.08.100 revocation, suspension 9:04.060 provisions adopted 3.08.090 Prima facie evidence 9.04.090 Use tax,'imposed 3.08.080 Rules, regulations 9.04080 Violation, penalty 3.08.170 Smoking See SMOKING SALESPERSON Violation, penalty 9.04.130 Business license See also BUSINESS LICENSE REST HOME fee 5.04.290 Business license See also BUSINESS LICENSE SAN JOSE WATERWORKS fee 5.04.410 See FRANCHISE RETAINING WALL See,EXCAVATION, GRADING, RETAINING WALLS 2013 S-40 Cupertino - Index 24B Le) Li L/ 25 Index SEASONAL LOT staff change investigation 5.32.260 Business license Private patrol See'also BUSINESS LICENSE identification card issuance 5.24.130 fee 5.04.330 permit application approval 5.24.040 uniform, equipment approval, inspection SECONDHAND-DEALER 5.24.120 Applicability of provisions 5.40.010 Definitions 5.40.020 SHOPPING CENTER Inspection authority 5:40.030 See also TRESPASSING Free speech activity restrictions 10.56:040_ SEISMIC SAFETY See TOXICGASES SIDEWALK See STREETS AND SIDEWALKS SEWER See al'so;SUBDIVISION SIGN See also WATER abandoned or discontinued signs 19.104.320 See aIsoWATER.POLLUTION appeals 19.104.070 See also PREVENTION applicability of regulations 19.104.020 Abandoned system 15.20.140, beverage'container recycling signs 19.104.180 Appeals, generally 15.20.190 changeable copy signs 19.104.180 Applicability of provisions 15.20.010 construction and maintenance specifications Alteratibn, permit required 15.20.079 19.104.090 Building;permit issuance requirements .15.20.100 decorative statuary .19.104.180 Definitions 15:20.020 electronic,readerboard-signs 19.104.180 Enforcement'authority,designated 15.20.170 enforcement of provisions 19.104.300 Failing-system,correction responsibilities 15:20.130 Example-of How to Figure Size and Location of Installation, construction, alteration inspections Ground Signs, Ch. 19.104, Appendix-A 15.20:.110 Examples of Well Proportioned Signs; Examples of state contractor's license required 15:20.090 Signs Not Well Proportioned,.Ch. 19.104, Liability disclaimer 15.20.160 Appendix C New construction, permit required 15.20.060 exception; findings 19.104.290 Nuisance declarations 15.20.120 freeway orientation 19.104.200 Permitrequired 'gasoline station signs 19.104-.170 -alterations 15.20.070 ground signs 19.104.160 new construction 15.20.060 illegal signs septic tanks 15.20.080 authority to remove-in public-fight-of-way Private system requirements 15.20.040 or on public property 19.104.340 Purpose of provisions 15.20:010 court action authorized 19:104370 Sanitary.sewer,public,.required, exceptions deemed public nuisance 19.104.370 15:20.030 private property 19.104:330 Septic tank requirements 15.20.080 public property 19.340.340 Soil tests 15.20:050 responsible party for costs-and fees State contractor's license required when 15.20.090 19.104.360 Violations storage, reclamation and disposal of designated 15520.180 19.104.360 recording notice 15.20.150 summary removal authorized 19.104.3.50 illumination-restrictions 19.104.230 SHEEP inspection requirements 19.104.060 See ANIMAL landmark signs 19.104.210; Ch. 19.104, Appendix B SHERIFF neon signs,;exposed-& visible 19.104.180 Bingo nonconforming signs 19.104.310 inspection 5.32.180 obstructions prohibited 19.104.080 license-applicant investigation 5.32.210 penalty 19.104.380 2013 S-40 Cupertino-Index 26 permanent SMOKING IN RECREATIONAL AREAS blade.signs &logos; symbols or insignias Definitions 10.90:010 19.104.150 Other.requirements and prohibitions 10.90:030 design criteria 19.104 220 Smoking prohibited 10.90.020 wall signs 19.104.140 Violation - penalty 10.90.040 window signs 19.104.150 permit:required 19.104.030 SODA FOUNTAIN private property, illegal signs ,19.104.330 See RESTAURANT prohibited.signs 19.104.110 purpose and intent 19.104.010 SOILS REPORT responsible party for costs and fees.19.104.360 See BUILDING sign program; applicability, requirements SUBDIVISION and findings. 19.104.130 sign permit application; review criteria SOLICITOR 19.104.050 See also STREETS,SIDEWALKS application requirements 19.104:040 Administrative authority 5.20.100 signs exempt from permit requirements 19.104.100 Business license signs in and near residential districts 19..104.190 See also BUSINESS LICENSE. signs in special planning districts 19.104.120 • fee 5.04.290 storage'of-removed signs' 19.104.360 Definitions 5.20:010 summary.removal.authorized.19.104.35.0 Exemptions from provisions 5.20.015 temporary Hours of operation 5:20:0.90 flags 19.104.250 Identification permit garage sales 19.104.250 denial, appeal 5.20.050 location 19.104.240 display on demand 5.20.120 political signs 19.104.250 issuance 5.20.040 portable signs and displays 19.104:270 nontransferable 5.20.110 project announcement signs 19.1041260 revocation promotional devices, 19.104.270 appeals 5.20.070 real estate signs 19.104.260 grounds 5.20.060 special event banners 19.104.270 Posting of premises 5.20.140 subdivision signs 19.104•.250 Vehicle requirements 5:20.080 window signs 19.104:280 Violation, penalty 5.20.130 violation+deemed infraction 19:104.380 SPECIFIC PLAN SINGLE-USE CARRYOUT BAGS See LAND DEVELOPMENT PLANNING Administrative citation and fine 9.17.150 Definitions 9.17.1 10 SPORTING EVENT Exemptions 9.17.440 Regulations, permit Findings 9.17.100 See PARADES AND ATHLETIC EVENTS Implementation date. 9:17.-12.0 Purpose 9.17.100 STORM-DRAINAGE SERVICE CHARGE. Severability 9.17.160 Adjustments, conditions 3.36.160 Restrictions 9.17.130 Amount See Imposed, determination,-applicability SKATEBOARDS Applicability Defined 1.1,08.015 See Exemptions Prohibited where 11.08:270 Imposed, determination, applicability Violations, penalties 11.08.280 Collection See also Disputed charges SMALL-INCOME BUSINESS Payment Business,license balance.,procedure 3.36.090 See.also-BUSINESS LICENSE omitted charges 3:36.100 fee 5.04.450 procedure, regulations generally j 1 3.36:080 L..,./ 2013 S-40 27 Index Definitions 3.36.020 Inspections Delinquent inspection and maintenance easement 9.18.200 See.Payment inspectionand verification Disputed:charges responsibility 9.18.170 See also Adjustments, conditions inspections by City 9..18.195 procedure 3.36.150 Penalties Effective date 336.070 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 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 tnairitain,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 ;336.140 • 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 treatmentmeasure 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 STORMWATER POLLUTION PREVENTION AND See Deferred agreement WATERSHED PROTECTION installation Administration '9.18.015 See Installation agreement Administrative penalties, payment:of"funds reimbursement to account 9.18.260 See,Reimbursement.agreement Civil penalty Appeals 14.04.240 for illicit discharges, payment of funds Applicability of provisions 14.04.020 to account 9.18.240 Chapter conformance required 14.04.250 for violation, payment of funds Credit to account 9.18.230 prior improvements 14:04.150 Defmitions 9.18.020 purpose 14:04.100 Discharge Dedication accidental determination by class 14.04.140 notification of discharge. 9:18.070 requirements 14.04.130 protection from 9.18:060 time, purpose 14.04.050 limitations on point of discharge 9:18.030. Deferred agreement permitted pursuant to.NPDES`permits 9.18.080 See.also In-lieu payment, deferred agreement storm drain, prohibited 9.18.040 generally �.: purpose 14.04.080 2013,S-40 • Cupertino-Index 28 Exceptions 14.04.230 defmitions 14.08.010 Li Fees 14.04.190 deposit In-lieu payment release or revision, 14.08.150 See also In-lieu.payment, deferred agreement security required 14.08.070 See also emergency encroachments 14.08.200 generally fees 14.08.060 purpose 14.04:070 indemnification '14.08`.080. schedule 14.04:180 obstructions•a public nuisance 14.08.220 In-lieu payment, deferred agreement generally ongoing use of right-of-way 14.08.160 14:04.060 pavement preservation 14.08.040 Installation agreement, bond, other securities penalties 14.08130 14:04.170 permit . Interim 14.04.090 appeals 14:08.240 Legal description required 14.04.220 application process 14.08.050 • Permit, preceding approval and issuance 14.08.090 conditions 14.04.160 display 14.08.120 purpose 14:04.110 exceptions to requirement 14.08.030 Preceding permit extension 1 4.08.140 See Permit, preceding notices 14:08.100 Purpose, intent 14.04.030 required 14.08.020 Reimbursement.agreement. term 14:08.100 funds disposition 14.04.176 transfer 14.08.190 required 14:04.175 validity 14.08.110 Reimbursement charges; rules•and regulations, adherence 14.08.180 applicability 18.56.010 securityrequired '14:08.070 charges additional 18.56:070 Soliciting on cost of land, interest 18:56.040 definitions 10.80:010 g funds, disposition 18..56.050 no vehicle solicitation zone .10180.030 / land acquisition, cost, interest 18,56:060 prohibited 10.80.020 purpose of provisions 18.56:010 violation, penalty 10.80:040 reimbursement agreement 18.56.020 Street improvements; See•also Reimbursement agreement See STREETIMPROVEMENT required 18.56.030 Trees rules, regulations, establishment authority See TREES 18.56:080 Underground Utilities Remedies cumulative 14.04.290 See,UNDERGROUND'UTILITIES Requirements generally 14.04.040 Rules, regulations 14.04.120 SUBDIVISION Standard:'specifications 14.04.200 Access Street,'highway width 14.04.210 direct access. Violation See Street nuisance 14.04.260 requirements; 18.32.120 penalty 14.04:280 Alley dedication utility connection'denial 14.04.270 See Street Amendment STREETS AND SIDEWALKS See Map See also SUBDIVISION Applicability of provisions 18.04.040 Encroachment Attorney responsibilities 18.08:020 abandonmentor removal of facilities from. Certificate of correction right-of-way 14:08.210 See Map bond or deposit,release 14.08.150 Citation 18.04.010 construction requirements 14:08.130 Community development'department damage to•existing facilities 14.08,170 responsibilities: 18.08:050 Compliance d certificate:of compliance issuance 18.48.030 �*/ 2013 S-40 •