Ordinance No. 1731
"
ORDINANCE NO.
1731
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING VARIOUS TITLES OF THE
CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF CONFORMING THE
PROVISIONS OF THE CODE TO THE REQUIREMENTS OF ST ATE AND FEDERAL LAW,
CONFORMING THE PROVISIONS OF THE CODE TO BE CONSISTENT WITH PRESENT
CITY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS,
CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLIDATING AND
STREAMLINING VARIOUS PROVISIONS.
THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AND
ENACT THE FOLLOWING:
* Section 3.08.180 is hereby repealed.
Section 3.08.190 is hereby repealed.
Section 3.08.200 is hereby repealed.
* Section 3.22.080 is hereby repealed.
* Section 3.23.180 is hereby repealed.
* Section 3.25.100 is hereby repealed.
* Section 3.32.090 is hereby repealed.
* Section 3.34.240 is hereby repealed.
* Section 3.36.210 is hereby repealed.
* Section 5.20.160 is hereby repealed.
* Section 5.28.230 is hereby repealed.
* Section 5.32.340 is hereby repealed.
Section 5.44.060 is hereby amended to read as follows:
Notwithstanding any other provisions of law, any establishment subject to this chapter
shall abide by the following restrictions. These standards are the minimum state standards
which do not limit local regulation otherwise permitted under Section 23790.5 of the
Business and Professions Code:
Section 5.44.060F is hereby amended to read as follows:
F. Employees on duty between the hours often p.m. and two a.m. who sell beer or wine
shall be at least 21 years of age.
* Section 5.44.080 is hereby repealed.
Chapter 5.44 is hereby renamed Chapter 19.106 Concurrent Sale of Alcoholic Beverages and
Gasoline.
. Section 6.24.340 is hereby repealed.
. Section 6.28.150 is hereby repealed.
. Section 9.06.280 is hereby repealed.
. Section 9.12.134 is hereby repealed.
. Section 9.18.140 is hereby repealed.
. Section 9.20.320 is hereby repealed.
Title 10 is hereby amended to delete Chapter Titles enumerated in the table of contents.
. Section 10.10.040 is hereby repealed.
. Section 10.21.140 is hereby repealed.
. Section 10.24.070 is hereby repealed.
. Section 10.25.100 is hereby repealed.
Chapter 10.26 Editor's Note is hereby repealed.
Section 10.26.090 is hereby amended to read as follows:
There is imposed a service charge upon every owner who reports, causes to be or permits
to be reported a false alarm as defined in this chapter. Said service charge shall be
according to a schedule adopted by the City Finance Officer....
Section 10.26.100 is hereby amended to read as follows:
The City Finance Officer is empowered....
Section 10.26.110 is hereby amended to read as follows:
On or before thirty days following issuance of the notice of assessment described in
Section 10.26.100, the recipient of such notice shall cause to be remitted to the office of
the City Finance Officer....
Section JO.26.120A is hereby amended to read as follows:
A. Hearing Before the City Finance Officer. Any person dissatisfied with the assessment
may file a written request with the City Finance Officer, within ten days from the date
of the notice, for a hearing regarding the investigation and determination of the
assessment,. Upon receipt of a request for a hearing, a hearing shall be scheduled before
the City Finance Officer or his or her designee within fifteen days from receipt of the
request. The City Finance Officer shall cause notice of the hearing date, place and time
to be mailed to the person requesting the hearing. At the hearing, evidence shall be heard
informally and written findings of fact shall be made by the City Finance Officer or his
or her designee. The City Finance Officer shall then notify the person who requested the
hearing of the written findings together with a recommendation that the assessment charge
be set aside or confirmed in whole or in part. In the event that it is recommended that
the assessment charge be confirmed in whole or part, the notice shall request payment
within fifteen days of the date of the notice and shall indicate the existence of an
procedure for appealing the City Finance Officer's recommendation to the City Council.
Section 10.26.120B is hereby amended to read as follows:
B. Hearing Before the City Council. Any person dissatisfied at the City Finance Officer's
recommendation to set aside or confirm the assessment may, within fifteen days from the
date of notification of the City Finance Officer's recommendation, file with the City Clerk
a written request for a hearing before the City Council. A public hearing shall be
scheduled within thirty days of the date of the filing of the request for a City Council
hearing. Notice of the time and place of the hearing shall be given not less than ten days
prior to the hearing to the party requesting the hearing. The City Council shall hold a
hearing and upon consideration of the City Finance Officer's findings, recommendation
and such other evidence as it deems relevant, set aside or confirm the assessment in whole
or in part.
Section 10.26.130 is hereby amended to read as follows:
In the event that any person to whom a notice as described in Section 10.26.100 was
mailed fails to either to remit the full amount of the assessment or to request a hearing
on such matter within the time allowed, the City Finance Officer shall make such findings
and recommendations as is warranted by the evidence.
Section 10.26.150 is hereby amended to read as follows:
In the event that any owner or other person is convicted of intentionally reporting a false
emergency alarm, as prescribed by Penal Code § 148.4, the enforcement officer
designated by the City Finance Officer is authorized to forward to the office of the
District Attorney, Probation Departments, of Court having jurisdiction, a record of
proceedings conducted pursuant to this chapter, including a statement of any delinquent
service charges assessed, for the purpose of obtaining restitution of said amounts to City
as an element of any criminal penalty thereby imposed.
* Section 10.26.160 is hereby repealed.
Chapter 10.28 is hereby repealed.
Section 10.44.030 is hereby amended to read as follows:
10.44.030 Administration by Director of Community Development
There is conferred upon the Director of Community Development those powers and duties
necessary....
Section 1O.44.040A is hereby amended to read as follows:
A. It shall be unlawful for any person to engage in, participate in, aid, form, conduct,
sponsor or start any parade or athletic event, unless and until a permit for such event has
been approved and issued by the Director of Community Development.
Section 1O.44.050A is hereby amended to read as follows:
A. Applications for a permit authorizing an event shall be filed with the Director of
Community Development on forms provided by the City and shall contain all of the
following information:
Section 1O.44.055A is hereby amended to read as follows:
A. Indemnification Requirements. As a condition precedent to the issuance of a permit
authorizing an event, the permittee shall enter into an agreement with the City in a form
approved by the City Attorney which shall set forth the undertaking of the permittee to
indemnify the City, hold the City harmless and reimburse the City from and for any
liability, damage or loss occurring during the course of the event authorized by such
permit where such liability damage or loss is proximately caused by the negligent or
intentional act or omission of the permittee, or any person who is under the permittee's
legal control. Additionally, the agreement shall provide that in the event a claim is made
against the City, arising out of such negligent or intentional act or admission, the
permittee shall defend the city and shall indemnify the City for any judgment rendered
against it or any sums paid out in settlement or otherwise. Such agreement shall be filed
with the
Director of Community Development prior to the issuance of the permit.
Section 10.44.056A is hereby amended to read as follows:
A. Insurance Requirements. As a condition precedent to the issuance of a permit
authorizing an event, the permittee shall obtain public liability insurance from an
insurance company licensed to do business in the State of California and having a
financial rating in Best's Insurance Guide of at least "B." Such insurance shall provide
"occurrence" coverage against liabilities for death, personal injury or property damage
arising out of or in any way connected with the event. Such insurance shall be in the
amount of at least one million dollars, combined single limit, and shall name the City and
the City's officers, employees and agents as additional insured under the coverage
afforded. Also, such insurance shall be primary and noncontributing with respect to any
other insurance available to the City and shall include a severability of interest (cross-
liability) clause. Proof of such insurance, in a form approved by the Director of
Community Development, shall be filed with him or her prior to the issuance of the
permit and such insurance shall be maintained throughout the course of the event
authorized by the permit.
Section 10.44.060 is hereby amended to read as follows:
A. An application for a permit shall be filed with the Director of Community
Development at least fifteen working days prior to the date of the proposed event.
B. Late Applications. The Director of Community Development, where good cause is
shown, shall....
Section 1O.44.075A is hereby amended to read as follows:
A. As a condition precedent to the issuance of a permit authorizing an event, the permittee
shall make a deposit in an amount designated by the Director of Community Development
with the City for.....
Section 10.44.080 is hereby amended to read as follows:
The Director of Community Development shall approve or deny an application permit
within two working days after receipt of the application. If the Director finds that
grounds for denying the permit pursuant to Section 10.44.090 do not exist, he or she shall
approve the application.
Section 10.44.090 is hereby amended to read as follows:
The Director of Community Development shall deny the application for a permit if he or
she finds anyone of the following:...
Section 1O.44.090L is hereby repealed.
Section 10.44.100 is hereby amended to read as follows:
After the Director of Community Development has determined whether an application for
a permit should be approved or denied, he or she shall immediately attempt to notify the
applicant orally and shall immediately notify the applicant and the City Attorney in
writing of the decision. Both the oral and the written notifications shall describe, with
particularity the facts and reasons for any denial. If the application is approved, the
Director shall immediately send a copy of the permit to the following:....
Section 10.44.120 is hereby amended to read as follows:
The Director of Public Works is authorized....
Section 10.44.140 is hereby amended to read as follows:
Any aggrieved person may appeal the Director of Community Development's decision to
the City Council by filing a notice of appeal with the City Clerk within forty-eight hours
of oral or written notification of the Director's decision, whichever occurs firs!....
Section 10.44.150A is hereby amended to read as follows:
A. Mandatory Revocation. The Director of Community Development shall revoke a permit
authorizing an event if he or she finds that there were grounds for denying the permit, as
set forth in Section 10.44.090, which were first disclosed or otherwise made known to the
Director after issuance of the permit and such facts were not discoverable by the exercise
of due diligence by the Director prior to the issuance of the permit.
Section 10.44.150B is hereby amended to read as follows:
B. Discretionary Revocation. The Director of Community Development may revoke a
permit authorizing an event if he or she determines that the event is being conducted in
violation of the terms of the permit or that event participants have violated any applicable
law or regulation; provided that this subsection shall not authorize the revocation of a
permit because of the need to protect participants from the conduct of others unless there
are insufficient resources available to provide necessary police protection; and provided
further that the Director shall not revoke a permit pursuant to this subsection unless and
until he or she advises the permittee or responsible event participants of such violation
and provides a reasonable opportunity to correct such violation.
Section 1O.44.150C is hereby amended to read as follows:
C. Notice of Revocation. When the Director of Community Development finds grounds
to revoke permit prior to the date of the event, he or she shall immediately serve a
written notice of such decision on the permittee and shall provide copies of the notice to
the City Manager, the Mayor, the City Attorney and all other City officers charged with
carrying out any responsibilities under this chapter. However, where the Director of
Community Development learns of the facts justifying revocation within twenty-four
hours of the event, he or she shall announce the decision to revoke the permit at the site
of the event. Thereafter, the Director of Community Development shall deliver written
notice of such action to the permittee, the City Manager, the Mayor and the City
Attorney.
Section 1O.44.150E is hereby amended to read as follows:
E. Content of Notice of Revocation. Any notification of action by the Director of
Community Development taken pursuant to this section, whether oral or written, shall
describe with particularity the facts and reasons for the decision.
Section 10.44.160 is hereby amended to read as follows:
The Director of Community Development shall temporarily suspend an event authorized
by a permit whenever there is a fire or other emergency that requires the event to be
temporarily suspended to protect public safety. When an event is temporarily suspended
pursuant to this section, the Director of Community Development shall notify in writing
the applicant, the City Manager, the Mayor and the City Attorney within twenty-four
hours after the suspension, describing with particularity the facts and the reasons for the
suspension.
Section 10.44.170 is hereby repealed.
Section 10.46.050 is hereby amended to read as follows:
Upon application by any person for an exception either the Director of Community
Development or his designated representative, may authorize conditional exceptions to any
of the requirements and regulations set forth....
Section 10.46.060 is hereby amended to read as follows:
Any person may appeal the decision of the Director of Community Development or his
designated representative.....
. Section 10.46.080 is hereby repealed.
Section 10.46.090 is hereby repealed.
Chapter 10.48 Article titles are hereby repealed.
Section 10.48.063 is hereby repealed.
Chapter 10.52 title "VI. OFFENSES AGAINST PROPERTY" is hereby repealed.
. Section 10.56.060 is hereby repealed.
Chapter 10.68 titles "VII. CONSUMER PROTECTION (RESERVED)" AND "VIII. OFFENSES
BY OR AGAINST MINORS" are hereby repealed.
Section 10.68.040 is hereby repealed.
Chapter 10.70 is hereby repealed.
Chapter 10.76 title "IX. WEAPONS" is hereby repealed.
Section 10.76.020 is hereby amended to read as follows:
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be punished as provided in Chapter 1.12.
Chapter 10.82 is hereby repealed.
Section 11.08.250 DESIGNATION OF BICYCLE LANES is hereby amended to read as follows:
Blaney Avenue From the southerly line of homestead Both
Road to the northerly line of Bollinger
Road all portions currently or hereafter
within the City limits
Bollinger Road From the easterly City limits to the Both
easterly line of Miller Avenue
Bubb Road From the northerly line of Rainbow Drive Both
to the southerly line of Stevens Creek
Boulevard
Homestead Road From the easterly City limit to the Both
westerly City limit all portions currently or
hereafter within the City limits
Kim Street From the southerly line of Kirwin Lane to Both
the northerly line of Bollinger Road
McClellen Road From the easterly line of Byrne A venue to Both
Stelling Road all portions currently or
hereafter within the City limits
Rainbow Drive From the easterly line of Stelling Road to Both
the westerly line of Saratoga-Sunnyvale
Road
Stelling Road From the northerly line of Rainbow Drive Both
to the southerly line of Homestead Road
all portions currently or hereafter within
the City limits
Stevens Creek From the easterly line of De Anza Both
Boulevard Boulevard to the westerly line of Tantau
A venue; From the easterly line of Phar
Lap to the westerly line of Stelling Road
Tantau Road From the northerly line of Stevens Creek Both
Boulevard to the southerly line of
Homestead Road
Mary Avenue Between Stevens Creek boulevard and Both
Meteor Drive
Foothill Boulevard From the southerly line of Freeway 280 to Both
the northerly line of Stevens Creek
Boulevard
Mariani Avenue From the easterly line of De Anza Both
Boulevard to the easterly terminus thereof
Pruneridge Avenue From the easterly line of Wolfe Road to Both
the westerly line of Tantau Avenue
V alco Parkway From the easterly line of Wolfe Road to Both
the westerly line of Tantau Avenue
Section 11.08.260 DESIGNATION OF BICYCLE ROUTES is hereby amended to read as
follows:
Foothill Boulevard Stevens Creek Boulevard to McClellan Road
Stevens Canyon Road McClellan Road to south City limits
Bandley Drive Valley Green Drive to south City limits
Portal Avenue Merritt Drive to Price Avenue
Lubec Street Mary Avenue to Anson Way; Anson Way to Milford
Drive; Milford Drive to Castine Avenue; Castine Avenue
to Greenleaf Drive; Greenleaf Drive to Beardon Drive;
Beardon Drive to Valley Green Drive; Valley Green Drive
to Bandley Drive
Merritt Drive Mariani Avenue to Portal Avenue
Lazaneo Drive Bandley Drive to Forest Avenue
Forest Avenue Lazaneo Drive to Blaney Avenue
Peppertree Lane Stelling Road to Bonny Drive; Bonny Drive to Shelly
Drive; Shelly Drive to Terry Way; Terry Way to
Rodrigues A venue; Rodrigues A venue to Blaney Avenue
Price Avenue Blaney A venue to Portal Avenue
McClellan Road Foothill Boulevard to Byrne Avenue
Erin Way Stelling Road to Kirwin Lane; Kirwin Lane to Kim Street
Bollinger Road Kim Street to De Anza Boulevard
Rainbow Drive Bubb Road to Stelling Road
Section 11.10.016 is hereby amended to read as follows:
Any person who violates any of the provisions of this chapter shall be guilty of an
infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 of
this code.
Table 11.12.030 is hereby amended to read as follows:
BandIey Drive situated between Alves Drive and Valley Green 30
Drive
Bandley Drive situated between Stevens Creek Boulevard and 25
Alves Drive
Blaney Avenue presently or hereafter within the City of 30
Cupertino, and situated between Bollinger Road and Beekman
Place
Blaney Avenue situated between Beekman Place and Homestead 35
Road
Bollinger Road presently or hereafter within the City of 35
Cupertino, and situated between De Anza Boulevard and the
easterly City limits
Bollinger Road west of De Anza Boulevard 30
Bubb Road presently or hereafter within the City of Cupertino, 30
and situated between Rainbow Drive and McClellan Road
Bubb Road situated between McClellan Road and Stevens Creek 35
Boulevard
Cristo Rey Drive within the City limits and between Foothill 30
Boulevard and the west City limits
De Anza Boulevard situated between Bollinger Road and a point 40
700 feet north of Homestead Road
Finch Avenue - Stevens Creek Boulevard to Vallco Parkway 35
Foothill Boulevard presently or hereafter within the City of 30
Cupertino, and situated between McClellan Road and Stevens
Creek Boulevard
Foothill Boulevard presently or hereafter within the City of 40
Cupertino, and situated between Stevens Creek Boulevard and
Junipero Serra Freeway
Homestead Road presently or hereafter within the City of 35
Cupertino, and situated between Foothill Boulevard and a point
850 feet, more or less, east of Tantau Avenue.
Mary Avenue situated between Stevens Creek Boulevard and 35
Meteor Drive
McClellan Road presently or hereafter within the City of 30
Cupertino, and situated between De Anza Boulevard and Bubb
Road
McClellan Road situated between Bubb Road and Foothill 25
Boulevard
Miller Avenue situated between Stevens Creek Boulevard and 35
Bollinger Road
Prospect Road situated between Saratoga-Sunnyvale Road and 30
Stelling Road
Pruneridge Avenue situated between Wolfe Road and a point 350 35
feet, more or less, east of Tantau Avenue
Rainbow Drive situated between Saratoga-Sunnyvale Road and 35
Stelling Road
Rodrigues Avenue from Blaney Avenue to De Anza Boulevard 30
Saratoga-Sunnyvale Road presently or hereafter within the City 40
limits of Cupertino, between Prospect Road and Bollinger Road
Stelling Road presently or hereafter within the City of Cupertino, 30
and situated between Homestead Road and Alves Drive
Stelling Road presently or hereafter within the City of Cupertino, 35
and situated between Alves and Prospect Road
Stevens Canyon Road presently or hereafter within the City of 30
Cupertino, situated between the southerly City limits and
McClellan Road
Stevens Creek Boulevard presently or hereafter within the City of 35
Cupertino and situated between the westerly City limits and the
easterly City limits
Tantau Avenue situated between Stevens Creek Boulevard and 35
Homestead Road
ValIco Parkway situated between Wolfe Road and Tantau Avenue 35
Wolfe Road situated between Stevens Creek Boulevard and 35
Homestead Road
Chapter 11.16 is hereby repealed.
Section 11.20.040 is hereby repealed.
Section 11.27.010 is hereby amended to read as follows:
Under the provisions of Section 22507 of the Vehicle code, the City Council does ordain
that a preferential parking zone be established in Cupertino in which parking will be
prohibited as established by ordinance of the City Council. Exemptions from such
prohibition, when not otherwise indicated, will be by securing and displaying in a vehicle
a type of parking permit described in this chapter.
There is hereby added to the Municipal Code of Cupertino Section 11.27.145 which is to read
as follows:
11.27.145 Designation of preferential parking zones.
The following street areas are designated as preferential parking zones under the
ordinance:
STREET LIMITS SPECIAL HOURS Effective
Ann Arbor Court Lauretta Dr to Christensen Daily 7:00 AM-IO:OO PM 6/20/92
August Lane All M-F 9:00 AM-5:00 PM 1/20/87
Barbara Lane East side M-F 8:00 AM-7:30 PM 9/20/82
Bilich Place Wheaton to termination thereof Tu-Sa 6:00 PM-2:00 AM 6/16/84
Bonny Drive Sola to Scofield M-F 8:00 AM-7:30 PM 9/20/82
Byrne Av McClellan to 200 Ft north M-F 8:00 AM-4:00 PM 3/7/88
Cedar Tree Lane Blaney to Orange Tree Lane Daily 6/17/91
Cedar Tree Court Cedar Tree Ln to end of CuI de sac Daily 6/17/91
Christensen Drive All Daily 7:00 AM-lO:OO PM 9/18/89
Clearwood Court All F-Sun 6:00 PM-2:00 AM 10/6/86
Dolores Av Orange Av to 220 Ft west M-F 8:00 AM-4:00 PM 8/15/88
Fenway Court All Daily 7:00 AM-IO:OO PM 9/18/89
Fort Baker Drive Presidio to Hyannisport M-F 8:00 AM-3:30 PM 11/1/82
Hyannisport Drive No. side Ft Baker to 200 ft west M-F 8:00 AM-3:30 PM
Lily Av All M-F 8:00 AM-7:30 PM 9/20/82
Lily Court All M-F 8:00 AM-7:30 PM 9/20/82
Merritt Drive Blaney to 100 ft east of Baywood Ct Daily 6/17/91
9/3/91
New Haven Drive All M-F 8:00 AM-3:30 PM 8/7/89
Noonan Court All M-F 8:00 AM-4:00 PM 6/6/87
Old Town Court All M-F 8:00 AM-3:30 PM 11/1/82
Orange Av East side McClellan to Noonan Ct M-F 8:00 AM-4:00 PM
Orange Ave West side McClellan to Dolores M-F 8:00 AM-4:00 PM 8/15/88
Orange Tree Lane Cedar Tree Lane south 200 ft Daily 6/17/91
Peppertree Lane All M-F 8:00 AM-7:30 PM 9/20/82
Rescinded Phar Lap Stevens Creek Bl to
Clearcreek Ct
Phar Lap Drive Stevens Creek Bl to
Oakdell Place
Ft Baker to New Haven
Providence Ct to New
Haven Ct M-F 8:00 AM-3:30 PM
100 ft East of New Haven Ct to
100 ft west of New Haven Ct M-F 8:00 AM-3:30 PM
Rose Blossom McClellan to Lily Wy M-F 8:00 AM-7:30 PM
Santa Lucia Road Stevens Cyn to Merriman Rd Daily
Scofield Drive Barbara to Western M-F 8:00 AM-7:30 PM
September Court All M-F 9:00 AM-5:00 PM
September Drive McClellan to 200 ft south of
August Ln
Bonny to Westacres
East 425 ft south of
McClellan to Erin Way Daily
Stevens Canyon Rd West side Santa Lucia north
200 ft Daily
Wheaton Drive Myer PI to Riedel PI Tu-Sa 6:00 PM-2:00 AM
Wilkinson Ave Hyannisport to Columbus M-F 8:00 AM-3:30 PM
F-Su 6:00 PM-2:00 AM
Presidio Drive
Presidio Drive
F-Su 6:00 PM-2:00 AM
M-F 8:00 AM-3:30 PM
Presidio Drive
Shelly Drive
Stelling Road
M-F 9:00 AM-5:00 PM
M-F 8:00 AM-7:30 PM
* Section 1l.29.060 is hereby repealed.
Section 11.32.090 is hereby amended to read as follows:
9/21/87
1/21/92
10/6/86
11/1/82
8/7/89
8/7/89
9/20/82
3/4/91
9/20/82
1/20/87
1/20/87
9/20/82
12/7/92
3/4/91
6/16/84
6/5/94
Any person, firm, or corporation violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as
provided in Chapter 1.12 of this code.
* Section 11.37.080 is hereby repealed.
Chapter 11.38 is hereby repealed.
Section 14.05.070 is hereby amended to read as follows:
14.05.070 Determination of fee.
When a fee is required to be paid under the provisions of this chapter, the amount of the
fee shall be determined by the Director of Public Works, pursuant to section 14.05.060.
The "value per acre" portion of the fee shall be based upon the fair market value of the
subject property determined by reference to comparable land within the general subject
property. As used herein, the term "comparable" means land of similar size and
development potential as the subject property. The date of the valuation of the property
shall be the date that the owner of the subject property or his agent submits an application
for issuance of a building permit, use permit or architectural and site approval, whichever
event occurs first.
If the owner objects to the fair market value determination made by the Director of Public
Works, he or she may, at his or her own expense, obtain an appraisal of the property by
a qualified real estate appraiser approved by the City, which appraisal of fair market value
may be accepted by the City Council, if found reasonable. Alternatively, the City and the
owner may agree as to the fair market value without reference to a formal appraisal.
* Section 14.05.130 is hereby repealed.
Section 14.05.140 is hereby repealed.
Section 14.12.010 is hereby amended to read as follows:
It is for the best interests of the City and of the citizens and public thereof that a
comprehensive plan for the purchase, planting and maintenance of trees in or which may
overhang public streets within the City should be developed and established; and that this
chapter is adopted, therefore, for the purpose of developing and providing for such a plan
and program, and for establishing rules and regulations relating to the planting, care and
maintenance of such trees; for the purpose of providing for the continued maintenance of
the trees until such maintenance is relinquished to the person having control of the
abutting property; and to provide for the funds to implement this purpose by establishing
a requirement for the payment of a fee as a condition to the issuance of a building permit,
when applicable.
There is hereby added to the Municipal Code of Cupertino Section 14.12.035 (formerly
14.16.020) which is to read as follows:
14.12.035 Compliance required
No trees or shrubs shall be planted in any public area, as defined in this chapter, without
first securing permission from the City Manager and thereafter complying with all
provisions of Sections 14.12.010 through 14.12.130 applicable thereto and the rules and
regulations of the City Manager.
There is hereby added to the Municipal Code of Cupertino Section 14.12.055 which is to read
as follows:
14.12.055 Tree Maintenance
The City of Cupertino and its residents share in the care and maintenance of street trees.
A. Property owners are responsible for watering trees in the right-of-way in front of their
homes.
B. Property owners are responsible for notifying the City of hazardous or damaged trees
in the right-of-way in front of their homes.
There is hereby added to the Municipal Code of Cupertino Section 14.12.085 (formerly
14.16.030) which is to read as follows:
14.12.085 Removal notice.
No person shall remove any tree or shrub from a public area without first obtaining a
permit in writing from the City Manager; provided, however, that a property owner shall
remove a tree or shrub from the planting area fronting his property when directed to do
so by the City Manager by notice in writing, signed by the City Manager, whenever such
tree or shrub is dead or dying or when, in the opinion of the City Manager, the continued
existence of such tree or shrub creates a dangerous or defective condition upon public
property.
There is hereby added to the Municipal Code of Cupertino Section 14.12.090 (formerly
14.16.040) which is to read as follows:
14.12.090 Replacement tree - Deposit
The City Manager may as a condition of granting a permit for removal of a tree or shrub
require the permittee to replant or replace a tree or shrub in the planting area; that upon
making such application, the permittee shall deposit with the City Manager the sum of
twenty-five dollars to secure replacement by an approved tree.
Should replacement not be made in one month, the deposit shall be forfeited and the City
shall use the deposit to mae a proper replacement without further notice to the permittee.
Section 14.12.090 is hereby amended to become Section 14.12.095.
There is hereby added to the Municipal Code of Cupertino Section 14.12.110 (formerly
14.16.090) which is to read as follows:
14.12.110 Condition for building permit.
Every person who constructs, remodels or alters any dwelling, commercial or industrial
property, or who constructs on any unimproved land or property abutting a public street
where approved trees from the master tree list do not exist shall pay the required fee for
the purchase, planting and maintenance of the trees by the City, until responsibility for
such maintenance is relinquished to that person having control of the property, prior to
the issuance of a building permit.
There is hereby added to the Municipal Code of Cupertino Section 14.12.120 (formerly
14.16.100) which is to read as follows:
14.12.120 Fee
The required fee for the City to purchase, plant and maintain street trees shall be fifteen
dollars per tree which shall be collected by the Chief Building Inspector for deposit into
the City's general fund prior to the issuance of a building permit.
Section 14.12.110 is hereby amended to become Section 14.12.130.
Section 14.12.120 is hereby amended to become Section 14.12.140.
Section 14.12.140 is hereby amended to read as follows:
Any person violating Sections 14.12.085, 14.12.090 or otherwise removing, or wilfully
damaging or destroying any tree or shrub in any public right-of-way without obtaining the
permits provided for in this chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12.
Any person who violates any other provision of this chapter shall be guilty of an
infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.
* Section 14.15.080 is hereby repealed.
Chapter 14.16 is hereby repealed.
Section 14.18.230B is hereby repealed.
Section 14.18.230C is hereby repealed.
* Section 14.18.240 is hereby repealed.
* Section 15.20.101 is hereby repealed.
* Section is hereby repealed.
* Section 16.04.160 is hereby repealed.
* Section 16.08.030 is hereby repealed.
* Section 16.24.050 is hereby repealed.
* Section 16.28.080 is hereby repealed.
* Section 16.32.090 is hereby repealed.
* Section 17.56 is hereby repealed.
* Section 19.40.150 is hereby repealed.
Section 19.52.060C is hereby amended to read as follows:
Those units target for very low-income households shall be affordable at a rent that does
not exceed twenty-five percent of the HUD income limits for very low-income
households for Santa Clara County adjusted for household size.
* Section 19.81.070 is hereby repealed.
* Section 19.82.080 is hereby repealed.
* Section 19.116.350 is hereby repealed.
* Section 20.02.030 is hereby repealed.
* Section 20.04.070 is hereby repealed.
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. Severability clause.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
~ day of Augus t , 1996, and ENACTED at a regular meeting of the City Council
of the City of Cupertino this ~ day of September, 1996, by the following vote:
~
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Burnett
None
Sorensen
None
ATTEST:
APPROVED:
~~
City Clerk -
~Ii~
Mayor, City of Cupertino