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2014 S-46 Supplement CUPERTINO, CALIFORNIA Instruction Sheet. 2014 S-46 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 9 through 12 9 through 12 TITLE 10: PUBLIC PEACE, SAFETY AND MORALS 1, 2 1, 2 37, 38 37, 38 47, 48 47, 48 TITLE 13: PARKS 5, 6 5, 6 TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 33 through 38J 33 through 38J COMPREHENSIVE ORDINANCE LIST 27, 28 27, 28 31 through 36 31-through 36 43, 44 43, 44 INDEX 9, 10 9, 10 25, 26 25, 26 33, 34 33, 34 LAM 12/14 CITY OF CUPERTIN09 CALIFORNIA MUNICIPAL CODE 2014 S-46 Supplement contains; Local legislation current through Ordinance 14-2126, passed 12-2-14 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio" 45202-3909 (800) 445-5588 2.08.010 CHAPTER 2.08: CITY COUNCIL--RULES AND CONDUCT OF MEETINGS* Section 2.08.010 Adoption of rules. minimum or maximum interim period between the setting of 2.08.030 Petition—Defined. said time and the holding of such public hearing. (Ord. 673, 2.08.040 Petition—Hearing notice. (part), 1975; Ord. 49, §2, 1958) 2.08.070 Petition—Exception. 2.08.080 Method of presenting matters to Council. 2.08.070 Petition—Exception. 2.08.090 Order of business. Sections 2.08.030 through 2.08.070 shall not apply to 2.08.095 Reconsideration. any petition in which there is a prescribed method of 2.08.096 Reconsideration—Sought by interested publication or notice pursuant to law or any other ordinances person. of this City. (Ord. 49, § 5, 1958) 2.08.100 Written communications. 2.08.105 Oral communications. 2.08.080 Method of Presenting Matters to Council. 2.08.110 Reports of officers and official bodies. A. Every official,board,commission or other body, 2.08.130 Discussion procedure. connected with the City government, and every citizen, 2,08,135 Designation of signators for official individual, corporation, committee or civic group, having documents. any reports, communications or other matters to be 2.08.140 Violation—Penalty. presented at a City Council meeting, shall be referred to the 2.08.145 Call for Council review. City Clerk in writing before nine a.m. of the sixth day * For statutory provisions authorizing the City (Sunday included)preceding the day of such meeting for it Council to establish rules for the conduct of its to be given consideration as an item of agenda business. proceedings, see Gov. Code § 36813. B. The City Clerk shall prepare an agenda setting forth such matters and the nature thereof under their appropriate headings, and setting forth all other matters to 2.08.010 Adoption of Rules. come before such meeting under their appropriate headings. The City Council may adopt from time to time such The City Clerk shall, preceding such meetings, cause one rules of procedure as it may deem necessary to properly copy thereof to be delivered to each member of the City exercise its powers and duties. Such rules shall become Council and shall make such other copies available for effective upon a majority vote of the Council and shall be public review as is consistent with State law. (Ord. 2081, kept on file with the City Clerk and a copy thereof shall be (part), 2011; Ord. 1697, (part), 1995; Ord. 1292, 1984; exhibited to any person upon request. (Ord. 6, § 1, 1955) Ord. 822, 1977; Ord. 673, (part), 1975; Ord. 389, § 3.4, 1968) 2.08.030 Petition—Defined. For the purpose of Sections 2.08.030 through 2.08.090 Order of Business. 2.08.070, a "petition" means any written communication A. The City Council of the City shall establish the signed with multiple signatures and which is delivered to the order of business by resolution. City Clerk for the attention of the City Council. Such B. The order of business to be taken up at an petitions so received will be processed in the same manner adjourned meeting shall be that as deemed by the Mayor and as written communications. (Ord. 673, (part), 1975; Ord. the City Council to be proper. 49, § 1, 1958) C. The City Council may,in its discretion,establish time limitations for the presentation or discussion of any 2.08.040 Petition—Hearing Notice. item of business; and, may establish a time after which no The City Council after having received a petition may, agenda item of business will be taken up in which case the at its discretion, set a time for the holding of a public motion for adjournment will contain the date and time for hearing thereon. Unless otherwise provided by law or any the completion of agenda business. other ordinances of this City, there shall be no prescribed D. Closed sessions may be held as needed and scheduled by the City Attorney. 2014S-46 9 2.08.090 Cupertino -Administration and Personnel 10 1 E. Council may change the order of business at any 2.08.096 Reconsideration-Sought by Interested Person. individual council meeting by majority vote. (Ord. 2081, A. The City Clerk shall forthwith mail all notices of (part), 2011; Ord. 1697, (part), 1995; Ord. 1561, 1991; decision after the decision of the City Council. Any Ord. 1457, 1988; Ord. 1393, 1986; Ord. 1329, 1985; Ord. interested person, prior to seeking judicial review of any 1259, 1984; Ord. 1192, 1982; Ord. 1133, 1981; Ord. 978, adjudicatory decision of the City Council, shall file a (part), 1980;Ord. 673, (part), 1975;Ord. 389, §3.5, 1968) petition for reconsideration with the City Clerk within ten days of the date of the mailing of the notice of decision. 2.08.095 Reconsideration. Failure to file a petition for reconsideration constitutes a A. The Council may,at anytime before adjournment waiver of the right to request reconsideration and the City of any council meeting, determine to reconsider an item of Council's decision shall be final for all purposes. Upon business previously acted upon at that council meeting. A timely receipt of a petition for reconsideration, the City motion to reconsider may only be made by a councilmember Clerk shall schedule a reconsideration hearing to be who was a member of the prevailing majority voting on the commenced by the City Council no later than sixty days item. A motion to reconsider may be seconded by any after the filing of the petition. Mailed notices of the date, councilmember. time and place of such hearing will be provided to all B. If a motion for reconsideration prevails, the interested persons at least ten days prior to the hearing. At Council is then free to reconsider the item either at the same the conclusion of the hearing for reconsideration, the City Council meeting or at any other Council meeting established Council may affirm,reverse,or modify its original decision, by the Council; provided, however, that the Council shall and may adopt additional findings of fact based upon the not reconsider an item at the same Council meeting, in the evidence submitted in any and all city hearings concerning following instances: the matter. 1. Any action involving a public hearing which has B. A petition for reconsideration shall specify, in been closed; detail, each and every ground for reconsideration. Failure 2. Any action,including appeals,regarding a zoning of a petition to specify any particular ground or grounds for matter,planned development permit,use permit,subdivision reconsideration,precludes that particular omitted ground or map approval, variance, architectural and site approval or grounds from being raised or litigated in a subsequent sign exception; judicial proceeding. 3. Any action involving the granting, modification The grounds for reconsideration are limited to the or revocation of any permit issued by the City; following: 4. Any action which is quasi-judicial in nature. 1. An offer of new relevant evidence which, in the C. In such cases, the Council shall reconsider the exercise of reasonable diligence, could not have been item at another council meeting date established by the produced at any earlier city hearing. Council and shall direct the City Clerk to provide 2. An offer of relevant evidence which was notification to the relevant parties or the general public, as improperly excluded at any prior city hearing. the case may be. (Ord. 2056, (part), 2010; Ord. 1697, 3. Proof of facts which demonstrate that the City (part), 1995; Ord. 1378, § 1, 1986) Council proceeded without, or in excess of its,jurisdiction. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5. Proof of facts which demonstrate that the City Council abused its discretion by: a. Not preceding in a manner required by law; and/or b. Rendering a decision which was not supported by findings of fact; and/or c. Rendering a decision in which the findings of fact were not supported by the evidence. C. A petition for reconsideration is subject to a reconsideration fee as prescribed by resolution of the City Council. At the conclusion of the reconsideration hearing, the City Council may, in its sole discretion, refund all, or a portion, of the reconsideration fee. (Ord. 2027 § 1, 2008; Ord. 2008, 2007; Ord. 1807, § 1, 1999) 1 2012S-31 11 City Council--Rules and Conduct of Meetings 2.08.100 2.08.100 Written Communications. remain seated and address their remarks to the presiding A. Written communications transmitted to a majority officer and their fellow members. Any remarks or orders to of the members of the City Council by any person in the audience shall be addressed by the presiding officer, or connection with a matter which is subject to discussion or with his permission by the members of the Council. (Ord. consideration at a meeting of the City Council shall be 389, § 3.9, 1968) delivered by the recipient Councilperson to the City Clerk who shall retain them as public records and shall otherwise 2.08.135 Designation of Signators for Official treat them as written communications to the City Council. Documents. B. Written communications addressed to the City After Council approval of a document,when necessary Council and delivered to the City Clerk shall be transmitted to expedite processing of said document, if the Mayor or to each City Councilperson, the City Manager, and any Vice-Mayor is unavailable for signature, any other department director having responsibility for the subject Councilmember may sign the document as an official of the matter of the communication. Written communications City. (Ord. 1119, 1981) which are relevant to a matter subject to being discussed or considered at a City Council meeting shall be included as 2.08.140 Violation—Penalty. supplementary material to that agendized matter. Other Any person in the audience who, while in attendance written communications may be placed on the agenda, as a at any Council meeting,uses profane language, or language separate item of business under written communications,by tending to bring the Council or any of its members into a Councilperson, City Manager or any department director contempt, or any person who persistently interrupts the having responsibility for the subject matter of the proceedings of the Council, or refuses to be seated or keep communication. (Ord. 1697,(part), 1995;Ord.673,(part), quiet when ordered to do so by the presiding officer, or 1975; Ord. 389, § 3.6, 1968) refuses to leave the room or premises, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 2.08.105 Oral Communications. be punished as provided in Chapter 1.12. (Ord. 389, § 4, A. Every agenda for regular meetings of the City 1968) Council shall provide an opportunity for members of the public to address the council on any item of interest to the 2.08.145 Call for Council Review. public that is within the city's jurisdiction. With respect to A. Any Councilmember may initiate a call for any such item which is already on the agenda, members of Council review of any decision or matter that may be the public shall be given the opportunity to address the City appealed to the City Council under this Code. Council during its consideration of the item. B. Filing. B. Where a member of the public raises an issue 1. A call for Council review shall be in writing on which has not yet come before the City Council, no action forms prescribed by the City and shall be filed during may be taken at that meeting concerning that item. regular office hours. A call for Council review is subject to C. With respect to all oral communications, the the same time limitations as required for an appeal for a mayor may establish reasonable time limits for public decision. A call for Council review not filed within such testimony on particular issues and for each individual time shall be barred. speaker. Preference shall be given to those who previously 2. A call for Council review is not subject to a fee. have notified the City Clerk in advance of their desire to C. Noticing.Notice of a hearing shall be given in the speak. (Ord. 1697, (part), 1995) same manner as would be required in an appeal of the matter. 2.08.110 Reports of Officers and Official Bodies. D. Grounds. If a call for Council review is made by Official boards,commissions or other bodies connected a Councilmember,there is a presumption that the reason for with the City government may, in addition to any written the review is that the action has significant or material report submitted, and shall, on request of the Mayor, effects on the quality of life within Cupertino. No address the City Council through its chairman or authorized interference of bias shall be made or implied due to a call representative on matters relating to their assigned functions. for Council review by a Councilmember, and the (Ord. 389, § 3.7, 1968) Councilmember who filed the call for Council review may participate in the hearing on the matter. 2.08.130 Discussion Procedure. E. Hearing body. The City Council shall decide the While discussing any question under consideration by matter on review in accordance with the provisions of this the Council, it shall be the duty of the members thereof to Code. 2014S-46 2.08.145 Cupertino-Administration and Personnel 12 F. Decision of the City Council. The decision or determination of the City Council shall be final and effective immediately. G. Notice of decision. Notice of the City Council's decision shall be mailed to the original applicant and to any other person who has filed a written request with the City Clerk. (Ord. 14-2123, § 1, 2014) I 2014S-46 TITLE 10: PUBLIC PEACE, SAFETY AND MORALS Chapter 10.10 Conduct in Public Buildings 10.20 Explosives 10.21 Newsracks 10.24 Fireworks 10.26 Regulation of Police Alarm Systems and Devices 10.27 Cigarette and Tobacco Vending Machines 10.30 Elimination of Bodily Waste in Public Places 10.44 Parades and Athletic Events 10.48 Community Noise Control 10.49 Consumption or Possession of Open Container of Intoxicating Liquors in Public Places 10.52 Distribution of Handbills and Advertisements 10.56 Trespassing Upon Parking Lots, Shopping Center Property Open to the Public 10.60 Regulation of Graffiti 10.68 Curfew 10.76 Firearms Permit 10.80 Solicitation Prohibitions on Designated Public Rights-of-Way 10.90 Regulation of Smoking 2014S-46 1 10.56.010 CHAPTER 10.56: TRESPASSING UPON PARKING LOTS, SHOPPING CENTER PROPERTY AND OTHER PROPERTY OPEN TO THE PUBLIC Section 10.56.010 Definition—"Shopping center." loitering, accosting other persons for the purpose of 10.56.020 Unlawful. begging, and being under the influence of any drug or 10.56.030 Exception. liquor; 10.56.040 Regulation and enforcement by 6. Where the person willfully and maliciously property owner. obstructs the free flow of pedestrian movement within the 10.56.050 Enforcement of other laws meaning of Penal Code Section 647c; unaffected. 7. Where the person causes a noise disturbance in 10.56.070 Penalty. violation of Chapter 10.48 of this Code; or 8. Where the person smokes in violation of federal or state law, any provision of this Code or in violation of 10.56.010 Definition—"Shopping Center." smoking rules established by any shopping center within the "Shopping center" means a geographically integrated City. (Ord. 14-2121, § 7, 2014; Ord. 1666, § 2 (part), group of co,nercial establishments planned,developed and 1994; Ord. 880, (part), 1978) managed as a unit and capable of furnishing customers'daily needs of goods and services on a one-stop basis. (Ord. 880, 10.56.030 Exception. (part), 1978) The provisions of this chapter shall not apply where the owner,lessee or other person in charge of a shopping center 10.56.020 Unlawful. or other private property open to the public prohibits or A. It is unlawful for any person, other than a public unreasonably interferes with constitutionally protected free officer or employee acting within the scope of his or her speech activities. (Ord. 1666, § 2(part), 1994; Ord. 880, employment, to enter or remain on any shopping center (part), 1978) property, or any other private property open to the public within the City, after the owner, lessee or other person in 10.56.040 Regulation and Enforcement by Property charge of the property has, for good cause, demanded that Owner. such person remove themselves from the property. Nothing in this chapter prohibits owners, lessees or B. Good cause for removing someone from the other persons in charge of a shopping center or other private property is limited to the following instances: property open to the public from establishing and enforcing 1. Where the person participates in, or engages in regulations, in compliance with applicable law, which conduct which urges a riot, acts of force or violence, or the restrict free speech activities on their property. (Ord. 1666, burning or destroying of property within the meaning of § 2(part), 1994; Ord. 880, (part), 1978) Penal Code Sections 404 and 404.6; 2. Where the person participates in an unlawful 10.56.050 Enforcement of Other Laws Unaffected. assembly as deemed in Penal Code Section 407; Nothing in this chapter affects the power of authorized 3. Where the person engages in conduct which law enforcement officers to arrest and prosecute violators of constitutes a disturbance of the peace as deemed in Penal the California Penal Code, any other statute of the State of Code Section 415; California or other ordinances of the City. (Ord. 1666, §2 4. Where the person intentionally interferes with the (part), 1994; Ord. 880, (part), 1978) lawful conduct of business on the premises by obstructing or intimidating those attempting to carry on business, or by 10.56.070 Penalty. obstructing or intimidating their customers within the Any person violating any of the provisions of this meaning of Penal Code Section 602.1; chapter shall be deemed guilty of an infraction, and upon 5. Where the person engages in disorderly conduct conviction thereof shall be punished as provided in Chapter within the meaning of Penal Code Section 647, including 1.12. (Ord. 1666, §2(part), 1994; Ord. 880, (part), 1978) 2014S-46 37 10.90.010 CHAPTER 10.90: REGULATION OF SMOKING Section 10.90.010 Definitions. 10.90.020 Smoking Prohibited. 10.90.020 Smoking prohibited. A. Smoking is prohibited: 10.90.030 Other requirements and prohibitions. 1. In Recreational Areas; 10.90.040 Posting of signs. 2. In Outdoor Dining Areas; and 10.90.050 Violation-penalty. 3. At entrances, exits, operable windows, or air intake openings of any building area which is available or 10.90.010 Definitions. customarily used by the general public and which is The following words and phrases, whenever used in designed, established, or regularly used for selling or this chapter, shall have the meanings defined in this chapter consuming food or drink. unless the context clearly requires otherwise: B. Reasonable Smoking Distance Required. A. "Outdoor Dining Area" means any privately 1. Smoking in all unenclosed areas is prohibited owned or publicly owned area, street, or sidewalk,which is within a reasonable distance from any unenclosed areas in available or customarily used by the general public and which smoking is prohibited under Section 10.90.020A, which is designed, established, or regularly used for except while actively passing on the way to another consuIning food or drink. destination and provided smoke does not enter any area In B. "Reasonable distance"means a distance of 25 feet which smoking is prohibited. in any direction from an area in which smoking is 2. The smoking prohibitions in Section prohibited. 10.90.020B.1 shall not apply to unenclosed areas of private C. "Recreational Area" means any outdoor area, residential properties. including streets and sidewalks adjacent to Recreational C. Nothing in this chapter shall be construed to areas, owned or operated by the City of Cupertino and prohibit Smoking in any area in which such Smoking is open to the general public for recreational purposes, already prohibited by state or federal law unless the regardless of any fee or age requirement. The term applicable state or federal law does not preempt additional "Recreational Area" includes, but is not limited to parks, local regulation. picnic areas, playgrounds, sports fields, golf courses, D. No Person shall dispose of used Smoking waste walking paths, gardens,hiking trails,bike paths,horseback within the boundaries of an area in which Smoking is riding trails, swimming pools, roller-skating rinks, and prohibited by this chapter. skateboard parks, and parking lot or other area designated E. Each instance of Smoking in violation of this or primarily used for parking vehicles of persons accessing chapter shall constitute a separate violation. For violations a Recreational Area. other than Smoking, each day of a continuing violation of D. "Smoke" means the gases, particles, or vapors this chapter shall constitute a separate violation. (Ord. released into the air as a result of combustion, or 14-2121, § 3, 2014; Ord. 11-2077 (part), 2011) vaporization, when the apparent or usual purpose of the combustion, or vaporization is human inhalation of the 10.90.030 Other Requirements and Prohibitions. byproducts, except when the combusting or vaporizing A. No ash can, ashtray, or other Smoking waste material contains no tobacco or nicotine and the purpose of receptacle shall be placed in any area in which Smoking is inhalation is solely olfactory, such as, for example, smoke prohibited by this chapter. from incense.The term"Smoke"includes,but is not limited B. No Person shall dispose of used Smoking waste to, tobacco smoke, and marijuana smoke. within the boundaries of an area in which Smoking is E. "Smoking" means engaging in an act that prohibited by this chapter. generates Smoke, such as for example: possessing a lighted C. The presence of Smoking waste receptacles in pipe, lighted hookah pipe, a lighted cigar, or a lighted violation of subsection A. above or the absence of signs cigarette of any kind; or; or lighting or igniting of a pipe, shall not be a defense to a violation of any provision of this cigar,hookah pipe,or cigarette of any kind. (Ord. 14-2121, chapter. § 2, 2014; Ord. 11-2077 (part), 2011) 2014S-46 47 10.90.030 Cupertino-Public Peace, Safety and Morals 48 D. Each instance of Smoking in violation of this chapter shall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this chapter shall constitute a separate violation. (Ord. 11-2077 (part), 2011) 10.90.040 Posting of Signs. Where smoking is prohibited by this chapter, a clear conspicuous sign shall be posted at a conspicuous point within the area. The sign shall have letters of no less than one inch in height and shall include, either the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or "No Smoking" in words. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. (Ord. 14-2121, § 4, 2014) 10.90.050 Violation-Penalty. A. The remedies provided by this article are cumulative and in addition to any other remedies available at iaw or m equity. Except as Gt IIWIOe provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party. B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties. (Ord. 14-2121, § 5, 2014; Ord. 11-2077 (part), 2011) 2014S-46 5 Parks 13.04.090 13.04.090 Park and/or Building Permit—Fees and D. Construct or erect any building or structure of Deposit. whatever kind, whether permanent or temporary in Upon the granting of a permit under this chapter, any character, or run or string any public service utility into, fees or deposits required for the use of City personnel, upon or across such lands, except on special written permit building,equipment, and facilities shall be contained in said issued under this chapter; permit and said fees or deposits shall be paid by the E. Go upon any lawn or grass plot,where prohibited applicant within ten days of the receipt of said permit. If by the parks and recreation department, and where such said fees or deposits are not paid within said ten days, then, prohibition is indicated by proper and legible signs; in that event, the permit therefor issued shall be null and F. Damage, cut, carve, transplant or remove any void: tree or plant, or injure the bark, or pick the flowers or seeds A. Building fees and charges have been established of any tree or plant. Nor shall any person attach any rope, and are regulated by the type of organization or individual wire, or other contrivance to any tree or plant. No person usage proposed by the application and such fees are subject shall dig in, or otherwise disturb any grass area, or in any to change as required by personnel or City costs; way injure or impair the natural beauty or usefulness of any B. Building deposit fees are refundable upon to incite areas; violence, crime or disorderly conduct; approval of the G. Climb any tree or walk, stand or sit upon any City Manager, providing no damage arises from the monuments, vases, fountains, railing, fences, or upon any applicant's usage. (Ord. 531, § 9, 1972) other property not designated or customarily used for such purposes; 13.04.100 Park and/or Building Permit—Liability. H. Hunt, molest, harm, frighten, kill, trap, chase, Persons to whom an exclusive use permit has been tease,shoot or throw missiles at any animal,reptile,or bird; granted must agree in writing to hold the City harmless and nor shall any person remove or have in his possession the and,]_ . L.. rl.— l_....... it l;..l.;i;a., P-- 4— fn of n wild�n�- 1 or the Paas or nest for Voting of ututy uic City no any and au iiaunity ivi injury' to y ung . any , � aa� J young - persons or property occurring as a result of the activity any reptile or bird. Exception to the foregoing is made in sponsored by the permittee and said person shall be liable to that snakes known to be deadly poisonous, such as the City for any and all damage to parks, facilities, and rattlesnakes, or other deadly reptiles may be killed on sight; buildings owned by the City,which results from the activity I. Use any system for amplifying sounds, whether of permittee or is caused by any participant in said activity. for speech or music or otherwise, unless an exclusive use (Ord. 531 §10,1972) permit is first secured. (Ord. 531, § 12, 1972) 13.04.110 Park and/or building permit—Revocation. 13.04.130 Behavior of Persons in Parks. The City Manager shall have the authority to refuse a No person in a park shall do any of the following: permit upon a finding that any use or activity is in violation A. Bring to a park any alcoholic beverages, and no of the provisions of this chapter, or any other ordinance of person may drink alcoholic beverages at any time in a park, the City, or of any rule promulgated hereunder, or upon except picknickers, who may bring to a park, and drink, good cause shown. (Ord. 531, § 11, 1972) beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner; 13.04.120 Use of Park Property. B. Enter or remain in a park while under the No person in a park shall do any of the following: influence of intoxicating liquor or any drug; A. Wilfully mark, deface, disfigure, injure, tamper C. Have brought, or have in his possession, or set with or displace or remove any buildings, bridges, tables, off, or otherwise cause to explode or discharge or burn, any benches, fireplaces, railing, paving or paving material, firecrackers, torpedoes, rockets, or other fireworks or water lines or other public utilities or parts or appurtenances explosives of inflammable material, or discharge them or whatsoever, either real or personal; throw them into any such area from land or any highway B. Litter, soil or defile restrooms. No person over adjacent thereto. This prohibition includes any substance, the age of six years shall use restrooms and washrooms compound, mixture or article that, in conjunction with any designed for the opposite sex; other substance or compound would be dangerous from any C. Dig or remove any soil, rock, stones, trees, of the foregoing standpoints; shrubs or plants, down timber or other wood or materials, D. No person having the control or care of any dog, or make any excavation by tool, equipment, blasting or shall suffer or permit such dog to enter or remain in a park other means or agency. It is unlawful to gather firewood or or sport field,unless posted for such use, and then only if it to collect within the park any type of plant material for the is led by a leash of suitable strength not more than six feet purpose of building a campfire; in length,unless it is permitted to be off-leash by the City as 2013S-38 13.04.130 Cupertino -Parks 6 part of a City-authorized event or program; and the owner bay or other body of water in or adjacent to any park or any and the attendant shall be responsible for any damage tributary, stream, storm sewer or drain flowing into such caused, in any event, by such dog, even if on leash; waters, any substance, matter or thing, liquid or solid, E. Lead, ride, drive, keep or let loose any animal, which will or may result in the pollution of such waters; reptile or fowl of any kind, without a permit to do so from B. Dump,deposit or leave any bottles,broken glass, the Director of parks and recreation; ashes, paper, boxes, cans, refuse or trash on the grounds F. Make or kindle a fire for any purpose, except at thereof. Such items shall be placed in the proper receptacles places provided for such purpose, unless prior special where these are provided; and, where such receptacles are permission be obtained therefor from the Director; not provided,all such rubbish or waste shall be carried away G. Enter an area posted as "Closed to the Public," from the park by the person responsible for its presence,and and no person shall use, or abet the use of, any area in properly disposed of elsewhere. (Ord. 531, § 14, 1972) violation of posted notices; H. Play or bet at or against any game which is 13.04.150 Vehicle Requirements. played, conducted, dealt, or carried on for money, chips, No person in the park shall do any of the following: shell, credit or any other representative of value, or A. Fail to comply with all applicable provisions of maintain or exhibit any gambling table or other instrument the Vehicle Code of the state in regard to equipment and of gambling or gaming, or play any game prohibited by any operation of vehicles, together with such regulations as are other ordinance of the City; contained in this chapter and any other ordinances of the I. Sleep, or protractedly lounge, on the seats, City regulating traffic; benches, or other areas, or engage in loud, boisterous, B. Fail to obey all traffic officers and park threatening, abusive, insulting, or indecent language, or employees who are hereafter authorized and instructed to engage in any disorderly conduct or behavior tending to a direct traffic in the parks in accordance with the provisions breach of the public peace; of this chapter and such supplementary regulations as may J. Use, carry, or possess firearms of any be issued by the Director; description, or air rifles, spring guns, bow and arrows, C. Fail to observe carefully all traffic signs slings or any other forms of weapons potentially dangerous indicating speed,direction,caution,stopping or parking and r to wild life or to human safety. Shooting into park areas all other signs posted for proper control and to safeguard life from beyond park boundaries is prohibited; and property; K. Solicit alms or contributions for any purpose, D. Ride or drive a vehicle at a rate of speed whether public or private,without prior permission from the exceeding fifteen miles an hour, except upon such roads as City Council; the City may designate by posted signs for speedier travel; L. Use or allow the use of powered model airplanes E. Drive any vehicle on any area except paved roads except in areas so designated by the department of parks and or parking areas, or such other areas as may be specifically recreation; designated as temporary parking areas by the department of M. Play or practice golf or use golf clubs in any area parks and recreation; of the park not designated for such use; F. Park a vehicle in other than an established or N. Indulge in riotous, boisterous, threatening or designated parking area,and such use shall be in accordance indecent conduct. with the posted directions there, and with the instructions of O. No person shall skate or rollerblade in a manner any attendant who may be present; that causes damage to park amenities or threatens the safety G. Ride a motorcycle,motor bike,or similar vehicle or well being of park patrons. Skating or rollerblading is in any park, except where used to transport invalid persons; prohibited on raised surfaces where signed. H. Ride a bicycle on other than a paved road or path. P. Feeding Waterfowl Prohibited. No person shall Notwithstanding the foregoing,no person may ride a bicycle feed or in any manner intentionally provide food to any on a paved road or path where such activity is prohibited by waterfowl (geese, ducks, or coots) in any City park. (Ord. posted signage. A bicyclist may wheel or push a bicycle by 13-2105, § 2, 2013; Ord. 12-2101, § 1 (part), 2013; Ord. hand over any grassy area, wooded trail, or over any other 1945,2004; Ord. 1886, (part),2001;Ord. 531, § 13, 1972) area in which bicycle riding is otherwise prohibited; I. Ride a bicycle other than on the righthand side of 13.04.140 Sanitation Requirements. the road paving as close as conditions permit, and bicycles No person in a park shall do any of the following: shall be kept in single file when two or more are operating A. Throw, discharge or otherwise place or cause to as a group. Bicyclists shall at all times operate their be placed in the waters of any fountain,pond, lake, stream, machine with reasonable regard to the safety of others, 2014 S-46 Repl. 14.18.010 CHAPTER 14.18: PROTECTED TREES Section 14.18.010 Purpose. D. Assist in the absorption of rain waters, thereby 14.18.020 Definitions. preventing erosion of top soil, protecting against flood 14.18.030 Actions prohibited. hazards and the risk of landslides; 14.18.040 Retention promoted. E. Counteract air pollutants by protecting the known 14.18.050 Protected trees. capacity of trees to produce pure oxygen from carbon 14.18.060 Plan of protection. dioxide; 14.18.070 Heritage tree designation. F. Maintain the climatic balance (e.g., provide 14.18.080 Heritage tree list. shade); 14.18.090 Heritage tree identification tag. G. Help decrease potential damage from wind 14.18.100 Recordation. velocities; 14.18.110 Application and approval authority For the above reasons, the City finds it is in the public for tree removal permit. interest, convenience and necessity to enact regulations 14.18.120 Action by Director. controlling the care and removal of protected trees within 1 A 1 O 13A • A the C order to retain au ma+TiV T s as -oss le I+.io.lov NGtiCc ariu posting. L City ,,. a— , tee r _ _ , 14.18.140 Tree Management Plan. consistent with the individual rights to develop,maintain and 14.18.150 Exemptions. enjoy their property to the fullest possible extent. (Ord. 14.18.160 Tree replacement. 14-2126, § 3 (part), 2014; Ord. 13-2107, § 2(part), 2013; 14.18.170 Retroactive tree removal permit. Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1573, 14.18.180 Review, determination and findings §2, 1991; Ord. 1543, § 2, 1991) 14.18.190 Notice of action on permit- Appeal. 14.18.200 Protection during construction. 14.18.020 Definitions. 14.18.210 Protection plan before demolition, Unless otherwise stated, the following definitions grading or building permit granted. pertain to this chapter. 14.18.220 Penalty. A. "Approved development tree(s)"means any class - of tree required to be planted or retained as part of an approved development application, building permit, tree 14.18.010 Purpose. removal permit or code enforcement action in all zoning In enacting this chapter, the City of Cupertino districts. recognizes the substantial economic, environmental and B. "Arborist" is an individual certified by the aesthetic importance of its tree population. Protected trees International Society of Arboriculture. are considered a valuable asset to the community. The C. "City" means the City of Cupertino situated in protection of such trees in all zoning districts is intended to the County of Santa Clara, California. preserve this valuable asset. The City finds that the D. "Dead tree" means a tree that is not living preservation of protected trees, and the protection of all whatsoever as objectively verifiable, or a tree that has trees during construction, is necessary for the best interests declined to such an extent that its demise is imminent with of the City and of the citizens and public thereof, in order no opportunity for recovery or repair to a reasonable viable to: level as determined by the Director of Community A. Protect property values; Development. B. Assure the continuance of quality development; E. "Developed residential" means any legal lot of C. Protect aesthetic and scenic beauty; record,zoned single-family,duplex, agricultural residential and residential hillside, with any structure (principal or accessory) constructed thereon. 33 2014S-46 14.18.020 Cupertino -Streets, Sidewalks and Landscaping 34 F. "Development application"means an application S. "Tree removal" means any of the following: for land alteration or development, including but not limited 1. Complete removal, such as cutting to the ground to subdivision of property, rezoning, architectural and site or extraction, of a protected tree; or approval, two-story residential permit, minor residential 2. Severe pruning, which means the removal of permit, planned development permit, variance, and use more than one-fourth of the functioning leaf and stem area permit. of a protected tree in any twelve-month period as determined G. "Diameter at breast height (DBH)" means the by the Community Development Director. diameter of a single tree trunk measured four and one-half T. "Tree removal permit" means a permit for tree feet from natural grade. For multi-trunk trees, the diameter removal of any protected trees pursuant to Section shall be inclusive of all trunks/stems. In cases where a tree 14.18.050. (Ord. 14-2126, §3(part),2014; Ord. 13-2107, trunk is irregular in shape, the circumference may be used § 2 (part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2056, to measure the size of the tree. Where the natural grade is (part), 2010; Ord. 2003, 2007; Ord. 1886, (part), 2001; at a slope, the measurement shall be taken at the median Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. grade. Median grade is the average grade in between the 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, ground at he highest point and the ground at the lowest point 1991) of the tree trunk. H. "Heritage tree" means any tree or grove of trees 14.18.030 Actions Prohibited. which, because of factors including, but not limited to, its A. It is unlawful to deliberately act in a manner that historic value, unique quality, girth, height or species, has shall cause any protected tree to be irreversibly damaged or been found by the Planning Commission to have a special to die; and significance to the community. B. It is unlawful to remove any protected tree in any I. "Owner" shall include the legal owner of real zoning district without first obtaining a tree removal permit w:_ he n:... a i,...� H as required by S-tin" 14.153.11(1 unless a permit ig not pruper%y wiuiva iuc any, anu any awow oa soca,^owner. r�------ J. "Person" shall include an individual, a firm, an required per Section 14.18.150. (Ord. 14-2126, §3 (part), association, a corporation, a copartnership, and the lessees, 2014; Ord. 13-2107, §2(part),2013;Ord.2085, §2(part), trustees, receivers, agents, servants and employees of any 2011; Ord. 2003, 2007) such person. K. "Private property" shall include all property not 14.18.040 Retention Promoted. owned by the City. Protected trees are considered an asset to the L. "Privacy planting"means any privacy protection community and the pride of ownership and retention of these planting,including trees and/or shrubs,required pursuant to species shall be promoted. The Director of Community Chapter 19.28. Development may conduct an annual review of the status of M. "Public property"includes all property owned by heritage trees and report the findings to the Planning the City. Commission. (Ord. 14-2126, § 3 (part), 2014; Ord. N. "Protected tree"means any class of tree specified 13-2107, §2(part),2013;Ord.2085, §2(part),2011; Ord. in Section 14.18.050. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1543, § 4.1, O. "Retroactive tree removal permit"means a permit 1991) required after removal of a protected tree. P. "Specimen tree"means any class of tree specified 14.18.050 Protected Trees. in Section 14.18.050. Except as otherwise provided in Section 14.18.170,the Q. "Specimen tree, mature" means any specimen following trees shall not be removed without first obtaining tree with a minimum single-trunk of twelve inches DBH a tree removal permit: (thirty-eight inch circumference) or multi-trunk DBH of A. Heritage trees in all zoning districts. twenty-four inches (seventy-five-inch circumference) or B. All mature specimen trees of the following greater. species on private property(see Appendix A): R. "Specimen tree, non-mature" means any 1. Quercus (native oak tree species), including: specimen tree with a single-trunk less than twelve inches a. Quercus agrifolia(Coast Live Oak); DBH(thirty-eight-inch circumference)or multi-trunk DBH b. Quercus lobata(Valley Oak); of less than twenty-four inches (seventy-five-inch c. Quercus kelloggii(Black Oak); circumference). 2014S-46 35 Protected Trees 14.18.050 d. Quercus douglasii(Blue Oak); C. Approval authority. e. Quercus wislizeni (Interior Live Oak); 1. Application for designation of aheritage tree shall 2. Aesculus californica(California Buckeye); be referred to the Planning Commission for review and 3. Acer macrophyllum(Big Leaf Maple); determination in accordance with Chapter 19.12 of the 4. Cedrus deodara(Deodar Cedar); Cupertino Municipal Code. 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar); 2. The Planning Commission, may, by resolution, 6. Umbellularia californica (Bay Laurel or designate a tree or grove of trees as a heritage tree(s). (Ord. California Bay); and 14-2121, § 3 (part), 2014; Ord. 13-2107, §2(part), 2013: 7. Platanus racemosa(Western Sycamore). Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. 1715, C. Approved development trees(s). (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 4.2, D. Approved privacy protection planting in R-1 1991) zoning districts. (Ord. 14-2121, § 3 (part), 2014; Ord. 13-2107, §2(part),2013;Ord.2085, §2(part),2011;Ord. 14.18.080 Heritage Tree List. 2003, 2007) A heritage tree list shall be created and amended by resolution. The list shall include the reason for designation, 14.18.060 Plan of Protection. tree circumference, species name, common name, location As part of a development application: and heritage tree number. (Ord. 14-2121, §3 (part), 2014; A. The approval authority shall adopt a maintenance Ord. 13-2107, §2(part),2013;Ord.2085, §2(part),2011; plan for protected trees. It shall be the property owner(s) Ord. 2003, 2007; Ord. 1543, §4.3, 1991) responsibility to protect the trees. B. Privacy planting in R-1 zoning districts shall be 14.18.090 Heritage Tree Identification Tag. maintained. Landscape planting maintenance include Heritage trees shall have on them an identification tag, .rngaticn, fertihzatior.a^.d p arang as necessary to yiPlrl a purchaser) and n aceri by the. City. inscribed with the growth rate expected for a particular species.Where privacy following information: planting dies, it must be replaced within thirty days with the location, size and species described in Ordinance No. 1799 CITY OF CUPERTINO (privacy protection)and its appendix.The affected property HERITAGE TREE NO. owner, with privacy protection planting on his or her lot, is is protected by the Protected Trees Ordinance. required to maintain the required planting and shall be Do not prune or cut required to comply with Section 14.18.100. (Ord. 14-2126, before contacting the City Planning Department §3(part),2014;Ord. 13-2107, §2(part),2013;Ord. 2085, at(408) 777-3308. §2(part),2011; Ord. 2003,2007; Ord. 1810, (part), 1999; (Ord. 14-2121, § 3 (part), 2014; Ord. 13-2107, § 2 (part), Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991) 2013; Ord. 2085, § 2(part), 2011; Ord. 2003, 2007; Ord. 1543, §4.7, 1991) 14.18.070 Heritage Tree Designation. A. Initiated by. Application for designation of a 14.18.100 Recordation. heritage tree may only be initiated by the owner of property Heritage tree, privacy planting, and approved on which the tree is located, unless the tree is located on development trees are required to be retained as part of an public or quasi-public property. Any person may apply for application under Section 14.18.050C. and Section a designation of a heritage tree if the tree(s) are located on 14.18.050D. and shall have retention information placed on public or quasi-public property. the property deed via a conservation easement in favor of B Application. In addition to requirements of the City, private covenant, or other method as deemed Section 14.18.110, an application for a heritage tree appropriate by the Director. The recordation shall be designation shall include: completed by the property owner prior to final map or 1. Assessor's parcel number of the site; building permit issuance, or at a time as designated by the 2. Description detailing the proposed heritage tree's Director of Community Development when not associated special aesthetic,cultural,or historical value of significance with a final map or building permit issuance. (Ord. to the community; and 14-2126, § 3 (part), 2014; Ord. 13-2107, § 2(part), 2013; 3. Photographs of the tree(s). Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. 1573, §4.6, 1991; Ord. 1543, §4.6, 1991) 2014S-46 14.18.110 Cupertino -Streets, Sidewalks and Landscaping 36 14.18.110 Application and Approval Authority for C. Approval authority. Tree Removal Permit. 1. The Director of Community Development shall No person shall directly or indirectly remove or cause have the final review and determination on applications for to be removed any protected tree without first obtaining a protected tree removals in accordance with Section tree removal permit,unless such tree removal is exempt per 14.18.120; except for heritage tree removals and tree Section 14.18.150.An application for a tree removal permit removals in conjunction with development applications.The shall be filed with the Department of Community Director of Community Development may refer the Development and shall contain the following information application to another approval authority for a report and based on the size and type of the protected tree: recommendation. A. Application requirements. C. Application for tree removals in conjunction with 1. An application request to remove a mature a development application shall be considered by the specimen tree with a single-trunk DBH of twelve inches to approval authority concerning the same property as the twenty-four inches (multi-trunk twenty-four to forty-eight affected tree removal permit application, and the inches DBH), shall provide the following: determination on the tree removal permit shall be made a. A drawing outlining the location of the tree(s)and concurrently by the approval authority. proposed tree replacements. D. Application for removal of a heritage tree shall be b. A written explanation of why the tree(s)should be referred to the Planning Commission for final review and removed. determination in accordance with Chapter 19.12. (Ord. c. Signature of the property owner and/or 14-2126, §3 (part), 2014; Ord. 13-2107, § 2(part), 2013; homeowner's association (where applicable) with proof of Ord. 2085, § 2(part), 2011; Ord. 2003, 2007; Ord. 1630, a vote of the homeowner's association; (part), 1993; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, d. Permit fee, where applicable. § 8.1 (part), 1991) 2. An application request to remove a her.+age tree, privacy planting tree,approved development tree,or mature 14.18.120 Action by Director. specimen tree with single-trunk DBH greater than Upon receipt of a complete tree removal permit — twenty-four inches or multi-trunk greater than forty-eight application,the Director of Community Development or his i inches DBH,require the following in addition to application or her authorized representative will: requirements a. through d. listed above: A. Review the application pursuant to Section a. Photograph(s) of the tree(s). 14.18.180; b. An arborist report from an arborist certified by B. At the Director's discretion, conduct a site visit, the International Society of Arboriculture. within fourteen days, to inspect the tree(s) for which c. Notice and posting per Section 14.18.130. removal is requested. Priority of inspection shall be given to d. Other information deemed necessary by the those requests based on hazard or disease; and Director of Community Development to evaluate the tree C. Send notices or schedule a hearing in accordance removal request. with requirements in Section 14.18.130 and Chapter 19.12. B. Maximum tree removal cap. In the Rl, Al, A, (Ord. 14-2126, § 3 (part), 2014) RHS, and R2 zones, an applicant may remove up to six mature specimen trees or five percent of mature specimen 14.18.130 Notice and Posting. trees on the property (whichever is greater) with a A. Notice and posting shall be provided as indicated single-trunk between twelve and twenty-four inches in Sections 19.12.030 and 19.12.110F for the following tree (multi-trunk between twenty-four and forty-eight inches) removal permits: within a thirty-six month period.The thirty-six month period 1. Mature specimen trees with single trunk over will start from the date of the approved tree removal permit. twenty-four inches DBH or for multi-trunk over forty-eight Applications requesting to remove additional trees within a inches DBH; thirty-six month period will require an arborist report and 2. Heritage trees; notification per Section 14.18.130. 3. Privacy planting trees; 4. Approved development trees; and 5. Mature specimen trees exceeding the maximum tree removal cap (Section 14.18.11013). 2014S-46 37 Protected Trees 14.18.130 B. Where approval of a tree removal permit that is management plan application, and the determination on the subject to the notice and posting requirements of this section tree management plan shall be made concurrently by the is granted by the City, the property owner shall retain the approval authority. In the instance where a development posted notice on site until the tree is removed. applicant is not required per Table 19.12.030, the Director C. Specimen trees with single trunk under of Community Development shall review and approve the twenty-four inches DBH or multi-trunk under forty-eight tree management plan. inches DBH, and trees listed under exemptions in Section C. Recordation. The property owner shall have 14.18.150 do not require notice or posting. (Ord. 14-2126, retention information placed on the property in accordance §3(part),2014;Ord. 13-2107, §2(part),2013; Ord.2085, with Section 14.18.100, referring the approved tree § 2(part), 2011; Ord. 2003, 2007) management plan, upon approval. D. Permits.Trees that are listed to be removed in the 14.18.140 Tree Management Plan. tree management plan may be removed within the specified A tree management plan may be approved for a time frame per the tree management plan without a tree property that includes criteria for the removal of certain removal permit, except for trees designated as heritage trees in the future by anticipating the eventual growth of trees. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, §2 trees on the property and specifying a time frame in which (part),2013; Ord. 2085, §2(part),2011; Ord. 2003, 2007) the trees may require removal to prevent overcrowding of trees. Additional criteria may be considered for the phased 14.18.150 Exemptions. removal of trees, including, but not limited to: site A. A tree removal permit is not required in the maintenance, accessibility improvements, natural tree following situations: lifespan, and landscape/site improvements that are 1. Non-mature specimen tree(s) with single-trunk determined to be appropriate by the Community less than twelve inches DBH or multi-trunk less than Development Director. Nienty_fnn inrhec T)RTH_ A. Application. An application for a tree 2. Thinning out/removing of trees in accordance management plan shall contain the following: with a recorded tree management plan that has been 1. A tree plan indicating all existing trees to be approved in accordance with Section 14.18.140. retained and all new trees to be planted that are part of the 3. Public utility actions,under the jurisdiction of the approved landscape plan; Public Utilities Commission of the State of California, as 2. Labeling of the species, size in DBH at planting may be necessary to comply with their safety regulations,or time or at time of tree management plan approval, location to maintain the safe operation of their facilities. and eventual growth size of each tree on the plan; B. The following circumstances warrant the removal 3. A written explanation of the specific tree(s)to be of trees prior to securing a permit from the City; however removed, including the eventual growth size in DBH at a tree removal permit application, with no application fees which time the tree is to be removed, and a time frame in or noticing required,must be filed within five working days which the tree(s) will reach the eventual growth size; as described in Sections 14.18.170. Tree replacements may 4. Tree survey plan indicating the number, be required in conjunction with approval of this tree removal location(s), variety and size(measured four and a half feet permit (Section 14.18.160): above grade) of tree(s)to be removed; 1. Removal of a protected tree in case of emergency S. A strategic replacement planting plan to manage caused by the hazardous or dangerous condition of a tree, growth during tree growth phases; requiring immediate action for the safety of life or property, 6. An arborist report from an arborist certified by including but not limited to, (e.g., a tree about to fall onto the International Society of Arboriculture for all mature a principle dwelling due to heavy wind velocities, a tree specimen trees; and deemed unsafe,or a tree having the potential to immediately 7. Notice and posting to residence, Section damage existing or proposed essential structures), but only 14.18.130, upon order of the Director of Community Development, or B. Approval authority, An application for a tree any member of the sheriff or fire department. However, a management plan in conjunction with a development subsequent application for tree removal must be filed within application shall be considered by the approval authority five working days as described in Sections 14.18.110 concerning the same property as the affected tree through 14.18.120. The Director of Community 2014S-46 14.18.150 Cupertino -Streets, Sidewalks and Landscaping 38 Development will approve the retroactive tree removal 2. The approval authority shall work with the permit application and may require tree replacements in applicant/property owner of the tree removal permit to conjunction with the approval. No application fee or other determine the location of the replacement tree(s). approval process shall be required in this situation. B. In lieu fees.The following provisions apply to all zones unless otherwise noted below: 2. Dead trees, as determined by the Director of 1. If a replacement tree cannot reasonably be planted Community Development prior to removal. However, a on the subject property as determined by a certified arborist, subsequent application for a tree removal must be filed an in-lieu fee shall be paid by the person requesting the tree within five working days as described in Section 14.18.110 removal permit. Fees shall be paid to the City's Tree Fund through 14.18.120. The Director of Community to: Development will approve the retroactive tree removal a. Add or replace trees on public property in the permit application and may require tree replacements in vicinity of the subject property; or conjunction with the approval. No application fee or other b. Add trees or landscaping on other City property. approval process shall be required in this situation. (Ord. 2. The in-lieu fee for a mature specimen tree with 14-2126, § 3 (part), 2014; Ord. 13-2107, § 2(part), 2013; trunk size equal to or less than thirty-six inches, shall be Ord. 2085, § 2(part), 2011; Ord. 2003, 2007; Ord. 1835, based upon the purchase and installation cost of the (part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), replacement tree as determined by the Director of 1993; Ord. 1543, § 7.1, 1991) Community Development. 3. The in-lieu tree replacement fee for a heritage 14.18.160 Tree Replacement. tree or tree with a trunk size greater than thirty-six inches, A. Tree replacement: shall be based upon the valuation of the removed tree by 1. The approval authority may impose the following using the most recent edition of the ISA Guide for Plant replacement standards for appro'v'al of each tree to be AppraiSal Inuhliclheri by the Council of Tree and Landscape removed in conjunction with an approved tree removal Appraisers. permit,unless deemed otherwise by the approval authority. 4. If the subject property is within the Rl, Al, A, Table 14.18.160A may be used as a basis for this PHS, and R2 zones, the person requesting the tree removal requirement. permit has the option to pay the fee in-lieu of planting a replacement tree. Where the applicant would like to plant a Table 14.I8.I60A-Replacement Tree Guidelines replacement tree,but demonstrates it is physically infeasible to plant on the subject property, the in-lieu fee shall be Diameter of Trunk Size of Replacement Trees based on the purchase and installation cost of the Removed Tree (Measured replacement tree as determined by the Director of 4V22 feet above grade) Community Development. In cases where it is physically feasible to plant,but the applicant chooses to pay the in-lieu Up to 12 inches* One 24" box tree fee instead of planting a replacement tree on the subject property, payment shall be equivalent to one and one-half Over 12 inches and up to 18 Two 24" box trees or the calculated in-lieu tree replacement fee. (Ord. 14-2126, inches One 36" box tree §3(part),2014;Ord. 13-2017, §2(part),2013;Ord.2085, §2(part), 2011) Over 18 inches and up to 36 inches 14.18.170 Retroactive Tree Removal Permit. Over 36 inches One 36" box tree An application for a retroactive tree removal shall be required for any protected tree removal prior to approval of Heritage tree One 48" box tree a tree removal permit.The application shall be filed with the Development of Community Development on forms *Does not apply to Rl, Al, A, RHS, and R2 zones prescribed by the Director of Community Development and except required privacy plantings trees in Rl zones shall be subject to the requirements of a tree removal permit. The applicant shall pay a retroactive tree removal permit fee as determined by the Director of Community Development. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, §2(part),2013;Ord.2085, §2(part),2011;Ord. 2003, 2007) 2014S-46 38A Protected Trees 14.18.180 14.18.180 Review, Determination and Findings. 14.18.200 Protection During Construction. A. The approval authority shall approve a tree Protected trees and other trees/plantings required to be removal permit only after making at least one of the retained by virtue of a development application, building following findings: permit, or tree removal permit shall be protected during 1. That the tree or trees are irreversibly diseased, demolition, grading and construction operations. The are in danger of falling, can cause potential damage to applicant shall guarantee the protection of the existing tree(s) existing or proposed essential structures, or interferes with on the site through a financial instrument acceptable to the private on-site utility services and cannot be controlled or Director of Community Development. (Ord. 14-2126, § 3 remedied through reasonable relocation or modification of (part), 2014; Ord. 13-2107, § 2(part), 2013; Ord. 2085, § the structure or utility services; 2(part), 2011; Ord. 2003, 2007; Ord. 1543, § 10.1, 199 1) 2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the 14.18.210 Protection Plan Before Demolition, use of property in a manner not typically experienced by Grading or Building Permit Granted. owners of similarly zoned and situated property, and the A. A plan to protect trees described in Section applicant has demonstrated to the satisfaction of the approval 14.18.200 shall be submitted to the Director of Public authority that there are no reasonable alternatives to Works and to the Director of Community Development prior preserve the tree(s). to issuance of a demolition, grading or building permit. The 3. That the protected tree(s) are a detriment to the plan shall be prepared and signed by a licensed landscape subject property and cannot be adequately supported architect or arborist certified by the International Society of according to good urban forestry practices due to the Arboriculture and shall be approved by the Director of overplanting or overcrowding of trees on the subject Community Development. The Director of Community property. Development shall evaluate the tree protection plan based 4. ia.t the filature specimen trees with Jingle trunk upon the tree protection standards contained m AY nd'x A between twelve inches DBH and twenty-four inches DBH, at the end of this chapter. or multi-trunk between twenty-four inches DBH and B. The Director of Community Development may forty-eight inches DBH in Rl, Al, A, RHS, and R2 zones waive the requirement for a tree protection plan both where will be replaced by planting a replacement tree and/or by the construction activity is determined to be minor in nature contribution to the City's Tree Fund. (minor building or site modification in any zone)and where B. The approval authority may refer the application the proposed activity will not significantly modify the to another department or commission for a report, its ground area within the drip line or the area immediately review, recommendation and/or decision. surrounding the drip line of the tree. The Director of C. The approval authority shall approve, Community Development shall determine whether the conditionally approve or deny the application. construction activity is minor in nature and whether the D. The approval authority may require tree activity will significantly modify the ground area around the replacement(s) or accept a tree replacement in-lieu fee per tree drip line. (Ord; 14-2126, § 3 (part), 2014; Ord. Section 14.18.160 in conjunction with a tree removal 13-2107, §2(part),2013;Ord.2085, §2(part),2011;Ord. permit. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, § 2003, 2007; Ord. 1543, § 10.2, 1991) 2 (part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. 1573, § 9.1, 1991; Ord. 1543, § 9.1, 1991) 14.18.220 Penalty. Violation of this chapter is deemed an infraction unless 14.18.190 Notice of Action on Permit-Appeal. otherwise specified. Any person or property owners, or his A. Notice of the decision on an application for a or her agent or representative who engages in tree cutting or protected tree removal permit shall be provided in removal without a valid tree removal permit is guilty of an accordance with Section 19.12.150. The notice of decision infraction as outlined in Chapter 1.12 of this code and/or shall be personally delivered or mailed to the applicant. may be required to comply with Sections 14.18.160 and B. Any decision made by the approval authority on 14.18.170. (Ord; 14-2126, §3(part),2014; Ord. 13-2107, the tree removal application may be appealed in accordance § 2(part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2003, with Chapter 19.12. (Ord. 14-2126, §3 (part),2014; Ord. 2007; Ord. 1810, (part), 1999; Ord. 1731, (part), 1996; 13-2107, §2(part), 2013; Ord. 2085, § 2(part), 2011) Ord. 1543, § 12.1, 1991) 2014S-46 38C Protected Trees Appendix A APPENDIX A STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION OPERATIONS The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.1.8.200 and Section 14.18.210 of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. Standards 1. A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). 2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a six-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect or arborist. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. 3. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. A "t_ L'-....:.._...-":- A +.... + +o..+..,,h.,,-r:or f^vr tl:e tree,the°eCt.Cn Of trench in the drip lane cha11 bP.hand dug 't. 11 lleltl+111116' is icLIulLeu to penetrate the pro Ict'On Dari...- .., p line so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. 5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 6. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. 8. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. 9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. 10. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 11. Tree protection regulations shall be posted on protective fencing around trees to be protected. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, §2(part), 2013; Ord. 2085, § 2(part), 2011; Ord. 2003, 2007) 2014S-46 38E Protected Trees Appendix B APPENDIX B REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH SECTION 14.18.050B. EXAMPLES OF SOME OAK TREE VARIETIES Valley Oak(Quercus lobata) 4 _n AI Coast Live Oak(Quercus Agrifolia) rF 64, i7i:R Y sil"' ef.. c i4 2014S-46 a •c-*.�•- i i_- f it za y •� 1„� AlMf pp e5 a�iLWY -3- •S�'-�M�.R�.7 4r�sr x�"tF` '"rn 'lY'��.,�"4a1"'s"�r�� -;i 1 No Ml I ,,r j. -r.'res,.-4+•��l+,•w`. P �.(. -J'd-''-."�k�a`ri V r t � - x4 J .ir fri J �Jl1. 1 �. t� t,�Y°a,',"� - yiR: .'s-�• S ;: 1,{�irt — } �'-'$.+�E�fr gib f7•i' �*}'�#i�"a r 5��- �-t'� '�.h ? ..�� y¢sr�"N �` i qP .:,},t t a �se L.: ft,"; ° �.•.�v�,'`. '.tY, a � r��•�#. }�A'�x §�r¢�Adaaa�p�'�.� �" �E'xa��..; � �+r�,^{�•:rt _ icy A" a fi sa tt �F ,.p N'd._. 7`" ... '�i �.'Z ^�,'� P u yet � f�`t!+�•' L, P2 3 t.lt�Y ✓r �,,"+ •' %` �. „k¢�,�VA �r '= •�.•F - :°.. moi' '�-'..�� ],, .�.,y,,,�y.� �.-37 A � A�... Mrg.A _� 'R+�j1aL'R �s� �•v�. lg�� 4 �� _Y �"}ur '• 'a. �i�g.Y� �y "t `q* .v'`a.�q.'`5y`+-iy-d{,_. :' � g'�' moi'. !•moi'i�� _ :T.F G`°'�"'+'a'•i„ 3 .kT` -q �`Qxt"fi(��' t +'_ 4 a '•L a�'' �y�. ,k4 y _ e j l - �,G.9: c_'.$ Ya' ii s=-.-, 'a' "4��-r-r ' [ .�'a, "§ -•R y,`F`l�.'•47 �"Y• ,rte,'. ' f.� •y,.• �� r 1Wi1j• } : �� .��..•' �.t .�. r,fy. .t 4 .+. ,tom �`�� i - � t. � Y �9�� R� `Jff'. ;`i�•4R � qj J -i •�iA� (..4 i�A%��.. ..a SSS�� u{ .fir '#3~ 'e; � �" 'w� 4 ^ t,r--•.f �a u r � � �, x'f 1 4fa"' y,9 •rt Zp ; r i"ti.''. 3 u a � s+" a: i• ' `rte �..- �'�'�- „ 'mss 3a :a .+ %•'- !i ti £tea 1-:- 1; ©Ent Eirps �Y [ if � _ 15,..s•} � e• � y7.., IL",•. s jotv �1 .`3 �4e`'�3S F.S•��yySy�,p�' tea} s � A 5•<"s"�•i�'dF•*�x"; •-�k4�'"`r �„ 4 '1... -C� � *'..�-"'^'� Baa •, �`�•�',M�S t,ysel y 4 �k ;1`lea�•�+� i. • • 1 i. 1 •" • 1 I 27 Comprehensive Ordinance List Ord. No. Ord. No. 1570 Amends § 2.84.010, Environmental 1593 Amends § 16.56.010, housing code Review Committee (2.84) (Repealed by 1710) 1571 Adds Ch. 9.18, nonpoint source 1594 Amends Ch. 16.40, fire code pollution(9.18) (Repealed by 1711) 1572 Repeals and replaces Ch. 6.24, 1595 Amends §§ 16.32.020, 16.32.030, garbage collection(6.24) 16.32.040, 16.32.050, swimming 1573 Amends Ord. 1543, heritage and pools (16.32) (16.32.020, 16.32.030, specimen trees (14.18) 16.32.040, 16.32.050 Repealed by 1574 Rezone (Special) Ord. 13-2115) 1575 Adds Art. 13 to Title 18, hillside 1596 Amends § 2.44.120, architectural and subdivision requirements (18.52) site approval committee(Repealed by 1576 Adds Ch. 2.86, Affordable Housing 1630) Committee (2.86) 1597 (Number not used) 1577 Amends Ch. 11.24 [§ 11.24.150], 1598 Amends entirety of Ch. 9.18, repeals parking prohibition along certain former sections 9.18.150--9.18.180, streets (11.24) nonpoint source pollution(9.18) 1578 Amends § 11.24.150, parking (9.18.050 Repealed by Ord. 2088) prohibitions on Stevens Creek 1599 Adds Ch. 3.36, storm drainage service Boulevard(11.24) charge(3.36) 1579 Amends § 11.12.030, speed limit on 1600 Amends § 3.34.030(A), telephone use Bandley Drive (11.12) tax(3.34) I 580 Amends Ch. 15.32, water conservation 1601 Adds Title 19 and repeals Ords. (15.32) 002(b-1), (k), (x), (y), NS-1200 §§ 29 1581 Repeals Ch. 2.38 (Repealer) and 30, 220(g) and(1), 575, 618, 652, 1582 Adds Ch. 3.22, purchase of supplies 664, 668, 779, 802, 906, 1277, 1344, and equipment; repeals Ch. 3.24 1449, 1450, 1451, 1452, 1484 and (3,22) 1495, zoning(19.02, 19.04, 19.08, 1583 Adds Ch. 3.23, public works contract 19.12(Repealed by Ord. 2085), 19.16, and bidding procedures (3.23) 19.20 (Repealed by Ord. 2085), 19.24, 1584 Amends § 11.12.030, speed limit on 19.28, 19.32, 19.36, 19.40, 19.44, Miller Avenue(11.12) 19.48 (Repealed by Ord. 2073), 19.52 1585 Amends §§ 11.29.030--11.29.060, on- (Repealed by Ord. 2085), 19.56 site parking(Repealed by 1940) (Repealed by Ord. 2085), 19.60 1586 Adds Ch. 11.38, transportation (Repealed by Ord. 2085), 19.64 demand management(Repealed by (Repealed by Ord. 2085), 19.68, 1731) 19.72, 19.76, 19.80 (Repealed by Ord. 1587 Amends §§ 15.32.010, 15.32.020, 2085), 19.84 (Repealed by Ord. 2085), 15.32.030, 15.32.050, and 15.32.060, 19.88 (Repealed by Ord. 2085), 19.92, water conservation(15.32) 19.96, 19.100, 19.104 (Repealed by 1588 Adds Ch. 10.27, cigarette and/or Ord. 2085), 19.108 (Repealed by Ord. tobacco vending machines (10.27) 2085), 19.112, 19.116, 19.120, 1589 Amends § 11.24.150, parking 19.124, 19.128, 19.132(Repealed by prohibitions on Finch Avenue(11.24) Ord. 2085), 19.136, 19.140, 19.152, 1590 Amends §§ 16.04.010 and 16.04.065, 19.160) repeals §§ 16.04.040, 16.04.045 and 1602 Rezone(Special) 16.04.047, building code (Repealed by 1603 (Number not used) 1706) 1604 Amends Ch. 15.12, waterworks 1591 Amends §§ 16.20.010, 16.20.020, system(Repealed by 1776) 16.20.030 and 16.20.050, plumbing 1605 Amends § 11.24.150, parking code(Repealed by 1708) prohibitions (11.24) 1592 Amends §§ 16.24.010, 16.24.030 and 1606 Adds Ch. 9.06, massage 16.24.070, mechanical code(Repealed establishments (9.06) by 1709) 1607 Amends (75) and(76) of§ 19.02.030, zoning(19.02) 2013S-41 Cupertino -Comprehensive Ordinance List 28 Ord. No. Ord. No. 1608 Adds Ch. 19.05A(OS open-space 1625 Amends § 5.16.040, garage and patio zones), amends §§ 19.88.010 and sales (5.16) 19.88.020, zoning (19.24 (Repealed by 1626 Amends §§ 6.24.070 and 6.24.080, Ord. 2085), 19.88) garbage containers (6.24) 1609 Amends § 18-1.803.2, 18-1.402.4(4), 1627 Amends § 18-1.201.(H), definition of 18-1.402.5.1(B), 18-1.602.5(A) and lot line adjustment(18-1.201.) 18-1.602.7, subdivisions (18.16, 1628 Repeals and replaces Ch. 10.44, 18.24, 18.32) parades and athletic events(10.44) 1610 Adds subsection(F) to § 16.12.030, 1629 Amends § 11.37.040, fee for soil report(16.12) (16.12.030 processing overweight vehicle permit Repealed by Ord. 13-2115) (11.37) 1611 Adds § 14.04.125, traffic diverters 1630 Amends §§ 14.15.040(E), (14.04) 14.15.050(A), 14.18.060, 14.18.070, 1612 Amends Ch. 5.04, business license 14.18.110, 14.18.150, 16.28.030, taxes (5.04) 19.16.060(E)(3), 19.20.060(E)(4), 1613 Amends contract with Board of 19.28.070, 19.44.070(E)(4), Administration of California Public 19.56.070, 19.76.050(E), Employees Retirement System(Not 19.88.060(7)(1) and(2), 19.132.060 codified) and 19.136.060; repeals Ch. 2.44 and 1614 Moratorium on certain subdivision, §§ 19.44.090, 19.48.100 and building and grading uses in 19.68.080, review authority (14.15 Inspiration Heights area(Not codified) (Repealed by Ord. 2058), 14.18, 16.28 1615 Adds Ch. 14.15, xeriscape (Repealed by Ord. 2085, 19.16 landscaping; amends title of Title 14 to (Repealed by Ord. 2085), 19.20 be Streets, Sidewalks and Landscaping (Repealed by Ord. 2085), 19.28 (Repealed by Ord. 2058) (Repealed by Ord. 2085), 19.44 l 1616 Amends § 2.7.3 of Ord. 1606, (Repealed by Ord. 2085), 19.48 massage establishments and services (Repealed by Ord. 2073), 19.56 (9.06) (Repealed by Ord. 2085), 19.76 1617 Amends §2.04.040, vacancy on City (Repealed by Ord. 2085), 19.88 Council(2.04) (Repealed by Ord. 2085), 19.132 1618 Amends §§ 19.08.030, 19.28.030, (Repealed by Ord. 2085) and 19.136 19.28.100, 19.56.040 and 19.124.100, (Repealed by Ord. 2085)) zoning(19.08, 19.28 (Repealed by 1631 Repeals and replaces Title 8, animals Ord. 2085), 19.56 (Repealed by Ord. (Repealed by 1644) 2085), 19.124 (Repealed by Ord. 1632 Amends § 3.23.120(B); repeals 2073) § 3.23.120(C), public works contract 1619 Extends moratorium contained in Ord. and bidding procedures (3.23) 1614 (Not codified) 1633 Amends § 11.24.160, stopping, 1620 Amends Ch. 16.32, swimming pools standing and parking(11.24) (16.32) (Ch. 16.32 Repealed by 1634 Amends §§ 19.28.060, 19.40.010 and Ord.13-2115) 19.40.020, zoning(19.28 (Repealed by 1621 Rezone(Special) Ord. 2085), 19.40) 1622 Amends Ch. 15.32, water conservation 1635 Adds §§ 18-1.1303(G) and(H); (15.32) amends §§ 18-1.1303(B), (C) and(D), 1623 Amends §2.48.020(A); repeals 19.08.030, 19.28.060 and 19.28.070, §§ 2.48.020(F) and 2.48.020(G), subdivisions and zoning(18.52, 19.08, department organization(2.48) 19.28 (Repealed by Ord. 2085)) 1624 Amends Title 17, signs; adds 1636 (Number not used) Appendices A-1 through A-9 to Title 1637 Adds subsection(F)to § 14.15.050 17 (17.04, 17.08, 17.12, 17.16, 17.20, and Appendix A to Ch. 14.15; amends 17.24, 17.32, 17.44, 17.52, Title 17, § 14.15.040, xeriscape landscaping; Appendices A-1 through A-9) (Title 17 adds subsection(D)to § 16.28.040, Repealed by Ord. 2085) Amends § 19.104,010, zoning(19.104) 2014S-46 31 Comprehensive Ordinance List Ord. No. Ord. No. 2.04, 2.04.020, 2.04.040(A) and 1702 Approves development agreement (C)(1), 2.08.080(B), 2.08.090(A), between city and Hewlett-Packard 2.08.095(B)(1) and(C), 2.08.100, Company(Special) (Repealed by Ord. 2.12.010, 2.12.020, introduction and 13-2115) passage of ordinances, 2.20.010, 1703 Repeals and replaces Ch. 6.28, cable 2.20.020, 2.20.110, city clerk, television franchise regulations 2.24.010, 2.24.020, 2.24.030, (Repealed by 09-2045) 2.24.040, city treasurer, 2.28.010, 1704 Adds intersection to § 11.20.030 and 2.28.030(B), 2.28.040, 2.28.050, deletes intersection from § 11.20.020, 2.28.060, 2.28.070, 2.28.090, city stop signs (11.20) manager, 2.30.010, 2.30.020, code 1705 Adds §§ 5.28.045, 5.28.165 and enforcement officer, 2.32.020(A), 5.28.175, taxicabs; amends 2.32.040, 2.32.060(B), 2.32.070, §§ 2.80.020(A), fine arts commission, 2.32.090, planning commission, 3.04.040, revenue and finance, 2.36.040, park and recreation 3.08.090, sales and use tax, commission, 2.40.020, 2.40.030, 3.12.020(G), transient occupancy tax, 2.40.040, 2.40.050, 2.40.060(B) and 5.16.040, 5.16.050, garage and patio (G)(3), 2.40.090, disaster council, sales, 5.28.070(F), (G), (H) and(N), 2.48.020, departmental organization, 5.28.080, 5.28.100, 5.28.110, 2.52.050, 2.52.060, 2.52.150, 5.28.130(A), 5.28.170, taxicabs, 2.52.160, 2.52.220, 2.52.240, 5.32.020, 5.32.030, 5.32.050, 252 '140 2 c2�"nl n\l'\ /n vim\ IM 5.32.060 5.32.080 5.32.110, L.JL.LVV, ✓ .Liv\n/\''/o \—All, \'tel ' " ' and(C), 2.52.290(L), (N) and(R), 5.32.160, 5.32.190, 5.32.200(C), 2.52.380, 2.52.420, 2.52.430, 5.32.280(B) and(C), 5.32.300(A) and 2.52.440, 2.52.450, 2.52.470(A), (B), bingo, 5.40.010, 5.40.020, 2.52.480, 2.52.490, personnel code, 5.40.030 and the title of Ch. 5.40, 2.68.070(A) and (B), library secondhand dealers and pawnbrokers; commission, 2.74.040, cable television repeals §§ 3.04.050, 3.04.060, advisory committee, 2.86.060(A) and 3.04.070, 3.04.080, 3.08.130, 2.86.070, affordable housing 3.08.140, Ch. 3.09, 3.12.030(B), Ch. committee; repeals §§ 1.04.010(26), 3.16, Ch. 3.20, 3.32.100, 3.34.180, 1.09.170, 2.08.020, 2.08.080(C), 5.04.220, 5.04.520, Ch. 5.08, 2.08.120, 2.32.080, 2.32.100, 5.16.042, Ch. 5.24, 5.32.070, Ch. 2.36.100, 2.52.100(F), 2.52.190, 5.36, 5.40.040, 5.40.050, 5.40.060 2.52.200, 2.52.210, 2.52.270(A)(1), and 5.40.070(2.80, 3.04, 3.08, 3.12, (D) and(E), 2.52.390, 2.52.460, 5.16, 5.28, 5.32, 5.40) 2.52.470(A)(5), 2.52.500, 2.52.510, 1706 Repeals and replaces Ch. 16.04, 2.52.520, Ch. 2.56, 2.60.090, Ch. building code adopted(16.04) 2.72, 2.74.080(B) and Ch. 2.76 (1.01, (16.04.110, 16.04.140, Repealed by 1.04, 1.09, 1.12, 1.16, 2.04, 2.08, Ord. 2021; 16.04.170, 16.04.180, 2.12, 2.20, 2.24, 2.28, 2.30, 2.32, Repealed by Ord. 2072; 16.04.010, 2.36, 2.40, 2.48, 2.52, 2.68, 2.74, 16.04.020, 16.04.030, 16.04.050, 2.86) 16.04.060, 16.04.130, 16.04.160, 1698 Adds intersections to §§ 11.20.020 and Repealed by Ord. 13-2115) 11.20.030, stop signs (11.20) 1707 Repeals and replaces Ch. 16.16, 1699 Adopts Stevens Creek Boulevard electrical code adopted(16.16) specific plan(Special) (16.16.010, 16.16.020, 16.16.030, 1700 Ninety-day moratorium on issuance of 16.16.040, 16.16.050, 16.16.070 licenses or permits for massage Repealed by Ord. 13-2115) establishments and services (Special) 1708 Repeals and replaces Ch. 16.20, 1701 Rezone (Special) plumbing code adopted(16.20) (16.20.010, 16.20.020, 16.20.080 Repealed by Ord. 13-2115) 2013S-41 Cupertino-Comprehensive Ordinance List 32 Ord. No. Ord. No. 1709 Repeals and replaces Ch. 16.24, 9.08.120, 9.12.140 and article titles of mechanical code adopted(16.24) Ch. 9.12(2.74, 2.86, 3.08, 5.28, (16.24.010, 16.24.020, 16.24.030, 9.12) 16.24.060, 16.24.070, 16.24.080 1723 Amends § 3.32.040, construction tax Repealed by Ord. 13-2115) (3.32) 1710 Repeals and replaces Ch. 16.56, 1724 Amends § 11.24.150, parking (11.24) uniform housing code adopted(16.56) 1725 Adds § 19.40.145 (Repealed by Ord. 1711 Repeals and replaces Ch. 16.40, fire 2085) and amends the definitions code(Repealed by 1828) section of Ch. 19.08 [§ 19.08.030] and 1712 Urgency ordinance; adds §§ 19.40.020, 19.40.050(B) and(F)(1) §§ 9.06.090(B)(7) and(8), 9.06.245 (Repealed by Ord. 2085), and 9.06.275; amends §§ 9.06.010(A), 19.40.060(C) and(F)[E] (Repealed by 9.06.020(E) and(G), 9.06.040, Ord. 2085), 19.40.070(A) (Repealed 9.06.070(2), 9.06.080, 9.06.090(B), by Ord. 2085) and 19.40.140 9.06.110(B), 9.06.160, 9.06.170, (Repealed by Ord. 2085), zoning 9.06.230, 9.06.240 and 9.06.260; and (19.08, 19.40) repeals §§ 9.06.120, 9.06.130, 1726 (Not passed) 9.06.140 and 9.06.150, massage 1727 Amends § 11.24.150, parking(11.24) establishments and services (9.06) 1728 Amends §§ 2.16.010, 2.16.020 and 1713 Rezone (Special) 2.16.030, city council salaries (2.16) 1714 Amends Ch. 2.74, Cupertino 1729 Amends § 11.24.150, parking(11.24) teaecommunicaLionS commission 1730 Amends § 11,20,020, atop signs 1715 Amends §§ 14.18.020, 14.18.040, (11.20) 14.18.070, 14.18.150, heritage and 1731 Adds §§ 11.27.145, 14.12.035, specimen trees, and 19.48.11013, 14.12.055, 14.12.085, 14.12.090, zoning(14.18, 19.48 (Repealed by 14.12.110 and 14.12.120; amends Ord. 2073)) §§ 5.44.060, 5.44.060(F), 10.26.090, 1716 Rezone and prezone (Special) 10.26.100, 10.26.110, 10.26.120(A) 1717 Rezone (Special) and(B), 10.26.130, 10.26.150, 1718 Amends § 11.24.160, stopping, 10.44.030, 10.44.040(A), standing and parking(11.24) 10.44.050(A), 10.44.055(A), 1719 (Number not used) 10.44.056(A), 10.44.060, 1720 Adds subsection M to § 17.16.010 and 10.44.075(A), 10.44.080, 10.44.090, E to § 17.32.060; amends 10.44.100, 10.44.120, 10.44.140, §§ 17.32.060(C) and(D) and 10.44.150(A), (B), (C) and(E), 17.32.070(E), signs (17.16, 17.32) 10.44.160, 10.46.050, 10.76.020, (Title 17 Repealed by Ord. 2085) 11.08.250, 11.08.260, 11.10.016, 1721 Rezone(Special) Table 11.12.030, 11.27.010, 1722 Adds §§ 5.28.070(0), 5.28.100(E), 11.32.090, 14.05.070, 14.12.010, 5.28.165(D) and(E); amends 14.12.140 and 19.52.060(C) (Repealed §§ 2.74.010, 2.74.020(A), 2.74.040, by Ord. 2085), 19.56.050; renumbers 2.74.050, 2.74.060, 2.74.070, Ch. 5.44 as Ch. 19.106; renumbers 2.86.010, 2.86.020, 2.86.030, prior §§ 14.12.090, 14.12.110 and 2.86.060, 2.86.070, 2.86.100, 14.12.120 to §§ 14.12.095, 14.12.130 2.86.110, 2.86.120, 5.28.070(N), and 14.12.140; deletes T. 10 division 5.28.180 and titles of Chs. 2.74 and titles and Ch. 10.48 article titles; 2.86; repeals Chs. 6.04 and 9.16 and repeals §§ 3.08.180, 3.08.190, §§ 2.74.080(B), 3.08.190, 3.08.200, 3.08.200, 3.22.080, 3.23.180, 6.08.080, 6.08.090, 6.08.100, 3.25.100, 3.32.090, 3.24.240, 6.12.080, 6.12.090, 6.12.100, - 6.16.060, 6.20.060, 6.24.350, ) 2014S-46 33 Comprehensive Ordinance List Ord. No. Ord. No. 3.36.210, 5.20.160, 5.28.230, 1745 Amends § 11.08.250, bicycle lanes 5.32.340, 5.44.080, 6.24.340, (11.08) 6.28.150, 9.06.280, 9.12.134, 1746 Rezone(Special) 9.18.140, 9.20.320, 10.10.040, 1747 (Not passed) 10.21.140, 10.24.070, 10.25.100, Ch. 1748 Rezone(Special) 10.26 Editor's note, 10.26.160, Ch. 1749 Rezone(Special) 10.28, §§ 10.44.090(C), 10.44.170, 1750 Rezone (Special) 10.46.080, 10.46.090, 10.48.063, 1751 (Not enacted) 10.56.060, 10.68.040, Chs. 10.70, 1752 (Not enacted) 10.82 and 11.16, §§ 11.20.040, 1753 Amends specific plan(Special) 11.29.060, 11.37.080, Ch. 11.38, 1754 Rezone(Special) §§ 14.05.130, 14.05.140, 14.12.040, 1755 Adds § 17.04.030; amends Ch. 14.16, §§ 14.18.220, 15.20.101, §§ 17.32.010, 17.32.040 and 16.04.160, 16.08.030, 16.24.050, 17.32.090, zoning(17.04, 17.32) 16.28.080, 16.32.090, 17.56.010, (Title 17 Repealed by Ord. 2085) 19.40.150, 19.81.070, 19.82.080, 1756 Rezone(Special) 19.116.350, 19.132.060, 20.02.030 1757 Adds Ch. 2.06, city council campaign and 20.04.070, various subjects finance(2.06) (Repealed by Ord. (10.26, 10.44, 10.46, 10.76, 11.08, 1956) 11.10, 11.12, 11.27, 11.32, 14.05, 1758 Adopts interim measures to protect 14.12, 16.28 (Repealed by Ord. 2085), structures from demolition of 10 G410.1Or IDo.,00lnA by mrd nntantiaal r hl£tQ.T1C cited (Not pnriifierlI 2085), 19.132) 1759 Amends § 11.08.250, bicycle lanes 1732 Rezone(Special) (11.08) 1733 Mobile vendor permits (5.48) 1760 Amends § 11.26.110, parking(11.26) 1734 Rezone(Special) 1761 Adopts interim measures to protect 1735 Rezone(Special) structures from demolition of 1736 Amends Ch. 19.108 entirely, wireless potentially historic sites (Not codified) communications facilities (19.108) 1762 Amends § 11.20.030, stop signs (Repealed by Ord. 2085) (Ch. 19.108 (11.20) renumbered as Ch. 19.136 by Ord. 1763 (Pending) 2085) 1764 Amends Ord. 1750, rezone (Not 1737 Amends Ch. 19.100 entirely, parking codified) regulations (19.100) (Repealed by Ord. 1765 Amends § 11.20.020, stop signs 2085) (Ch. 19.100 renumbered to Ch. (11.20) 19.124 by Ord. 2085) 1766 Amends § 11.08.250, bicycle lanes 1738 Rezone (Special) (11.08) 1739 Amends § 11.08.260, bicycles (11.08) 1767 Adds §§ 11.08.014, 11.08.015 and 1740 Amends § 11.08.250, bicycles (11.08) 11.08.270; renumbers § 11.08.270 to 1741 Amends § 11.24.150, parking(11.24) be 11.08.280, roller skates and 1742 Adds new § 16.04.080, residential skateboards (11.08) roofing and renumbers §§ 16.04.080-- 1768 Rezone(Special) 16.04.160 to be 16.04.090--16.04.160, 1769 Amends Stevens Creek Boulevard building code provisions (16.04) specific plan(Special) (16.04.110, 16.04.140 Repealed by 1770 Prezone (Special) Ord. 2021; 16.04.170 Repealed by 1771 Prezone (Special) Ord. 2072; 16.04.080 Repealed by 1772 Rezone (Special) Ord. 13-2115) 1773 (Not available) 1743 Amends § 11.24.150, parking(11.24) 1774 Rezone (Special) 1744 Not enacted 2014S-46 Cupertino- Comprehensive Ordinance List 34 Ord. No. Ord. No. 1775 Adds §2.04.050, city council term 1780 Designating permit parking on Rose limits (2.04) Blossom Drive from McClellan Road 1776 Amends § 15.32.060; repeals and to Lily Avenue (Not codified) replaces Ch. 15.04, waterworks 1781 Amends § 11.24.160, parking (11.24) system, rates and charges; repeals and 1782 Prezone (Special) replaces Ch. 15.20, sewage disposal 1783 Prezone (Special) systems; repeals Chs. 15.08, 15.12 1784 Amends §§ 19.08.030, 19.28.030, and 15.30(15.04, 15.20, 15.32) 19.28.070, 19.32.060, 19.40.110, 1777 Adds §§ 16.08.185, 16.08.290, 19.56.040, 19.56.060, 19.56.070, 16.08.300, 16.16.025, 16.20.110, 19.60.040, 19.64.050, 19.64.080, 16.20.120, 16.28.065, 16.32.090, 19.76.070, 19.80.030, 19.88.030, 16.36.055; amends §§ 16.08.020, 19.92.060, 19.104.040 and 16.08.080, 16.08.200(A)(1), 19.116.030, 19.120.050, 19.128.030, 16.08.250(B), 16.12.010, 16.12.020, 19.128.040; repeals Ch. 19.96; zoning 16.12.040, 16.16.020, 16.16.070, (19.08, 19.28 (Repealed by Ord. 16.20.080, 16.24.020, 16.24.030, 2085), 19.32(Repealed by Ord. 2085), 16.24.060, 16.24.080, 16.28.040(C), 19.40(Repealed by Ord. 2085), 19.56 16.28.060(A), 16.32.080, 16.40.070, (Repealed by Ord. 2085), 19.60, 19.64 16.40.930, 16.40.950(A); amends title (Repealed by Ord. 2085), 19.76 of Ch. 16.12; repeals and replaces (Repealed by Ord. 2085), 19.80 §§ 16.20.100, 16.32.100; repeals (Repealed by Ord. 2085), 19.88 §§ 16.04.040, 16.04.150, 16.08.090, (Re-pealed by Ord. 2085), 19.92. 16.08.140(B), 16.08.180(B), (Repealed by Ord. 2085), 19.104 16.08.190 (C), 16.08.250(B)(1 and 2), (Repealed by Ord. 2085), 19.116, ✓— 4` 16.08.280 (A--C), 16.20.030, 19.120, 19.128) 16.20.040, 16.20.090(A)(Part One), 1785 Prezone (Special) 16.24.040, 16.36.030(D), 1786 Amends specific plan(Special) 16.36.070(D), 16.40.940, 1787 Amends Ch. 2.32, planning 16.40.950(D), 16.42.280; repeals Chs. commission(2.32) 16.44, 16.48 and 16.60; repeals Ch. 1788 Amends Ch. 16.28, fences (16.28) 16.44 Appx. A, Ch. 16.52 Article (Repealed by Ord. 2085) subtitles, Ch. 16.60 Tables A, B, C, 1789 Amends Ch. 17.44, sign exceptions D, E, and F and Demand/Capacity (17.44) (Repealed by Ord. 2085) Ratio graph; buildings and construction 1790 Amends Ch. 19.132, zoning (19.132) regulations (16.08, 16.12 16.16, (Repealed by Ord. 2085) (Ch. 19.132 16.20, 16.24, 16.28) (16.32, 16.36 renumbered as Ch. 19.164 by Ord. Repealed by Ord. 2085; 16.12.010, 2085) 16.12.020, 16.12.040, 16.16.020, 1791 Amends Ch. 19.134, zoning (19.134) 16.16.025, 16.16.070, 16.20.080, (Repealed by Ord. 2085) (Ch. 19.134 16.20.100, 16.20.110, 16.20.120, renumbered as Ch. 19.168 by Ord. 16.24.020, 16.24.030, 16.24.060, 2085) 16.24.080, 16.32.080, 16.32.090, 1792 Amends §§ 2.16.010--2.16.030, city 16.32.100 Repealed by Ord. 13-2115) council(2.16) 1778 Adds Ch. 19.134, architectural and 1793 Adds Ch. 9.22, property maintenance site review process (19.134) (9.22) 1779 Adds §§ 19.32.090 and 19.60.090, 1794 Amends §§ 1.09.030(A) and architectural and site review (19.32 1.09.060(A) and(B), nuisance (Repealed by Ord. 2085), 19.60 abatement(1.09) (Repealed by Ord. 2085) 1795 Rezone(Special) f 1 2013S-41 35 Comprehensive Ordinance List Ord. No. Ord. No. 1796 Amends §§ 17.32.010, 17.32.040, 1820 Prezone(Special) 17.32.090(E) and 17.32.100, 1821 Prezone(Special) temporary signs--regulations; 1822 Amends §§ 2.04.010, 5.28.070(N), renumbers § 17.32.120 to be 5.28.165(E), 10.52.060, 17.24.270, sign regulations; repeals 16.28.060(C), 16.52.041(B)(1), § 17.32.110(17.24, 17.32) (Title 17 16.52.051, 16.52.052, Repealed by Ord. 2085) 16.52.053(B)(4)(a) and 1797 Amends §§2.06.100(D) and 2.06.130, 19.20.040(A)(1) and repeals city council--campaign finance (2.06) §§ 3.12.040 and 5.04.280(C), (2.04, (Repealed by Ord. 1956) 5.28, 10.52, 16.28 (Repealed by Ord. 1798 Proposition for utility users excise tax 2085), 16.52, 19.20(Repealed by Ord. and annexation(Special) 2085)) 1799 Amends § 19.28.070, zoning(19.28) 1823 Adopts Ch. 5 of the 1977 Uniform (Repealed by Ord. 2085) Code for Building Conservation 1800 Prezone (Special) (16.60) 1801 Amends § 5.04.460, (5.04) 1824 Amends §§ 16.04.010 and 16.04.110 1802 Adds § 16.28.045; amends and repeals §§ 16.04.070, 16.04.090, § 16.28.060, (16.28) (Repealed by 16.04.100 and 16.04.120,building Ord. 2085) code(16.04) (16.04.110 Repealed by 1803 Rezone(Special) Ord. 2021; 16.04.010 Repealed by 1804 Rezone (Special) Ord. 13-2115) 1805 Rezone (Special) 1 R2G Amends § 16.16.n10 and repeals 1806 Amends § 11.24.150, parking(11.24) § 16.16.060, electrical code (16.16) 1807 Amends §2.08.096, city council (16.16.010 Repealed by Ord. 13-2115) (2.08) 1826 Amends §§ 16.20.010, 16.20.020 and 1808 Amends §§ 19.28.070, 19.28.100, 16.20.090 and repeals 19.28.160, zoning(19.28) (Repealed §§ 16.20.050--16.20.070, plumbing by Ord. 2085) code(16.20) (16.20.010, 16.20.020 1809 Amends § 19.08.030, zoning(19.08) Repealed by Ord. 13-2115) 1810 Amends §§ 14.18.020, 14.18.060, and 1827 Amends §§ 16.24.010--16.24.030, 14.18.220, heritage and specimen trees mechanical code (16.24) (16.24.010, (14.18) 16.24.030 Repealed by Ord. 13-2115) 1811 Amends § 19.80.030, 19.80.040 and 1828 Repeals and replaces Ch. 16.40, fire 19.84.030, zoning(19.80(Repealed by code(16.40) Ord. 2085), 19.84 (Repealed by Ord. 1829 Amends § 16.56.010, housing code 2085)) (16.56) 1812 Amends § 19.124.100, zoning(19.124 1830 Amends §§ 10.21.010--10.21.120, (Repealed by Ord. 2073)) newsracks (10.21) 1813 Prezone (Special) 1831 Amends §§ 19.80.030(B)(1)0) and 1814 Interim zoning regulations (Special) 19.80.040, accesssory 1815 Amends §§ 19.56.030 and 19.56.040, buildings/structures (19.80) zoning(19.56 (Repealed by Ord. 1832 Amends Ch. 2.16, city council-- 2085)) salaries (2.16) 1816 Extends Ord. 1814, interim zoning 1833 Amends § 16.28.045, electronic regulations (Special) security gates (16.28) (Repealed by 1817 Adds Ch. 2.90, residential design Ord. 2085) review committee (2.90) 1834 Amends Ch. 19.28, zoning(19.28) 1818 Amends Ch. 2.06, city council-- 1835 Amends §§ 14.18.020, 14.18.150 , campaign finance(2.06) (Repealed by heritage and specimen trees (14.18) Ord. 1956) 1836 Amends § 11.24.150, parking(11.24) 1819 Prezone (Special) 2014S-46 Cupertino - Comprehensive Ordinance List 36 Ord. No. Ord. No. 1837 Amends § 11.34.010, traffic (11.34) 1855 Amends § 11.20.030B, all directional 1838 Amends § 11.34.020, traffic(11.34) vehicular stops required at certain 1839 Amends § 11.34.030, traffic(11.34) intersections (11.20) 1840 Amends §§ 11.24.150, 11.24.160 and 1856 Amends § 11.08.250, bicycle lanes 11.24.180, traffic (11.24) designated(11.08) Res. 99-154 Designating permit parking on 1857 Amends §§ 11.24.150 and 11.24.170, Shattuck Drive. (§ 11.27) parking restrictions (11.24) 1841 Amends § 11.20.020, traffic(11.20) 1858 (Not passed) 1842 Rezone (Special) 1859 Amends § 11.24.150, parking 1843 Amends contract with California restrictions (11.24) Public Employees' Retirement System 1860 Amends Ch. 19.28, single-family (Special) residential zones (19.28) 1844 Adds §§ 19.36.080, 19.48.080 and 1861 Rezone (Special) 19.134.020; amends Chs. 2.32, 2.90, 1862 Amends § 11.24.160, stopping, 16.28, 17.44, 19.32, 19.36, 19.48 standing and parking--public streets (Repealed by Ord. 2073), 19.48.020 (11.24) (Added by Ord. 2085)19.56, 1863 Amends §§ 19.08.030, definitions, and 19.60.040, 19.60, 19.64, 19.80, 19.28.070, single-family residential 19.132, 19.134 and §§ 19.168.010 and (R-1)homes (19.08, 19.28 (Repealed 19.168.020, design review committee by Ord. 2085)) (2.32, 2.90, 16.28 (Repealed by Ord. 1864 Amends § 11.08.260, bicycles (11.08) 20851, 17.44 (Repealed by Ord. 2085), 1865 (Number not„sed) 19.32(Repealed by Ord. 2085), 19.36 1866 Prezone(Special) (Repealed by Ord. 2085), 19.48 1867 Authorizes amendment to California (;- (Repealed by Ord. 2073), 19.56 public employees' retirement system } (Repealed by Ord. 2085), 19.60, 19.64 contract(Special) (Repealed by Ord. 2085), 19.80 1868 Amends Ch. 19.28, zoning (19.28) (Repealed by Ord. 2085), 19.132 1869 Adds § 3.25.100, transfer of surplus (Repealed by Ord. 2085), 19.134 supplies and equipment (3.25) (Repealed by Ord. 2085), 19.168) 1870 Amends § 11.08.250, bicycle lanes 1.845 Prezone(Special) designated(11.08) 1846 Amends contract with California 1871 Amends entirety of Ch. 10.48, Public Employees' Retirement System community noise control (10.48) (Special) 1872 Amends § 11.08.260, bicycle routes 1847 Repeals and replaces § 11.34.030, designated(11.08) warrants for the installation and 1873 Amends § 11.08.250, bicycle lanes maintenance of road bumps (11.34) designated(11.08) 1848 Amends § 11.08.250, bicycle lanes 1874 Amends §§ 2.88.010 and 2.88.020, (11.08) audit committee(2.88) 1849 Prezone(Special) 1875 Amends entirety of Ch. 9.06, massage 1850 Adopts redevelopment plan for establishments and services (9.06) Cupertino Vallco redevelopment 1876 Amends § 11.20.020, vehicular stop project(Not codified) required at certain intersections 1851 Amends § 11.24.150, traffic (11.24) (11.20) 1852 Rezone (Special) 1877 Amends Ch. 2.06, campaign finance 1853 Adds § 18.24.115; amends (2.06) (Repealed by Ord. 1956) § 14.05.010, park maintenance and 1878 Prezone (Special) dedication fees (14.05, 18.24) 1879 Prezone (Special) 1854 Adds Ch. 10.80, solicitation 1880 Rezone(Special) prohibitions on designated public 1881 Amends Ch. 2.16, city council rights-of-way(10.80) compensation(2.16) y 2013S-41 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 14-2121 Amends 10.56.020, 10.90.010, (14.12) 10.90.020, 10.90.040, and 10.90.050, 13-2112 Rezoning certain land(Not Codified) regarding outdoor smoking(10.56, 13-2113 Rezoning certain land (Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9.17.130 regarding single-use between city and Apple, Inc.; repeals carryout bags (9.17) Ord. 1702(Special) 14-2123 Adds 2.08.145 regarding City Council 13-2115 Amending Ch. 16; adding Ch. 16.02, review (2.08) Administrative Code; repealing and 14-2126 Amends Ch. 14.18 regarding tree replacing Ch. 16.04, Building Code; removal(14.18) repealing and replacing Ch. 16.06, Residential Code; repealing and replacing Ch. 16.12, Soils and Foundations- Subdivisions; repealing and•epiacing 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-46 9 Index COFFEE SHOP Bingo license fee 5.32.280 See RESTAURANT Business license powers, duties 5.04.060 Call for Council review 2.08.145 COMMISSION, CITY Child care expense reimbursement, See Specific Commission when granted 2.72.010 Communications 2.08.100 COMMUNICATION WITH CITY OFFICIALS Contract bid award 3.24.080 Public building, prohibited acts Document signature authority 2.08.135 designated 10.10.020 Election Right designated 10.10.010 See also Campaign finance Violation, penalty 10.10.030 generally 2.04.005 False alarm hearing duties 10.26.120 COMMUNITY DEVELOPMENT DEPARTMENT Manager, city See DEPARTMENTAL ORGANIZATION appointment 2.28.010 suspension, removal 2.28.090 COMMUNITY DEVELOPMENT DIRECTOR Meeting Parade and athletic event administrative discussion procedure 2.08.130 authority 10.44.030 emergency 2.04.025 order of business 2.08.090 CONCERT place 2.04.030 Business license presentation method 2.08.080 See also BUSINESS LICENSE protests 2.08.120 fee 5.04.340 reconsideration motions 2.08.095 CONSTRUCTION TAX petitions 2.08.096 Adjustment 3.32.045 regular 2.04.010 Definitions 3.32.020 special 2.04.020 Exceptions 3.32.070 violation, penalty 2.08.140 Imposition 3.32.030 Municipal employee relations officer Payment appointment 2.52.320 place 3.32.060 Nuisance abatement hearing 1.09.070 time 3.32.050 Officer, official body reports 2.08.110 Purpose, intent 3.32.010 Parade, athletic event permit appeal Rates 3.32.040 hearing 10.44.140 Refunds 3.32.050 Permit parking time determination 11.27.130 Revenue use 3.32.080 Personnel authority 2.52.090 Petition CONTRACTOR definitions 2.08.030 Business license exception 2.08.070 See also BUSINESS LICENSE hearing notice 2.08.040 fee 5.04.370 Public safety commission appointment 2.60.010 Reimbursement 2.16.030 COUNCIL, CITY Robert's Rules of Order adopted 2.08.020 Abandoned vehicle, hearing 11.04.070 Rules adopted 2.08.010 Bicycle, fee allocation 11.08.130 Salary amount, effective date 2.16.020 statutory basis 2.16.010 20148-46 Cupertino-Index 10 } Storm drainage service charge Purpose of provisions 2.90.020 adjustment authority 3.36.160 Recordkeeping 2.90.080 collection duties 3.36.080 Terms of office 2.90.030 review duties 3.36.050 Vacancy, removal 2.90.040 Technology, information, and communications commission DISASTER COUNCIL appointment 2.74.010 Definitions 2.40.020 vacancy filling 2.74.030 Director of emergency services Term limits 2.04.050 created 2.40.050 Transient occupancy tax appeal hearing powers, duties 2.40.060 determination 3.12.100 Emergency organization Vacancy filling 2.04.040 membership 2.40.070 Water charge appeal hearing 15.12.100 structure, duties, functions 2.40.080 Weed abatement Expenditures 2.40.100 assessment, hearing 9.08.090 Membership 2.40.030 authority 9.08.060 Mutual aid provided 2.40.090 hearing, decision, action 9.08.050 Powers, duties 2.40.030 resolution 9.08.020 Purposes 2.40.010 Violation, penalty 2.40.110 CRUISING See TRAFFIC DOCUMENTARY STAMP TAX Administration, authority 3.04.090 CUPERTINO GARBAGE COMPANY Exemptions 3.04.040 See GARBAGE Imposition, rate 3.04.020 Payment responsibility 3.04.030 CURFEW Refund claim, authority 3.04.100 Definitions 10.68.010 Shorttitle, authority 3.04.010 Exceptions 10.68.030 Violation DOG penalty 10.68.050 See ANIMAL prohibited acts 10.68.020 - E - --D -- EARTHQUAKE DEFECATION See TOXIC GASES See URINATION, DEFECATION ELECTIONS, MUNICIPAL DEPARTMENTAL ORGANIZATION See COUNCIL, CITY Divisions, designated 2.48.020 Manager authority 2.48.030 ELECTRICAL CODE Purpose 2.48.010 Adopted 16.16.010 Adoption of appendix chapters 16.16.015 DESIGN REVIEW COMMITTEE Article 100 amended-definitions 16.16.020 Chairperson 2.90.050 Fee schedule 16.16.030 Construction of provisions 2.90.110 Interpretation 16.16.040 Established 2.90.010 Maintenance program 16.16.050 Licensed architect 2.90.070 Persons allowed to do electrical work designated Meetings, quorum 2.90.060 16.16.025 Powers, functions 2.90.090 Procedural rules 2.90.100 EMERGENCY See DISASTER COUNCIL { 2013S-41 25 Index SEASONAL LOT Private patrol Business license identification card issuance 5.24.130 See also BUSINESS LICENSE permit application approval 5.24.040 fee 5.04.330 uniform, equipment approval, inspection 5.24.120 SECONDHAND DEALER Applicability of provisions 5.40.010 SHOPPING CENTER Definitions 5.40.020 See also TRESPASSING Inspection authority 5.40.030 Free speech activity restrictions 10.56.040 SEISMIC SAFETY SIDEWALK See TOXIC GASES See STREETS AND SIDEWALKS SEWER SIGN See also SUBDIVISION abandoned or discontinued signs 19.104.320 See also WATER appeals 19.104.070 See also WATER POLLUTION applicability of regulations 19.104.020 See also PREVENTION beverage container recycling signs 19.104.180 Abandoned system 15.20.140 changeable copy signs 19.104.180 Appeals, generally 15.20.190 construction and maintenance specifications Applicability of provisions 15.20.010 19.104.090 Alteration, permit required 15.20.070 decorative statuary 19.104.180 Building permit issuance requirements 15.20.100 electronic readerboard signs 19.104.180 Definitions 15.20.020 enforcement of provisions 19.104.300 Enforcement authority designated 15.20.170 Example of How to Figure Size and Location of Failing system,correction responsibilities 15.20.130 Ground Signs, Ch. 19.104, Appendix A Installation, construction, alteration inspections Examples of Well Proportioned Signs; Examples of 15.20.110 Signs Not Well Proportioned, Ch. 19.104, state contractor's license required 15.20.090 Appendix C Liability disclaimer 15.20.160 exception; findings 19.104.290 New construction, permit required 15.20.060 freeway orientation 19.104.200 Nuisance declarations 15.20.120 gasoline station signs 19.104.170 Permit required ground signs 19.104.160 alterations 15.20.070 illegal signs new construction 15.20.060 authority to remove in public right-of-way septic tanks 15.20.080 or on public property 19.104.340 Private system requirements 15.20.040 court action authorized 19.104.370 Purpose of provisions 15.20.010 deemed public nuisance 19.104.370 Sanitary sewer, public, required, exceptions private property 19.104.330 15.20.030 public property 19.340.340 Septic tank requirements 15.20.080 responsible party for costs and fees Soil tests 15.20.050 19.104.360 State contractor's license required when 15.20.090 storage, reclamation and disposal of Violations 19.104.360 designated 15.20.180 summary removal authorized 19.104.350 recording notice 15.20.150 illumination restrictions 19.104.230 inspection requirements 19.104.060 SHEEP landmark signs 19.104.210; Ch. 19.104, See ANIMAL Appendix B neon signs, exposed&visible 19.104.180 SHERIFF nonconforming signs 19.104.310 Bingo obstructions prohibited 19.104.080 inspection 5.32.180 penalty 19.104.380 license applicant investigation 5.32.210 permanent staff change investigation 5.32.260 blade signs &logos, symbols or insignias 19.104.150 2014S-46 Cupertino-Index 26 design criteria 19.104.220 Other requirements and prohibitions 10.90.030 wall signs 19.104.140 Posting of signs 10.90.040 window signs 19.104.150 Smoking prohibited 10.90.020 permit required 19.104.030 Violation-penalty 10.90.050 private property, illegal signs 19.104.330 prohibited signs 19.104.110 SODA FOUNTAIN purpose and intent 19.104.010 See RESTAURANT responsible party for costs and fees 19.104.360 sign program; applicability, requirements SOILS REPORT and findings 19.104.130 See BUILDING sign permit application; review criteria SUBDIVISION 19.104.050 application requirements 19.104.040 SOLICITOR signs exempt from permit requirements 19.104.100 See also STREETS, SIDEWALKS signs in and near residential districts 19.104.190 Administrative authority 5.20.100 signs in special planning districts 19.104.120 Business license storage of removed signs 19.104.360 See also BUSINESS LICENSE summary removal authorized 19.104.350 fee 5.04.290 temporary Definitions 5.20.010 flags 19.104.250 Exemptions from provisions 5.20.015 garage sales 19.104.250 Hours of operation 5.20.090 location 19.104.240 Identification permit political signs 19.104.250 denial, appeal 5.20.050 portable signs and displays 19.104.270 display on demand 5.20.120 project announcement signs 19.104.260 issuance 5.20.040 promotional devices 19.104.270 nontransferable 5.20.110 real estate signs 19.104.260 revocation special event banners 19.104.270 appeals 5.20.070 subdivision signs 19.104.250 grounds 5.20.060 window signs 19.104.280 Posting of premises 5.20.140 violation deemed infraction 19.104.380 Vehicle requirements 5.20.080 Violation, penalty 5.20.130 SINGLE-USE CARRYOUT BAGS Administrative citation and fine 9.17.150 SPECIFIC PLAN Definitions 9.17.110 See LAND DEVELOPMENT PLANNING Exemptions 9.17.140 Findings 9.17.100 SPORTING EVENT Implementation date 9.17.120 Regulations, permit Purpose 9.17.100 See PARADES AND ATHLETIC EVENTS Severability 9.17.160 Restrictions 9.17.130 STORM DRAINAGE SERVICE CHARGE Adjustments, conditions 3.36.160 SKATEBOARDS Amount Defined 11.08.015 See Imposed, determination, applicability Prohibited where 11.08.270 Applicability Violations, penalties 11.08.280 See Exemptions Imposed, determination, applicability SMALL-INCOME BUSINESS Collection Business license See also Disputed charges See also BUSINESS LICENSE Payment fee 5.04.450 balance, procedure 3.36.090 omitted charges 3.36.100 SMOKING; REGULATION OF procedure, regulations generally Definitions 10.90.010 3.36.080 2014S-46 33 Index emergency response team See Curb opening closure drills 16.42.160 Parking required, composition, duties 16.42.150 See PARKING maintenance, testing requirements Road bumps 16.42.170 administrative authority designated 11.34.020 security 16.42.100 defined 11.34.010 Regulated materials installation where, criteria 11.34.030 classification 16.42.200 Road construction, traffic regulations 11.36.070 criteria 16.42.040 Speed bumps Storage, use See Road bumps See also Facility Speed limits breathing apparatus 16.42.110 authority, declaration 11.12.020 compliance plan, permit established 11.12.030 required,fees,information required 16.42.060 purpose of provisions 11.12.010 time limits 16.42.070 signing 11.12.040 exterior storage, tank requirements 16.42.260 Stop intersection fire protection requirements 16.42.190 all directional, designated, required action flow restricting orifice requirements 16.42.180 11.20.030 leak testing, protective plugs, caps 16.42.130 designated, required action 11.20.020 prohibitions 16.42.050 purpose of provisions 11.20.010 separation of incompatible materials 16.42.120 signing 11.20.040 tank cars 16.42.270 Stopping, standing Violation, penalty 16.42.290 See PARKING Truck routes TRACTOR compliance required 11.32.030 Sales, repair, service, business license established 11.32.020 See also BUSINESS LICENSE pickups, deliveries, exceptions 11.32.070 fee 5.04.540 truck defined 11.32.010 unrestricted highways designated 11.32.050 TRAFFIC use regulations generally 11.32.060 Cruising vehicle types excepted 11.32.080 definitions 11.30.010 vehicle weighing authority 11.32.040 exemptions 11.30.020 violation, penalty 11.32.090 prohibited 11.30.030 violation, penalty 11.30.040 TRAFFIC ENGINEER Curb opening closure Bicycle lane sign erection 11.08.260 authority 11.36.030 Parking hearing curb marking, sign authority 11.26.040 appeal 11.36.060 handicapped parking space approval 11.26.100 authorized 11.36.050 loading space establishment authority notice contents 11.36.040 11.26.070 provisions nonexclusive 11.36.020 space marking authority 11.26.060 purpose, definitions 11.36.010 Diverters 14.04.125 TRANSIENT OCCUPANCY TAX Downtown area Collection action 3.12.130 See Cruising Definitions 3.12.020 Driveway opening Failure to collect and report See Curb opening closure appeal 3.12.100 Engineer determination 3.12.090 See TRAFFIC ENGINEER Imposition 3.12.030 Intersections, blocking prohibited 11.24.240 Operator duty 3.12.050 Loading zones Penalty, interest 3.12.080 See Parking Records retention, access 3.12.110 Median closure Refund condition 3.12.120 Cupertino-Index 34 Registration 3.12.060 Street tree regulations Reporting, remitting 3.12.070 appeals 14.12.170 Short title 3.12.010 building permit requirements Violation, penalty 3.12.140 condition of issuance 14.12.120 definitions 14.12.020 TRAPS enforcement 14.12.040 See ANIMAL financial hardship and lien procedure 14.12.160 TREASURER, CITY master street tree list 14.12.050 Conflict of interest 2.64.020 nuisance conditions 14.12.110 Franchise pipeline inspection 6.04.050 penalty 14.12.150 Investment authority 2.24.050 planting specifications 14.12.060 Monthly statements required 2.24.030 prohibited acts 14.12.080 Oath of office, bond 2.24.040 public tree management 14.12.070 Payment, procedure 2.24.020 purpose of provisions 14.12.010 Responsibility for city moneys 2.24.010 removal permit, notice 14.12.090 TREASURER, COUNTY public utilities 14.12.090 Assessment collection responsibility 3.16.010 replacement 14.12.100 remedies 14.12.140 TREE responsibility 14.12.030 See STREETS AND SIDEWALKS schedules TREES new street tree costs and public tree damage or removal fee 14.12.130 TREES violation, penalty 14.12.140 Protected Trees ~ 7 action by Director 14.18.120 TRESPASSING actions prohibited 14.18.030 Shopping center definitions 14.18.020 defined 10.56.010 exemptions 14.18.150 enforcement powers not affected 10.56.050 heritage tree designation 14.18.070 exception 10.56.030 heritage tree identification tag 14.18.090 unlawful actions 10.56.020 heritage tree list 14.18.080 violation, penalty 10.56.070 penalty 14.18.220 plan of protection 14.18.060 --U-- protected trees 14.18.050 protection during construction 14.18.200 UNDERGROUND UTILITIES purpose of provisions 14.18.010 Conversions recordation 14.18.100 city responsibility 14.20.100 removal company responsibility 14.20.080 application 14.18.110 exceptions approval authority 14.18.110 designated 14.20.060 notice and posting 14.18.130 when 14.20.050 notice of action 14.18.190 notice required 14.20.070 appeal 14.18.190 property owner responsibility 14.20.090 protection plan before granting permit public hearing 14.20.020 14.18.210 time extension when 14.20.110 retroactive permit 14.18.170 unlawful acts 14.20.040 review 14.18.180 violation, penalty 14.20.120 retention promoted 14.18.040 District designation 14.20.030 Tree Management Plan 14.18.140 New developments tree replacement 14.18.160 definitions 14.24.020 2014S-46