2015 S-49 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2015 S-49 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 2: ADMINISTRATION & PERSONNEL
33 through 36 33 through 36
TITLE 6: FRANCHISES
1, 2 1, 2
11 through 16B 11 through 16B
TITLE 9: HEALTH & SANITATION
1, 2 112
34A through 34B-2 34A through 34B-4
TITLE 19: ZONING
5, 6 5, 6
19, 20 19, 20
COMPREHENSIVE ORDINANCE LIST
43, 44 43, 44
INDEX
13, 14 137 14
23 through 26 23 through 26
LAM 6115
CITY OF CUPERTIN09 CALIFORNIA
MUNICIPAL CODE
2015 S-49 Supplement contains
Local legislation current through Ordinance 15-2130, passed 5-19-1.5
r
COPYRIGHT ° 2015
AMERICAN LEGAL, PUBLISHING CORPORATION
2.40.010
CHAPTER 2.40: DISASTER COUNCIL*
Section
2.40.010 Purposes. earthquakes,technological,natural and manmade disasters,
2.40.020 Definition. conditions resulting from war or imminent threat of war, air
2.40.025 Disaster Council. pollution, fire, flood, storm, epidemic, or riot, but other
2.40.030 Membership. than conditions resulting from a labor controversy, which
2.40.040 Powers and duties. conditions are or are likely to be, beyond the control of the
2.40.050 Director of Emergency Services- services, personnel, equipment and facilities of this City,
Designated. requiring the combined forces of other political subdivisions
2.40.060 Director of Emergency Services-Powers to combat. (Ord. 15-2129, § 1, 2015; Ord. 1912, (part),
and duties. 2003; Ord. 1697, (part), 1995; Ord. 475, § 2, 1971)
2.40.070 Emergency organization-Membership.
2.40.080 Emergency organization-Structure, duties 2.40.025 Disaster Council.
and functions. Pursuant to California Government Code section 8610,
2.40.090 Mutual aid. the Cupertino Disaster Council, shall have the following
2.40.100 Expenditures. members:
2.40.110 Violation-Penalty. A. The Mayor, or his/her designee, shall be chair.
B. The City Manager, or his/her designee, shall be
* For the constitutional provision that states that vice chair.
any city may make and enforce within its limits C. The Section Chiefs (City Department Heads or
all such local police, sanitary and other their designee) of Emergency Services as are provided for
regulations as are not in conflict with general in a current emergency plan of this jurisdiction, adopted
laws, see Calif. Const. Art. 11 § 11; for pursuant to this ordinance.
statutory provisions regarding the establishment D. Such representatives of civic, business, labor,
and powers of local war or disaster councils, veterans, professional, or other organizations having an
see Gov. Code § 8610 et seq. -- See Title 9, official emergency responsibility, as may be appointed by
Health and Sanitation. the chair with the advice and consent of the governing body
which includes a representative from the following:
1. Community Emergency Response Team(CERT).
2.40.010 Purposes. 2. Medical Reserve Corps (MRC).
The declared purposes of this chapter are to provide 3. Cupertino Amateur Radio Emergency Services
for the preparation and carrying out of plans for the (CARES).
protection of persons and property within this City in the 4. Public Safety Commission.
event of an emergency, the direction of the emergency 5. Police.
organization, and the coordination of the emergency 6. Fire.
functions of this City with all other public agencies, 7. Three to Five Business Members. (Ord.
corporations, organizations and affected private persons. 15-2129, § 2, 2015; Ord. 1912, (part), 2003)
(Ord. 475, § 1, 1971)
2.40.030 Membership.
2.40.020 Definition. The Cupertino Disaster Council/Citizen Corps Council
As used in this chapter, "emergency"means the actual shall consist of selected representatives of the City's
or threatened existence of conditions of disaster or of Emergency Organization as defined in section 2.40.070 of
extreme peril to the safety of persons, property and the this chapter. The Mayor, or designee, shall serve as
environment within this City caused by but not limited to Chairperson and the Emergency Services Coordinator, or
designee, as Vice-Chairperson of the Disaster
Council/Citizen Corps Council and shall make
2015S-49 33
2.40.030 Cupertino-Administration and Personnel 34
recommendations for representatives from the Emergency 2.40.050 Director of Emergency Services-Designated.
Organization. (Ord. 1912, (part), 2003; Ord. 1697, (part), The City Manager or his/her designee is designated the
1995; Ord. 1475, 1988; Ord. 475, (a) § 1, 1971; Ord. 475, Director of Emergency Services for the purposes of disaster
§ 3, 1971) management under the Standardized Management System.
(Ord. 15-2129, § 5, 2015; Ord. 1912, (part), 2003; Ord.
2.40.040 Powers and Duties. 1697, (part), 1995; Ord. 475, § 5, 1971)
The Disaster Council has the duty and power to
develop and recommend for adoption emergency plans and 2.40.060 Director of Emergency Services-Powers and
mutual aid agreements based on the Standardized Emergency Duties.
Management System (SEMS) as defined in the California The Director is empowered to:
Code of Regulations, Title 19, Division 2, Sections 2400- A. Request the City Council to proclaim the
2450. existence or threatened existence of a "local emergency" if
The Disaster Council will provide guidance to develop the City Council is in session, or to issue such proclamation
disaster exercises and community action plan, support if the City Council is not in session. Whenever a local
citizen participation, assist with threat assessments, identify emergency is proclaimed by the Director, the City Council
local resources and facilitate multi-agency/inter-agency shall take action to ratify the proclamation within seven days
coordination within its membership and other local thereafter or the proclamation shall have no further force or
governments and special districts. effect;
The Disaster Council provides oversight for engaging B. Request the Governor to proclaim a "state of
citizens in homeland security, emergency planning and emergency"when,in the opinion of the Director,the locally
response and promoting community preparedness and family available resources are inadequate to cope with the
safety in three principal ways;through public education and emergency;
outreach; through training opportunities; and, through C. Develop emergency plans with the assistance of
volunteer programs that draw on special skills and interests. emergency service chiefs for consideration by the Disaster
Citizen Corps programs overseen by the Disaster Council and manage the emergency programs of this City;
Council may include one or more of the following six D. Control and direct the effort of the emergency
program components administered by federal agencies: organization for this City for the accomplishment of the { M
Community Emergency Response Team (CERT); purposes of this chapter;
Neighborhood Watch Program; Medical Reserve Corps E. Direct cooperation between and coordination of
(MRC); Volunteers in Police Service (VIPS); Operation services and staff of the emergency organization of this
Terrorist Information and Prevention System (TIPS) and City; and resolve questions of authority and responsibility
Cupertino Amateur Radio Emergency Services (CARES). that may arise between them;
These volunteer efforts will be integrated into a F. Represent this City in all dealings with public or
strategic,comprehensive approach that will more effectively private agencies on matters pertaining to emergencies as
utilize the time,talents and interests of volunteers in support defined herein;
of first responders and overall community preparedness. G. In the event of the proclamation of a "local
The Disaster Council shall provide for the registration emergency"as herein provided,the proclamation of a"state
of Disaster Service Workers (DSWs)within Cupertino and of emergency by the Governor or the Director of the State
is thus because of such registration act as an instrumentality Office of Emergency Services, or the existence of a "state
of the City in aid of the carrying out of the general of war emergency," the Director is empowered to:
governmental functions and policy of the City. It agrees to 1. Make and issue rules and regulations on matters
comply with the rules and regulations governing Disaster reasonably related to the protection of life and property as
Service Workers (DSWs) as established by the California affected by such emergency;provided,however, such rules
Emergency Council pursuant to the provisions of California and regulations must be confirmed at the earliest practicable
Government Code Section 8585.5. (Ord. 15-2129, § 3, time by the City Council;
2015;Ord. 1912,(part),2003;Ord. 1697(part), 1995;Ord. 2. Obtain vital supplies, equipment, and such other
475, §4, 1971) properties found lacking and needed for the protection of life
and property and to bind the City for the fair value thereof
and, if required immediately, to commandeer the same for
public use;
2015S-49
35 Disaster Council 2.40.060
3. Require emergency services of any City officer or 2.40.090 Mutual Aid.
employee and,in the event of the proclamation of a"state of It is the purpose of the City Council in enacting the
emergency in the Santa Clara County Operational Area or ordinance codified herein to facilitate the rendering of
the existence of a state of war emergency, to command mutual aid to and for the people of this City. Emergency
the aid of as many citizens of this community as he deems plans adopted and approved by the City Council shall
necessary in the execution of his duties; such persons shall provide for the interchange of mutual aid and for
be entitled to all privileges, benefits, and immunities as are coordination with the emergency plans of the Santa Clara
provided by State law for registered disaster services County Operational Area. (Ord. 1697, (part), 1995; Ord.
workers; 475, § 9, 1971)
4. Requisition necessary personnel or material of
any City department or agency; and 2.40.100 Expenditures.
5. Execute all his ordinary power as City Manager, Any expenditures made in connection with emergency
all of the special powers conferred upon him by this chapter activities, including mutual aid activities, shall be deemed
or by resolution or emergency plan pursuant hereto adopted conclusively to be for the direct protection and benefit of the
by the City Council, all powers conferred upon him by any inhabitants and property of the City. (Ord.475, § 10, 197 1)
statute,by an agreement approved by the City Council, and
by any other lawful authority. (Ord. 15-2129, § 6, 2015; 2.40.110 Violation-Penalty.
Ord. 1697, (part), 1995; Ord. 475, §6, 1971) It shall be a misdemeanor, punishable as provided in
Chapter 1.12 of this code, for any person during an
2.40.070 Emergency Organization-Membership. emergency to:
All officers and employees of this City, together with A. Wilfully obstruct, hinder, or delay any member
Citizen Corps,programs and volunteers and other volunteer of the emergency organization in the enforcement of any
forces enrolled to aid them during an emergency, and lawful rule or regulation issued pursuant to this chapter,orin
stakeholders, all groups, organizations, and persons who the performance of any duty imposed upon him by virtue of
may by agreement or operation of law, including persons this chapter;
impressed into service under the provisions of Section B. Do any act forbidden by any lawful rule or
2.40.060(G)(3) of this chapter, be charged with duties regulation issued pursuant to this chapter, if such act is of
incident to the protection of life, property and the such a nature as to give or be likely to give assistance to the
environment in this City during such emergency, shall enemy or to imperil the lives or property of inhabitants of
constitute the emergency organization of the City. (Ord. this City, or to prevent, hinder, or delay the defense or
15-2129, §7,2015; Ord. 1912, (part),2003;Ord. 475, §7, protection thereof;
1971) C. Wear, carry, or display without authority any
means of identification specified by the emergency agency
2.40.080 Emergency Organization-Structure, Duties of the state. (Ord. 475, § 11, 1971)
and Functions.
The City Emergency Organization functions under the
Standardized Emergency Management System.
Representatives of the Emergency Organization have
specific duties and responsibilities to train, plan for and
participate in the City's emergency management response,
as assigned by the Director of Emergency Services. These
responsibilities are outlined in the Cupertino Emergency
Plan.
The structure, duties, and functions of the emergency
organization and the order of emergency succession to the
position of Director of Emergency Services, shall be
adopted by resolution of the City Council. (Ord. 1912,
(part), 2003; Ord. 475, § 8, 1971)
2015S-49
TITLE 6: FRANCHISES
Chapter
6.08 Electricity--Pacific Gas and Electric Company
6.12 Gas-Pacific Gas and Electric Company
6.16 Water-California Water Service
6.20 Water-San Jose Water Works
6.24 Garbage, Non-Organic Recycling and Organic Waste Recycling
Collection and Disposal
6.28 Cable and Video Services
2015S-49
6.24.010
CHAPTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE
RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010 Purpose of chapter. B. The City is required to comply with the applicable
6.24.020 Definitions. provisions of the California Integrated Waste Management
6.24.030 Mandatory solid waste collection service- Act(AB 939 or the "Act"), as amended, which is codified
owner responsibility. in California Public Resources Code beginning at section
6.24.031 Mandatory solid waste collection service- 40000. The Act requires that by and after January 1, 2000,
exemption procedures. fifty percent (50%) of the solid waste generated must be
6.24.035 Mandatory non-organic recycling for diverted through some source reduction, recycling, and
businesses. composting activities.
6.24.037 Mandatory organic recycling for business C. Assembly Bill 1826, which amended the Act in
structures. 2014, to impose certain organic waste recycling
6.24.040 Commencement of solid waste collection requirements, mandates that by April 1, 2016, a business
service. that generates eight(8)cubic yards or more of organic waste
6.24.050 Frequency of disposal. per week must arrange for recycling services, specifically
6.24.060 Method of garbage, organic waste and for organic waste; by January 1, 2017, a business that
non-organic recyclables disposal. generates four(4)cubic yards or more of organic waste per
6.24.070 Garbage, organic waste and non-organic week must arrange for recycling services specifically for
recyclables containers. organic waste;by January 1,2019, a business that generates
6.24.080 Inappropriate containers. four (4) or more cubic yards of commercial solid waste per
6.24.090 Burning restrictions. week, must arrange for recycling services specifically for
6.24.100 Disposal of explosive or hazardous organic waste; by January 1, 2020, if the State determines
material restrictions. that the statewide disposal of organic waste has not been
6.24.110 Unauthorized disposal prohibited. reduced to fifty percent(50%)of the level of disposal during
6.24.120 Franchise granting authority. 2014, a business that generates two cubic yards or more per
6.24.150 Charges for garbage collection service. week of commercial solid waste must arrange for the
6.24.160 Failure to pay for garbage collection organic waste recycling,unless the State determined that this
service. requirement will not result in significant additional
6.24.170 Notification of delinquency. reductions of organics disposal.
6.24.180 Assignment of delinquent account. D. The City may adopt, implement, and enforce a
6.24.190 Recycle centers. local organic waste recycling requirement that is more
6.24.200 Unauthorized solid waste collection. stringent or comprehensive than State law. (Ord. 15-2130,
6.24.210 Interfering with solid waste collection § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572,
service. § 1 (part), 1991)
6.24.220 Unauthorized use of solid waste collection
service. 6.24.020 Definitions.
6.24.230 Rules and regulations adopted. For the purposes of this chapter, the following words
6.24.240 Violation-Misdemeanor. and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise:
6.24.010 Purpose of Chapter. 1. "Business" means a commercial or public entity,
A. This chapter is determined and declared to be a including, but not limited to, a firm, partnership,
health, sanitary and safety measure. necessary for the proprietorship, joint stock company, corporation, or
promotion,protection and preservation of the health, safety association that is organized as a for-profit entity or
and general welfare of the people of the City of Cupertino. non-profit entity,or a multi-family residential dwelling with
five (5) or more dwellings.
2015S-49 11
6.24.020 Cupertino-Franchises 12
2. "Business Structure" means a building or 13. "Garbage" means all materials, substances or
buildings within a property occupied by one or more objects that are discarded, including but not restricted to,
businesses. materials, substances or objects commonly referred to as
3. "City" means and includes all the territory lying "trash," "garbage," "refuse" and "rubbish" that are
within the municipal boundaries of the City of Cupertino as produced, generated or accumulated by all residential,
presently existing, plus all territory which may be added commercial,industrial,institutional,municipal,agricultural
thereto during the effective term of the ordinance codified and other inhabitants, premises and activities within the
herein. City, the collection of which is regulated through the
4. "Collection station" means the location at which franchise agreement existing between the City and the
containers of solid waste, recyclables and organic waste are authorized solid waste collector; provided, however, that
placed for collection by the solid waste collector. For "garbage" does not include (a) hazardous materials, (b)
businesses, collection station is typically the garbage and recyclable materials, (c) organic materials, (d)clear plastic
recycling area enclosure. For multi-family units with less bags when used to contain organic materials to be recycled,
than five (5) residential dwellings and other residential (e)construction and demolition debris,(f)biomedical waste,
structures,the collection station is typically the street side of (g) ash, and (h) sewage and other highly diluted
the concrete curb immediately adjacent to the residence water-carried materials or substances and those in gaseous
where curb and gutter exists or where no curb and gutter form.
exists, the edge of asphalt immediately adjacent to the 14. "Hazardous materials"means any or combination
residence. of materials which because of its quantity,concentration,or
5. "Construction and demolition debris" or "C&D physical, chemical or infectious characteristics may either:
debris" means materials resulting from the construction, (a) cause or significantly contribute to an increase in
remodeling,or demolition of buildings and other structures. mortality or an increase in serious irreversible, or
"Construction and demolition debris" includes, but is not incapacitating reversible illness; or (b) pose a substantial
limited to, concrete, asphalt, rock and dirt related to present or potential hazard to human health or the
construction, remodeling, repair, or demolition operations environment when improperly treated,stored,transported or
and is subject to the provisions of Chapter 16.72. disposed of or otherwise managed. Hazardous materials
6. "Debris box service"means collection service in includes, but is not limited to, hazardous wastes as defined
containers without compaction that have a capacity of eight under California or United States law or any regulations
(8) cubic yards or more. Debris boxes may be used for the promulgated pursuant to such laws, and all toxic,
collection of recyclable and organic waste, or garbage, and radioactive,biologically infectious, explosive or flammable
may be used for construction and/or demolition debris that waste materials, including any material defined in Section
may or may not be intended for full or partial recycling or 9.12.020 of the Cupertino City Code for which a hazardous
other waste diversion. materials storage permit is required.
7. "Delinquent" means a failure of the recipient of 15. "Litter" means but is not limited to, plastic,
solid waste collection service, or of the property owner, to paper,cigarette butts,floor sweepings,trash,rubbish,food,
pay when due all charges owed to the solid waste collector cloth, metal, recyclable material, or waste matter of
for solid waste collection service rendered or to be rendered. whatever character.
8. "Director" means the Director of Public Works 16. "Multi-unit dwelling"or"multi-family dwelling"
and his/her duly authorized agents and representatives. means any premises, excluding a hotel, motel, or lodging
9. "Dwelling" means a residence, flat, duplex, house, used for residential purposes containing five (5)
apartment, townhouse, condominium or other facility used dwelling units or more, irrespective of whether the
for housing one or more persons. residency is transient, temporary or permanent.
10. "Equipment" means a debris box or debris bin 17. "Non-Organic Recyclables" or "non-organic
and vehicles used to transport debris boxes or bins. recyclable material" mean those materials that can be
11. "Finance Director" means the Finance Director returned to economic use as raw materials for new, reused
and his/her duly authorized agents and representatives. or reconstituted products, which prior to collection are
12. "Food Waste" means unused and discarded solid separated by the generator from other material treated as
food products/scraps including, but not limited to, solid waste.Examples of Non-Organic Recyclables include,
vegetables, fruit, meat, fish, shells, bones, cheese, bread, but are not limited to: newspaper, cans, corrugated
paper-based tea bags and coffee grounds. Food waste is an cardboard, glass, certain types of plastic,metals,wood and
organic waste.
2015S-49
13 Garbage--IROS Altos Garbage Company 6.24.020
automobile oil. "Mixed non-organic recyclables" means 26. "Single-unit dwelling"means one or more rooms
more than one type of non-organic recyclable material and a single kitchen, designed for occupancy by one family
commingled in a bin,debris box,compactor or other type of for residential purposes. Each dwelling unit within a
container.This material includes,but is not limited to wood, condominium project, duplex, townhouse project or
paper, plastic, metals, glass, and other recyclable materials apartment, and each second unit located within a
other than organic waste. The material must not contain single-family residential zoning district, shall constitute a
more than 5% by volume garbage and organic waste. separate single-unit dwelling to which solid waste collection
18. "Nonresidential premises" means all premises service is provided, unless the owner or occupants thereof
except residential premises, including but not restricted to arrange for solid waste collection service to be provided to
premises used for industrial,commercial,administrative and all dwelling units upon the premises at commercial rates.
professional offices, public and quasi-public buildings, 27. "Solid waste" means all items of solid waste
utility and transportation. including, but not limited to garbage, non-organic
19. "Occupancy"; "occupied": Premises are recyclables, organic waste and hazardous materials eligible
"occupied" when a person or persons take or hold for collection.
possession of the premises for permanent or temporary use. 28. "Solid waste collector" means any person or
For the purposes of determining whether a premises is entity authorized by the franchise agreement between the
occupied during periods when solid waste collection service Franchisee and the City, in accordance with Section
is made available to such premises, occupancy shall be 6.24.120 of this chapter, to collect, receive, carry,
presumed unless evidence is presented that gas, electric, transport, process and dispose of any garbage, non-organic
telephone and water utility services were not being provided recyclables, organics and hazardous materials eligible for
to the premises during such periods. collection, produced, kept or accumulated within the City.
20. "Organic waste" means organic materials, 29. "Solid waste collection service" means the
including but not limited to, materials generated from tree collection, transportation and disposal of garbage, organic
trimming, shrubbery pruning, vegetative garden wastes, materials, non-organic recyclables and hazardous materials
dead plants,weeds,leaves, grass clippings,food waste, and eligible for collection by an authorized solid waste collector.
non-food vegetative matter, soiled paper and cardboard and 30. "Source Separated Recyclables" means any
waxed cardboard that decompose biologically. The material recyclables that, prior to collection, are or have been
must not contain in excess of 5% by volume garbage or separated or segregated by their generator as to type or
non-organic recyclable materials. Except in residential category of source material and are or have been placed into
dwellings, if the material is placed in a bag, the bag must separate containers according to type or category, i.e. all
only be clear plastic. metal is separated from other recyclables and placed in its
21. "Owner"means the holder or holders of legal title own separate container or separate debris box.
to the real property constituting the premises to which solid 31. "Tenant"means any person or persons,other than
waste collection service is provided. the owner, occupying or in possession of a premises. (Ord.
22. "Person" includes any person, firm, association, 15-2130, § 1(part),2015;Ord.2094, §1,2012;Ord.2069,
organization, partnership, business trust, joint venture, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
corporation,or company,and includes the United States,the
State of California, the County of Santa Clara, special 6.24.030 Mandatory Solid Waste Collection Service -
purpose districts, and any officer or agency thereof. Owner Responsibility.
23. Premises means any land,building or structure, A. The owner of each occupied residential or
or portion thereof, within the City where any solid waste is nonresidential premises shall subscribe to and pay for at
produced, kept, deposited, placed or accumulated. least the minimum level of garbage collection service made
24. "Residential premises" means any single-unit available to that premises by the solid waste collector, as
dwelling or multiple-unit dwelling. specified in the franchise agreement between the city and the
25. "Single-stream recycling" means a recycling solid waste collector executed pursuant to Section 6.24.120
program in which generators place multiple types of of this Chapter or obtain an exemption under Section
recoverable materials in a single container that is designated 6.24.031 below. The owner of each occupied residential or
specifically for recyclables and is taken to a material nonresidential premises shall subscribe to and pay for a level
recovery facility for processing. of service sufficient to provide for the collection of all solid
waste generated on the property. Customers at
2015S-49
6.24.030 Cupertino-Franchises 14
non-residential properties must subscribe to services on a B. All responsible parties of business properties are
regular weekly basis sufficient to prevent container or bin required to subscribe to and maintain mandatory non-organic
overages and, where necessary,to extra services to prevent recycling services at commercial business properties that
overages. Nonresidential customers' solid waste,if bagged, generate greater than or equal to four (4) cubic yards of
shall be in clear plastic bags. solid waste per week. If the franchised hauler transports
B. The charges for solid waste collection service containers of solid waste generated at the business property
rendered or made available shall be paid for all periods of to a material recovery facility for the purposes of mixed
time during which the premises are occupied, regardless of waste processing, thereby separating non-organic
whether or not the owner or tenant has any solid waste to be recyclables from the mixed waste and recycling the
collected on any particular collection date during such non-organic recyclables, the business property will be
occupancy. Occupancy shall be presumed unless evidence is deemed to be subscribing to non-organic recycling services.
presented that gas, electric, telephone and water utility C. The disposal of garbage in containers designated
services were not being provided to the premises during for organic waste recycling or,processing or for source
such periods. Nothing in this section is intended to prevent separated or single-stream recycling is prohibited.
an arrangement, or the continuance of. an arrangement, D. The solid waste collector is prohibited from
under which payments for solid waste collection service are providing solid waste service to owners or tenant designees
made by a tenant or tenants, or any agent or other person, of business properties subject to the mandatory non-organic
on behalf of the owner. However, any such arrangement recycling requirements without providing a non-organic
will not affect the owner's obligation to pay for solid waste recycling program that includes the collection of a container
collection service as provided herein. (Ord. 15-2130, § 1 no less than thirty-two(32)gallon capacity,provided by the
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 solid waste collector, at least one time per week. The only
(part), 1991) exceptions to this requirement are the following:
1. The solid waste collector provides a mixed waste
6.24.031 Mandatory Solid Waste Collection Service - processing program to the business in which solid waste
Exemption Procedures. containers are taken to a material recovery facility for
An owner may obtain an exemption from the processing to remove non-organic recyclable materials.
mandatory solid waste collection service in section 6.24.030 2. The solid waste collector may verify the owner or
through the following process: tenant designee has been granted an exception to the
A. An owner may apply to the Director for an mandatory non-organic recycling program from the
exemption from this section if(a) the applicable premises Director. (Ord. 15-2130, § 1 (part), 2015; Ord. 2094, §2,
has been vacant and has not generated or accumulated any 2012)
solid waste for the previous sixty days, and(b)will continue
to be vacant for the foreseeable future. 6.24.037 Mandatory Organic Recycling for Business
B. Application for a vacancy exemption must be Structures.
made on the form provided by the city and submitted to the Phased in mandatory recycling of organic waste is
Director for review and a determination as to the eligibility required of businesses generating the quantities of organic
in accordance with the city's vacancy exemption policy. material specified in this section. Exceptions to these
C. An exemption and any extension of such requirements may be granted by the Director, if any aspect
exemption may be for a period of not more than one of the requirements prove to be unfeasible due to space
hundred eighty days. (Ord..15-2130, § 1 (part), 2015) constraints as allowed in Chapter 9.16.
A. On and after September 1, 2015, a business or
6.24.035 Mandatory Non-Organic Recycling for business structure generating eight(8) cubic yards or more
Businesses. of organic waste per week are required to subscribe to and
A. An owner or tenant designees of multi-family maintain organic material (including food waste) recycling
dwelling residential properties are required to subscribe to services for each structure. Multi-family dwellings are
and maintain mandatory residential recycling services for exempted.
each individual household in the dwelling.An exception may B. On and after January 20, 2016, a business or
be granted at the discretion of the Director if it is business structure generating three(3) cubic yards or more
determined there is not sufficient storage space for the of organic waste per week or generating a solid waste
containers at the residential property. stream that is comprised of 25%or more organic food waste
material are required to subscribe to and maintain organic
material (including food waste) recycling services.
Multi-family dwellings are exempted.
2015S-49
15 Garbage--Los Altos Garbage Company 6.24.037
C. On and after July 1, 2018, a business or business "Return Fee" in addition to the regular charges that apply to
structure generating four (4) cubic yards or more of solid the level of service subscribed to by the owner and/or tenant
waste per week is required to subscribe to and maintain designee. The extra garbage pick-up charge is based on the
organic material (including food waste) recycling services size of the container and the City's established approved
for each business or individual household in the multi-family rates.
H. The solid waste collector is prohibited from
dwelling.
D. All business structures are required to maintain providing solid waste service to a business structure subject
mandatory yard waste composting services. These services to the organic waste recycling requirements without
are to be provided by the solid waste collector or by the providing an organic waste recycling program that includes
contractor retained by the business to perform grounds the collection of a container no less than thirty-two (32)
maintenance services. If these services are not provided by gallon capacity,provided by the hauler, at least one time per
the solid waste collector,the responsible party is required to week. The only exceptions to this requirement are the
provide satisfactory proof to the City of the quantity of yard following:
waste being processed and proof that yard waste is being 1. Yard waste removal and compost processing
processed as compost. services are not provided by the solid waste collector; and
E. All business structures that either backhaul 2. Business or business structure provides
non-organic recyclables or organic material out of the City satisfactory written proof regarding the quantity of yard
or donate non-organic recyclables or organic material is waste being processed and written proof that yard waste is
required to provide satisfactory proof to the City of the being processed as compost. (Ord. 15-2130, § 1 (part),
quantity of non-organic recyclables or organic materials 2015)
being backhauled and/or donated.
F. The City may direct the solid waste collector to 6.24.040 Commencement of Solid Waste Collection
audit individual solid waste streams to determine Service.
applicability and compliance with this section. When solid The owner or tenant shall commence solid waste
waste stream audits are conducted, businesses are to collection service within ten days after occupancy of a
cooperate and will receive a copy of the audit findings. premises, or portion thereof. In the event service is not
G. The disposal of garbage in containers designated initiated within such period of time, the Director may give
for organic material processing or for source separated written notice to the owner or tenant that solid waste
single-stream recycling is prohibited. Organic waste that is collection service is required. If service is not initiated by
put into an organic waste container for collection by the the owner or tenant within ten days after the date of mailing
solid waste collector must be substantially free from garbage the notice, the Director shall authorize the solid waste
and recyclable materials(less than 5%by volume). Organic collector to begin and continue providing the minimum level
waste, if bagged, shall be in clear plastic bags. Except for of solid waste collection service to such premises and the
residential dwellings, all bags other than clear plastic bags, service shall be deemed to have been made available as of
are prohibited in containers that have been set out for the date of such authorization. (Ord. 15-2130, § 1 (part),
collection. 2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, § 1 (part),
1. The owner and/or tenant designee will be notified 1991)
by the solid waste collector if its organics waste container is
contaminated or if the material in their container is bagged 6.24.050 Frequency of Disposal.
in any prohibited bag(s). When the owner and/or tenant No more than one week's accumulation of garbage
designee removes the contaminants and/or the prohibited shall be kept or permitted to remain upon any premises in
bags, the franchise solid waste collector will return to the the City. At least once a week, all garbage and organic
business structure to service the container and will charge waste produced, kept, deposited, placed or accumulated
the business structure a "Return Fee" as adopted by City within any premises in the City shall be disposed of in
resolution. accordance with the provisions of this chapter. Dry
2. If the owner and/or tenant designee does not non-organic recyclables may be accumulated for up to one
remove the contaminants and/or the prohibited bag(s)from month (if necessary to reasonably fill the collection
the organic waste container,the organic waste container will container), so long as they are not stored within view of the
be serviced and owner and/or tenant designee will be public right of way and are kept in appropriate containers.
charged for an "Extra P/U" (extra garbage pick-up) and a (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 1991)
2015S-49
6.24.060 Cupertino -Franchises 16
6.24.060 Method of Garbage, Organic Waste and Non- 6.24.080 Inappropriate Containers.
Organic Recyclables Disposal. It is the duty of the authorized solid waste collector,
All garbage, organic waste and recyclables shall be unless otherwise allowed under the current franchise
disposed of by delivery of each container to an authorized agreement, to provide the bins, boxes and containers. The
collection station, located as to be readily accessible for the use of garbage,organic materials and non-organic recycling
removal and emptying of its contents by the solid waste containers which do not meet the standards set forth in
collector.Recyclables and organic waste may be disposed of Section 6.24.070 of this chapter shall be subject to
as set forth in Section 6.24.200. (Ord. 15-2130, § 1 (part), regulations prescribed by the Director,including appropriate
2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), additional charges to be paid the solid waste collector for the
1991) collecting and transporting of the inappropriate containers or
waste contained therein. (Ord. 15-2130, § 1 (part), 2015;
6.24.070 Garbage, Organic Waste and Non-Organic Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; Ord.
Recyclables Containers. 1572, § 1 (part), 1991)
A. All garbage, organic waste materials and
non-organic recyclables containers shall be kept in a sanitary 6.24.090 Burning Restrictions.
condition with the lid closed or cap secured, except when It is unlawful for any person to burn, or cause to be
being loaded or unloaded. burned, any solid waste within the City or to bum, or cause
B. Garbage,organic waste materials and non-organic to be burned, any waste upon public streets, ways or alleys.
recyclables containers for residential premises shall be (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
provided by the solid waste collector and be sized based on 2010; Ord. 1572, § 1 (part), 1991)
the level of subscription for services requested by the
responsible party or as may be required by this Chapter 6.24.100 Disposal of Explosive or Hazardous Material
6.24. Containers shall not be loaded with more materials Restrictions.
than will fit in the container with the lid closed or cap No person shall deposit in any garbage organic waste
secured, or in excess of the weight limit marked on the or non-organic recycling container any explosive, highly
container. All containers for business structure premises inflammable or otherwise hazardous material or substance. i
shall be provided by or approved by the solid waste (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
collector,except for industry approved grease or cooking oil 2010; Ord. 1572, § 1 (part), 1991)
tallow bins that shall be provided by a designated tallow
hauler. 6.24.110 Unauthorized Disposal Prohibited.
C. Garbage, organic waste and non-organic A. It is unlawful for any person or entity in the City
recycling containers shall be collected by the solid waste to throw, deposit or store refuse, garbage or hazardous
collector when the containers are placed at the collection waste, or to cause the same to be thrown, deposited or
station;provided,however,that the collection may be made stored, upon any street, alley, gutter, park, or other public
at such other location upon approval by the Director,based place. Furthermore, no property owner and/or tenant with
on the services subscribed for by the responsible party. control over any premises shall keep or maintain any
D. Garbage containers, organic materials containers garbage,non-organic recyclables,organic waste,hazardous
and non-organic recycling containers shall be placed at the materials, or any waste effluent such as grease or oil on any
authorized collection station not more than twenty-four premises within the City other than in containers as required
hours before the scheduled collection time, unless the by Section 6.24.070 and/or any other provisions of this
resident subscribes for 'Walk-Up' services. All containers chapter. Waste water must go to the sanitary sewer; if it
shall be removed from the collection station area within contains oil or grease a grease trap may be required.
twenty-four hours after collection. Where containers are B. Nothing contained in Section 6.24.070, Section
placed within a designated bike lane, containers shall be 6.24.080 or this Section 6.24.110 shall prevent a property
removed within twelve hours after collection. All bins, owner and/or tenant with control over any residential
boxes, and containers of one cubic yard or more,which are premises from keeping or maintaining organic waste in a
serviced by the solid waste collector, shall be identified with residential composting bin designed and intended for
the name and telephone number of the collector servicing the residential composting.Residential composting materials and
bins,boxes and containers. (Ord. 15-2130, § 1(part),2015; containers shall not be stored in public view. (Ord.
Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; 1572, 15-2130, § 1(part),2015; Ord.2069, § 1 (part),2010;Ord.
§ 1 (part), 1991) 1572, § 1 (part), 1991)
2015S-49
16A Garbage--Los Altos Garbage Company 6.24.120
6.24.120 Franchise Granting Authority. 6.24.180 Assignment of Delinquent Account.
The City Council may award an exclusive franchise to In the event the bill for garbage collection service,
any person or entity the Council believes is qualified to together with any late charge thereon, is not paid within
perform solid waste collection service. Such franchise thirty days after the date of mailing the notice of
agreement shall require the solid waste collector to render delinquency to the owner, the solid waste collector may
service to all residential and commercial premises within the assign such bill to the City for collection. The assignment
City in accordance with the provisions of this chapter and in shall include the name and address of the owner, the
conformity with such regulations as may be adopted by the assessor's parcel number of the premises, the period of
Director with the approval of the City Council. Additional garbage collection service covered by the bill, the amount
terms of such franchise agreement shall not conflict with any owed for such service, the amount of any late charge and
of the provisions of this chapter, Chapter 9.16 or Chapter such other information as requested by the Finance Director
10.48. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 together with a copy of the notice of delinquency mailed or
(part), 2010; Ord. 1572, § 1 (part), 1991) otherwise delivered to the owner. (Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
6.24.150 Charges for Garbage Collection Service. (part), 1991)
The City Council reserves the right to establish by
resolution a maximum schedule of rates and charges for all 6.24.190 Recycle Centers.
levels of garbage collection services to be rendered by the The City may operate one or more centers for the
solid waste collector, who shall then have authority to collection of recyclable materials or may enter into a
collect such rates and charges. The schedule may be contract with a private party to operate such centers. The
changed from time to time in the manner prescribed by the City may contract with the same solid waste collector
franchise agreement between the City and the solid waste awarded the franchise for solid waste collection service or
collector. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 with any other party for the processing and transportation of
(part), 2010; Ord. 1572, § 1 (part), 1991) the recyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
6.24.160 Failure to Pay for Garbage Collection Service. designate what material shall be deemed recyclable and
The solid waste collector shall be entitled to payment which may therefore be disposed of by delivery to a recycle
from either the owner or the recipient of solid waste center. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1
collection service for any services rendered or to be (part), 2010; Ord. 1572, § 1 (part), 1991)
rendered. Upon failure to make such payment,the means of
collecting delinquent charges shall be in accordance with the 6.24.200 Unauthorized Solid Waste Collection.
procedures set forth in Sections 6.24.170 through 6.24.180 A. No person shall collect any garbage, mixed
of this Chapter. Solid waste collection service shall not be non-organic recyclables, or organic waste from containers
discontinued by reason of any failure to pay the charges for provided by the solid waste collector when the containers
such service. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, are located at the collection station and/or within a solid
§ 1 (part), 2010; Ord. 1572, § 1 (part), 1991) waste enclosure recycling area, unless such person is an
agent or employee of the City acting within the course and
6.24.170 Notification of Delinquency. scope of his employment, or has been awarded a franchise
If a bill for garbage collection service remains by the City to act as solid waste collector.
delinquent for thirty days, the solid waste collector shall be B. No person shall collect any garbage, mixed
entitled to collect a late charge in such amount as approved non-organic recyclables,organic waste,or construction and
by the City Council. The solid waste collector may, at any demolition materials through the use of debris boxes,
time after such thirty-day period, send or deliver notice of compactors and bin-by-the-day services,which is produced,
delinquency to the owner indicating the amount owed for kept or accumulated within the City, unless such person is
solid waste collection service, the amount of late charge an agent or employee of the City acting within the course
thereon, and advising the owner that failure to pay the same and scope of his employment, or has been awarded a
will result in increased penalties and that the City may franchise by the City to act as solid waste collector. The
pursue other remedies under the Code. (Ord. 15-2130, § 1 City shall notify any person or entity violating this section
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 that the prompt and permanent removal of any collection
(part), 1991) bin,box or container from the place or premises is required.
The City's solid waste collector may take legal action to
protect the exclusive rights granted to the solid waste
collector in the franchise agreement. The following
situations are exempt from this section:
2015S-49
6.24.200 Cupertino-Franchises 16B
1. The transporting of garbage or non-organic 6.24.230 Rules and Regulations Adopted.
recyclables and organic waste by the property owner, that A. The Director shall adopt such rules and
have been generated on the property by the owner of the regulations as may be necessary for the proper
property or by an individual or entity leasing or renting the administration and enforcement of this chapter, and any
property from the property owner. franchise,contract or license issued or executed there under,
2. Collection of non-organic recyclable materials or including regulations relating to the required frequency of
organic material which have been source separated from collection from various types of places and premises, and
other solid waste by the generator and which the generator the types of special containers required for certain classes of
sells or donates to any other person or organization, or any places and premises.
organic or non-organic recyclable materials which have a B. The Director shall resolve all disputes concerning
value equal to or more than the cost of collection. the administration of this chapter and any franchise,
3. Removal of construction, remodeling or contract, or license issued or executed there under. Any
demolition debris as part of a total service offered by the affected person who is dissatisfied with the determination of
contractor,where the removal is performed by an employee the Director may,within ten days after such decision appeal
of the contractor using only equipment owned by the the same to the City Council. Such appeal must be in
contractor. writing, filed with the City Clerk, and must set forth the
4. Removal of green waste or plant trimmings by a reasons for such appeal.
gardening, landscaping, or tree trimming contractor as an C. Disputes concerning the enforcement of this
incidental part of a total service offered by that contractor. chapter by an administrative citation issued pursuant to
5. Collection of grease wastes from grease bins, Chapter 1.10 shall be resolved by means of the citation
grease traps or grease interceptors. appeal process set forth in that chapter. No violation of this
6. Collection of horse manure from residences or chapter shall be permitted, or be continued, during the time
non-residential properties. any such appeal is pending. (Ord. 15-2130, § 1 (part),
7. Collection of hazardous materials. 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part),
8. Collection of non-hazardous material that is 1991)
greater than fifty percent 50%)liquid(including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, § 1 6.24.240 Violation-Misdemeanor.
(part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, § 1 (part), Any person who violates any provision of this chapter
2010; Ord. 1572, § 1 (part), 1991) shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapters 1.10 and
6.24.210 Interfering with Solid Waste Collection 1.12 of this code. (Ord. 15-2130, § 1 (part), 2015; Ord.
Service. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
No person shall, in any manner, interfere with the
performance of solid waste collection services being
rendered by an agent or employee of the City acting within
the course and scope of his employment, or being rendered
by the authorized solid waste collector. (Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
(part), 1991)
6.24.220 Unauthorized Use of Solid Waste Collection
Service.
No person shall deposit,place or accumulate, or allow
the deposit, placement or accumulation upon a premises for
pick up by the solid waste collector, any solid waste
produced from another premises where such action results
in the avoidance or reduction of any solid waste collection
service charges that would otherwise be payable for
collection of such solid waste from the premises at which it
was produced. (Ord. 15-2130, § 1 (part),2015; Ord. 2069,
§ 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
{ l
2015S-49
1 `t
t `f
TITLE 9: HEALTH AND SANITATION
Chapter
J" 9.04 Restaurants and Food Establishments
9.06 Massage Establishments and Services
9.08 Weed Abatement
9.12 Hazardous Materials Storage
9.15 Prohibition of Expanded Polystyrene (EPS) Foam Service Ware
9.16 Solid Waste, Non-Organic Recycling and Recycling Areas
9.17 Regulation of Single-Use Carryout Bags
9.18 Stormwater Pollution Prevention and
Watershed Protection
9.19 Water Resource Protection
9.20 Off-Site Hazardous Waste Facilities
9.22 Property Maintenance
1
2015S-49
9.15.100
r"
CHAPTER 9.15: PROHIBITION OF EXPANDED POLYSTYRENE (EPS) FOAM FOOD SERVICE WARE
Section
9.15.100 Definitions. 2. Prepackaged food that is delivered to the food
9.15.110 Polystyrene foam disposal food service vendor wholly encased,contained or packaged in a container
ware prohibited. or wrapper, and sold or otherwise provided by the food
9.15.120 Exemptions to the polystyrene foam vendor in the same container or packaging.
disposal food service ware prohibition. (Ord. 14-2116, § 1 (part), 2014)
9.15.130 Administrative citation and fine.
9.15.140 Severability. 9.15.110 Polystyrene Foam Disposal Food Service
Ware Prohibited.
No food vendor shall sell or otherwise provide
9.15.100 Definitions. prepared food in polystyrene foam disposable food service
The definitions set forth in this Section shall govern the ware on or after July 1, 2014.
application and interpretation of this Chapter. (Ord. 14-2116, § 1 (part), 2014)
A. "Disposable food service ware"means single-use
disposable products used in the restaurant and food service 9.15.120 Exemptions to the Polystyrene Foam Disposal
industry for serving prepared food and includes, but is not Food Service Ware Prohibition.
limited to, plates, trays, cups, bowls, and hinged or lidded A. A food vendor may seek an exemption from the
containers (clamshells). "Disposable food service ware prohibition under Section 9.15.110 due to a "unique
does not include straws, utensils, drink lids, or ice chests. packaging hardship, under Subsection B of this section, or
B. "Food vendor" means any establishment located "unused inventory" under Subsection C of this section.
in the City of Cupertino that sells or otherwise provides B. The food vendor must demonstrate that no
prepared food for consumption on or off its premises, and reasonably feasible alternative exists to a specific and
includes, but is not limited to, any shop, sales outlet, necessary polystyrene foam disposable food service ware to
restaurant, bar, pub, coffee shop, cafeteria, caterer, qualify for a "unique packaging hardship" exemption,
convenience store,liquor store,grocery store,supermarket, C. The food vendor must demonstrate that before
delicatessen,mobile food truck,vehicle or cart,or roadside January 1, 2014, it purchased the polystyrene foam food
stand. service ware, which cannot be returned to the distributor,
C. "Polystyrene foam" means a thermoplastic and, despite the food vendor's best efforts, will remain in
petrochemical material made from a styrene monomer and inventory on July 1, 2014, to qualify for an "unused
expanded or blown using a gaseous agent (expanded inventory" exemption.
polystyrene)including,but not limited to,fusion of polymer D. The food vendor may submit a written application
spheres (expandable bead polystyrene), injection molding, for an exemption on a form provided by the Environmental
form molding, and extrusion-blow molding(extruded foam Programs Division. The Director of Public Works designee
polystyrene). "Polystyrene foam" is commonly made into ("Director")may require the applicant to submit additional
disposable food service ware products. "Polystyrene foam" information or documentation to make a determination
does not include clear or solid polystyrene (oriented regarding the exemption request. A request for exemption
polystyrene). shall be reviewed on a case by case basis, and may be
D. "Prepared food"means food or beverages that are granted in whole or in part, with or without conditions, for
packaged,cooked,chopped,sliced,mixed,brewed,frozen, a period of up to six (6) months or to January 1, 2015,
squeezed or otherwise prepared on the premises. Prepared whichever comes first. The determination of the Director
food" does not include: shall be final and is not subject to appeal.
1. Any raw, uncooked meat products, fruits, or (Ord. 14-2116, § 1 (part), 2014)
vegetables, unless it is intended for consumption without
further preparation; or
34A
2015 S-49 Repl.
9.15.130 Cupertino -Health and Sanitation 34B
9.15.130 Administrative citation and fine.
(a) Grounds for an administrative citation. An
administrative citation maybe issued upon findings made by
the City Manager, or his or her designee, when any person
or food vendor has provided EPS foam food service ware to
a customer or violated any other provision of this Chapter.
(b) Administrative citation fine amounts. Upon
findings made under subsection (a), the person or food
vendor shall be subject to an administrative citation pursuant
to Chapter 1.10 of this Code. Fines for the administrative
citation are as follows:
(1) First citation: One hundred dollars ($100.00).
(2) Second citation for the same violation within the
same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the.same
violation within the same twelve month period:Five hundred
dollars ($500.00)
(4) Each day that any person or food vendor violates
the provisions of this chapter a new and separate violation
occurs.
(c) Administrative citation appeals and disposition
shall be processed in accordance with Chapter 1.10 of this
Code.
(Ord. .14-2116, § 1 (part), 2014)
9.15.140 Severability. )
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held to be
unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby.
(Ord. 14-2116, § 1 (part), 2014)
2015 S-49 Repl.
9.16.010
CHAPTER 9.16: SOLID WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9.16.010 Purpose. in passing the California Solid Waste Reuse and Recycling
9.16.020 Definitions. Access Act of 1991 (AB 1327), required all local agencies
9.16.030 Applicability of regulations. to adopt an ordinance relating to adequate areas for
9.16.040 Site development regulations. collecting and loading recyclable materials in development
9.16.045 Solid waste, non-organic recycling and projects. The City has adopted the State's model ordinance
organic recycling enclosures to fit local conditions, in a manner that complies with AB
9.16.050 Maintenance and collection. 1327.
9.16.060 Violation-Penalty. C. Assembly Bill 1826 authorizes the City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
9.16.010 Purpose. space in multifamily complexes or businesses to provide
A. The City is required to comply with the applicable additional organic material recycling bins. (Ord. 15-2130,
provisions of the California Integrated Waste Management § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671,
Act(AB939 or"Act"), as amended,which is codified in the (part), 1994)
California Public Resource Code beginning at section
40000. The Act requires that by and after January 1,2000, 9.16.020 Definitions.
fifty percent (50%) of the solid waste generated must be The words and phrases used in this chapter have the
diverted through source reduction,recycling and composting same meaning as set forth in Section 6.24.020 of this Code
activities. In 2014, the Act was amended by Assembly Bill unless defined in this section. In which case, as used in this
1826 which requires that by April 1, 2016 a business that chapter:
generates eight(8)cubic yards or more of organic waste per A. "Business Structure" means a building or
week must arrange for recycling services specifically for buildings within a property occupied by one or more
organic waste;by January 1,2017,a business that generates businesses.
four(4)cubic yards or more of organic waste per week must B. "Development project" means any of the
arrange for recycling services specifically for organic waste; following:
by January 1, 2019, a business that generates four(4)cubic 1. A project for which a building permit is required
yards or more of commercial solid waste per week, must for a commercial, industrial, institutional or quasi-public
arrange for recycling services specifically for organic waste; building, or residential building having five or more living
by January 1, 2020, if the State determines that statewide units, where solid waste is collected and loaded.
disposal of organic waste has not been reduced to fifty 2. Any residential project where solid waste is
percent (50%) of the level of disposal during 2014, a collected and loaded in a location serving five or more living
business that generates two cubic yards or more per week of units.
commercial solid waste must arrange for the organic waste 3. Any new public facility where solid waste is
recycling, unless the State determines that this requirement collected and loaded, including any improvements to the
will not result in significant additional reductions of organics areas of a public facility which are used for collecting and
disposal. loading solid waste.
B. The lack of adequate areas for collecting and 4. Any subdivisions or tracts of single-family
loading recyclable materials that are compatible with detached homes if, within such subdivisions or tracts there
surrounding land uses is a significant impediment to is an area where solid waste is collected and loaded in a
diverting solid waste and constitutes an urgent need for the location which serves five or more living units. In such
City to address access to solid waste for source reduction, instances, recycling areas as specified in this chapter are
recycling and composting activities. The State Legislature, only required to serve the needs of the living units which
utilize the solid waste collection and loading area.
2015S-49 34B-1
9.16.020 Cupertino -Health and Sanitation 34B-2
C. "Improvement" means a site or building change Director shall review the quantity and size of various solid
which adds to the value of a facility,prolongs its useful life, waste containers that are necessary to meet the requirements
or adapts it to new uses, including but not limited to a of this Chapter and Chapter 6.24. Business structures,
building permit, development permit, or use permit. owners and/or project applicants that are granted an
D. "Director" means the Director of Public Works exemption are required to increase collection frequency to
and his/her duly authorized agents and representatives. the maximum extent available from the solid waste collector
E. "Owner"means the holder or holders of legal title if current container size and quantity exceed available space
to the real property constituting the premises to which solid within the recycling area enclosure. (Ord. 15-2130, § 2
waste collection service is provided. (part),2015;Ord. 2085, §2(part),2011;Ord. 1671,(part),
F. "Project applicant" means any person, firm, or 1994)
governmental agency who executes the necessary forms to
procure official approval of a project,land use modification, 9.16.040 Site Development Regulations.
or a permit to carry out construction of a project. All projects as provided for in Section 9.16.030 shall
G. "Public facility" means, but is not limited to, provide adequate, accessible and convenient areas for
buildings, structures and outdoor recreation areas owned by collecting and loading recyclable and separated organic
a local agency. materials, solid waste, including grease and cooking oil.
H. "Recycling area" means space allocated for Covered recycling areas built to enclose solid waste,
collecting and loading of recyclable materials including solid recycling and organics containers,and grease tallow bins are
waste. Such areas shall have the ability to accommodate considered accessory structures and are thus subject to the
receptacles for non-organic and organic recyclable provisions of Chapter 19.100.
materials, solid waste and grease or cooking oil. Recycling A. Recycling areas shall not be located in any area
areas shall be accessible and convenient for those who required to be constructed or maintained as unencumbered,
deposit as well as those who collect and load the recyclable according to any applicable federal, state or local laws
materials and solid waste placed in the receptacles. relating to fire, access,building, transportation, circulation
Recycling area is also referred to as solid waste, or safety.
non-organic recycling and organic recycling enclosures in B. The development of new or modified recycling �` 1
this Chapter. areas shall generally comply with the City's Public Works _
I. "Trio set(s)"means a set of permanently installed Guidelines for"Non-Residential Building Trash&Recycling
(anchored to the ground) outdoor receptacles consisting of Enclosures or Guidelines for Multi-Family Dwelling (5 or
three separate containers one each for solid waste, more units) Trash and Recycling Enclosures."
non-organic recyclables and organic waste, each labeled to C. Any costs associated with adding garbage and
indicate the material type contained therein, and installed recycling enclosure storage space to existing development
together in a visible collection area for public use. projects shall be the responsibility of the project applicant or
J. "Wet Waste Business" means a business that owner.
produces food, organic and/or liquid wastes (collectively D. Recycling areas for existing multiple tenant
"wet waste") which, if left out in the open as opposed to in development projects shall, at a minimum, be sufficient in
a secured container, could create a public nuisance as well capacity, number, and distribution to serve that portion of
as a stormwater violation, is a wet waste business. Such the development project leased by the tenant who submitted
businesses include, but are not limited to restaurants, an application resulting in the requirement of a recycling
grocery stores, produce markets and florists. (Ord. area under Section 9.16.030.
15-2130, §2(part),2015;Ord. 2085, §2(part),2011; Ord. E. Outdoor Public Recycling,Organics and Garbage
1671, (part), 1994) Containers:
1. Trio set(s) must be installed by the project
9.16.030 Applicability of Regulations. applicant or property owner at all new, improved or
A. The site development regulations prescribed in modified business structures. An alternative set of bins that
Section 9.16.040 shall apply to all businesses, business provide equal containment of public litter may be allowed if
structures and project sites which are subject to City review deemed appropriate by the Director. If the Director
and approval for improvements, changes or modifications. determines that the potential impact from litter in the vicinity
B. The request for an exemption from mandated of the business is negligible, this requirement may be
organic waste recycling due to inadequate recycling area waived.
enclosure space may be submitted to the Director. The
2015S-49
34B-3 Solid Waste, Non-Organic Recycling and Recycling Areas 9.16.040
F t
;j 2. One trio set may satisfy the requirement for up to 9.16.050 Maintenance and Collection.
four adjacent businesses at one business structure. The Recyclable materials and solid waste shall not be
number of trio sets that are required will be determined by allowed to accumulate such that a visual or public health or
the Director and are intended to be sufficient to contain the safety nuisance is created. The property owner is
amount of litter and solid waste that is reasonably expected responsible for arranging the pickup of solid waste by the
to be generated from the type and size of the businesses at solid waste collector. Maintenance of each recycling area is
each business structure. (Ord. 15-2130, § 2 (part), 2015; also the responsibility of the property owner. The solid
Ord. 2085, § 2(part), 2011; Ord. 1671, (part), 1994) waste collector is responsible for maintenance of their
respective bins and containers. (Ord. 15-2130, § 2 (part),
9.16.045 Solid Waste, Non-Organic Recycling and 2015; Ord. 2085, §2(part),2011; Ord. 1671, (part), 1994)
Organic Recycling Enclosures.
All wet waste businesses or wet waste business 9.16.060 Violation-Penalty.
structures which are subject to City approval for Any person who violates the provisions of this chapter
improvements, changes or modifications shall include a shall be guilty of an infraction and upon conviction thereof
covered area to accommodate solid waste, non-organic shall be punished as provided in Chapter 1.10 and 1.12 of
recycling, organics bins and grease tallow bins to prevent this code. (Ord. 15-2130, §2(part), 2015; Ord. 2085, §2
loose materials or effluent from scattering on the property (part), 2011; Ord. 1671, (part), 1994)
and to prevent storm water run on to the area and runoff
from the area. Solid waste, non-organic recycling and
organic enclosure storage areas shall be designed in
accordance with the City's Public Works Guidelines for
"Non-Residential Building Trash&Recycling Enclosures or
Guidelines for Multi-Family Dwelling (5 or more units)
Trash and Recycling Enclosures". New enclosure storage
facilities, plans to share enclosure storage facilities or
remodel existing enclosure storage facilities shall be subject
to the review and approval of the Director.
Any person owning, controlling or maintaining any
premises within the City which is required to have and
maintain recycling area enclosures as specified in this
Chapter as a condition of development, modification or use
shall keep all garbage, organic waste, recycling, and other
waste containers within the confines of the enclosures at all
times except when the containers are being emptied by the
solid waste collector. At businesses or business structures,
the quantity of containers shall be sufficient to adequately
allow the property owner or tenant to separate.solid waste,
non-organic recyclables and organic waste. The property
owner or tenant is to request increased collection frequency
from the solid waste collector if current container size and
quantity exceed available area within the enclosure.
Commercial entities shall use tallow bins for grease waste.
Secondary containment for tallow bins and other waste or
organic material containers shall be required by the City if
the potential exists for any non-stormwater discharge to the
storm drain system or any other waterway that connects to
the waters of the State. Failure to properly store discarded
materials is subject to citation. (Ord. 15-2130, § 2 (part),
2015)
2015S-49
19.08.010
CHAPTER 19.08: DEFYNMONS
Section
19.08.010 Purpose and applicability. G. Unless the context clearly indicates to the
19.08.020 General rules for construction of contrary, the following conjunctions shall be interpreted as
language. follows:
19.08.030 Definitions. 1. "And" indicates that all connected items or
Appendix A: Cupertino Standard Detail 7-2 Comer provisions shall apply;
Triangle- Controlled Intersections. 2. "Or" indicates that the connected items or
Appendix B: Cupertino Standard Detail 7-4 Comer provisions may apply singly or in any combination;
Triangle-Uncontrolled Intersections. 3, "Either. . . or" indicates that the connected items
Appendix C: Cupertino Standard Detail 7-6 or provisions shall apply singly but not in combination.
Sidewalk Site Triangle (Sidewalk H. The words"lot"and"parcel"are interchangeable.
Clearance at Driveways). I. The word "building" includes the word
Appendix D: Examples of How to Measure Sign "structure."
Area. J. All public officials,bodies,and agencies to which
reference is made are those of the City unless otherwise
indicated.
19.08.010 Purpose and Applicability. K. "City" means the City of Cupertino. (Ord.
The purpose of this chapter is to promote consistency 14-2125, §3(part),2014; Ord. 2085, §2(part),2011; Ord.
and precision in the interpretation of zoning regulations. 1601, Exh. A (part), 1992)
The meaning and construction of words and phrases defined
in this chapter shall apply throughout the zoning regulations, 19.08.030 Definitions.
except where the context of such word or phrases clearly Throughout this title the following words and phrases
indicates a different meaning or construction. (Ord. shall have the meanings ascribed in this section.
14-2125, §3(part),2014; Ord.2085, §2(part),2011;Ord. A. "A" Definitions:
1601, Exh. A (part), 1992) "Abandon" means to cease or discontinue a use or
activity without intent to resume, but excluding temporary
19.08.020 General Rules for Construction of or short-term interruptions to a use or activity during periods
Language. of remodeling, maintaining, or otherwise improving or
The following general rules of construction shall apply rearranging a facility, or during normal periods of vacation
to the text of the zoning regulations: or seasonal closure.
A. The particular shall control the general. "Abutting" means having property or district lines in
B. In case of any difference of meaning or common.
implication between the text of any provision and any "Accessory building" means a building which is
caption or illustration, the text shall control. incidental to and customarily associated with a specific
C. The word "shall" is always mandatory and not principal use or facility and which meets the applicable
discretionary. The word "may" is discretionary. conditions set forth in Chapter 19.100.
D. References in the masculine and feminine genders "Accessory structure" means a subordinate structure,
are interchangeable. the use of which is purely incidental to that of the main
E. Words used in the singular include the plural,and building and which shall not contain living or sleeping
the plural includes the singular, unless the context clearly quarters. Examples include a deck, tennis courts, trellis or
indicates the contrary. car shelter. Fences eight feet or less are excluded.
F. The words"activities"and"facilities"include any "Addition"means any construction which increases the
4 part thereof. size of a building or facility in terms of site coverage,
} height, length, width, or gross floor area ratio.
2015 S-49 Repl. 5
19.08.030 Cupertino-Zoning 6
"Adjacent property" means property that abuts the "Agriculture" means the tilling of the soil, the raising
subject property, including property whose only contiguity of crops, horticulture, agriculture, livestock farming,
to the subject site is a single point and property directly dairying, or animal husbandry, including slaughterhouses,
opposite the subject property and located across a street.. fertilizer yards, bone yard, or plants for the reduction of
"Adult bookstore" means a building or portion thereof animal matter or any other similar use.
used by an establishment having as a substantial or "Alley" means a public or private vehicular way less
significant portion of its stock in trade for sale to the public than thirty feet in width affording a secondary means of
or certain members thereof, books, magazines, and other vehicular access to abutting property.
publications which are distinguished or characterized by "Alteration", for purposes of the Sign Ordinance,
their emphasis on matter depicting, describing or relating to means any permanent change to a sign.
specified sexual activities or specified anatomical areas, Alteration means any construction or physical change
as hereinafter defined. in the arrangement of rooms or the supporting members of
"Adult cabaret" means a building or portion thereof a building or structure, or change in the relative position of
used for dancing purposes thereof or area used for buildings or structures on a site, or substantial change in
presentation or exhibition or featuring of topless or appearances of any building or structure.
bottomless dancers,strippers,male or female impersonators 1. "Incidental alteration" means any alteration to
or similar entertainers, for observations by patrons or interior partitions or interior supporting members of a
customers. structure which does not increase the structural strength of
"Adult motion picture theater" means a building or the structure;any alteration to electrical,plumbing,heating,
portion thereof or area, open or enclosed, used for the air conditioning, ventilating, or other utility services,
presentation of motion pictures distinguished or fixtures, or appliances; any addition, closing, or change in
characterized by an emphasis on matter depicting,describing size of doors or windows in the exterior walls; or any
or relating to "specified sexual activities" or "specified replacement of a building facade which does not increase the
anatomical areas, as hereinafter defined,for observation by structural strength of the structure.
patrons or customers.
2. "Structural alteration" means any alteration not
"Advertising statuary" means a structure or device of deemed an incidental alteration. f
any kind or character for outdoor advertising purposes "Amusement park"means a commercial facility which
which displays or promotes a particular product or service, supplies various forms of indoor and outdoor entertainment
but without name identification. and refreshments.
"Aerial" means a stationary transmitting and/or Animal:
receiving wireless communication device consisting of one 1. Animal,Adult. "Adult animal"means any animal
or any combination of the elements listed below: four months of age or older.
1. "Antenna"means a horizontal or vertical element 2. Animal, Large. "Large animal" means any
or array, panel or dish that may be attached to a mast or a equine,bovine, sheep, goat or swine or similar domestic or
tower for the purpose of transmitting or receiving radio or wild animal, as determined by the Planning Commission.
microwave frequency signals. 3. Animal, Small. "Small animal" means animals
2. "Mast" means a vertical element consisting of a which are commonly found in single-family residential areas
tube or rod which supports an antenna. such as chickens, ducks, geese, rabbits, dogs, cats, etc.
3. "Tower" means a vertical framework of cross "Animal care" means a use providing grooming,
elements which supports either an antenna, mast or both. housing, medical care, or other services to animals,
4. "Guy wires"means wires necessary to insure the including veterinary services,animal hospitals,overnight or
safety and stability of an antenna, mast or both. short-term boarding ancillary to veterinary care, indoor or
"Affordable housing cost" means the amount set forth outdoor kennels, and similar services.
in the Health and Safety Code Section 50053, as may be "Apartment" means a room or a suite of two or more
amended. rooms which is designed for, intended for, and occupied by
"Affordable rent" means the amount set forth in the one familydoing its cooking there.
Health and Safety Code Section 50053,as may be amended. "Apartment house"means a building designed and used
"Affordable units" means housing units in which the to house three or more families,living independently of each
rent does not exceed thirty percent of the HUD income other.
limits for lower and very low income households for the "Apartment project" means a rental housing
Santa Clara County Metropolitan Statistical Area, adjusted development consisting of two or more dwelling units.
for household size. "Approval Body" means the Director of Community
Development and his/her designee, the Planning
Commission or City Council depending upon context.
2015S-47
19 Definitions 19.08.030
"Site," for purposes of the Sign Ordinance, means a "Structure"means that which is built or constructed,an
piece of land as shown on a subdivision map, record of edifice or building of any kind, or any piece of work
survey map or assessor's parcel map, which constitutes one artificially built up or composed of parts joined together in
development site and which may be composed of a single some definite manner.
unit of land or contiguous units under common ownership, 1. Structure,Recreational. "Recreational structure"
control, or development agreement. means any affixed accessory structure or portion, which
"Special event," for purposes of the Sign Ordinance, functions for play, recreation or exercise(e.g.,pool slides,
means a temporary promotional event including, but not playhouses, tree houses, swings, climbing apparatus,
limited to, a special sale on merchandise or services, or gazebos, decks, patios, hot tubs and pools) but does not
grand openings. include portable play structures, such as swings or climbing
"Special event banner" means any temporary sign apparatus.
constructed of pliable materials such as canvas,fabric,vinyl "Structurally attached" means any structure or
plastic or similar materials which will withstand exposure to accessory structure or portion thereof,which is substantially
wind and rain without significant deterioration, and which attached or connected by a roof structure or similar physical
does not require a building permit for its construction, or attachment.
installation outside of a building. "Supportive housing" (per CA Government Code
"Specified anatomical areas" means: 65582(f), as may be amended)means housing with no limit
1. Less than completely and opaquely covered on length of stay, that is occupied by the target population,
human genitals, pubic region, buttocks and female breast and that is linked to onsite or offsite services that assist the
below a point immediately above the top of the areola; and supportive housing resident in retaining the housing,
2. Human male genitals in a discernibly turgid state, improving his or her health status, and maximizing his or
even if completely and opaquely covered. her ability to live and, when possible, work in the
"Specified sexual activities" means: community.
1. Human genitals in a state of sexual stimulation or T. "T" Definitions:
arousal; „ „
Target population (per CA Government Code
2. Acts of human masturbation, sexual intercourse 65582(g), as may be amended) means persons with low
or sodomy; incomes having one or more disabilities, including mental
3. Fondling or other erotic touching of human illness, HIV or AIDS, substance abuse, or other chronic
genitals, pubic region, buttocks or female breast. health conditions, or individuals eligible for services
"Story" means that portion of a building, excluding a provided under the Lanterman Developmental Disabilities
basement, between the surface of any floor and the surface Services Act(Division 4.5(commencing with Section 4500)
of the next floor above it, or if there is no floor above it, of the Welfare and Institutions Code).
then the space between the floor and the ceiling next above "Transient" means any individual who exercises
it. occupancy or is entitled to occupancy by reason of
"Street" means a public or private thoroughfare the concession, permit, right of access, license or other
design of which has been approved by the City which agreement for a period of thirty consecutive calendar days
affords the principal means of access to abutting property, or less, counting portions of calendar days as full days, and
including avenue, place, way, drive, lane, boulevard, including any individual who actually physically occupies
highway, road, and any other thoroughfare except an alley the premises, by permission of any other person entitled to
as defined in this chapter. occupancy.
1. Street, Public. "Public street" means all streets, "Transitional housing" (per CA Government Code
highways,lanes,places, avenues and portions and including 65582(h), as may be amended)means buildings configured
extensions in the length and width, which have been as rental housing developments,but operated under program
dedicated by the owners to public use, acquired for public requirements that call for the termination of assistance and
use, or in which a public easement for roadway purposes recirculation of the assisted unit to another eligible program
exists. recipient at some predetermined future point in time, which
"Street frontage," for purposes of the Sign Ordinance, shall be no less than six months from beginning of
means the length of a site along or fronting on a public or assistance.
private street,driveway or other principal thoroughfare,but "Trim"means the molding, battens, cappings, nailing
does not include such length along an alley, watercourse, strips, lattice and platforms which are attached to a sign.
railroad right-of-way or limited access roadway or freeway.
2015S-47
19.08.030 Cupertino -Zoning 20
U. "U" Definitions: 2. Vehicle,Recreation. "Recreation vehicle"means _.
"Use" means the conduct of an activity, or the a vehicle towed or self-propelled on its own chassis or
performance of a function or operation, on a parcel or in a attached to the chassis of another vehicle and designed or
building or facility. used for temporary dwelling, recreational or sporting
1. "Accessory use" means a use which is incidental purposes. The term recreation vehicle includes, but is not
to and customarily associated with a specified principal use. limited to, trailers, motor coach homes, converted trucks
2. "Conditional use" means a use listed by the and buses, and boats and boat trailers.
regulations of any particular district as a conditional use "Very low income household" means a household
within that district, and allowable solely on a discretionary whose gross income does not exceed that established by
or conditional basis, subject to issuance of a conditional use Health and Safety Code Section 50105, as may be amended.
permit, and to all other regulations established by this title. "Visual privacy intrusion" means uninterrupted visual
3. "Nonconforming use" means a use which is not access from a residential dwelling or structure into the
a permitted use or conditional use authorized within the interior or exterior areas of adjacent residential structures,
district in which it is located, but which was lawfully which area is either completely or partially private,designed
existing on October 10, 1955; or the date of any for the sole use of the occupant, and/or which serves to
amendments thereto, or the application of any district to the fulfill the interior and/or exterior privacy needs of the
property involved, by reason of which adoption or impacted residence or residences.
application the use became nonconforming. (See W. "W" Definitions:
"noncomplying facilities" in this chapter for a definition.) None.
4. "Permitted use" means a use listed by the X. "X" Definitions:
regulations of any particular district as a permitted use None.
within that district, and permitted therein as a matter of right Y. "Y" Definitions:
when conducted in accord with the regulations established "Yard"means an area within a lot, adjoining a lot line,
by this title. and measured horizontally, and perpendicular to the lot line
5. "Principal use" means a use which fulfills a for a specified distance, open and unobstructed except for -
r �
primary function of a household, establishment, institution, activities and facilities allowed therein by this title. r
or other entity. 1. "Front yard" means a yard measured into a lot -
"Useable rear yard" means that area bounded by the from the front lot line, extending the full width of the lot
rear lot line(s)and the rear building line extended to the side between the side lot lines intersecting the front lot line.
lot lines. The side yard adjacent to a proposed minor 2. "Rear yard" means a yard measured into a lot
addition (e.g., addition equaling ten percent or less of the from the rear lot line, extending between the side yards;
principal structure)may be included in calculation of usable provided that for lots having no defined rear lot line, the
rear yard area. rear yard shall be measured into the lot from the rearmost
V. "V" Definitions: point of the lot depth to a line parallel to the front lot line.
"Variance application"means an application for which 3. "Side yard" means a yard measured into a lot
an exception process is not identified in the Municipal Code. from a side lot line, extending between the front yard and
"Vehicle" means any boat, bus, trailer, motor home, rear lot line.
van, camper (whether or not attached to a pickup truck or Z. "Z" Definitions:
other vehicle),mobilehome,motorcycle,automobile,truck, None. (Ord. 14-2125, § 3 (part), 2014; Ord. 2085, §
pickup, airplane, boat trailer, truck tractor, truck trailer, 2 (part), 2011; Ord. 11-2074, (part), 2011; Ord. 2056,
utility trailer or recreational vehicle, or parts, or any device (part),2010;Ord. 1894, § 1,2002;Ord. 1891,(part),2002;
by which any person or property may be propelled, moved Ord. 1863, (part), 2000; Ord. 1809, 2000; Ord. 1784,
or drawn upon a public street, excepting a device moved (part), 1998;Ord. 1725, (part), 1996;Ord. 1688, §3(part),
exclusively by human power. 1995; Ord. 1657, (part), 1994; Ord. 1654, 1994; Ord.
1. Vehicle, Commercial. "Commercial vehicle" 1637, (part), 1993; Ord. 1635, (part), 1993; Ord. 1618,
means a vehicle of a type required to be registered under the (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A
California Vehicle Code used or maintained for the (part), 1992)
transportation of persons for hire,compensation,or profit or
designed, used, or maintained primarily for the
transportation of goods.
2015 S-49 Repl.
43 Comprehensive Ordinance List
Ord
Ord. No. . No.
13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050,
11.27.145 regarding designation of
regarding acceptance of public
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 14-2124 Rezoning certain land(Not Codified)
replacing Ch. 16.04, Building Code; 14-2125 Adding Ch. 13.08, park land
repealing and replacing Ch. 16.06, dedication, amending Ch. 18.24,
Residential Code; repealing and dedications and reservations, Ch.
replacing Ch. 16.12, Soils and 19.08, definitions, Ch. 19.12,
Foundations- Subdivisions; repealing Administration, Ch. 19.20, permitted,
and replacing Ch. 16.16, Electrical conditional, and excluded uses in
Code; repealing and replacing Ch. agricultural and residential zones, Ch.
16.20, Plumbing Code; repealing and 19.56, density bonus, Ch. 19.76,
replacing Ch. 16.24, Mechanical Code; Public Buildings (BA), Quasi-Building
repealing Ch. 16.32, Swimming Pools; (BQ) and Transportation(T) zones,
amends 16.36.010, 16.36.020, Ch. 19.80, Planned Development(P)
16.36.030, 16.36.040, 16.36.050, zones, Ch. 19.84, Permitted,
16.36.070, 16.36.120 regarding conditional and excluded uses in Open
relocation of buildings; repealing Space, Park and Recreation and
16.36.130 regarding violations-penalty Private Recreation zoning districts,
for moving buildings; repealing and Ch. 19.144, development agreements,
replacing Ch. 16.40, Fire Code; adding Ch. 19.172, below market rate
amends 16.54.010 regarding adoption of housing program(13.08, 18.24, 19.08,
Energy Code; amends 16.58.010, 19.12, 19.20, 19.56, 19.76, 19.80,
16.58.015, 16.58.040, 16,58.100 19.84, 19.144, 19.172)
regarding the Green Building Standards 14-2126 Amends Ch. 14.18 regarding tree
Code (16.02, 16.04, 16.06, 16.12, removal(14.18)
16.16, 16.20, 16.24, 16.32, 16.36, 15-2127 Amends 2.36.030, 2.36.0070,
16.40, 16.54, 16.58) 2.36.080 and 2.36.090 regarding the
14-2116 Adds 9.15.100, 9.15.110, 9.15.120, City Park and Recreation Commission
9.15.130, 9.14.140, prohibiting use of (2.36)
polystyrene foam disposable food 15-2128 Amends 11.32.010 and adds 11.32.055
service ware(9.15) regarding truck access to streets in
14-2117 Adds 16.58.400 and 16.58.420 to Ch. school zones (11.32)
16.58, Green Building Standards Code; 15-2129 Amends Ch. 2.40, Disaster Council
amends 1.08.010, 1.08.020, 1.08.030 (2.40)
regarding right of entry for inspection 15-2130 Amends Ch. 6.24, Garbage, Non-
(16.58, 1.08) Organic Recycling and Organic Waste
Recycling Collection and Disposal;
amends Ch. 9.16, Solid Waste,
Non-Organic Recycling and Recycling
Areas (6.24, 9.16)
2015S-49
13 Index
FIRE MARSHAL, COUNTY Permit
Weed abatement See Development
assessment Planning, community development director
collection authority 9.08.100 See also PLANNING DIRECTOR
hearing, submittal of record 9.08.090 duties designated 16.52.021
notice distribution 9.08.080 Recordkeeping
recordkeeping duty 9.08.070 See Planning,community development director
duty 9.08.060 Residential requirements
notice mailing 9.08.040 See New construction
Subdivisions proposals 16.52.044
FIREWORKS Utility requirements 16.52.043
Definitions 10.24.010 Variance
Exceptions 10.24.030 See Appeal, variance
Prohibitions 10.24.020 Violation, penalty 16.52.060
Violation, penalty 10.24.080 Watercourse alteration
See Planning,community development director
FLOOD DAMAGE PREVENTION
Anchoring requirements 16.52.041 FOOD ESTABLISHMENT
AO zone requirements 16.52.054 See RESTAURANT
Appeal, variance
generally 16.52.030 FRANCHISE
variance conditions 16.52.035 Cable television
Applicability of provisions 16.52.011 See CABLE AND VIDEO SERVICES
Compliance with provisions required 16.52.012 California water service
Definitions 16.52.010 designated 6.16.010
Development gross annual receipts, percentage payment to
permit required when, application city 6.16.050
requirements 16.52.020 maintenance
permit review notice 6.16.020
See Planning, community development required 6.16.030
director term 6.16.040
Firm Cupertino garbage company
See Flood insurance rate map See GARBAGE
Floodway restrictions 16.52.055 Electricity
Habitable floor elevation definitions 6.08.010
See New construction designated 6.08.020
Interpretation of provisions 16.52.013 granting authority 6.08.070
Liability disclaimer. 16.52.014 gross receipts
Manufactured home percentage payment to city 6.08.050
anchoring requirements total, report required 6.08.060
See Anchoring requirements maintenance requirements 6.08.030
requirements 16.52.053 term 6.08.040
New construction Garbage
anchoring See GARBAGE
See Anchoring requirements Gas
habitable floor elevation definitions 6.12.010
nonresidential requirements designated 6.12.020
16.52.052 granting authority 6.12.070
residential requirements 16.52.051 gross receipts
material method requirements percentage payment to city 6.12.050
16.52.042 total, report required 6.12.060
Nonresidential requirements maintenance requirements 6.12.030
See New construction term 6.12.040
2010 S-27
Cupertino-Index 14
Pacific Gas and Electric Company franchise
See Electricity grant, scope, authority 6.24.120
See Gas interference prohibited 6.24.210
San Jose waterworks mandatory, owner responsibilities
designated 6.20.010 6.24.030
gross annual receipts, percentage payment to unauthorized use prohibited
city 6.20.050 6.24.220
maintenance Container
notice 6.20.020 inappropriate, additional charges when
required 6.20.030 6.24.080
term 6.20.040 standards, use regulations 6.24.070
Water Definitions 6.24.020
See California water service Delinquent account
See San Jose waterworks collection, procedure 6.24.180
notification 6.24.170
FUND Disposal
Investment 2.24.050 explosive, hazardous materials 6.24.100
Special gas tax street improvement frequency 6.24.050
See SPECIAL GAS TAX STREET methods designated 6.24.060
IMPROVEMENT FUND unauthorized 6.24.110
Franchise
G__ See Collection service
Recycling
GARAGE, PATIO SALE mandatory non-organic recycling for businesses
Definitions 5.16.020 6.24.035
Enforcement 5.16.060 mandatory organic recycling for business r�,
Findings 5.16.010 structures 6.24.037
Goods display 5.16.050 mandatory solid waste collection service,
Limitation 5.16.030 exemption procedures 6.24.031
Sign Purpose of provisions 6.24.010
See also SIGN Recycling center, operation, use 6.24.190
regulations generally 19.104.250 Violation, penalty 6.24.240
restrictions 5.16.040
Violation GAS
penalty 5.16.070 See FRANCHISE
presumption 5.16.041 TOXIC GASES
GARBAGE GENERAL PENALTY
Administration, enforcement, regulations adoption See PENALTY, GENERAL
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service charges
See also Delinquent account
mandatory, owner responsibilities
establishment, collection 6.24.150
failure to pay, effect 6.24.160
commencement, time limits 6.24.040
r �
2015S-49
23 Index
Employer-employee relations 2.52.280 Meetings
`\ Employment continuation 2.52.490 amendments, records required 2.32.060
Federal, state, city laws, authority 2.52.340 procedure 2.32.050
Grievance processing procedure 2.52.420 Member
Impasse procedures 2.52.410 term of office 2.32.020
Jurisdiction A vacancy, removal 2.32.030
classification plan Powers, functions 2.32.070
provisions included 2.52.160 Procedural rules 2.32.080
purpose 2.52.140
scope of coverage, adoption PLANNING DIRECTOR
2.52.150 Bingo license applicant investigation 5.32.220
pay plan 2.52.180 Flood area authority 16.52.021
Jurisdiction B
provisions included 2.52.240 PLUMBING CODE
purpose 2.52.220 Adopted 16.20.010
scope of coverage, adopted 2.52.230 Adoption of appendix chapters 16.20.015
Jurisdiction C Condensate disposals 16.20.080
provisions included 2.52.270 Name insertion 16.20.020
purpose 2.52.250
scope of coverage, adopted 2.52.260 POLICE
Jurisdictions See SHERIFF
designated 2.52.040
exclusions 2.52.050 POLICE ALARM
exemptions 2.52.060 See ALARM
Legislative intent 2.52.030
Meet and confer in good faith POLLUTION
advance notice required 2.52.440 See WATERCOURSE POLLUTION
exclusions 2.52.400 PREVENTION
memorandum of understanding 2.52.430
scope 2.52.380 POLYSTYRENE FOAM SERVICE WARE
Municipal employee relations officer Administrative citation and fine 9.15.130
designated 2.52.320 Definitions 9.15.100
Purpose 2.52.010 Prohibited 9.15.110
Repeal of prior provisions 2.52.070 Exemptions 9.15.120
Retirement Severability 9.15.140
See Specific Subject
See Purpose PRELIMINARY SOIL REPORT
Rules, regulations See BUILDING
adoption 2.52.330
adoption, effectiveness 2.52.130 PRIVATE SCHOOL
scope, applicability 2.52.120 Business license
State law applicability 2.52.370 See also BUSINESS LICENSE
System adopted 2.52.020 fee 5.04.420
Written agreements, effect 2.52.360
PROPERTY MAINTENANCE
PISTOL City powers 9.22.050
See FIREARM Exemptions from provisions 9.22.030
Franchise Tax Board, notice 9.22.060
PLANNING COMMISSION Penalties 9.22.040
Chairman, election 2.32.040 Prohibited acts 9.22.020
Established 2.32.010 Purpose of provisions 9.22.010
Flood area appeal duties 16.52.030
2014S-43
Cupertino-Index 24
PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030
REQUIREMENTS Contract
See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS
PRIVATE DEVELOPMENTS bid, award procedures 3.22.060
Definitions 3.22.020
PUBLIC SAFETY COMMISSION Exemptions
Compensation, expenses 2.60.050 See Public agencies, exemptions when
Duties, responsibilities 2.60.070 Funds availability required 3.22.050
Effect 2.60.080 Public agencies, exemptions when 3.22.070
Established 2.60.010 Purchase order, request, petty cash
Meetings, quorum, officers, staff 2.60.040 required 3.22.040
Members Purpose of provisions 3.22.010
term of office 2.60.020
vacancy removal 2.60.030 PURCHASING OFFICER
Records required 2.60.060 Contract award authority 3.22.060
Designated 3.22.020
PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030
Award, criteria
lowest bid rejection, effect 3.23.100 --
lowest responsible bidder 3.23.070
Bid QUARANTINE
competitive, required when 3.23.030 See ANIMAL
exempt activities designated 3.23.130
informal procedure when 3.23.120 --R--
invitation, notice, contents 3.23.040
opening, procedure 3.23.060 RECORDER, COUNTY J,
presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090 ^
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140 RECYCLING AND DIVERSION OF CONSTRUCTION
Definitions 3.23.020 AND DEMOLITION WASTE
Lowest responsible bidder Administrative fee, 16.72.060
See Award, criteria Covered projects, 16.72.030
Proceeds, deposit, use 3.23.150 Definitions, 16.72.020
Purpose of provisions 3.23.010 Diversion requirements, 16.72.040
Security Findings of the City Council, 16.72.010
See also Bid Information required before issuance of permit,
forfeiture when 3.23.080 16.72.050
Work Reporting, 16.72.070
additional, procedure when 3.23.160
deletion permitted when 3.23.170 RECYCLING AREAS; SOLID WASTE,
NON-ORGANIC RECYCLING
PUBLIC WORKS DEPARTMENT Applicability of provisions 9.16.030
See DEPARTMENTAL ORGANIZATION Definitions 9.16.020
Maintenance and collection 9.16.050
PUBLIC WORKS DIRECTOR Purpose of provisions 9.16.010
Storm drainage service charge Site development requirements 9.16.040
collection duties 3.36.080 Solid waste, non-organic, recycling and organic
measurement, analysis methods recycling enclosures 9.16.045
report duties 3.36.060 Violation, penalty 9.16.060
premises inspection authority 3.36.190
RECYCLING, NON-ORGANIC AND ORGANIC
PURCHASING WASTE COLLECTION AND DISPOSAL
See also EQUIPMENT, SURPLUS, SALE See GARBAGE
PUBLIC WORKS CONTRACTS
2015S-49
24A Index
REFUSE REST HOME
See GARBAGE Business license
See also BUSINESS LICENSE
RENTAL DISPUTE MEDIATION fee 5.04.410
Appeal 2.78.080
Enforcement 2.78.090 RETAINING WALL
Purpose of provisions 2.78.010 See EXCAVATION, GRADING, RETAINING
Subpoena WALLS
application
contents 2.78.050 RETIREMENT SYSTEM
procedure 2.78.040 See PERSONNEL
form, serving 2.78.060
issuance REVENUE
authority 2.78.020 See TAX
findings required 2.78.070
restrictions 2.78.030 RIGHT OF ENTRY
See INSPECTION
RESIDENTIAL CODE
Adoption of appendix chapters 16.06.15 ROLLER SKATES
Automatic fire sprinkler systems 16.06.050 Defined 11.08.014
Code adoption 16.06.010 Prohibited where 11.08.270
Footings 16.06.070 Violations, penalties 11.08.280
Intermittent brace wall panel construction
methods 16.06.100 ®-S
Materials and construction methods for
exterior wildfire exposure 16.06.060 SAFETY ASSESSMENT PLACARDS
Roof covering classification 16.06.080 Application of provisions 16.80.020
Seismic reinforcing 16.06.090 Definitions 16.80.030
Intent 16.80.010
RESOLUTION Placards 16.80.040
See also ORDINANCE
Money payment, adoption 2.12.030 SALE OF SURPLUS SUPPLIES, EQUIPMENT
Official forms 2.12.070 See EQUIPMENT, SURPLUS, SALE
RESTAURANT SALES AND USE TAX
Definitions 9.04.010 Administration, state contract 3.08.050
Food, unwholesome, destruction authority 9.04.100 Collection, enjoining prohibited 3.08.160
Meat Exemptions, exclusions 3.08.120
inspection required 9.04.110 Operative date 3.08.030
manufacturing requirements 9.04.120 Purpose 3.08.040
Permit Rate 3.08.020
application, issuance 9.04.030 Sales
denial 9.04.050 place, consummation 3.08.070
tax, imposed 3.08.060
fee 9.04.040 Short title 3.08.010
nontransferable 9.04.070 State code
required 9.04.020 additional permits not required 3.08.110
revocation, suspension 9.04.060 amendments, chapter applicability 3.08.150
Prima facie evidence 9.04.090 limitations 3.08.100
Rules, regulations 9.04.080 provisions adopted 3.08.090
Smoking Use tax, imposed 3.08.080
See SMOKING Violation, penalty 3.08.170
Violation, penalty 9.04.130
2015S-49
Cupertino-Index 24B
SALESPERSON
Business license
See also BUSINESS LICENSE
fee 5.04.290
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
2015S-49
25 Index
SECONDHAND DEALER SHOPPING CENTER
Applicability of provisions 5.40.010 See also TRESPASSING
Definitions 5.40.020 Free speech activity restrictions 10.56.040
Inspection authority 5.40.030
SIDEWALK
SEISMIC SAFETY See STREETS AND SIDEWALKS
See TOXIC GASES
SIGN
SEWER abandoned or discontinued signs 19.104.320
See also SUBDIVISION appeals 19.104.070
See also WATER applicability of regulations 19.104.020
See also WATER POLLUTION beverage container recycling signs 19.104.180
See also PREVENTION changeable copy signs 19.104.180
Abandoned system 15.20.140 construction and maintenance specifications
Appeals, generally 15.20.190 19.104.090
Applicability of provisions 15.20.010 decorative statuary 19.104.180
Alteration, permit required 15.20.070 electronic readerboard signs 19.104.180
Building permit issuance requirements 15.20.100 enforcement of provisions 19.104.300
Definitions 15.20.020 Example of How to Figure Size and Location of
Enforcement authority designated 15.20.170 Ground Signs, Ch. 19.104, Appendix A
Failing system,correction responsibilities 15.20.130 Examples of Well Proportioned Signs; Examples of
Installation, construction, alteration inspections Signs Not Well Proportioned, Ch. 19.104,
15.20.110 Appendix C
state contractor's license required 15.20.090 exception; findings 19.104.290
Liability disclaimer 15.20.160 freeway orientation 19.104.200
New construction, permit required 15.20.060 gasoline station signs 19.104.170
Nuisance declarations 15.20.120 ground signs 19.104.160
Permit required illegal signs
alterations 15.20.070 authority to remove in public right-of-way
new construction 15.20.060 or on public property 19.104.340
septic tanks 15.20.080 court action authorized 19.104.370
Private system requirements 15.20.040 deemed public nuisance 19.104.370
Purpose of provisions 15.20.010 private property 19.104.330
Sanitary sewer, public, required, exceptions public property 19.340.340
15.20.030 responsible party for costs and fees
Septic tank requirements 15.20.080 19.104.360
Soil tests 15.20.050 storage, reclamation and disposal of
State contractor's license required when 15.20.090 19.104.360
Violations summary removal authorized 19.104.350
designated 15.20.180 illumination restrictions 19.104.230
recording notice 15.20.150 inspection requirements 19.104.060
landmark signs 19.104.210; Ch. 19.104,
SHEEP Appendix B
See ANIMAL neon signs, exposed&visible 19.104.180
nonconforming signs 19.104.310
SHERIFF obstructions prohibited 19.104.080
Bingo penalty 19.104.380
inspection 5.32.180 permanent
license applicant investigation 5.32.210 blade signs &logos, symbols or insignias
staff change investigation 5.32.260 19.104.150
Private patrol design criteria 19.104.220
identification card issuance 5.24.130 wall signs 19.104.140
permit application approval 5.24.040 window signs 19.104.150
uniform, equipment approval, inspection
5.24.120
2015S-49
Cupertino -Index 26
permit required 19.104.030 SODA FOUNTAIN
private property, illegal signs 19.104.330 See RESTAURANT
prohibited signs 19.104.110
purpose and intent 19.104.010 SOILS REPORT
responsible party for costs and fees 19.104.360 See BUILDING
sign program; applicability, requirements SUBDIVISION
and findings 19.104.130
sign permit application; review criteria 19.104.050 SOLICITOR
application requirements 19.104.040 See also STREETS, SIDEWALKS
signs exempt from permit requirements 19.104.100 Administrative authority 5.20.100
signs in and near residential districts 19.104.190 Business license
signs in special planning districts 19.104.120 See also BUSINESS LICENSE
storage of removed signs 19.104.360 fee 5.04.290
summary removal authorized 19.104.350 Definitions 5.20.010
temporary Exemptions from provisions 5.20.015
flags 19.104.250 Hours of operation 5.20.090
garage sales 19.104.250 Identification permit
location 19.104.240 denial, appeal 5.20.050
political signs 19.104.250 display on demand 5.20.120
portable signs and displays 19.104.270 issuance 5.20.040
project announcement signs 19.104.260 nontransferable 5.20.110
promotional devices 19.104.270 revocation
real estate signs 19.104.260 appeals 5.20.070
special event banners 19.104.270 grounds 5.20.060
subdivision signs 19.104.250 Posting of premises 5.20.140
window signs 19.104.280 Vehicle requirements 5.20.080 ry
violation deemed infraction 19.104.380 Violation, penalty 5.20.130
SINGLE-USE CARRYOUT BAGS SOLID WASTE
Administrative citation and fine 9.17.150 See GARBAGE
Definitions 9.17.110 RECYCLING AREAS; SOLID WASTE,
Exemptions 9.17.140 NON-ORGANIC RECYCLING
Findings 9.17.100
Implementation date 9.17.120 SPECIFIC PLAN
Purpose 9.17.100 See LAND DEVELOPMENT PLANNING
Severability 9.17.160
Restrictions 9.17.130 SPORTING EVENT
Regulations, permit
SKATEBOARDS See PARADES AND ATHLETIC EVENTS
Defined 11.08.015
Prohibited where 11.08.270 STORM DRAINAGE SERVICE CHARGE
Violations, penalties 11.08.280 Adjustments, conditions 3.36.160
Amount
SMALL-INCOME BUSINESS See Imposed, determination, applicability
Business license Applicability
See also BUSINESS LICENSE See Exemptions
fee 5.04.450 Imposed, determination, applicability
Collection
SMOKING; REGULATION OF See also Disputed charges
Definitions 10.90.010 Payment
Other requirements and prohibitions 10.90.030 balance, procedure 3.36.090
Posting of signs 10.90.040 omitted charges 3.36.100
Smoking prohibited 10.90.020 procedure, regulations generally
Violation-penalty 10.90.050
3:36.080
2015S-49