2014 S-42 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2014 S-45 Supplement
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Title Page Title Page
TITLE 9: HEALTH AND SANITATION
34C, 34D 34C, 34D
COMPREHENSIVE ORDINANCE LIST
43, 44 43, 44
LAM 10/14
I
CITY OF CUPERTINO CALIFORNIA
MUNICIPAL CODE
I
2014 S-45 Supplement contains:
• Local legislation current through Ordinance 14-2122, passed 10-7-14
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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,slicing,
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 o ne hundred percent recyclable.
(Ord. 13-2102, § 1 (part), 2013) I. "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 withinthe 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
2013S-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, § 1 (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 1, 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, § 1
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 purpose of 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. Notwithstanding this section, no retail findings made under subsection(a), the retail establishment
establishment may make available for sale a recycled paper shall be subject to an administrative citation pursuant to
bag unless the amount of the sale of such bag is separately Chapter 1.10 of this Code. Fines for the administrative
itemized on the sale receipt. citation are as follows:
D. A retail establishment may provide one or more (1) First citation: One hundred dollars($100.00)
recycled paper bags at no cost to any of the following (2) Second citation for the same violation within the
individuals: a customer participating in the California same twelve month period: Two hundred dollars($200.00)
Special Supplement Food Program for Women,Infants, and (3) Third or any subsequent citation for the same
Children pursuant to Article 2 (commencing with Section violation within the same twelve month period:Five hundred
123275)of Chapter 1 of Part 2 of Division 106 of the Health dollars ($500.00)
and Safety Code; a customer participating in the (4) Each day that any person or retail establishment
Supplemental Food Program pursuant to Chapter 10 violates the provisions of this Chapter a new and separate
(commencing with Section 15500)of Part 3 of Division 9 of violation occurs.
the California Welfare and Institutions Code;and a customer (c) Administrative citation appeals and disposition
participating in Calfresh pursuant to Chapter 10 shall be processed in accordance with Chapter 1.10 of this
(commencing with Section 18900)of Part 6 of Division 9 of Code. (Ord. 13-2102, § 1 (part), 2013)
the California Welfare and Institutions Code. (Ord.
14-2122, § 1, 2014; Ord. 13-2102, § 1 (part), 2013) 9.17.160 Severability.
If any section, subsection, subdivision, sentence,
9.17.140 Exemptions. clause,or phrase of this Chapter is for any reason held to be
The provisions of this Chapter shall not apply in the unconstitutional or otherwise void or invalid, by any court
following circumstances where: of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby. (Ord.
13-2102, § 1 (part), 2013)
2014S-45
43 Comprehensive Ordinance List
• Ord. No Ord. No.
13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050,
regarding acceptance of public 11.27.145 regarding designation of
improvements (14.04, 18.32) preferential parking zones around the
13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza(11.27)
encroachments and use of city rights-of- 14-2119 Rezoning certain land(Not Codified)
way(14.08) 14-2120 Amends 11.08.250 regarding
13-2111 Amends 14.12.120 regarding condition designated bicycle lanes (11.08)
for development or building permit 14-2122 Amends 9.17.130 regarding single-use
(14.12) carryout bags (9.17)
13-2112 Rezoning certain land(Not Codified)
13-2113 Rezoning certain land(Not Codified)
13-2114 Approving development agreement
between city and Apple, Inc.; repeals
Ord. 1702(Special)
13-2115 Amending Ch. 16; adding Ch. 16.02,
Administrative Code; repealing and
replacing Ch. 16.04, Building Code;
repealing and replacing Ch. 16.06,
Residential Code; repealing and
replacing Ch. 16.12, Soils and
Foundations- Subdivisions; repealing
and replacing Ch. 16.16, Electrical
Code; repealing and replacing Ch.
16.20, Plumbing Code; repealing and
replacing Ch. 16.24, Mechanical Code;
repealing Ch. 16.32, Swimming Pools;
amends 16.36.010, 16.36.020,
16.36.030, 16.36.040, 16.36.050,
16.36.070, 16.36.120 regarding
relocation of buildings; repealing
16.36.130 regarding violations-penalty
for moving buildings; repealing and
replacing Ch. 16.40, Fire Code;
amends 16.54.010 regarding adoption of
Energy Code; amends 16.58.010,
16.58.015, 16.58.040, 16.58.100
regarding the Green Building Standards
Code(16.02, 16.04, 16.06, 16.12,
16.16, 16.20, 16.24, 16.32, 16.36,
16.40, 16.54, 16.58)
14-2116 Adds 9.15.100, 9.15.110, 9.15.120,
9.15.130, 9.14.140, prohibiting use of
polystyrene foam disposable food
service ware (9.15)
14-2117 Adds 16.58.400 and 16.58.420 to Ch.
16.58, Green Building Standards Code;
amends 1.08.010, 1.08.020, 1.08.030
regarding right of entry for inspection
(16.58, 1.08)
2014S-45
CUPERTINO, CALIFORNIA
Instruction Sheet
2014 S-42 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 1: GENERAL PROVISIONS
7, 8 7, 8
TITLE 2: ADMINISTRATION AND PERSONNEL
3, 4 3, 4
TITLE 16: BUILDINGS AND CONSTRUCTION
94A, 94B 94A, 94B
94E, 94F 94E through 94H
Comprehensive Ordinance List
43,44 43, 44
Index
15, 16 15, 16
LAM 4/14
CITY OF CUPERT:[NO, CALIFORNIA
MUNICIPAL CODE
2014 S-42 Supplement contains:
Local legislation current through Ordinance 14-2117, passed 3-18-14
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1.08.01.0
CHAPTER 1.08: RIGHT OF:ENTRY FOR INSPECTION
Section
1.08.010 Inspection warrant required.
1.08.020 Exceptions.
1.08.030 Consent to inspect.
1.08.010 Inspection Warrant Required.
Whenever necessary to make an inspection to enforce
any ordinance or resolution or whenever there is reasonable
cause to believe there exists an ordinance or resolution
violation in any building or upon any premises within the
jurisdiction of the city, any authorized official of the city
may, upon presentation of a valid inspection warrant and
proper credentials, enter the building or premises at all
reasonable times to inspect the building or premises or to
perform any duty imposed by ordinance. (Ord. 14-2117,
§ 3, 2014; Ord. 1675, §2(A), 1995)
1.08.020 Exceptions.
The city is not required to obtain an inspection warrant
to search or to seize property in the following
circumstances:
A. Where the city has obtained consent of the owner
or occupant of the property in the manner provided in
Section 1.08.030;
B. Where the property exists within an open field,on
public streets, parking lots or other open places;
C. In an emergency; and/or
D. Where the seizure of the property is authorized
pursuant to the police power of the State of California and
does not involve an invasion of privacy. (Ord. 14-2117,
§4, 2014; Ord. 1675, § 2(B), 1995)
1.08.030 Consent to Inspect.
Prior to obtaining consent to an inspection of property,
the owner or occupant of the property shall be informed that
they have the right to refuse entry and that, if the entry is
refused, inspection may be made only pursuant to a valid
inspection warrant. (Ord. 14-2117, § 5, 2014; Ord. 1675,
§2(C)., 1995)
2014S-42 7
Cupertino-General Provisions 8
f
i
f
2.04.010
CHAPTER 2.04: CITY COUNCICL-ELECTION AND MEETINGS*
Section
2.04.005 Elections general circulation, radio and television station requesting
2.04.010 Regular meetings notice in writing. The notice shall be delivered personally
2.04.020 Special meetings or by mail and be received at least twenty-four hours before
2.04.025 Emergency meetings the time of the meeting as specified in the notice. The call
2.04.030 Place of meetings and notice shall specify the time and place of the special
2.04.040 Vacancy meeting and the business to be transacted or discussed. No
2.04.050 Term limits other business shall be considered at these meetings. The
written notice may also be dispensed with as to any member
* For statutory provisions regarding the of the City Council who at or prior to the time the meeting
scheduling of City Council meetings, see Gov. convenes, files with the City Clerk a written waiver of
Code §§ 36805-36809 notice. The waiver may be given by telegram. The written
notice may also he dispensed with as to any member of the
City Council who is actually present at the meeting at the
2.04.005 Elections. time it convenes. (Ord. 1697, (part), passed- -1995; Ord.
General municipal elections shall he held on the first 389, § 3.2, passed- -1968)
Tuesday after the first Monday in November of even-
numbered years to coincide with the statewide general 2.04.025 Emergency Meetings..
elections. (Ord. 13-2106, § 4, 2013; Ord. 1697, (part), In the case of an emergency situation involving matters
passed--1995) upon which prompt action is necessary due to the description
or threatened disruption of public facilities,the City Council
2.04.010 .Regular Meetings. may hold an emergency meeting without complying with
The City Council shall hold regular meetings on the either the twenty-four-hour notice requirement or the
first and third Tuesdays of each month at six forty-five p.m. twenty-tour-hour posting requirement described in
and may adjourn any regular meeting to a date certain, Section 54956 of the California Government Code. An
which shall be specified in the order of adjournment and emergency meeting called under this section shall be
when so adjourned, such adjourned meeting shall be a otherwise conducted in conformance with Section 54956.5
regular meeting for all purposes. Such adjourned meetings of the California Government Code. (Ord. 1697, (part),
may likewise be adjourned and any so adjourned meeting passed - -1995)
shall be a regular meeting for all purposes.
On regular meeting days, the City Council shall begin 2.04.030 Place of Meetings.
any closed session items at six o'clock p.m. The regular meetings shall convene in the Council
City Council meetings that fall on legal holidays shall Chamber, Cupertino Community Hall, 10350 Torre
automatically be moved to the following day. Avenue, Cupertino, California. All other meetings unless
City Council meetings that fall on any Election changed in the written notice of meeting or order of
Tuesday shall automatically be moved to the first Monday of adjournment shall be held in the Council Chamber of the
the month. (Ord. 1958,2005;Ord. 1941,2004;Ord. 1822, Cupertino Community Hall, Cupertino, California. (Ord.
(part),passed--1999;Ord. 1015,passed--1980;Ord. 978, 1952,2004;Ord. 978, (part),passed 1980; Ord. 189, § 1.1,
(part), passed - -1980; Ord. 189(a), § I, passed - -1970; passed- -1968)
Ord. 389, § 3.1, passed- -1968)
2.04.040 Vacancy.
2.04.020 Special Meetings. A. If any vacancy on the City Council occurs other
Special meetings may be called at any time by the than by expiration of at term, the City Council shall, at its
mayor or by three members of the City Council by option within thirty days from the commencement of the
delivering personally or by mail written notice to each vacancy, either fill the vacancy by appointment for the
member of the City Council and to each local newspaper of
2013 S-38
2.04.040 Cupertino -Administration and Personnel 4
unexpired term of the former incumbent, or call a special
election to fill the vacancy. The special election shall be
held on the next regularly established election date not less
than one hundred fourteen days from the call of the special
election.
B. Notwithstanding any other provision of this
section,the City Council may appoint any person,otherwise
qualified, to fill a City Council vacancy to hold office only
until the date of a special election which is called to fill the
remainder of the term pursuant to subsection A of this
section.
C. Notwithstanding any other provision of this
section, an appointment shall not he made to fill a vacancy
on the City Council if the appointment would result in a
majority of the members serving on the Council having been
appointed. The vacancy shall be filled in one of the
following ways
1. The City Council may call an election to till the
vacancy to he held on the next regularly established election
date not less than one hundred fourteen days after the call;
2. If the City Council does not call an election
pursuant to subsection B of this section,the vacancy shall be
filled at the next regularly established election date. (Ord.
1697, (part), passed - -1995; Ord. 1017, passed - -1991;
Ord. 1026, § 1, passed- -1980)
2.04.050 Term Limits.
The service of city councilmembers shall be limited to
two consecutive elected terms,for a maximum possible time
(appointed and elected combined) of ten years and three
hundred fifty-four days, after which they would not be
eligible for election or appointment to a council seat for four
years. (This section was adopted by a vote of the people
November 4, 1997.) (Ord. 1775, passed- -1998)
2014 5-42 Repl.
16.58.010'
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED
Section
16.58.010 Code adoption. 16.58.015 Adoption of Appendix Chapters.
16.58.015 Adoption of appendix chapters. No Appendix Chapters from the 2013 California Green
16.58.020 Reserved. Building Standards Code have been adopted. (Ord. 13-2115,
16.58.040 Local amendments. (part), 2013; Ord. 12-2099, § 1 (part), 2013; Ord. 2072,
16.58.050 Section 101.1-Amended. (part), 2010)
16.58.070 Section 101.3-Amended.
16.58.100 Section 101.10-Amended. 16.58.020 Reserved.
16.58.110 Section 101.10.1-Added.
16.58.120 Section 101.10.1.1-Added. 16.58.040 Local Amendments.
16.58.130 Section 101.10.1.1.1-Added. The following provisions of this Chapter shall
16.58.140 Section 101.10.1.1.2-Added. constitute local amendments to the cross-referenced
16.58.150 Section 101.10.1.1,.3-Added. provisions of the 2013 California Green Building Standards
16.58.160 Section 101.10.1.1:4-Added. Code, and shall be deemed to amend the cross-referenced
16.58.170 Section 101.10.1.1.5-Added. sections of said Code with the respective provisions set forth
16.58.180 Section 101.10.1.1.6-Added. in this Chapter. (Ord. 13-2115, (part),2013; Ord. 12-2099,
16.58.190 Section 101.10.1.1.7-Added. § 1 (part), 2013)
16.58.200 Section 101.10.1.1.8-Added.
16.58,210 Section 101.10.1.1.9-Added. 16.58.050 Section 101.1-Amended.
16.58.220 Table 101.10-Added. Amend Section 101.1 to read as follows:
16.58.230 Section 101.10.2-Added.
16.58.240 Section 102.3-Amended. 101.1 Title. These regulations shall be known as the
16.58.260 Section 102.3.1-Added. California Green Building Standards Code as amended by
16.58.280 Section 202-Amended. the City of Cupertino and may be cited as such and will be
16.58.290 Section 303.1.1-Amended. referred to herein as "this code." The California Green
16.58.300 Section 4.304.1.1-Amended. Building Standards Code as amended by the City of
16.58.310 Section 5.304.1.1-Added. Cupertino is an amendment to Part 11 of 12 parts of the
16.58.400 Section A4.106.8-Amended. official compilation and publication of the adoption,
16.58.420 Section A5.106.5.3-Amended. amendment and repeal of building regulations to the
California Code of Regulations, Title,24, also referred to as
16.58.010 Code Adoption. the California Building Standards Code. (Ord. 12-2011, § 1
A. The provisions of the 2013 California Green (part), 2013)
Building Standards Code and each and all of the regulations,
provisions,conditions and terms of the code is referred to as 16.58.070 Section 101.3-Amended.
if fully set forth in this chapter, and is by such reference Amend Section 101.3 to read as follows:
adopted.
B. One (1) copy of the code therefore is on file in 101.3 Scope.The provisions of this code shall apply to
the office of the Building Official pursuant to Health and the planning, design, operation, construction, use and
Safety Code Section 18942(d)(1) and is made available for occupancy of every newly constructed building or structure,
public inspection. (Ord. 13-2.115, (part), 2013; Ord. unless otherwise indicated in this code for the City of
12-2099, § 1 (part), 2013; Ord. 2072, (part), 2010) Cupertino.
94.4
2014S-42
16.58.070 Cupertino-Buildings and Construction 94B
The California Green Building Standards Code also is 101.10.1.1.2 Residential new construction -
hereby amended to apply to additions, renovations and Greater than nine (9) homes or more - as set forth in
tenant improvements of privately-owned buildings and Table 101.10. (Ord. 12-2099, § 1 (part), 2013)
structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be 16.58.150 Section 101.10.1.1.3-Added.
identified as meeting the certification requirements of any Add Section 101.10.1.1.3 to read as follows:
private,third party green building program. (Ord. 12-2099,
§ 1 (part), 2013) 101.10.1.1.3 Major multi-family residential
renovations/additions - as set forth in Table 101.10.
16.58.100 Section 101.10-Amended. Requirements shall only apply to the area of
Amend Section 101.10 to read as follows: renovation/addition. (Ord. 12-2099, § 1 (part), 2013)
101.10 Mandatory requirements.This code contains 16.58.160 Section 101.10.1.1.4-Added.
mandatory green building measures. In addition, this Add Section 101.10.1.1.4 to read as follows:
Chapter contains required minimum green building measures
as amended by the City of Cupertino. All new buildings and 101.10.1.1.4 Non-residential new construction,
structures, additions, renovations and tenant improvements small - as set forth in Table 101.10. (Ord. 12-2099, § 1
subject to requirements in Table 101.10 shall comply with (part), 2013)
the mandatory measures of the 2013 California Green
Building Standards Code as adopted by the state in addition 16.58.170 Section 101.10.1.1.5-Added.
to local amendments included in this code, regardless of Add Section 101.10..1.1.5 to read as follows:
height or number of stories,unless specifically exempted by
this code. (Ord. 13-2115, (part), 2013; Ord. 12-2099, § 1 101.10.1.1.5 Non-residential new construction,
(part), 2013) medium- as set forth in Table 101.10. (Ord. 12-2099, § 1
(part), 2013) 1
16.58.110 Section 101.10.1-Added.
Add Section 101.10.1 to read as follows: 16.58.180 Section 101.10.1.1.6-Added.
Add Section 101.10.1.1.6 to read as follows:
101.10.1 Project Types-as set forth in Table 101.10.
(Ord. 12-2099, § 1 (part), 2013) 101.10.1.1.6 Non-residential new construction,
large - as set forth in Table 101.10. (Ord. 12-2099, § 1
16.5.8.120 Section 101.10.1.1-Added. (part), 2013)
Add Section 101.10.1.1 to read as follows:
16.58.190 Section 101.10.1.1.7-Added.
101.10.1.1 Residential projects - as set for in Table Add Section 101.10.1.1.7 to read as follows:
101.10. (Ord. 12-2099, § 1 (part), 2013)
101.10.1.1.7 Non-residential renovations/additions,
16.58.130 Section 101.10.1.1.1-Added. minor - as set forth in Table 101.10. Requirements shall
Add Section 101.10.1.1.1 to read as follows: only apply to the scope of work of renovation/addition.
(Ord. 12-2099, § 1 (part), 2013)
101.10.1.1.1 Residential new construction -Equal
to or less than nine (9) homes - as set forth in Table 16.58.200 Section 101.10.1.1.8-Added.
101.10. (Ord. 12-2099, § 1 (part), 2013) Add Section 101.10.1.1.8 to read as follows:
16.58.140 Section 101.10.1.1.2-Added. 101.10.1.1.8 Non-residential renovations/additions,
Add Section 101.10.1.1.2 to read as follows: major - as set forth in Table 101.10. Requirements shall
only apply to the area of renovation/addition. (Ord.
12-2099, § 1 (part), 2013)
2013 S-41
94E Green Building Standards Code Adopted 16.58.230
B. Applies standards that are, when taken as a the purposes of this Section. The full
whole, as stringent as the GPR and LEED amount of the deposit shall be returned
standards; upon the certification document being
C. Includes a formalized certification process that provided per 102.3 (A)(c). If however, the
incorporates third party verification; and project does not meet the requirements of
D. The project will advance the purposes of this this Chapter, as applied to the project, then
Chapter. (Ord. 12-2099, § 1 (part), 2013) the City shall retain the full amount of the
deposit, and shall use the deposit solely to
16.58.240 Section 102.3-Amended. advance the purposes of this Chapter.
Amend Section 102.3 to read as follows: d. Time Limit. Within 18 months of Final
Occupancy-Provide certification document
102.3 Verification. Documentation of conformance for LEED,GPR or alternate rating standard
for applicable green building measures shall be provided to in a form accepted by the City per Table
the City of Cupertino.Verification that the project meets the 101.10. The Building Official may grant a
applicable environmental standards occurs through either the one-time 6-month extension. (Ord.
Third Party process or City Review per the requirements in 12-2099, § 1 (part), 2013)
Table 101.10. The following lists the verification
requirements for Third Party verification, and alternative 16.58.260 Section 102.3.1-Added.
methods: Added Section 102.3.1 to read as follows:
A. Third Party Certification. A project will be
required to meet the Third Party certification 102.3.1 Exemptions. The Building Official shall
process if the City determines that the project determine the maximum feasible threshold of compliance
meets or exceeds the applicable thresholds listed reasonably achievable for the project. Projects that are
in Table 101.10. The applicant shall submit all exempted from the requirements of the California Green
of the following to the City, in addition to other Building Standards Code as amended by the City of
application requirements, to assist the City in Cupertino shall meet the requirement in section A and at
determination compliance with the green building least one of the requirements in sections B-D:
requirements: A. Projects that demonstrate that it is not feasible for
a. Planning Application. A green building the project to fully meet the green building
checklist that includes cross-references to requirements and that the purposes of this chapter
appropriate locations in the construction will have been achieved to the maximum extent
documents for all prerequisites and selected possible shall be exempted only for the specific
points or credits that demonstrates that the rating system prerequisite that has been
proposed project meets the applicable determined to be infeasible.
minimum requirements. B. Projects that demonstrate compliance with this
b. Building Permit. code but which will conflict with the Cupertino
i. Proof of project registration with General Plan and/or Municipal Code Ordinance,
administrating body of the applicable such as those requiring historic preservation as
reference standard, and determined by the Director of Community
ii. A green building checklist that Development; or
includes cross-references to C. Projects that demonstrate compliance with this
appropriate locations in the code but which will conflict with the California
construction documents for all Building Standards Code; or
prerequisites and selected points or D. Projects with atypical energy-related design
credits; that demonstrate that the requirements and/or patterns of use that make
proposed project meets the applicable compliance with the thresholds of this code
minimum requirements, and infeasible. (Ord. 12-2099, § 1 (part), 2013)
C. Green Building Deposit. The green building
deposit in an amount that may be set from 16.58.280 Section 202-Amended:
time to time by resolution of the City Amend Section 202 to add or amend the following
Council. The applicant may provide the definitions:
deposit in the form of cash or in any other
form that the City finds acceptable to meet
2013 S-41 Repl.
16.58.280 Cupertino -Buildings and Construction 94F
A. `Building Envelope" means the separation 16.58.300 Section 4.304.1.1-Added.
between the interior and the exterior Add Section 4.304.1.1 to read as follows:
environments of a building in order to provide
structural integrity,moisture control,temperature 4.304.1.1 Compliance with local water-efficient
control, and air pressure control. The principal landscape ordinance. Residential projects must comply
physical components of the building envelope with the City of Cupertino's Landscape Ordinance,pursuant
include the foundation, roof, walls, and to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
windows. 12-2099, § 1 (part), 2013)
B. "Decision maker" means the person or entity
with final approval authority over the underlying 16.58.310 Section 5.304.1.1-Added.
project. Add Section 5.304.1.1 to read as follows:
C. "Green Building Checklist" means a checklist,
typically with prerequisites and credits and/or 5.304.1.1 Compliance with local water-efficient
points that is developed by the administrators of landscape ordinance.Non-residential projects must comply
green building certification systems and used to with the City of Cupertino's Landscape Ordinance,pursuant
determine whether a development project can to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
achieve certification. 12-2099, § 1 (part), 2013)
D. "Green Point Rated (GPR)" means a residential
green building rating system developed by Build 16.58.400 Section A4.106.8-Amended.
It Green. Projects can use any of the adopted
GPR checklists that most appropriately apply to Add and amend Section A4.106.8 to read as follows:
the project type proposed.
E. "Leadership in Energy and Environmental A4.106.8 Electric vehicle(EV)charging. Dwellings
Design (LEED)" means a green building rating shall comply with the following requirements for the future
system developed by the U.S. Green Building installation of Electric Vehicle Supply Equipment(EVSE).
Council for residential and non-residential
projects. Projects can use any of the adopted A4.106.8.1 New one- and two-family dwellings.
LEED checklists that most appropriately apply to Install a dedicated branch circuit sufficient to provide
the project type proposed. adequate electrical capacity to serve a Level 2 EVSE. Also,
F. "Minimum Green Building Requirement"means install a listed raceway or pre-wiring from the dedicated
the minimum green building requirement that branch circuit to the designated electric vehicle parking stall.
applies to a particular project, as listed in column The raceway shall not be less than trade size 1 (nominal
2 of Table 101.10. 1-inch inside diameter). The raceway shall be securely
G. "Required Verification"means the standards that fastened at the main service or subpanel and shall terminate
correspond to the requirements of a particular in close proximity to the proposed location of the charging
green building rating system and project type, as system into a listed cabinet, box or enclosure. Raceways
listed in column 3 of Table 101.10, for which are required to be continuous at enclosed or concealed areas
verification procedures are fully set forth in and spaces. A raceway may terminate in an attic or other
Section 102.3. approved location when it can be demonstrated that the area
H. "Feasible"means capable of being accomplished is accessible and no removal of materials is necessary to
in a successful manner within a reasonable period complete the final installation. Pre-wiring shall include the
of time, taking into account economic, installation of appropriately sized conductors and adequate
environmental, social, and technological factors. electrical capacity to serve a Level 2 EVSE.
(Ord. 12-2099, § 1 (part), 2013)
Exception: Other pre-installation methods
16.58.290 Section 303.1.1-Amended. approved by the local enforcing agency that provide
Amend Section 103.1.1 to read as follows: sufficient conductor sizing and service capacity to install
Level 2 Electric Vehicle Supply Equipment(EVSE).
303.1.1 Tenant improvements.The provisions of this
code shall apply to the applicable tenant or occupant Note: Utilities and local enforcing agencies may
improvements to a project. (Ord. 12-2099, § 1 (part), have additional requirements for metering and EVSE
2013) installation, and should be consulted during the project
design and installation,
2014S-42
94G Green Building Standards Code Adopted 16.58.230
A4.106.8.1.1 Labeling requirement. A label stating A4.106.8.2.3 Labeling requirement. A label stating
"EV CAPABLE" shall be posted in a conspicuous place at "EV CAPABLE" shall be posted in a conspicuous place at
the service panel or subpanel and next to the raceway or the service panel or subpanel and next to the dedicated EV
pre-wiring termination point. charging spaces.
A4.106.8.2 New Multifamily dwellings. At least 5 A.4.106.8.3 Alternative Means for Electric Vehicle
percent of the total parking spaces, but not less than one, (EV) Charging for Residential buildings. The provisions
shall be capable of supporting future electric vehicle supply of Section A4.106.8.1 and A4.106.8.2 are not intended to
equipment(EVSE). prevent the use of any alternative means of achieving the
standards for electric vehicle charging, provided that any
A4.106.8.2.1 Single charging space required. When such alternative is approved by the Building Official based
only a single charging space is required, install a dedicated on findings that the proposed alternative is satisfactory and
branch circuit sufficient to provide adequate electrical complies with the intent of the provisions and is at least as
capacity to serve a Level 2 EVSE. Also, install a listed equivalent as the prescribed requirements. (Ord. 14-2117,
raceway or pre-wiring from the dedicated branch circuit to § 1, 2014)
the designated electric vehicle parking stall. The raceway
shall not be less than trade size 1 (nominal 1-inch inside 16.58.420 Section A5.106.5.3—Amended.
diameter). The raceway shall be securely fastened at the
main service or subpanel and shall terminate in close Add and amend Section A5.106.5.3 to read as follows:
proximity to the proposed location of the charging system
into a listed cabinet, box or enclosure. Pre-wiring shall A.5.106.5.3 New non-residential buildings. At least
include the installation of appropriately sized conductors and 10 percent of the total parking spaces,but not less than one,
adequate electrical capacity to serve a Level 2 EVSE. shall be capable of supporting installation of future electric
vehicle supply equipment(EVSE).
Exception: Other pre-installation methods
approved by the local enforcing agency that provide A5.106.5.3.1 Single charging space requirements.
sufficient conductor sizing and service capacity to install When only a single charging space is required, install a
Level 2 Electric Vehicle Supply Equipment (EVSE). dedicated branch circuit sufficient to provide adequate
electrical capacity to serve a Level 2 EVSE. Also, install a
A4.106.8.2.2 Multiple charging spaces required. listed raceway or pre-wiring from the dedicated branch
When multiple charging spaces are required, install a circuit to the designated electric vehicle parking stall. The
dedicated branch circuit sufficient to provide adequate raceway shall not be less than trade size 1 (nominal 1-inch
electrical capacity to serve a Level 2 EVSE. Also, install a inside diameter). The raceway shall be securely fastened at
listed raceway or pre-wiring from the dedicated branch the main service or subpanel and shall terminate in close
circuit to all designated EVSE spaces. Plans shall be proximity to the proposed location of the charging system
provided to include the location(s) and type of the EVSE, into a listed cabinet, box or enclosure. Pre-wiring shall
raceway method(s), wiring schematics and electrical include the installation of appropriately sized conductors and
calculations to verify that the electrical system has sufficient adequate electrical capacity to serve a Level 2 EVSE.
capacity to simultaneously charge all the electrical vehicles
(EV)at all designated EV charging spaces at their full rated Exception: Other pre-installation methods
amperage. Plan design shall be based upon Level 2 EVSE approved by the local enforcing agency that provide
at its maximum operating ampacity. Only underground sufficient conductor sizing and service capacity to install
raceways and related underground equipment are required Level 2 Electric Vehicle Supply Equipment(EVSE).
to be installed at the time of construction. Pre-wiring shall
include the installation of appropriately sized conductors and A5.106.5.3.2 Multiple charging spaces required.
adequate electrical capacity to serve a Level 2 EVSE. When multiple charging spaces are required, plans shall
include the location(s) and type of the EVSE, raceway
Note: Utilities and local enforcing agencies may method(s), wiring schematics and electrical calculations to
have additional requirements for metering and EVSE verify that the electrical system has sufficient capacity to
installation, and should be consulted during the project simultaneously charge all the electrical vehicles (EV) at all
design and installation. designated EV charging spaces at their full rated amperage.
Plan design shall be based upon Level 2 EVSE at its
201,4S-42
16.58.280 Cupertino-Buildings and Construction 94H
maximum operating ampacity. Provide raceways from the
electrical service panel to the designated parking areas
which are required to be installed at the time of
construction. Pre-wiring shall include the installation of
appropriately sized conductors and adequate electrical
capacity to serve a Level 2 EVSE.
Note: Utilities and local enforcing agencies may
have additional requirements for metering and EVSE
installation, and should be consulted during the project
design and installation.
A5.106.5.3.3 Tier 1. Not adopted.
A5.106.5.3.4 Tier 2. Not adopted.
A5.106.5.3.5 Labeling requirement. A label stating
"EV CAPABLE" shall be posted in a conspicuous place at
the service panel or subpanel and next to the dedicated EV
charging spaces.
A.5.106.5.4 Alternative Means for Electric Vehicle
(EV) Charging for Non-residential buildings. The
provisions of Section A.5.106.5.3 are not intended to
prevent the use of any alternative means of achieving the
standards for electric vehicle charging, provided that any ,4
such alternative is approved by the Building Official based
on findings that the proposed alternative is satisfactory and
complies with the intent of the provisions and is at least as
equivalent as the prescribed requirements. (Ord. 14-2117,
§ 2, 2014)
2014S-42
43 Comprehensive Ordinance List
Ord. No. Ord. No.
13-2109 Amends 14.04.170 and 18.32.390
regarding acceptance of public
improvements (14.04, 18.32)
13-2110 Repealing and replacing Ch. 14.08,
encroachments and use of city rights-of-
way (14.08)
13-2111 Amends 14.12.120 regarding condition
for development or building permit
(14.12)
13-2112 Rezoning certain land (Not Codified)
13-2113 Rezoning certain land (Not Codified)
13-2114 Approving development agreement
between city and Apple, Inc.; repeals
Ord. 1702(Special)
13-2115 Amending Ch. 16; adding Ch. 16.02,
Administrative Code; repealing and
replacing Ch. 16.04, Building Code;
repealing and replacing Ch. 16.06,
Residential Code; repealing and
replacing Ch. 16.12, Soils and
Foundations- Subdivisions; repealing
and replacing Ch. 16.16, Electrical
Code; repealing and replacing Ch.
16.20, Plumbing Code; repealing and
replacing Ch. 16.24, Mechanical Code;
repealing Ch. 16.32, Swimming Pools;
amends 16.36.010, 16.36.020,
1.6.36.030, 16.36.040, 16.36.050,
16.36.070, 16.36.120 regarding
relocation of buildings; repealing
16.36.130 regarding violations-penalty
for moving buildings; repealing and
replacing Ch. 16.40, Fire Code;
amends 16.54.010 regarding adoption of
Energy Code; amends 16.58.010,
16.58.015, 16.58.040, 16.58.100
regarding the Green Building Standards
Code (16.02, 16.04, 16.06, 16.12,
16.16, 16.20, 16.24, 16.32, 16.36,
16.40, 16.54, 16.58)
14-2117 Adds 16.58.400 and 16.58.420 to Ch.
16.58, Green Building Standards Code;
amends 1.08.010, 1.08.020, 1.08.030
regarding right of entry for inspection
(16.58, 1.08)
2014S-42
Cupertino - Comprehensive Ordinance List 44
t
1
i
15 Index
GENERAL PLAN __H__
See LAND DEVELOPMENT PLANNING
HANDBILLING
GOAT See ADVERTISING
See ANIMAL
HAZARDOUS MATERIALS STORAGE
GRADING See also FIRE CODE
See EXCAVATION TOXIC GASES
Compliance time table 9.12.141
GRAFFITI Conflict with other laws 9.12.133
Abatement Containment 9.12.030
generally 10.60.050 Definitions 9.12.013
procedure 10.60.060 Duties discretionary 9.12.132
stayed during prosecution 10.60.070 Effective date 9.12.140
Definitions 10.60.030 Emergency equipment 9.12.038
Nuisance declared 10.60.020 Emergency procedures
Prohibited 10.60.040 See also Emergency response plan
Purpose of provisions 10.60.010 posting 9.12.039
Remedies cumulative 10.60.080 Emergency response plan
Violation, penalty 10.60.090 See also Emergency procedures
hazardous materials defined 9.12.043
GREEN BUILDING STANDARDS CODE required, requirements 9.12.043
Adoption of appendix chapters 16.58.015 Exclusions 9.12.021
Code adoption 16.58.010 Existing storage facility requirements 9.12.032
Local amendments 16.58.040 Fences,locks required 9.12.037
Section A4.106.8-Amended 16.58.400 Guidelines 9.12.131
Section A5.106.5.3-Amended 16.58.420 Handling 9.12.036
Section 101.1-Amended 16.58.050 Hazardous materials management plan
Section 101.3-Amended 16.58.070 required 9.12.040
Section 101.10-Amended 16.58.100 short form 9.12.042
Section 101.10.1-Added 16.58.110 standard form 9.12.041
Section 101.10.1.1-Added 16.58.120 Hearing
Section 101.10.1.1.1-Added 16.58.130 notices 9.12.Ill
Section 101.10.1.1.2-Added 16.58.140 rules 9.12.110
Section 101.10.1,.1.3-Added 16.58.150 Inspection
Section 101.10.1.1.4-Added 16.58.160 by city 9.12.070
Section 101.10.1.1.5-Added 16.58.170 by permittee 9.12.071
Section 101.10.1.1.6-Added 16.58.180 special 9.12.072
Section 101.10.1.1.7-Added 16.58.190 substituted 9.12.073
Section 101.10.1.1.8-Added 16.58.200 Inventory statement
Section 101.10.1.1.9-Added 16.58.210 information required 9.12.051
Section 101.10.2-Added 16.58.230 public record 9.12.053
Section 102.3-Amended 16.58.240 required 9.12.050
Section 102.3.1-Added 16.58.260 Liability disclaimer 9.12.130
Section 202-Amended 16.58.280 Maintenance, repair, replacement of facilities
Section 303.1.1-Amended 16.58.290 9.12.035
Section 4.304.1.1-Amended 16.58.300 New storage facility requirements 9.12.031
Section 5.304.1.1-Added 16.58.310 Out-of-service storage facility requirements
Table 101.10-Added 16.58.220 9.12.033
Permit
GUN additional approvals 9.12.085
See FIREARM appeal
disposition 9.12.095
hearing 9.12.094
time limit 9.12.093
2014S-42
Cupertino-Index 16
application 9.12.081 requirements
approval 9.12.083 closure plan 9.20.180
denial emergency plan 9.20.170
authority 9.12.090 generally 9.20.140
decision transmittal 9.12.092 health, safety assessment 9.20.150
grounds 9.12.091 hearing notification list 9.20.210
determination 9.12.088 monitoring plan 9.20.190
effective date, term 9.12.086 risk assessment 9.20.160
fees 9.12.089 siting criteria, proof of compliance
investigation 9.12.082 9.20.200
issuance 9.12.084 Definitions 9.20.030
renewal 9.12.087 Dispute resolution 9.20.260
required 9.12.012, 9.12.080 Hearing
Professional assistance for city determinations See also Land use application
9.12.014 notice 9.20.280
Purpose of provisions 9.12.010 Land use application
Records maintenance 9.12.074 appeal 9.20.130
Regulated materials designated 9.12.020 decision 9.20.120
Remedial action environmental assessment 9.20.100
authority after permit suspension, revocation, hearing 9.20.110
expiration 9.12.106 local assessment committee review 9.20.090
decision transmittal 9.12.105 required, fees 9.20.080
designated 9.12.104 Local assessment corn nittee
grounds 9.12.100 appointment 9.20.230
hearing funding by applicant 9.20.250
notice 9.12.102 powers, duties 9.20.240
permit suspension prior to 9.12.103 termination 9.20.270
noncompliance notice 9.12.101 Permit use 9.20.300
return of permit 9.12.107 Purpose of provisions 9.20.010
Safety, car generally 9.12.011 Violation, penalty 9.20.310
Unauthorized discharge
cleanup 9.12.061 HEALTH OFFICER
indemnification 9.12.062 Bingo license applicant investigation 5.32.220
reporting 9.12.060 Restaurant `
Underground tank 9.12.022 food, unwholesome, destruction authority
Violation 9.04.100
civil action for retaliation 9.12.122 permit
civil penalty 9.12.121 denial 9.04.050
criminal penalty 9.12.120 inspection, issuance 9.04.030
remedies not exclusive 9.12.123 rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
HAZARDOUS WASTE FACILITY
Applicability of provisions 9.20.020 HEATING, COOLING CODE
Application See MECHANICAL CODE
compliance requirements 9.20.290
consistency requirements HISTORIC BUILDING
general plan 9.20.060 Seismic safety
overall continuity 9.20.220 See UNREINFORCED MASONRY
generally 9.20.040 BUILDINGS
hearing 9.20.070
land use HOME OCCUPATION
See Land use application Business license
notice on intent 9.20.050 See also BUSINESS LICENSE
fee 5.04.380
2014S-42