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2016 S-58 Supplement
CUPERTINO, CALIFORNIA Instruction Sheet 2016 S-58 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 1: GENERAL PROVISIONS 12A through 12D 12A through 12D 1, 2 TITLE 3: REVENUE AND FINANCE 1, 2 39 through 44 TITLE 11 : VEHICLES AND TRAFFIC 23, 24 4 7 through 50 5 through 20 21, 22 27 through 32 63 , 64 73, 74 105 through 108B 161 , 162 173 , 174 207 through 210 213 through 218 TITLE 19 : ZONING 23 , 24 47 through 50 5 through 20 21, 22 27 through 32 63, 64 73 , 74 105 through 108D 161, 162 173, 174 207 through 210 213 through 218 COMPREHENSIVE ORDINANCE LIST 25, 26 29, 30 33 through 38 41 through 44 1 25, 26 29, 30 33 through 38 41 through 44 2 kgw 10/16 Cupertino, California -Instruction Sheet REMOVE OLD PAGES 3,4 16A through 18 25, 26 37 through 40 INDEX INSERT NEW PAGES 3,4 16A through 18 25, 26 37 through 40 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2016 S-58 Supplement contains: Local legislation current through Ordinance 16-2152 , passed 9-20-2016 / COPYRIGHT © 2016 AMERICAN LEGAL PUBLISHING CORPORATION 1.10.010 CHAPTER 1.10: ADMINISTRATIVE CITATION S, FINES, AND PENALTIES Section 1. 10.010 Applicability . 1. 10. 020 Definitions. 1.10 .030 Administrative citation. 1.10 .040 Service of administrative citation. 1.10 .050 Time period within which to correct or remedy violations. 1.10.055 Recording of notice of violation. 1. 10.060 Administrative citation fines. 1. 10.070 Appeal of an administrative citation. 1. 10 . 080 Advance deposit hardship waiver . 1. 10.090 Failure to timely appeal administrative citation. 1.10 .100 Hearing on administrative citation before hearing officer. 1.10 .110 Hearing officer's decision on administrative citation. 1.10.120 Right to judicial review of hearing officer's decision . 1. 10. 130 Administrative penalty hearing before the City Council. 1 .10 .140 Administrative penalties imposed by Council. 1. 10. 150 Payment of fine and penalty amounts. 1.10.160 Notices . 1.10 .170 Lien procedure. 1.10.010 Applicability. This chapter provides for administrative citations, fines and penalties which are in addition to all other civil legal remedies and which are alternatives to any criminal legal remedies that may be pursued by the City of Cupertino to address any violation of this municipal code and/or applicable statute, rule, code or regulation except for violations of municipal code Chapters 11 . 24, 11. 26 and 11.27 and Section 11.28.030(A) and (B) pertaining to vehicles and traffic. Whenever an enforcement officer determines that a violation of the municipal code and /or applicable statute, rule, code or regulation has occurred or that a violation exists which is deemed to constitute a violation of the municipal code and/or applicable statute, rule, code or regulation, the enforcement officer may issue an administrative citation and assess an administrative fine 2016 S-58 12A to any party responsible for the violation or recommend the imposition of an administrative penalty. The provisions of this chapter are alternatives to other enforcement remedies contained in this municipal code. (Ord. 09-2048, (part), 2009) 1.10.020 Definitions. For purpose of this chapter, the following definitions shall apply : 1. "Business day" means a day on which the main operations of the City of Cupertino are open for business and does not mean any day on which only specialized functions are in operation, such as divisions of the city or its agents that operate on a 24/7 schedule. 2. "Enforcement officer" means any city employee or employee of a contracting agency or any agent of the city with the authority to enforce any provision of this municipal code, including, but not limited to, the City Manager, City Attorney , Director of Administrative Services, Director of Community Development, Director of Parks and Recreation, Director of Public Works and any Sheriff, Animal Control Officer or Code Enforcement Officer. 3. "Hearing officer" means any person designated by the city manager to hear appeals of administrative citations . The hearing officer shall not be any enforcement officer or supervisor. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer. 4. "Responsible person" means any person who is in immediate control of the premises or activity which constitutes a violation of this municipal code and /or applicable statute, rule, code or regulation, the business owner, the property owner, and any person engaging in prohibited conduct. (Ord . 09-2048 , (part), 2009) 1.10.030 Administrative Citation. A. Whenever an enforcement officer charged with the enforcement of this municipal code and/or applicable statute, rule, code or regulation determines that a violation of any provision of this municipal code and/or applicable 1.10.030 Cupertino -General Provisions 12B statute, rule, code or regulation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any responsible person . B. Each administrative citation shall contain the following information: 1. Name of responsible person(s) 2. The date(s) of the violation; 3 . The address or a definitive description of the location where the violation occurred; 4. The section of the municipal code and /or applicable statute, rule, code or regulation violated and a description of the violation; 5 . A prohibition of the continuation or repeated occurrence of the municipal code and/or applicable statute, rule, code or regulation violation described in the administrative citation; 6 . A description of the potential consequences should the violator continue or repeat the violation; 7. The amount of the fine for the municipal code and/or applicable statute, rule, code or regulation violation; 8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid and the process by which the city may collect any unpaid amounts owed; 9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and how to obtain a form to contest the administrative citation; and 10. The name and signature of the citing enforcement officer. C. An administrative citation may be in letter form or any other form which adequately conveys the information set forth above. (Ord. 09-2048, (part), 2009) 1.10.040 Service of Administrative Citation. A. An administrative citation may be served in any of the following ways: 1. By personal delivery to the violator; or 2. If the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business , the citation may be served by causing a copy of the citation to be sent by certified mail, postage prepaid, return receipt requested to the address shown on any permit or license issued by the city to the business; or 3. By causing a copy of the citation to be sent by certified mail, postage prepaid, return receipt requested , to an address otherwise known to the enforcement officer. B. Where personal delivery or service by mail upon a property owner cannot be made despite a diligent effort, a copy of the citation shall be conspicuously posted at the subject property. C. Service of a citation which is personally served shall be deemed completed at the time of such personal 2016 S-58 service. Service of a citation which is served by mail is deemed completed on the date the document is deposited in the mail. Service of a citation which is served by posting is completed at the time of posting. D. The failure of any person to receive a copy of an administrative citation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the citation and retained by the enforcement officer . A copy of any posted notice shall be kept along with a certificate of posting containing the date, time, and identification of the individual performing the posting. (Ord. 09-2048, (part), 2009) 1.10.050 Time Period Within Which to Correct or Remedy Violations. The enforcement officer may immediately issue an administrative citation for a violation of the Municipal Code and/or applicable statute, rule, code or regulation. The enforcement officer has the option of stating a time period within which to correct or remedy the violation as follows: A. Any responsible person to whom an administrative citation has been issued for violations that create an immediate danger to health or safety shall be provided a reasonable amount of time, in which to correct or otherwise remedy the violation, taking into consideration the specifics of the situation. B. Any responsible person to whom an administrative citation has been issued for violations pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, shall be provided a reasonable amount of time, but not less than fifteen (15) calendar days in which to correct or otherwise remedy the violation. C. The enforcement officer may extend the time in which to correct or otherwise remedy a violation upon a showing that the recipient of the administrative citation requires additional time to complete repairs or upon a showing that the recipient of the administrative citation is awaiting issuance of a permit, provided such person offers proof that he or she has commenced taking action to correct or otherwise remedy the violation and/or that a proper application for such permit has been made. (Ord. 09-2048, (part), 2009) 1.10.055 Recording Notice of Violation. If the enforcement officer has determined that a violation of the provisions of this Code exist, he or she may also provide a notice of intent to record a notice of code violation to the owner of the property upon which the violation is located. The notice of intent to record shall be provided in the same manner as is required for an administrative citation, and may be appealed in the same manner as an administrative citation. If there is no timely ) 12C Administrative Citations, Fines, and Penalties 1.10.055 appeal, or at the conclusion of any appeal, should the City prevail, and the violation continues to exist, the enforcement officer may record a notice of violation in the office of the County Recorder. (Ord. 16-2149, § 2, 2016) 1.10.060 Administrative Citation Fines. A. Any party to whom an administrative citation is issued shall be responsible for payment of a fine for violating the municipal code and /or applicable statute, rule, code or regulation as specified in this section. The fine is separate from the amount of any administrative penalty. B. The fine assessed in conjunction with the issuance of an administrative citation shall be in accord with California Government Code Section 53069.4 and is set as follows: 1. First citation -$100. 2. Second citation for the same violation within the same twelve month period -$200. 3. Third or any subsequent citation for the same violation within the same twelve month period -$500. C. If the maximum amounts allowed to be charged in the California Government Code decrease, then that decrease shall become effective with regard to this chapter. (Ord. 09-2048, (part), 2009) 1.10.070 Appeal of an Administrative Citation. A. Any recipient of an administrative citation may, within ten business days from the date that service of the administrative citation was completed, contest that there was a violation or that he or she is the party responsible for committing the violation by filing an appeal with the city clerk for the matter to be heard by a hearing officer. Any appeal not timely filed shall be rejected . B. All appeals from any administrative citation shall be in writing and shall contain the following information: 1. Name(s) of each appellant; 2. A copy of the administrative citation or the reference number of the administrative citation; 3. A brief statement in ordinary and concise language of the specific items protested , together with any material facts claimed to support the contentions of the appellant; 4. A brief statement in ordinary and concise language of the relief sought and the reasons why the administrative citation should be rescinded, modified or otherwise set aside ; and 5. The signatures of all parties named as appellants and their mailing addresses. C. Any recipient of an administrative citation contesting the citation must submit to the City Clerk an advance deposit of the total fine amount or an advance deposit hardship waiver application form as described in 2016 S-58 Section 1.10 .080 . Any appeal of the administrative citation filed without payment of the advance deposit or submittal of the advance deposit waiver application shall be deemed incomplete. D . The person requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing. E. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration , then a copy of this report also shall be served on the person requesting the hearing at least five business days prior to the date of the hearing. F . Enforcement of any administrative citation shall be stayed during the pendency of an appeal which is properly and timely filed. (Ord. 09-2048, (part), 2009) 1.10.080 Advance Deposit Hardship Waiver. A. Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the fine as required in Section 1. 10. 070, may file a request for an advance deposit hardship waiver which shall include a sworn affidavit as described in subsection ( c) below. B. The request shall be filed on an advance deposit hardship waiver application form, available from the city clerk's office, in conjunction with submitting the appeal. C . The city may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the city a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the city manager or designee the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing. In determining the cited party's financial ability or inability to deposit the full amount of the fine in advance, the city manager or designee shall consider the amount of the fine imposed, the income of the cited party , the expenses of the cited party, and any other factors that are reasonably related to the cited party's ability to deposit the full amount. D . The requirement of depositing the full amount of the fine as described in Section 1.10.070 shall be stayed unless or until the city makes a full determination not to issue the advance deposit hardship waiver. The city must make its determination within a reasonable period of time , taking into account the complexity of the data pertinent to the application. E . If the city makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for the denial shall be issued. The written determination to deny the waiver shall be final. 1.10.080 Cupertino -General Pro visions 12D F. The written determination of the city's denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver . (Ord . 09- 2048, (part), 2009) 1.10.090 Failure to Timely Appeal Administrative Citation. Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an appeal hearing. The determination that the viol ation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 1. 10.040 . (Ord . 09-2048 , (part), 2009) 1.10.100 Hearing on Administrative Citation Before Hearing Officer. A. A hearing before the hearing officer shall be set for a date that is not less than 15 business days and not more than 60 calendar days from the date that a notice of hearing was issued , unless the enforcement officer determines that the matter is urgent and needs to be heard sooner or that good cause exists for an extension of time . B. No hearing to contest an administrative citation shall be held unless the fine set forth in Section 1. 10 . 060 has been deposited in advance or an advance deposit hardship waiver application has been filed with and accepted by the city pursuant to Section 1.10. 080. C . The hearing serves to provide the full opportunity of a person subject to an administrative citation to object to the determination that a violation has occurred and/or that the violation has continued to exist. D. The hearing officer shall consider any written or oral evidence submitted that is relevant to the matter. Formal rules of evidence do not apply. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the resp ective facts contained in those documents . All hearings shall be open and public . E . The failure of an y person subject to or the recipient of any adminis trati ve citation to appear at the hearing shall constitute a failure to exhaust administrative remedies . F . The hearing officer may continue the hearing and request additional information from the enforcement officer or the person(s) accused of a violation prior to issuing a written decision . (Ord . 09-2048 , (part), 2009) 1.10.110 Hearing Officer's Decision on Administrative Citation. A . Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue a determination, a copy of which shall be provided to both the responsible party and the enforcement officer . 2016 S-58 B. If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified, the hearing officer sh all is sue a finding of those facts . If the hearing officer determines that an administrative citation should be cancelled, the city shall promptly refund the amount of the fine. If the hearing officer upholds the violation, the city shall retain any fines paid or shall be entitled to collect and fines owing but unpaid. (Ord. 09-2048, (part), 2009) 1.10 .120 Right to Judicial Review of Hearing Officer's Decision. Any person aggrieved by the decision by the hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4 . (Ord. 09-2048, (part), 2009) 1.10.130 Administrative Penalty Hearing Before the City Council . A . In any instance where staff deems it appropriate to recommend the imposition of an administrative penalty due to the egregious nature of a violation of the municipal code and /or applicable statute , rule , code or regulation or the repeated failure to correct a violation of the municipal code and/or applicable statute, rule, code or regulation , the matter may be brought forward to the City Council for a hearing. If the City Council finds by a preponderance of the evidence that a violation has occurred and that the situation warrants the imposition of an administrative penalty , the City Council may issue an order that imposes any or all of the following : 1. A directive to cease and desist from committing the violation; 2. A directive to correct the violation , including a schedule for correction where appropriate ; 3. Administrative penalties based upon the administrative penalty set pursuant to Section 1.10 .140; 4 . Administrative costs ; and 5 . Interest imposed at the le gal rate. B. The order shall state th at failure to comply with its provisions may result in the city proceeding with an abatement consistent with the provisions of Chapter 1. 09 and charging the cost of abatement plus all administrative costs to the property owner , and may further result in the city collecting the monies due as a personal obligation of the responsible party or by recordation of a lien against th e subject real property . Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs ) Chapter 2016 S-58 TITLE 3: REVENUE AND FINANCE 3.04 Documentary Stamp Tax 3.08 Sales and Use Tax 3.12 Transient Occupancy Tax 3.22 Purchase of Supplies, Materials, Equipment and Services 3.23 Public Works Contract and Bidding Procedures 3.25 Sale of Surplus Supplies and Equipment 3.32 Construction Tax 3.34 Utility Users Excise Tax 3.35 Telecommunication Users' Tax 3.36 Storm Drainage Service Charge 3.37 Minimum Wage Cupertino -Revenue and Finance 2 ) 3.37.010 CHAPTER 3.37: MINIMUM WAGE Section 3 .37.010 Title. 3 .37 .020 Authority. 3 .37 .030 Definitions. 3.37.040 Minimum wage. 3.37.050 Waiver through collective bargaining. 3.37.060 Notice, posting and payro ll records . 3 .37 .070 Retaliation prohibited. 3 . 37. 080 Implementation . 3. 3 7. 090 Enforcement. 3. 37 .100 Relationship to other requirements. 3. 37 .1 10 Application of minimum wage to welfare- to-work programs. 3 .37.120 Fees . 3.37.130 CEQA exemption . 3 . 3 7. 140 Constitutionality; severability. 3.37.010 Title. This chapter shall be known as the "Minimum Wage Ordinance ." (Ord. 16-2151, (part), 2016) 3.37.020 Authority. This chapter is adopted pursuant to the powers vested in the City of Cupertino under the laws and Constitution of the state of California, including, but not limited to, the police powers vested in the City pursuant to Article XI , Section 7 of the California Constitution and Section 1205(b) of the California Labor Code. (Ord . 16-2151, (part), 2016) 3.37.030 Definitions. The following words and phrases, whenever used in the chapter, shal l be construed as defined in this section: (a) "City" shall mean the City of Cupertino, California or any agency designated by the City to administer the terms of this chapter. (b) "Employee" shall mean any person who: 1. In a calendar week performs at least two (2) hours of work for an employer as defined below ; and 2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California Minimum Wage Law, as provided under Sec . 1197 of the California Labor Code and wage orders published by the 2016 S-58 39 California Industrial Welfare Commission, or is a participant in a welfare-to-work Program . (c) "Employer" shall mean any person , including corporate officers or executives, as defined in Sec. 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency or similar entity, employs or exercises control over the wages, hours or wo rking conditions of any employee and who is either subject to the City's business license requirements or maintains a business facility in the city . (d) "Governmental agencies" shall include federal agencies, state agencies, school districts and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901. "Governmental agency" does not include the City of Cupertino. (e) "Minimum wage" shall have the meaning set forth in Section 3 .37.040 of this chapter. (f) "Welfare-to-Work Program " shall mean the CalWORKS Program, County Adult Assistance Program (CAAP) which includes the Personal Assisted Employment Services (P AES) Program, and General Assistance Program, and any successor programs that are substantially similar to them . (Ord. 16-2151, (part), 2016) 3.37.040 Minimum wage. (a) Employers shall pay employees no less than the mlilllilum wage set forth in this section for each hour worked within the geographic boundaries of the City of Cupertino. Go vernmental agencies are exempt from the minimum wage requirements under the principle of governmental immunity when the wo rk performed is rel ated to the agency's governmental function . (b) Effective January 1, 2017, the Minimum Wage shall be an hourly rate of twelve dollars ($12 .00). On January 1, 2018, the minimum wage shall be an hourly rate of thirteen dollars and fifty cents ($13 . 50). On January 1, 2019, the minimum wage shall be an hourly rate of fifteen dollars ($15 .00), except when these scheduled increases are temporarily suspended under subdivision (t). To prevent inflation from eroding its value, beginning on January 1, 2020, and each January 1st thereafter, the Minimum Wage 3.37.040 Cupertino -Revenue and Finance 40 shall increase by an amount corresponding to the increase, if any, in the cost of living, not to exceed 5 % . The prior year's increase in the cost of living shall be measured by the percentage increase , if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose , CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency , with the amount of the Minimum Wage increase rounded to the nearest multiple of five ($.05) cents. If there is no net increase in the cost of living, the minimum wage shall remain unchanged for that year . The adjusted Minimum Wage shall be announced by October 1st of each year, or as soon as practicable thereafter if the Consumer Price Index for August has not yet been published, and shall become effective as the new Minimum Wage on January 1st of the following year. (c) Commissions or guaranteed gratuities, not including discretionary tips, may be counted toward payment of the minimum wage when the commissions or guaranteed gratuities are earned and paid together with other compensation paid to an employee and are equal to or greater than the current minimum wage. For each pay period, employers shall pay the employee an amount that equals or exceeds the current hourly minimum wage. (d) The employer may offset a portion of the minimum wage for housing and meal costs only if the offsets are the same as those available under the California Minimum Wage Law. The offsets shall only be recognized if there is a prior voluntary agreement between the employer and the employee. (e) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages are paid in full . (f) On or before September 1, 2017, and on or before every September 1 thereafter until the minimum wage is fifteen dollars ($15. 00) per hour, to ensure that economic conditions can support a minimum wage increase, the City Manager or designee shall annually make a determination and certify to the City Council whether each condition below is met: (A) Total nonfarm employment for California, seasonally adjusted, decreased over the three-month period from April to June, inclusive, prior to the September 1 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in March, as reported by the Employment Development Department. 2016 S-58 (B) Total nonfarm employment for California, seasonally adjusted , decreased over the six-month period from January to June, inclusive, prior to the September 1 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in December, as reported by the Employment Development Department. (C) California state retail sales and use tax cash receipts from a 3. 9375-percent tax rate for the July 1 to June 30, inclusive, period ending one month prior to the September 1 determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending 14 months prior to the September 1 determination . The calculation for the condition specified in this subparagraph shall be made by the City Manager or designee using data posted online by the State Board of Equalization, following the procedure specified in paragraph (1) of subdivision (c) of Section 1182 .12 of the California Labor Code as follows: (i) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the total retail sales (sales before adjustments) for the prior month derived from their daily retail sales and use tax reports . (ii) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the monthly factor required to convert the prior month's retail sales and use tax total from all tax rates to a retail sales and use tax total from a 3.9375-percent tax rate . (iii) The Department of Finance shall multiply the monthly total from clause (i) by the monthly factor from clause (ii) for each month. (iv) The Department of Finance shall sum the monthly totals calculated in clause (iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the comparison in this subparagraph. (g) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (f) is met, and if the condition in subparagraph (C) of paragraph (f) is met, the City Council may, on or before October 1 of that year, make a determination to temporaril y suspend the minimum wage increase scheduled for the following year. (h) If the City Council makes a determination to temporarily suspend the scheduled minimum wage increases for the following year, all dates specified in paragraph (b) that are subsequent to the October 1 determination date shall be postponed by an additional year . (Ord. 16-2151, (part), 2016) 3.37.050 Waiver through collective bargaining. All or any portion of the applicable requirements of this Chapter shall not apply to Employees covered by a bona ) 41 Minimum Wage 3.37.050 fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms . (Ord. 16 -2151, (part), 2016) 3.37.060 Notice, posting and payroll records. (a) By November 1st or as soon as practicable thereafter of each year, the City shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year, which shall take effect on January 1st. In conjunction with this bulletin, the City shall by November 1st, or as soon as practicable thereafter of each year, publish and make available to employers, in the top three languages spoken in the city based on the latest available census information for the city, a notice suitable for posting by employers in the workplace . informing employees of the current minimum wage rate and of their rights under this chapter . (b) Every employer shall post in a conspicuous place at any workplace or job site where any employee works the notice published each year by the City informing employees of the current minimum wage rate and of their rights under this chapter. Every employer shall post such notices in the top three languages spoken in the city based on the latest available census information for the city at the workplace or job site. Every employer shall also provide each employee at the time of hire with the employer's name, address, and tel ephone number in writing. ( c) Employers shall retain payroll records pertaining to employees for a period of four years, and shall allow the City access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the City reasonable access to such records, the employee's account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise. (Ord. 16-2151, (part), 2016) 3.37 .070 Retaliation prohibited. (a) It is unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this chapter. Rights protected under this chapter include, but are not limited to: the right to file a complaint or inform any person about any party's alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this chapter and to assist him or her in asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this chapter. 2016 S-58 (b) Taking adverse action against a person within ninety (90) days of the person 's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights . (Ord. 16-2151, (part), 2016) 3.37.080 Implementation. (a) Guidelines. The City shall be authorized to coordinate implementation and enforcement of this chapter and may promulgate appropriate guidelines or rules for such purposes. Any guidelines or rules promulgated by the City shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter . Any guidelines or rules may establish procedures for ensuring fair, efficient and cost effective implementation of this chapter, including supplementary procedures for helping to inform employees of their rights under this chapter, for monitoring employer compliance with this chapter, and for providing administrative hearings to determine whether an employer or other person has violated the requirements of this chapter. (b) Reporting Violations. An employee or any other person may report to the City in writing any suspected violation of this chapter. The City shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation . Provided, however, that with the authorization of such person, the City may disclose his or her name and identifying information as necessary to enforce this chapter or other employee protection laws. In order to further encourage reporting by employees, if the City notifies an employer that the City is investigating a complaint, the City shall require the employer to post or otherwise notify its employees that the City is conducting an investigation, using a form provided by the City. (c) Investigation . The City shall be responsible for investigating any possible violations of this chapter by an employer or other person. The City shall have the authority to inspect workplaces, interview persons and request the City Attorney to subpoena books, papers, records, or other items relevant to the enforcement of this chapter . (d) Informal Resolution. The City shall make every effort to resolve complaints informally , in a timely manner , and shall take no more than one year to resolve any matter, before initiating an enforcement action. The failure of the City to meet these timelines within one year shall not be grounds for closure or dismissal of the complaint. (Ord. 16-2151, (part), 2016) 3.37.090 Cupertino -Revenue and Finance 42 3.37.090 Enforcement. (a) Where prompt compliance is not forthcoming , the City shall take any appropriate enforcement action to secure compliance. All remedies in the Cupertino Municipal Code ("the code") are consider ed cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing these provisions . (1) The City may issue an administrative citation pursuant to Chapter 3 . 37 of the code with a fine of not more than fifty dollars ($50.00) for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. The City Council may modify the fine amount by resolution. .(2) Alternatively, the City may initiate a proceeding under Chapter 3.37 of the code by issuing a compliance order. (3) The City may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction. (b) Any person aggrieved by a violation of this chapter, any entity a member of which is aggrieved by a violation of this chapter, or any other person or entity acting on behalf of the public as provided for under applicable state law, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorneys' fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation , the payment of any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50.00) to each employee or per son whose rights under this chapter were violated for each day that the violation occurred or continued, reinstatement in employment and /or injunctive relief. Provided, however , that any person or entity enforcing this chapter on behalf of the public as provi ded for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable attorneys ' fees and costs. (c) This section shall not be construed to limit an employee's right to bring le gal action for a vio lation of any other laws concerning wages, hours, or other standards or rights nor shall exhaustion of remedies under this chapter be a prerequisite to the assertion of any right. (d) Except where prohibited by state or federal law , City agencies or departments may revoke or suspend any registration certificates , permits or licenses held or requested by the employer until such time as the violation is remedied . 2016 S-58 (e) Relief. The remedies for a violation of this chapter include, but are not limited to: (1) Reinstatement, the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50 .00) to each emplo yee or person whose rights under this chapter were violated for each day or portion thereof that the vio lation occurred or continued, and fines imposed pursuant to other provisions of this code or state law . (2) Interest on all due and unpaid wages at the rate of interest specified in subsection (b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full. (3) Reimbursement of the City's administrative costs of enforcement and reasonable attorney's fees. (Ord. 16-2151, (part), 2016) 3.37.100 Relationship to other requirements. This chapter provides for payment of a local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections. (Ord. 16-2151 , (part), 2016) 3.37.110 Application of minimum wage to welfare-to-work programs. The minimum wage established pursuant to Section 3. 80 . 040(b) of this chapter shall apply to the Welfare-to-Work Programs under which persons must perform work in exchange for receipt of benefits . Participants in Welfare-to-Work Programs shall not, during a given benefits period, be required to work more than a number of hours equal to the value of all cash benefits received during that period, divided by the minimum wage. (Ord. 16-2151 , (part), 2016) 3.37.120 Fees. Nothing herein shall preclude the City Council from imposing a cost recovery fee on all employers to pay the cost of administering this chapter. (Ord. 16-2151, (part), 2016) 3.37.130 CEQA Exemption. The City Council finds, pursuant to Title 14 of the California Code of Regul ations, Section 15378(b)(2), that this ordinance is exempt from the requir ements of the ) 43 Minimum Wage California Environmental Quality Act (CEQA) in that the adoption of an ordinance of general policy and procedure does not constitute a proj ect within the meaning of CEQA. (Ord. 16 -2151, (part), 2016) 3.37.140 Constitutionality; Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid , such decision or decisions shall not affect the validity of the remaining portions of this ordinance . The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause -and phr ase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be decl ared invalid. (Ord. 16-2151, (part), 2016) 2016 S-58 3.37.130 Cupertino -Revenue and Finance 44 ) CHAPTER 11.20: STOP SIGNS* Section 11.20.010 11.20.020 Purpose. Vehicular stop required at certain intersections. 11.20 .030 All directional vehicular stop required at certain intersections. * For statutory provisions authorizing local authorities to place and maintain traffic-control devices as required by statute or as necessary to implement statutes or local ordinances, see Yeh. Code§ 21351; for provisions generally regarding traffic signs, signals, and markings, see Yeh. Code§ 21350 et seq. 11.20.010 Purpose. It is the express purpose of the ordinance codified in this chapter to consolidate in one ordinance all presently or heretofore designated stop intersections where stops are required at certain approaches thereto as hereinafter defined and to provide a means for incorporating all the stop intersections that may hereafter be so designated or declared . (Ord. 467, § 1, 1970) 11.20.020 Vehicular Stop Required at Certain Intersections. A. The driver of any vehicle upon approaching the entrance of any of the following intersections sign-posted with a stop sign shall stop: 1 . At a limit line, if marked , otherwise before entering the crosswalk on the near side of the intersection, or, if not marked, then before entering the intersection; or, 2. At any point within the intersection as required by a stop sign. B. After such stop, the driver shall yield the right-of- way to other vehicles on that part of any street protected by any stop sign which are so close as to constitute an immediate hazard, and shall continue to yield the right-of- way to such approaching vehicles until such time as he can proceed with reasonable safety. A driver having yielded may proceed, and the drivers of all other vehicles approaching on that part of the street protected by the stop sign shall yield the right-of-way to the vehicle about to enter or cross the protected part of the street: 2016 S-58 Rep!. 23 Approaching Streets Required to Stop Ainsworth Drive Amulet Drive Ann Arbor A venue Apple Tree Lane Aster Lane Bahl Street Barbara Lane Beardon A venue Bette Drive Blue Jay Drive Bonny Drive Camarda Drive Carta Blanca Street Castleton Street Castleton Street Chavoya Drive Clarkston A venue Cleo Avenue Colby A venue Columbus A venue Craft Drive Cristo Rey Drive (EB) Cupertino Road Hillcrest Road (Alley) ± 220 ft. west of De Anza Blvd. (Alley) ± 220 ft . west of De Anza Blvd . (Alley) ± 220 ft. west of De Anza Blvd. Deeprose Place Denison A venue East Park Circle Empire A venue Fargo Drive Felton Way 11.20.010 At Any Entrance Thereof With: Hartman Drive Castine A venue Greenleaf Drive Vista Drive Waterford Drive Ainsworth Drive Peppertree Lane Alves Drive Clifford Drive Northwest Square Peppertree Lane Randy Lane Ainsworth Drive Clarkston A venue Wilkinson A venue Randy Lane Columbus A venue Gardenside Lane Amherst Drive Linda Vista Drive Finch A venue Approximately 4,000 ft. west of Foothill Bl vd . Rodrigues A venue (NB) Scofield Drive (SB) Sunrise Drive (NB, SB) Price A venue Amherst Drive Alves Drive Grand A venue Beardon A venue Kirwin Lane 11.20.020 Approaching Streets Required to Stop Folkstone Drive Ft. Baker (north approach) Glencow Drive Glenview A venue Approaching Streets Granada A venue Grand A venue Greenleaf Drive Hanford Drive John Drive Kendle Street Kirwin Lane La Paloma Drive La Paloma Drive Larry Way Lilac Way/Lilac Court Linda Vista Drive Linda Vista Drive Lindy Lane Lindy Place Los Ondos Way Lubec Street Lubec Street Maria Rosa Way Mello Place Meteor Drive Meteor Drive Milford Drive Miner Place Mira Vista Road Monrovia Street Mt. Crest Drive Nathanson A venue Orange Tree Lane Palos Verdes Drive Palos Verdes Drive Parlette Place Plum Tree Lane Plum Tree Lane Prospect Drive Rampart A venue Randy Lane Regnart Court Rucker Drive Saich Way 2016 S-58 Rep!. Cupertino -Vehicles and Traffic 24 At Any Entrance Thereof With: Yorkshire Drive Hyannisport Drive Garden Gate Drive La Mar Drive At Any Entrance Orange A venue Peninsula A venue Castine A venue Beardon A venue Kirwin Lane Ainsworth Drive Felton Way Santa Teresa Drive Columbus A venue Merritt Drive Rose Blossom Drive Santa Teresa Drive Hyannisport Drive Regnart Road Lindy Lane Pacifica Drive Mary Avenue Anson A venue Columbus A venue Price A venue Castine A venue Mary Avenue Castine A venue Lazaneo Drive Palm Avenue Regnart Road Linda Vista Drive Meteor Drive Merritt Drive Castleton Street Terrace Drive Lazaneo Drive Merritt Drive Forest A venue Seven Springs Parkway East Estates Drive Merritt A venue Lindy Lane Santa Teresa Drive Alves Drive Approaching Streets Required to Stop Santa Paula A venue Santa Teresa Drive Santa Teresa Drive Shattuck Drive Sorenson A venue Stafford Drive Sutherland A venue Terra Bella Drive Terra Bella Drive Torre A venue Valley Green Drive Via Camino Court Vicksburg Drive Villa De Anza A venue Virginia Swan Place Vista Drive Vista Drive West Park Circle Whitney Way Wilkinson A venue Wilkinson A venue Wintergreen Drive At Any Entrance Thereof With: Mira Vista Road Hyannisport Drive Columbus A venue Santa Teresa Drive Finch A venue Folkstone Drive Castleton Street Lindy Lane Terrace Drive Pacifica Drive Beardon A venue Ainsworth Drive East Estates Drive Lucille A venue Lazaneo Drive Merritt Drive Forest A venue Alves Drive Pacifica Drive Columbus A venue Hyannisport Drive Cold Harbor A venue (Ord. 2082, 2011; Ord. 2067, 2010; Ord . 2035 , 2008; Ord. 2023, 2008; Ord. 1876, 2001; Ord. 1841, 1999; Ord . 1765, (part), 1997 ; Ord . 1731, (part), 1996 ; Ord. 1704, (part), 1995; Ord . 1698, (part), 1995; Ord. 1557, 1991; Ord . 1552, 1991; Ord. 1445, (part), 1988; Ord. 1429, (part), 1987; Ord. 1391, 1986; Ord. 1365, 1986; Ord. 1339, (part), 1985; Ord. 1226, 1983; Ord. 1204, 1982; Ord . 1156, 1982; Ord. 1130, (part), 1981; Ord . 1095, 1981; Ord. 1078, 1980; Ord. 1073, 1980; Ord. 1041, 1980; Ord . 1000, 1980; Ord. 975, 1980; Ord . 970, (part), 1980; Ord. 900, (part), 1978; Ord. 467 § 3 .1, 1970) 11.20.030 All Directional Vehicular Stop Required at Certain Intersections. A. The driver of any vehicle upon approaching any entrance of any of the following intersections sign-posted with a stop sign shall stop: 1. At a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection , or, if not marked, then before entering the intersection; or 2. At any point within the intersection as required by a stop sign. B . After such stop, the driver shall yield the right-of- way to other vehicles on that part of any street protected by ) 11.27.010 CHAPTER 11.27: PERMIT PARKING ZONE Section 11.27.010 11.27.020 11.27.030 11.27.040 11.27.050 11.27.060 11.27 .070 11.27.080 11.27.090 11.27 .100 11.27.110 11.27.120 11.27.130 11.27 .140 11.27.145 11.27.150 Permit parking zone established. Definitions. Permit parking zone description. Posting of permit parking zone . Issuance of permits to residents and members of designated groups. Issuance of permits to guests of residents. Restrictions on parking permits. Display of permits. Permit parking exemptions. Application for permit. Validity of parking permits. Replacement of permits. Period of restricted parking. Revocation of permit. Designation of preferential parking zones . Penalty provisions. 11.27.010 Permit Parking Zone Established. Under the provisions of Section 22507 of the Vehicle Code, the Ci ty 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. (Ord. 1731, (part), 1996; Ord. 1197, (part), 1982) 11.27.020 Definitions. Whenever the following terms are used in this chapter, they shall be deemed and construed to have the following meaning: A . "Commercial and industrial properties" means a business enterprise operated within the permit parking zone. B . "Designated groups" means members of organizations, professions, or other class of individuals as determined by City Council that the use of the permits will not adversely affect parking conditions for residents and merchants in the area. C. "Guest of resident" means bona fide visitors to a residence located in the permit parking zone. 2014 S-43 47 D. "Motor vehicle" means and includes any device by which any person or property may be propelled, moved or drawn upon a highway . For the purposes of this chapter, a motor vehicle shall include licensed automobile, trucks as defined in Section 11 .28.0lOG, recreational vehicle, motorcycle or other motor-drawn or drawn form of transportation weighing over fifty pounds . E . "Resident" means the principal occupant of a single-family dwelling or of a legal housing unit of a condominium or multiple family dwelling . The quarters occupied are called a "residence" or a "household." (Ord. 14-2118, (part), 2014; Ord. 1197, (part), 1982) 11.27.030 Permit Parking Zone Description. The permit parking zone shall be the designated areas in which no person shall stop, stand or park any vehicle, except for vehicles which display a valid parking permit. (Ord. 1197, (part), 1982) 11.27.040 Posting of Permit Parking Zone. The Director of Public Works shall cause appropriate signs to be erected inside or outside the permit parking zone indicating prominently thereon the conditions under which the permit parking regulations shall be enforced. (Ord . 1197, (part), 1982) 11.27.050 Issuance of permits to residents and members of designated groups. Residents and members of designated groups parking permits shall be issued by the Director of Public Works . No more than one parking permit shall be issued to each motor vehicle for which application is made. The Director of Public Works is authorized to issue such rules and regulations, consistent with this chapter, governing the manner in which residents shall qualify for parking permits . (Ord. 14-2118, (part), 2014; Ord. 1197, (part), 1982) 11.27.060 Issuance of Permits to Guests of Residents. The Director of Public Works is authorized, upon application, to issue parking permits to residents of the permit parking zone for use of their bona fide transient guests . (Ord. 1197, (part), 1982) 11.27.070 Cupertino -Vehicles and Traffic 48 11.27.070 Restrictions on Parking Permits. A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated pem1it zone, nor shall permit holders be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. (Ord. 1197, (part), 1982) 11.27.080 Display of Permits. A. Permits shall be issued in a sticker decal form and be permanently affixed to the left rear bumper of the motor vehicle. Trailers, motorcycles and vehicles without bumpers shall have permits permanently affixed to the left rear of the vehicle in a way they shall be easily seen and read by enforcement officers. B. Permits of guests of residents of the parking permit zone and nonresident visitor permits shall be issued in a card form for display through the windshield of the vehicle in a way that they shall be easily seen and read by enforcement officers. C. Trailers, motorcycles and vehicles without windshields or enclosed areas shall have permits attached to the vehicle in such a manner that they shall be easily seen and read by enforcement officers . (Ord. 1197, (part), 1982) 11.27.090 Permit Parking Exemptions. A. Vehicles readily identifiable by enforcement officers as emergency or government will be exempted from the parking restrictions of this chapter. B. Vehicles readily identifiable as commercial, delivery, service and contractor's vehicles, while the occupants of the vehicles are actually engaged in providing services to residences or commercial enterprises, or in the maintenance and repair of public services or utilities, will be exempt from the parking restrictions of this chapter. C. The Director of Public Works may grant upon request individual one-day exemptions for nonresidents attending scheduled community events conducted in the permit parking zone. Application for such exemptions shall be made in a time and manner to be determined by the Director of Public Works. (Ord. 1197, (part), 1982) 11.27.100 Application for Permit. Each application or reapplication for an annual parking permit shall contain information sufficient to identify the applicant, his address within the permit zo ne, and the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the Director of Public Works . (Ord. 1197, (part), 1982) 11.27.110 Validity of Parking Permits. A . The parking permit issued to each resident or guest of resident within the zone shall expire on January 2, 1984, and thereafter will expire on January 2nd of every even-numbered year. 2016 S-58 B . Permits may be renewed biennially upon reapplication in the manner required by the Director of Public Works . (Ord. 1197, (part), 1982) 11.27.120 Replacement of Permits. A. The Director of Public Works may issue a duplicate permit if any resident to whom a valid parking permit has been issued, or to whom a valid guest of resident permit has been issued can furnish proof that the permit has been destroyed, lost, or the vehicle to which permit was affixed has been disposed of. B. A new permit will be issued and the old permit will be canceled. (Ord. 1197, (part), 1982) 11.27.130 Period of Restricted Parking. The date and time when parking restrictions will be in effect in the permit parking zone will be established by resolution of the City Council of the City. (Ord. 1197, (part), 1982) 11.27.140 Revocation of Permit. The Director of Public Works is authorized to revoke the parking permit of any person found to be in violation of this chapter, and upon written notification thereof, the person shall surrender such permit to the Director of Public Works. Failure, when so requested, to surrender a parking permit so revoked shall constitute a violation of this chapter. (Ord. 1197, (part), 1982) 11.27 .145 Designation of Preferential Parking Zones. The following street areas are designated as preferential parking zones under this chapter: Street Limits Special Hours Ann Arbor Court Lauretta Drive to Daily 7:00 a.m.- Christensen -10:00 p.m. August Lane All M--F 9:00 a.m.- -5:00 p .m. Barbara Lane East side M--F 8:00 a.m.- -7:30 p.m. Barbara Lane Scofield Driv e to Sat 8:00 a.m.--4:00 Pepper Tree Lane p.m . Black Oak Way Sycamore Drive to Sat, Sun, holidays end 7:00 a.m.--4:00 p .m. Bonny Dri ve Sola to Scofield M--F 8:00 a.m.- -7:30 p.m. Bonny Drive Scofield Drive to Sat 8:00 a.m.--4 :00 Shelly Drive p.m. Byrne Avenue McClellan to 200 M--F 8:00 a.m.- feet north -4:00 p.m . Canyon Oak Way Cristo Rey Drive to Sat, Sun, holidays 21101 Canyon Oak 7:00 a.m.--4:00 Way p.m. Cedar Tree Lane Blaney to Orange Sun 7:00 a.m.- Tree Lane -12:00 p.m. ) 49 Permit Parking Zone 11.27.145 Street Limits Special Hours Peppertree Lane Stelling Road to Sat 8:00 a.m.--4:00 Ced ar Tree Court Cedar Tree Lane to Sun 7:00 a .m .-p.m. end of cul de sac -12 :00 p.m. Phar Lap Drive Ste vens Creek Bl vd . F--Su 6:00 p.m .- Chri stensen Dri ve All Daily 7 :00 a.m.-to Clearcreek Court -2:00 a.m. -10:00 p.m . Pres idi o Drive Fort Baker to New M--F 8 :00 a.m.- Clearcreek Court All F--Sun 6:00 p.m.-Haven -3:30 p.m . -2:00 a.m. Presidio Dri ve Pro vidence Court to M--F 8:00 a.m.- Clearwood Court All F--Sun 6:00 p.m .-New Hav en Court -3:30 p .m . -2:00 a.m. Presidio Drive 100 feet east of New M --F 8:00 a .m.- Dolores A venue Byrne Avenue to M--F 7 :00 a.m.-Haven Court to 100 -3:30 p.m . 200 feet west of -4:00 p.m . while feet wes t of Ne w Orange A venue sc hool is in sessio n Haven Court Fairwoods Court South Stelling Roa d Daily Rodrigues A venue Southsi de from M--F 7 :00 a.m. - to end Torre Avenue to a 5:00 p.m ., except Fenway Court All Daily 7:00 a.m .-point 230 feet holida ys -10:00p.m . easterl y thereof Fort Baker Drive Presidio to M--F 8:00 a .m .-Rodrigues A venue Southside from a Daily Hya nnisport -3 :3 0 p .m. point 300 feet east Hammond Way Ea st end to wes t end Sat, Sun , holidays of Torre Avenue to 7:00 a .m.--4 :00 a point 340 feet p .m. easterly there of Hyannis port Drive Fort Baker to Linda M--F 7:00 a.m.-Rodrigues A venue Southside from a M--F 7:00 a.m.- Vista Dri ve -4:00 p.m. while point 340 feet east 5 :00 p.m., except school is in session of Torre A venue to holidays Imperial A venue Alcazar A venue to M--F 8:00 a.m.- a point 625 feet McClellan Road -3:30 p.m. while easter I y thereof scho ol is in sess ion Rose Blo sso m McClellan to Lily M--F 8 :00 a.m.- Juniper Court Oak Valley Road to Sat, Sun, holidays Way -7:30 p.m . end 7:00 a.m.--4:00 Santa Lucia Road Stevens Canyon to Daily Merriman Road p .m. Lil y Avenue All M --F 8:00 a.m.-Scofield Drive Barbara to Western M--F 8:00 a.m .- -7:30 p.m. -7:30 p .m . Lil y Court All M--F 8 :00 a.m .-September Court All M--F 9:00 a.m.- -7:30 p.m. -5:00 p.m. Madrid Road From McCl ellan M--F 7 :00 a .m .-September Drive McClellan to 200 M--F 9:00 a .m .- Road to the end -4:00 p.m. feet south of -5 :00 p .m. McClell an Road East sid e, 430 feet M--F 7 :00 a .m .- August Lane wes t of Byrn e -4:00 p.m . Shattuck Drive All M--F 8:00 a .m. - A venue to Madrid 3:30 p .m. when Road schoo l is in sessio n Merritt Drive Blaney to east of Sun 7:00 a.m.-Shell y Dri ve Bonny to Westacres --F 8:00 a.m.--7:30 Ba ywood Court 100 -12:00 p.m . p.m . feet Stelling Road McClellan to Erin Daily New Hav en Dri ve All M--F 8:00 a.m.-Ste ve ns Canyo n West side Santa Dail y -3:30 p.m. Roa d Lucia north 200 feet Noonan Court All M--F 8:00 a.m.-Syca more Drive St . Joseph Avenue Sat, Sun, holidays -4:00 p.m . to Oak Valley Road 7:00 a.m.--4:00 Oak Valley Road Cupertino City limit Sat, Sun, holidays p.m. to Sycamore Drive 7:00 a.m .--4 :00 Torre A venue Eastside from M--F 7:00 a.m.- p.m . Rodrigues Avenue 5:00 p.m., except Old Town Court All M--F 8:00 a .m.-to a point 265 feet holidays -3 :30 p.m. souther! y thereof Orange Avenue Eas t side McClellan M-F 8:00 a .m .-Tul a Court All Fi r st Saturday of to Noonan Court -4:00 p.m. each month 8:00 Orange Avenue West side McClellan M-F 8:00 a.m.- a .m .--12 :00 p.m. to Dolores -4:00 p.m. Tula Lane All First Saturday of each month 8:00 Orange Tree Lane Cedar Tree Lane Sun 7:00 a.m.- south 175 feet -12:00 p.m. a.m.--12:00 p .m . Pacifica Avenue No rth side from M--F 7:00 a.m. - Wilkinson Ave Hyannispo rt to M--F 8:00 a.m.- Torre Avenue to a 3:00 p .m., except Columbus -3:30 p .m. poi nt 460 feet holid ays eas terly thereof (Ord . 16-2147 , 2016; Ord . 16-2146 , 2016; Ord. 16-2145 , Peppertree Lane Al l M--F 8:00 a.m .-2016; Ord. 14-2118, (part), 20 14 ; Res. 03-037, 2011 ; Ord. -7 :3 0 p .m. 1989, 2006; Res . 99-154, 1999; Ord. 1731 , (part), 1996) 2016 S-58 11.27.150 Cupertino -Vehicles and Traffic 11.27.150 Penalty Provisions. A . It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the Director of Public Works. B. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to knowingly permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. C . It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Director of Public Works. It shall further be unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade limitations on parking applicable in a permit parking zone. D. Any person who violates any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, be punished as provided in Chapter 1 .12. (Ord. 1197, (part), 1982) 2016 S-58 Repl. 50 ) 19.08.010 CHAPTER 19.08: DEFINITIONS Section 19.08.010 19 .08 .020 19.08 .030 Appendix A : Appendix B: Appendix C: Appendix D : Purpose and applicability. General rules for construction of language. Definitions. Cupertino Standard Detail 7-2 Corner Triangle -Controlled Intersections. Cupertino Standard Detail 7 -4 Corner Triangle -Uncontrolled Intersections. Cupertino Standard Detail 7 -6 Sidewalk Site Triangle (Sidewalk Clearance at Driveways). Examples of How to Measure Sign Area. 19.08.010 Purpose and Applicability. The purpose of this chapter is to promote consistency and precision in the interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases clearly indicates a different meaning or construction. (Ord. 14-2125 , § 3 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh . A (part), 1992) 19.08 .020 General Rules for Construction of Language. The following general rules of construction shall appl y to the text of the zoning regulations: A . The particular shall control the general. B . In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control. C . The word "shall" is always mandatory and not discretionary. The word "may" is discretionary . D. References in the masculine and feminine genders are interchangeable. E . Words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. F. The words "activities" and "facilities" include any part thereof. 2016 S-58 5 G. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply; 2. "Or" indicates that the connected items or provisions may apply singly or in any combination; 3. "Either ... or" indicates that the connected items or provisions shall apply singly but not in combination. H. The words "lot" and "parcel" are interchangeable . I. The word "building" includes the word "structure ." J. All public officials, bodies, and agencies to which reference is made are those of the City unless otherwise indicated . K. "City" means the City of Cupertino . (Ord. 14-2125, § 3 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord . 1601, Exh. A (part), 1992) 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A . "A" Definitions: "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure . "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19 .100, Accessory Buildings/ Structures. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck , tennis courts, trellis or car shelter. Fences eight feet or less are excluded . "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. 19.08.030 Cupertino -Zoning 6 "A djacent property" means property that abuts the subject property, including property whose only contiguity to the subject site is a single point and property directly opposite the subject property and located across a street. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting , describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined . "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification . "Aerial" means a stationary transmitting and/or receiving wireless communication device consisting of one or any combination of the elements listed below: 1. "Antenna" means a horizontal or vertical element or array, panel or dish that may be attached to a mast or a tower for the purpose of transmitting or receiving radio or microwave frequency signals. 2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna. 3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or both . 4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast or both. "Affordable housing cost" means the amount set forth in the Health and Safety Code Section 50052.5, as may be amended. "Affordable rent" means the amount set forth in the Health and Safety Code Section 50053, as may be amended. "Affordable units" means housing units available at affordable rent or affordable housing cost to lower or moderate income households. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, 2016 S-58 dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other simi lar use. "Alley" means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property . "Alteration", for purposes of the Sign Ordinance, means any permanent change to a sign. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, vent ilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "A dult animal" means any animal four months of age or older. 2. Animal, Large . "Large animal" means any equine, bovine , sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, Small. "Small animal" means animals which are commonly found in single-family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. "Animal care" means a use providing grooming, housing, medical care, or other se rvices to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking there . "Apartment house" means a building designed and used to house three or more families, li ving independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units . "Approval Body" means the Director of Community Development and his/her designee, the Planning Commission or City Council depending upon context. ) 6A Definitions 19.08.030 "Architectural feature" means any part or appurtenance of a building or structure which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves , awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. "Architectural projection," for purposes of the Sign Ordinance, means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia . "Atrium " means a courtyard completely enclosed by walls and /or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable . "Automotive service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site . The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or from shelves . The sale of alcoholic beverages on the site is governed by Chapter 19.132 , Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication , engine tune-ups, smog certificates , servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance . "Average slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S =Ix L x 100 A S = Average slope of ground in percent; I = Contour interval in feet; L = Combined length in feet of all contours on parcel; A = Area of parcel in square feet. B. "B" Definitions: "Banner" means a temporary display cons1stmg of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. 2016 S-58 "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light , ventilation and emergency egress. A basement may have a maximum exterior wall height of two feet between natural grade and ceiling. "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-wa y, or waterways, and not traversed by any street, railroad right-of-way or waterway . "Boarding house" means any building used for the renting of rooms or providing of table board for from three to five persons , inclusive, over the age of sixteen years, who are not members of the same family . Cupertino -Zoning 6B ) 7 Definitions 19.08.030 "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion by a "Fire Barrier" as defined by the California Building Code , then each portion shall be deemed to be a separate building. 1. "Attached building" means buildings which are structurally connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall line which defines a building enclosure . "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a private or public right-of-way or driveway. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article , substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures , hotels and motels, and recreational and amusement enterprises conducted for profit. "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or similar activity or pursuit, and not otherwise defined as a home occupation. C. "C" Definitions : "Canopy" means any roof-like structure , either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements or aesthetic purposes in connection with outdoor living. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate one or more vehicles. "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Changeable copy sign" means any sign , or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs , but excluding electronic reader board signs and signs which display the current time or temperature. "Change of face" means any changes to the Jetter style , size, color, background, or message . 2016 S-58 "Change of use" means the repl acement of an existing use by a new use, or a change in the nature of an existing use , but not including a change in ownership, tenancy or management where the previous nature of the use , line of business, or other function is substantially unchanged . "Child" means a person who is under eighteen years of age. "Child day care facility" means a facility, licensed by the State or County, which provides non-medical care to children in need of personal services, supervision , or assistance essential for sustaining the activities of daily living or for the protection of the individua l on less than a twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored child-care centers and family day care homes . "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility . A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section . "College" or "university " means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" means the placement of aerials and other facilities belonging to two or more communication service providers on a single mast or building. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling Janes, billiard parlors, skating arenas, and similar services, operated on a private or for-profit basis, but excluding uses defined as outdoor recreation services . "Community center" means a place, structure, area , or other facility used for and providing religious, fraternal , social and /or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community . "Commercial district ," for purposes of the Sign Ordinance, means an area of land designated for commercial use in the current Cupertino General Plan. "Common interest development" means the follo wing, all definitions of which are based upon Civil Code Section 4 JOO or subsequent amendments: 1. A condominium project, 2. A community apartment project, 3. A stock cooperative, or 4 . A planned development. 19.08.030 Cupertino -Zoning 8 "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses. "Concession" means a benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of Chapter 19.56, Density Bonus. Benefits may include, but are not limited to, priority processing, fee deferments and waivers, granting of variances, and relaxation of otherwise applicable permit conditions or other concessions required by law. "Condominium conversion" or "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development , regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership. "Condominium units" or "units" means the individual spaces within a condominium project owned as individual estates. "Congregate residence" means any building or portion which contains facilities for living , sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or lodging houses . "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off-premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh-cut meats. "Corner triangle" means a triangular-shaped area bounded by the following, unless deemed otherwise by the City Engineer: 1. The intersection of the tangential extension of front and street side property lines as formed by the intersection of two public rights-of-way abutting the said property lines; and 20 16 S-58 2. The third boundary of the triangular-shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner Triangle-Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle-Uncontrolled Intersections for details .) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space . D. "D" Definitions : "Day care center" means any child day care facility, licensed by the State or County, other than a fami ly day care home, and includes infant centers, preschools, and extended day care facilities . Day Care Home, Family. "Family day care home" means a home , licensed by the State or County, which regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardian are away, and includes the following: 1. "Large-family day care home," which means a home which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in the California Health and Safety Code Section 1597.465; 2 . "Small-family day care home," which means a home which provides family day care to eight or fewer children, including children under the age of ten years who resides at the home, as set forth in the California Health and Safety Code Section 1597.44 . ) 9 Definitions 19.08.030 "Decorative statuary," for purposes of the Sign Ordinance, means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Demonstrated safety" means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate . "Demonstrated security" means a condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has experienced documented burglary , theft, vandalism or trespassing incidences. "De nsity bonus" means a density increase over the otherwise maximum allowable residential density in accordance with the provisions of Chapter 19. 56 as of the date of the project application . "Developer" means the owner or subdivider with a controlling proprietary interest in the proposed common interest development, or the person or organization making application, or a qualified applicant who has entered into a development agreement pursuant to the procedures specified in Chapter 19 .144 . "Development agreement" means a development agreement enacted by legislation between the City and a qualified applicant pursuant to Government Code Sections 65864 through 65869 .5. "Development standard" means a site or construction regulation, including, but not limited to, a setback requirement, a floor area ratio, and onsite open-space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy , resolution, or regulation . "District" means a portion of the property within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land , premises and buildings are prohibited, and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. "Drive-through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car . "Driveway" means any driveway that provides direct access to a public or private street. 2016 S-58 Driveway , Curved. "Cun1ed driveway" means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty-foot-deep parking area that does not overhang the front property line . "Duplex" means a building, on a lot under one ownership, containing not more than two kitchens, designed and used to house not more than two families li ving independently of each other . "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit , occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. E . "E" Definitions : "Economically feasible" means when a housing development can be built with a reasonable rate of return . The housing developer's financial ability to build the project shall not be a factor . Emergency Shelter : "Emergency shelter, rotating" means a facility that provides temporary housing with minimal supportive services and meets criteria in Section 19.76.030(2). "Emergency shelter, permanent" means a permanently operated facility that provides temporary housing with minimal supportive services and meets criteria in Section 19.76 .030(3). "Employee Housing" means accommodations for employees as defined by Health and Safety Code 17008, as may be amended . "Enclosed" means a covered space fully surrounded by walls, including windows, doors and similar openings or architectural features , or an open space of less than one hundred square feet fully surrounded by a building or walls exceeding eight feet in height. "Entry feature" means a structural element, which leads to an entry door . "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses , ponies or mules, or vehicles drawn by such animals, with related pasture lands , corrals and trails. "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehic les , equipment or supplies; or for the dispatching of service ve hicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. 19.08.030 Cupertino -Zoning 10 F . "F" Definitions: "Facility" means a structure , building or other physical contrivance or object. 1. "Accessory facility " means a facility which is incidental to, and customaril y associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. 2. "Noncomplying facility" means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title , or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. 3 . "Principal facilities" means a main building or other faci lity which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind . "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height . "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story . "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5 . Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Basements with lightwells that do not conform to Section 19 .28.070(1); 2016 S-58 7. Residential garages; 8. Roofed arcades , plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls; 9. Sheds and accessory structures . "Floor area" shall not include the following: 1. Basements with lightwells that conform to Section 19.28.070(1); 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior wal ls . "Floor area ratio" means the ratio of gross floor area on a lot to the lot area . "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. "Front wall" means the wall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features as defined in this chapter. G. "G" Definitions : "Garage" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles. "Gasoline service station" means any place of business which offers for sale any motor vehic le fuel to the public. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm , planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line , or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizo ntal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerline. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. ) 11 Definitions 19.08.030 H. "H" Definitions: "Habitable floor" means th e horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven fee t six inches abov e it , except for a kitchen which shall have a ceiling height not less than seven feet above the floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets , halls, storage or utility space and similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in Section 19.08 .030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer , earth mover, generator, grader, tractor or any similar device . "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction , exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. "Height", for purposes of the Accessory Buildings /Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. 9 ;, Entry Fe ature Natural Grade HEIGHT LIMIT FOR ENTRY FEATURES "Home occupation" means a business , profession , occupation or trade activity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit , for purposes of generating income, by means of the manufacture , and/or sale of goods and/or services, but which activity is clearly incidental to the use of the dwelling for residential purposes. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons , primarily on an inpatient basis, and including ancillary 2016 S-54 facilities for outpatient and emergency treatment, diagnostic services, training , rese arch, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises . Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses . "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine . This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and/or raised for commercial purposes except where permitted with required permits. "Household type" means whether the occupants of the housing units are very low income, lower income, moderate income , or senior citizens. "Housing development" means for the purposes of Chapter 19.56, Density Bonus, a development project for five or more residential units. For the purposes of that chapter, "housing development" also includes a subdivision or common interest development, approved by the City that cons ists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. I. "I" Definitions : "Identification Card" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352 .5 , 11362.7, and following, or as may be amended. "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan . "Institutional district ," for purposes of the Sign Ordinance , means all BQ, PR , FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan . J. "J" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. 19.08.030 Cupertino -Zoning 12 K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters ; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p .m. to seven a .m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984 . "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms . "Liquor store " means a use requiring a State of California "off-sale general license" (sale for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off-sale general license. "Living space" means habitable space and sanitation . "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the 2016 S-58 dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons ; each two-person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds , for purpose of sale, lease or separate use. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines . 2 . "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3 . "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot , and fronting on the street which intersects or intercepts the street on which the corner lot fronts . "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or otherwise . "Lot coverage" means the following: 1. "Single-family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground-level paving, landscape features, lightwells, and open recreat ional facilities. Sheds are included in lot coverage. 2. "All other uses except single-family residential" means the total land area within a site that is covered by buildings, but excluding all projections, ground-level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. ) 13 Definitions 19.08.030 "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a comer lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. Lot line length does not include arc as identified on comer parcels . 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "S treet lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder , or a lot or parcel described by metes and bounds which has been recorded . "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line . "Lower-income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50079.5, as may be amended. M. "M" Definitions: "Major renovation," for purposes of Chapter 19 .116, Conversions of Apartment Projects to Common Interest Development, means any renovation for which an expenditure of more than one thousand dollars was made. "Major repair," for purposes of Chapter 19 .116 , Conversions of Apartment Projects to Common Interest Development, means any repair for which an expenditure of more than one thousand dollars was made. "Major Transit Stop ," for purposes of Chapter 19.56, Density Bonus, means an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the int ersec tion of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than 25 percent of their area farther than one-half mile from the stop and ifnot more than 10 percent of the units or 100 units, whichever is less, in the housing de ve lopment are farther than one-half mile from the stop as set forth in Government Code Section 65915(p)(3)(A), as may be amended. 2016 S-58 "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Marijuana" means all parts of the plant Cannabis, whe ther growing or not ; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin . It includes marijuana infused in foodstuff, and concentrated cannabis and the separated resin, whether crude or petrified, obtained from marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture , or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination . 1. " Medical Marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person 's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362 . 7. "Marijuana cultivation facility" means any business, facility, use, establishment, property, or location where the cultivation of marijuana occurs. A "marijuana cultivation facility" does not include a "qualified patient's" primary residence provided such cultivation of medical marijuana is for his or her personal use. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vi brating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without suc h supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder , cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in 19.08.030 Cupertino -Zoning 14 Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9 .06 . "Maximum allowable residential density," for purposes of Chapter 19.56, Density Bonus, means the maximum density allowed under the zoning ordinance and land use element of the general plan . For purposes of that Chapter, if the maximum density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. "Medical marijuana dispensary" means any business, facility, use, establishment, property , or location , whether fixed or mobile, where medical marijuana is sold, made available, delivered, transported, and/or distributed . A "medical marijuana dispensary " does not include the following uses : a . A "qualified patient" transporting "medical marijuana" for his or her personal use; b . A "primary caregiver" delivering or transporting "medical marijuana" to a "qualified patient;" c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; e. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; f. A residential care facility for the elderly licensed pursuant to Chapter 3 .2 of Di vis ion 2 of the Health and Safety Code; or g. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. "Minor change" means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, de velopment or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involve d , and no variance required. "Mobilehome" means a vehicle, other than a motor vehic le , de signed or used as semi-permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being draw n by a motor vehicle, and shall include a trailer coach . "Mobilehome park" means any area or tract of land where lots are sold, rented , or held out for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose of permanent or semi-permanent housing . 2016 S-58 "Moderate income household" means a household whose gross income does not exceed that established by Section 50093 of the Health and Safety Code, as may be amended . "Multiple-family use" means the use of a parcel for three or more dwelling units which may be in the same building or in separate buildings on the same parcel. N. "N" Definitions: "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a City approved grading plan that is part of a subdivision map approval. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service . 0. "O" Definitions : "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use provi ding consultation, diagnosis , therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis . 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development , but excluding product manufacturing and /or assembly, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. 4 . "Office district," for purposes of the Sign Ordinance, means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance , management or operation of all or any part of a common interest dev elopment. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation ) 15 Definitions 19.08.030 activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. "P" Definitions: "Park" means any open space, reservation , playground, swimming pool , golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, pave d area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles . "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces , together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title . Parking facil ity includes parking lots, garages and parking structures. 1. "Temporary parking faci lity" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date . "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways , aisles or other features comprising a parking facility as previously defined in this chapter. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Permits may include but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions , Variances or Subdivision Maps. "Person" means an individual, group, partnership , firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity . "Personal fitness training center" means a facility providing space and equipment, with or without supervision, 2016 S-58 for group or individual athletic de ve lopment, increased skill development in sports activity, or rehabilitative therapy for athletic injury . "Perspective drawing" means a rendering of a three-dimensional view depicting the height, width, depth , and position of a proposed structure in relation to surrounding properties and st ructures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon . "Primary caregiver" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352. 5, 11362. 7, and following, or as may be amended. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California . "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on-site utility networks as required by the City of Cupertino for a common interest development. "Projection" means architectural elements , not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional device" means any sign, display , fi xture , placard, vehicl e or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land , that which is affixed to the land , and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662 . 1. Property , Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property . "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or 19.08.030 Cupertino -Zoning 16 in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q . "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified applicant includes an authorized agent. "Qualified patient" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. "Qualifying resident" for purposes of Chapter 19 .56, Density Bonus, of this Code, means a senior citizen or other persons eligible to reside in a senior citizen housing development. R. "R" Definitions: "Recreational open space" means open space within a common interest development (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment . Accessory structures such as swimming pools, recreational buildings and landscaped areas may be incl uded as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products . For purposes of Chapter 19.108, Beverage Container Redemption and Recycling Centers, recyclable materials do not include hazardous materials . "Recycling center" means a facility for the collection and/or processing of recyclable materials. Recycling center does not include storage containers or processing activity located on the premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. "Recycling center, Certified" or "Certified Processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile" means an automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material . A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers 2016 S-58 and used for the collection of recyclable materials. A mobile recycling center may consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials. "Recycling facilities" may include the following: 1. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public . Such a facility does not use power-driven processing equipment except as indicated in Chapter 19 .108, Beverage Container Redemption and Recycling Centers. Collection facilities may include the following: a. Reverse vending machine(s); b. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: i. A mobile recycling unit, ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, iii. Kiosk type units and bulk vending machines, iv . Unattended containers placed for the donation of recyclable materials; c . Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures. 2 . "Processing facility" means a building or enclosed space use for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing . Processing facility includes the following: a. A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing , compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility . Any ) 16A Definitions 19.08.030 use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. "Residential care facility" means a building or portion designed or used for the purpose of providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning , medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq .), community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped (W &I Code Section 5000 et seq .), alcoholism or drug abuse reco very or treatment facilities (H&SC Section 11384 .11), and other similar care facilities. "Residential district," for purposes of the Sign Ordinance, means the Rl , RHS, R2, R3, RIC, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan . Restaurant: 1. Restaurant, Fast-Food . "Fast-food restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or roonis reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. 2016 S-58 "Re verse vending machine (s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including , but not limited to aluminum cans , glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. 1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line , by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Second dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons . It shall include permanent provisions for living , sleeping , eating, cooking and sanitation on the same parcel as the single-family dwelling is situated. "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen housing development, in accordance with State and federal law . "Senior citizen housing development" means a housing development with at least thirty-five dwelling units as defined in the Civil Code Section 51. 3, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798 . 76 or 799.5 of the Civil Code, as may be amended . 19.08 .030 Cupertino -Zoning l6B ) 17 Definitions 19.08.030 "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way or private road , whether ac quired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified , the setback line shall be coterminous with the corresponding lot line . Setback Area, Required. "Required setback area" means open space, unoccupied and unobstructed from the ground upward, except as provided in this title, between the lot line and the setback line on the same parcel. 1. Setback Area, Required Front Yard. "Required front-yard setback area" means the setback area extending across the front of a lot between the front lot line and the setback line. Front yards shal l be measured either by a line at right angles to the front lot line, or by a radial line in the case of a curved front lot line , except flag lots which is the area extending across the full extent of the buildable portion of the flag lot measured from the property line which is parallel to and nearest the street line and at which point the lot width equals a minimum of sixty feet. The Director of Community Development shall have the discretion to modify the provisions of this definition when it improves the design relationship of the proposed buildings to adjacent buildings or parcels. 2. Setback Area, Required Rear Yard . "Required rear-yard setback area" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building . 3. Setback Area, Required Side Yard. "Required side-yard setback area" means the area between the side lot line and the nearest line of a building, and extending from the front setback line to the rear setback line . "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the parcel. "Shopping center," for purposes of the Sign Ordinance, means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6 . (See Appendix C, Cupertino Standard D etail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) 2016 S-58 "Sign" means any device , fixture, placard , or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public . 1. "Animated sign" means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons , banners and flags , and blowing or air-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature . 2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walh.'Way or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a plane perpendicular to the plane of the building wall. 3 . "Development Id entification Sign" means a ground sign at the major entry to a residential development with twenty units or more meant to identify the name and address of the development. 4. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. 5. "Directory sign" means any outdoor listing of occupants of a building or group of buildings . 6. "Electronic readerboard sign" means an electronic sign intended for a periodically-changing advertising message . 7. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. 8. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5 . 16 of the Cupertino Municipal Code. 9. "Ground sign" means any sign permanently affixed to the ground and not su pported by a building structure. The height of the sign shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim . 10 . "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. 11. "Illegal sign" means any sign or advertising statuary which was not lawfull y erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. 12 . "lllun1inated sign" means any sign utilizing an artificial source of light to enhance its visibility. 19.08.030 Cupertino -Zoning 18 13. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. 14. "Landmark sign" means an existing, legal non-conforming ground sign that has a distinctive architectural style. 15. "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. 16. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. 17. "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays . 18 . "On-site sign" means a sign directing attention to a business, commodity, service or entertainment conducted , sold or offered upon the same premises as those upon which the sign is maintained . 19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. 20. "Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director . 21. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. 22. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. 23 . "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. 24 . "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. 2016 S-58 26 . "Temporary Sign" means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shal l be defined as having a valid license plate. 29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. 30. "Window sign" means any sign that is intended to be read from outside of the structure or painted on a window facing a public street , parking lot, pedestrian plaza or walkway accessible to the public . "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms . (See Appendix D for examples of sign area calculation) The sign area for a sign with borders and /or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter . The necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area . When a sign is separated by thirty-six inches or more , the area of each part may be computed separately . "Single-family use" means the use of a parcel for only one dwelling unit. "Specialty food stores" means uses such as bakeries, donut shops , ice cream stores, produce markets and meat markets, or similar establishments where food is prepared and/or sold primarily for consumption off the premises. "Site," for purposes of the Sign Ordinance , means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control , or development agreement. "Special event ," for purposes of the Sign Ordinance means a temporary promotional event including , but not limited to, a special sale on merchandise or services , or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas , fabric , vinyl 19 Definitions 19.08.030 plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any housing , including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, as set forth in Government Code Section 65915(p)(3)(C), as may be amended. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter . 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists . "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare , but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. 2016 S-58 "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner . 1. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion, which functions for play , recreation or exercise (e .g., pool slides, playhouses, tree houses , swings, climbing apparatus, gazebos, decks , patios, hot tubs and pools) but does not include portable play structures , such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per Government Code Section 65582(f), as may be amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing , improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community . T. "T" Definitions: "Target population" (per CA Government Code 65582(g), as may be amended) means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS , substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4 . 5 ( commencing with Section 4500) of the Welfare and Institutions Code). "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy . "Transitional housing" (per CA Government Code 65582(h), as may be amended) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from beginning of assistance . "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to a sign . 19.08.030 Cupertino -Zoning 20 U . "U" Definitions: "Unobstructed Access," for purposes of Chapter 19 .56, Density Bonus, means access to a location if a resident is able to access the location without encountering natural or constructed impediments , as set forth in Government Code Section 65915(p)(2), as may be amended. "Use" means the conduct of an activity, or the performance of a function or operation, on a parcel or in a building or facility. 1 . "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2 . "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on a discretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3 . "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955 ; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. 4 . "Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5 . "Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e .g ., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Variance application" means an application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. 1 . Vehicle, Commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the 2016 S-5 8 transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2 . Vehicle , Recreation . "Recreation vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling , recreational or sporting purposes . The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat trailers . "Very low income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50105, as may be amended. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either completely or partially private , designed for the sole use of the occupant, and/or which serves to fulfill the interior and/or exterior privacy needs of the impacted residence or residences . W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line , and measured horizontally , and perpendicular to the lot line for a specified distance , open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line , the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line , extending between the front yard and rear lot line. Z. "Z" Definitions : None. (Ord. 16-2149, § 3, 2016; Ord . 16-2140, §§ 1- 5, 2016; Ord. 14-2125, § 3 (part), 2014; Ord . 2085, § 2 (part), 2011; Ord . 11-2074, (part), 2011; Ord . 2056, (part), 2010; Ord . 1894, § 1, 2002; Ord. 1891, (part), 2002; Ord. 1863, (part), 2000; Ord . 1809, 2000; Ord . 1784, (part), 1998 ; Ord. 1725, (part), 1996; Ord . 1688, § 3 (part), 1995 ; Ord . 1657, (part), 1994; Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993; Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A (part), 1992) ) 19 .12.010 CHAPTER 19.12: ADMINISTRATIO N Section 19 .12 .010 19.12.020 19 .12 .030 19 .12 .040 19 .12 .050 19 .12.060 19.12 .070 19.12 .080 19.12 .090 19.12.100 19 .12 .110 19 .12 .120 19 .12 .130 19 .12 .140 19.12.150 19.12 .160 19 .12 .170 19.12 .180 Purpose and intent. Applicability of regulations. Approval authority . Authority of the Director of Community Development. Authority of the Design Re view Committee . Authority of the Planning Commission. Authority of the City Council . Application process . Action by Director. Decis ion . Noticing . Action by Director of Community Development-Administrative . Action by Design Review Committee and Planning Commission . Action by City Council. Notice of deci sion and reports . Effective date . Appeals . Expiration, extens ion, vio lation and revocation . 19 .12 .010 Purpose and Intent. The purpose and intent of the Administration section is to est ablish procedures for the discretionary review of de velopment in the City in order to ensure that new dev elopment and chang e s to existing developments comply with City development requirements and policies. This chapter establishes the procedures for review of applications before the approval authorities for each typ e of project and the proces s for appeals of any requirem ent, decision or determination made by any Approval Bod y. (Ord. 14-2125, § 4 (p art ), 201 4 ; Or d. 2085, § 2 (part), 2011) 19.12.020 Applicability of Regulations . Except as otherwise provided in this section, Development Revi ew is required for all zoning map and text amendments, new construction , modifications to building exteriors or site improvements, and changes in land use , including, but not limited to, the following : 2016 S-58 21 A. In the A , Al , R-1 and RHS Zones , the following activities: 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24 , Chapter 19.28, Chapter 19 .32, Chapter 19.36 , Chapter 19.40 and Chapter 19.44; 2. Removal of protected trees identified in Chapter 14.18; 3. Projects in R-1 zones identified in Section 19 .28.040 ; 4 . Height Exceptions identified in Section 19 .24.070(B)(3); 5 . Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6 . Parking Exc eptions identified in Ch apter 19.124; 7. Fence Exceptions identified in Chapter 19.48 ; 8 . Variance to all other zoning regulations. B. In R2, R3, RIC and all Commercial , Industrial , Office , Planned Community Districts and other non-residential zoning districts : I . New structures or property development , including signs and sign programs . 2 . Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping , tree removals, fencing, changes to parking lot space striping or circulation); 3 . Changes in property or building use that in vo lve exterior modifications ; 4 . Exceptions or modifications to the development's required and /or existing parking; 5. Conditional u ses in accord wi th Chapter 19 .60, Chapter 19 .64, Chapter 19 .68 , Chapter 19 .72, Chapter 19 .76 , Ch apter 19 .80 , Ch apter 19 .84 , Ch apter 19 .88, Chapter 19 .92, Chapter 19 .96, Chapter 19 .128 , Chapter 19 .116, Chapter 19 .132 , Ch apter 19.136 . (Ord . 14-2125, § 4 (part), 2014; Ord . 2085 , § 2 (part), 2011 ) 19 .12. 030 Approval Authority . Table 19 .12 .030 shows the approval authority , Noticing Radius , Expiration Date and Extension Date s fo r different types of Permits . N 0 ,_. V\ en .j,. -.J Type of Permit or Administrative Decision A, 8 Review General Plan Amendment Major r - Minor G - Zoning Map Amendments Major r - Minor G - Zo ning Text - Amendments Specific Plans - Development - Agreements Design Review Committee - - - - - - - Table 19.12.030 -Approval Authority Planning City Public Commission Council Hearing/ Public Meeting/ Comment Period c R F PH R F PH R F PH R F PH R F PH R F PH R F PH '-" Noticing/ Posted Site Noticing Notice Radius 0 CA. Govt. Yes Code 65350- 65362 Yes CA. Govt. Yes Code 65853- 65856 Yes CA. Govt. - Code 65853- 65856 CA. Govt. - Code 65350- 65362 CA. Govt. Yes Code 65867 Expiration Date E - - - - - - - Chapter/ Findings CA. Govt. Code 65350- 65362 19.152.020 19 .152.020 19.152 .030 20.04.030 19.144.120 ,_. \0 ,_. N 0 w 0 ("') i:: 'O ('t) '"1 S" 0 N 0 s· l1Q N N 27 Administration 19.12.030 Key : Notes: A. Permits can be processed concurrently with other applic ations, at the discretion of the Director of Community Development. B . Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19 .04 .090. C. Public Hearing : Project types that need noticing pursuant to the CA Government Code; Public Meeting : Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting . D . Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments .) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for more than ten thousand square feet of commercial and /or industrial and/or office and /or other non-res idential use, or greater than six residential units . G . Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten thousand square feet or less of commercial and /or industrial and/or office and/or other non-residential use, or six or less residential units. H . City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and /or office and /or other non-residential use, and /or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority . J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K . Minor Architectural and Site Approval application - single family home in a planned development zoning district , minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where 2015 S-47 review is required and minor modifications of duplex and multi-family buildings . L. Appeals of Design Review Committee decisions shall be heard by the City Council. M . Parking Exceptions approved by the Director of Community Development need a comment period . Parking Exceptions approved by the Design Review Committee need a public meeting . N. Parking Exceptions in Single-family residential (R-1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. 0. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension . (Ord. 14-2125 , § 4 (part), 2014 ; Ord . 2085, § 2 (part), 2011) 19.12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title , the authority of the Director of Community Development is as follows: A. Grant any permits which are authorized to be issued by the Director pursuant to Section 19 .12 .030 and any other provisions of this code; B . Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C. Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D. Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attach ed to planned developments) applicable within any zoning district established by this title. E. Grant a request for reasonable accommodation made by any person with a disability , when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52 . F. Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation . 19 .12.040 Cupertino -Zoning 28 G . May refer an application to another Approval Body for review, decision or recommendation. (Ord . 14-2125, § 4 (part), 20 14 ; Ord. 2085, § 2 (part), 2011) 19.U.050 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows: A . Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title , the authority of the Planning Commission is as follows : A .· Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19 . 12. 030; C. Make recommendations to the City Council on applications in which it is a recommending body; and D . Decide on appeals of decisions pursuant to Section 19 .12 .030 . (Ord . 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A . Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B . Decide on appeals of decisions pursuant to Section 19 .12.030. (Ord. 14-2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.12.080 Application Process. The following provisions outline the requirements for the filing of applications for permits, entitlements, 2016 S-58 amendments, and approvals . Unless otherwise specified in this title, all ap plications for permits , entitlements, amendments and approvals required by this title shall be filed in compliance with this sec tion. Applications for permits, permit modifications , amendments and other matters pertaining to this chapter shall be filed with the Director of Community Development with the following : A . An application for permit may be made by the owner of record , his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following , unless waived by the Director of Community Development based on the scope of the proposed project : 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4 . Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height , colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads , streets, alleys and access points; 8. A traffic analysis, if required; 9 . A construction plan ; 10 . Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. 11 . The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. 12 . Zoning Map or Text Amendments shall also include information required per Chapter 19 .152 . a. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19 .80 .040; b. Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19 .36.040 ; and ) 29 Administration 19.12.080 c. Zoning applications for Residential Single-family Cluster (RIC) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H . 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010: 14. Conditional Use Permits and Variances shall also include information required per Section 19 .156 .020. 15. Density Bonus Permit applications shall also include information required per Section 19.56.060. 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050. 17. Sign Permit Applications should also include information required per Section 19.104.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. D. The Approval Body is granted the authority to make the decision to grant, deny, or impose conditions or restrictions on a permit or other approval or take any other action on a permit or approval and to conduct and make any decisions necessary for environmental review under the California Environmental Quality Act. (Ord. 16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Not later than a period stipulated in Section 19.12.100 below : 1 . Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, or 2. Send notice in accord with the requirements of Section 19.12. llO(D) for applications that do not need a public hearing or public meeting. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.100 Decision. Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered: 2016 S-58 1. No later than sixty days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty days of certification of an Environmental Impact Report (EIR). 2. Notwithstanding the above , no later than one hundred and fifty days upon receipt of a complete application for a new personal wireless communication facility or ninety days upon receipt of an application for collocation of a personal wireless communication facility/ antennas. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.110 Noticing . A. Notice of Public Hearing : Noticing shall be provided in conformance with applicable California Government Code Sections, as may be amended from time to time, for applications that need a public hearing. B. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be provided in conformance with California Government Code Section 65091, as may be amended from time to time, as follows : 1. Written notice by first class mail to : a. Each owner of record of real property within the noticing radius per Section 19.12 .030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll; b. Owner(s) of subject site or his or her authorized agent; c. Project applicant(s); d. Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings. e. Local agencies expected to provide water, sewage, streets, roads , schools or other essential facilities or services to the proposed project; 2. If the number of owners to whom notice would be mailed or delivered pursuant to subsection C 1 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(a)(4). 3. The notice shall contain information pursuant to Government Code Section 65094. C. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with Section 19 .12 .1 lOC(l)(a)-(d), fourteen calendar days prior to the date of action on the application. 1. For permits issued pursuant to Chapter 19 . 28, the mailed notice shall include a copy of the site plan and e levation plans of the proposed project. 19.12.110 Cupertino -Zoning 30 2. For permits issued pursuant to Chapter 14 . 18, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan. D . The City may also give notice of public hearings /public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice , particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19 .12.030. Compliance with the procedures set forth in this section shall constitute a good-faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from talcing any action nor affect the validity of any action . Typographical and/or publishing error shall not invalidate the notice nor any City action related to the notice. E . Posted Site Notice: 1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street in accord with the requirements of Table 19.12.030 . a . Applicants must install a public notice in the front yard of the subject site . b . For all applications other than Two Story Permits, Residential Design Review and Tree Removal applications in R-1 or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice. 2. The notice shall be a weatherproof sign, at least two feet tall and three feet wide, firmly attached to a five foot tall post. 3. The notice shall be placed the same number of days prior to the decision/public hearing as required for the public hearing or mailed notices per Section 19 .12.1 lOA-C and shall remain in place until an action has been taken on the application and the appeal period has passed. 4 . The notice shall contain the following : a . The general location of the property, by text or diagram; b. A brief description of the proposed projec t , the content of which shall be at the sole discretion of the City; c . City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. 2016 S-58 ii. For Two Story Permits and Residential Design Review applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project , at least eleven inches by seventeen inches in size. m. Visual Representation is not required for applications that do not have a material change in the physical appearance of the property . (Ord. 14-2125 , § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19 .12.120 Action by Director of Community Development-Administrative. A . For applications requmng Administrative approval with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12 .100: 1. Issue his or her decision at the conclusion of the public meeting , public hearing or comment period ; 2. Continue the item for additional public hearings, public meetings or comment period; or 3. Defer action by talcing the item under advisement and issuing the decision no later than thirty days following the public meeting, public hearing or comment period . No additional noticing is required if a project is continued . B. For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. (Ord . 14-2125 , § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.130 Action by Design Review Committee and Planning Commission. A . For applications where the Design Review Committee or Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19 .12 .100. B. For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district classifications not originally requested by the application. The Planning Commission may , solely at its option, consider additional properties or district classifications, or both . ) 31 Administration 19.12.130 C. For applications requiring City Council approval, the reviewing body shall forward its written findings, determinations and recommendation to the City Council for final action, subject to the requirements of Section 19 .12 .100. (Ord . 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19 .12 .140 Action by City Council. A. Upon receipt of a recommendation of the reviewing body, the City Council may by resolution approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.100. B. Upon final approval of a zoning or prezoning application, the City Council shall enact an ordinance zoning or prezoning the subject property or properties, incorporating within the ordinance: 1. A Conceptual development plan, if required, and 2. Conditions of approval. C. For a Development Agreement, the City Council shall enact an ordinance that shall refer to and incorporate the text of the Development Agreement by reference. D. For applications requiring City Council approval, the City Council shall issue its decision at the conclusion of the public hearing or public meeting. (Ord. 14-2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.12.150 Notice of Decision and Reports. A . Notice of decision: 1. The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application . 2. The decision for applications approved with a comment period shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the comment period. 3. The decision shall contain the following: a . Applicable findings; b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and c . Reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City. 4. The decision of the Director of Community Development, Design Review Committee or Planning Commission shall be final unless appealed in accord with 2015 S-47 Section 19 .12.170. A decision of the City Council shall be final. B . Reports: The Director of Community Development shall endeavor to forward reports, within five calendar days from the date of the decision, to the : 1. Planning Commission and the City Council of a decision by the Director of Community Development. 2 . Planning Commission and the City Council of a decision by the Design Review Committee. 3 . City Council of a decision by the Planning Commission. (Ord . 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.160 Effective Date. A. A permit approved by the City Council shall take effect ten days following the date that the findings are adopted. B. Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and Development Agreements shall become effective thirty days following the final date of action (e .g ., adoption) by the City Council . C. All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170. (Ord. 14-2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.12.170 Appeals. A . An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. B. Filing: 1. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title . An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof. 2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council. C. Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D . Appeal hearing body shall be determined in accord with Section 19 .12 .030 . E . Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately . 19.12.170 Cupertino -Zoning 32 F . Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk. (Ord. 14 -2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.12.180 Expiration, Extension, Violation and Revocation. A. Expiration . 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19 .12 .030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance, unless: a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b. The permit or variance has been used . A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3 . Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and /or structure for which the variance or exception was issued . B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended, one-time only, for the time frame specified in Section 19.12 .030, upon timely submittal of an application with the Director of Community Development prior to expiration. C. Violation. Once a permit or variance is effective, any and all conditions of approval imposed shall become operative, and the violation of any of them shall constitute a violation of this Code . D. Revocation 1. Process . In any case where, in the judgment of the Director, substantial evidence indicates that the 2016 S-58 conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare, the Director shall set a date for a public hearing before the Approval Body that granted the original permit or variance, and notice a public hearing in accordance with Section 19 .12.110, Noticing, of this code. 2 . Findings: A permit may be revoked or modified if any one of the following findings can be made: i. That the permit was obtained by misrepresentation or fraud; ii. That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; m. That one or more of the conditions of the permit have not been met ; or iv. That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law. v. In the case of revocation of a sign permit , the sign was abandoned for a period of thirty days. (Ord. 16-2149, § 5, 2016; Ord . 14-2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) ) 63 Single-Family Residential {R-1) Zones 19.28.110 19.28.110 Single-Family Residential Design Guidelines and Principles. Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.1 lO(A) and (B). A. Single-Family Residential Design Guidelines for all projects . 1 · 2 1. There should not be a three-car wide driveway curb cut. 2 . No more than fifty percent of the front elevation of a house should consist of garage area. a. In the Rl-a zone, the maximum width of a garage on the front elevation should be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. 2 3. Living area should be closer to the street, while garages should be set back more. 4. All roofs should have at least a one-foot overhang. 5. Porches are encouraged. a. In the Rl-a zone, the following porch design guidelines apply2: i. When viewed from the street, a porch should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width . ii. Structural supports should be designed such that the appearance is not obtrusive or massive . n1. The use of large columns or pillars is discouraged. iv . The eave height for a front porch should not be significantly taller than the eave height of typical single-story elements in the neighborhood. v . Porch elements should have detailing that emphasizes the base and caps for posts and fence elements . 6. In Rl-6e and Rl-a zones, entry features should not be higher than fourteen feet from natural grade to plate. 2 B . Two-Story Design Guidelines .1• 2 1. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern . New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2. The design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces . 3. Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story. a. In the Rl-a zone, all second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least 2016 S-58 every twenty-four feet, with a minimum four foot depth and ten foot width. The offsets should comprise the full height of the wall plane. 2 4. The current pattern of side setback and garage orientation in the neighborhood should be maintained. 5 . When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement. 6. In the Rl-a zone, windows on the side elevations should2 : a. Be fixed and obscured to a height of five feet above the second floor; b. Have permanent exterior louvers to a height of five feet above the second floor; or c. Have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy . C. Residential Design Review Principles. Two-story homes subject to design review per Section 19 .28.040(E) ( except in R 1-a zones) shall meet the residential design review principles below. The City of Cupertino Two-Story Design Principles are attached hereto as Appendix A and are incorporated herein by this reference . 1 . An identifiable architectural style shall be provided ; 2 . Design features , proportions and details shall be consistent with the architectural style selected; 3. Visual relief deemed to be appropriate by the Director of Community Development shall be provided; 4. Materials shall be of high quality; 5. Ensure building mass and scale; 6 . Design with architectural integrity on all sides of the structure; and 7. The design shall reflect symmetry, proportion and balance. Notes: Refer to the Eichler Design Handbook-Fairgrove Neighborhood for additional design guidelines in the Rl-6e zone . Nonconformance with the design guidelines in the Rl-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. (Ord. 2085, § 2 (part), 2011) 19.28.120 Landscape Requirements. To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of planting . A. Applicability. These requirements shall apply to new two-story homes, second-story decks , two-story additions, modifications to the existing second-story decks 19.28.120 Cupertino -Zoning 64 and/or new windows on ex1stmg two-story homes that increase privacy impacts on neighboring residents . 1. These requirements shall not apply to: a. Skylights; b. Windows with sills more than five feet above the finished second floor; c. Obscured, non-openable windows; d . Windows with permanent exterior louvers to a height of five feet above the second floor; e. Non-operable windows with obscure glass to a height of five feet above the second floor ; and f. When waivers have been obtained by all affected property owners. B. Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below. C. Planting Requirements. 1. Front yard tree planting . a . The tree shall be twenty-four-inch box or larger, with a minimum height of six feet. b. The tree shall be planted in front of new second stories in the front yard setback area . i. In the R 1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c . The Director of Community Development may waive the front yard tree based on a report from an internationally-certified arborist citing conflict with existing mature tree canopies onsite or in the public right-of-way . 2 . Privacy planting. a. New trees and /or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb . i. The following is required for all side and rear yard-facing second story windows in the Rl-6e zone: • Cover windows with exterior louvers to a height of five feet abo ve the second floor; or • Obscure glass to a height of five feet above the second floor; or • Have a window sill height of five feet minimum above the finished second floor. b. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. i. In the Rl-a zone, the minimum height of privac y trees at the time of planting shall be twelve feet. 2016 S-58 ii. In the Rl-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. c . The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit. 3. Waivers. a. New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development. b. Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. c . The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees , their species or location. 4. Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's Office that requires the retention of all privacy planting , or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section. 5. Maintenance. The required plants shall be maintained . Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. 6. Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development. (Ord. 16-2149, § 6, 2016; Ord . 2085, § 2 (part), 2011) 19.28.130 Exceptions. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28 .070, 19 . 28 . 080, and 19 . 28 . 110 may be granted by the Design Review Committee. The specific procedural requirements shall follow Chapter 19.12 . (Ord . 2085 , § 2 (part), 2011) 19 .28.140 Findings. Sections 19 .28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Re view , and R-1 Exception approval. A. Minor Residential Permit Findings. 1. The project is consistent with the Cupertino General Plan , any applicable specific plans, zoning ordinances and the purposes of this title . ) 19.32.010 CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES Section 19 .32.010 19.32 .020 19 .32.030 19 .32 .040 19.32.050 19.32.060 Purpose. Applicability of regulations. Permitted, conditional and excluded uses . Permits required for development. Site development regulations. Building development regulations. 19.32.010 Purpose. The residential duplex zoning district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit. The residential duplex district is intended to increase the variety of housing opportunities within the community while maintaining the existing neighborhood character. (Ord. 16-2149, § 7, 2016; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.32.020 Applicability of Regulations. A. No building, structure or land shall be hereafter erected, structurally altered or enlarged in an R-2 residential duplex district other than in conformance with the provisions of this chapter and other applicable provisions of this title. B. Reasonable Accommodation: Notwithstanding 19 .32 .020(A) above, a request for reasonable accommodation may be made by any p erso n with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.32.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Residential Duplex (R-2), are identified in Section 19.20.020. (Ord. 2085, § 2 (part), 2011) 19.32.040 Permits Required for Development. No building, structure or sign shall be erected, structurally altered, or enlarged, nor shall any landscaping or parking plan be implemented or modified in an R-2 zone, withou t permits pursuant to Chapter 19 .12 and 19 . 168 of the municipal code. (Ord. 2085, §2(part), 2011) 19.32.050 Site Development Regulations. Table 19 .32 .050 sets forth the rules and regulations pertaining to the site development of property zo ned residential duplex (R-2). Table 19.32.050: Site Development Regulations A. Lot size: 1. Minimum lot size 8,500 square feet 2. Minimum lot size by zoning Lot area shall correspond to the number (multiplied by two district symbol: thousand square feet) following the R-2 symbol. Example: R2-4.25 : Minimum lot size of 8,500 square feet (4.25 * 2,000 s.f.) B. Alternative standards to 19 .32.060 (A) 1. Legal non-conforming lots Existing legal lots of record must be :?. 7,500 square feet and fulfill all other applicable requirements of this title. 2016 S-58 73 19.32.050 Cupertino -Zoning 74 Table 19.32.050: Site Development Regulations (Cont.) B. Alternative standards to 19.32.060 (A) (Cont.) 2. If 50 % of more of net lot area Reduction in minimum lot size of no more 5 % of the net lot area is is adjacent to a curvilinear permitted street C. Lot Width at building setback line 1. Minimum width 70 feet 2. Lots with 9,000 square feet or 60 feet more and which front a cul-de-sac (Ord . 2085, § 2 (part), 2011) 19.32.060 Building Development Regulations. Table 19.32.060 sets forth the rules and regulations pertaining to the development of structures on property zoned residential duplex (R-2). Table 19.32.060: Building Development Regulations A. Maximum Lot Coverage by all 40 % of net lot area permanent buildings B. Maximum Height a. Buildings Two stories, not exceeding 30 feet b. Zoning districts with "i" suffix * Limited to one story (not to exceed 18 feet) c. Accessory Structures Limited to one story (not to exceed 15 feet) and must comply with all other regulations in Chapter 19.100 C. Fences Must comply with regulations in Chapter 19.48 D. Parking Must comply with regulations in Chapter 19.124 E. Minimum Setbacks First Floor Second Floor a. Front Yard i. Minimum Setback 20 feet 20 feet ii. Side entering garage 15 feet 20 feet with curved driveway b. Side yard i. Interior side 20% of lot width measured at front At least three feet more than first setback line and not less than six feet floor setback ii. Street side 12 feet 15 feet 2012 S-31 19.56.010 CHAPTER 19.56: DENSITY BO:N1JS Section 19.56 .010 19 .56.020 19.56.030 19 .56 .040 19.56.050 19.56.060 19 .56 .070 Purpose. Eligibility for density bonus. Density bonus . Incentives or concessions, waivers and reduction of parking standards . General requirements. Application requirements. Findings. 19.56.010 Purpose. The density bonus ordinance codified in this chapter is intended to comply with the State Density Bonus Law , Government Code Section 65915, which provides that a local agency shall adopt an ordinance specifying how the agency will comply with that section. (Ord . 16-2149, § 8, 2016) 19.56.020 Eligibility for Density Bonus. A. Housing developments resulting in a net increase of at least five units (excluding density bonus units) are eligible for a density bonus as provided in this chapter, when the applicant for the housing development agrees or proposes at least one of the following and meets the requirements of Section 19 .56 .020C, if applicable : 1. Construct: a . Ten percent of the total units affordable to lower income households at affordable rent or affordable housing cost; or b . Five percent of the total units affordable to very low income households at affordable rent or affordable housing cost; or c. Ten percent of the total units proposed in a common interest development for sale to moderate income households, provided that all units in the development are offered to the public for purchase; or d. A senior citizen housing development. 2. Donate land in accordance with Section 19.56.030C; 3. Provide affordable housing in a condominium conversion project in accordance with Section 19 .56 .030E . B . In addition to meeting the requirements of 19.56.020A , a housing development which includes a child 2016 S-58 105 care facility in accordance with Section 19 .56.030D, is entitled to an additional density bonus ; C. Housing developments on sites occupied by rental housing in the five-year period preceding the date of submittal of a density bonus application must either meet or provide : (1) Affordable units in accordance with Section 19 .56 .020A; or (2) Replacement affordable units in accordance with Government Code Section 65915(c)(3)(B), whichever requires a greater number of affordable units. D. An applicant may also submit a proposal for specific incentives or concessions to be granted in conjunction with the density bonus, as provided in Section 19 .56 .040; E . The granting of a density bonus, incentive or concession, in and of itself, shall not require a general plan amendment, zone change, or other discretionary approval and shall be reviewed concurrently with the review of the housing development. (Ord. 16-2149 , § 8, 2016) 19.56.030 Density Bonus. A. Housing developments that meet the criteria in Section 19 .5 6.020A(l) and Section 19 .56.020C, if applicable, are eligible for a maximum density bonus as set forth in Table 19.56.030 . · Table 19.56.030: Density Bonus Calculations Percentage of Density Bonus Percentage by Affordable Income Category Units Provided in Income Very Low Low Moderate Category Income Income Income Units Units Units 5 % 20% -- 6 % 22.5% -- 7 % 25% -- 8% 27.5% -- 9 % 30% -- 19.56.030 Percentage of Affordable Units Provided in Income Category 10% 11 % 12 % 13% 14 % 15% 16% 17% 18% 19% 20% 21 % 22% 23% 24% 25% 26% 27% 28% 29% 30% 31 % 32% 33% 34% 35% 2016 S-58 Cupertino -Zoning 106 Density Bonus Percentage by Income Category Very Low Low Moderate Income Income Income Units Units Units 32.5% 20% 5% 35% 22% 6% 35 % 23% 7% 35% 25% 8% 35% 26% 9 % 35 % 28% 10 % 35% 29% 11 % 35% 31 % 12% 35% 32% 13% 35% 34% 14% 35% 35% 15% 35% 35% 16% 35% 35% 17% 35% 35% 18 % 35% 35% 19% 35% 35% 20% 35% 35% 21 % 35% 35% 22% 35% 35% 23% 35% 35% 24% 35% 35% 25% 35% 35% 26% 35% 35% 27% 35% 35% 28% 35% 35% 29% 35% 35% 30% Percentage of Density Bonus Percentage by Affordable Income Category Units Provided in Income Very Low Low Moderate Category Income Income Income Units Units Units 36% 35% 35% 31 % 37% 35% 35% 32% 38% 35% 35% 33% 39% 35% 35% 34% 40% 35% 35% 35% B. Senior housing developments are entitled to a maximum density bonus of 20 percent provided the development comprises of at least 35 units , conforms to Civil Code Section 51. 3 and the units are reserved for qualifying residents . The development does not have to provide affordable units unless subject to Section 19.56.020C . C . Donation of Land : 1. When an applicant donates land to the City or to a housing developer approved by the City in accordance ) with the requirements of Section 19.56.030C(2) and meets the requirements of Section 19.56.020C, the development shall be entitled to a 15 percent density bonus. The development is entitled to an additional one percent density bonus for the donation of land that would allow the development of an additional one percent of affordable units above the minimum requirements in Section 19.56.020A(l), up to a maximum of 35 percent. 2 . The donation of land must meet the following requirements: a. The land shall be donated and transferred no later than the date of approval of the housing development, final subdivision map, parcel map, or building permit, whichever occurs first. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served at the time of construction, by adequate public facilities and infrastructure. 107 Density Bonus 19.56.030 d . The transferred land shall have all of the permits and approvals, other than building permits , necessary for the development of the very low income housing units on the transferred land no later than the date of approval of the final subdivision map, parcel map , or building permit , whichever occurs first, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer . e . The land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer. f. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development. g . A proposed source of funding for the very low income units shall be identified not later than the date of approval of the proposed housing development. h. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.56.050A, such deed restriction shall be recorded at the time of transfer. D. Provision of Child Day Care Facilities 1. When a housing development is proposed that contains affordable housing, as provided in Section 19 .56.030A and Section 19.56 .030C, and includes a child day care facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following if requested by the developer: a. An additional density bonus in residential square footage that is equal to or greater than the square footage of the child day care facility . b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child day care facility in accordance with Section 19.56 .040 . 2. The City shall also require that as a condition of approving the housing development: a. The child day care facility shall remain in operation for a period of time that is as Jong as or longer than the period of time during which the affordable units are required to remain affordable. b. Of the children who attend the child day care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low 2016 S-58 income households, lower income households, or families of moderate income . 3. Notwithstanding any requirement of Section 19 .56.030D , the City shall not be required to provide a density bonus or concession for a child day care facility if the City finds, based upon substantial evidence, that the City has adequate child day care facilities. E . Condominium Conversions I. When an applicant for approval of a condominium conversion agrees to provide at least 33 percent of the total units of the proposed condominium project to low or moderate income households, or 15 percent of the total units of the proposed condominium project to lower income households; to include the affordable units required by Section 19.56 .020C, if applicable, and agrees to pay for the reasonably necessary administrative costs incurred by the City, the City shall either: a . Grant a density bonus of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion; or b. Provide other incentives of equivalent financial value. This shall not require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver ofrequirements that the City might otherwise apply as conditions of conversion approval . 2. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as the City finds appropriate. The proposed lower or moderate income units shall be subject to a deed restriction ensuring continued affordability to lower or moderate income households consistent with Section 19.56 .050A. 3 . An application shall be ineligible for a density bonus or other incentives under this section, if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915 or this Chapter. 4. Nothing in this section shall be construed to require the City to approve a proposal for a condominium conversion . Condominium conversions are subject to the r e quirements of Chapter 19. I I 6 . F. Density Bonus Calculations: 1. A density bonus may be selected from only one category listed in Section 19. 56.020A(l), except that density bonuses for land donation may be combined with others, up to a maximum of 35 percent, and an additional square-foot bonus may be granted for a child day care facility as provided in Section 19.56.030C. 2 . In determining the number of density bonus units to be granted, any fractions of density bonus units shall be rounded up to the next whole number. 19.56.030 Cupertino -Zoning 108 3. Density bonus units authorized by this section shall not be included when determining the number of affordable units, required to qualify for the density bonus . In determining the number of affordable units required to qualify for a density bonus, any fractions of affordable units shall be rounded up to the next whole number. 4. An applicant may request a lower density bonus than the housing development is entitled to, but no reduction will be permitted in the percentage of required affordable units as shown in Section 19 .56 .020 or Section 19.56.020C. 5 . Regardless of the affordable units , no housing development will be entitled to a density bonus of more than 35 percent, unless approved by the City pursuant to Section 19 .56.030F(6). 6. The City, at its discretion, may grant a density bonus higher than the maximum set forth in Table 19. 56. 030 to a housing development where all units (except manager's unit(s)) are affordable to lower income households. 7. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The bonus units shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located . (Ord. 16-2149, § 8, 2016) 19.56.040 Incentives or Concessions, Waivers and Reduction of Parking Standards. A . Incentives or Concessions: 1. A housing development is eligible for incentives or concessions as shown in Table 19 .56.040A. Incentives or concessions must be selected from only one category (very low, low, or moderate). No incentives or concessions are available for land donation or for a senior citizen housing development that is not affordable. Condominium conversions and day care centers may have one incentive or concession, or a density bonus, at the City's option, but not both. Table 19.56.040A: Incentives or Concessions Calculations: Unit Type Percent of Number of Affordable Incentives/ Units Concessions Very Low 5 % or greater 1 Income Units 10 % or greater 2 15 % or greater 3 2016 S-58 Unit Type Percent of Number of Affordable Incentives/ Units Concessions Low Income 10 % or greater 1 Units 20 % or greater 2 30% or greater 3 Moderate 10 % or greater 1 Income Units 20 % or greater 2 30 % or greater 3 2. For purposes of this chapter, permissible incentives or concessions include, but are not limited to: a. A reduction of development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including but not limited to, a reduction in setback requirements, square footage or parking requirements, such that the reduction or modification results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed-use zoning in conjunction with the housing development if commercial, office, industrial or other land uses will reduce the cost of the housing development, and if the commercial, office, industrial or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located; c. Other regulatory incentives or concessions proposed by the developer or the City, whi ch result in identifiable, financially sufficient, and actual cost reductions . 3. Nothing in this section requires the provision of direct financial incentives for the housing development, including but not limited to the provision of financial subsidies, publicly owned land by the City or the waiver of fees or dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives; 4. A housing de ve lopment which requests incentives or concessions must demonstrate, in compliance with Section 19. 56. 060B, that the requested incentives or concessions are required to provide for affordable rents or affordable housing costs, as applicable. ) 108A Density Bonus 19.56.040 B . Waivers: 1. An applicant may submit to the City a proposal for the waive r or reduction of development standards that will have the effect of physically precluding the construction of a housing development meeting the criteria outlined in Section 19. 56.020 at the densities or with the concessions or incentives permitted under this chapter. 2. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to subject to Section 19 .56.040A. 3. The applicant shall demonstrate that the development standards that are requested to be waived will have the effect of physically precluding the construction of the development with the density bonuses and incentives or concessions. C . Reduction of Parking Standards: 1 . If a housing development is eligible for density bonus as provided in Section 19 .56.020, upon request of the applicant, the maximum off-street parking standards that can be applied to the housing portion of the development , inclusive of handicapped and guest parking are indicated in Table 19.56.040B. These may include tandem and uncovered parking spaces but not on-street parking spaces. Table 19.56.040B: Off-street parking standards for projects eligible for a density bonus: Number of Maximum number of required bedrooms off-street parking spaces 0 - 1 One (1) 2-3 Two (2) 4+ Two and one-half (2 .5) 2. For certain other housing developments that are eligible for a density bonus as provided in Section 19.56.020 , upon request of the applicant, the maximum off-street parking standards that can be applied for the housing portion of the development, inclusive of handicapped and guest parking, are indicated in Table 19.56.040C. These may include tandem and uncovered parking spaces but not on-street parking spaces . Table 19.56.040C: Off-street parking standards for certain housing developments: Type of development Maximum number of required off-street parking spaces 1. Rental or ownership housing development with: 0. 5 per bedroom a . At least 11 % very low income or 20% low income units; and b. Within one-half mile of a Major Transit Stop; and C. Unobstructed Access to the Major Transit Stop. 2. Rental housing development with: 0 .5 per unit a. All units affordable to lower income households except manager's unit(s); and b. Within one-half mile of a Major Transit Stop ; and C. Unobstructed Access to the Major Transit Stop. 3 . Rental housing development with: 0.5 per unit a. All units affordable to lower income households except manager's unit(s); and b. A senior citizen housing development ; and either C. Has paratransit service; or d. Is within one-half mile of fixed bus route service that operates 8 times per day, with Unobstructed Access to that service . 4. Rental housing development with: 0.3 per unit a. All units affordable to lower income households except manager's unit(s); and b . A Special Needs Housing development; and either C. Has paratransit service; or d . Is within one-half mile of fixed bus route service that operates 8 times per day, with Unobstructed Access to that service . 2016 S-58 19.56.040 Cupertino -Zoning 108B 3. If the City, at its cost, has conducted an area-wide or City-wide parking study in the last seven years, then the City may find, based on substantial evidence, that a higher parking ratio is required than shown in Table 19.56 .040C. In no event, may the required parking be greater than the ratio shown in Table 19.56 .040B. The parking study must conform to the requirements of Government Code Section 65915(p)(7). (Ord. 16-2149, § 8, 2016) 19.56.050 General Requirements. A. Affordable rental low and very low income units must remain affordable to low or very low income households, as applicable, for fifty-five (55) years or for a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program . Affordable for-sale moderate income units must remain affordable to moderate-income households for the duration required by Chapter 19 .172, Below Market Rate Housing Program and implementing procedures and policies adopted by the City Council, or for a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program. Sales price for for-sale affordable very low, low, and moderate income units shall be set at affordable housing cost . Rents for affordable low and very low income rental units shall be set at an affordable level. B . The affordable dwelling units and land dedication that qualify a housing development for a density bonus may also be used to meet the below-market-rate housing provisions of the City's Residential Housing Mitigation Program, provided that the affordable units and land dedication comply with the requirements of both Chapter 19.56, Density Bonus, Chapter 19.172, Below Market Rate Housing Program; and implementing procedures and policies adopted by the City Council regarding the required number of affordable units, required level of affordability, and term of affordability so as to provide the greatest affordability to the most households for the longest term . C . Unless otherwise governed by other funding sources, to the extent consistent with fair housing laws, preferences for the affordable units will be given as specified in Chapter 19.172 , Below Market Rate Housing Program, and implementing procedures and policies adopted by the City Council. D . An agreement shall be entered into between the developer and the City to ensure compliance with the provisions of this chapter and state law and shall include, without limitation the household type, number, location, size, affordability, and construction scheduling of all affordable units, and such information as shall be required 2016 S-58 by the City for the purpose of determining the developer's compliance with this chapter. For rental affordable very low and low income units, the agreement shall additionally contain, without limitation, provisions for certification of tenant incomes, reporting and monitoring of affordable units, and management and maintenance of affordable units. E . The agreement shall be recorded against the housing development prior to final or parcel map approval, or, prior to issuance of any building permits, whichever occurs first, and shall be binding on all future owners and successors in interest. F. Affordable units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market-rate units . G. Affordable units shall be provided as follows: 1. Affordable units shall be dispersed throughout the project; 2. Affordable units shall be identical with the design of any market rate rental units in the project with the exception that a reduction of interior amenities for affordable units will be permitted upon prior approval by the City Council as necessary to retain project affordability. H. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify the eligibility of the prospective tenant or buyer. All affordable units shall be occupied by the household type that qualified the housing development for the density bonus and incentives or concessions . I. The City may establish fees for processing applications under this chapter and recovery of costs associated with the establishment and monitoring of affordable units. (Ord. 16-2149, § 8, 2016) 19.56.060 Application Requirements. A. An applicant may submit a preliminary proposal for housing development for a density bonus and incentives or concessions prior to the submittal of any formal application. B. All requests pursuant to this Chapter shall be submitted to the City concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with the discretionary application following the review process as set forth for permits in Chapter 19 .12 , Administration, of the Cupertino Municipal Code established by the City . The applicant shall provide additional information as specified in this chapter , specifically: 1. A summary table showing the maximum number of units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by ) 108C Density Bonus 19.56 .060 income level, proposed bonus percentage, proposed number of density bonus units, and total number of proposed dwelling units on site; 2. A site plan, drawn to scale, showing the numb er and location of all proposed units, designating the location of proposed affordable units and density bonus units and the type, size, and construction scheduling of affordable and market-rate units; 3 . For a housing development that replaces rental housing on a site within the five-year period preceding the date of an application : a. A description and documentation of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are rented as of the date of application, income and household size of all residents of the occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units; and b. Documentation of recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application . 4. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and evidence that each of the requirements included in Section 19 .56.030C can be met. 5. If a density bonus or incentive or concession is requested for a child care facility, evidence that all of the requirements in Section 19 .56 .030D can be met. 6. If a density bonus or incentive or concession is requested for a condominium conversion, evidence that all of the requirements in Section 19. 56 . 030E can be met. 7. A written statement specifying the various incentives or concessions, waivers and reduction in off-street parking standards requested; 8. To ensure that each incentive or concession contributes significantly to the economic feasibility of the proposed affordable housing, for any incentive(s) or concession(s) requested, the following shall be submitted: a. A project financial report (w hich may be in the form of a pro forma) demonstrating that the requested incentive(s) or concession(s) will result in identifiable, financially sufficient , and actual cost reductions to the housing development and that they are required to provide for affordable rents or affordable housing costs, as applicable. The financial report shall include the capital costs , operating expenses, return on investment, 2016 S-58 loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s); b. An appraisal report indicating the value of the density bonus and of the incentive(s) or concession(s); and c. A use of funds statement identifying the financial gaps for the housing de velopment with the affordable housing units . The analysis shall show how the funding gap relates to the incentive(s) or concession(s); and d . A deposit to cover any expenses that the City expects to incur in retaining consultant(s) and in administering consultant contract(s) to provide a peer review of the above information. However, if the applicant is a federally recognized nonprofit organization proposing a housing development where all units (except manager's unit(s)) are affordable to lower income households, the cost of consultant(s) may be paid by the City upon prior approval of the City Council; 9 . For any requested waiver of a development standard, plans showing the existing development standard, the requested waiver and a demonstration that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions that the applicant is entitled to. 10 . If a mixed use building or project is proposed as an incentive or concession, evidence that non-residential land uses will reduce the cost of the housing development and that the non-residential land uses are compatible with the development and the existing or planned development in the area . 11 . If a parking reduction is proposed, a table showing parking otherwise required by the zoning ordinance and the proposed parking. If a parking reduction shown in Table 19.56.040C is requested, evidence that the housing development is eligible for the requested parking reduction . 12. Any other information requested by the Director of Community Development to determine if the required findings can be made . (Ord. 16-2149, § 8, 2016) 19.56.070 Findings. A. Before approving an application that includes a request for a density bonus, incentive or concession, waiver or reduction in parking standards, pursuant to this chapter, the decision-making body shall determine that the proposal is consistent with State Law by making the following findings, as applicable: 1. That the housing development is eligible for the density bonus requested and any incentives or concessions, waivers or reductions in parking standards requested . 19.56.070 Cupertino -Zoning 108D 2 . That all the requirements included in Section 19 .56 .030C have been met, if the density bonus is based all or in part on donation of land . 3. That all the requirements included in Section 19.56 .030D have been met, if the density bonus or incentive(s) or concession(s) are based all or in part on the inclusion of a child care facility. 4 . That all the requirements included in Section 19 .56 .030E have been met, if the density bonus or incentive or concession is based on a condominium conversion . 5. That the requested incentive(s) or concession(s) will result in identifiable, financially sufficient , and actual cost reductions based upon the financial analysis and documentation provided by the applicant and the findings of the peer-reviewer, if incentive(s) or concession(s) are requested (other than mixed use development). 6 . That the proposed non-residential land uses within the proposed development will reduce the cost of the housing development and are compatible with the housing development and the existing or planned development in the area where the proposed development will be located, if an incentive or concession is requested for mixed use development. 7. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted , if a waiver is requested . 8 . That all the applicable requirements in Section 19 .56 .040C have been met, if a reduction in off-street parking standards for an eligible housing development is requested. B. If the findings required by subsection (A) of this section, as applicable, can be made, the decision-making body may deny an application for an incentive or concession or waiver requested pursuant to Section 19 .56.040 onl y if one of the follo wing written findings as applicable to each type of application, supported by substantial evidence: 1. That the incentive or conc ession , or wai ver would have an adverse impact on real property listed in the California Register of Historic Resources; or 2. That the incentive or concession, or waiver would have a specific , adverse impact upon public health or safety or the physical environment , and there is no feasible method to satisfactorily mitigate or avoid the specific , adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection , "specific, adverse impact " means a significant, quantifiable , direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date 2016 S-58 that the application for the residential project was deemed complete ; or 3. That the incentive or concession, or waiver is contrary to state or federal law. C . An application for an incentive or concession may also be denied if the decision-making body makes the written finding, supported by substantial evidence, that the requested incentive or concession is not required to provide for affordable housing costs or affordable rents . D. If the findings required by subsection A. of this section can be made, the decision-making body may deny an application for a density bonus or incentive or concession that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that the city already has adequate child care facilities . (Ord. 16-2149 , § 8, 2016) Section 19.104 .010 19.104.020 19.104 .030 19 .104 .040 19.104.050 19.104 .060 19 .104 .070 19.104 .080 19 .104 .090 19.104.100 19 .104.110 19.104.120 19 .104.130 19.104 .140 19.104.150 19.104.160 19 .104 .170 19.104 .180 19.104 .190 19 .104.200 19 .104 .205 19 .104 .210 19 .104.220 19.104 .230 19.104.240 19.104.250 19 .104.260 19.104.270 19 .104 .280 2016 S-58 19.104.010 CHAPTER 19.104: SIGNS Purpose and intent. Applicability of regulations . Permit required. Sign permit application requirements . Sign permit application-Review criteria. Inspection requirements. Appeals. Obstructions prohibited. Construction and maintenance specifications. Signs exempt from permit requirements. Prohibited signs . Signs in special planning districts . Sign program-Applicability, requirements and findings. Permanent wall signs . Permanent window signs, blade signs & logos, symbols or insignias. Ground signs. Gasoline station signs. Electronic readerboard signs, changeable copy signs, exposed & visible neon signs, decorative statuary and beverage container recycling signs. Signs in and near residential districts . Freeway orientation . Message substitution . Landmark signs . Design criteria-Permanent signs. Illumination restrictions. Temporary signs-Location. Temporary signs-Flags, garage sales, political signs and subdivision signs. Temporary signs-Real estate signs and project announcement signs. Temporary signs-Special event banners, promotional devices, and portable signs and displays. Temporary window signs. 161 19.104.290 19.104.300 19.104.310 19.104.320 19.104 .330 19.104 .340 19.104.350 19.104.360 19.104.370 19 .104.380 Appendix A: Appendix B: Appendix C: Exception-Findings. Enforcement of provisions. Nonconforming signs. Abandoned or discontinued signs . Illegal signs on private property. Illegal signs in public right-of-way or on public property . Summary removal authorized. Illegal signs-Responsible party for costs and fees-Storage, reclamation and disposal of removed signs . Illegal signs-Deemed public nuisance-Court action authorized . Violation deemed infraction-Penalty . Example of How to Figure Size and Location of Ground Signs. Landmark Signs. Examples of Well Proportioned Signs; Examples of Signs Not Well Proportioned . 19.104.010 Purpose and Intent. A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City . B . A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community . C. The City has adopted this title with the intent to: 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping ; 2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 19.104.010 Cupertino -Zoning 162 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6 . Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. (Ord. 2085, § 2 (part), 2011; Ord . 1987 , (part), 2006; Ord. 1624, (part), 1993) 19.104.020 Applicability of Regulations. It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title . (Ord. 2085, § 2 (part), 2011) 19.104.030 Permit Required. All signs which are not exempted by Section 19.104 .100 require a sign permit to be approved by the Director. The Director shall review and approve, approve with conditions or deny the application within thirty calendar days from receiving an application for a sign. (Ord. 2085, § 2 (part), 2011) 19.104.040 Sign Permit Application Requirements. An application for sign approval shall, in addition to information required in Chapter 19.12, contain information regarding the size , color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site. (Ord . 2085, § 2 (part), 2011) 19.104. 050 Sign Permit Application-Review Criteria. The Approval Body shall review the sign application to ensure that the following criteria are met : A. The proposed sign meets the requirements of this title or any special conditions imposed in the development. B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. C. The sign is in conformance with the Design Criteria in Section 19.104 .220 . (Ord. 2085, § 2 (part), 2011) 19.104.060 Inspection Requirements. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 19 .104. 230. (Ord. 2085, § 2 (part), 2011) 19.104.070 Appeals. A decision by the Approval Body regarding the approval or revocation of a sign permit or removal of a sign may be appealed pursuant to Chapter 19.12. (Ord. 2085, § 2 (part), 2011) 2012 S-35 19.104.080 Obstructions Prohibited. No sign or other advertising structure shall be erected , relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. (Ord. 2085, § 2 (part), 2011) 19.104.090 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B . All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U .S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. C. All electrical, gas or other utility service and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer . E . No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F . All signs shall be maintained in safe , unbroken, and structurally sound manner , including the replacement or repair of any defective parts, painting , cleaning and any other work necessary to maintain the sign and any landscape planter associated with the sign. (Ord . 2085, § 2 (part), 2011) 19.104.100 Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations : A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; B. Garage Sale Signs . Garage sale signs subject to the limitations in Section 19 .104. 250 and Chapter 5. 16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D . Identification Signs . Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feet in area. No ) 173 19.104.205 Message Substitution. A . Subject to the private property owner's consent, a constitutionally protected noncommercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message , provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. Message substitution is a continuing right which may be exercised any number of times . B . The message substitution right does not: 1. Create a right to increase the total amount of sign display area on a site or parcel; 2 . Create a right to substitute an off-site commercial message in place of an onsite commercial message or in place of a noncommercial message; 3. Affect the requirement that a sign structure or mounting device must be properly permitted; 4 . Authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or 5. Authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally-applicable rules for sign size , height, orientation, setback, separation or illumination. (Ord. 16-2149, § 9, 2016) 19.104.210 Landmark Signs. Existing ground signs that have been designated by the City as Landmark Signs (see Appendix B: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section 19 .104.310. A. Such signs may be structurally reinforced or rebuilt, after damage or destruction , to its original design and specifications. B . Minor modifications to such signs may be allo wed such that they do not distract from or alter the unique architectural style of the sign , with a Director's Minor Modification . (Ord . 2085, § 2 (part), 2011) 19.104.220 Design Criteria-Permanent Signs. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid , attractive, well proportioned and balanced appearance . The size and shape 2016 S-58 Signs 19.104.205 of the frame or base shall be proportionate to the size and weight of the sign. Low signs are generally more appropriate on a base, whereas taller signs are generally more appropriate in a frame . (See Appendix C, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned , on file in the City Clerk and the Planning Department, for examples .) B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels for multi-tenant ground signs should be harmonious in muted colors. E . Sign copy shall be simple and concise, without excessive description of services or products. F. Internally illuminated signs shall not have a directly visible light source. G. The sign's color and illumination shall not produce distraction to motorists or nearby residents. (Ord. 2085 , § 2 (part), 2011) 19.104.230 Illumination Restrictions. A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts . All other districts shall not exceed approximately one hundred foot-lamberts . The foot-lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or residents in the surrounding neighborhood. B. The color and thickness of the sign panels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. C . Illuminated signs which are not a necessary part of the security lighting system for a business shall be turned off at eleven p .m . or within two hours after the business is closed, whichever is the later time . D. All exterior lighting shall be placed in a manner so that the light source will not be seen from off the site . (Ord. 2085 , § 2 (part), 2011) 19.104.240 Temporary Signs-Location. A. Unless otherwise provided for in this chapter, it is unlawful for any person to, place, paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, including but not limited to : • sidewalk, crosswalk, curb, curbstone, fence, wall , • public playground equipment and/or facilities, 19.104.240 Cupertino -Zoning 174 • street lamp post, hydrant, tree, shrub, tree stake or guard, • railroad bridge or crossing, • pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, • public bridge, • drinking fountain, • street sign, traffic sign, Use/ Size Time Zoning Period Maximum Maximum Area Height • traffic control pole or cabinet, • utility transformer vaults, or • Any other building , structure or device permanently affixed on public property . B. It is unlawful for any person to place, post or otherwise affix, any temporary sign, in the public right-of-way, except as provided in this chapter. The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property . C . Unless otherwise provided for in this chapter, all temporary signs shall comply with the following : Location Review Criteria All 4 s .f. per 3 ft . All signs • Shall not be located on the street or on • Two sides side may only street medians. maximum be • May only be located in the public right-of-• Shall not be displayed way of residential or institutional districts. illuminated. between For Political Signs see Section • Shall not sunrise 19.104.250(C). restrict in any and sunset • Shall maintain 36 inches of clear and way the safe continuous width along a sidewalk or vision of any pathway plus any other area needed for vehicular or handicapped accessibil ity. pedestrian traffic • All parts of the sign shall be set back or obstruct any minimum 18 inches from the face of the directional or curb or from the edge of the street , bicycle safety signs or vehicle travel lane, whichever is the permitted by the greatest distance from the edge of the street, City. bicycle or vehicle travel lane . D . Unless otherwise specified in this chapter, persons who place temporary signs : 1. On private property shall obtain the oral or written consent of the owner or person entitled to possession of that property and 2. In public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. For Political Signs see Section 19 .104 .250(C) · E. The provisions of Section 19.104 .24 0(B), (C), and (D) shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2 . The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3 . The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal A venue; 4 . The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 2016 S-5 8 5 . The maintenance of hazard markers or emergency signs. (Ord. 2098, (part), 2012; Ord . 2085, § 2 (part), 2011) 19 .104 .250 Temporary Signs-Flags, Garage Sales, Political Signs and Subdivision Signs. Table 19 . 104. 250 sets forth the rules , regulations and processing applicable to Temporary Signs -Flags, Garage Sales, Political Signs and Subdivision Signs. (Ord. 2098, (part), 2012; Ord . 2085, § 2 (part), 2011) 19.104.260 Temporary Signs-Real Estate Signs and Project Announcement Signs. Table 19 .104 . 260 sets forth the rules, regul ations and processing applicable to Temporary Signs -Residential Real Estate, Non-residential Real Estate Signs and Project Announcement Signs. (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) [Tables begin on next page .] 207 Parking Regulations 19.124.030 Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) 3 . Parking within Structures Vehicles are permitted to be placed , kept or parked in any legal structure, provided that A(4)(ii) is met. 4 . Non-Self-Propelled Vehicles i. A maximum of two such vehicles are permitted to be placed, kept or parked outside a legal structure on a lot. ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. 5 . Enclosed Garage Size i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each (a total of 20 feet by 20 feet) and ii . Shall provide unobstructed (i.e ., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. 6. Legal Non-conforming Single-family Dwelling i . May continue nonconformity provided that the Garages square footage necessary to accommodate a conforming garage be reserved from the allowable floor area ratio for a future garage upgrade . ii. A legal non-conforming parking facility may be structurally altered, improved, and/6r enlarged in conformance with other provisions of this code . No reduction in size is permitted. 7. Mobilehomes Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as provided by State law. 8. Living or Sleeping Quarters No vehicle shall be used for living or sleeping quarters , except as permitted below . a . Mobilehome park Vehicles located in a mobilehome park and used consistent with any City regulations applicable to mobilehome parks are permitted . b . Trailers, Campers or Recreational Vehicles Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a period not to exceed seventy-two hours where the trailer, camper or recreational vehicle is located on the resident's property . B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in Nonresidential Zones. 1. Parking consistent with allowed uses in that zone It is unlawful for any person to place, keep or maintain or permit to be placed, kept or maintained, any vehicle upon any lot, place or parcel of land within the nonresidential zones of the City, except for storage, sale or business use as permitted in such zones . 2016 S-58 19.124.030 Cupertino -Zoning 208 2 . Construction Trailers Trailers may be used for temporary offices on construction sites provided that a permit is obtained from the City Building Department after satisfactory information has been given that the use is in compliance with the conditions of this chapter. 3. Loading and Unloading and Utility Vehicles The provisions of this chapter are inapplicable to active loading or unloading of any vehicle or to any public service or utility company vehicles while in the performance of service or maintenance work. 4. Parking on Vacant Lots No vehicle may be parked, kept, or stored upon any vacant or unimproved parcel within the City . 5. Other Parking Regulations As outlined in Title 11 of the Municipal Code (Ord . 16-2150 , § 1, 2016 ; Ord. 2085, § 2 (part), 2011) 19.124.040 Regulations for Off-Street Parking. Table 19 .124 .040 sets for the rules and regulations for Off-Street Parking. Table 19.124.040 -Regulations for Off-Street Parking A. Parking Ratio and Dimensions Table 19.124 .040(A) defines the minimum and maximum required number of parking spaces by size and type for specific zoning districts and use within districts. B. Residential Lots Fronting on If no on-street parking is available, two additional off-street spaces ) Public or Private Streets are required. C . Large-Family Day Care Home Requirements are in addition to minimum requirements of the zoning district. May be on-street, in front of provider's residence . If the provider is relying on on-street parking and the roadway prohibits on-street parking, a semi-circular driveway may be provided, subject to other provisions of the Municipal Code. 1. Non-resident Employee Parking Minimum of one parking space for each non-resident employee. 2. Drop-off Parking Minimum of one parking space with direct access to the unit, not crossing a street. D. Aisle Dimensions Aisle dimension shall be as required by standard details adopted by the City Engineer and shown in Table 19.124 .040(B) E. Loading Areas Loading areas, truck parking spaces and parking spaces for vehicles other than automobiles shall have ample dimensions for the particular use and type of operation, and be designed as required by the City Engineer except in the case of loading areas in the OP and MP zones which are specified in Chapters 19 .68 and 19.72 . F . Planned Development Districts The parking requirement contained in Table 19 .124 .040(A) functions as guidelines for projects in planned development zoning districts . 2016 S-58 209 Parking Regulations 19.124.040 Table 19.124.040 -Regulations for Off-Street Parking (Cont.) G. Mixed-Use and Shared Parking The minimum parking requirement for developments with more than one land use, or parking facilities being used by one or more properties, shall be determined using Table 19.124.040(C). H . Alternative Parking Standards For all projects not meeting parking requirements in Table 19 .124 .040(A), (B) or (C), alternative parking arrangements may be approved per Section 19 .124 . 060C I. Tandem, Valet and Other Tandem, Valet, and other special forms of parking may be approved Special Parking Arrangements per Section 19.124.060C. J . Minimum Stall Dimensions in Uni-size space located in a parking garage or other enclosed parking Parking Structures structure intended for non-residential uses is eight and one-half (8.5) feet by eighteen (18) feet. 1. Space adjacent to a wall or Nine feet by eighteen feet. structure on one side 2. Space adjacent to a wall or Nine and one-half feet by eighteen feet. structure on both sides K. Accessible Parking for the The accessible parking requirement for the disabled is embodied in Disabled Section 1129 B of the California Building Code, as amended, is hereby incorporated into this chapter by reference . L. Heavy Equipment 1. May only be stored within entirely enclosed structures or behind six-foot-high fencing in interior side yard and rear yard setback areas; and 2. In no case shall these items be visible from the street even when placed in permitted areas. 3. The provisions in L(l) and L(2) shall not apply to heavy equipment stored on site that is being used for construction or installation of improvements with a valid building or grading permit. M. Other Regulations Outlined in Title 11 of the Municipal Code. N. Landscape Requirements Applicable to all new centers and centers with a twenty-five percent or greater increase in floor area or a twenty-five percent or greater change in floor area resulting from use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements . However, the Planning Commission and/or City Council may recommend additional landscaping. 1. Minimum Interior Landscaping As required in Table 19 .124.040 (N)(l) below : Table 19.124 .040(N)(l): Size of Parking Facility Landscaping (Sq. Minimum Required (% of Total Parking Interior Ft.) Facility Area) Under 14 ,999 5% 15,000 -29,000 7 .5% 30,000 plus 10% 2016 S-58 19.124.040 Cupertino -Zoning 210 Table 19.124.040 -Regulations for Off-Street Parking (Cont.) N. (Cont.) 2. Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five parking stalls for every ten spaces in a single row . ii . Only fifty percent of the trees located along the perimeter of the parking area may count towards the required number of trees. iii. A parking facility with larger trees with high canopies may be allowed to increase the number of parking stalls (up to 10 parking stalls per tree) depending on the size of the tree and canopy size. 3. Landscape Planter Strip At least three feet wide by the length of the parking space. 4. Placement of Trees Shall be offset to prevent vehicles from bumping into them. The Planning Department shall review and approve final tree locations. 5. Landscape Buffer (inclusive of i. When parking lot is adjacent to a street, landscape buffer = ten curbing and vehicle overhang feet wide allowance) ii. When adjacent to a side or rear property line, landscape buffer = five feet wide, iii . Buffer between double loading stalls = four feet. 6. Flat and Raised Curbs, Wheel i. Landscape areas shall be enclosed by a six-inch wide continuous Stops and Overhang into flat curb allowing parking lot run off into landscaping area, landscaped areas infiltration islands or swales. ii. Concrete wheel stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls. ) iii. Landscape planter strips at the end of the parking aisles adjacent to a driveway shall be enclosed by a six-inch raised concreted curb with drainage outlets to help delineate the driveways or aisles . iv. Parking stall length may be decreased by up to two feet but must provide an equivalent vehicle overhang into landscaped areas. 7. Planter Strips i. Curbed planter strips shall be provided at the end of each parking aisle. ii. Landscape planter strip shall be at least three feet wide and the length of a parking stall. 8 . Pedestrian Paths Where appropriate, provision shall be made to ensure that adequate pedestrian paths are provided throughout the parking lot/landscaped areas. 9. Minimum Tree Size Trees require to meet any section of this title shall be a minimum of fifteen gallon size. 10 . Tree Protection All trees shall be protected by wheel stops, curbing, bollards or other similar barriers as appropriate . 11. Maintenance All landscaping shall be continuously maintained. 0. Swales and Permeable Surfaces In order to reduce urban runoff and provide water quality benefits in parking lots, all new parking lots or any substantial alterations to existing parking lots shall incorporate the following design measures to the maximum extent possible: 1. Bio-swales Incorporate bio-swales in the required landscaping buffers . 2016 S-58 213 Parking Regulations 19.124.040 R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table 19.124.040(A): Table 19.U4.040(A) Land Use Zones Parking Ratioc 2> Bicycle Bicycle Stall Parking Parking ClassC4> Dimensionsc3> Residential Single-Family R-1/RHS/ 4/DU (2 garage + 2 10 x 20 ea. Al/P open) Small Lot p 2 .8/DU (2 garage + 10 x 20 ea. Single-family, 0.8 open) Townhouse Duplex R2 3/DU (1 ½ enclosed 10 x 20 ea. + 1 ½ open) High Density R3/P 2/DU (1 covered + 1 1 space per 2 Class I 9.5 x 20 ea. Multiple-Family, open) residential units; and High Density Multiple Story 1 space per 10 Class II Condominium residential units Public/Quasi-Public/ Agriculture Churches, Clubs, BQ /CG 1/4 seats + 2 % of seats . Class II Uni-size Lodges, Theaters 1/employee + Minimum two 1/special-purpose spaces vehicle Schools and School BA /BQ 1/employee + 1/56 1 space per 5 Class II Uni-size Offices sq. ft. multipurpose students room + 8 visitor spaces/school + 1/3 students at senior H. S. or college level Daycare Centers CG 1/ 6. 5 students Uni-size Martial Arts, CG CG 1/4 students plus 1/1 1 space per 5 Class II Uni-size Dance/ Art/Music staff at any given students Studios, Tutorial time or 1/250 Services, whichever is more specialized schools restrictive (does not include adult tutorial schools or services) Agriculture A 2 garage + 2 open 10 x 20 ea. Sanitariums and BQ 1/doctor + 1/3 Uni-size Rest Homes employees + 1/6 beds 2016 S-58 19.124.040 Cupertino -Zoning 214 Table 19.124.040(A) (Cont.) Land Use Zones Parking Ratio<2> Bicycle Bicycle Stall Parking Parking Class<4> DimensionsC3> Private Recreation FP 1/4 seats + 1/5 ,000 sq. ft . Class II Uni-size 1/employee Minimum two spaces Gyms, Auditoriums, BA /BQ 1/56 sq . ft. purposes 1/5,000 sq. ft. Class II Uni-size floor area used + 1/employee Minimum two Skating Rinks for spaces seating without fixed seats Commercial Motels/Hotels/ CG 1/unit + 1/employee 1/20,000 sq. ft. Class II Uni-size Lodging (2) (3) Minimum two spaces Restaurant/Bar and CG 1/3 seats + 1/2,000 sq . ft . Class II Uni-size Nightclubs 1/employee + 1/36 Minimum two sq . ft. of dance floor spaces Restaurants without CG 1/4 seats + 1/2,000 sq . ft. Class II Uni-size Separate Bar I/employee + 1/36 Minimum two sq. ft. of dance floor spaces ) Restaurant -Fast CG 1/3 seats + 1/2,000 sq. ft. Class II Uni-size Food I/employee Minimum two spaces Specialty Foods CG 1/3 seats or 1/250 sq. 1/2,000 sq . ft . Class II Uni-size ft. whichever is more Minimum two spaces Bowling Alleys CG 7 /lane + 1/employee 1/5,000 sq. ft. Class II Uni-size Minimum two spaces General CG 1/250 sq. ft. 1/1,250 sq. ft. Class II Uni-size up to 25,000 sq . ft. 1/2,500 sq. ft. between 25,000 -50,000 sq. ft. 1/5,000 sq . ft. over 50,000 sq . ft . 1/5,000 sq. ft. Bulky Merchandise (5) 2016 S-58 215 Parking Regulations 19.124.040 Table 19.124.040(A) (Cont.) Land Use Zones Parking Ratioc2l Bicycle Bicycle Stall Parking Parking ClassC4l Dimensionsc3i Industrial Manufacturing ML 1/450 sq . ft . 1/12 ,000 sq . ft . Class I Uni-size Minimum two spaces Office/Prototype ML/OA 1/285 sq. ft . 1/1,250 sq. ft. Class I Uni-size Manufacturing or 1/15 employees, whichever is more restrictive . Office Corporate/ CG/OP 1/285 sq. ft. 1/1,250 sq . ft. Class I Uni-size Administrative/ or 1/15 General employees, Multi-Tenant whichever is more restrictive. Medical and Dental CG 1/175 sq. ft. 1/1,250 sq . ft . Class II Uni-size Office Notes : 1. Refer to Table 19 .124 .040(B) for uni-size stall dimensions. 2 . Refer to standard details table for requirements for handicapped parking . 3. See 19 .124 .040(J) for stall dimensions in parking structures. 4. See 19 .124.040(P) for description of bicycle parking classes . 5. Retail space devoted to the handling of bulky merchandise such as motor vehicles , machinery or furniture, excluding grocery stores. Table 19.124.040(B) Type of Parking Angle (In Stall Width Aisle Width Aisle Width Car Space Stall Degrees) (One-Way (Two-Way Depth Aisle) Aisle) (A) (B) (B) (C) Uni-Size oo 8 .5 10.0 18.0 22.0 30 ° 8 .5 10.0 18.0 18.0 35 ° 8 .5 10 .0 18 .0 18 .0 2016 S-58 19.124.040 Cupertino -Zoning Table 19.124.040(B) (Cont.) Type of Parking Angle (In Stall Width Aisle Width Aisle Width Stall Degrees) (One-Way (Two-Way Aisle) Aisle) (A) (B) (B) 40° 8.5 10 .0 18 .0 45 ° 8 .5 10.0 18 .0 50 ° 8.5 10 .0 18 .0 55 ° 8 .5 11.5 18 .5 60 ° 8.5 13.0 19.0 65 ° 8.5 14.5 19.5 70 ° 8 .5 16.0 20 .0 90 ° 8.5 NI A 22.0 NOTES TO TABLE : * -For handicap accessible spaces, please refer to§ 1118A.4 of 1994 Uniform Building Code . * -For further information, please refer to the Public Works Department Standard Details . D 2016 S-58 216 Car Space Depth (C) 18 .0 18.0 18 .0 18.0 18 .0 18 .0 18.0 18.0 217 Parking Regulations 19.124.040 Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments Weekday Weekend Nighttime Weekday Weekend Nighttime Daytime Evening Daytime Evening (midnight - (9:00 a.m. -(6:00 p.m. -(9:00 a.m. -(6:00 p.m. - 6:00 a.m.) 4:00 p.m.) midnight) 4:00 p.m.) midnight) Residential 75% 100% 80% 100% 100% Office/Industrial 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 10% Restaurant 100% 100% 100% 100% 10% Entertainment/ 40% 100% 80% 100% 10% Recreational 1. Determine the minimum amount of parking required for each land use as though it were a separate use; 2 . Multiply each amount by the corresponding percentage for each of the five time periods; 3. Calculate the column total for each time period; 4. The column total with the highest value is the parking space requirement. (Ord. 16-2150, § 2, 2016; Ord . 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord . 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part), 1993; Ord . 1601, Exh . A (part), 1992) 19.124.050 Exceptions-Approval Authority. A . The Director of Community Development may approve the following exceptions upon making the written findings in Section 19.124.060: 1. Exceptions to this chapter for properties located in: a. The Single-Family (R-1) Residential Zoning District; b . The Duplex (R2) Zoning District; 2. Single Family homes or duplexes in a Planned Development District; 2 . Tandem parking arrangements in residential zoning districts . B. The Design Review Committee may approve parking exceptions for Minor applications as identified in Section 19.12 .030, upon making written findings in Section 19.124.060; C. The Planning Commission may approve parking exceptions for Major applications as identified in Section 19.12.030, upon making written findings in Section 19.124 .060 . (Ord. 2085, § 2 (part), 2011) 2016 S-58 19.124.060 Exceptions-Findings. Exceptions to this chapter may be granted as provided in this section . A. Findings for an exception to allow substandard sized parking spaces in an enclosed garage in the R-1 Single-Family Zoning District : 1. The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. 2 . The exception to be granted will not preclude the garage from being used to park two standard-si zed vehicles. B . Findings for all other parking exceptions to this chapter : 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter . 2. The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3 . The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose . 19.124.060 Cupertino -Zoning 4. The proposed exception will not result in significant impacts to neighboring properties. C. Projects proposing Alternative Parking Standards per Section 19 .124.040(H) shall meet the following conditions in addition to 19.124.060(B)(l)-(4): a. The applicant submits a detailed parking study which demonstrates that the proposed use is compatible with the proposed parking supply. Adjacent on-street parking may be included in the parking supply. b . The project is owned or managed by a single entity. c. If adjacent properties are used to share parking , they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land . (Ord. 2085, § 2 (part), 2011; Ord. 2056 , (part), 2010 ; Ord . 1940, (part), 2004) 2016 S-58 218 ) 25 Comprehensive Ordinance List Ord. No. Ord. No. 1458 Special election on bond issuance for 1483 Amends § 11.24.180, diagonal parking park, recreational and open space (11.24) improvements (Special) 1484 Amends Ord . 2(d), zoning (Repealed 1459 Amends §§ 2 .32.010 and 2.32.020, by 1601) Planning Commission (2 .32) 1485 Amends § 3.12.030(A), transient 1460 Amends §§ 2.36.010 and 2 .36 .020, occupancy tax (3 .12) Parks and Recreation Commission 1486 Rezone (Special) (2.36) 1487 Amends § 2.16 .020, City Council 1461 Amends §§ 2 .38 .010 and 2.38.020, salaries (2.16) Energy Commission (Repealed by 1488 Amends § 4. l(a) of Ord. 652, zoning 1581) (Not codified) 1462 Amends § 2.44.040, Architectural and 1489 Urgency water conservation Site Approval Committee (Repealed by restrictions and regulations (Not 1630) codified) 1463 Amends §§ 2.60.010 and 2 .60.020, 1490 Rezone (Special) Public Safety Commission (2 .60) 1491 (Number not used) 1464 Amends§§ 2 .68 .010 and 2.68.020 , 1492 Amends § 15.12.110, waterworks Library Commission (2 . 68) system regulations and enforcement 1465 Amends§§ 2 .74.010 and 2 .74.020, (Repealed by 1776) Cable Television Advisory Committee 1493 Adds §§ 16.04.047, 16.04 .048 and (2 .74) 16.16.045; amends §§ 16.04.010, 1466 Amends§§ 2.80.010 and 2.80 .020, 16.04.040, 16 .16 .010 , 16 .20.010, Fine Arts Commission (2.80) 16 .24.010, 16.40.010, 16.40 .030, 1467 Amends § 11.24.150, prohibited 16 .40.040, 16 .40 .060, 16.40.080 and parking (11.24) 16.56 .010, buildings and construction; 1468 Rezone (Special) repeals§§ 16.20 .035 , 16.40 .050 and 1469 Prezone (Special) 16.40.070 (Repealed by 1711) 1470 Zoning (Special) 1494 Rezone (Special) 1471 Rezone (Special) 1495 Amends Ord. 321, zoning (Repealed 1472 Amends § 5.20.110, peddlers and by 1601) solicitors (5.20) 1496 Amends§ 6.4 of Ord. 652, zoning 1473 Amends § 2.38 .010 , Energy (Repealed by 1601) Commission (Repealed by 1581) 1497 Adds § l.12 .010(A)(3), general 1474 Rezone (Special) penalty (1.12) 1475 Amends § 2.40.030 , Disaster Council 1498 Rezone (Special) (2.40) 1499 Rezone (Special) 1476 Amends§§ 11.24 .160 and 11.24 .170, 1500 Amends § 11.24 .200, stopping , parking restrictions (11.24) standing and parking on public streets 1477 Amends§ 6 of Ord . 1344 , zoning (Not (11.24) codified) 1501 Adds § 8. 08. 525, animal and rabies 1478 Concurrent sales of alcoholic control (Repealed by 1631) beverages and gasoline (5.44) 1502 Rezone (Special) (Renumbered as Ch . 19 .132 by Ord . 1503 Rezone (Special) 2085) 1504 Rezone (Special) 1479 Adds Ch . 14.05, park maintenance 1505 Amends Ch. 5.20, solicitors (5 .20) fees, and amends § 14 .04 .040 , street 1506 Adds§ 3 .24.085, purchase of supplies improvements (14 .04, 14 .05) and equipment (Repealed by 1582) 1480 Amends § 2.48.020, city departments 1507 Amends Table 11. 12 .030, speed limits (2.48) (11.12) 1481 Amends§ 6.28 .030, CATV franchises 1508 Amends § 2 .01 of Ord. 1489, urgency (Repealed by 1703) water conservation re strictions and 1482 Amends § 11.20 .030, stop regulations (Not codified) intersections (11.20) 1509 Rezone (Special) 2012S-31 Cupertino -Comprehensive Ordinance List 26 Ord. No . Ord. No. 1510 Amends Res. 468, Planning 1541 Temporary conditional use permits Commission (Not codified) (Not codified) 1511 Rezone (Special) 1542 Amends § 11.12.030, speed limits 1512 Repeals § 7 of Ord. 1489, urgency (11.12) water conservation restrictions and 1543 Amends Ord. 778, heritage and regulations (Not codified) specimen trees (14.18) 1513 Water conservation (15.32) 1544 Amends § 11.08 .250, bicycles (11.08) 1514 (Repealed by 1612) 1545 Amends § 11.24.160, parking (11.24) 1515 Rezone (Special) 1546 Amends§§ 1.09 .060, 1.09 .140; 1516 Amends § 14.04 .200 (A), street repeals and replaces 1.09.070, improvements ( 14. 04) nuisance abatement (1.09) 1517 Amends§ 11.08.250, bicycle lane 1547 Amends§§ 11.24.150 and 11.24 .160, designation ( 11. 08) parking regulations (11.24) 1518 Amends § 11.24.160, stopping, 1548 Amends § 11.12.030, speed limits standing and parking on public streets (11.12) (11 .24) 1549 Amends § 2.32 .050, Planning 1519 Amends § 16 .56.030, Uniform Commission meetings (15.49) Housing Code (Repealed by 1710) 1550 Prezone (Special) 1520 Amends (A) of§ 3 .12 .030, alternate 1551 Amends §§ 2.20 .030, 2.20.040, sales and use tax (3 .12) 2 .20.050, 2 .20 .070, 2.20.080, 1521 Amends § 11.24.150, parking (11.24) 2.20 .100 and 2 .20.110, city clerk 1522 Rezone (Special) (2.20) 1523 Rezone (Special) 1552 Amends § 11.20 .020, traffic 1524 Water conservation (15.32) regulations (11.20) 1525 Adds Ch . 16.42, toxic gases (16.42) 1553 Amends § 11.24.150, parking ) 1526 Amends §§ 10.26.090 -10.26 . 130, regulations (11. 24) alarm systems ( 10. 26) 1554 Rezone (Special) 1527 Adds§ 12 .2 to Ord . 1449, § 7.3 to 1555 Adds Ch. 9.20, off-site hazardous Ord . 575, § 4.3 to Ord. 779, § 13.2 to waste facilities (9. 20) Ord. 1452, § 13.2 to Ord. 1451 and 1556 Amends§ 11.12 .030, speed limits § 15.2 to Ord . 1450, zoning (Repealed (11.12) by 1601) 1557 Amends §§ 11 .20.020, traffic 1528 Rezone (Special) regulations (11. 20) 1529 Amends § 3 .32.050, construction tax 1558 Water conservation (15 .32) (3 .32) 1559 Prezone (Special) 1530 Rezone (Special) 1560 Amends § 11.08.160, bicycles (11.08) 1531 Adds Ch. 16.60, unreinforced masonry 1561 Amends § 2.08.090(A), City Council buildings (Repealed by 1777) meetings (2. 08) 1532 Adds Ch. 10.30, elimination of bodily 1562 Amends § 11.24.150, parking waste in public (10.30) regulations (11. 24) 1533 Amends Ord . 1532 and § 10.30 .030 , 1563 Amends § 3.12 .030(A), transient elimination of bodily waste in public occupancy tax (3 .12) (10 .30) 1564 Amends § 11.24 .150 , parking 1534 Adds Ch. 3 .34, utility users excise tax regulations (11.24) (3.34) 1565 PERS contract amendment (Special) 1535 Adds Ch. 2.84, Environmental Review 1566 Amends§ 11.12 .030, speed limits Committee (2 .84) (11.12) 1536 Rezone (Special) 1567 Amends Ch. 16 .16, electrical code 1537 Rezone (Special) (Repealed by 1707) 1538 Adds Ch. 11.37, overweight vehicle 1568 Amends § 128.1 of Ord . 220(1), permit (11.37) zoning (Not codified) 1539 Rezone (Special) 1569 Adds§§ 19.21.080--19 .21.140, zoning 1540 Approves certain development (19.52) (Renumbered to§§ 19.56.010 agreement (Special) -19 .56 .060 by Ord. 2085) (Ch . 19 .56 Repealed by Ord . 16-2149) 2016 S-58 29 Comprehensive Ordinance List Ord. No. Ord. No. fences; adds§ 19.76 .070, and 1651 Adds subsection C to § 14 .24.040 ; subsections (D)(4) to § 19 .28.060 and repeals subsection D of§ 14.24 .080, (C) to; amends§§ 19.08 .030 , underground utilities--new 19 .24 .030(D), 19 .28.070, de ve lopments (14 .24) [19.48 .030B, C and DJ , 19 .48.050(A ) 1652 Adds§§ 14 .04 .175 and 14 .04 .176 ; and (B), 19.48.070(A), 19.48.080, amends §§ 14 .04 .0lO(H) and (I), 19.48 .090(A), 19.56 .040, 19.56 .070, 14 .04.110 and 14.04 .160(B), street 19.64 .040(A), 19 .80 .030(B)(2), improvements (14 .04) 19 .92.040, 19 .100 .030 , 1653 Adds Art. 14 to Title 18, street facility 19 .104 .030(A), 19 .104 .040(A), reimbursement charges (18.56) 19.120.040, 19.124.040 , 19.128.030, 1654 Amends§ 19 .08 .030, zoning (19 .08) 19.128 .040, zoning (14.15 (Repealed 1655 Amends§§ 17.24 .130 , 17.32.040, by Ord . 2058), 16 .28 (Repealed by 17.44.030 and 17.44 .080, signs Ord . 2085), 19 .08, 19.24 (Repealed by (17 .24, 17 .32, 17.44) Ord . 2085), 19 .28 (Repealed by Ord. 1656 Amends §§ 19.04 .090, 19.48 .090 2085), 19.48 (Repealed by Ord . 2073), [19.48.070] and 19.124.030, zoning 19 .56 (Repealed by Ord . 16-2149), (19 .04 , 19.48 (Repealed by Ord . 19 .64 (Repealed by Ord. 2085), 19 .76 2073), 19 .124 (Repealed by Ord. (Repealed by Ord . 2085), 19 .80 2073)) (Repealed by Ord . 2085), 19 .92 1657 Amends§§ 19 .08 .030, 19 .20 .030, (Repealed by Ord . 2085), 19 .100 19 .20.040, 19 .28 .030, 19 .32 .030, (Repealed by Ord. 2085), 19 .104 19.32 .040 , 19.36.040 , 19 .40.030, (Repealed by Ord. 2085), 19.120, 19.40.040, 19.44.040, 19.44 .050 and 19 .124, 19 .128) Ch . 19 .100 , 19.124.040 zoning 1638 Rezone (Special) (19 .08, 19 .20 (Repealed by Ord. 1639 Amends§§ 2 .36 .010 , 2 .36 .020(B) and 2085), 19.28 (Repealed by Ord . 2085), 2 .36 .050, park and recreation 19 .32 (Repealed by Ord. 2085), 19 .3 6 commission (2 .36) (Repealed by Ord. 2085), 19.40 1640 Amends subsections (B) and (H) of (Repealed by Ord . 2085), 19.44 § 10.44.020, parades and athletic (Repealed by Ord . 2085), 19 . 100 events (10 .44) (Repealed by Ord. 2085), 19.124) 1641 Amends Ch . 2 . 86 , affordable housing 1658 Amends§§ 19.40 .030(0), 19.40 .050 committee (2 . 86) and 19.40 .060, zoning; repeals 1642 Amends § 2.20.010, city clerk (2.20) § 19.40 .040(A)(8) (19.40) (Repealed 1643 Amends Ch. 9 .06 , massage by Ord . 2085) establishments (9 . 06) 1659 Rezone (Special) 1644 Repeals and replaces Title 8 , animals 1660 Amends Ch . 2.16, city council -- (Title 8) salaries (2. 16) 1645 Amends § 11.24 .160, parking 1661 Adds § 10. 25 .110, regulation of prohibition (11.24) smoking in certain public places 1646 Re zone (Special) (Repealed by 1886) 1647 Amends Ch. 10.25 , regul at ion of 1662 Rezone (Special) smoking in certain public places 1663 (Number not used) (Repealed by 1886) 1664 Adds Title 20 , general and specific 1648 Amends § 11 .38.040, transportation plans (20.02, 20.04) demand management (Repealed by 1665 Repeals and replaces Ch . 10 .68, 1731) juvenile curfew regulations (10.68) 1649 Amends § 11. 08 .160, bic yc les (11. 08) 1666 Adds new§ 10 .56 .040 ; am ends 1650 Amends§ 1I.29.040(A)(l), on-site §§ 10.56.020 and 10 .56 .030; amends parking; amends§ 19.96 .03 0(A)(l), and renumbers § 10 .56 .040 to be parking and keeping vehicles in 10.56 .050; renumbers§§ 10 .56.050 to various zones (Repealed by 1940) 2016 S-58 Ord. No. 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 2012 S-31 Cupertino -Comprehensive Ordinance List 30 be 10 .56 .060 and 10.56.060 to be 10.56 .070, trespassing upon parking lots, shopping center property and other property open to the public (10. 56) (Not passed) Amends§§ 10 .21.010, 10.21.020, 10.21.040, 10.21.070 and 10 .21.080, news racks; repeals §§ 10.21.050, 10.21.080, 10.21.090 and 10 .21.110 (10.21) Adds Ch . 10.60, regulation of graffiti (10 .60) Rezone (Special) Adds Ch . 19 .81, recycling areas (19.81) (Repealed by Ord. 2085) Adds Ch. 1.16, appeals of administrative decisions ( 1. 16) Adds Ch. 2.18, city attorney (2 .18) Amends§ 18-1.602 .10, credit for private recreation or open space (18.24) Repeals and replaces Ch . 1. 08, right of entry for inspection (1.08) Adds§§ 11.04.011, 11.04.019, 11.04.031, 11.04.091 and 11.04.092; amends §§ 11.04 .010, 11.04.020, 11.04 .030, 11.04 .040, 11.04 .050, 11.04.062, 11.04.070, 11.04 .090, 11.04.100 , 11.04 .110, 11.04.120, 11.04.130 , 11.04 .140 and 11.04.150 ; repeals§§ 11.04 .061, 11.04 .080 and 11.04.160, abatement of abandoned vehicles ( 11. 04) Amends§§ 1.09 .030, 1.09 .040 , 1.09 .050, 1.09 .060, 1.09 .080, 1.09.100 , 1.09 .110 and 1.09 .150; repeals§§ 1.09.070, 1.09 .090, · 1.09 .120, 1.09 .13 0 and 1.09 .140, nuisance abatement (1.09) Amends § 2.48 .020 , departmental organization (2.48) Adds Ch. 2.88, audit committee (2.88) Rezone (Special) Amends Ord. 1223, rezone (Special) Adds Ch . 19 .82, beverage container redemption and rec ycling centers (19.82) (Repealed and renumbered Ch . 19 .108 by Ord. 2085) Amends§§ 11.24.150 and 11.24.160, establishment of certain parking prohibition (11. 24) Rezone (Special) Ord. No. 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 Rezone (Special) (Not passed) Amends Ch . 19 .56, §§ 19.60.010, 19.60.020, 19.60.040 zoning (19.56 (Repealed by Ord . 2085) 19.60) Adds definitions to§ 19.08 .030 and §§ 19.16. 030(J), 19.16 .040(8)(3)--(6), 19 .20.030(]) and (K), 19 .20 .040(8)(10)--(13), 19 . 28 .030 , 19 .32 .030(H) and (I), 19 .32 . 040(8)(2)--(5), 19 .36 .030(0) and (H), 19 .36 .040(8)(3)--(5), 19.40 .030(H)[I], 19.40.040(8)(3)--(5) and 19 .44. 040(F) and (H) [E and F]; amends §§ 19.16.030(1), 19 .28 . 030(F), 19. 36 . 040(8)(2), 19.40.030(F), 19.40 .040(8)(2), 19 .44.050, 19 .64 .050(C) and 19.100.020, 19 .124 .020 zoning (19.08, 19 .16 (Repealed by Ord . 2085), 19 .20 (Repealed by Ord. 2085), 19.28 (Repealed by Ord. 2085), 19 .32 (Repealed by Ord. 2085), 19.36 (Repealed by Ord . 2085), 19.40 (Repealed by Ord. 2085), 19.44 (Repealed by Ord . 2085), 19 .64 (Repealed by Ord. 2085), 19.100 (Repealed by Ord . 2085), 19.124) Rezone (Special) Rezone (Special) Rezone (Special) Amends § 11.12.030, speed limits (11.12) Amends § 16.40 .250, fire code (Repealed by 1711) Rezone (Special) Amends Condition 4 of Application 2-Z-94 relating to tree protection (Not codified) (Number not used) Adds§§ 2.04 .005, 2.04 .025, city council--election and meetings (time and place), and 2.08 .105, city council- -rules and conduct of meetings; amends Ch . 1.01 footnote and §§ 1.01.010, 1.01.030, code adopted, 1.04.010(3), general provisions , l.09 .030(B), 1.09 .090, 1.09.180, title of App . A to Ch. 1.09, nuisance abatement, Ch . 1.12 footnote, 1.12 .0lO(B) and (C), 1.12 .020, general penalty, l.16 .020(D), appe al of administrative decisions, title of Ch . 33 Comprehensi ve Ordinance List Ord. No. Ord. No. 3.36 .210, 5.20.160, 5.28 .230, 1745 Amends § 11.08 .250, bicycle lanes 5 .32.340, 5.44 .080, 6.24.340, (11.08) 6 .28 .150, 9 .06 .280, 9 .12.134 , 1746 Rezo ne (Special) 9 .18.140 , 9.20.320 , 10 . 10 .040, 1747 (Not passed) 10 .21.140, 10 .24.070, 10.25 .100, Ch . 1748 Rezone (Special) 10.26 Editor's note, 10 .26 .160, Ch. 1749 Rezone (Special) 10.28, §§ 10.44.090(C), 10.44 .170, 1750 Rezone (Special) 10.46 .080, 10.46.090, 10.48 .063, 1751 (Not enacted) 10.56.060, 10 .68 .040, Chs. 10.70, 1752 (Not enacted) 10.82 and 11.16, §§ 11.20 .040, 1753 Amends specific plan (Special) 11.29.060, 11.37.080, Ch . 11.38, 1754 Rezone (Special) §§ 14 .05 .130, 14 .05.140, 14.12.040, 1755 Adds§ 17 .04 .030; amends Ch. 14 .16, §§ 14.18 .220, 15 .20 .101, §§ 17.32.010, 17 .32.040 and 16.04.160, 16.08.030, 16.24 .050, 17.32.090, zoning (17.04, 17 .32) 16 .28.080, 16.32.090, 17 .56 .010, (Title 17 Repealed by Ord. 2085) 19.40 .150, 19 .81.070, 19 .82 .080 , 1756 Rezone (Special) 19 .116 .350, 19 . 132 .060, 20 .02.030 1757 Adds Ch. 2.06, city council campaign and 20 .04.070, various subjects finance (2.06) (Repealed by Ord. (10.26, 10 .44, 10.46, 10. 76, 11.08, 1956) 11.10, 11.12, 11.27, 11 .32, 14 .05, 1758 Adopts interim measures to protect 14 .12 , 16.28 (Repealed by Ord . 2085), structures from demolition of 19 .56 (Repealed by Ord. 16-2149), potentially historic sites (Not codified) 19.106 (Repealed by Ord. 2085), 1759 Amends § 11.08.250, bicycle lanes 19.132) (11.08) 1732 Rezone (Special) 1760 Amends § 11. 26 . 110, parking ( 11 . 26) 1733 Mobile vendor permits (5.48) 1761 Adopts interim measures to protect 1734 Rezone (Special) structures from demolition of 1735 Rezone (Special) potentially historic sites (Not codified) 1736 Amends Ch. 19 .108 entirely , wireless 1762 Amends § 11.20 .030, stop signs communications facilities ( 19 .108) (11.20) (Repealed by Ord . 2085) (Ch. 19 .108 1763 (Pending) renumbered as Ch. 19.136 by Ord . 1764 Amends Ord. 1750, rezone (Not 2085) codified) 1737 Amends Ch. 19.100 entirely, parking 1765 Amends § 11.20.020, stop signs regulations (19 .100) (Repealed by Ord . (11 .20) 2085) (Ch. 19.100 renumbered to Ch. 1766 Amends§ 11.08 .250 , bicycle lanes 19.124 by Ord. 2085) (11.08) 1738 Rezone (Special) 1767 Adds§§ 11.08.014, 11.08 .015 and 1739 Amends § 11.08 .260, bicycles (11.08) 11.08.270 ; renumbers§ 11.08 .270 to 1740 Amends § 11.08.250, bic yc les (11.08) be 11. 08 . 280, roller skates and 1741 Amends § 11. 24 . 150, parking (11. 24) skateboards ( 11. 08) 1742 Adds new § 16 .04 .080, residential 1768 Rezone (Special) roofing and renumbers §§ 16 .04 .080--1769 Amends Stevens Creek Boulevard 16.04.160 to be 16 .04 .090--16 . 04 .160, specific plan (Special) building code provisions (16.04) 1770 Prezone (Special) (16 .04.110, 16.04 .140 Repealed by 1771 Prezone (Special) Ord. 2021 ; 16 .04.170 Repealed by 1772 Rezone (Special) Ord . 2072 ; 16.04 .080 Repealed by 1773 (Not available) Ord . 13-2115) 1774 Rezone (Special) 1743 Amends § 11.24 .150, parking (11.24) 1744 Not enacted 2016 S-58 Ord. No. 1775 1776 1777 1778 1779 2015 S-50 Cupertino -Comprehensive Ordinance List 34 Adds § 2.04 .050, city council term limits (2 .04) Amends§ 15 .32 .080 ; repeals and replaces Ch. 15.04, waterworks system , rates and charges ; repeals and replaces Ch . 15 .20, sewage disposal systems; repeals Chs . 15.08, 15 .12 and 15 .30 (15.04, 15 .20, 15 .32) Adds §§ 16 .08 .185, 16.08 .290, 16.08 .300 , 16 . 16 .025, 16 .20 .110, 16.20 .120 , 16 .28 .065, 16 .32 .090, 16.36.055; amends §§ 16 .08.020 , 16.08.080 , 16 .08 .200(A)(l), 16.08.250 (B), 16 .12 .010 , 16 .12.020, 16 .12 .040, 16 .16.020, 16. 16.070, 16 .20 .080, 16 .24 .020, 16 .24 .030, 16 .24 .060, 16 .24 .080, 16 .28.040(C), 16.28.060(A), 16.32.080, 16.40 .070, 16 .40 .930, 16.40.950(A); amends title of Ch . 16.12; repeals and rep laces §§ 16 .20 .100, 16 .32 .100; repeals §§ 16 .04 .040, 16 .04 .150 , 16 .08 .090, 16 .08 .140(B), 16.08. 180(B), 16 .08 .190 (C), 16 .08 .250(B)(l and 2), 16 .08 .280 (A --C), 16 .20.030 , 16 .20.040, 16.20 .090(A)(Part One), 16.24 .040, 16.36.030(D), 16 .36.070(D), 16.40.940, 16.40 .950(D), 16.42 .280; repeals Chs . 16.44, 16.48 and 16 .60 ; repeals Ch . 16.44 Appx . A, Ch . 16.52 Article subtitles, Ch. 16 .60 Tables A, B, C, D , E, and F and Demand/Capacity Ratio graph ; buildings and construction regulations (16.08 , 16 .12 16.16 , 16 .20 , 16 .24 , 16.28) (16.32 , 16 .36 Repealed by Ord . 2085; 16 .12.010, 16 .12.020, 16 . 12 .040 , 16.16 .020, 16 . 16 .025, 16 .16 .070, 16.20 .080 , 16 .20 .100 , 16.20 .110 , 16 .20 .120, 16 .24 .020, 16 .24.030, 16 .24 .060, 16 .24 .080, 16 .32 .080, 16 .32 .090 , 16 .32 .100 Repealed by Ord. 13 -2115) Adds Ch . 19.134 , architectural and site review process (19 .134) Adds §§ 19 .32 .090 and 19 .60 .090, architectural and site review (19. 32 (Repealed by Ord . 2085), 19 .60 (R epealed by Ord . 2085) Ord. No. 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 Designating permit parking on Rose Blossom Drive from McClellan Ro ad to Lily A venue (Not codified) Amend s § 11.24 .160, parking (11.24) Prezone (Special) Prezone (Special) Amends§§ 19 .08.030 , 19 .28 .030, 19.28 .070, 19.32.060, 19 .40.110, 19.56 .040, 19 .56 .060, 19 .56 .070 , 19.60 .040, 19 .64.050, 19.64.080 , 19 .76.070, 19 .80 .030, 19.88.030, 19 .92.060, 19.104.040 and 19.116 .030 , 19 .120 .050 , 19 .128 .030, 19.128 .040 ; repeals Ch. 19 .96 ; zoning (19 .08, 19 .28 (Repealed by Ord . 2085), 19 .32 (Repealed by Ord . 2085), 19.40 (Repealed by Ord . 2085), 19 .56 (Repealed by Ord . 2085), 19 .60, 19 .64 (Repealed by Ord. 2085), 19. 76 (Repealed by Ord. 2085), 19 .80 (Repealed by Ord . 2085), 19 .88 (Repealed by Ord . 2085), 19 .92 (Repealed by Ord . 2085), 19.104 (Repealed by Ord . 2085), 19.116, 19.120, 19 .128) Prezone (Special) Amends specific plan (Special) Amends Ch . 2 .32, planning commission (2 .32) Amends Ch . 16 .28, fences (16 .28) (Repealed by Ord. 2085 ) Amends Ch . 17.44, sign exceptions (17.44) (Repealed by Ord . 2085) Amends Ch. 19 .132 , zoning (19 .132) (Repealed by Ord. 2085) (Ch . 19 .132 renumbered as Ch. 19 . 164 by Ord . 2085) Amends Ch . 19 .134, zoning (19.134) (Repealed by Ord . 2085) (Ch . 19.134 renumb ered as Ch . 19 . 168 by Ord . 2085) Amends §§ 2 .16.010--2 .16 .030, ci ty council (2.16) Adds Ch . 9 .22, prop erty main tenance (9 .22) Amends§§ 1.09 .030 (A) and 1.09 .060 (A) and (B), nuisance abatement ( 1. 09) Re zone (Special) 35 Comprehensive Ordinance List Ord. No . Ord. No . 1796 Amends §§ 17 .32 .010, 17.32 .040, 1820 Prezone (Special) 17 .32 .090(E) and 17 .32 .100 , 1821 Prezone (Special) temporary signs--regulations ; 1822 Amends§§ 2 .04.010 , 5.28 .070 (N), renwnbers § 17 . 32.120 to be 5.28.165(E), 10 .52.060, 17 .24.270, sign regulations; repeals 16 .28 .060(C), 16 .52 .041(8)(1), § 17 .32 .110 (17 .24, 17 .32) (Title 17 16.52 .051, 16 .52.052, Repealed by Ord . 2085) 16.52.053(B)(4)(a) and 1797 Amends §§ 2.06 . lOO(D) and 2 .06. 130, 19 .20 .040(A)(l) and repeals city council --campaign finance (2 . 06) §§ 3 .12.040 and 5 .04.280(C), (2.04, (Repealed by Ord . 1956) 5 .28, 10.52, 16.28 (Repealed by Ord . 1798 Proposition for utility users excise tax 2085), 16.52 , 19.20 (Repealed by Ord . and annexation (Special) 2085)) 1799 Amends§ 19.28.070, zoning (19 .28) 1823 Adopts Ch. 5 of the 1977 Uniform (Repealed by Ord . 2085) Code for Building Conservation 1800 Prezone (Special) (16.60) 1801 Amends § 5 .04.460, (5.04) 1824 Amends §§ 16.04 .010 and 16 .04 .110 1802 Adds § 16 .28.045; amends and repeals §§ 16 .04 .070, 16 .04 .090, § 16 .28.060, (16.28) (Repealed by 16.04 .100 and 16.04 .120, building Ord . 2085) code (16.04) (16.04 .110 Repealed by 1803 Rezone (Special) Ord. 2021; 16 .04.010 Repealed by 1804 Rezone (Special) Ord . 13-2115) 1805 Rezone (Special) 1825 Amends § 16.16.010 and repeals 1806 Amends§ 11.24 .150 , parking (11.24) § 16.16.060, electrical code (16.16) 1807 Amends § 2.08 .096, city council (16.16.010 Repealed by Ord . 13-2115) (2 .08) 1826 Amends §§ 16.20.010, 16 .20 .020 and 1808 Amends §§ 19 .28.070, 19.28.100, 16.20 .090 and repeals 19.28.160, zoning (19.28) (Repealed §§ 16 .20.050--16.20 .070, plumbing by Ord. 2085) code (16 .20) (16.20 .010, 16.20 .020 1809 Amends§ 19.08 .030, zoning (19 .08) Repealed by Ord . 13-2115) 1810 Amends §§ 14.18.020, 14.18 .060, and 1827 Amends §§ 16.24 .010--16 .24 .030, 14 .18 .220, heritage and specimen trees mechanical code (16 .24) (16 .24 .010, (14.18) 16 .24 .030 Repealed by Ord . 13 -2115) 1811 Amends§ 19.80.030, 19.80 .040 and 1828 Repeals and replaces Ch. 16 .40, fire 19.84 .030 , zoning (19.80 (Repealed by code (16.40) Ord. 2085), 19 .84 (Repealed by Ord. 1829 Amends § 16.56 .010, housing code 2085)) (16.56) 1812 Amends § 19.124.100, zoning (19.124 1830 Amends§§ 10.21.010--10 .21.120, (Repealed by Ord . 2073)) newsracks (10.21) 1813 Prezone (Special) 1831 Amends§§ 19.80.030(B)(l)(j) and 1814 Interim zoning regulations (Special) 19.80 .040, accesssory 1815 Amends§§ 19.56.030 and 19 .56 .040, buildings/structures ( 19 . 80) zoning (19.56 (Repealed by Ord . 1832 Amends Ch . 2 .16, city council-- 2085)) salaries (2 .16) 1816 Extends Ord. 1814, interim zoning 1833 Amends § 16 .28 .045 , electronic regulations (Special) security gates (16 .28) (Repealed by 1817 Adds Ch . 2. 90, residential design Ord . 2085) review committee (2. 90) 1834 Amends Ch . 19 .28, zoning (19 .28) 1818 Amends Ch . 2.06, city council--1835 Amends§§ 14.18 .020, 14 . 18.150, campaign finance (2.06) (Repealed by heritage and specimen trees (14 .18) Ord. 1956) 1836 Amends§ 11.24 .150, parking (11.24) 1819 Prezone (Special) 2014 S-46 Cupertino -Comprehensive Ordinance List 36 Ord. No. Ord. No. 1837 Amends§ 11.34 .010, traffic (11.34) 1855 Amends § 1 l.20 .030B , all directional 1838 Amends§ 11.34.020, traffic (11.34) vehicular stops required at certain 1839 Amends§ 11.34.030, traffic (11.34) intersections (11 . 20) 1840 Amends §§ 11.24 .1 50, 11.24.160 and 1856 Amends § 11.08 .250, bicycle lanes 11.24 .180, traffic (11.24) designated (1 1. 08) Res . 99-154 Designating permit parking on 1857 Amends§§ 11.24.150 and 11.24.170, Shattuck Drive . (§ 11.27) parking restrictions (11.24) 1841 Amends § 11. 20. 020, traffic ( 11. 20) 1858 (Not passed) 1842 Rezone (Special) 1859 Amends § 11 .24 .150 , parking 1843 Amends contract with California restrictions (11. 24) Public Employees' Retirement System 1860 Amends Ch. 19 .28, single-family (Special) residential zones (19.28) 1844 Adds §§ 19.36 .080, 19 .48 .080 and 1861 Rezone (S pecial) 19 .134 .020; amends Chs. 2.32 , 2 .90, 1862 Amends § 11.24.160, stopping, 16 .28, 17.44, 19.32, 19.36, 19.48 standing and parking--public streets (Repealed by Ord. 2073), 19.48.020 (1 1.24) (Added by Ord. 2085), 19 .56 1863 Amends §§ 19.08.030, definitions, and (Repealed by Ord. 16-2149), 19. 28. 070 , single-family residential 19.60 .040, 19.60, 19.64, 19 .80, (R -1) homes (19 .08, 19 .28 (Repealed 19 .132, 19.134 and§§ 19.168 .010 and by Ord. 2085)) 19.168.020, design review committee 1864 Amends § 11. 08. 260, bicycles ( I 1. 08) (2.32, 2.90, 16 .28 (Repealed by Ord. 1865 (Number not used) 2085), 17.44 (Repealed by Ord. 2085), 1866 Prezone (Special) 19.32 (Repealed by Ord. 2085), 19.36 1867 Autho r izes amendment to California ) (Repealed by Ord. 2085), 19.48 public employees' retirement system (Repealed by Ord. 2073), 19.56 contract (Special) (Repealed by Ord. 2085), 19.60, 19 .64 1868 Amends Ch. 19.28, zoning (19.28) (Repealed by Ord . 2085), 19.80 1869 Adds§ 3 .25.100, transfer of surplus (Repealed by Ord. 2085), 19.132 supplies and equipment (3.25) (Repealed by Ord. 2085), 19.134 1870 Amends§ 11.08 .250, bicycle lanes (Repealed by Ord. 2085), 19 .168) designated ( 11. 08) 1845 Prezone (Special) 1871 Amends entirety of Ch. 10.48, 1846 Amends contract with California community noise control (10.48) Public Employees' Retirement System 1872 Amends§ 11.08 .260, bicycle routes (Special) designated ( 11. 08) 1847 Repeals and replaces § 11. 34 . 030, 1873 Amends§ 11.08 .250, bicycle lanes warrants for the installation and des ignated ( 11. 08) maintenance of road bumps (11.34) 1874 Amends §§ 2.88.010 and 2.88 .020, 1848 Amends § 11.08.250, bicycle lanes audit committee (2 .88) (11.08) 1875 Amends entirety of Ch. 9.06, massage 1849 Prezone (Special) establishments and services (9 . 06) 1850 Adopts redevelopment plan for 1876 Amends § 11. 20 . 020, vehicular stop Cupertino Vallco redevelopment required at certain intersections project (Not codified) (11.20) 1851 Amends§ 11.24 .150, traffic (11.24) 1877 Amends Ch. 2.06, campaign finance 1852 Rezone (Special) (2 .06) (Repealed by Ord. 1956) 1853 Adds § 18 .24 .110; amends 1878 Prezone (Special) § 14.05.010, park maintenance and 1879 Prezone (Special) dedication fees (14.05, 18.24) 1880 Rezone (Special) 1854 Adds Ch. 10.80, so licitation 1881 Amends Ch. 2.16, city council prohibitions on designated public compensation (2 .16) rights-of-way (10.80) 2016 S-58 37 Comprehensive Ordinance List Ord. No. Ord. No. 1882 Amends § 11.24.170, parking 1893 Amends Ch. 3.25, sale of surplus limitations (11.24) supplies and equipment; repeals 1883 Not used § 3.25.100 (3.25) 1884 Amends § 11 .24 .170, parking (11.24) 1894 Amends Ch . 19.08, definitions (19 .08) 1885 Amends Ch. 2.06, campaign finance 1895 Adds Ch. 2 .92 , Bicycle Pede strian (2.06) (Repealed by Ord. 1956) Commission (2.92) 1886 Adds§§ 5.32 .360, 8.01.170, 1896 Adds § I 1.34 .040, roadway design 8.03.035, 8.03.130, 8 .05.100, features, (11. 34) 8 .06.040, 8 .09 .040 and 16.40.400; 1897 Amends §§ 3.22 .020, amends Ch . 11.32 footnote, Ch. 19.48 3.22 .060--3.22 .070, and §§ 1.12 .010, 5.04 .280-5.04.450, 3 .23.020--3 .23.050, 3.23 .100 and 5.32.160, 8 .01.030, 8.03.010, 3. 23 .130, revenue and finance (3 . 22, 8 .03.030, 8 .07.100, 8.11.140, 3 .23) 10 .24.080, 10.48.070, 10.60.090, 1898 Amends § 11.08.270, roller skates and 11.08 .280, 13 .04.130(A), skateboards (11 .08) 13.04 .180(B), 14.12.140, 14 .18 .020, 1899 Rezone (Special) 16 .04 .160, 16 .16 .070, 16 .20 .100, 1900 Repeals and replaces § 3 .23 .160 , 16.32.080, 16 .52 .060 , 17 .32 .060, public works contract and bidding 19.28.060, 19 .28.100, 19 .52 .020, procedures (3 .23) 19.52 .060(B), 19.56 .050, 1901 Amends Title 19, §§ 19 .112.020 and 19 .80.030(B)(l)(j), 19.80 .040 and 19 .112.050, zoning of dwelling units 19 .100 .050(C); renumbers (19 .112) §§ 10.48.012 to be 10.48.070 and 1902 Adoption of interim procedures to 16.52 .016 to be 16.52 .060 ; repeals rezone 19 acres of land (Not codified) Ch . 10.25 , §§ 1.09.080, 5.32.160, (rescinded by Ord . 1927) 8.03 .040(D), 19.28.050(D) and 1903 Amends a contract between the city 19.84 .050, various provisions (1.12, and the state 's PERS (Not codified) 5 .04, 5.32, 8.01, 8 .03, 8 .05, 8 .06, 1904 Amends Title 10, curfew 8.07, 8.09, 8 .11, 10.24, 10.48 , 10 .60, 1905 Amends Title 16, flood damage 11 .08 , 11 .32, 13 .04, 14.12 , 14 .18 , 1906 Home maintenance activities, Title 16 16.04, 16 .16, 16.20, 16 .32, 16.40, 1907 Amends Title 16, adoption of building 16 .52, 17.32, 19 .28 (Repealed by Ord . codes (16 .04.170 -16 .04.220, 2085), 19.48 (Repealed by Ord . 2073), 16.04.240 -16.04.330 Repealed by 19.52 (Repealed by Ord. 2085), 19 .56 Ord. 2021; 16 .04 .230 Repealed by (Repealed by Ord . 16-2149), 19 .80 Ord . 2072; 16.04.010 Repealed by (Repealed by Ord. 2085), 19 .100) Ord. 13-2115) (Repealed by Ord. 13-2115, 1908 Amends Title 16, Mechanical Code 16.16.070, 16 .32.080) (16 .24.010, 16 .24.030 Repealed by 1887 Not used Ord . 13-2115) 1888 Adds§ 3.34 .230; amends Ch. 3 .34; 1909 Amends Title 16 , Plumbing Code renumbers § § 3 . 34 .190--3 . 34. 230 to (16.20.010, 16 .20 .020, 16 .20 .030 be 3 .34 .180--3.34.220, utility users Repealed by Ord . 13-2115) excise tax (3 .34) 1910 Amends Title 16, Electrical Code 1889 Rezone (Special) (Repealed by Ord. 2017) (16.16.010 1890 Rezone (Special) Repealed by Ord . 13-2115) 1891 Amends §§ 19 .08.030 and 19.80.030, 1911 Repeals old Fire Code provisions in zoning (19.08, 19.80 (Repealed by Title 16 Ord. 2085)) 1912 Amends Title 2, Disaster Council 1892 Amends Ch. 2.86 , housing committee (2.86) 2016 S-58 Cupertino -Comprehensive Ordinance List 38 Ord. No. Ord. No. 1913 Amends Title 2, Audit Committee 1945 Amends§§ 9.08 .020 -9.08 .040, 1914 Amends Title 11, parking 9 .08 .060 -9.08.110, weed abatement 1916 Amends Title 11, skateboarding and (9.08) rollerskating 1946 Rezones certain land (Not codified) 1917 Amends Title 9, massage and 1947 Modifies development agreement for occupational therapists new retail space, residential units and 1918 Amends Title 10, graffiti parking structure (Not codified) 1919 Rezones certain land (Not codified) 1948 Amends§ 18.28.030, application, and 1920 Rezones certain land (Not codified) § 18 .28 .040, filing and processing 1921 Amends§§ 10.48 .040, 10 .48 .051, (18.28) restriction of landscape maintenance 1949 Not used activities (10.48) 1950 Rezones certain land (Not codified) 1922 Amends Ch. 9.18, stormwater 1951 Amends§ 2 .24.020, payment pollution prevention and watershed procedure (2 .24) protection (9 .18) (9.18.050, 9 .18.130 1952 Amends § 2 .04.030, City Council - and 9 .18 .140 Repealed by Ord. 2088) place of meetings (2.04) 1923 Amends § 9.08.080, notice of report 1954 Amends Ch. 19 .28 , single-family (9.08) residential (Rl) zones; repeals 1924 Rezones certain land (Not codified) §§ 19 .28.105, 19.28 .150, 19 .28 .160 1925 Amends § 14 .04.040, street and Appendices A, Band C (19 .28) improvement requirements, and 1956 Repeals Ch . 2.06 -City Council - § 18.32 .030, subdivision frontage campaign finance (2.06) improvements (14 .04, 18.32) 1958 Amends § 2.04 .010 , regular meetings 1926 Amends Ch. 17 .32, temporary signs (2.04) ) (17. 32) (Repealed by Ord . 2085) 1959 Rezones certain land (Not codified) 1927 Rezones certain land; adds 1960 Repeals Ch. 20.02, general plan § 19 .28 .105 (19.28); rescinds Ord . 1963 Amends § 9 . 06 .110, massage therapist 1902 permit-criteria for issuance and 1928 Rezones certain land (Not codified) § 9 .06.120, massage therapist practical 1929 Rezones certain land (Not codified) examination (9. 06) 1930 Amends § 11.24 .170 , parking (11.24) 1964 Amends §§ 2.60.040 and 2.68.040 , 1933 Rezones certain land (Not codified) meetings-quorum-officers-staff, and 1934 Amends § 2.80.010, Fine Arts §§ 2 .80 .050 and 2.92.050, Commission established (2.80) meetings -quorum (2 .60, 2 .68, 2 .80, 1936 Amends development agreement 2 .92) between city and V allco International 1965 Amends Ch. 2.74, Cupertino Shopping Center , LLC (Not codified) technology, information, and 1940 Amends Ch . 19.100, parking communications commission (2 . 74) regulations; repeals Ch 11. 29, on-site 1966 Amends § 14.04 .230 , Street parking ( 11. 29, 19 .100 (Repealed by improvements-exceptions ( 14 . 04) Ord. 2085)) (Ch . 19.100 renumbered 1967 Amends Ch . 9 .18, stormwater as 19.124 by Ord . 2085) pollution prevention and watershed 1941 Amends § 2.04.010, City Council -protection (9.18) (9.18 .050, 9.18.130 regular meetings (2 .04) and 9 .18 .140 Repealed by Ord. 2088) 1942 Amends§ 2.32.050, Planning 1968 Amends § 11.24 .150 to remove the Commission meetings (2.32) prohibition of parking on the west side 1943 Amends§ 13.04. 130, behavior of of Vista Drive between Apple Tree persons in parks (13 .04) drive and a point 200 feet south 1944 Amends § 16 .08.210, grading permits (11 .24) - limitations and conditions (16.08) 2013 S-41 41 Comprehensive Ordinance List Ord. No. Ord. No. 2056 Amending 2 .08.095, 2.48.020, 2064 Amending 11. 08 . 260 relating to 9 .20 .030, 14.04 .010, 14.04.040, designated bicycle routes (11.08) 14 .04 .110 , 14 .04 . 130, 14 .04.160 , 2067 Amending 11 .20.020 regarding 14 .04 .175, 14 .04.240, 14.05 .010, vehicular stops at certain intersections 14.05.040, 14 .05.070, 14 .05.090, (11.20) 14 .18 .020, 14 .24.070, 16 .04.050 , 2069 Amending Chapter 6 .24 regarding 16 .32 .040, 18.28 .040, 19.08 .030, garbage and recycling collection and 19 .16.020, 19 .16.030, 19.20.020, disposal (6.24) 19 .20 .030, 19 .24 .010, 19 .28 .030 , 2070 Amending Chapter 16. 72 to add 19.28.090, 19.28 .130, 19 .32 .020, recycling to provisions (16 . 72) 19.32.030 (Repealed by Ord. 2085), 2071 Not adopted 19.36 .020, 19.36.030 (Repealed by 2072 Amending Chapters 16 .04, 16.12, Ord . 2085), 19 .36.050 (Repealed by 16 .16, 16 .20, 16.24, 16.40 , adding Ord . 2085), 19.36 .080 (Repealed by Chapters 16 .06, 16 .54, 16 .58, 16.80 Ord . 2085), 19.40.030, 19.40.140, regarding various bui lding and 19.44.020, 19.50.010 -19 .50 .060, construction codes (16 .04, 16 .06, 19.52.010 -19.52 .030, 19 .52 .050, 16 .16, 16.20, 16.24, 16.40 , 16 .54, 19 .52.060, 19 .56 .060, 19 .56.070, 16 .58 , 16 .80) (16.04.010, 16 .04.0 15 , 19.60.040, 19 .64.040, 19 .64 .070 , 16.04 .060 , 16 .04 .070 , 16 .04 .080, 19 .64 .090, 19. 76.050, 19 . 76 .060, 16 .04 .340, 16.04.350, 16 .04.360, 19 .82.060, 19 .88.020, 19 .100 .040 , 16 .04 .370, 16.06.010 , 16.06.015, 19.100.060, 19 .116 .120, 19 .116 .310, 16.06.050, 16 .06 .060, 16 .06 .070, 19.118 .020, 19 .124.040, 19 .124.060, 16.06 .080, 16 .06.090, 16 .06 .100 , 19 . 134 .030, 19.134 .090 regarding the 16.12.010, 16 .12 .020 , 16 .16.010 , housing element of the General Plan, 16.16.015, 16 .20.010 , 16.20 .015 , 19.144.230, 19 .148.020 (2 .08 , 2.48, 16 .24.010, 16 .24 .015, Ch . 16.40 9.20, 14.04, 14 .05, 14.18 , 14.24, Repealed by Ord . 13-2115) 16 .04, 16.32, 18 .28, 19 .08 , 19 .16 2073 Repealing and replacing 19.48 .010 - (Repealed by Ord . 2085), 19.20 19.48.050, 19.72.040, 19 .124.010 - (Repealed by Ord. 2085), 19 .24, 19 .28 19 .124 .150, 20.04.040 (19.48 (Repealed by Ord . 2085), 19.32, 19 .36, (Repealed by Ord. 2085), 19.72 19.40 (Repealed by Ord. 2085), 19.44, (Repealed by Ord. 2085), 19 .124 19.50 (Repealed by Ord . 2085), 19 .52, (Repealed by Ord. 2085), 20 .04) 19 .56 (Repealed by Ord . 2085), 19.60, 2074 Amending 19.08 .010 (Repealed by 19 .64 (Repealed by Ord . 2085), 19.76, Ord. 2085), 19.08 .020 (Repealed by 19.82 (Repealed by Ord . 2085), 19 .88, Ord . 2085), 19 .08.030, and 19 .100 (Repealed by Ord . 2085), 19.100 .03 0 -19.100 .040 (19 .08, 19 .116 (Repealed by Ord. 2085), 19 .100 (Repealed by Ord. 2085)) 19 .118 (Repealed by Ord. 2085), 2075 Not adopted 19.124, 19.134 (Repealed by Ord . 2076 Not adopted 2085), 19 .144 , 19 .148) Res. 03-037 Amending 11. 27 .149 designating 2057 Rezoning certain land (Not codified) permit parking on Madrid Road 2058 Repealing and replacing Ch. 14 .15 (11 .27) regarding the Landscaping Ordinance 2077 Establishing §§ 10-90.010 -10-90.040 (14 .15) (Repealed by Ord . 16-2142) regulating smoking in recreational 2059 Rezoning certain land (Not codified) areas (10 .90) 2060 Not Adopted 2078 Amending 11 . 20 . 030 regarding 2062 Amending Chapter 2 . 86 regarding the required stops at certain intersections Housing Commission (2 . 86) (11.20) 2063 Amending 11. 08 . 250 relating to 2079 Amending Single-Family Residential designated bicycle lanes (11. 08) (Rl) Zones (19 .28) (Repealed by Ord. 2085) 2016 S-55 Cupertino -Comprehensive Ordinance List 42 Ord. No. Ord. No. 2080 Electing and implementing 2088 Stormwater pollution prevention and participation in the voluntary watershed protection -Amends entirety alternative development program (Not of Ch. 9.18, repeals former sections codified) 9.18.050, 9.18.130, 9 .18.140, adds 2081 Amends 2.08.080 and 2.080 .090 new sections 9 .18 .015, 9 .18.115, regarding City Council rules and 9.18.130, 9.18.195 (9.18) conduct of meetings (2.08) 2089 Amending Chapter 3.12 .030 increasing 2082 Amends 11.20 .020 regarding vehicular the transient occupancy tax rate (3.12) stops at certain intersections (11.20) 2090 Rezoning certain land (Not codified) 2083 Amends 19.60.010, 19.60.080, 2091 Amending 11.08.250 relating to 19.60.090, 19 .60.100 related to the bicycle lanes (11.08) streamlining and codification of ML-re 2092 Amends Ch . 14 .12, trees (14.12) (19 .60 (Repealed by Ord. 2085)) 2093 Amends 2.28 .090; deletes 2 .28 .020, 2084 Rezoning certain land (Not codified) City Manager (2 .28) 2085 Amends Ch . 2 .90; adds Ch. 9.16; 2094 Amends 6 .24 .020 and 6 .24.300; adds amends Ch . 14.18; amends 6.24.035 regarding garbage and § 16.08.200; amends Title 18, Ch. recycling collection and disposal (6 .24) 18.04, 18 .08, 18.12, 18.16, 18.20, 2095 Amends Ch. 9.06, massage 18.24, 18.28, 18.32, 18.36, 18.40, establishments and services (9. 06) 18.44, 18.48, 18.52, 18.56; amends 2096 Amends 2.18 .110, City Attorney Title 19, Ch. 19.04, 19.08, 19.12, (2.18) 19.16, 19.20, 19 .24, 19.28, 19 .32, 2097 Amends 2 .28 .040 regarding City 19.36, 19.40, 19.44, 19.48, 19.52, Manager powers and duties (2.28) 19.56 (Repealed by Ord. 16-2149), 2098 Amends Ch. 19.104, signs, regarding 19 .60, 19.64, 19.68, 19.72, 19 .76, placement of temporary political signs ) 19.80, 19 .84, 19.88, 19.92, 19 .96 , (19 .104) 19.100, 19.104, 19.108 , 19.112, 12-2099 Amends Ch. 16.58, Green Building 19.116, 19 .120, 19.124, 19.128, Standards Code (16.58) 19.132, 19.136, 19.140, 19.144, 2100 Amends contract with PERS (Not 19.148, 19.152, 19 .156, 19.160 , codified) 19.164, 19.168; repeals Title 17 (2 .90, 12-2101 Amends 13. 04 .130 to prohibit feeding 9 .16, 14.18, 16.08, 18 .04, 18.08, waterfowl in City parks; amends 18 .12, 18.16, 18 .20, 18.24, 18.28, 1.12 .010 to set a penalty therefor 18 .32, 18.36, 18.40, 18.44, 18.48, (1.12, 13.04) 18.52, 18 .56, 19.04, 19 .08, 19.12, 13-2102 Adds Ch. 9 .17, regulation of single- 19 .16, 19 .20, 19.24, 19.28, 19.32, use carryout bags (9. 17) 19 .36, 19.40, 19.44, 19.48, 19.52, 13-2103 Amends 9 .18.020, 9.18.210, 19.56, 19 .60, 19.64, 19 .68, 19.72, 9.18.260; adds 9.18 .215 regarding 19.76, 19.80, 19 .84, 19.88, 19.92, storm water pollution prevention (9. 18) 19 .96, 19 .100, 19 .104, 19.108, 13-2104 Rezoning certain land (Not codified) 19.112, 19 .116, 19.120, 19.124, 13-2105 Amends 8 .03.010 and 13.04.130 19.128, 19.132, 19.136, 19.140, regarding dogs off leash (8 .03, 13.04) 19 .144, 19 .148 , 19.152, 19.156, 13-2106 Amends 2 .04.005, date of general 19.160, 19 .164, 19.168) municipal election (2.04) 2086 Amending the zoning map (Not 13-2107 Amends Ch . 14 . 18, protected trees codified) (14 .18) 2087 Amending the Heart of the City 13-2108 Amends 5 .32 .060, 5 .32.090, Specific Plan (Not codified) 5 .32 .100, 5.32 .190 -5 .32 .260, 5.32.280 -5 .32 .330 regarding bingo (5 .32) 2016 S-58 43 Ord. No. 13-2 109 13-2110 13-2111 13 -2112 13 -2113 13-2114 13 -2115 14-2116 14-2117 2016 S-58 Comprehensive Ordinance List Amends 14.04 .170 and 18.32.390 regarding acceptance of public improvements (14 .04, 18.32) Repealing and replacing Ch. 14 .08, encroachments and use of city rights-of- way (1 4.08) Amends 14 .12 .120 regarding condition for development or building permit (14.12) Rezoning certain land (Not Codified) Rezoning certain land (Not Codified) Approving development agreement between city and Apple, Inc.; repeals Ord . 1702 (Special) Amending Ch . 16; adding Ch. 16.02, Administrative Code; repealing and replacing Ch. 16 .04, Building Code; repealing and replacing Ch . 16 .06, Residential Code; repealing and replacing Ch. 16.12, Soils and Foundations -Subdivisions; repealing and replacing Ch . 16.16 , Electrical Code; repealing and replacing Ch . 16 .20 , Plumbing Code; repealing and replacing Ch . 16 .24, Mechanical Code ; repealing Ch. 16 .32, Swimming Pools ; amends 16.36.010, 16.36.020, 16 .36.030, 16.36.040, 16.36.050, 16 .36 .070, 16.36 .120 regarding relocation of buildings ; repealing 16 .36. 130 regarding violations-penalty for mo ving buildings; repealing and replacing Ch. 16.40, Fire Code; amends 16 .54 .010 regarding adoption of Energy Code; amends 16.58.010, 16.58.015 , 16.58 .040, 16.58.100 reg arding the Green Building Standards Code (16 .02, 16.04, 16 .06, 16 .12 , 16.16, 16.20, 16 .24, 16 .32, 16 .36 , 16.40 , 16 .54, 16 .58) Adds 9 .15 .100, 9 .15 .110, 9 .1 5.120, 9.15 .130 , 9.14.140 , prohibiting us e of polystyrene foam disposable food service ware (9 .15) Adds 16.58.400 and 16 .58.420 to Ch . 16 .58, Green Building Standards Code ; amends 1.08 .010 , 1.08 .020 , 1.08.030 regarding right of entry for inspection (16 .58 , 1.08) Ord. No . 14-2118 14-2119 14-21 20 14-2121 14-2122 14-2123 14-2124 14-2125 14-2 126 15-2127 15-2128 15-2129 15-2130 Am ends 11.27 .020 , 11 .27 .050, 11.27.145 regarding designation of preferential parking zones around th e Civic Center Plaza (11. 27) Re zoning certain land (Not Codified) Amends 11.08.250 regarding designated bicycle lanes (11. 08) Amends 10 .56 .020, 10.90 .010, 10.90.020 , 10 .90.040, and 10.90.050, regarding outdoor smoking (10 .56 , 10 .90) Amends 9 .17 .130 regarding single-use carryout bags (9 . 17) Adds 2.08 .145 regarding City Council review (2 . 08) Rezoning certain land (Not Codified) Adding Ch. 13 .08, park land dedication, amending Ch. 18 .24, dedications and reservations, Ch . 19.08 , definitions , Ch . 19.12, Administration, Ch. 19 .20 , permitted , conditional, and excluded uses in agricultural and residential zones , Ch . 19 .56, density bonus (Repealed by Ord . 16-2149), Ch . 19.76 , Public Buildings (BA), Quasi-Building (BQ) and Transportation (T) zones, Ch . 19.80, Planned Development (P) zones, Ch. 19.84 , Permitted, conditional and excluded uses in Open Space, Park and Recreation and Private Recreation zoning districts , Ch . 19 .144, development agreements , adding Ch. 19 .172 , below market rate housing program (13 .08, 18 .24, 19 .08 , 19.12, 19 .20, 19 .56, 19 .76, 19 .80 , 19 .84 , 19.144 , 19 .172) Amends Ch . 14.18 regarding tree removal (14.18) Amends 2.36 .030 , 2 .36.0070 , 2 .36.080 and 2 .36 .090 regarding the City Park and Recreation Commission (2 .36) Amends 11.32 .010 and add s 11.32 .055 regarding truck access to streets in school zones (11.32) Amends Ch . 2.40, Di saster Council (2.40) Amends Ch . 6.24, Garbage , Non- Organic Rec ycling and Organic Waste Rec ycling Collection and Di sposal; amends Ch . 9 .16, Solid Waste, Non-Organic Recycling and Rec ycling Areas (6.24, 9 .16) Ord. No. 15-2131 15-2132 15-2133 15-2134 15-2135 15-2136 15-2137 15 -2138 16-2139 16-2140 16-2141 16-2142 16-2143 16-2144 16-2145 16-2146 2016 S-58 Cupertino -Comprehensive Ordinance List 44 Amends Ch . 15.32, Water Conservation (15.32) Adds Ch. 2 .94, Sustainability Commission (2.94) Adds Ch. 16 .28 , Expedited Permit Process for Small Rooftop Solar Systems (16 .28) Amends 11.32.020, 11.32.055, 11.32 .070 and 11.32.080 regarding truck routes and truck access within city and school zones, (11.32) Rezoning certain land (Not Codified) Amends § 2.12 .040, ordinance passage (2 .12) Amends§ 2 .04 .010, regular meetings (2 .04) Authorizing the implementation of a Community Choice Aggregation Program (Not Codified) An interim urgency ordinance establishing a moratorium on all medical marijuana facilities pending completion of an update to the zoning code (Not Codified) Amends § 19 .08 .030 regarding definitions (19.08), adds Ch . 19 .98 regarding medical marijuana (19.98), and amends § 19.152 .030 regarding proposed ordinances (19 .152) Amends§ 14 .04 .110 and§ 18 .56 .040 regarding street reimbursement charges (14.04, 18.56) Repealing and replacing landscape ordinance, §§ 14.15.010, 14 .15.020, 14.15.030, 14.15.040, 14 .15 .050, 14.15 .060, 14.15 .070, 14.15 .080, 14.15.090, 14.15 .100, 14 .15 .110, 14.15.120, 14 .15.130 , 14 .15 .140 , 14 .15 .150, 14 .15 .160 , 14 .15.170 , 14.15.180 (14.15) Amending 3.23 .030, 3 .23 .040 , 3 .23 .050, 3 .23 .120 Approving dev elopment agreement between city and IAC at Cupertino LLC (Special) Amends 11. 27 .145 concerning designation of preferential parking zones (11.27) Amends 11 .27 .145 concerning designation of preferential parking zones (11.27) Ord. No. 16-2147 16-2148 16-2149 16-2150 16-2151 16-2152 Amends 11.27.145 concerning designation of preferential parking zones (11.27) Approving development agreement between city and Marina Plaza LLC (Special) Amends 19.08 .030, 19.12.080, 19.12.180 , 19 .28.120 and 19 .32 .010 rel ated to permits, procedure, and code requirements; repeals and replaces Ch. 19 .56 , Density Bonus; adds 1.10 .055, recording notice of violations, and 19 .104 . 205, sign message substitution (1.10, 19.08, 19 .12, 19 .28, 19.32, 19 .56, 19 .104) Amends 19.124 .030 and 19.124.040 regarding parking standards in various zones (19 .124) Adds Ch . 3 .37, Minimum Wage (3.37) An interim urgency ordinance establishing a moratorium on establishment , expansion, or relocation of payday landing and check cashing businesses pending completion of an update to the zoning code (Not Codified) ) --A -- ABANDONED VEHICLE See VEHICLE ADMINISTRATIVE CITATIONS, FINES, AND PENALTIES Administrative citation 1. 10 . 030 Administrative citation fines 1. 10. 060 Administrative penalty hearing before the City Council 1.10.130 Administrative penalties imposed by Council 1.10.140 Advance deposit hardship waiver 1.10 .080 Appeal of an administrative citation 1.10. 070 Applicability 1. 10.010 Definitions 1. 10. 020 Failure to timely appeal administrative citation 1.10.090 Hearing on administrative citation before hearing officer 1.10 .100 Hearing officer's decision on administrative citation 1.10.110 Lien procedure 1. 10 . 170 Notices 1.10 .160 Payment of fine and penalty amounts 1.10.150 Recording of notice of violation 1.10.055 Right to judicial review of hearing officer's decision 1.10.120 Service of administrative citation 1.10 .040 Time period within which to correct or remedy violations 1. 10. 050 ADMINISTRATIVE SERVICES DEPARTMENT See DEPARTMENTAL ORGANIZATION ADVERTISEMENT Commercial advertising 2016 S-58 distribution prohibited when 10 .52.080 requirements 10 .52 .070 license required, permit prerequisite 10 .52 .060 Distribution commercial advertising See Commercial advertising permit application, denial, appeal 10 .52 .040 required 10.52 .030 revocation 10 .52.050 INDEX 3 Newspaper distribution method 10 .52.020 Throwing, littering unlawful when 10.52 .010 Violation, penalty 10.52.090 AFFORDABLE HOUSING See also HOUSING COMMITTEE Effect of provisions 2.86.130 Policies, strategies, projects , scope, authority 2.86.100 AGENT Business license ALARM See also BUSINESS LICENSE fee 5.04.290 Automatic telephone connection prohibited 10 .26.050 Definitions 10 .26.020 Equipment and installation requirements · 10 .26.160 Exemptions 10.26.060 False alarm charge assessment notice 10 .26.100 collection 10.26 .140 imposition, amount 10. 26 . 090 hearing failure to request, effect 10 .26. 130 procedure 10.26.120 request 10 . 26. 110 investigation, report requirements 10 .26 .070 notification procedure 10 .26 .080 willful conduct, city reimbursement 10 .26.150 Purpose of provisions 10.26.010 Requirements 10 . 26. 040 Violation, penalty 10.26 .170 ALCOHOLIC BEVERAGE See LIQUOR AMUSEMENT CENTER Business license See also BUSINESS LICENSE fee 5 .04 .300 Cupertino -Index ANIMAL Abandoned 8 .01.080 Abuse 8 .01.120 Adoption 8. 02. 100 Animal control officer authority 8.01. 100 inspection 8.01. 110 At large prohibited 8 .01.030 seizure, limitations 8.01. 040 Beekeeping apiary location restrictions 8. 07 . 060 moving, notice required 8.07.050 water supply requirements 8. 07. 070 identification, sign requirements 8 . 07. 080 violation notice, correction 8. 07. 090 penalty, abatement 8 . 07 .100 Bite, quarantine, violation, examination 8 .01.050 In City buildings 8 .01.090 Dangerous permit denial 8. 06. 020 period, fee 8. 06. 030 required 8.06 .010 vio lation , penalty 8.06.040 Dead, disposal 8 .01.070 Definitions 8.01.010 Diseased, seizure 8.01.060 Do g See also Dog, cat dangerous See also Dangerous registration required 8. 03. 040 keeping of 8.03 .035 restraint required, exception 8 .03 .010 Dog, cat 2010 S-23 license fee 8.03.060 issuance 8. 03. 070 period 8 .03.090 presentation on request 8 . 03 . 110 recordkeeping 8 .03.100 required 8 . 03. 050 tag, wearing required when 8 .03 .080 maximum allowed, spaying requirements, litter limit 8 .03.020 sale See Sale vaccination recordkeeping requirements 8.03.120 required, penalty 8.03.030 violation, penalty 8 .03 . 130 Hearing after seizure 8. 02 . 050 appeal 8.02 .080 before seizure 8 . 02 . 070 failure to appeal 8.02.090 Horse barns , shelters, pens location requirements 8. 11 . 040 structural requirements 8 . 11 . 050 event, amateur generally 8 .11. 020 restrictions 8.11 .060 land area requirements 8.11. 030 permit See also permit application appeal 8. 11. 130 contents 8. 11. 110 issuance 8. 11 . 100 modification, revocation 8.11.120 permit application contents 8.11.070 health officer review 8 .11.080 notice 8. 11. 090 pet, kept as 8.11.010 violation, penalty 8.11.140 Immunization, vaccination See Dog, cat See Sale Impoundment disposition 8 .02 .040 fee 8 .02.010 hearing , appeal See Hearing notice 8 .02.030 redemption 8 . 02 . 020 Kennel inspection 8 .05 .050 permit See also permit denial, revocation application 8. 05 . 020 expiration, renewal 8. 05. 040 nontransferable 8 . 05. 090 required 8 .05 .010 permit denial , revocation 8 .05 .060 appeal 8 .05.070 subsequent application 8. 05 . 080 requirements generally 8. 05. 030 violation, penalty 8 .05.100 Nuisance when 8 .01.130 Penalty, general 8.01.170 Poisoning See Abuse 4 ) 16A HORSE See ANIMAL HOTEL Business license tax rate 5.04 .390 HOUSING ADVISORY, APPEALS BOARD Created, appointment, powers, duties generally 16.56 .020 HOUSING CODE Adopted 16 .56.010 Appeals 16 .56 .020 Violation, penalty 16.56.030 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2. 86.050 Compensation 2.86 .070 Effect of provisions 2. 86 .130 Established, composition 2 .86 .010 Meetings See also Procedural rules regulations generally 2 .86 .060 voting, requirements 2 .86.080 Members See also Spec ific Subject selection, qualifications, residency 2 .86.020 Power, duties, responsibilities generally 2 .86.100 Procedural rules 2.86.120 Recordkeeping, requirements 2.86.090 Staff assistance 2.86.110 Term of office 2 .86.030 Vacancy, filling 2 .86.040 --I -- IMPROVEMENTS, STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1. 08 . 020 Notification of rights 1. 08. 030 Warrant required 1 . 08 .010 --J -- JUNKYARD Business license 2016 S-58 See also BUSINESS LICENSE fee 5 .04.350 Index Cupertino -Index l6B ) 17 --K -- KENNEL See ANIMAL --L -- LAND DEVELOPMENT PLANNING See also ZONING Specific plans applicability 20 . 04 . 020 contents 20.04 .050 fees 20 .04 .060 preparation, adoption, amendment, repeal 20.04.030 purpose 20 .04 .010 zoning district designation 20.04.040 LANDSCAPING Applicability 14 .15 .020 Audit of existing landscapes larger than one acre 14 .15 .150 Definitions 14 .15.030 Graywater systems 14 .15.100 Intent 14.15 .010 Irrigation schedule 14.15 .110 Landscape and irrigation maintenance schedule 14 .15.120 Landscape documentation package 14 . 15. 050 Landscape and irrigation inst allation report 14.15 .130 Landscape maintenance agreement 14 .15. 140 Local agency reporting 14.15.170 Penalties 14.15 .180 Prescriptive compliance option, 14 .15.040 Public education 14 .15 .160 Recycled water 14.15.090 Soil analysis 14.15 .080 Water budget calculation 14.15.070 Water-efficient design element 14.15 .060 LIBRARY COMMISSION Compensation 2 .68 .050 Duties, powers, responsibilities 2 .68.070 Effect 2 .68 .080 Established 2 .68.010 Meetings, quorum 2 .68 .040 Records 2 . 68 . 060 Term of office 2.68.020 Vacancy, removal 2 .68.030 2016 S-58 Index LICENSE See also PERMIT Bicycle 11. 08. 020 Bingo 5.34 .190, 5 .32 .270 Business See BUSINESS LICENSE Cat 8 .08 .350 Commercial adverti sing 10 .52 .060 Dog 8.08 .260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.132 .070 applicability of provisions 19.132 .020 conditional use permit findings, basis 19.132 .050 grant criteria 19 .132 .030 hearing 19. 132 .040 purpose of provisions 19.132 .010 restrictions generally 19 . 132 .060 Consumption, open container possession prohibitions 10.49 .010 Violation, penalty 10.49 .020 LOADING ZONES See PARKING --M -- MANAGER, CITY Abandoned, inoperative vehicle enforcement 11.04 .040 removal authority 11.04 .061 storage notice 11.04 .130 Animal control administrative authority 8.01.040 seizure hearing 8 .06 .040 Approved street tree enforcement 14 . 16 .080 Bic ycle enforcement 11. 08 . 030 lanes designation 11.08 .250 license issuance 11. 08. 040 Bingo license applicant inve stigation 5 .32 .210 , 5 .32 .220 approval 5 .32.240 denial 5.32.250 Bingo , provisions admini stration 5. 32 . 170 Clerk, city, appointment 2 .20. 100 Commission meetings, attendance 2.28.060 Compensation, reimbursement 2 .28 .080 Created 2.28.010 Departmental organization authority 2.48 .030 Cupertino -Index 18 Director of emergency services 2.40.050 Eligibility, bond 2. 28. 030 Garage, patio sale enforcement authority 5.16.060 Grocery store enforcement authority 5 .36.060 Park and/or building permit issuance 13 .04 .040 Parks administration 13.04.220 Pedestrian regulations administration 11. 09. 020 Powers, duties 2.28 .040 Relations with council 2.28 .050 Sales and use tax, alternate, collection 3. 09 . 050 Solicitor administrative authority 5. 20 .100 identification permit application investigation 5. 20 . 020 revocation, duties 5. 20. 070 Street tree enforcement 14.12.040 Surplus sales officer duties 3 . 25. 020 Suspension, removal, resignation 2.28 .090 Taxicab driver license suspension, revocation 5.28.180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11 .12 .040 stop intersection signing 11 . 20 . 040 Water department duties 15 .12.090 provisions enforcement 15.12 .050 MARIJUANA See MEDICAL MARIJUANA MASSAGE ESTABLISHMENTS, SERVICES Conditions of premises 9.06 .196 Definitions 9. 06 . 020 Exemptions from provisions 9.06.030 Inspection of premises 9. 06. 230 License, permit See also MTO certificate, Permit application 9 . 06. 050 documentation 9.06.055 fee 9 .06.060 grounds for denial 9.06.070 expiration and renewal 9.06.065 required 9.06.040, 9.06.041 suspension or revocation appeals 9 . 06 . 220 grounds 9. 06. 200 hearing 9 .06.210 notice 9 .06.210 MTO certificate See also License, permit, Permit required 09. 06. 041 Operating requirements 9 .06 .193 2016 S-58 Permit See also License, permit, MTO certificate massage establishment employees permit requirements 9.06 .080 massage therapist annual medical examination 9.06.160 criteria 9 .06.110 practical examination 9.06.120 outcall massage application 9.06 .180 criteria 9.06.190 Prohibited acts 9 .06 .198 Purpose of provisions 9.06.010 Sanitary conditions 9.06.196 Violation MAYOR continuing 9. 06. 260 alternative remedies 9.06 .260 penalty 9.06.250 public nuisance 9.06.240 Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Employees' retirement system execution 2 . 56. 020 MECHANICAL CODE Adopted 16.24 .010 Adoption of appendix chapters 16.24.015 Condensate wastes 16.24.030 Name insertion 16. 24. 020 MEDICAL MARIJUANA Enforcement 19. 98. 030 Prohibitions 19. 98. 020 Purpose 19.98.010 MINIMUM WAGE Application of minimum wage to welfare-to-work programs 3 .37.110 Authority 3 . 37. 020 CEQA exemption 3.37.130 Constitutionality; severability 3 .37 .140 Definitions 3 . 37 . 030 Enforcement 3 . 3 7. 090 Fees 3 .37 .120 Implementation 3 . 37. 080 Minimum wage 3.37.040 Notice, posting and payroll records 3.37.060 Relationship to other requirements 3.37.100 Retaliation prohibited 3 . 37. 070 Title 3.37.010 Waiver through collective bargaining 3 . 37. 050 ) 25 SECONDHAND DEALER Applicability of provisions 5.40 .010 Definitions 5.40.020 Inspection authority 5 .40 . 030 SEISMIC SAFETY See TOXIC GASES SEWER See also SUBDIVISION See also WATER See also WATER POLLUTION See also PREVENTION Abandoned system 15.20 .140 Appeals, generally 15.20.190 Applicability of provisions 15 .20 .010 Alteration, permit required 15 .20.070 Building permit issuance requirements 15 .20 .100 Definitions 15.20.020 Enforcement authority designated 15 . 20 .170 Failing system , correction responsibilities 15.20. 130 Installation, construction, alteration inspections 15 .20 .110 state contractor's license required 15 .20.090 Liability disclaimer 15 .20.160 New construction, permit required 15.20.060 Nuisance declarations 15 .20 .120 Permit required alterations 15. 20 . 070 new construction 15 .20 .060 septic tanks 15 .20 .080 Private system requirements 15.20.040 Purpose of provisions 15 .20 .010 Sanitary sewer, public , required , exceptions 15 .20 .030 Septic tank requirements 15 .20 .080 Soil tests 15 .20.050 State contractor's license required when 15 .20 .090 Viol ations SHEEP designated 15.20 .180 recording notice 15.20 .150 See ANIMAL SHERIFF Bingo inspection 5 .32 .180 license applicant investigation 5 .32.210 staff change investigation 5 .32 .260 Private patrol 2016 S-58 identification card issuance 5 .24. 130 permit application approval 5.24 .040 uniform, equipment approval , inspection 5.24 .120 Index SHOPPING CENTER See also TRESPASSING Free speech activity restrictions 10. 56. 040 SIDEWALK See STREETS AND SIDEWALKS SIGN abandoned or discontinued signs 19.104.320 appeals 19 .104 .070 applicability of regulations 19 .104.020 beverage container recycling signs 19 .104.180 changeable copy signs 19 . 104 .180 construction and maintenance specifications 19 .104.090 decorative statuary 19 .104.180 electronic readerboard signs 19 .104 .180 enforcement of provisions 19 .104 .300 Example of How to Figure Size and Location of Ground Signs, Ch . 19.104, Appendix A Examples of Well Proportioned Signs; Examples of Signs Not Well Proportioned, Ch . 19 .104, Appendix C exception; findings 19.104.290 fr eeway orientation 19 .104.200 gasoline station signs 19 . 104 . 170 ground signs 19.104.160 illegal signs authority to remove in public right-of-way or on public property 19 .104.340 court action authorized 19 .104 .370 deemed public nuisance 19 .104. 3 70 private property 19 .104 .330 public property 19 .340 .340 responsible party for costs and fees 19.104.360 storage , reclamation and disposal of 19.104 .360 summary removal authorized 19 .104 .350 illumination restrictions 19 . I 04 . 230 inspection r equirements 19 .104 .060 landmark signs 19.104.210; Ch. 19.104, Appendix B message substitution 19. 104 . 205 neon signs, exposed & visible 19 .104 .180 nonconforming signs 19.104 .310 obstructions prohibited 19 .104 . 080 penalty 19 .104 .380 permanent blade signs & logos, symbols or insignias 19.104.150 design criteria 19 .104. 220 wall signs 19.104.140 window signs 19.104 .150 permit required 19 .104 .030 pri vate property , illegal signs 19. 104. 330 Cupertino -Index 26 prohibited signs 19.104.110 purpose and intent 19. 104. 010 responsible party for costs and fees 19 .104. 360 sign program; applicability, requirements and fin dings 19 .104. 130 sign permit application; review criteria 19 .104 .050 application requirements 19. 104 . 040 signs exempt from permit requirements 19.104.100 signs in and near residential districts 19.104 .190 signs in special planning districts 19.104.120 storage of removed signs 19.104.360 summary removal authorized 19 .104. 350 temporary flags 19 .104.250 garage sales 19.104 .250 location 19 .104 .240 political signs 19 .104. 250 portable signs and displays 19 .104.270 project announcement signs 19.104.260 promotional de vices 19.104.270 real estate signs 19 . 104. 260 special event banners 19 .104. 270 subdivision signs 19 .104. 250 window signs 19 .104. 280 violation deemed infraction 19.104.380 SINGLE-USE CARRYOUT BAGS Administrative citation and fine 9 .17 .150 Definitions 9 .17 .110 Exemptions 9 . 17 . 140 Findings 9 .17 .100 Implementation date 9 .17 .120 Purpose 9. 17. 100 Sever ability 9. 17. 160 Restrictions 9. 17 .130 SKATEBOARDS Defined 11.08 .015 Prohibited where 11 .08.270 Violations, penalties 11.08 .280 SMALL-INCOME BUSINESS Business license See also BUSINESS LICENSE fee 5.04.450 SMOKING; REGULATION OF Definitions 10 .90.010 Other requirements and prohibitions 10.90.030 Posting of signs 10.90 .040 Smoking prohibited 10.90.020 Violation -penalty 10.90.050 SODA FOUNTAIN See RESTAURANT 2015 S-52 SOILS REPORT See BUILDING SUBDIVISION SOLAR SYSTEMS Expedited Process for Small Rooftop Solar Systems Applicability 16. 28. 030 Application and documents 16.28.050 Definitions 16. 28 . 020 Intent 16.28.010 Permit review and inspection requirements 16 .28.060 Purpose 16.28.010 Solar energy system requirements 16.28.040 SOLICITOR See also STREETS, SIDEWALKS Administrative authority 5 .20 .100 Business license See also BUSINESS LICENSE fee 5.04.290 Definitions 5.20.010 Exemptions from provisions 5.20.015 Hours of operation 5 .20.090 Identification permit denial, appeal 5.20 .050 display on demand 5 .20 .120 issuance 5 . 20 . 040 nontransferable 5. 20 .110 revocation appeals 5 .20.070 grounds 5 . 20. 060 Posting of premises 5. 20. 140 Vehicle requirements 5 . 20. 080 Violation, penalty 5 .20.130 SOLID WASTE See GARBAGE RECYCLING AREAS; SOLID WASTE, NON-ORGANIC RECYCLING SPECIFIC PLAN See LAND DEVELOPMENT PLANNING SPORTING EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS STORM DRAINAGE SERVICE CHARGE Adjustments, conditions 3 .36 .160 Amount See Imposed, determination , applicability Applicability See Exemptions 37 WEAPON See FIREARM WEEDS See also PROPERTY MAINTENANCE Abatement assessment collections as tax 9. 08. 100 hearing 9 . 08. 090 notice, posting, mailing 9.08.080 responsibility 9 . 08. 070 authority, procedure 9.08.060 hearing 9 . 08. 050 notice form designated 9.08 .030 mailing 9. 08 . 040 property damage , notice of improvements 9.08.110 Defined , prohibited 9 .08.010 Nuisance, abatement required 9 .08.020 WILDLAND URBAN INTERFACE FIRE AREA Adopted 16.74.010 WIRELESS COMMUNICATIONS FACILITIES See ZONING --z -- ZONING A-1 zone applicability of provisions 19 . 24. 020 building development regulations 19 . 24. 050 conditional uses 19 .24 .030 designated 19 .16.010 excluded uses 19.24.030 permitted uses 19.24.030 purpose 19.24.010 site development regulations 19.24.040 A zone app licability of provisions 19. 24 . 020 building de ve lopment regulations 19.24.050 conditional uses 19.24.030 designated 19.16 .010 excluded uses 19 .24 .030 permitted uses 19 .24.030 purpose 19.24.010 site development regulations 19 .24 .040 Accessory building, structure applicability of provisions 19. 100.010 Detached Accessory Buildings and Structures Example, Ch. 19 .100, Appendix A generally 19 .100.020 site development regulations 19 . 100.030 Accessory facilities A-1 zone 19 .20.020 2016 S-58 Index A zone 19.20.020 CG zone 19.60 .030 OA zone 19 .64 .020 PR zone 19.84.020 R-1 zone 19.20.020 R-2 zone 19 .20 .020 R-3 zo ne 19.20.020 RHS zone 19 .20.020 Administration appeals 19.12.170 applicability of regulations 19 .12 . 020 application process 19.12.080 approval authority 19.12 .030 city council, authority of 19 .12 .070 city council, action by 19 .12.140 decision 19.12.100 design review committee, authority of 19 .12 .050 design review committee and planning commission, action by 19.12.130 director, action by 19.12 .090 director of community development , action by-Administrative 19.12.120 director of community development, authority of 19.12.040 effective date 19.12.160 expiration, extension, violation and r evocatio n 19.12.180 notice of decision and reports 19 .12 .150 noticing 19 .12.110 planning commission, authority of 19.12.060 purpose and intent 19.12.010 Administrative and professional office zo ne See OA zone Administrative office CG zone 19.60.030 ML-re zone 19 .64.020 MP zo ne 19.64 .020 OA zone 19.64.020 OP zone 19 .64.020 Adoption of provisions 19 .04.010 Adult-oriented commercial activities applicability of provisions 19.128.020 purpose 19 .128.010 regulations concentration of activities 19.128 .030 proximity to residential, public, quasi - public uses 19 .128 .040 Agricultural-residential zone See A-1 zone Agricultural uses PR zone 19 .84.020 Agricultural zone See A zone Airfields T zone 19 .76.030 Cupertino -Index 38 Airport T zone 19.76.030 Air sports field FP zone 19 .84.020 Amendment boundaries, changes in 19 .152 . 020 generally 19 .152 .010 prezoning 19.152.040 regulations, changes in 19 .152.030 Amusement park FP zone 19.84 .020 Animal breeding A-1 zone 19 .20.020 A zone 19.20.020 keeping A-1 zone 19.20.020 A zone 19.20 .020 RlC zone 19.20.020 R-1 zone 19 .20.020 R-2 zone 19 .20.020 R-3 zone 19 .20.020 RHS zone 19 .20 .020 Antenna See Wireless communications facilities Apiary A-1 zone 19.20.020 A zone 19.20.020 Appeal action city council 19.136.050 planning commission 19.136.040 filing procedures 19. 136. 020 generally 19 .136 .010, 19 .136 .060 hearing, notification 19.136.030 Arboretum A-1 zone 19.20 .020 A zone 19.20 .020 Archery practice range FP zone 19.84 .020 Architectural, site review findings 19.168.030 limitations regarding decisions 19 .168 . 020 purpose of regulations 19.168.010 Artwork, required in public and private developments See ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS Assembly ML zone 19.64 .020 Athletic field FP zone 19.84.020 Auction house ML zone 19.64 .020 Automobile rental ML zone 19.64.020 2012 S-31 Automobile repair shops CG zone 19 .60.030 Automobile sales CG zone 19 .60.030 ML zone 19 .64.020 Automobile service station CG zone 19.60.030 ML zone 19.64 .020 Automobile washing facility CG zone 19 .60.030 ML zone 19 .64.020 BA zone applicability of provisions 19. 76 . 020 application requirements 19. 76 .050 conditional uses 19. 7 6 . 030 designated 19.16.010 excluded uses 19.76.030 permits required for development 19.76.040 permitted uses 19.76.030 purpose 19.76 .010 site development regulations 19 . 76.060 Bank CG zone 19 .60 .030 Barn A-1 zone 19.20.020 A zone 19.20.020 Beverage container redemption , recycling center See Recycling center Bicycle motocross FP zone 19.84 .020 Billiards FP zone 19.84.020 Boardinghouses CG zone 19.60.030 Boat rental ML zone 19.64.020 Boat sales ML zone 19 .64.020 Bowling FP zone 19.84.020 BQ zone applicability of provisions 19. 7 6 . 020 application requirements 19. 7 6 . 050 conditional uses 19.76.030 designated 19 .16.010 excluded uses 19 .76 .030 permits required for development 19 .76.040 permitted uses 19 .76 .030 purpose 19 .76.010 site development regulations 19 .76 .060 Building materials sales ML zone 19 .64 .020 Buildings, public and quasi-public A-1 zone 19 .20.020 A zone 19.20.020 39 Bus station, terminal T zone 19.76 .030 Business office CG zone 19 .60.030 Business service CG zone 19 .60 .030 Cabinet shop ML zone 19.64.020 Carpenter shop ML zone 19.64.020 Caterer ML zone 19 .64 .020 Cemetery A-1 zone 19 .20.020 A zone 19 .20 .020 CG zone applicability of provisions 19 .60.020 conditional uses 19.60 .030 designated 19 .16.010 development standards 19. 60. 060 excluded uses 19.60 .030 land use activity 19 .60.050 permits required for development 19 .60.040 permitted uses 19.60.030 purpose 19 .60 .010 Child day care facility BQ zone 19.76.030 CG zone 19.60.030 R-3 zone 19 .20.020 Churches, existing ML-re zone 19 .64 .020 Ci vic organization BQ zone 19 .76 .030 Club BQ zone 19.76 .030 CG zone 19 .60.030 Coal sales ML zone 19.64.020 Cold storage facilities ML zone 19.64 .020 ML-re zone 19.64.020 Columbarium A-1 zone 19 .20 .020 A zone 19.20 .020 Commercial photography ML-re zone 19.64 .020 Communication structures A-1 zone 19 .20 .020 A zone 19.20 .020 Competition and tournament facilities FP zone 19 .84 .020 Compliance with provisions required 19.04 .030 2012 S-31 Index Conditional use permit, variance, de velopment permits application conditional use permit or variance 19.156.020 development permit 19.156 .010 approval authority 19 .156 .030 change of use 19.156 .070 conditional use permit 19 .156 .040 expansion or modification of permits conditional use 19 . 156 .060 planned development 19 .156.060 findings and conditions conditional use permit 19 .156.040 planned development permit 19 .156 . 040 variances 19 .156 .050 planned development permit 19 .156.040 variances 19 .156 .050 Conditional uses BA zone 19.76.030 BQ zone 19 .76.030 CG zone 19 .6 0 .030 expansion 19.156.060 FP zone 19.96 .040 ML zone 19.64.020 ML-re zone 19 .64 .020 MP zone 19.64.020 OA zone 19 .68 .030 OP zone 19.68.030 OS zone 19.88.020 P zone 19.80 .030 PR zone 19 .92.020 Rl zone 19 .28.030 RIC zone 19.44 .040 R-2 zone 19 .32 .030 R-3 zone 19 .36 .030 RHS zone 19.40.030 T zone 19.76 .030 Conflict of provisions 19. 04. 040 Congregate residence A-1 zone 19.20.020 A zone 19.20.020 BQ zo ne 19 .76.030 RIC zone 19 .20 .020 R-1 zo ne 19.20 .020 R-2 zo ne 19.20 .020 R-3 zo ne 19.20.020 RHS zone 19 .20.020 Convenience markets CG zone 19.60.030 Conversion, apartment to community housing applicability of provisions 19 .116.020 Cupertino -Index 40 application procedures 19.116.060 requirements 19 .116. 050 parking 19. 116.040 purpose 19.116 .010 regulations generally 19. 116.030 Crematory A-1 zone 19.20 .020 A zone 19.20.020 Crops A-1 zone 19.20.020 A zone 19.20 .020 RHS zone 19.20.020 Culverts OS zone 19 .84.020 Dairy processing A-1 zone 19.20.020 A zone 19 .20.020 Dancehall FP zone 19.84.020 Dance instruction FP zone 19 .84.020 Day care home, large family A-1 zone 19.20.020 BQ zone 19.76 .030 RIC zone 19 .20.020 R-1 zone 19.20.020 R-2 zone 19 .20.020 R-3 zone 19.20.020 RHS zone 19.20.020 Day care home, small family A z::me 19.20 .020 Rl zone 19.20.020 RIC zone 19.20.020 R-2 zone 19.20 .020 R-3 zone 19 .20.020 RHS zone 19.20.020 Deck, second story See Accessory building, structure Definitions 2016 S-58 applicability, purpose of provisions 19 .08 .010 construction of provisions 19.08.020 Cupertino Standard Detail 7-2: Corner Triangle -Controlled Intersections, Ch. 19.08, Appendix A Cupertino Standard Detail 7-4: Corner Triangle -Uncontrolled Intersections, Ch . 19.08, Appendix B Cupertino Standard Detail 7-6: Sidewalk Site Triangle (Sidewalk Clearance at Driveways), Ch. 19.08, Appendix C designated 19 .08 .030 Examples of How to Measure Sign Area, Ch. 19 .08, Appendix D Delivery service ML zone 19.64.020 ML-re zone 19.64.020 Density bonus application requirements 19 . 56. 060 concessions 15.56 .040 density bonus 19.56.030 eligibility for density bonus 19.56 .020 findings 19.56.070 incentives or concessions, waivers and reduction of parking standards 19.56.040 purpose 19.56.010 requirements generally 19.56 .050 Development agreement application contents 19.144.070 form 19 .144 .060 qualification required 19.144.050 authority of provisions 19.144.030 cancellation city 19 .144 .200 mutual consent 19.144.190 rights 19.144.210 construction of provisions 19 .144 .250 effect 19.144.240 execution, recordation 19 .144 . 260 findings of fact, intent of provisions 19 .144.010 judicial review; time limitation 19 .144.270 hearing appeal of determination 19 . 144 .170 compliance; appeal 19 .144.150 findings 19.144 .110 generally 19.144.090 irregularity in proceeding 19 .144 .120 noncompliance; appeal 19 .144 .160 plans, consistency with general 19 . 144 . 080 specific 19 . 144 . 080 purpose of 19.144.020 review, time for and initiation of 19.144.140 rules affecting 19.144.220 separate procedure 19.144.230 Districts applicability of provisions 19.16 .060 designated 19.16.010 reference 19. 16. 020 Drainage ditches OS zone 19.84.020 Drinking establishments CG zone 19.60.030 Drive-in theaters ML zone 19.64.020 Drive-through facilities CG zone 19 .60.030