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2016 S-59 Supplement
CUPERTINO, CALIFORNIA Instruction Sheet 2016 S-59 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 3: REVENUE AND FINANCE 39 through 44 39 through 42 TITLE 8: ANIMALS 19, 20 19, 20 TITLE 16: BUILDINGS AND CONSTRUCTION 1 through 14B 31 through 36 45 through 92B 94A, 94B 103 through 106 1, 2 5 through 14 16A through 20 35 through 38 41 through 44 103, 104 193, 194 TITLE 19: ZONING 1 through 14B 31 through 36 45 through 92 94A, 94B 103 through 106 1, 2 5 through 14 16A through 20 35 through 38 41 through 44 103, 104 193, 194 25, 26 43, 44 COMPREHENSIVE ORDINANCE LIST 25, 26 43 through 46 1 2 LMB (12 /16) Cupertino, California -Instruction Sheet REMOVE OLD PAGES 3,4 5 through 14 17, 18 21 through 24B 32A through 38 45, 46 INDEX INSERT NEW PAGES 3,4 5 through 14 17, 18 21 through 24B 32A through 38 45, 46 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2016 S-59 Supplement contains : Local legislation current through Ordinance 16-2160, passed 11-15-2016 COPYRIGHT © 2017 AMERICAN LEGAL PUBLISHING CORPORATION 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 payroll records . 3.37.070 Retaliation prohibited. 3 .37.080 Implementation . 3. 3 7. 090 Enforcement. 3.37 .100 Relationship to other requirements . 3 .37 .110 Application of minimum wage to welfare- to-work programs. 3 .37 .120 Fees. 3.37.010 Title. This chapter shall be known as the "Minimum Wage Ordinance ." (O r d . 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, shall 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 California Industrial Welfare Commission, or is a participant in a welfare-to-work Program . 2016 S-59 39 (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 working 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 (PAES) 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 minimum wage set forth in this section for each hour worked within the geographic boundaries of the City of Cupertino . Governmental agencies are exempt from the minimum wage requirements under the principle of governmental immunity when the work performed is related 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 ($15 .00), except when these scheduled increases are temporarily suspended under subdivision (f). To prevent inflation from eroding its value, beginning on January 1, 2020, and each January 1st thereafter, the Minimum Wage 3.37.040 Cupertino -Revenue and Finance 40 shall increase by an amount corresponding to the increase, if any, in the cost of living , not to exceed 5 % . The prior y ear's increase in the cost of living shall be measured by the percentage increase, if any , as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, CA for All Items) or its successor index as published by the U.S . Department of Labor or its successor agency, with the amount of the Minimum Wage increase rounded to the nearest multiple of five ($.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, maybe 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 sh all 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 (t) 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 temporarily 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 telephone 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 considered 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 person 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 provided 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 legal action for a violation 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-59 (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 employee or person whose rights under this chapter were violated for each day or portion thereof that the violation 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) 8.07.010 CHAPTER 8.07: BEEKEEPING Section 8 .07.010 Purpose . 8. 07. 020 Definitions . 8 . 07. 030 Location , number, maintenance and registration of apiaries . 8.07.040 Nuisance . 8.07.050 Enforcement. 8.07.010 Purpose. This chapter is enacted to provide for beekeeping, including urban beekeeping , activities within the City while minimizing impacts to surrounding properties through the establishment of beekeeping regulations . (Ord . 16-2158 , § 1, 2016) 8.07.020 Definitions. For the purposes of this chapter, the following definitions apply , unless it is apparent from th e context that a different meaning is intended. "Apiary" means a collection of bees, hives, and any accessory appliances. A. "Agricultural Apiary" means an apiary kept as a principal use on any property. B . "Urban Apiary" means an apiary kept as an accessory use pursuant to Section 19 . 100.020, Accessory Uses and Facilities . "Bees" means any state of the common domestic honey-producing insects of the species apis mellifera . "Hive" means any receptacle, container or structure used to house bees . "Location" means any premises upon which an apiary is located. (Ord. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994) 8.07.030 Location, Number, Maintenance and Registration of Apiaries. Any person may keep and maintain apiaries in accordance to the following regulations: A. Location: 1. Agricultural apiaries as permitted in Chapter 19 .20; 2. Urban apiaries in all zoning districts; 2016 S-59 19 3 . Minimum setbacks: i. Front property line and /or any public or private street: 20 feet; and ii. Side or rear property lines and/or driveway easements: Eight (8) feet, unless property owners of adjacent properties or beneficiaries of driveway easements have given written permission to locate hives at a closer distance . B. Number: Only two hives may be kept or maintained on parcels less than 5 ,000 square feet in size . C. Maintenance: 1. A constant supply of fre sh water adequate in quantity for the apiary should be provided and maintained on the location . 2 . Any apiaries abandoned by beekeepers or disused apiaries shall be promptly dismantled and removed from the location . D. Registration : All apiaries must be registered wi th the Santa Clara County Agricultural Commissioner as required by Division 13: Bee Management and Honey Production of the California Food and Agricultural Code commencing at Section 29000, and or as thereafter may be amended. (Ord. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994) 8.07 .040 Nuisance. The maintenance or use of any real property in violation of this chapter, or which creates a condition as defined in Section 1.09.030, is hereby declared a public nuisance, is prohibited and is subject to code enforcement and all other enforcement remedies as provided for in this Code . (Ord . 16-2158, § 1 (part), 2016 ; Ord. 1644, § 2 (part), 1994) 8.07.050 Enforcement. Any person who violates any provision of this chapter shall be subject to administrative fines and /or penalties pursuant to Chapter 1.10 . In addition, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12. (Ord . 16-2158 , § 1 (part), 2016; Ord. 1644, § 2 (part), 1994) Cupertino -Animals 20 ) 2016 S-59 TITLE 16: BUILDINGS AND CONSTRUCTION Chapter 16.02 Administrative Code 16.04 Building Code 16.06 Residential Code 16.08 Excavations, Grading and Retaining Walls 16.U Soils and Foundations -Subdivisions 16.16 Electrical Code 16 .20 Plumbing Code 16.24 Mechanical Code 16 .28 Expedited Permit Process for Small Rooftop Solar Systems 16.32 (Reserved) 16.36 Relocation of Buildings 16.40 Fire Code 16.42 (Reserved) 16.52 Prevention of Flood Damage 16.54 Energy Code 16.56 Uniform Housing Code Adopted 16.58 Green Building Standards Code Adopted 16.60 Building Conservation Code Adopted 16.70 Uniform Code for the Abatement of Dangerous Buildings Code Adopted 16.72 Recycling and Diversion of Construction and Demolition Waste 16. 74 Wildland Urban Interface Fire Area 16.80 Safety Assessment Placards Cupertino -Buildings and Construction 2 ) 16.02.010 CHAPTER 16.02: ADMINISTRATIVE CODE Section 16 .02.010 16.02 .020 16 .02.030 16 .02.040 16 .02 .050 16.02.060 16 .02 .070 16.02.080 16 .02 .090 16.02 .100 16 .02 .110 16 .02.120 16 .02 .130 16.02 .140 16 .02 .150 16.02.200 16 .02 .240 16.02.250 16.02 .260 16.02.270 16.02 .280 16 .02.290 16.02.300 Purpose. Definitions. Scope. General. Applications and permits . Notices and orders . Inspections . Identification . Right of entry. Department records . Liability. Approved materials and equipment. Modifications . Alternate materials , design and methods of construction and equipment. Permit required . Submittal documents . Responsibility of permittee . Fees. Inspections . Certificate of occupancy . Board of Appeals . Violations. Stop work order. 16 .02.010 Purpose. A. The purpose of this title is to establish the minimum requirements to safeguard to public health , safety and general welfare through structural strength, means of egress facilities, stability, sanitation , adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. B . This title provides for the administration and enforcement of the building , residential, plumbing, mechanical , electrical, fire prevention, energy, housing, green building, building conservation and historical codes adoptedbytheCityofCupertino . (Ord . 16-2155 , § 1 (part), 2016) 2016 S-59 3 16.02.020 Definitions . For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein . When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory . A . "Building" means any structure used or intended for supporting or sheltering any use or occupancy . A structure containing less than one hundred and twenty (120) square feet of floor space shall not fall within this definition; B . "Building Official" means the Chief Building Official for the City of Cupertino or designee; C. "City" means the City of Cupertino ; D . "Person" means any person, firm, partnership , association, corporation, company or organization of any kind. (Ord. 16-2155, § 1 (part), 2016) 16.02.030 Scope. The provisions of this title shall apply to the construction, alteration, relocation , enlargement, replacement, repair, use and occupancy and demolition of every building, structure and building services equipment of every building or structure within the city . Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case , different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall go vern . (Ord . 16-2155, § 1 (part), 2016) 16.02.040 General. Adopt Section [A] 104 .1 of the 2016 California Building Code as follows: [A] 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this title . The Building Official shall have the authority to render interpretations of the codes identified in this title and to adopt policies and procedures in order to clarify the 16.02.040 Cupertino -Buildings and Construction 4 application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose for each code . Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the code. (Ord. 16-2155, § 1 (part), 2016) 16 .02.050 Applications and permits. Adopt Section [A] 104 .2 of the 2016 California Building Code as follows: [A] 104.2 Applications and permits . The Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. [A] 104.2.1 Determination of substantially improved or substantially damaged existing building and structures in flood hazard areas. For application for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612. (Ord . 16-2155, § 1 (part), 2016) 16 .02.060 Notices and orders. Adopt Section [A] 104 .3 of the 2016 California Building Code as follows: [A] 104 .3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. (Ord. 16-2155, § 1 (part), 2016) 16.02.070 Inspections. Adopt Section [A] 104.4 of the 2016 California Building Code as follows : [A] 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual . The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the 2016 S-59 approval of the appointing authority. (Ord . 16-2155, § 1 (part), 2016) 16 .02.080 Identification. Adopt Section [A] 104.5 of the 2016 California Building Code as follows: [A] 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (Ord . 16-2155, § 1 (part), 2016) 16.02.090 Right of Entry. Adopt Section [A] 104.6 of the 2016 California Building Code as follows : [A ] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested . If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. (Ord. 16 -2155, § 1 (part), 2016) 16 .02.100 Department records. Adopt Section [A] 104. 7 of the 2016 California Building Code as follows: [A] 104. 7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records . (Ord. 16-2155, § 1 (part), 2016) 16.02.110 Liability. Amend Section [A] 104.8 of the 2016 California Building Code as follows: [A] 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties ) 5 Administrative Code 16.02.110 required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties . Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. (Ord. 16-2155, § 1 (part), 2016) 16.02.120 Approved materials and equipment. Adopt Section [A] 104.9 of the 2016 California Building Code as follows: [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. [A] 104.9 .1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and d ev ic e s shall not be reused unless approved by the Building Official. (Ord. 16-2155, § 1 (part), 2016) 16.02 .130 Modifications. Adopt Section [A] 104.10 of the 2016 California Building Code as follows: [A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements . The details of action granting modifications shall be recorded and entered in the files of the department of building safety. (Ord. 16 -2155, § 1 (part), 2016) 16.02.140 Alternate materials, design and methods of construction and equipment. Amend Section [A] 104.11 of the 2016 California Building Code as follows: 2016 S-59 [A] 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. [A] 104 .11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. (Ord . 16-2155, § 1 (part), 2016) 16.02.150 Permit Required. Adopt Section [A] 105 .1 of the 2016 California Building Code as follows : [A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish , or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair , remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the California Code of Regulations, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Adopt Section [A] 105.2 of the 2016 California Building Code as follows: [A] 105.2 Work exempt from permit. Exemptions from permit requirement of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction . Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2). 2 . Fences not over 7 feet (2134 mm) high . 3 . Oil derricks . 16.02.150 Cupertino -Buildings and Construction 6 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids . 5 . Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2: 1. 6 . Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7 . Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8 . Temporary motion picture, television and theater stage sets and scenery . 9 . Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches (610 mm) deep , are not greater than 5,000 gallons (18 ,925 L) and are installed entirely about ground. 10 . Shade cloth structures constructed for nursery or agricultural purposes, not including service systems . 11. Swing and other playground equipment accessory to detached one-and two-family dwellings . 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13 . Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles . Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas . Temporary testing systems: A permit shall not be required for the installations of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2016 S-59 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1 . Portable heating appliance. 2. Portable ventilation equipment. 3 . Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code . 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler . 7. Self-contained refrigeration system containing 10 pounds (4 .54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0. 75 kW) or less. Plumbing: 1. . The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures . [A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Amend Section [A] 105.3 of the 2016 California Building Code as follows: [A] 105.3 Application for permit. To obtain a permit , the applicant shall first file an application therefor in writing on a form furnished by the City for that purpose . Such application shall : 1. Identify and describe the work to be co vered by the permit for which application is made . 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work . ) 7 Administrative Code 16.02.150 3 . Indicate the use and occupancy for which the proposed work is intended . 4 . Be accompanied by construction documents and other information as required in Section 107 . 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7 . Give such other data and information as required by the building official. Adopt Section [A] 105.3 .2 of the 2016 California Building Code as follows: [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing , unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated . Adopt Section [A] 105 .4 of the 2016 California Building Code as follows : [A] 105.4 Validity of permit. The iss uance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. Adopt Section [A] 105 .5 of the 2016 California Building Code as follows : [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 da ys after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced . The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated . 2016 S-59 Adopt Section [A] 105 .6 of the 2016 California Building Code as follows : [A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information , or in violation of any ordinance or regulation or any of the provisions of this code . Adopt Section [A] 105 .7 of the 2016 California Building Code as follows: [A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. (Ord . 16-2155, § 1 (part), 2016) 16.02 .200 Submittal Documents. [A] 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit applic ation. The construction document shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed . Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that the review of construction documents is not necessary to obtain compliance with this code. [A] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2 .6. [A] 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material . Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 16.02.200 Cupertino -Buildings and Construction 8 [A] 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to the Fire Department to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation unless prior approval is granted by the fire code official. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. [A] 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3 , and 1-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. [A] 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wan envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings . The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested , where applicable, as well as the test procedure used. [A] 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site , distances from lot lines, the established street grades and the proposed finished grades and, as applicable , flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are 2016 S-59 to remain on the site or plot. The building official is authorized to waive or modify the requirements for a site plan when the application for permit is for alteration or repair or when otherwise warranted. [A] 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. [A] 107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603. [A] 107 .3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the cons t ruction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. [A] 107 .3 .1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance". It shall be the responsibility of the owner or owner's representative to obtain a hard-copy of the approved plans and documents which shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative . [A] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized , and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. [A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 9 Administrative Code 16.02.200 [A] 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge . The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. [A] 107.3.4.1 Deferred subm.ittals. Deferral of any submittal items shall have the prior approval of the building official . The r egis te r ed de s ign profess ional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building . The deferred submittal items shall not be installed until the deferred submittal document have been approved by the building official . [A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction shall be submitted for approval as an amended set of construction documents. [A] 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than required by the approved City's document retention plan. (Ord. 16-2155, § 1 (part), 2016) 2016 S-59 16.02.240 Responsibility of permittee. Add new Section [A] 105 .8 to the 2016 California Building Code to read as follows : Responsibility of permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicant's agent, employees or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code. (Ord. 16-2155, § 1 (part), 2016) 16.02.250 Fees. Fees shall be paid to the city as set forth in the latest resolution adopted by the city. (Ord. 16-2155, § 1 (part), 2016) 16.02.260 Inspections. Adopt Section [A] 110 .1 of the 2016 California Building Code as follows : [A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of any of the codes or amendments specified in this title . It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes . Neither the Building Official nor the City of Cupertino shall be liable for expense entailed in the removal or replacement of any material required to allow inspections. Adopt Section [A] 110.2 of the 2016 California Building Code as follows: [A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings , structures and sites for which an application has been filed . Amend Section [A] 110 .3 of the 2016 California Building Code as follows: [A] 110.3 Required inspections. The Building Official, upon notification, shall make the inspections set forth in Section 110 . 3 . 1 through 110 . 3. 10. 16.02.260 Cupertino -Buildings and Construction 10 [A] 110 .3.1 Footing and foundation inspection. Footing and foundation inspection shall be made after excavations for footings are complete any required reinforcing steel is in place. For concrete foundations , any required forms shall be in place prior to inspection . Material for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. An engineering survey, pad certification, and/or geotechnical letter may be required by the Building Official prior to the approval of the foundation inspection. [A] 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the sub floor. [A] 110 .3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. [A] 110.3.4 Frame inspection . Framing inspection shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires , pipes and ducts are approved. [A] 110.3.4.1 Moisture content verification. Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4 .5. [A] 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished . Exception: Gypsum board and gypsum panel products that are not part of a fire-resistanc e-rated assembly or a shear assembly . 2016 S-59 [A] 110.3.6 Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved . [A] 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to , inspection for: envelope insulation R-and U-values , fenestration U-value, duct system R-value, and HV AC and water-heating equipment efficiency. [A] 110.3.8 Other Inspections. In addition to the inspections specified in Sections 110 . 3. 1 through 110. 3. 7, the Building Official is authorized to make or require any other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Building Department. For the purpose of determining compliance, the Building Official may cause any structure to be reinspected . If any inspection is made at the request of any individual , property owner or lending institution , a fee equal to the cost of making such inspection shall be charged as set forth in the latest resolution adopted by the city . [A] 110.3 .9 Special inspections. For special inspections, see Chapter 17 . [A ] 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. All surveys , pad certifications, engineering certifications, structural observation reports, special inspection reports, and any other documentation related to each of the required inspections as required by the Building Official shall be rev iewed and approved by the City prior to the approval of each inspection unless approval is granted by the Building Official to allow required documentation to be re viewed and approved prior to final inspection. [A] 110.3.10.1 Flood hazard documentation. If located in a flood hazard area , documentation of the elevation of the lowest floor as required in Section 1612 .5 shall be submitted to the building · official prior to the final inspection . 110.3.10.2 Operation and maintenance manual. At the time of final inspection, an electronic copy of the operation and maintenance lOA Administrative Code 16.02.260 manual acceptable to the enforcing agency shall be placed in the building in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.4. [A] 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability . [A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work that are required by this code. [A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed , or notify the permit holder or his or her agent wherein the same fails to comply with this code . Any portions that do no t comply - shall be corrected and such portion shall not be covered or concealed until author ized by the building official. (Ord. 16-2155 , § 1 (part), 2016) 16.02.270 Certificate of Occupancy. Adopt Section [A] 111.1 of the 2016 California Building Code as follows: [A] 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made , until the Building Official has issued a certificate of occupancy therefor as provided herein . Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any provision of this code or any ordinance of the City of Cupertino. Adopt Section [A] 111.2 of the 2016 California Building Code as follows : [A] 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no viol ations of the provisions of this code or other laws that are enforced by the Building Department, the Building Official may issue a certificate of occupancy that contains the following: 1. The building permit number . 2. The address of the building or structure. 2016 S-59 3 . The name and address of the owner. 4 . A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6 . The name of the Building Official. 7 . The edition of the code under which the permit was issued. 8 . The use and occupancy, in accordance with the provision of Chapter 3 of the California Building Code. 9. The type of construction as defined in Chapter 6 of the California Building Code. 10 . The design occupant load. 11. If the automatic sprinkler system is provided, whether the sprinkler system is required . 12. Any special stipulations and conditions of the building permit. Adopt Section [A] 111. 3 of the 2016 California Building Code as follows : [A] 111 .3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work co ve red by the permit , provided that such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid . Adopt Section [A] 111.4 of the 2016 California Building Code as follows: [A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the California Building Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the California Building Code . (Ord . 16-2155, § 1 (part), 2016) 16.02.280 Board of Appeals. Adopt Section [A] 113 .1 of the 2016 California Building Code and amend to read as follows: [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to application and interpretation of 16.02.280 Cupertino -Buildings and Construction lOB the codes identified in this Title, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction installations and materials . The Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant , and may recommend to the City Council such new legislation as is consistent therewith. To the extent permitted by law, the same personnel of the Board of Appeals appointed under this code may act as the Board of Appeals under this Title. In the event where no such Board of Appeals has been established, the City Council shall serve as said Appeals Board. Add Section [A] 113.1.1 to read as follows: [A] 113.1.1 Access Compliance. Per Health and Safety Code 19955 -19959 .5, in order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to Access Compliance , there shall be and is hereby created a Board of Appeals consisting of five members to hear written appeals brought by any person regarding action taken by the Building Department. Two members of Accessibility Board of Appeals shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member. The Accessibility Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council . The Accessibility Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant, and may recommend to the City Council such new legislation as is consistent therewith. In the event where no such Board of Appeals has been established, the City Council shall serve as said Appeals Board. (Ord. 16-2155, § 1 (part), 2016) 16.02.290 Violations. Adopt Section [A] 114.1 of the 2016 California Building Code as follows: [A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct , alter, extend, repair, move, remove, demolish or occupancy any building, structure or equipment regulated by the codes identified in this title, or cause same to be done, in conflict with or in violation of any of the provisions of any code identified in this title. 2016 S-59 Adopt Section [A] 114.2 of the 2016 California Building Code as follows : [A] 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal , demolition or occupancy of a building or structure in violation of any provisions of any code identified in this title, or in violation of a permit or certificate issued under the provisions of any code identified in this title. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation . (Ord. 16-2155, § 1 (part), 2016) 16.02.300 Stop Work Order. Adopt Section [A] 115.1 of the 2016 California Building Code as follows: [A] 115.1 Authority . Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of any code identified in this title or dangerous or unsafe , the Building Official is authorized to issue a stop work order. Adopt Section [A] 115.2 of the 2016 California Building Code as follows : [A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work . Upon issuance of a stop work order, the cited work shall immediately cease . The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. (Ord . 16-2155, § 1 (part), 2016) 16.04.010 CHAPTER 16.04: BUILDING CODE Section 16.04,010 16 .04 .015 16.04 .050 16.04.070 16.04 .080 16.04 .200 16.04 .210 16 .04.400 Code adoption . Adoption of appendix chapters. Address identification. Exterior wildfire exposure . Roof covering classification . Concrete iso lated footings . Revise Section 1905.1.7 ACI 318, Section 14.1.4. Swimming pools . 16.04.010 Code Adoption. A . The provisions of the 2016 California Building Code, Volumes 1 and 2 inclusive, and Appendices which follow and each and all of the regulations, prov isions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted . B . One (1) copy of each volume of the code therefor e is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 16-2155, § 2 (part), 2016) 16.04.015 Adoption of Appendix Chapters . The following Appendix Chapters from the 2016 California Building Code are hereby adopted. Appendix C: Group U -Agricultural Buildings; Appendix F : Rodentproofing; Appendix G: Flood-Resistant Construction ; Appendix I: Patio Covers; California Code Part 8: 2016 California Historical Building Code; California Code Part 10: 2016 California Existing Building Code; California Code Part 12: 2016 California Referenced Standards Code (Ord. 16-2155, § 2 (part), 2016) 16.04.050 Address Identification. Adopt Section 501.2 of the 2016 California Building Code and amend to read as follows : 2016 S-59 11 New and existing buildings shall be provided with approved address numbers or letters. Each character shall be not less than 4 inches in height and not less than O. 5 inch in width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. When required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure . Address numbers shall be maintained . No Certificate of Occupancy or final building approval for new construction or alterations shall be granted until the building or residence has a street address number posted. Subdivisions and Planned Developments shall submit a numbering schedule for approval by the Building Dep artment and the Fire Department. All commercial buildings having a single address assigned with multi-suite arrangements shall have the suite-numbering system approved or assigned by the Building Department with an approved copy to the Fire Department for emergency us e . (Ord . 16-2155, § 2 (part), 2016) 16 .04.070 Exterior Wildfire Exposure. Amend Section 707 A. 9 of the 2016 California Building Code to read as follows: 707A .9 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall consist of one of the following : 1. Noncombustible material . 2. Ignition-resistant material . 3 . One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection. 4 . The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum 16.04.070 Cupertino -Buildings and Construction 12 panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual. 5. The underside of a floor assembly that meets the performance criteria in accordance with the test procedures set forth in the SFM Standard 12-7A -3 or ASTM E2957. Exception: Heavy timber structural columns and beams do not require protection. Amend Section 710A .4 of the 2016 California Building Code to read as follows : 710A.4 Requirements . Accessory structures shall be constructed on noncombustible or ignition-resistant materials . (Ord . 16-2155, § 2 (part), 2016) 16.04.080 Roof Covering Classification. Amend Section 1505 .1.3 of the 2016 California Building Code to read as follows: 1505 .1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration , repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Amend Section 1505 .1.4 of the 2016 California Building Code to read as follows: 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area . The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section 705A. (Ord . 16-2155, § 2 (part), 2016) 16.04.200 Concrete Isolated Footings . Amend section 1705.3 Exception #1 of the 2016 California Building Code to read as follows : 1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705. 3 . 2016 S-59 Exception: Special inspections shall not be required for: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2 ,500 pound per square inch (psi) (17.2 Mpa). (Ord . 16-2155, § 2 (part), 2016) 16.04.210 Revise Section 1905 .1.7 ACI 318, Section 14.1 .4. Delete Section 1905 .1.7 and ACI 318 Section 14.1.4 and replace with the following : 1905.1.7 ACI 318, Section 14.1.4. 14.1.4 -Plain concrete in structures assigned to Seismic Design Category C, D, E or F . 14. 1.4 .1 -Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows: (a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness . (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No . 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing . A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections . Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No . 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing . (Ord. 16-2155, § 2 (part), 2016) ) 12A Building Code 16.04.400 Swimming Pools. Adopt Section 3109 of the 2016 California Building Code . Inspections for Swimming Pools . A. All Work to Be Inspected. All pool installations or alterations thereto including equipment, piping and appliances related thereto shall be inspected by the Building Department to insure compliance with the requirements of the California Building Code . B . Called Inspections. It shall be the duty of the person doing the work authorized by the building permit to notify the Building Department that said work is ready for inspection . Such notification shall be given not less than twenty-four hours before the work is to be inspected . 2016 S-59 1. Pregunite inspection is required when all steel is in place, piping from the pool area is in with pressure test , all steel and related attachments are properly bonded and underwater light housing is installed; 2. An inspection is required for all conduit and gas piping under slabs before decks are poured; 3 . Final inspection is required after all equipment is in place and operating, the pool is filled with water and all fences and gates are install ed; 4 . A reinspection fee per the adop ted fe e schedule per inspection will be charged for each inspection over two where the work is not ready or corrections have not been completed; 5 . The owner shall arrange with the Building Department for inspectors to enter the property to make necessary inspections in connection with the pool. (Ord . 16-2155, § 2 (part), 2016) 16.04.400 Cupertino -Buildings and Construction 12B ) 16.06.010 CHAPTER 16.06: RESIDENTIAL CODE Section 16.06.010 16.06.015 16.06 .050 16.06 .060 16.06.070 16.06.090 16.06.100 16.06.110 Code adoption. Adoption of appendix chapters. Automatic fire sprinkler systems. Materials and construction methods for exterior wildfire exposure. Footings. Roof covering classification . Spark arrestors. Intermittent brace wall panel construction methods. 16.06.010 Code Adoption. A. The provisions of the 2016 California Residential Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection . (Ord. 16-2155, § 3 (part), 2016) 16.06.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2016 California Residential Code are hereby adopted : Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix H: Patio Covers; Appendix J: Existing Building and Structures; Appendix K: Sound Transmission; Appendix V: Swimming Pool Safety Act . (Ord. 16-2155, § 3 (part), 2016) 16.06.050 Automatic Fire Sprinkler Systems. Amend Section R313. 1 of the 2016 California Residential Code to read as follows: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in existing townhouses 2016 S-59 13 when additions are made that increase the building area to more than 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building area. Amend Section R313 .2 of the 2016 California Residential Code to read as follows: R313.2 One-and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one-and two-family dwellings as follows: 1. In all new one-and two -family dwellings, rebuild of existing one-and two -family dwellings as defined by the Building Offi cial , and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: 1. One or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building area. 2. A fire sprinkler system is not required for an accessory dwelling unit if a fire sprinkler system is not provided for the primary residence it serves. 2. In all new basements and in existing basements that are expanded. Exception: Existing basements that are expanded by not more than 50%. (Ord . 16-2155, § 3 (part), 2016) 16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure. Amend Section R337.7.9 of the 2016 California Residential Code to read as follows: 16.06.060 Cupertino -Buildings and Construction 14 R337.7.9 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall consist of one of the following: 1. Noncombustible material . 2. Ignition-resistant material. 3 . One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection . 4 . The exterior portion of a I-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual. 5 . The underside of a floor assembly that meets the performance criteria in accordance with the test procedures set forth in either of the following : 5.1 SFM Standard 12-7A-3; or 5.2 ASTM E2957 Exception: Heavy timber structural columns and beams do not require protection . Amend Section R337 .10.3 of the 2016 California Residential Code to read as follows : R337.10.3. Where required . Accessory structures shall comply with the requirements of this section . R337 .10 .3.1. Attached accessory structures shall comply with the requirements of this section . Amend Section R337.10.4 of the 2016 California Residential Code to read as follows : R337.10.4. Requirements . Accessory structures shall be constructed on noncombustible or ignition-resistant materials. (Ord . 16-2155, § 3 (part), 2016) 16.06.070 Footings. Amend Section R403 . l of the 2016 California Residential Code to read as follows: R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of 2016 S-59 the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footings shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with ACI 332. Amend Section R403.1 . l of the 2016 California Residential Code to read as follows: R403.1.1 Minimum size . Minimum sizes for concrete and masonry footings shall be as set forth in Table R403 .1(1) to Table R403 .1(3) and Figure R403.1.3. The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4 .1. Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4 .1. Delete Figure R403 .1(2) and Figure R403.1(3). Delete Section R403.2 in its entirety. (Ord. 16-2155, § 3 (part), 2016) 16.06.090 Roof Covering Classification. Amend Section R902 .1.3 of the 2016 California Residential Code to read as follows: R902 .1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration , repair or replacement of the roof of every exis ting structure, shall be a fire -retardant roof covering that is at least Class A. Amend Section R902 .1.4 of the 2016 California Residential Code to read as follo ws: R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replac ement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R337.5. (Ord . 16-2155, § 3 (part), 2016) 14A Residential Code 16.06.100 Spark Arrestors. In new construction or when alterations, repairs or additions requiring a permit and having a valuation in excess of one thousand dollars occur, all new and existing fireplace chimneys shall terminate in a substantially constructed spark arrestor complying with the requirements of the 2016 California Residential Code Section R1003.9 .2. (Ord. 16 -2155, § 3 (part), 2016) 16.06.110 Intermittent Brace Wall Panel Construction Methods . Amend Section R602.10.4 of the 2016 California Residential Code, to add a new footnote "f" to the end of CRC Table R602.10.3(3) to re ad as follows: f. In Seismic Design Categories D0 , D 1, and D2 , Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures. Add the "f" footnote notation in the title of Table R602.10.3(3) to read as follows: TABLE R602.10.3(3)1 BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY Add a new subsection R602.10.4.4 of the 2016 California Residential Code, to read as follows: R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0 , D1 , and D2 , Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing . In Seismic Design Categories D0 , D1 , and D2 , the use of Method PCP is limited to one-story single family dwellings and accessory structures. (Ord. 16-2155, § 3, 2016) 2016 S-59 16.06.100 Cupertino -Buildings and Construction l4B ) 16.16.010 CHAPTER 16.16: ELECTRICAL CODE Section 16.16 .010 16.16.015 16 .16.020 16.16.030 16 .16 .040 16 .16.050 16.16 .060 Code adoption . Adoption of appendix chapters. Article 100 amended-Definitions. Electrical work. Electrical fee schedule . Interpretation. Electrical maintenance program . 16.16.010 Code Adoption. A. The provisions of the 2016 California Electrical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. B . One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 16-2155, § 4 (part), 2016) 16.16.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2016 California Electrical Code have been adopted. (Ord. 16-2155, § 4 (part), 2016) 16.16.020 Article 100 Amended-Definitions. Adopt Article 100 of the 2016 California Electrical Code with the following definitions added: Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical contractor's license issued by the State of California. Journeyman Electrician. A journeyman electrician is an electrician qualified by training and experience to do electrical work in conjunction with new construction and/or rework of existing systems . Maintenance Electrician. A maintenance electrician in an electrician qualified by training and experience to do the recurring work required to keep a facility in such condition that it may be utilized at its designated capacity and efficiency, to do repair work or replacement or overhaul of constituent parts or materials to keep or restore a facility 2016 S-59 31 to a condition substantially · equivalent to its original or design capacity or efficiency . (Ord . 16-2155, § 4 (part), 2016) 16.16.030 Electrical Work. Electrical work shall be done only by: a . Owner/Builder; b. Electrical contractors who are in compliance with the state licensing laws and whose employees are under the direct supervision of a qualified journeyman electrician; c. General Building Contractor if scope of work involves at least two unrelated trades or crafts other than framing or carpentry, or if the general building contractor holds the appropriate license classification; d. Maintenance electrician . (Ord . 16-2155, § 4 (part), 2016) 16.16.040 Electrical Fee Schedule. Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the city . (Ord . 16-2155, § 4 (part), 2016) 16.16.050 Interpretation. A. The language used in this code, and the California Electrical Code, which is made a part of this code by reference, is intended to convey the common and accepted meaning familiar to the electrical industry . B . The Building Official or his assistants is authorized to determine the intent and meaning of any provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public. (Ord . 16-2155, § 4 (part), 2016) 16.16.060 Electrical Maintenance Program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any property which such person owns or occupies, may designate a qualified electrician as a maintenance electrician. Upon being approved by the Chief Building Official , the maintenance electrician shall make monthly or quarterly reports to the city covering all installations, additions, or alterations. All 16.16.060 Cupertino -Buildings and Construction such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the payment of fees , and to inspection by the electrical inspector to the same extent as similar work performed by other persons and for which such inspection is provided. (Ord . 16-2155, § 4 (part), 2016) 2016 S-59 32 CHAPTER 16.20: PLUMBING CODE Section 16.20 .010 16.20.015 16.20.020 Code adoption. Adoption of appendix chapters . Name insertion. 16.20.010 Code Adoption. A. The provisions of the 2016 California Plumbing Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 16-2155, § 5 (part), 2016) 16.20.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2016 California Plumbing Code are hereby adopted: Appendix A: Recommended Rules for Sizing the Water Supply System; Appendix B: Explanatory Notes on Combination Waste and Vent Systems; Appendix C: Alternate Plumbing Systems; Appendix D: Sizing Storm Water Drainage Systems; Appendix H: Private Sewage Disposal Systems; Appendix I: Installation Standards for PEX Tubing Systems for Hot-and Cold-Water Distribution. (Ord. 16-2155, § 5 (part), 2016) 16.20.020 Name Insertion. The names "Cupertino" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of such California Plumbing Code wherein either the name of the city or state is left blank. (Ord. 16-2155, § 5 (part), 2016) 2016 S-59 33 16.20.010 Cupertino -Buildings and Construction 34 ) CHAPTER 16.24: MECHANICAL CODE Section 16.24 .010 16.24.015 16.24 .020 Code adoption . Adoption of appendix chapters . Name insertion. 16.24.010 Code Adoption. A. The provisions of the 2016 California Mechanical Code and each and all of the regulations, provisions , conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted . B . One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 16-2 155, § 6 (part), 2016) 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2016 California Mechanical Code have been adopted . (Ord . 16 -2155, § 6 (part), 2016) 16.24.020 Name Insertion. The names "Cupertino" and /or "California" shall be inserted in the appropriate places provided therefor in each and every section of such California Mechanical Code wherein either the name of the city or state is left blank. (Ord . 16-2155, § 6 (part), 2016) 2016 S-59 35 16.24.010 Cupertino -Buildings and Construction 36 Section 16.40.010 16.40.015 16.40 .060 16.40 .070 16.40 .080 16.40.120 16.40 .130 16 .40.180 16.40 .200 16.40.210 16.40.220 16.40 .230 16.40 .300 16.40.310 16.40 .320 16.40.330 16.40 .340 16.40 .350 16.40.355 16 .40.360 16.40.365 16.40.370 16.40 .380 16.40.385 16.40.390 16.40.400 16.40.410 2016 S-59 16.40.010 CHAPTER 16.40: FIRE CODE Adoption of the 2016 California Fire Code and 2015 International Fire Code. Adoption of appendix chapters. Permits. Definitions. Hazards to firefighters . Fire apparatus access roads. Access to building openings and roofs . Electrical equipment , wiring and hazards. Decorative vegetation in new and existing buildings . Automatic sprinkler systems. Precautions against fire. Fire safety during construction and demolition-means of egress. Definitions-Wildland-Urban Interface Fire Areas. Application. Defensible space . Fire protection plan. Water supply. Ignition source control. General-hazardous materials. General requirements-hazardous materials . Storage-hazardous materials . General -explosives and fireworks. Establishment of limits of districts in which storage of Class I and II liquids in abo veground tanks is prohibited . Storage-flammable and combustible liquids. Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited . On-demand mobile fueling . Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited . 45 16.40.420 16.40.430 16.40 .440 16.40.440 16.40.460 16.40.010 Genera-highly toxic, toxic and moderately toxic materials . Highly toxic , toxic and moderately toxic compressed gasses including those used as refrigerants. Establishment of limits in which storage of liquefied petroleum gases is prohibi ted . Use-silane distribution systems automatic shutdown . Reference standards. Adoption of the 2016 California Fire Code and 2015 International Fire Code. A. There is hereby adopted by the City of Cupertino for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2016 California Fire Code based on the 2015 International Fire Code, including Appendix Chapters B, C and N and the whole thereof, save and excep t such portions as are hereinafter deleted, modified or amended by this chapter. B. One (1) copy of the code therefore is on file in the office of the Building Official and the Fire Code Official pursuant to Health and Safety Code Se ction 18942 and are made available for public inspection. (Ord . 16-2155, § 7 (part), 2016) 16.40.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2016 California Fire Code are hereby adopted . Appendix B: Fire-Flow Requirement for Buildings . Appendix C : Fire Hydrant Locations and Distribution . Appendix N : Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses . (Ord . 16-2155, § 7 (part), 2016) 16.40.060 Permits. Amend Section 105 . 1. 7 to the 2016 California Fire Code to read as follows : 105 .1. 7 Construction permit fees. Construction permit fe es and plan review fees for fire hydrant sys tems, 16.40.060 Cupertino -Buildings and Construction 46 fire extinguishing systems and fire alarm systems shall be paid to the Santa Clara County Fire Department in accordance with the following table based on valuation . The val uation shall be limited to the val ue of the system for which the permit is being issued . Plan review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee amount for each permit, the plan review fee shall be ad ded to the Permit Fee. TOTAL PERMIT FEE VALUATIONS $1.00 to $500.00 $23.50 $501.00 to $23.50 for the first $500.00 plus $2 ,000 .00 $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2001.00 to $69 .25 for the first $2,000.00 $25,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $391.25 for the first $25,000.00 $50,000.00 plus $10.10 for each additional $1,000 .00, or fraction thereof, to and including $50,000 .00 $50,001.00 to $643. 75 for the first $50,000.00 $100,000.00 plus $7 . 00 for each additional $1 ,000 .00, or fraction thereof, to and including $100,000.00 $100,001.00 to $993 . 7 5 for the first $100 ,000 . 00 $500,000.00 plus $5. 60 for each ad ditional $1 ,000.00, or fraction thereof, to and including $500,000.00 $500,001 to $3,233 .75 for the first $1,000,000.00 $500,000.00 plus $4 .75 for each additional $1 ,000.00 , or fraction thereof, to and including $1,000,000.00 $1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000 .00 , or fraction thereof Additional re-inspections, in connection with the permits above, are to be paid at $50.00 for each occurrence at the discretion of the fire code official. Cancelled inspections without advance notice are to be paid at $112 .00 for each occurrence. 2016 S-59 Amend Section 105 .1. 8 the 2016 California Fire Code to read as follows: 105.1.8 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows: FACILITY TYPE PERMIT FEE 1. Institutional A . More than 6 persons $75.00 -Annually B. Over 50 persons $100 .00 -Annually 2 . Day Care Facilities More than 6 clients $35. 00 -Annually 3. Places of Assembly A. 50-300 persons $50.00 -Annually B. Over 300 persons $85. 00 -Annually 4 . Temporary Membrane $85. 00 -Each Structures, Tents and occurrence Canopies (Only those requiring permits in accordance with Section 105 .6.43). Amend Section 105 .6 .9 of the 2016 California Fire Code to read as follows : 105.6.9 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NPT) of compressed gases in excess of the amounts listed in Table 105. 6. 9 . Exceptions:· 1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. 2. Inert and simple asphyxiants at or below the amounts listed in Table 105.6.9. Amend Table 105. 6 . 9 of the 2016 California Fire Code to read as follows : ) 47 Fire Code 16.40.060 TABLE 105.6.9 PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS AMOUNT cubic feet at NTP Corrosive 200 Flammable (except cryogenic and 200 liquefied petroleum gases) Highly toxic Any amount Inert and simple asphyxiant• 6,000 Moderately toxic 20 Other health hazards 200 Oxidizing (including oxygen) 504 Pyrophoric Any amount Toxic Any amount For SI: 1 cubic foot = 0.02832 m2 a . For carbon dioxide used in beverage dispensing applications, see Section 105.6.4 . 105.6.17 Flammable and combustible liquids. An operation permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems . 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37. 9 L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the 2016 S-59 fuel tank of a motor vehicle, aircraft , motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition . 2.2. The storage or use of paints , oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purpose for a period of not more than 30 days. 3 . 4 . To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil burning equipment. To store, handle or use Class IIIB liquids I tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating. 5 . To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary onsite pumps normally used for dispensing purposes . 6. To operate tank vehicles, equipment, tanks, plants, terminals , wells, fuel-dispensing stations, refineries, distilleries, and similar facilities where flammable and combustible liquids are produced, processed, transported , stored, dispensed or used. 7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a materials that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10 . To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial industrial, governmental or manufacturin~ establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707 . 11 . To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706. 5 . 4 or to utilize a site for on-demand mobile fueling operations in accordance with Section 5707 . Amend Table 105.6 .21 of the 2016 California Fire Code to read as follows : 16.40.060 Cupertino -Buildings and Construction 48 TABLE 105.6.21 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See Section 105 . 6 .17 Corrosive materials: Gases See Section 105.6 .9 Liquids 55 gallons Solids 500 pounds Explosive materials See Section 105 .6.15 Flammable materials: G ases See Section 105.6 .9 Liquids See Section 105 . 6. 17 Solids 100 pounds Hi ghly toxic materials: Gases See Section 105 .6.9 Liquids Any Amount Solids Any Amount Moderately toxic materials: Gases See Section 105 .6.9 Other health hazard materials: Gases See Section 105.6 .9 Liquids 55 gallons Solids 500 pounds Oxidizing materials: Gases See Section 105 .6.9 Liquids: Class 4 Any Amount Class 3 1 gallon Class 2 10 gallons Class 1 55 gallons Solids : Class 4 Any Amount Class 3 10 pounds b Class 2 100 pounds Class 1 500 pounds Organic peroxides : Liquids: Class I Any Amount Class II Any Amount Class III 1 gallon Class IV 2 gallons Class V No Permit Required Solids Class I Any Amount Class II Any Amount Class III 10 pounds Class IV 20 pounds Class V No Permit Required 2016 S-59 TYPE OF MATERIAL AMOUNT Pyrophoric materials: Gases Any amount Liquids Any amount Solids Any amount Toxic mater ials: Gases See Section 105 .6.9 Liquids 10 gallons Solids 100 pounds Unstable (reactive) materials: Liquids Class 4 Any Amount Class 3 Any Amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any Amount Class 3 Any Amount Class 2 50 pounds Class 1 100 pounds Water-reactive materials: Liquids Class 3 Any Amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any Amount Class 2 50 pounds Class 1 500 pounds For SI: 1 gallon = 3 .785 L, 1 pound = 0.454 kg. a . 20 gallons for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003. 5 are provided for quantities of 20 gallons or less. b . 200 pounds for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003. 5 are prov ided for quantities of 200 pounds or less. Adopt Section 105.6 .50 to the 2016 California Fire Code to read as follows: 105 .6.50 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people. Adopt Section 105.6.51 to the 2016 California Fire Code to read as follows : 49 Fire Code 16 .40.060 105.6.51 Institutional. A permit is required to operate , maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to : hospitals , children's home, home or ins t itution for insane or mentally retarded persons, home or institution for the care of aged or senile persons , sanitarium, nursing or convalescent home , certified family care homes, residential care homes for the elderly, out of home placement facilities, halfway house , and day care nurseries or similar facility of any capacity . Amend Section 105.7 .3 of the 2016 California Fire Code to read as follows: 105 . 7 .3 Compressed Gases . A construction permit is required to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A construction permit is required to install, repair damage to, abandon, remove , place temporarily out of service, close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work . The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases . Such application shall include any change or alteration of the facility closure plan. This 30-day period may be waived by the chief if there are special circumstances requiring such waiver . Amend Section 105.7.4 of the 2016 California Fire Code to read as follows : 105.7 .4 Cryogenic fluids. A construction permit is required for installation of or alteration to cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105 . 6 .11. Maintenance performed in accordance with this code is not considered an alteration and does not require a construction permit. Adopt Section 106 .5 to the 2016 California Fire Code to read as follows: 106.5 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities 2016 S-59 and access ways have been complete d and approved. No final certificate of occupancy may be granted until the Fire Department issues notice of final clearance of such fire protection facilities and access ways to the Building Department. (Ord . 16-2155, § 7 (part), 2016) 16.40.070 Definitions. Adopt Chapter 3 of the 2016 California Fire Code with the following definitions amended or added : CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption . Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30 minutes . In occupied areas where air is re-circulated and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes . The gas detection system shall be able to detect the presence of a gas at or below the permissible exposure limit in occupiable areas and at or below ½ IDLH (or 0 .05 LC 50 if no established IDLH) in unoccupiable areas . CORROSIVE LIQUID. Corrosive liquid is: 1. any liquid which, when in contact with liv ing tissue , will cause destruction or irreversible alteration of such tissue by chemical action; 2 . any liquid having a pH of 2 or less or 12. 5 or more; 3 . any liquid classified as corrosive by the U.S. Department of Transportation; and 4 . any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations § 66261 .22 . MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate of highly toxic, toxic or moderately toxic gases in a control area which, due to the minimum aggregate quantities , need only comply with the requirements set forth in Section 6004.1. MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if 16.40.070 Cupertino -Buildings and Construction 50 death occurs within one hour, to albino rats weighing between 200 and 300 grams each. OTHER HEALTH HAZARD MATERIAL. Is a hazardous material which affects target organs of the body , including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) or teratogens (effect on fetuses). SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably to ensure detection and remedy of the primary containment failure . SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room. WORKSTATION. A defined space or an independent principal piece of equipment using hazardous materials with a hazard rating of 3 or higher as ranked by NFP A 704 where a specific function, laboratory procedure or research activity occurs . Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation . A workstation is allowed to contain ventilation equipment , fire protection devices, electrical devices, and other processing and scientific equipment. (Ord. 16-2155, § 7 (part), 2016) 16.40.080 Hazards to Firefighters. Adopt Section 316.7 of the 2016 California Fire Code to read as follows: 316 . 7 Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails . The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on . Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. (Ord . 16-2155, § 7 (part), 2016) 2016 S-59 16 .40.120 Fire apparatus access roads. Amend Section 503 .1 of the 2016 California Fire Code to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503 . 1 .1 through 503. 1. 3 and as per Fire Department access road Standards. Amend Section 503 .2 .1 of the 2016 California Fire Code to read as follows: 503 .2.1 Dimensions . Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, or as required by fire department access road standards, except for approved security gates in accordance with Section 503.6 , and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm). Exception: When there are not more than two Group R, Division 3 , or Group U occupancies , the access road width may be modified by the fire code official . Amend Section 503 .2.2 of the 2016 California Fire Code as follows: 503.2 .2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and /or vertical clearance where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction . (Ord . 16-2155, § 7 (part), 2016) 16.40.130 Access to building openings and roofs. Adopt Section 504 .5 to the 2016 California Fire Code to read as follows: 504.5 Access Control Devices. When access control devices including bars, grates , gates, electric or magnetic locks or similar devices , which would inhibit rapid fire department emergency access to or within the building are installed, such devices shall be approved by the fire code official . All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official. Access control devices shall also comply with Chapter 10 Egress . (Ord . 16-2155, § 7 (part), 2016) 51 Fire Code 16.40.180 Electrical equipment, wiring and hazards. Adopt Section 605 .13 of the 2016 California Fire Code to read as follows: 605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. (Ord. 16-2155 , § 7 (part), 2016) 16.40.200 Decorative Vegetation in New and Existing Buildings. Amend Section 806.1.1 of the 2016 California Fire Code to read as follows: 806.1.1 Display inside buildings. The display of Christmas trees and other decorative vegetation shall be in accordance with the California Code of Regulations, Title 19, Division 1, §3 .08 and Sections 806.1 through 806.5. (Ord. 16-2155, § 7 (part), 2016) 16.40.210 Automatic sprinkler systems. Amend Section 903. 2 of the 2016 California Fire Code to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.19 whichever is the more restrictive . For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations . 1. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. 2016 S-59 Exceptions: a. Buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire Area. b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area . 16.40.180 c . Group S-2 or U occupancies that are not located in the Wildland-Urban Interface and used exclusively for vehicle parking and meeting all of the following conditions: i. Noncombustible construction u. Maximum building area not to exceed 5,000 square feet iii. Structure is open on three (3) or more sides iv. Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. 2. An automatic sprinkler system shall be provided throughout existing buildings and structures when alterations or additions are made that create conditions described in Sections 903.2.1 through 903 .2.19 . 3. An automatic sprinkler system shall be provided throughout existing buildings and structures , when additions are made that increase the building area to more than 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1,000 square feet of building area. 4. An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50 % . 5. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or Building Official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety 1 or increased fire risk2 , shall require the installation of an approved automatic fire sprinkler system. 1 Life Safety -Increased occupant load , public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools / day-care facilities, large residential care facilities with non-ambulatory; 16.40.210 Cupertino -Buildings and Construction 52 2 Fire Risks -High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames). (Ord. 16-2155, § 7 (part), 2016) 16.40.220 Precautions against fire. Adopt Section 3304 . 8 of the 2016 California Fire Code to read as follows: 3304.8 Fire Walls. When firewalls are required, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s). (Ord . 16-2155, § 7 (part), 2016) 16.40.230 Fire Safety During Construction and Demolition-Means of egress. Amend Section 3311.1 of the 2016 California Fire Code to read as follows: 3311.1 Stairways Required. Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc .). Adopt Section 3311.1.1 of the 2016 California Fire Code to read as follows: Section 3311.1.1 Required Means of Egress. All new buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the prefire plan. See Section 3308 .2 . (Ord. 16-2155, § 7 (part), 2016) 2016 S-59 16.40.300 Definitions-Wildland Urban Interface Fire Areas. Amend Section 4902 of the 2016 California Fire Code for the definition of Wildland-Urban Interface Fire Area as follows: Wildland-Urban Interface Fire Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 5117 5 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The Wildland-Urban Interface Fire Area shall be defined as all areas within the City of Cupertino as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. The map properly attested , shall be on file in the Office of the City Clerk of the City of Cupertino . (Ord. 16-2155, § 7 (part), 2016) 16.40.310 Application. Amend Section 4906.2 of the 2016 California Fire Code to read as follows: 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Areas (SRA) including: 1. 1. Moderate Fire Hazard Severity Zones 1.2. High Fire Hazard Severity Zones 1.3 . Very-High Fire Hazard Severity Zones 2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban Interface Fire Area by the City of Cupertino. (Ord . 16-2155, § 7 (part), 2016) 16.40.320 Defensible space. Amend Section 4907 .1 of the 2016 California Fire Code to read as follows: 4907 .1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270 . ) 53 Fire Code 16.40.320 Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local Re sponsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175 -51189 and any local ordinance of the authority having jurisdiction. Persons owning, leasing, controlling, operating or maintaining buildings or structures in the locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times : 1. Maintain an effective defensible space by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures. Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. Maintain additional effective defensible space by removing brush, flammable vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by the fire code official due to steepness of terrain or other conditions that would cause a defensible space of only 30 feet (9144 mrn) to be insufficient. Exception: Grass and other vegetation located more than 30 feet (9144 mrn) from buildings or structures and less than 18 inches (457 mrn) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. 3 . Remove portions of trees, which extend within 10 feet (3048 mrn) of the outlet of a chimney . 4. Maintain trees adjacent to or overhanging a building free of deadwood; and 5 . Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. 6 . Defensible space shall also be provided around water tank structures, water supply pumps and pump houses. 7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers. 2016 S-59 8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The storage of firewood and combustible material within the defensible space shall be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet (4572 mrn). Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official. 9. Cle ar areas within 10 feet (3048 mrn) of fire apparatus access roads and driveways of non-fire-resistive vegetation growth. Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means of readily transmitting fire . Adopt Section 4907.2 of the 2016 California Fire Code to read as follows: 4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to give notice to the owner of the property upon which conditions regulated by Section 4907. 1 exist to correct such conditions. If the owner fails to correct such conditions the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such conditions exists. (Ord. 16-2155 , § 7 (part), 2016) 16.40.330 Fire protection plan. Adopt Section 4908 of the 2016 California Fire Code to read as follows: 4908.1 General. When required by the code official, a fire protection plan shall be prepared . 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetatio n, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management. 16.40.330 Cupertino -Buildings and Construction 54 4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant. 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official . (Ord. 16-2155, § 7 (part), 2016) 16.40.340 Water Supply. Adopt Section 4909 of the 2016 California Fire Code to read as follows: 4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection water supplies in accordance with Chapter 5 and Section 4909.2. Exception: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 4909.2 Standby power. Standby power shall be provided to pumps, controllers and related electrical equipment so that stationary water supply facilities within the wildland-urban interface area that are dependent on electrical power can provide the required water supply . The standby power system shall be in accordance with the Electrical Code. The standby power source shall be capable of providing power for a minimum of two hours. Exceptions: 1 . When approved by the code official, a standby power supply is not required where the primary power service to the stationary water supply facility is underground. 2 . A standby power supply is not required where the stationary water supply facility serves no more than one single-family dwelling. (Ord. 16-2155, § 7 (part), 2016) 16.40.350 Ignition source control. Adopt Section 4910 of the 2016 California Fire Code to read as follows: 4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area. (Ord. 16-2155, § 7 (part), 2016) 16.40.355 General-Hazardous Materials. Amend Section 5001.2.2 .2 of the 2016 California Fire Code to read as follows : 2016 S-59 5001.2.2.2 Health Hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard. 1. Highly toxic and toxic materials . 2 . Corrosive materials. 3 . Moderately toxic gas . 4. Otherhealthhazards . (Ord.16-2155, §7(part), 2016) 16.40.360 General requirements-Hazardous Materials. Adopt Section 5003 .1.5 of the 2016 California Fire Code to read as follows: 5003.1.5 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases. Adopt Section 5003.1.6 of the 2016 California Fire Code to read as follows: 5003.1.6 Other Health Hazards. The storage, use and handling of materials classified as other health hazards including carcinogens , irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with this Section 5003. Adopt Section 5003. 1. 7 of the 2016 California Fire Code to read as follows: 5003.1.7 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004 .2, an approved containment system is required for any quantity of hazardous materials, that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2. Amend Section 5003.2 .2 .1 of the 2016 California Fire Code to read as follows: ) 55 Fire Code 16.40.360 5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for h az ardous materials shall be in accordance with the following : 1. Piping, tubing, valves, fittings and r elated components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject. 2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed. 3. Readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing at the following locations: 1. The point of use. 2. The tank, cylinder or bulk use. 4. Manual emergency shutoff val v es and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible , accessible and indicated by means of a sign. 5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials . 6 . Where gases or liquids having a hazard ranking 2016 S-59 of: Health hazard Class 3 or 4 Flammability Class 4 Instability Class 3 or 4 in accordance with NFP A 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig) (103 Kpa), an approved means of leak detection and emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical. Exceptions: 1. Piping for inlet connections designed to prevent backflow. 2. Piping for pressure relief devices. 7 . Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004 .1. Secondary containment includes, but is not limited to double-walled piping. Exceptions: 1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials . 2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum. 8 . Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials . Amend Section 5003 .2 .2 .2 of the 2016 California Fire Code to read as follows : 5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials . Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31 . 3 and the following : 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas , or an approved method of drainage or containment is provided for connections if the material is a liquid . 2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies. Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415. 8 . 6 .4 of the California Building Code for H-5 Occupancies . 16.40.360 Cupertino -Buildings and Construction 56 3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of lxl0-9 cubic centimeters /second where practical, or shall pass testing in accordance with an approved , nationally recognized standard . Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems. Amend Section 5003 . 3 .1 of the 2016 California Fire Code to read as follows: 5003.3.1 Unauthorized Discharges. Whenhazardous materials are released in quantities reportable under state, federal or local regulations or when there is release or a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003. 3 .1.1 through 5003.3.1.4 . Adopt Section 5003 .5.2 of the 2016 California Fire Code to read as follows : 5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. Adopt Section 5003.5.3 of the 2016 California Fire Code to read as follows : 5003.5 .3 "H" Occupancies . In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required. Adopt Sec . 5003. 9 .11 of the 2016 California Fire Code to read as follows: 5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or Using Hazardous Materials . Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing system in accordance with Section 2703.10 . Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml . 2016 S-59 Amend Section 5003 .10 . 4 of the 2016 California Fire Code to read : 5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than in the individual(s) handling the chemical transport cart . 5003.10 .4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.26 gal). 5003.10.4.3 Toxic , highly toxic and asphyxiant gases shall be limited to a container of a maximum water capacity of 1 lb. 5003.10.4.4 Means shall be provided to prevent the elevator from being summoned to other floors . (Ord. 16-2155, § 7 (part), 2016) 16.40.365 Storage-Hazardous Materials. Amend Section 5004 .2 .1 of the 2016 California Fire Code to read as follows: 5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for storage of hazardous material liquids in individual vessels having a capacity of more than 55 gallons (208 L) or in which the aggregate capacity of multiple vessels exceeds 1,000 gallons (3785 L), shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations. 2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes. 3. Sumps and collection systems, including containment pallets in accordance with Section 5004 .2.3 . 4. Other approved engineered systems . Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided , they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system . 57 Fire Code 16.40.365 Amend Section 5004.2.2.2 of the 2016 California Fire Code to read as follows : 5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems. Amend Section 5004 .2 .3 of the 2016 California Fire Code to read as follows : 5004.2.3 Containment pallets . Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids. Where used as an alternative to spill control and secondary containment for outdoor storage in accordance with the exception in Section 5004.2, containment pallets shall comply with all of the following: 1. A liquid-tight sump accessible for visual inspection shall be provided; 2 . The sump shall be designed to contain not less than 66 gallons (250L); 3. Exposed surfaces shall be compatible with material stored; 4 . Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet. (Ord . 16-2155, § 7 (part), 2016) 16.40 .370 General-Explosives and Fireworks. Amend Section 5601.1.3 of the 2016 California Fire Code to read as fo ll ows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal , are prohibited . Exceptions: 1. Storage and handling of fireworks as allowed in Section 5604 . 2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11 . 3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television theatrical or group entertainment productions as allowed in Title 19, Division 1, 2016 S-59 16 .40.380 Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11. (Ord. 16-2155, § 7 (part), 2016) Establishment of limits of districts in which storage of Class I and II liquids in aboveground tanks is prohibited . The limits referred to in Section 5706.2.4.4 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is prohibited are hereby established as all locations of the City of Cupertino that are residential or other locations as determined by the fire code official. (Ord. 16-2155, § 7 (part), 2016) 16.40.385 Storage -Flammable and Combustible Liquids. Amend section 5704 .2.7.5 .8 of the 2016 California Fire Code to read as follows: 5704.2. 7 .5 .8 Overfill Prevention. An approved means or method in accordance with Section 5704 .2 .9. 7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks . Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350 . Exception: Outside abo veground tanks with a capacity of 1320 gallons (5000 L) or less provided an independent means of notifying the person filling the tank that the fluid level has reached 90 percent of tank capacity by providing an audible or visual alarm signal, or providing a tank level gauge marked at 90 percent of tank capacity . An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings. Exception Deleted Adopt Section 5704 .2.7 .5.9 of the 2016 California Fire Code to read as follows: 5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official , that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years. (Ord. 16-2155, § 7 (part), 2016) 16.40.390 Cupertino -Buildings and Construction 58 16.40.390 Establishment of limits of districts in which storage of Class I and Il liquids in outside aboveground tanks is prohibited. The limits referred to in Section 5704 .2.9.6 .1 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is prohibited are hereby established as all locations of the City of Cupertino that are residential or congested commercial areas as determined by the Fire Code Offici al. (Ord . 16-2155, § 7 (part), 2016) 16.40.400 On-Demand Mobile Fueling. Adopt Section 5707 of the 2016 California Fire Code to read as follows: 5707 .1 General. On-demand mobile fueling operations th at dispense Class I, II, and III liquids into the fuel tanks of motor vehicles shall comply with Sections 5707 .1 through 5707.7. Exception: Fueling from an approved portable container in cases of an emergency or for personal use. 5707.1.1 Approval required . Mobile fueling operations shall not be conducted without first obtaining a permit and approval from the fire code official. Mobile fueling operations shall occur only at approved locations . 5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be one of the following: I. A tank vehicle complying with NFPA 385 that has chassis -mounted tanks or containers where the aggregate cargo capacity does not ex ceed 1200 gallons (4542 L). 2. A vehicle with one or more chassis-mounted tanks or containers that do not exceed 110 gallons (415 L) individual capacity and having an aggregate capacity that does not exceed 1200 gallons (4542 L). 3. A vehicle that carries a maximum of 60 gallons (227 L) of motor fuel in metal safety cans listed in accordance with UL 30 or other approved metal containers each not to exceed 5 gallons (19 L) in capacity. The mobile fueling vehicle shall comply with th e requirements of all local, state and federal requirements . Mobile fueling vehicles with a chassis-mounted tank in excess of 110 gallons ( 415 L) shall comply with the requirements of Section 5706.6, Section 5707, and NFPA 385 . The mobile fueling vehicle and its equipment shall be maintained in good repair. 2016 S-59 Safety cans and approved metal containers shall be secured to the mobile fueling vehicle except when in use . 5707.3 Required documents. Documents develop ed to comply with Sections 5707.3.1 through 5707.3.3 shall be updated as necessary by the owner of the mobile fueling operation and shall be maintained in compliance with Section 107. 3. 5707 .3.1 Safety and emergency response plan . Mobile fueling operators shall have an approved written safety and emergency response plan that establishes policies and procedures for fire safety, spill prevention and control, personnel training and compliance with other applicable requirements of this code . 5707.3.2 Training records. Training records of operators shall be maintained. Mobile fueling vehicle operators shall possess evidence of training on proper fueling procedures and the safety and emergency response plan. 5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate : all buildings, structures, lot lines, property lines, and appurtenances on site and their use or function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands ; information regarding slope , natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan. 5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, or inside buildings . Fueling on the roof level of parking structures or other buildings is prohibited . 5707.4.1 Separation. Mobile fueling shall not take place within 25 feet (7620 mm) of buildings, property lines, or combustible storage . Exception: The fire code official shall be authorized to decrease the separation distance for dispensing from metal safety cans or other approved metal containers in accordance with Section 5707 .2. When dispensing operations occur within 15 feet ( 4572 mm) of a storm drain, an approved storm drain cover or an approved equivalent method that will prevent any fuel from reaching the drain shall be used . 59 Fire Code 16.40.400 5707.4.2 Sources of ignition. Smoking, open flames, and other sources of ignition shall be prohibited within 25 feet (7620 mm) of fuel dispensing acti vities . Signs prohibiting smoking or open flames within 25 feet (7620 mm) of the vehicle and the point of fueling shall be prominently posted on the mobile fueling vehicle. The engines of vehicles being fueled shall be shut off during fueling. 5707.5 Equipment. Mobile fueling equipment shall comply with Sections 5707. 5 .1 through 5707 . 5 . 5 . 5707.5.1 Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not exceed 50 feet (15 240 mm) in length. The dispensing nozzles, and hoses and appurtenances shall be of an approved and listed type. 5707.5.2 Break-away device. A listed break-away device shall be provided at the nozzle. Exception: Mobile fueling vehicles equipped with an approved brake interlock tied to the nozzle holder that prohibits movement of the mobile fueling vehicle when the no zzle is removed from its holder. 5707 .5.3 Shut off valve and fuel limit. Mobile fueling vehicles shall be equipped with a listed shutoff valve assembly and a fuel limit switch set to a maximum of 30 gallons (116 L). 5707.5.4 Fire extinguisher. An approved portable fire extinguisher complying with Section 906 with a minimum rating of 4-A:80-B :C shall be provided on the mobile fueling vehicle with signage clearly indicating its location. 5707.5.5 Spill kit. Mobile fueling vehicles shall contain a minimum 5 gallon (19 L) spill kit of an approved type. 5707.6 Operations. Mobile fueling vehicles shall be constantly attended during fueling operations with brakes set and warning lights in operation . Mobile fueling vehicles shall not obstruct emergency vehicle access roads. 5707.6.1 Dispensing hose . Where equipped , mobile fueling vehicles shall be positioned in a manner to preclude traffic from driving over the dispensing hose . The dispensing hose shall be placed on an approved reel or in an approved compartment prior to moving the mobile fueling vehicle. 2016 S-59 5707.6.2 Drip control. Operators shall place a drip pan or an absorbent pillow under the no zz le to catch drips and under each fuel fill opening prior to and during dispensing operations . 5707.6.3 Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed adequately lighted by the fire code official. 5707.6.4 Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation while dispensing operations are in progress. 5707.6.5 Safety cones. Safety cones or barriers shall be employed as warning devices to highlight the vehicle fueling area. 5707.6.6 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be provided. Such bonding means shall be employed during fueling operations. 5707.6. 7 Spill reporting. Spills shall be reported in accordance with Section 5003 . 3 . 1. 5707.7 Training. Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan . The vehicle operator training shall be approved by the fire code official. (Ord. 16-2155, § 7 (part), 2016) 16.40.410 Establishment of limits of districts in which the storage of stationar y tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Sect ion 5806 .2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as all locations of the City of Cupertino which are residential and congested commercial areas as determined by the fire code official. (Ord . 16-2155, § 7 (part), 2016) 16.40.420 General-Highly Toxic , Toxic and Moderately Toxic Materials . Amend Section 6002.1 of the 2016 California Fire Code to read as follows: 6002.1 Definitions. The following terms are defined in Chapter 2 : 16.40.420 Cupertino -Buildings and Construction 60 CONTAINMENT SYSTEM. CONTAINMENT VESSEL. EXCESS FLOW VAL VE . HIGHLY TOXIC. MAXIMUM THRESHOLD QUANTITY . MINIMUM THRESHOLD QUANTITY . MODERATELY TOXIC GAS . OZONE-GAS GENERA TOR . PHYSIOLOGICAL WARNING THRESHOLD. REDUCED FLOW VALVE. TOXIC. (Ord . 16-2155, § 7 (part), 2016) 16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed Gases including those used as Refrigerants. Amend Section 6004.1 of the 2016 California Fire Code to read as follows: 6004.1 General. Materials stored and used as a gas whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, toxic and moderately toxic gas shall comply with Section 6004 . The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1. Add Table 6004.1 of the 2016 California Fire Code to read as follows: Table 6004.1 Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 6004 .1.1 of the 2016 California Fire Code to read as follows: 6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies shall be subject to the limitations contained in Sections 6004 .1. 1.1 through 6004 .1.1. 3. 6004 .1.1.1 Group A, E, I or U occupancies. Toxic, highly toxic and moderately toxic gases shall not be stored or used within Group A, E, I or U occupancies. 2016 S-59 Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods. 6004.1.1.2 Group R occupancies. Toxic, highly toxic and moderately toxic gases shall not be stored or used in Group R occupancies. 6004.1.1.3 Offices, retail sales and classrooms. Toxic, highly toxic and moderately toxic gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies. Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods . Amend Section 6004.1.2 of the 2016 California Fire Code to read as follows: 6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic gases shall comply with Section 5003 .8.6 and the following requirements: 1. The average ventilation velocity at the face of gas cabinet access ports or windows shall not be less than 200 cubic feet per minute (1.02 mis) with a minimum of 150 feet per minute (0. 76 mis) at any point of the access port or window. 2. Gas cabinets shall be connected to an exhaust system . 3. Gas cabinets shall not be used as the sole means of exhaust for any room or area. 4 . The maximum number of cylinders located in a single gas cabinet shall not exceed three, except that cabinets containing cylinders not exceeding 1 pound (0.454 kg) net contents are allowed to contain up to 100 cylinders. Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903 . 3 .1. 1. Alternative fire-extinguishing systems shall not be used . Amend Section 6004 .1. 3 of the 2016 California Fire Code to read as follows: 6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.5 and the following requirements : 61 Fire Code 16.40.430 1. The average ventilation velocity at the face of the enclosure shall not be less than 200 feet per minute (1.02 mis) with a minimum of 150 feet per minute (0.76 mis). 2. Exhausted enclosures shall be connected to an exhaust system. 3 . Exhausted enclosures shall not be used as the sole means of exhaust for any room or area . Exhausted enclosures required by Section 6004.2 or 6004 .3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903. 3 .1.1. Alternative fire-extinguishing system shall not be used. Adopt Section 6004 .1.4 to the 2016 California Fire Code to read as follows: 6004.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail-safe to close design , shall be provided to shut off the supply of highly toxic gases for any of the following: 1. Activation of a manual fire alarm system. 2. Activation of the gas detection system . 3 . Failure of emergency power . 4 . Failure of primary containment. 5 . Seismic activity. 6. Failure of required ventilation. 7. Manual activation at an approved remote location. Add Section 6004 .1.5 to the 2016 California Fire Code to read as follows: 6004.1.5 Emergency Control Station . Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or other approved monitoring station, which is continually staffed by trained personnel. Adopt Section 6004.1.6 to the 2016 California Fire Code to read as follows: 6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this code. Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 6004 of this code . The following formula shall be used to calculate the maximum threshold quantity : 2016 S-59 Max TQ (pounds) = LC 50 (ppm) x 2 lb . For gas mixtures containing one or more toxic, highly toxic or moderately toxic components, the LC50 shall be calculated using CGA Standards P-20 and P-23 . Adopt Section 6004 .1. 7 to the 2016 California Fire Code to read as follows: 6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available . If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source. Adopt Section 6004.1. 8 to the 2016 California Fire Code to read as follow s : 6004.1.8 Fire Extinguishing Systems . Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFP A 13 . The design of the sprinkler system for any room or area where highly to xic, toxic and moderately toxic ga ses are stored, handled or used shall be in accordance with Section 5004 . 5 . Adopt Section 6004 .1.9 to the 2016 California Fire Code to read as follows : 6004.1.9 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design. Adopt Section 6004.1.10 to the 2016 California Fire Code to read as follows: 6004.1.10 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained . The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage , use , or handling area. 16.40.430 Cupertino -Buildings and Construction 62 Adopt Section 6004.1.11 to the 2016 California Fire Code to read as follows: 6004.1.11 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official , a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official. Adopt Section 6004 .1.12 to the 2016 California Fire Code to read as follows: 6004.1 .12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected . Adopt Section 6004 .1.13 to the 2016 California Fire Code to read as follows: 6004.1.13 Inert Gas Purge System . Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand . Adopt Section 6004.1.14 to the 2016 California Fire Code to read as follows: 6004.1.14 Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0 .3G (1.47m/sec2 ) and a period of 0.4 seconds. Amend Section 6004.2 of the 2016 California Fire Code to read as follows: 6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic or moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004 .2.2.10.4. 2016 S-59 Amend Section 6004 .2.1 of the 2016 California Fire Code to read as follows: 6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004 .2 .1.1 through 6004.2 .1.5. Amend Sec . 6004.2.1.1 of the 2016 California Fire Code to read as follows: 6004.2.1.1 Quantities Not Exceeding the Maximum Allowab le Quantity per Control Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the maximum allowable quantity per control area set forth in Table 5003. 1. 1 (2) shall be in accordance with Sections 5001, 5003, 6001, 6004 .1, 6004.2.1.4 and 6004.2 .1.5. Adopt Section 6004 .2.1.4 of the 2016 California Fire Code to read as follows: 6004.2.1.4 Quantities not exceeding nummum threshol d quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004 .1 shall be in accordance with Sections 6001, and 6004 .1 and Chapter 50. Adopt Section 6004.2.1.5 of the 2016 California Fire Code to read as follows: 6004 .2.1.5 Quantities exceeding the nnmmum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004 .2 and Chapter 50. Amend Sec. 6004.2.2 of the 2016 California Fire Code to read as follows: 6004.2.2 General Indoor Requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections 6004.2.2 .1 through 6004.2.2 .10.4. Moderately toxic gases with an LC 50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004 .2.2.10.4. Moderately toxic gases with an LC 50 more than 3000 parts per million but not greater than 5000 parts per million ) 63 Fire Code 16.40.430 and exceeding the maximum threshold quantity , as determined by 6004.1. 6, shall comply with the requirements for toxic gases in Sections 6004 .2 .2 .1 through 6004 .2.2.7 . Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003 .1.1 (2). Amend Sec. 6004.2.2.7 of the 2016 California Fire Code to read as follows: 6004.2 .2. 7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms and local exhaust systems required in Section 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation . The treatment system shall be designed in accordance with Sections 6004 .2.2.7.1 through 6004 .2 .2.7 .5 and Chapter 5 of the California Mechanical Code. Exceptions: 1. Highly toxic, toxic and moderately toxic gases storage . A treatment system is not required for cylinders, containers and tanks in storage when all of the following are provided: 1.1. Valve outlets are equipped with gas-tight outlet plug or caps. 1 .2. Hand wheel-operated valves have handles secured to prevent movement. 1. 3. Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2 .3. Amend 6004.2.2.10 .2 of the 2016 California Fire Code to read as follows: 6004.2.2 .10.2. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide warning both inside and outside the area where the gas is detected. The audible alarm shall be distinct from all other alarms . Amend Section 6004.3 of the 2016 California Fire Code to read as follows : 6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004. 3 .1 through 6004. 3 .4 . The minimum threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 6004 .1. 2016 S-59 Amend Section 6004 .3 .1 of the 2016 California Fire Code to read as follows: 6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004. 3 .1. 1 through 6004. 3 . 1. 5. Amend Section 6004. 3 .1 . 1 of the 2016 California Fire Code to read as follows: 6004.3 .1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the maximum allowable quantity per control area set forth in Table 5004.3.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.3.1.4 and 6004.3.1.5. Adopt Section 6004. 3 .1. 4 of the 2016 California Fire Code to read as follows: 6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50 . Adopt Section 6004. 3 .1. 5 of the 2016 California Fire Code to read as follows: 6004.3.1.5 Quantities exceeding the mmllllum Threshold Quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004 .3 and Chapter 50. Amend Section 6004.3.2 of the 2016 California Fire Code to read as follows: 6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004 .3.2.4. Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001 , 6004 .1 and 6004.3. Moderately toxic gases with an LC 50 more than 3000 parts per million but not greater than 5000 parts per million 16.40.430 Cupertino -Buildings and Construction 64 and exceeding the maximum threshold quantity, as determined by 6004 . 1. 6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004 .1 and 6004 .3.2.1 through 6004.3.2.4. Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(4). Amend Section 6004.3.3 of the 2016 Californi a Fire Code to read as follows: 6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders. Weather protection in accordance with Section 5004 .13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5 . (Ord . 16-2155, § 7 (part), 2016) 16.40.440 Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as all locations of the City of Cupertino that are residential or congested commercial areas . Exception: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and /or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LGP containers may be approved by the fire code official on a case by case basis. (Ord. 16-2155, § 7 (part), 2016) 16.40.450 Use-Silane Distribution systems automatic shutdown. Adopt Section 6405.3.1 of the 2016 California Fire Code to read as follows: 6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distr ibution system. (Ord. 16-2155 , § 7 (part), 2016) 16.40.460 Reference Standards. Adopt Chapter 80 of the 2016 California Fire Code with the following amendments : CGA C-7 (2014) G-13 (2015) Guide to Classification and Labeling of Compressed Gases . . . 5303 .4 . 2, 5503.4 .2 Storage and Handling of Silane and Silane Mixtures (an American National Standard) ....... 6404.1, 6404 .2, 6405 .3 P-1 (2000) Safe Handling of Compressed Gases in Containers ........... 5305. 7 ANSI /P-18 (2013) Standard for Bulk Inert Gas Systems . . . . . . . . . . . . . . . . . . . . 5501.1 S-1.1 (2011) Relief Device Standards -Part 1 - S-1.2 (2009) S-1. 3 (2008) Cylinders for Compressed Gases ... ............. 5003 .3.2, 5503.2 Pressure Relief Device Standards - Part 2 Portable Containers for Compressed Gases ...... 5003.3 .2, 5503 .2 Pressure Relief Device Standards - Part 3 -Stationary Storage Containers for Compressed Gases ... 5003.3.2, 5503 .2 V-1 (2013) Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections .......... 3505.2 .1 (Ord. 16-2155, § 7 (part), 2016) [Next page is 77 .] 2016 S-59 CHAPTER 16.42: (RESERVED) 77 2016 S-59 Cupertino -Buildings and Construction 78 ) 2016 S-59 16.52.001 CHAPTER 16.52: PREVENTION OF FLOOD DAMAGE Section 16.52 .001 16.52 .010 16 .52 .011 16.52.012 16.52.013 16 .52 .014 16 .52.015 16.52.016 16 .52.020 16.52.021 16 .52 .022 16 .52 .030 16 .52 .040 16.52 .041 16 .52 .042 16 .52 .043 16.52 .044 16.52.045 16.52.053 16 .52.054 16 .52.055 16.52 .061 16.52.062 Statutory authorization. Definitions. Lands to which this chapter applies . Basis for establishing the areas of special flood hazard . Compliance . Abrogation and greater restrictions . Interpretation. Warning and disclaimer of liability. Designation of the Floodplain Administrator . Duties and responsibilities of th e Floodplain Administrator. Development permit. Appeals. Standards of construction . Anchoring . Construction materials and methods. Elevation and floodproofing. Standards for utilities . Standards for subdivisions and other proposed development. Standards for manufactured homes . Standards for recreational vehicles . Floodways. Conditions for variances. Appeal Board. 16.52.001 Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 , and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry . Therefore , the City of Cupertino does hereby adopt the following floodplain management regulations. (Ord. 16-2154 § 1 (part), 2016) 16.52.010 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable applic ation. 2016 S-59 79 A. "A zone " -see "Special flood hazard area ." B. "Accessory structure" means a structure that is either: 1. Solely for the parking of no more than 2 cars; or 2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value. C . "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. D. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders , gravel, and fine sediments th at have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors , and which is subject to flash flooding , hi gh velocity flows, debris flows, erosion , sediment mo vement and deposition, and channel migration . E. "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. F . "Appeal " means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. G. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist ; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow . H . "Area of special flood haz ard" -see "Special flood hazard area." I. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter. J. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-30 , VE and Vl-V30 that indicates the water surface elevation resulting from a flood that has a 1 percent or greater chance of being equaled or exceeded in any given year . 16.52.010 Cupertino -Buildings and Construction 80 K. "Basement " means any area of the building having its floor sub grade -i.e., below ground level -on all sides . L. "Building" -see "Structure." M. "City" shall refer to the City of Cupertino, a municipal corporation in the State of California, County of Santa Clara. N . "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures , mining, dredging, filling , grading, paving, excavation or drilling operations or storage of equipment or materials . 0 . "Encroachment" means the advance or infringement of uses, plant growth, fill , excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain . P . "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 1, 1980. Q. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). R. "Flood, flooding, or flood water" means : 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and /or mudslides (i.e ., mudflows); and 2 . The condition resulting from flood-related erosion. S. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway . T. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community . U . "Flood Insurance Study" means the official report provided by the Federal Emergency Management Administration that includes flood profiles , the Flood 2016 S-59 Insurance Rate Map, the Flood Boundary and Floodway Map , and the water surface elevation of the base flood. V . "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source -see "Flooding ." W. "Floodplain Administrator" is the City Engineer, or other community official designated by title to administer and enforce the floodplain management regulations . X. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible , natural resources in the floodplain, including but not limited to emergency preparedness plans , flood control works , floodplain management regulations, and applicable general master plans. Y . "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations , special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal , state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage . Z. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property , water and sanitary facilities, structures, and their contents . For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93 , and TB 7-93 . AA. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." BB. "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. CC . "Governing body" is the Planning Commission, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. In the event that the Planning Commission defers a decision to the City Council , or a Planning Commission decision is appealed, the Governing Body will be the City Council. DD. "Hardship" as related to Sections 16 .52 .060 through 16 .52.062 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City of Cupertino requires that the variance be exceptional, unusual, and peculiar to the property involved . Mere economic or financial hardship ) 81 Prevention of Flood Damage 16.52.010 alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. EE. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. FF. "Historic structure" means any structure that is : 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs . 5. Individually listed on a local inventory of historic places in the approved General Plan, publicly adopted by the City Council . GG. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. HH. "Levee system " means a flood protection system which consists of a levee , or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices . II. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including , but not limited to : 2016 S-59 a. The flood openings standard in Section 16 .52.043.C; b . The anchoring standards in Section 16.52.041; c. The construction materials and methods standards in Section 16 .52 .042; and d. The standards for utilities in Section 16.52.044 . 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. JJ . "Manufactured home " means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." KK. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. LL. "Market value" is defined in the City of Cupertino substantial damage/improvement procedures. See Section 16.52.021.B. MM. "Mean sea level" means , for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 , North American Vertical Datum (NA VD) of 1988 , oi-other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NN. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after May 1, 1980, and includes any subsequent improvements to such structures. 00. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 1, 1980. PP. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water , or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. QQ. "One-hundred-year flood" or" 100-year flood" - see "Base flood." 16.52.010 Cupertino -Buildings and Construction 82 RR. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. SS. "Public safety and nuisance" as related to Section 16.52.060 through 16 .52.062 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. TI. "Recreational vehicle" means a vehicle which is : 1 . Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3 . Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Recreational Vehicles shall not be on any site for more than 180 consecutive days UU . "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. VV. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages , implementing the enforcement provisions of the or.dinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. WW. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc . XX. "Sheet flow area" -see "Area of shallow flooding ." YY. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO , Al-A30, AE, A99, or , AH. ZZ. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair , reconstruction, rehabilitation, addition, placement, or other improvement 2016 S-59 was within 180 days from the date of the permit . The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building . AAA. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home . BBB . "Substantial damage" means: 1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred; or 2. Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss ." CCC. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however , include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure ." DDD . "Variance" means a grant ofrelief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. ) 83 Prevention of Flood Damage 16 .52.010 EEE. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications , or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided . FFF. "Watercourse" means a lake, river, creek, stream, wash, arroyo , channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord . 16-2154, § 1 (part), 2016; Ord . 1412, Exhibit A (part), 1987 ; Ord . 1002, § 1.1 (part), 1980) 16.52 .011 Lan ds to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Cupertino. The Special Flood Hazard Area identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Cupertino ," dated November, 1979, and as amended from time to time, with accompanying Flood Insurance Rate Maps as amended from time to time , is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the Department of Public Works . (Ord. 16-2154 , § 1 (part), 2016 ; Ord. 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16 .52 .012 Basis for Establishing the Areas of Special Flood Hazard . The areas of spec ial flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Cupertino" dated November, 1979, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 1, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator . The study, FIRMs and FBFMs are on file at the Department of Public Works . (Ord . 16-2154, § 1 (part), 2016) 16.52 .013 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations . Violation of the requirements (incl uding vio lations of conditions and safeguards) shall 2016 S-59 constitute a misdemeanor . Nothing herein shall prevent the City of Cupertino from taking such lawful action as is necessary to prevent or remedy any violation . (Ord. 16-2154, § 1 (part), 2016; Ord. 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.014 Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, convenants, or deed restrictions . However, where this chapter and another ordinance , easement, covenant, or deed restriction conflict or overlap, whi chever imposes the more stringent restrictions shall prevail. (Ord . 16 -2154, § 1 (part), 2016; Ord. 1412, Exhibit A (part), 1987; Ord . 1002, § 1.1 (part), 1980) 16.52 .015 Interpretation. In the interpretation and application of this chapter, all provisions shall be : A . Considered as minimum requirements; B. Strictly construed in favor of the governing bod y ; and C . Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 16-2154, § 1 (part), 2016; Ord. 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.016 Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes . This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 16-2154, § 1 (part), 2016 ; Ord . 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.020 Designation of the Floodplain Administrator . The City Engineer is hereby designated the Floodplain Administrator for the City, and is appointed to administer and imp lement this chapter by granting or denying de velopment permits in accord with its provisions . (Ord . 16-2154, § 1 (part), 2016; Ord . 1905, (part), 2002; Amended during May 1998 supplement; Ord. 1412, Exhibit A (part), 1987 ; Ord. 1002, § 1.1 (part), 1980) 16.52.021 Cupertino -Buildings and Construction 84 16.52.021 Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Revi ew. Review all development permits to determine : 1. Permit requirements of this chapter have been satisfied, including ensuring that the Building Official has made a determination of substantial improvement and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a flood way has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the County; and 5. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition . B. Substantial Improvement and Substantial Damage Procedures . Determination of Substantial Improvements and Substantial Damages shall follow the City's policy titled "Alterations and Additions Located in Special Flood Hazard Areas," dated June 1, 2016, and any subsequent revisions approved and implemented by the Building Official . C . Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 16 .52 .012 (Basis for Establishing the Areas of Special Flood Hazard), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 16 .52 .040 through 16 .52.055. NOTE: A base flood elevation shall be obtained using one of two methods from the FEMA publication , FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas -A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse . The Floodplain Administrator shall : 2016 S-59 a. Notify adjacent communities , Santa Clara Valley Water District, and the California Department of Water Resources prior to alteration or relocation; b . Submit evidence of such notification to the Federal Emergency Management Agency; and c . Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2 . Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revis ion (LOMR). b . All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data . 2. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E . Documentation of Floodplain Development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed the following : 1. Certification required by Section 16 . 52. 04 3 . A and Section 16.52.53 (lowest floor elevations); 2 . Certification required by Section 16.52 .043.B ( elevation or floodproofing of nonresidential structures); 3. Certification required by Section 16 .52.043.C (flood openings); 4. Certification of elevation required by Section 16 .52.045.A .3 (subdivisions and other proposed development standards); 5 . Certification required by Section 16 .52.055.B (floodway encroachments); and 6. Maintain a record of all variance actions , including justification for their issuance . F. Map Determination . The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between ) 85 Prevention of Flood Damage 16.52.021 a mapped boundary and actual field conditions . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16.52.030, 16 .52.060 through 16.52 .062. G. Remedial Action. The Floodplain Administrator shall take action to remedy violations of this chapter as specified in 16 .52.013. H . Planning . The Floodplain Administrator shall assure the community's General Plan is consistent with floodplain management objectives herein . I. Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as habitable space without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall: 1. Ensure the Building Official has determined which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are 5 feet or higher ; 2. Ensure the applicant enters into a "Non-conversion Agreement for Construction within Flood Hazard Areas" or equivalent with the City of Cupertino . The agreement shall be recorded with the Office of the Recorder at the County of Santa Clara as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and City Attorney; and 3. Verify that the "Non-conversion Agreement" provides the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours. (Ord . 16-2154, § 1 (part), 2016; Ord . 1905, (part), 2002; Amended during May 1998 supplement; Ord. 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.022 Development Permit. A development permit shall be obtained before any construction or other development , including placement of prefabricated buildings and manufactured homes, within any area of special flood hazard established in 16.52.012. Application for a development permit shall be made on forms furnished by the City of Cupertino . The applicant shall provide the following minimum information : A. Plans, drawn to scale, showing: B. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; C. Proposed locations of water supply, sanitary sewer, storm drainage and other utilities; D . Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 2016 S-59 E. Location of the regulatory floodway when applicable; F . Base flood elevation information as specified in Section 16.52.012; G . Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and H. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 16.52.043 .B of this chapter and detailed in FEMA Technical Bulletin TB 3-93 . I. Certification from a registered civil engineer or architect that any nonresidential floodproofed buildings meet the floodproofing criteria in Section 16.52 .043 .B . J. For a crawl-space foundation, the location and total net area of foundation openings as required in Section 16 .52.043.C of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93. K. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development . L. All appropriate certifications listed in Section 16 .52.021.E of this chapter. (Ord. 16-2154, § 1 (part), 2016) 16.52.030 Appeals. The Planning Commission of the City of Cupertino shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. A. Any person aggrieved by the decision of the Planning Commission may appeal such decision to the City Council, in accordance with Section 8 of Procedural Ordinance No . 652. (Ord . 16-2154, § 1 (part), 2016; Ord. 1905, (part), 2002; Ord. 1412, Exhibit A (part), 1987; Ord . 1002 , § 1.1 (part), 1980) 16.52.040 Standards of Construction. All Special Flood Hazard Areas are governed by the general standards set forth in Sections 16.52 .040 through 16.52.044. (Ord. 16-2154, § 1 (part), 2016; amended during May 1998 supplement; Ord. 1412, Exhibit A (part), 1987; Ord. 1002 , § 1.1 (part), 1980) 16.52.041 Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (Ord. 16-2154 , § 1 (part), 2016; Ord. 1822, (part), 1999; Ord . 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.042 Cupertino · Buildings and Construction 86 16 .52.042 Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: A. With flood resistant materials , and utility equipment resistant to flood damage for areas below the base flood elevation ; B. Using methods and practices that minimize flood damage; C. With electrical, heating, ventilation , plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and D . Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures . (Ord . 16-2154 , § 1 (part), 2016; Ord. 1412, Exhibit A (part), 1987 ; Ord . 1002, § 1.1 (part), 1980) 16 .52.043 Elevation and Floodproofing. A . Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: 1. In AE, AH, Al-30 Zones, elevated to one foot or more above the base flood elevation. 2. In an AO zone, elevated above the highest adjacent grade to a height one foot or more above the depth number specified in feet on the FIRM, or elevated at least 3 feet above the highest adjacent grade if no depth number is specified. 3 . In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated to one foot or more above the base flood elevation; as determined under Section 16 .5 .021.C . Upon the completion of the structure, the elevation of the lowest floor , including basement , shall be certified by a registered civ il engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated . Such certification and verification shall be provided to the Floodplain Administrator . B . Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be el evated to conform with Section 16.52.043.A or: 1. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended unde r Section 16.52.043.A, so that the structure is watertight with walls substantially impermeable to the passage of water; 2 . Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 2016 S-59 3 . Be certified by a registered civil engineer or architect that the standards of Section 16.52.043 .B . l and 2 are satisfied . Such certification shall be provided to the Floodplain Administrator. C. Flood openings . All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage , and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: 1. For non-engineered openings : a . Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; b . The bottom of all openings shall be no higher than one foot above grade; c . Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and d . Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or 2 . Be certified by a registered civil engineer or architect. D. Manufactured homes. 1. See Section 16.52.053 . E. Garages and low cost accessory structures . 1. Attached garages . a. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 16 .52.043.C. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 16 .52.042 . b . A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed . For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6 . 2 . Detached garages and accessory structures. a. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 16 .52.010, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements : 1) Use of the accessory structure must be limited to parking or limited storage; 2) The portions of the accessory structure located below the BFE must be built using flood-resistant materials ; 87 Prevention of Flood Damage 16.52.043 3) The accessory structure must be adequately anchored to prevent flotation , collapse and lateral movement; 4) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to one foot or more above the BFE; 5) The accessory structure must comply with floodplain encroachment provisions in Section 16 .52 .055; and 6) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 16.52 .043.C . 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Sections 16 .52.040 through 16.52.043 . (Ord. 16-2154, § 1 (part), 2016; Ord. 1905, (part), 2002 ; Ord. 1412, Exhibit A (part), 1987 ; Ord. 1002, § 1.1 (p art), 1980) 16.52.044 Standards for Utilities. A. All new and replacement w ater supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B . On-site waste disposal systems shall be located to avoid imp airment to them , or contamination from them during flooding . C . Crawlspace Construction. This sub -section applies to buildings with crawl spaces up to 2 feet below grade . Below-grade crawl sp ace construction in accordance with the requirements listed below will not be considered basements. 1. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads , including the effects of buoyancy. Crawl space cons truction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer; 2 . The crawl space is an enclosed area below the BFE and , as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters . For guidance on flood openings, see FEMA Technical Bulletin 1-93; 3. Portions of the building below the BFE must be constructed with materials resistant to flood damage . This includes not only the foundation walls of the crawl space used to elevate the building , but also any joists , insulation , or other materials that extend below the BFE; and 2016 S-59 4 . Any building utility systems within the crawl space must be elevated to one foot or more above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. 5 . Requirements for all below -grade crawl space construction , in addition to the above requirements, shall include the following : a. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of FEMA Technical Bulletin 11-01; b . The height of the below -grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of FEMA Technical Bulletin 11-01) at any point; c . There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and . d . The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used , or the foundation must be designed and reviewed by a qualified design professional . (Ord. 16-2154, § 1 (part), 2016 ; Ord. 1412, Exhibit A (part), 1987; Ord . 1002, § 1.1 (part), 1980) 16.52.045 Standards for Subdivisions and other Proposed Development. A . All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall : 1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). 2 . Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation . b. Pad elevation. c . Lowest adjacent grade . B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C . All subdivision proposals and other proposed dev elopment shall have public utilities and facilities such as 16.52.045 Cupertino -Buildings and Construction 88 sewer, gas, electrical and water systems located and constructed to minimize flood damage. D . All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 16-2154, § 1 (part), 2016 ; Ord . 1905, (part), 2002; Ord. 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.053 Standards for Manufactured Homes. A . All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or ( 4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot or more above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 16.52.053 .A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at one foot or more above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator . (Ord. 16-2154, § 1 (part), 2016; Ord . 1412, Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52.054 Standards for Recreational Vehicles. A. All recreational vehicles placed in Zones Al-30, AH, and AE will either: 1. Be on the site for fewer than 180 consecutive days; or 2016 S-59 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 16.52.022 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 16.52.053.A. (Ord . 16-2154, § 1 (part), 2016) 16.52.055 Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones Al-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the County of Santa Clara. B. Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. C . If Sections 16.52 .055.A and B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 16.52.040 through 16 .52 .055. (Ord. 16-2154, § 1 (part), 2016; amended during May 1998 supplement; Ord . 1412 , Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980) 16.52 .061 Conditions for Variances . A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 16 .52 .020 through 16.52.055 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 16.52.010 of this chapter) upon a determination that the 89 Prevention of Flood Damage 16.52.061 proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D . Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement , this means the Planning Commission or City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Planning Commission or City Council believes will both provide relief and preserve the integrity of the local ordinance. E . Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Recorder of the County of Santa Clara, and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and provide information on such variances issued to the Federal Emergency Management Agency. (Ord. 16-2154, § 1 (part), 2016; Ord . 1412, Exhibit A (part), 1987; Ord . 1002, § 1.1 (part), 1980) 16.52.062 Appeal Board. A. In passing upon requests for variances, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 2016 S-59 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location , where applicable; 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Comp ati bility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9 . Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate ofrise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system , and streets and bridges. B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship " to the applicant; and 3 . Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 16 .52.062.A through 16 .52.062.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance . D. Upon consideration of the factors of Section 16.52.061.A and the purposes of this chapter, the Planning Commission or City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 16 -2 154 , § 1 (part), 2016; Ord . 1905, (part), 2002; Ord . 1412, Exhibit A (part), 1987; Ord . 1002, § 1.1 (part), 1980) Cupertino -Buildings and Construction 90 CHAPTER 16.54: ENERGY CODE Section 16.54 .010 Code adoption. 16.54.010 Code Adoption. A . The provisions of the 2016 California Energy Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 16-2155, § 9, 2016; Ord. 13-215, (part), 2013; Ord. 2072, (part), 2010) 2016 S-5 9 91 16.54.010 Cupertino -Buildings and Construction 92 ) 2016 S-59 16.58.010 CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED Section 16.58.010 16.58 .015 16.58.020 16.58.040 16 .58.050 16.58.070 16.58.100 16 .58.110 16.58 .120 16.58 .130 16 .58.140 16.58.150 16 .58.160 16.58 .170 16.58.180 16 .58.190 16 .58.200 16 .58.210 16.58.220 16.58 .230 16.58.240 16.58.260 16 .58.280 16 .58 .290 16.58.300 16.58.310 16 .58.400 16.58.420 Code adoption . Adoption of appendix chapters. Reserved. Local amendments . Section 101.1-Amended . Section 101.3-Amended . Section 101 .10-Amended. Section 101.10 .1-Added. Section 101.10.1.1-Added. Section 101.10.1.1.1-Added. Section 101.10 .1.1.2-Added . Section 101.10.1.1.3-Added. Section 101.10 .1.1.4-Added. Section 101.10 .1.1.5-Added. Section 101.10 .1.1.6-Added. Section 101.10.1.1. 7-Added. Section 10 I. 10. 1. 1. 8-Added . Section 101.10.1.1.9-Added. Table 101.10-Added . Section 101.10.2-Added. Section 102.3-Amended. Section 102 .3 .1-Added. Section 202-Amended. Section 303.1.1-Amended. Section 4.304.1.1 -Amended. Section 5.304.1.1 -Added. Section A4 .106.8-Amended. Section A5.106.5.3-Amended. 16 .58.010 Code Adoption . A. The provisions of the 2016 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. B. One ( 1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and is made available for public inspection. (Ord. 16-2155, § 10, 2016; Ord. 13-2115, (part), 2013; Ord . 12-2099, § 1 (part), 2013; Ord. 2072, (part), 2010) 2016 S-59 94A 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2016 California Green Building Standards Code have been adopted. (Ord. 16-2155, § 11, 2016; Ord . 13-2115, (part), 2013; Ord. 12-2099, § 1 (part), 2013; Ord. 2072, (part), 2010) 16.58.020 16.58.040 Reserved. Local Amendments. The following provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the 2016 California Green Building Standards Code, and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. (Ord. 16-2155, § 12, 2016; Ord. 13-2115, (part), 2013; Ord . 12-2099, § 1 (part), 2013) 16.58.050 Section 101.1 -Amended. Amend Section 101.1 to read as follows : 101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as "this code." The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24 , also referred to as the California Building Standards Code. (Ord . 12-2011, § 1 (part), 2013) 16.58.070 Section 101.3-Amended. Amend Section 101.3 to read as follows: 101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure , unless otherwise indicated in this code for the City of Cupertino. 16.58.070 Cupertino -Buildings and Construction 94B The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately-owned buildings and structures in accordance with the provisions of this Chapter . It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third party green building program. (Ord . 12-2099, § 1 (part), 2013) 16.58 .100 Section 101.10-Amended. Amend Section 101.10 to read as follows: 101.10 Mandatory requirements. This code contains mandatory green building measures . In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino . All new buildings and structures, additions , renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2016 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code. (Ord. 16 -2155, § 13, 2016; Ord . 13-2115, (part), 2013; Ord . 12-2099, § 1 (part), 2013) 16.58.110 Section 101.10 .1-Added. Add Section 101.10 .1 to read as follows: 101.10.1 Project Types -as set forth in Table 101.10. (Ord . 12-2099, § 1 (part), 2013) 16.58 .120 Section 101.10.1.1-Added. Add Section 101.10.1.1 to read as follows : 101.10.1.1 Residential projects -as set for in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) 16.58 .130 Section 101.10.1.1.1-Added. Add Section 101.10 .1.1.1 to read as follows: 101.10 .1.1.1 Residential new construction -Equal to or less than nine (9) homes -as set forth in Table 101.10. (Ord . 12-2099, § 1 (part), 2013) 16 .58.140 Section 101.10.1.1.2-Added. Add Section 101.10.1 .1.2 to read as follows : 2016 S-59 101.10.1.1.2 Residential new construction - Greater than nine (9) homes or more -as set forth in Table 101.10 . (Ord. 12-2099, § 1 (part), 2013) 16.58.150 Section 101.10.1.1.3-Added. Add Section 101.10. 1.1. 3 to read as follows: 101.10.1.1.3 Major multi-family residential renovations/additions -as set forth in Table 101 .10. Requirements shall only apply to the area of renovation/addition. (Ord . 12-2099, § 1 (part), 2013) 16.58.160 Section 101.10.1.1.4-Added. Add Section 101.10.1.1.4 to read as follows: 101.10 .1.1.4 Non-residential new construction, small -as set forth in Table 101 .10. (Ord. 12-2099, § 1 (part), 2013) 16.58 .170 Section 101.10 .1.1.5-Added. Add Section 101 .10.1.1.5 to read as follows: 101.10 .1.1.5 Non-residential new construction, medium -as set forth in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) 16.58.180 Section 101.10.1.1.6-Added. Add Section 101.10.1.1.6 to read as follows: 101.10.1.1.6 Non-residential new construction, large -as set forth in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) 16.58.190 Section 101.10 .1.1.7-Added. Add Section 101.10 .1.1. 7 to read as follows : 101.10 .1.1. 7 Non-residential renovations/additions, minor -as set forth in Table 101.10. Requirements shall only apply to the scope of work of renovation/addition. (Ord . 12-2099, § 1 (part), 2013) 16.58.200 Section 101.10.1.1.8-Added. Add Section 101.10.1.1.8 to read as follows: 101.10.1.1.8 Non-residential renovations/additions, major -as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition . (Ord . 12-2099, § 1 (part), 2013) ) 16.80.010 CHAPTER 16.80: SAFETY ASSESSMENT PLACARDS Section 16.80.010 16.80.020 16.80 .030 16 .80.040 16.80.010 Intent. Application of Provisions. Definitions. Placards. Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy . The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (Ord. 2072, (part), 2010) 16.80.020 Application of Provisions . The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Cupertino. The Council may extend the provisions as necessary . (Ord. 2072, (part), 2010) 16.80.030 Definitions. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy . (Ord. 2072, (part), 2010) 16.80.040 Placards. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures . Copies of actual placards are attached in Exhibit A-1, Exhibit A-2, and Exhibit A-3. 1. INSPECTED -LAWFUL OCCUPANCY PERMITTED is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. 2016 S-59 103 2. RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. 3. UNSAFE -DO NOT ENTER OR OCCUPY is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety . Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative . Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. (Ord . 16-2155, § 14, 2016; Ord. 2072, (part), 2010) N 0 ...... 0\ en I VI \0 EXHIBIT A-1 _,i,, ~ II INSPECTED Green Placard.pdf CUPERTINO LAWFUL OCCUPANCY PERMITTED ADDRESS: ____________________ DATE: ____ TIME: ___ _ This structure has been inspected as indicated below and no apparent structural hazard has been found: D Inspected Exterior Only D Inspected Exterior and Interior This facility was inspected under Emergency conditions for: City of Cupertino 10300 Torre Ave. Cupertino , CA 95014 ( 408) 777-3228 Inspector Comments: Caution: Aftershocks since inspection may increase damage and risk. Building Inspector: ______________ _ Do not Remove, Alter, or Cover this Placard until authorized by the Building Official · (CMC Section 16.08.040 and California Penal Code Section 616) CITY OF CUPERTINO Community Development Department I Building Division I 10300 Torre Ave., Cupertino, CA 95014 I (408) 777-3228 I www.cupertino.org Copy to Green ('.) ~ 'O ~ s· 0 t;i:j §: Q. s· IJQ "' § Q. ('.) § "' ::;- ~ .., .... o· ~ ...... 0 ..,.. N 0 ,..... O'\ C/.l I U\ \0 EXHIBIT A-2 ~''·1 ~ II f~ESTJLCTED USE Yellow Placard .pdf CUPERTINO· ADDRESS: ___________________ DATE: ____ TIME: ___ _ This structure has been inspected and found to be damaged as described below: Entry, occupancy, and lawful use are restricted as indicated below: This facility was inspected under Emergency conditions for: ------------- City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 (408) 777-3228 Caution: Aftershocks since inspection may increase damage and risk. Building Inspector: ______________ _ Do not Remove, Alter, or Cover this Placard until authorized by the Building Official (CMC Section 16.08.040 and California Penal Code Section 616) CITY OF CUPERTINO Community Development Department I Building Division I 10300 Torre Ave., Cupertino, CA 95014 I (408) 777-3228 I www.cupertino.org Copy to Yellow ,..... 0 U\ rn I>' ;:;, ..... '-< > "' "' (I) "' "' s ('I) ~ ..... "O ;;;- (') e; 0.. "' l's) 0 ...... °' C/J I Vl \0 EXHIBIT A-3 liDI "· 1·L'f ~ fl UNSAFE Red Placard.pdf CUPERTINO DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER) ADDRESS: ___________________ DATE: ____ TIME: ___ _ This structure presents immediate or imminent hazards to occupants and the public and is considered a "Dangerous Building" within the meaning of CMC Chapter 16.70. It must be vacated immediately, and may not be re-occupied unless corrected by rehabilitation or repair under a City issued building permit This facility was inspected under Emergency conditions for: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 (408) 777-3228 Building Inspector: ____________ _ If the following box is checked D this structure must be boarded up and continuously secured against entry. It is unlawful to enter this property after having being lawfully removed (California Penal Code 419). It is unlawful to intentionally remove, alter, cover, deface, obliterate, tear down, or destroy this Placard until authorized by the Building Official (CMC Section 16.08.040 and California Penal Code Section 616). CITY OF CUPERTINO Community Development Department I Building Division I 10300 Torre Ave., Cupertino, CA 95014 I (408) 777-3228 I www .cupertino.org \_; Copy to Red Paper n = "O n, >1 g- o t::d = ==.: p,. s· ~ Ill t:S p,. n 0 ~ ..... >1 = (") ..... o· t:S ...... 0 °' 2016 S-59 Chapter TITLE 19: ZONING 19.04 General Provisions 19.08 Definitions 19 .12 Administration 19.16 Designations and Establishment of Districts 19.20 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.24 Agricultural (A) and Agricultural-Residential (A-1) Zones 19.28 Single-Family Residential (R-1) Zones 19.32 Residential Duplex (R-2) Zones 19.36 Multiple-Family Residential (R-3) Zones 19 .40 Residential Hillside (RBS) Zones* 19.44 Residential Single-Family Cluster (RlC) Zones 19 .48 Fences 19.52 Reasonable Accommodation 19.56 Density Bonus 19.60 General Commercial (CG) Zones * 19.64 Permitted, Conditional and E xcluded Uses in Office and Industrial Zoning Districts 19.68 Administrative and Professional Office (OA & OP) Zones 19.72 Light Industrial (ML) and Industrial Park (MP) Zones 19.76 Public Building (BA), Quasi-Public Building (BQ) and Transportation (T) Zones 19.80 Planned Development (P) Zones 19.84 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zoning Districts 19.88 Open Space (OS) Zones 19.92 Park and Recreation (PR) Zones 19.96 Private Recreation (FP) Zone 19.98 Medical Marijuana 19.100 Accessory Buildings/Structures 19 .104 Signs 19 .108 Beverage Container Redemption and Recycling Centers 19.112 Accessory Dwelling Units in R-1, RHS, A and A-1 Zones 19.116 Conversions of Apartment Projects to Common Interest Developments 19 .120 Home Occupations 19.124 Parking Regulations 19.128 Adult-Oriented Commercial Activities 19 .132 Concurrent Sale of Alcoholic Beverages and Gasoline 19.136 Wireless Communications Facilities 19.140 Nonconforming Uses and Nonconforming Facilities 19.144 Development Agreements 19.148 Required Artwork in Public and Private Developments 19.152 Amendments to the Zoning Maps and Zoning Regulations 19.156 Development Permits, Conditional Use Permits and Variances 19.160 Temporary Uses 19.164 Administrative Approval of Minor Changes in Projects* 19.168 Architectural and Site Review* 19.172 Below Market Rate Housing Program 1 Cupertino -Zoning 2 ) 19.08.010 CHAPTER 19.08: DEFINITIONS Section 19.08.010 Purpose and applicability . 19. 08. 020 General rules for construction of language. 19. 08 . 030 Definitions. Appendix A: Cupertino Standard Detail 7-2 Corner Triangle -Controlled Intersections. Appendix B: Cupertino Standard Detail 7-4 Corner Triangle -Uncontrolled Intersections. Appendix C: Cupertino Standard Detail 7-6 Sidewalk Site Triangle (Sidewalk Clearance at Driveways). Appendix D: 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 apply 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 . 2016 S-59 5 F . The words "activities" and "facilities" include any part thereof. 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 app ly 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 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, 19.08.030 Cupertino -Zoning 6 cooking and sanitation on the same parcel as the single-family dwelling is situated . An accessory dwelling unit also includes the following: 1 . An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code . "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 excl uded. "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. "Adjacent 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 fema le 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 ad vertising 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 . 2016 S-59 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, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar 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, ventilating, or other utility services, fixtu res, 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. "Adult 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 services to animals, including veterinary services, animal hospitals, overnight or 6A Definitions 19.08.030 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, living 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. "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 extens ion from the structure of a building , including th e 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 pro viding 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 suppl y ing 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 express ion is based upon the formula described below: 2016 S-59 =(IxLx100) S A S = Average slope of ground in percent; L = Combined length in feet of all contours on parcel; I = Contour interval in feet ; A = Area of parcel in square feet. B . "B" Definitions: "Banks" means financial institutions including fed erally-chartered banks , savings and loan associations , industrial loan companies, and credit unions providing retail banking services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses . The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Ci v il Code Section 1789. 31 as amended from time to time . "Banner" means a temporary display consisting of fabric , canvas, plastic or paper material which is attached to a building , vehicl e, pole or other form of support. "B asement " 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-way, 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 letter style, size, color, background, or message. 2016 S-58 "Change of use" means the repl acement of an existing u se 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 individual 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(t) 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 is suance 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 lanes, 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 following , all definitions of which are based upon Civil Code Section 4100 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 applic able 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 . "Conv alescent 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 2016 S-59 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 family 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 . "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 driv eway that may create a hazardous parking situation in front of a gate. ) 9 Definitions 19.08.030 "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 in v isible from public v iew or that has experienced documented burglary , theft, vandalism or trespassing incidences . "Density 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. Driveway, Curved . "Curved 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 as two dwelling units , of comparable size independent of each other . 2016 S-59 "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 on a non-transient 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 emplo yees as defined by Health and Safety Code 17008 , as may be amended . "Enclosed" means a covered sp ace 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 vehicles, equipment or supplies; or for the dispatching of service vehicles; 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 . 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 customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19 .80. 2. "Noncomply ing 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. 19.08.030 Cupertino -Zoning 10 3. "Principal facilities" means a main building or other facility 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. "Financial institutions" means a company engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange . This classification does not include payday lending businesses or check cashing businesses . The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time . The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code Section 1789.31 as amended from time to time . "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); 7. Residential garages; 8 . Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls ; 2016 S-59 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 walls . "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 publ ic 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 vehicle 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 horizontal 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. H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it , except for a kitchen which shall have a ceiling height not less than seven feet above the floor . ) 11 Definitions 19.08.030 "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 vehic le 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 ve rtical 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 . ~ To of Pate Entry Feature 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 facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. 2016 S-59 "Hotel" means a faci lity 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 , lo we r 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 consists 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 vehic les 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 ofland 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 on a transient basis, whether or not meals are provided to the 2016 S-59 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 or transient 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 ofland 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 lo t 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 recreational 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 corner 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 corner 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 . "Street 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 intersection 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 if not more than 10 percent of the units or 100 units, whichever is less, in the housing development 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-59 "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, whether 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 deficienc y 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, vibrating 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 such 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 Division 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, development 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 involved, and no variance required . "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semi-permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn 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 providing 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 development. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation 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 prirna 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 recovery 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 rooms 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-59 "Reverse 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. "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2 . P~rsons 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. Cupertino -Zoning 16B 17 Definitions 19.08.030 "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 . "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 acquired 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 shall 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. 2016 S-59 "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) "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 walkway 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 Identification 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 supported 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 lawfully 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 . 19.08.030 Cupertino -Zoning 18 12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility . 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. 2016 S-59 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 . 26. "Temporary Sign" means any sign, display , banner or promotional device which is designed or intended to be displayed only during the allowab le 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" shall 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 pl aced, 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. 19 Definitions 19.08.030 "Special Event Banner" means any temporary si gn constructed of pliable materials such as canvas, fabric, vinyl 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 co vered . "Specified sexual acti v ities" 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, 2016 S-59 railro ad right-of-way or limited access roadway or freeway . "Structure" means that which is built or constructed , an edifice or building of any kind, or any piece of work artifici ally 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(t), 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 li ve 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-59 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 -2157, §§ 1, 2, 2016; Ord . 16-2159, §§ 1-4, 2016; 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, Exb. A (part), 1992) ) CHAPTER 19.20: PERMITTED, COI\TJJITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES Section 19 .20.010 19 .20 .020 Applicability of regulations. Permitted , conditional and excluded uses in agricultural and residential zo nes . 19.20.010 Applicability of Regulations. No building or structure or land shall be us ed in an A , A-1, R-1, RHS, RIC, R-2 , or R-3 zoning district , otherwise than in conformance with the provisions of this chapter. (Ord. 14 -2125, § 5 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones. Table 19 .20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Reside ntial zo nes . [Table begins on next page .] 2015 S-47 35 19 .20.010 N 0 ...... 0\ Cl'.l Vl \0 Uses 1. a . b. C. d. I I e. f. g. h. i. j. k. 1. 2. Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Zoning Districts A A-1 R-1 RHS RlC Agriculture, horticulture, viticulture and forestry, including the following p p --- and similar uses: Field and truck crops, including drying and storage, p p - - - Orchards and vineyards , including bottling and storage, p p --- Tree farms, botanical conservatories and arboreta, p p --- Barns and sheds, p p - -- Keeping of draft animals, animals providing products used on the p p --- property, Livestock ranches and dairy farms depending mainly on grazing on the p CUP---- property, PC Processing of dairy products produced on the property, p CUP---- PC Poultry raising and hatcheries, p CUP-See #27 PC Apiaries, pursuant to Chapter 8.07, p CUP-See #9 PC Nurseries, greenhouses and landscaping gardens, p CUP-See #20 PC Boarding kennels, CUP -CUP--- - PC PC Animal breeding; p CUP--- - Admin . Fur farms -CUP--- - PC '-' R-2 R-3 -- -- -- -- - - -- - - -- -- -- -- I-' \0 N :=, ~ C> (') i= 't:I ('t) "1 g- o N 0 s· IJQ L;.l 0\ N 0 -0\ (/) Lil '° Uses 3. 4. 5. 6. a. b . 7 . 8. 9 . 10 . Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts A A-1 R-1 RHS RlC Retail sale of wine, fruit or berries produced on the property; CUP- CUP---- cc cc Single-family dwelling unit with not more than one dwelling unit per p p p p p lot/defined air space for condominiums; Two-story structures in an area designated for a one-story limitation --CUP--- pursuant to Section 19 .28.0600(6) of this chapter, provided that the PC Planning Commission determines that the structu re or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; Employee housing: For six or fewer employees in each dwelling unit on each lot p p p p p With no more than 36 beds in group quarters or 12 units/spaces designed p p -CUP-- for use by a single family or household on each lot Admin . An accessory dwelling unit which conforms to the requirements of p p p p - Chapter 19 .112; Multiple-family residential dwellings ----- Accessory facilities and uses incidental to permitted uses and otherwise conforming with the provisions of Chapter 19 .100 of this title; Utility facilities essential to provision of utility services to the --p -- neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards ; R-2 R-3 -- -- -- p p -- -- -p p CUP- cc L,.) -.J ""1::1 (t) .., §. ..... ..... (t) 0.. n 0 = e: ::t. 0 = e:. § 0.. ~ <"l = 0.. (t) 0.. ~ (t) "' s· > ~ r=;· =-..... i:: .., e:. § 0.. ~ (t) "' C: (t) = ..... [ N 0 = (t) "' ,.... \0 N 0 s 0 N 0 ....... V, Cl'.l .l,.. -..J Uses 11. 12. a. b. 13. 14. a. b. 15. 16. Table 19.20.020-Pennitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts A A-1 R-1 RHS RIC Temporary buildings for construction purposes (including trailers) for a ----- period not to exceed the duration of such construction; Home occupations; When accessory to permitted use and otherwise conforming to the p p p p p provisions of Chapter 19.120 of this title; Requiring a Conditional Use Permit pursuant to Chapter 19.120 of this CUP-CUP-CUP- CUP-CUP- title; Admin. Admin. Admin. Admin . Admin . Small-family day care home per dwelling unit; p p p p p Large-family day care home per dwelling unit; Which meets the parking criteria contained in Chapter 19.124, and p p p p p which is at least three hundred feet from any other large-fami ly day care home . The Director of Community Development or his or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; Which otherwise does not meet the criteria for a permitted use . The CUP-CUP-CUP-CUP-CUP- conditional use permit shall be processed as provided by CA . Health Ad.min. Admin. Admin. Admin. Admin. and Safety Code Section 1597.46(3); Residential care facility with six or fewer residents, not including the p p p p p provider, provider fam ily or staff, provided that the facility obtains any license, if required, issued by appropriate State and/or County agencies and/or department; Residential care facility, in each dwelling unit, with seven or greater CUP- CUP- CUP- CUP- CUP- residents, not including the provider, provider family or staff, is a PC PC PC PC PC* minimum distance of five hundred feet from the property boundary of another residential care facility, provided that the facility obtains any license, if required, issued by appropriate State and/or County agencies and/or departments; R-2 - p CUP- Admin. p p CUP- Admin. p CUP- PC R-3 p p CUP- Admin. p CUP- Admin. CUP- Admin. p CUP- PC ..... \0 i-.l 0 ~ 0 (j = 'C ('1) '"I g. 0 N 0 s· CIQ w 00 N 0 ...... Vl (/) I .... -..) Uses 29. a . b. c. 30. 31. 32. a. b. 33. 34. 35. Table 19 .20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts A A-1 R-1 RHS RlC Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows: Two large animals for the first 40,000 square feet of land area, except mules and donkeys which require 80,000 square feet for the first animal, See #1 See #1 -Pt - One additional large animal for each 20,000 square feet of land area, One additional large animal if said animal is raised for a 4H project, a project sponsored by a recognized agricultural organization or a school project, The keeping of any animal not otherwise permitted above : #27, 28 and ---CUP-- 29 Adrnin. Riding academies, commercial stables, and the boarding of horses ; CUP-CUP-- -- cc cc Noncommercial stables, and the keeping of riding horses: Limited to three horses on each lot at the any time except that p p - -- additional foals may be retained for a period of six months; In excess of the number permitted in 32(a) CUP-CUP---- cc cc Cemeteries, crematoriums, mausolea, and colurnbariurns CUP-CUP---- cc cc Mines, quarries and gravel pits; CUP -CUP---- cc cc Guest ranches; CUP-CUP-- - - cc cc R-2 R-3 -- - - - -- -- - - - .... ...... "O ~ §. .... .... (t) 0.. (j 0 t:s e: .... o· t:s e:.. § 0.. ~ t") ;:- 0.. n, 0.. e "' n, "' s· > ~ ;::;· E.. .... i::: .., e:.. II:) t:s 0.. :,::I (t) "' 0.: (t) t:s .... §: N 0 t:s n, "' .... \0 i--.l 0 ~ 0 ~ ,._. °' C/) Lil \0 Table 19.20.020-Permittcd, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts Uses A A-1 R-1 RHS RlC R-2 R-3 36. Public and quasi-public buildings and uses. CUP-CUP--- --- cc cc 37. Hog farms; Ex Ex - ---- 38. Cattle farms mainly depending upon feed brought onto the property; Ex Ex -- - - - 39. Slaughterhouses , fertilizer yards, feed yards, boneyards or plants for the Ex Ex - -- -- reduction of animal matter; 40 . Commercial feed sales; Ex Ex - - - -- 41. Other semiagricultural uses mainly depending upon raw materials, Ex Ex - - - - - semifinished products, or feed brought on to the property; 42. Other agricultural uses which, in the opinion of the Director of Ex Ex ---- - Community Development, create a private or public nuisance. Key: P-Permitted Use --Not Allowed CUP -Adrnin. -Conditional Use Permit issued by the Director of Community Development CUP-PC -Conditional Use Permit issued by the Planning Commission CUP-CC -Conditional Use Permit issued by the City Council *-May be permitted in locations where the use is compatible with existing and planned uses witllin the development area in the opinion of the Director of Community Development, t-The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances , Ex-Excluded Uses (Ord. 16-2159, § 5, 2016; Ord. 16-2158, § 2, 2016; Ord. 14-2125, § 5 (part), 2014; Ord. 2085, § 2 (part), 2011) .._,. ,._. \0 i-.l ~ ~ 0 (j i:: 'C "" '"I g. 0 N 0 s· (1Q .i,.. N 19.24.010 CHAPTER 19.24: AGRICULTURAL (A) AND AGRICULTURAL-RESIDENTIAL (A-1) ZONES Section 19.24.010 19.24.020 19.24.030 19.24 .040 19.24.050 Purpose . Applicability of regulations . Permitted, conditional and excluded uses . Site de velopment regulations. Building development regulations . 19.24.010 Purpose. Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential development of a rural character . Agricultural-residential (A-1) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein residential development of a semi-rural character. (Ord . 2085 , § 2 (part), 2011 ; Ord. 2056 , (part), 2010; Ord . 1601, Exh. A (part), 1992) 19.24.020 Applicability of Regulations. A. No building or structure or land shall be hereafter erected, structurally altered, or enlarged in an agricultural (A) zone or agricultural-residential (A-1 ) zone, otherwise than in conformance with the provisions of this chapter . B . Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict appl ication of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19 .52. (Ord . 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.24.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned agricultural (A) or agricultural-residential (A-1), are identified in Section 19.20.020. (Ord . 2085, § 2 (part), 2011) 2016 S-59 43 19.24.040 Site Development Regulations. A. Lot Area Zoning Designations . Minimum lot area shall correspond to the number (multiplied by one thousand square feet) following the A zoning symbol. Examples : Minimum Zoning Lot Area Symbol Number Square Feet A/Al 215 215,000 A 400 400,000 Al 43 43,000 B . Minimum Lot Area: Agricultural- Agricultural Residential (A) Zones (A-1) Zones 1. Minimum 215,000 square 215,000 square Lot size feet (with or feet (with no without incidental incidental residential use) residential use) 2. Incidental 43,000 square feet per dwelling unit. residential Dwelling units in farm labor camps for use temporary laborers, and accessory dwelling units shall not be counted for the purpose of determining required lot area under this section. C . Required Lot Shape . Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot. (Ord. 16-2159, § 6, 2016; Ord. 2085, § 2 (part), 2011) 19.24.050 Building Development Regulations. Table 19 .24 .050 sets forth the regulations for building development in Agricultural (A) and Agricultural- Residential (A-1) Zoning Districts . 19.24.050 Cupertino -Zoning 44 Table 19.24.050: Building Development Regulations Agricultural (A) Agricultural-Residential (A-1) A . Lot Coverage, Floor Area Ratio and Building Setbacks 1. Lot Coverage 40 % of net lot area 40 % of net lot area 2. Floor Area Ratio -45% 3 . Minimum Setbacks a. First Floor: i. Front-yard 30 feet 30 feet ii. Side-yard 20 feet 20 feet iii. Rear-yard 25 feet 20 feet b. Second Floor: i. Front-yard 30 feet 30 feet ii. Side-yard 20 feet 20 feet iii. Rear-yard 25 feet 25 feet c. Second-story Decks and Patios: i. Front-yard 22 feet 17 feet ii. Side-yard 20 feet 20 feet iii. Rear-yard 25 feet 25 feet B. Height of Principal Buildings and Structures 1. Maximum Height * 28 feet 2. Zoning districts with "i" Limited to one story (not to exceed 18 feet) suffix** 3. Exception for Hillside Planning Commission may approve heights greater than 28 feet upon making Areas all the following findings: a . The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case , shall the maximum height exceed thirty-five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40 .050(H) relating to RBS zoning districts, on or above the four-hundred-fifty-foot contour, exceed twenty feet. 2012 S-31 19.52.010 CHAPTER 19.52: REASONABLE ACCOMMODATION Section 19.52 .010 19 .52.020 19 .52 .030 19.52.040 19.52.050 19 .52.060 Purpose . Applicability of regulations. Application requirements. Approval authority, procedure and decision . Findings. Appeals . 19.52.010 Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the Acts) in the application of development or land use regulations. (Ord . 2085 , § 2 (part), 2011; Ord. 2056, (part), 2010) 19.52.020 Applicability of Regulations.- A request for reasonable accommodation may: A . Be made only for existing residential dwellings or accessory dwelling units. B . Be made by any person who is defined as disabled under the Acts, when the application of development or land use regulations act as a barrier to fair housing opportunities. C . Include a variance to the development or land use regulations that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. (Ord. 16-2159 § 7, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010) 19.52.030 Application Requirements . A . Application shall be made to the Director of Community Development, shall include information required per Section 19 .12.080 and shall additionally contain the following: 1. Plans or descriptions of existing and proposed construction on the property involved together with a statement of the circumstances which justifies the request for reasonable accommodation; 2. Additional information, including, but not limited to : 2016 S-59 103 a. Why the individual is considered disabled under the Acts; b. The development or land use regulations from which reasonable accommodation is being requested; and c . Why the reasonable accommodation is necessary to make the specific property accessible to the individual. (Ord . 2085, § 2 (part), 2011; Ord. 2056, (part), 2010) 19.52.040 Approval Authority, Procedure and Decision . Application shall be made and processed in accord with the requirements of Chapter 19.12 . (Ord . 2085, § 2 (part), 2011) 19 .52.050 Findings. A. The Approval Body may grant a request for reasonable accommodation only if all of the following findings are made : 1. The proposed improvements are necessary to provide housing access for persons disabled under the Acts; 2. The reasonable accommodation granted is one that will accomplish the purpose with the least modification to the development or land use regulations from which reasonable accommodation is being requested; 3. The granting of the reasonable accommodation will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title; and 4. The requested reasonable accommodation would not impose an undue financial or administrative burd en on the City. B . Conditions of Approval . In granting a request for reasonable accommodation , the Approval Body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings in Section 19 .52.050(A). (Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010) 19.52.060 Appeals. A decision by the Approval Body regarding the request for r easonable accommodation may be appealed pursuant to Chapter 19.12. (Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010) Cupertino -Zoning 104 2012 S-31 19.112.010 CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES Section 19 .112.010 19.112.020 19 .112.030 19 .112 .040 Purpose . Applicability of regulations . Site development regulations. Review process. 19.112.010 Purpose. The purpose of this chapter is to promote the goal of affordable housing within the City through provision of additional housing in certain residential and agricultural zoning districts in a manner which minimizes adverse impacts of accessory dwelling units on neighborhoods . (Ord. 16-2159 , § 8 (part), 2016 ; Ord . 2085 , § 2 (part), 2011; Ord. 1601 , Exh. A (p art), 1992) 19.112.020 Applicability of Regulations. Notwithstanding any provision of this title to the contrary , one accessor y dwelling unit: 1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding the underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot, 2 . Must comply with the site development regulations and guideline specified in those zoning districts for dwelling units, including but not limited to, lot coverage, floor area ratio, height, setbacks , landscape etc. the regulations contained in this chapter, Chapter 19 .100 , Accessory Structures /Buildings, Chapter 19.124, Parking, except as those standards may be modified by this chapter . (Ord. 16-2159 § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord . 1901, (part), 2002 ; Ord . 1601, Exh . A (part), 1992) 19.112.030 Site Development Regulations. Site Development Regulations for Accessory Dwelling Units are as identified in Table 19 .112.030 . Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of portions of New addition to existing existing structures to an accessory dwelling unit accessory dwelling unit and new accessory dwelling unit A . Maximum size of living space, exclusive of decks 1. Lots < 10,000 800 s .f . 2. Lots ~ 10,000 l,200s .f . B. Second-story accessory Allowed if the unit : Not allowed dwelling unit 1. Is a conversion of existing second story portions of the principal dwelling unit; and 2 . Complies with applicable landscape requirements to adjoining dwellings consistent with Section 19.28 .120 193 2016 S-59 19.112.030 Cupertino -Zoning 194 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units (Cont.) Attached to Principal Dwelling Unit Conversion of portions of New addition to existing accessory dwelling existing structures to an unit and new accessory dwelling unit accessory dwelling unit C. Parking 1. Parking for accessory None One additional off-street parking space shall dwelling unit be provided, if the principal dwelling unit has less than the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the unit meets the following requirements: a. Is within one-half (1/2) mile of a public transit stop ; or b. Located in an architecturally and historically significant historic district; or C. Occupant of the ADU is not allowed/ offered a required on-street parking permit; or d. Located within one block of a car share vehicle pick-up location. 2 . Replacement parking a . Replacement spaces must be provided for the principal dwelling unit to spaces when new meet the minimum off-street parking spaces for the applicable residential accessory dwelling unit zoning district in which it is located, as required in Chapter 19.124. converts existing b . Replacement spaces may be located in any configuration on the same lot covered, uncovered or as the accessory dwelling unit, including but not limited to covered enclosed parking spaces spaces, uncovered spaces, tandem spaces or by use of mechanical required for the principal automobile parking lifts . dwelling unit C. Any replacement parking spaces provided must comply with the development regulations for the applicable zoning district in which it is located, Chapter 19 .124, Parking and Chapter 19.100, Accessory Buildings / Structures . D. Direct outside access 1. Independent outdoor access must be provided without going through the principal dwelling unit. 2. Where second-story accessory dwelling units are allowed, entry shall not be provided by an exterior staircase . E. Screening from public street All access to accessory dwelling units shall be screened from a public street. (Ord. 16-2159, § 8 (part), 2016 ; Ord . 2085 , § 2 (part), 2011) 19.112.040 Review Process. A . Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed ministerially without discretionary review and must be approved or denied within the time frame specified in Government Code Section 65852.2. 2016 S-59 B . Accessory structures should be compatible with the architectural style and materials of the principal structure. (Ord . 16 -2159 , § 8 (part), 2016) ) 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 par king (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 § 1. 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 restrictions and 1482 Amends§ 11.20.030, stop regulations (Not codified) intersections (11 .20) 1509 Rezone (Special) 2012 S-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 ) (Repealed by Ord . 16-2155) regulations ( 11. 24) 1526 Amends §§ 10.26.090 -10 .26. 130, 1554 Rezone (Special) alarm systems (10 .26) 1555 Adds Ch. 9.20, off-site hazardous 1527 Adds§ 12.2 to Ord. 1449, § 7.3 to waste facilities (9. 20) Ord . 575, § 4 .3 to Ord. 779 , § 13 .2 to 1556 Amends § 11. 12 .030, speed limits Ord. 1452, § 13.2 to Ord. 1451 and (11.12) § 15.2 to Ord . 1450, zoning (Repealed 1557 Amends § § 11. 20. 020, traffic by 1601) regulations (11. 20) 1528 Rezone (Special) 1558 Water conservation (15.32) 1529 Amends§ 3 .32.050, construction tax 1559 Prezone (Special) (3 .32) 1560 Amends § 11. 08. 160, bicycles ( 11. 08) 1530 Rezone (Special) 1561 Amends § 2 .08 .090(A), City Council 1531 Adds Ch. 16.60, unreinforced masonry meetings (2.08) buildings (Repealed by 1777) 1562 Amends§ 11.24.150, parking 1532 Adds Ch. 10 .30, elimination of bodily regulations (11.24) waste in public (10 .30) 1563 Amends § 3.12 .030(A), transient 1533 Amends Ord. 1532 and § 10 .30.030, occupancy tax (3 .12) elimination of bodily waste in public 1564 Amends § 11.24.150, parking (10.30) regulations (11 .24) 1534 Adds Ch . 3 .34, utility users excise tax 1565 PERS contract amendment (Special) (3.34) 1566 Amends§ 11.12 .030, speed limits 1535 Adds Ch. 2 . 84, Environmental Review (11.12) Committee (2 .84) 1567 Amends Ch. 16 .16, electrical code 1536 Rezone (Special) (Repealed by 1707) 1537 Rezone (Special) 1568 Amends § 128.1 of Ord. 220(!), 1538 Adds Ch. 11. 37, overweight vehicle zoning (Not codified) permit (11.37) 1569 Adds§§ 19.21.080--19.21.140, zoning 1539 Rezone (Special) (19 .52) (Renumbered to §§ 19.56.010 1540 Approves certain development -19 .56 .060 by Ord . 2085) (Ch . 19.56 agreement (Special) Repealed by Ord . 16-2149) 2016 S-59 43 Comprehensive Ordinance List Or d . No . Ord. No . 13 -2109 Amends 14 .04 .170 and 18 .32 .390 14-2118 regarding acceptance of public improvements (14.04, 18.32) 13-2110 Repealing and replacing Ch . 14 .08, encroachments and use of city rights-of-14-2119 way (14.08) 14-2120 13-2 111 Amends 14.12.120 regarding condition for development or building permit 14-2121 (14.12) 13-21 12 Rezoning certain land (Not Codified) 13-2113 Rezoning certain land (Not Codified) 13-2 114 Approving development agreement 14-2122 between city and Apple, Inc.; repeals Ord. 1702 (Special) 14-2123 13-2 115 Amending Ch. 16; adding Ch . 16.02 , Administrative Code (Repealed by Ord . 14 -2124 16-2155); repealing and replacing Ch . 14-2125 16.04, Building Code (Repealed by Ord . 16-2155; repealing and replacing Ch. 16.06, Residential Code (Repealed by Ord. 16-2155); repealing and replacing Ch. 16 .12, Soils and Foundations -Subdivisions; repealing and replacing Ch . 16.16, Electrical Code (Repealed by Ord. 16-2155); repealing and replacing Ch . 16.20, Plumbing Code (Repealed by Ord . 16-2155); repealing and rep lacing Ch. 16 .24, Mechanical Code (Repealed by Ord. 16-2 155); repealing Ch. 16.32, Swimming Pools; amends 16.36 .010, 16.36.020, 16 .3 6.030, 16.36.040, 16 .36.050, 16 .36.070, 16 .36 .120 regarding relocation of buildings; repealing 16 .36 .130 regarding violations-penalty for moving buildings; repealing and repla cing Ch. 16.40, Fire Code (Repealed by Ord . 16-2155); 14-2126 amends 16.54.010 regarding adoption of Energy Code; amends 16.58 .010, 15-2127 16.58.015, 16.58.040, 16 .58 .100 regarding the Green Building Standards Code (16.02, 16.04 , 16 .06, 16.12, 16.16, 16 .20, 16 .24, 16.32, 16 .3 6, 15-2128 16.40, 16 .54, 16 .58) 14-2116 Adds 9.15 .100, 9.15.110, 9 .15.120, 9.15 .130, 9 .14.140, prohibiting use of 15-2129 polystyrene foam disposable food service ware (9.15) 15-2130 14-2117 Adds 16 .58.400 and 16.58.420 to Ch. 16.58, Green Building Standards Code; amends 1.08.010, 1.08.020 , 1.08.030 regarding right of entry for inspection (16 .58, 1.08) 2016 S-59 Amends 11.27 .020, 11 .27 .050, 11.27 .145 regarding designation of preferential parking zones around the Civic Center Plaza (11.27) Rezoning 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 adds 11.32 .055 regarding truck access to streets in school zones (11.32) Amends Ch . 2.40, Disaster Council (2.40) Amends Ch. 6.24, Garbage, Non- Organic Recycling and Organic Waste Recycling Collection and Disposal; amends Ch. 9.16, Solid Waste, Non-Organic Recycling and Rec yc ling 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-59 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 regarding public works contracts and bidding procedures (3 .23) Approving development 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 16-2153 16-2154 16-2155 16-2156 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 related 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 lending and check cashing businesses pending completion of an update to the zoning code (Not Codified) An interim urgency ordinance establishing a temporary moratorium on non-medical marijuana dispensaries, marijuana cultivation and cultivation facilities, commercial cannabis activities and marijuana transport and deliveries pending comp letion of an update to the zoning code (Not Codified) Amends Ch . 16 .52, Prevention of Flood Damage (16.52) Repealing and replacing Chs. 16.02, 16.04, 16 .06, 16 .16, 16.20, 16.24, 16.40, repealing Ch. 16.42, amending §§ 16.54 .010, 16.58.010, 16.58.015, 16 .58.040, 16.58 .100 and 16.80 .040 regarding California building , residential, electrical, mechanical, plumbing, energy, historical, fire, existing building, and greed building standards codes (16 .02, 16.04 , 16.06 , 16.16, 16.20, 16 .24, 16.40, 16.42, 16.54, 16.58, 16.80) An interim urgency ordinance establishing a temporary moratorium on the establishment, expansion, or relocation cif payday lending and check cashing businesses pending completion of an update to the zoning code (Not Codified) 45 Ord. No. 16-2157 16-2 158 16-2159 16-2160 2016 S-59 Comprehensive Ordinance List Amends § 19.08.030 regarding definitions , (19.08) Amends Ch . 8.07 and Table 19.20.020 regarding beekeeping (8.07, 19 .20) Amends §§ 19 .08.030, Table 19.20 .020 , 19 .24 .040, 19.52.020, and Ch. 19 .112 regarding accessory dwelling units (19.20, 19.24, 19 .52 and 19.112) An interim urgency ordinance establishing a temporary moratorium on non-medical marijuana dispensaries, marijuana cultivation and cultivation facilities, commercial cannabis activities and marijuana transport and deliveries pending completion of an update to the zo ning code (Not Codified) Cupertino -Comprehensive Ordinance List 46 --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 definitions 8.07 .020 enforcement 8. 07. 050 location of 8. 07 . 030 maintenance of 8 .07.030 nuisance 8 . 07 . 040 number of 8.07.030 registration of 8. 07. 030 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 violation, penalty 8 .06.040 Dead, disposal 8.01.070 Definitions 8.01.010 Diseased, seizure 8.01.060 Dog 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 2016 S-59 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. I 1. 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 ) 5 ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS Applicability of regulations 19.148.020 Application for public artwork 19 .148.050 Design criteria and artist qualifications 19 .148.060 Ineligible artwork 19.148.040 In lieu fee for artwork is discouraged 19 . 148.090 Maintenance requirements 19.148.080 Minimum artwork value 19.148.070 Permitted artwork 19 .148.030 Purpose and intent 19.148.010 ATHLETIC EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS ATTORNEY, CITY Assistant, acting, when 2.18.070 Bond requirements 2.18 .060 City staff, relations with 2.18.040 Conflict of interest 2 . 64 . 020 Council, relations with 2 .18.030 Eligibility 2 .18. 100 Employment agreement 2 .18.080 Office established 2 .18 .010 Powers, duties 2 .18 .020 Public, relations with 2 .18.050 Rental dispute mediation appeal duties 2. 78. 080 subpoena duties 2. 78 . 040 Staff 2. 18 . 090 Suspension, removal, resignation 2.18 .110 AUDIT COMMITTEE Chair 2.88 .050 City powers unchanged 2.88.130 City staff 2.88.110 Compensation, expense reimbursement 2 . 88. 070 Established, composition 2.88.010 Meetings 2 .88.060 Members at large 2 .88.020 vacancy 2 .88 .040 Powers, duties 2. 88 .100 Recordkeeping 2.88.090 Rules, regulations 2.88 .1 20 Term 2.88 .030 Voting 2.88 .080 AUTO COURT Business license tax rate 5.04.390 2016 S-59 Index --B -- BAGS See SINGLE-USE CARRYOUT BAGS BAR See REST A URA NT BEEKEEPING See ANIMALS BELOW MARKET RA TE HOUSING PROGRAM Administration 19 .172 . 030 Purpose 19 .172.010 Requirements 19 .172. 020 BICYCLE Administration 11. 08. 020 Attaching to vehicle, prohibited 11 . 08 .170 Bicycle lanes designated 11.08.250 use regulations 11. 08. 190 vehicles using prohibited 11.08 .230 Dealers purchaser education 11.08.110 registration verification 11. 08 .100 Definitions 11.08.010--11.08.015 Equipment requirements 11. 08 .130 Impoundment 11. 08. 240 Lane position requirements 11. 08 .150 License address change notification 11. 08. 090 alteration , destruction prohibited 11.08.061 existing, validity 11. 08 . 070 fees 11.08.120 indicia, renewal 11.08 .050 issuance 11 . 08. 040 transferability 11. 08. 080 Package carrying restrictions 11 . 08. 220 Pedestrian path use exemptions 11 . 08. 180 restrictions 11.08.160 Registration certificate See also License issuance 11. 08. 060 Regulations generally 11 . 08. 020 Riding restrictions 11.08 .210 Roller skates See ROLLER SKA TES Routes designated 1 1. 08. 260 Skateboards See SKA TEBO ARDS Traffic laws applicability 11. 08 .140 Violation, penalty 11.08.280 Walking, pedestrian laws applicable 11.08 .200 Cupertino -Index 6 BINGO Administrative authority designated 5. 32 .170 Authority 5.32.010 Defined 5 .32.020 Equipment 5 .32 .090 Financial interest limited 5.32.100 Hours 5.32 .150 Inspection authority 5.32 .180 License applicant investigation 5 .32.210, 5 .32 .220 application, contents 5. 32. 200 approval, conditions 5.32 .240 denial when 5.32 .250 fee 5 .32.280 nontransferable 5.32 .310 records , opportunity to review 5.32 .230 renewal 5.32.290 required 5 .32 .190 , 5.32 .270 suspension, revocation appeal 5.32 .330 authority 5 .32.320 notice 5 .32.320 Location 5.32.080 Minor, participation prohibited 5 .32.040 Organizations permitted to conduct 5 .32.030 Participant to be present 5.32.140 Prizes , value 5.32.130 Proceeds, charitable uses required 5 . 32.110 Provisions to supplement state law 5 .32.350 Public access required 5 .32.050 Recordkeeping 5.32.120 Reporting requirements 5 . 32. 300 Staffing, operation change, reporting , investigation 5 . 32. 260 generally 5 .32 .060 Violation, Penalty 5 .32.360 BOND Attorney , city 2 .18 .060 Auctioneer 5 .08 .020 City clerk 2 .20.040 Excavation, grading permittee 16 .08.150 Manager , city 2.28.030 Moving buildings 16.36 .060 Priv ate patrol 5 . 24. 050 Public works contract 3.23 .140 Street improvement installation 14.04 .170 Subdivision improvement security 18-1 . 808 . 2 Taxicab 5.28 .150 Treasurer, city 2.24.040 2015 S-47 BUILDING Address numb er visibility requirements 16 .04 .050 Electrical Code See ELECTRICAL CODE Excavation, foundations, retaining walls SeeEXCA VATION , GRADING, RETAINING WALLS Fence See FENCE Heating, cooling See MECHANICAL CODE Inspector bingo license applicant investig ation 5 . 32. 220 building moving permit issuance 16 .36 .050 Moving contiguous land 16 .36.080 definitions 16.36 .010 metal tires prohibited 16.36.090 notice required 16.36 .040 permit applic ation 16 . 36 . 030 bond 16.36 .060 conditions 16 .36 .070 fees 16 .36 .055 issuance, hearing 16 .36.040 required 16 .36.020 roller restrictions 16 .36 .100 truck requirements 16 .36 .110 superv isor, duties 16 .36 .120 Plumbing code See PLUMBING CODE Preliminary soils report See Soils report code adoption 16 .12.010 required 16.12.020 Retaining wall See EXCAVATION, GRADING, RETAINING WALLS Soil s report approval 16.12 .050 building permit conditions 16 .12 . 060 code adoption 16.12 .010 contents 16.12.030 preparation 16 .12 .040 required 16.12 .020 Swimming pool 16 .04.400 ) 6A BUILDING CODE Address identification 16. 04. 050 Administrative code alternate materials, designs and methods of construction and equipment 16.02 .140 applications and permits 16 .02 .050 approved materials and equipment 16 .02.120 Board of Appeals 16.02 .280 certificate of occupancy 16.02.270 definitions 16.02.020 department records 16.02.100 fees 16.02 250 general 16 .02.040 identification 16.02.080 inspections 16.02.070, 16.02.260 liability 16.02.110 modifications 16.02.130 notices and orders 16 .02 .060 permit required 16 .02.150 purpose 16 .02.010 responsibility of permittee 16.02 .240 right of entry 16.02 .090 scope 16.02.030 stop work order 16.02.300 submittal documents 16.'02.200 violations 16.02.290 Adopted 16.04.010 Adoption of appendix chapters 16.04 .015 Concrete isolated footings 16.04.200 2016 S-59 Index Cupertino -Index 6B 7 Revise Section 1905.1.7 ACI 318, Section 14 .1.4 16.05 .210 Roof covering classification 16.04.080 Swimming pools 16.04.400 Wildfire exposure, exterior 16.04.070 BUILDING CONSERVATION CODE Adopted 16.60 .010 Name insertion 16 .60.020 BUILDING MATERIAL YARD Business license See also BUSINESS LICENSE fee 5 .04 .350 BUSINESS LICENSE Adjustments, interstate commerce 5.04.100 Appeal 5 .04.480 City council powers, duties 5.04.060 Collector powers, duties 5.04 .070 Deemed debt to city 5.04 .240 Definitions 5 .04 .030 Duplicate 5 .04.170 Effect of provisions 5 . 04 .490 Evidence of doing business 5.04 .090 Exemption application 5 .04.120 general! y 5 . 04 . 110 Imposed 5. 04. 280 Interest, penalties 5.04.250 Interpretation of provisions 5. 04. 050 Issuance, expiration 5 .04.210 Overpayment refund 5 .04.230 Payment due when 5 .04 .200 Posting, display required 5.04.140 Purpose of provisions 5 . 04. 020 Reclassification 5.04.470 Renewal 5.04.160 Required 5 . 04 . 080 Revocation 5 . 04 .120 Separate businesses , same location, separate licen ses required 5 .04 .130 Statements 2016 S-59 deemed not conclusive, confidentiality 5. 04. 260 Index ex tension for filing 5 .04 .270 failure to file 5.04 .190 verification , audit 5.04 .180 Tax increase , automatic, consumer price index 5 .04.460 Terminology of provisions 5. 04. 040 Title of provisions 5.04.010 Transfer 5 .04 .150 Violation, penalty generally 5.04 .500 remedies cumulative 5 . 04. 510 --C -- CABLE TELEVISION ADVISORY COMMITTEE See TELECOMMUNICATIONS COMMISSION CABLE AND VIDEO SERVICES Audit authority 6.28.060 Customer service requirement 6 .28 .070 Franchise fee and PEG fee 6.28.050 Franchise required 6.28.030 Grant of authority 6 .28.030 Intent and purpose 6 . 28. 020 Police power 6 .28.040 Short title 6.28 .010 Use of streets 6.28.080 CAFETERIA See RESTAURANT CALIFORNIA WATER SERVICE See FRANCHISE CAT See ANIMAL CIGARETTE, TOBACCO VENDING MACHINES Public places permitted where , restrictions 10 .27.040 prohibitions generally 10.27 .030 Purpose, intent of provisions 10 . 27. 020 Title of provisions 10 .27 .010 Violation, penalty 10.27.050 CIRCULAR See ADVERTISEMENT Cupertino -Index 8 CIRCUS Other duties 2 .20.080 Business license CITY See also BUSINESS LICENSE fee 5 .04 .340 Officials See Specific Officer CITY COUNCIL/CITY STAFF RELATIONSHIPS Council and Council members 2.17. 030 Council policy 2.17. 033 Council power 2. 17. 031 Individual Council members 2 .17. 032 Information 2.17. 034 Intent and purpose 2. 17. 020 Preamble 2 .17.010 Staff 2.17. 040 Execution of Council direction 2 .17. 041 Timely response 2.17. 043 Undue influence 2. 17.042 CIVIL DEFENSE See DISASTER COUNCIL CLAIMS AGAINST THE CITY Authority 1.18.010 Claim prerequisite to suit 1. 18 .025 Claims required 1. 18.015 Exhaustion of administrative remedies 1.18 .040 Form of claim 1.18 .020 Suit 1.18.030 CLERK, CITY Appointment 2.20.100 City seal custodian 2.20.050 Conflict of interest 2 .64.020 Construction prohibition appeal notice 10.48.060 Department See DEPARTMENTAL ORGANIZATION Deputy, appointment 2 .20 .110 Election date change copy filing 2.76 .020 voter notification 2. 76.030 Employees' retirement system execution 2 .56.020 Nuisance abatement lien certificate, issuance 1.09.140 Oath of office, bond 2 .20 .040 Oaths, affirmations administration 2 . 20 . 070 2013 S-38 Recordkeeping accounting duties transferred 2.20 .020 duty 2.20.010 ordinances 2 .20.030 Storm drainage service charge collection duties 3.36.080 Transient occupancy tax appeal hearing notice 3.12.100 Weed abatement , assessment, notice posting 9 . 08. 080 CODE Adopted 1.01.010 Authority 1.01.030 Constitutionality 1.01. 090 Construction 1 . 04. 040 Definitions 1.04 .010 Effective date 1.01.080 Effect , past actions, obligations 1.01.070 Enforcement officer See CODE ENFORCEMENT OFFICER Fire See FIRE CODE Grammatical interpretation 1. 04 . 020 Headings, not limiting 1.01. 050 Penalty designated 1.12.010 nuisance abatement 1. 12.030 separate offenses 1.12.020 Prohibited acts including causing, permitting 1.04.030 References applicable to amendments 1.01.040 application to corresponding ordinances 1.01. 060 title, citation 1.01.020 Repeal shall not revive any ordinances 1.04 .050 CODE ENFORCEMENT OFFICER Inspection , right of entry See INSPECTION Office created 2.30.010 Warrantless arrest authority 2.30 .020 9 COFFEE SHOP See REST A URA NT COMMISSION, CITY See Specific Commission COMMUNICATION WITH CITY OFFICIALS Public building, prohibited acts designated 10.10.020 Right designated 10. 10.010 Violation, penalty 10 .10.030 COMMUNITY DEVELOPMENT DEPARTMENT See DEPARTMENTAL ORGANIZATION COMMUNITY DEVELOPMENT DIRECTOR Parade and athletic event administrative authority 10.44.030 CONCERT Business license See also BUSINESS LICENSE fee 5 .04.340 CONSTRUCTION TAX Adjustment 3 .32.045 Definitions 3.32 .020 Exceptions 3 .32 .070 Imposition 3.32.030 Payment place 3 .32.060 time 3.32.050 Purpose, intent 3.32.010 Rates 3 .32.040 Refunds 3.32.050 Revenue use 3.32 .080 CONTRACTOR Business license See also BUSINESS LICENSE fee 5.04.370 COUNCIL, CITY Abandoned vehicle, hearing 11.04 .070 Bicycle, fee allocation 11.08 .130 2014 S-46 Index Bingo license fee 5 .32.280 Business license powers, duties 5. 04. 060 Call for Council review 2 .08.145 Child care expense reimbursement, when granted 2.72.010 Communications 2.08.100 Contract bid award 3 .24.080 Document signature authority 2 .08 .135 Election See also Campaign finance generally 2.04.005 False alarm hearing duties 10.26.120 Manager, city appointment 2.28.010 suspension, removal 2.28.090 Meeting discussion procedure 2 .08.130 emergency 2 .04.025 order of business 2.08 .090 place 2 .04.030 presentation method 2.08.080 protests 2.08.120 reconsideration motions 2.08 .095 petitions 2.08.096 regular 2.04.010 special 2 .04.020 violation, penalty 2.08.140 Municipal employee relations officer appointment 2.52 .320 Nuisance abatement hearing 1.09 .070 Officer, official body reports 2.08 .110 Parade, athletic event permit appeal hearing 10.44.140 Permit parking time determination 11. 27. 130 Personnel authority 2.52.090 Petition definitions 2.08.030 exception 2.08.070 hearing notice 2.08.040 Public safety commission appointment 2.60.010 Reimbursement 2.16.030 Robert's Rules of Order adopted 2.08 .020 Rules adopted 2.08.010 Salary amount , effective date 2.16.020 statutorybasis 2.16.010 Storm drainage service charge adjustment authority 3.36.160 collection duties 3.36 .080 review duties 3 .36.050 Technology, information, and communications commission appointment 2 .74 .010 vacancy filling 2.74 .030 Term limits 2 .04.050 Transient occupancy tax appeal hearing determination 3 .12. 100 Vacancy filling 2 .04.040 Water charge appeal hearing 15.12 .100 Weed abatement assessment, hearing 9.08 .090 authority 9. 08. 060 hearing, decision, action 9 .08.050 resolution 9. 08 . 020 CRUISING See TRAFFIC CUPERTINO GARBAGE COMPANY See GARBAGE CURFEW Definitions 10.68.010 Exceptions 10.68.030 Violation --D -- penalty 10.68 .050 prohibited acts 10. 68 . 020 DEFECATION See URINATION, DEFECATION DEPARTMENTAL ORGANIZATION Di visions, de si gnated 2.48.020 Manager authority 2.48 .030 Purpose 2 .48 .010 DESIGN REVIEW COMMITTEE Chairperson 2.90 .050 Construction of provisions 2 . 90 .110 Established 2 .90 .010 Licensed architect 2.90.070 Meetings, quorum 2.90 .060 Powers, functions 2.90.090 Procedural rules 2.90.100 2016 S-59 Cupertino -Index Purpose of provisions 2.90.020 Recordkeeping 2 .90.080 Terms of office 2.90.030 Vacancy , remo val 2 .90 .040 DISASTER COUNCIL Definitions 2.40.020 Director of emergency services created 2.40 .050 powers, duties 2.40.060 Emergency organization membership 2.40 .070 structure , duties , functions 2.40 .080 Expenditures 2.40.100 Membership 2 .40 .030 Mutual aid provided 2.40 .090 Powers, duties 2.40. 030 Purposes 2.40 .010 Violation, penalty 2.40.110 DOCUMENTARY STAMP TAX Administration, authority 3 .04.090 Exemptions 3 . 04 . 040 DOG Imposition, rate 3.04 .020 Payment responsibility 3 .04 .030 Refund claim, authority 3.04 .100 Short title , authority 3 .04.010 See ANIMAL --E -- EARTHQUAKE See TOXIC GASES ELECTIONS, MUNICIPAL See COUNCIL , CITY ELECTRICAL CODE Adopted 16 .16 .010 Adoption of appendix chapters 16 .16 .015 Article 100 amended-definitions 16 .16.020 Electrical work, 16 .16.030 Fee schedule 16.16.040 Interpretation 16 .16 .050 Maintenance program 16 .16 . 060 Persons allowed to do electrical work designated 16 .16.030 EMERGENCY See DISASTER COUNCIL 10 11 EMPLOYEE, CITY See also Specific Employee Communication with public See COMMUNICATION WITH CITY See OFFICIALS General personnel policies See PERSONNEL EMPLOYEES' RETIREMENT SYSTEM See PERSONNEL ENERGY CODE Code adopted 16.54.010 ENCROACHMENTS See STREETS AND SIDEWALKS ENGINEER, CITY Encroachment permit issuance 14.08 .050 Preliminary soil report approval 16.12.050 Truck route signing 11.32.020 ENVIRONMENTAL PROTECTION CEQA guidelines adopted 2.84.090 ENVIRONMENTAL REVIEW COMMITTEE Appeals 2. 84 .100 Chairperson 2 .84.030 City powers not restricted 2. 84.120 Compensation, expense reimbursement 2.84.050 Environmental assessment fee 2.84.110 Established, composition 2.84.010 Meetings majority vote 2.84.060 quorum 2.84.040 Offi ce, term 2 .84.020 Powers, duties 2.84.080 Record of proceedings 2. 84. 070 EQUIPMENT, SURPLUS, SALE Auction bidding, payment 3.25.060 required 3. 25. 050 Between agencies 3. 25. 080 Centralization required 3. 25. 030 Notice 3 .25.040 Officer designated, powers, duties generally 3.25.020 Open market, when 3.25.070 System adopted 3.25.010 To officer, employee of city, restrictions 3.25.090 Transfer to charity, public agency 3. 25 .100 2016 S-59 Index EXCAVATION, GRADING, RETAINING WALLS Appeals 16 .08 .265 Bond requirements 16 .08 .150 Civil engineer grading supervision 16.08.230 Definitions 16 .08.020 Engineering geological reports 16.08 .120 Fees 16.08.160 Grading See also Specific Type or Phase emergency permit issuance 16. 08 .185 supervision 16. 08. 230 Inspections 16 .08.250 Interim plan 16.08 .110 Limitations of provisions 16.08.040 Modifications 16.08.240 Permit application contents 16. 08 . 080 approval conditions 16.08.190 denial 16.08.180 design standards 16.08.200 emergencies 16.08 .185 exemptions categorical 16 . 08. 070 generally 16.08.060 issuance conditions 16.08 . 170 limitations, conditions 16.08.210 permittee responsibility 16.08 .220 revocation 16 .08.280 suspension 16 .08.270 Permittee responsibility 16. 08. 220 Purpose of provisions 16.08.010 Scope 16.08.050 Severability 16.08 .030 Site map, grading plan required 16 .08.100 Soils engineering reports 16.08.130 Title of chapter 16 .08 .000 Violation penalties designated 16. 08 . 290 remedies deemed cumulative 16.08.300 Work completion notice, repo rt 16.08.260 schedule required 16. 08. 140 EXPLOSIVES Disposal 6.24.100 Permit issuance 10. 20. 020 required, application 10.20.010 Storage 10 .20.030 Violation, penalty 10.20.040 Cupertino -Index 12 --F -- FALSE ALARM See ALARM FAMILY CARE HOME Business license FENCE See also BUSINESS LICENSE fee 5.04.410 See ZONING FINANCE See PURCHASING FINANCE DIRECTOR Purchasing officer, designation, duties See PURCHASING OFFICER Storm drainage service charge bill correction authority 3 .36.150 collection duties balance payments 3.36 .090 generally 3 .36.080 omitted charges 3.36.100 premises inspection authority 3. 36 .190 FINANCE OFFICER Alarm systems administration and enforcement 10 .26 .100 appeals hearing 10 .26.120 FINE ARTS ACTIVITIES Regulations generally 2.80.080 FINE ARTS COMMISSION Compensation, expenses 2 .80.090 Effect of provisions 2. 80 .100 Established, appointment, composition 2.80 .010 Meetings generally 2.80.050 quorum 2.80.050 voting, requirements 2.80.060 Members appointment, composition 2.80.010 term ofoffice 2.80 .020 vacancy filling, removal procedures 2.80.030 Officers 2.80.040 Powers, duties generally 2 .80.080 Recordkeeping 2.80.070 FIRE See FIRE CODE See SMOKING 2016 S-59 FIRE CODE Access to building openings and roofs 16.40. 130 Appendix chapters, adoption of 16.40.015 Automatic sprinkler systems 16.40.210 California Fire Code adoption 16.40.010 Decorative vegetation in new and existing buildings 16.40 .200 Definitions 16.40.070 Egress, means of 16.40.230 Electrical equipment, wiring and hazards 16.40.180 Explosives and fireworks 16.40.370 Fire apparatus access roads 16.40 .120 Flammable and combustible liquids Class I and II liquids in aboveground storage tanks prohibited 16.40.380 Class I and II liquids in outside aboveground tanks 16.40.390 storage 16.40.385 Flammable cryogenic fluids 16.40.410 General precautions against fire 16.40 .220 Hazardous materials 16.40.355 general requirements 16.40 .360 storage 16.40.365 Hazards to firefighters 16.40 .080 International Fire Code adoption 16.40.010 Liquified petroleum gases 16.40.440 On-demand mobile fueling 16.40.400 Permits 16.40.060 Precautions against fire 16.40 .220 Reference standards 16 .40. 460 Silane distribution systems automatic shutdown 16.40 .440 Toxic and highly toxic materials 16.40.420, 16.40.430 Wildland-Urban Interface Fire Area application 16 .40 . 310 defensible space 16.40 .320 definitions 16.40.300 fire protection plan 16.40.330 ignition source control 16.40.350 water supply 16.40.340 FIREARM Permit required 10.76.010 Violation, penalty 10.76.020 FIRE CHIEF Bingo license applicant investigation 5 .32 .220 13 FIRE MARSHAL , COUNTY Weed abatement assessment collection authority 9 . 08 .100 hearing , submittal of record 9.08 .090 notice distribution 9 . 08. 080 recordkeeping duty 9 .08 .070 duty 9.08.060 notice mailing 9.08 .040 FIREWORKS Definitions 10.24 .010 Exceptions 10.24 .030 Prohibitions 10.24 .020 Violation, penalty 10.24.080 FLOOD DAMAGE PREVENTION Abrogation and greater restrictions 16 .52 .014 Anchoring 16 .52 .041 Appeal, variance Appeal Board 16 .52.062 variance conditions 16 .52 .061 Appeals, generally 16 .52 .030 Applicability of provisions 16.52.011 Basis for establishing the areas of special flood hazard 16 .52.012 Compliance 16 .52 .013 Construction materials and methods 16 .52 .04 2 standards 16 .52 .040 Definitions 16.52 .010 Development permit 16.52 .022 Elevation and floodproofing 16.52.043 Floodplain Administrator designation of 16.52 .020 duties and responsibilities of 16.52.021 Floodway restrictions 16 .52 .055 Interpretation 16.52.015 Liability disclaimer 16 .52 .016 Manufactured homes, standards for 16.52.053 Recreational vehicles, standards for 16.52.054 Statutory authorization 16 . 52 .001 Subdivisions and other proposed de velopment, standards for 16 .52.045 Utilities , standards for 16. 52 . 044 Variances Appeal Board 16 .52.062 conditions for 16 .52 .061 Warning and disclaimer of liability 16 .52 .016 2016 S-5 9 Index FOOD ESTABLISHMENT See RESTAURANT FRANCHISE Cable television See CABLE AND VIDEO SERVICES California water service design ated 6 .16.010 gross annual receipts , percentage pay ment to city 6.16 .050 maintenance notice 6 .16.020 required 6.16.030 term 6.16.040 Cupertino garbage company See GARBAGE Electricity definitions 6 .08.010 designated 6. 08. 020 granting authority 6.08 .070 gross receipts percentage payment to city 6.08.050 total , report required 6. 08. 060 maintenance requirements 6 . 08. 030 term 6.08 .040 Garbage Gas See GARBAGE definitions 6.12 .010 designated 6 .12.020 granting authority 6.12 .070 gross receipts percentage payment to city 6.12 .050 total, report required 6 .12. 060 maintenance requirements 6.12.030 term 6.12.040 Cupertino -Index 14 Pacific Gas and Electric Company See Electricity See Gas San Jose waterworks designated 6 .20 .010 gross annual receipts, percentage payment to city 6.20 .050 maintenance notice 6 .20.020 required 6.20.030 term 6 .20.040 Water FUND See California water service See San Jose waterworks Investment 2.24 .050 Special gas tax street improvement See SPECIAL GAS TAX STREET IMPROVEMENT FUND --G -- GARAGE, PATIO SALE Definitions 5. 16. 020 Enforcement 5.16.060 Findings 5.16 .010 Goods display 5.16.050 Limitation 5 .16 . 030 Sign See also SIGN regulations generally 19.104.250 restrictions 5 .16. 040 Violation penalty 5.16.070 presumption 5.16.041 GARBAGE Administration, enforcement, regulations adoption 6.24.230 Burning, restrictions 6.24.090 Collection See also Specific Subject unauthorized, prohibited 6.24 .200 Collection service charges 2015 S-49 See also Delinquent account mandatory, owner responsibilities establishment, collection 6.24.150 failure to pay, effect 6.24.160 commencement, time limits 6.24.040 GAS Container franchise grant, scope, authority 6.24.120 interference prohibited 6 .24 .210 mandatory, owner responsibilities 6.24.030 unauthorized use prohibited 6.24.220 inappropriate, additional charges when 6.24.080 standards, use regulations 6.24.070 Definitions 6.24 .020 Delinquent account collection, procedure 6.24.180 notification 6. 24 .170 Disposal explosive, hazardous materials 6 .24.100 frequency 6 .24.050 methods designated 6. 24. 060 unauthorized 6 .24.110 Franchise See Collection service Recycling mandatory non-organic recycling for businesses 6.24.035 mandatory organic recycling for business structures 6.24.037 mandatory solid waste collection service, exemption procedures 6. 24. 031 Purpose of provisions 6.24 .010 Recycling center, operation, use 6.24.190 Violation, penalty 6.24.240 See FRANCHISE TOXIC GASES GENERAL PENALTY See PENALTY , GENERAL ) 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, am endment, 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 install ation r eport 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 , remo val 2 .68.030 2016 S-58 Index LICENSE Se e also PERMIT Bicycle 11.08.020 Bingo 5.32 .190 , 5 .32 .270 Business See BUSINESS LICENSE Cat 8 .08.350 Commercial advertising 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, penal ty 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 investigation 5.32.210, 5.32 .220 approval 5 .32.240 denial 5 .32 .250 Bingo , provisions administration 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-59 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 16.02.280 Dis aster 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 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 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 ) 21 See Private street where 11.24.180 Handicapped marking 11.24.110 off-street, regulations generally 11. 24.190 private street See Private street Impoundment when, authority 11.24 .200 Loading zones authority 11. 24. 080 marking 11.24.090 passenger, marking 11.24 .100 private street See Private street Parkway, prohibited on 11.24.120 Permit application 11 . 27 .100 definitions 11.27 .020 description 11. 27 . 030 display 11. 27 . 080 established 11.27 .010 exceptions 11. 27 . 090 hours 11.27 .130 issuance designated groups 11.27.050 guest 11. 27. 060 resident 11. 27. 050 posting 11 . 27 . 040 replacement 11.27 .120 restriction 11.27 .070 revocation 11 . 27 .140 validity 11. 27 .110 violation, penalty 11.27 .150 zones designated 11.27 .145 Private street curb markings, signs 11.26.040 definitions 11. 26. 030 diagonal 11. 26 .120 handicapped parking space 11. 26 .100 loading zone Prohibited establishment authority 11. 26 . 070 marking 11.26.080 passenger 11.26 .090 parking space See also handicapped parking spacemarking 11.26.060 prohibited where 11. 26. 110 purpose of provisions 11.26.010 removal of vehicle sign specification 11 .26 .140 scope 11.26 .020 sign obedience required 11. 26. 050 violation, penalty 11 . 26 .130 certain hours, where 11. 24. 160 2015 S-47 Index private street See Private street street cleaning, repair 11 .24.230 where 11.24.060, 11.24.150 Provisions effect limited 11. 24. 020 Sale of merchandise, prohibited where 11.28 .050 Scope of provisions 11.24.010 Servicing or repair prohibited, exception 11. 24. 140 Seventy-two hour limit 11.24.130 Space marking 11.24.070 Temporary permits 11 . 24 . 220 Time limits, where 11.24 .170 Violation, penalty 11.24 .210, 11.28.060 PARK AND RECREATION FACILITIES ACQUISITION AND MAINTENANCE FUND Created, purpose , use 14.05.100 PARK LAND DEDICATION FEE Applicabili ty 13.08.030 Combination of park land dedication and fee 13.08.070 Credit for existing dwelling units 13 . 08. 090 Credit for private recreation or open space 13.08 .080 Definitions 13.08.020 Fees in lieu of park land dedication 13. 08 . 060 General procedures 13 . 08. 110 Park land dedication 13 . 08. 050 Purpose 13 . 08.010 PARKS , CITY See also PARK AND RECREATION COMMISSION Acquisition, maintenance fees amount, determination 14.05.070 appeals 14.05 .090 applicability of provisions 14. 05. 020 conformance requirements 14.05 .120 credits 14 .05.050 definitions 14.05.010 determination 14. 05. 060 exceptions 14 .05.080 pending building permit, provisions not applicable when 14 .05 .125 purpose, intent of provisions 14.05.030 required when, requirements generally 14 .05 .040 review , purpose 14. 05 . 110 use, restrictions 14.05.100 Administrative authority 13.04 .220 Advertising, sale restrictions 13. 04 .180 Behavior in, requirements 13.04.130 Closing hours prohibitions 13.04.190 vehicles towed when 13 .04 .191 Compliance required 13.04.030 Dedication See SUBDIVISION Definitions 13.04 .020 Enforcement authority 13. 04. 230 Lost article report 13 .04.210 Nature, rural preserve designation 13.04.201 regulations generally 13.04 .202 Permit appeal 13 . 04. 080 application 13 .04 .050 contents 13 .04 .060 fees, deposit 13 .04.090 granting, denial 13 .04 .070 liability 13.04.100 required 13. 04. 040 revocation 13. 04 .110 Picnic area , use restrictions 13.04.170 Property , use restrictions 13.04.120 Purpose 13 .04.010 Sanitation requirements 13 .04.140 Section closure when 13.04 .200 Swimming restrictions 13 .04 .160 Vehicle requirements 13 .04 .150 Violation, penalty 13.04 .240 PATIO SALE See GARAGE, PATIO SALE PEDESTRIANS Administration 11. 09. 020 Adult school crossing guards obedience to , required 11.09.060 positioning 11. 09. 050 Defined 11 .09 .010 School zones -prohibited vehicles 11 . 32 . 055 Violation , penalty 11.09.090 PED DLER Business license See also BUSINESS LICENSE fee 5 . 04 .400 PENALTY Code violation 1.12 .010 Nuisance abatement 1. 12.030 Separate offense 1. 12.020 PERFORMANCE Business license 2016 S-59 See also BUSINESS LICENSE fee 5.04.340 Cupertino -Index PERMIT See also BUSINESS LICENSE Advertisement, handbill distribution 10.52 .030 Alcoholic beverages, gasoline concurrent sales 5 .44 . 030 Animal dangerous , vicious 8 .08 .085, 8 .08.460 establishment 8.08.380 vicious 8 .08.085, 8.08.460 Encroachment 14 .08 .020 Explosives 10 .20 .010 Firearm 10 .76 .010 Grading 16. 08. 030 Moving buildings 16.36.020 Newsrack 10.21.080 Off-street vehicle 11. 10.011 Parade 10.44.030 Park, building 13.04.140 Parking See PARKING Private patrol 5 .24.020 Restaurant, food establishment 9.04.020 Sign 19 .104 .030 Solicitor identification 5 . 20. 030 Streamside modification 9 .19.030 Taxicab driver 5 .28 .160 operation 5 .28.060 Temporary parking 11.24 .220 Trees prohibited acts 14 .12.080 Watercourse , discharge into, NP DES permit 9.18.080 Water system connection 15.12.080 PERSONNEL Accruals credits, retained 2.52.080 Authority city manager 2 . 52. 100 council 2 .52 .090 Child care expense reimbursement, granted specified officers 2 . 72.010 City rights 2 .52 .310 Communication with See C OMMUNICATION WITH CITY See OFFICIALS Council, rights , powers 2 .52 .350 Definitions 2.52.290 Employee organization appropriate unit determination 2.52.470 formal recognition petition 2 .52.450 representative determination 2 . 52.480 rights 2.52.300 22 23 Employer-employee relations 2 .52 .280 Employment continuation 2.52.490 Federal, state, city laws, authority 2.52 .340 Grievance processing procedure 2.52.420 Impasse procedures 2.52.410 Jurisdiction A classification plan provisions included 2 . 52.160 purpose 2 .52.140 scope of coverage, adoption 2 .52 .150 pay plan 2.52 .180 Jurisdiction B provisions included 2.52.240 purpose 2 .52.220 scope of coverage, adopted 2.52.230 Jurisdiction C provisions included 2 .52 .270 purpose 2 .52 .250 scop e of coverage, adopted 2.52.260 Jurisdictions designated 2 .52 .040 ex clusions 2.52.050 exemptions 2.52.060 Legislative intent 2. 52. 030 Meet and confer in good faith advance notice required 2 .52 .440 exclusions 2.52.400 memorandum of understanding 2 . 52.430 scope 2.52.380 Municipal employee relations officer designated 2.52 .320 Purpose 2 .52 .010 Repeal of prior provisions 2.52 .070 Retirement See Specific Subject See Purpose Rules, regulations adoption 2.52 .330 adoption, effectiveness 2 .52.130 scope, applicability 2 .52.120 State law applicability 2 .52.370 System adopted 2.52.020 Written agreements, effect 2 .52 .360 PISTOL See FIREARM PLANNING COMMISSION Chairman, election 2.32 .040 Established 2.32 .010 2016 S-59 Index Meetings amendments, r ec ords required 2.32.060 procedure 2.32 .050 Member term of office 2.32.020 vacancy, removal 2 .32.030 Powers, functions 2 .32 .070 Procedural rules 2.32 .080 PLANNING DIRECTOR Bingo license applicant investigation 5.32 .220 PLUMBING CODE Adopted 16 .20 .010 Adoption of appendix chapters 16.20.015 Name insertion 16 .20 .020 POLICE See SHERIFF POLICE ALARM See ALARM POLLUTION See WATERCOURSE POLLUTION PREVENTION POLYSTYRENE FOAM SERVICE WARE Administrative citation and fine 9 .15 . 130 Definitions 9 .15 .100 Prohibited 9 .15.110 Exemptions 9 .15.120 Severability 9 .15 .140 PRELIMINARY SOIL REPORT See BUILDING PRIVATE SCHOOL Business li cense See also BUSINESS LICENSE fee 5 .04.420 PROPERTY MAINTENANCE City powers 9 .22 .050 Exemptions from provisions 9 . 22. 030 Franchise Tax Board, notice 9 .22 .060 Penalties 9 .22 .040 Prohibited acts 9.22.020 Purpose of provisions 9.22.010 Cupertino -Index 24 PUBLIC AND PRIVATE DEVELOPMENTS, ART REQUIREMENTS See ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS PUBLIC SAFETY COMMISSION Compensation, expenses 2 .60.050 Duties , responsibilities 2.60 .070 Effect 2 .60.080 Established 2.60.010 Meetings, quorum , officers, staff 2.60 .040 Members term of office 2.60.020 vacancy removal 2.60.030 Records required 2.60.060 PUBLIC WORKS CONTRACTS Award, criteria Bid lowest bid rejection, effect 3.23.100 lowest responsible bidder 3 . 23. 070 competitive, required when 3.23.030 exempt activities designated 3 .23.130 informal procedure when 3.23 .120 invitation, notice, contents 3 . 23 . 040 opening , procedure 3 .23 .060 presentation , security, requirements 3 .23 .050 rejection, identical , absence, effect 3 .23 .110 Bond requirements 3.23 .140 Definitions 3.23 .020 Lowest responsible bidder See Award , criteria Proceeds, deposit, use 3. 23 .150 Purpose of provisions 3.23 .010 Security See also Bid forfeiture when 3.23 .080 Work additional, pro cedure when 3.23 .160 deletion permitted when 3 . 23 .170 PUBLIC WORKS DEPARTMENT Se e DEPARTMENTAL ORGANIZATION PUBLIC WORKS DIRECTOR Storm drainage service charge collection duties 3 . 36. 080 measurement, anal y sis methods report duties 3 .36 .060 premises inspection authority 3 . 36 .190 PURCHASING See also EQUIPMENT , SURPLUS, SALE PUBLIC WORKS CONTRACTS 2015 S-49 Administration , scope, authority 3 .22 .030 Contract See also PUBLIC WORKS CONTRACTS bid , award procedures 3 . 22 . 060 Definitions 3 . 22 . 020 Exemptions See Public agencies, exemptions when Funds availability required 3 .22.050 Public agencies, exemptions when 3 .22.070 Purchase order, request, petty cash required 3 .22 .040 Purpose of provisions 3.22.010 PURCHASING OFFICER Contract award authority 3 .22 .060 Designated 3 .22.020 Powers, duties generally 3 .22.030 --Q -- QUARANTINE See ANIMAL --R -- RECORDER , COUNTY Documentary stamp tax administrator 3.04 .090 RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE Administrative fee, 16.72 .060 Covered projects, 16.72 .030 Definitions , 16.72 .020 Diversion requirements, 16 .72.040 Findings of the City Council, 16. 72.010 Information required before issuance of permit , 16 .72 .050 Reporting, 16.72.070 RECYCLING AREAS; SOLID WASTE, NON-ORGANIC RECYCLING Applicability of provisions 9 .16 . 030 Definitions 9.16 .020 Maintenance and collection 9 .16. 050 Purpose of provisions 9 .16.010 Site development requirements 9 .16 . 040 Solid waste, non-organic, recycling and organic recycling enclosures 9 .16 . 045 Violation, penalty 9.16 .060 RECYCLING, NON-ORGANIC AND ORGANIC WASTE COLLECTION AND DISPOSAL See GARBAGE 24A REFUSE See GARBAGE RENTAL DISPUTE MEDIATION Appeal 2 .78.080 Enforcement 2.78.090 Purpose of provisions 2 .78 .010 Subpoena application contents 2 . 78. 050 procedure 2 .78 .040 form, serving 2 .78.060 issuance authority 2. 78 . 020 findings required 2.78.070 restrictions 2. 78. 030 RESIDENTIAL CO DE Adoption of appendix chapters 16.06.15 Automatic fire sprinkler systems 16.06 .050 Code adoption 16 .06.010 Footings 16 .06.070 Intermittent brace wall panel construction methods 16 .06.110 Materials and construction methods for exterior wildfire exposure 16. 06 . 060 Roof covering classification 16.06.090 Spark arrestors 16 .06 .100 RESOLUTION See also ORDINANCE Money payment, adoption 2.12.030 Official forms 2 .12. 070 RESTAURANT Definitions 9 .04 .010 Food, unwholesome, destruction authority 9 .04.100 Meat inspection required 9.04 .110 manufacturing requirements 9.04.120 Permit application, issuance 9. 04 . 030 denial 9.04 .050 fee 9.04.040 nontransferable 9.04.070 required 9. 04 . 020 revocation, suspension 9. 04. 060 Prima facie evidence 9.04 .090 Rules, regulations 9.04 .080 Smoking See SMOKING Violation, penalty 9 .04.130 2016 S-59 Index REST HOME Business license See also BUSINESS LICENSE fee 5.04 .410 RETAINING WALL See EXCAVATION, GRADING , RETAINING WALLS RETIREMENT SYSTEM See PERSONNEL REVENUE See TAX RIGHT OF ENTRY See INSPECTION ROLLER SKA TES Defined 11.08.014 Prohibited where 11. 08. 270 Violations, penalties 11.08 .280 --s - SAFETY ASSESSMENT PLACARDS Application of provisions 16. 80. 020 Definitions 16. 80 . 030 Intent 16.80.010 Placards 16.80 .040 SALE OF SURPLUS SUPPLIES, EQUIPMENT See EQUIPMENT, SURPLUS, SALE SALES AND USE TAX Administration, state contract 3 . 08. 050 Collection, enjoining prohibited 3 . 08 .160 Exemptions, exclusions 3.08.120 Operative date 3 . 08 . 030 Purpose 3 . 08. 040 Rate 3.08 .020 Sales place, consummation 3.08 .070 tax, imposed 3.08 .060 Short title 3.08 .010 State code additional permits not required 3 . 08. 110 amendments, chapter applicability 3.08 .150 limitations 3 . 08 .100 provisions adopted 3 . 08 . 090 Use tax, imposed 3 .08.080 Violation, penalty 3. 08 .170 SALESPERSON Business license See also BUSINESS LICENSE fee 5.04.290 SAN JOSE WATERWORKS See FRANCHISE SEASONAL LOT Business license 2015 S-49 See also BUSINESS LICENSE fee 5 .04 .330 Cupertino -Index 24B 32A Records 3.35.140 Refunds 3 .35.150 Remedies cumulative 3.35.220 Short title 3 .35 .010 Substantial nexus / minimum contacts 3 . 35. 070 Telecommunication users' tax 3 .35.050 THEATER Business license See also BUSINESS LICENSE fee 5.04.440 Smoking See SMOKING TOBACCO VENDING MACHINE See CIGARETTE, TOBACCO VENDING See MACHINES 2016 S-59 Index Cupertino -Index 32B 33 Records 3.35 .140 Refunds 3.35.150 Remedies cumulative 3.35 .220 Short title 3.35 .010 Substantial nexus / minimum contacts 3.35 .070 Telecommunication users' tax 3. 35. 050 THEATER Business license See also BUSINESS LICENSE fee 5.04.440 Smoking See SMOKING TOBACCO VENDING MACHINE See CIGARETTE, TOBACCO VENDING See MACHINES TRACTOR Sales , repair, service, business license See also BUSINESS LICENSE fee 5 .04.540 TRAFFIC Cruising definitions 11.30 .010 exemptions 11. 30. 020 prohibited 11.30.030 vio lation, penalty 11. 30. 040 Curb opening closure authority 11.36.030 hearing appeal 11.36.060 authorized 11.36 .050 notice contents 11. 36 . 040 provisions nonexclusive 11.36.020 purpose, definitions 11.36 .010 Di verters 14.04 .125 Downtown area See Cruising Driveway opening See Curb opening closure Engineer See TRAFFIC ENGINEER Intersections, blocking prohibited 11 .24 .240 Loading zones See Parking Median closure See Curb opening closure Parking See PARKING 2016 S-59 Index Road bumps administrative authority designated 11. 34. 020 defined 11.34 .010 installation where, criteria 11.34 .030 Road construction, traffic regulations 11.36 .070 Speed bumps See Road bumps Speed limits authority, declaration 11.12.020 established 11.12. 03 0 purpose of provisions 11.12.010 signing 11.12 .040 Stop intersection all directional, designated, required action 11.20.030 designated , required action 11.20 .020 purpose of provisions 11.20 .010 signing 11 .20.040 Stopping, standing See PARKING Truck routes compliance required 11. 32 . 030 established 11.32 .020 pickups, deli ve ries, exceptions 11.32.070 school zones-prohibited vehicles 11. 32 . 055 truck defined 11.32.010 unrestricted highways designated 11 . 32. 050 use regulations generally 11. 32 . 060 vehic le types excepted 11. 32 . 080 vehicle weighing authority 11. 32 . 040 vio lation, penalty 11. 32. 090 TRAFFIC ENGINEER Bicycle lane sign erection 11.08 .260 Parking curb marking , sign authority 11 .26.040 handicapped parking space ap proval 11.26.100 loading space establishment authority 11.26 .070 space marking authority 11.26 .060 TRANSIENT OCCUPANCY TAX Collection action 3 .12.130 Definitions 3.12.020 Failure to collect and report appeal 3.12 .100 determination 3 . 12. 090 Imposition 3 .12.030 Operator duty 3.12.050 Penalty, interest 3 .12 . 080 Records retention, access 3.12.110 Refund condition 3.12.120 Cupertino -Index 34 Registration 3. 12 . 060 Reporting, remitting 3.12 .070 Short title 3 .12 .010 Violation, penalty 3 .12.140 TRAPS See ANIMAL TREASURER, CITY Conflict of interest 2.64.020 Franchise pipeline inspection 6. 04 . 050 Investment authority 2.24.050 Monthly statements required 2.24 .030 Oath of office, bond 2 .24.040 Payment, procedure 2.24.020 Responsibility for city moneys 2.24 .010 TREASURER,COUNTY Assessment collection responsibility 3 .16 .010 TREE See STREETS AND SIDEWALKS TREES TREES Protected Trees 2014 S-46 action by Director 14 .18.120 actions prohibited 14 .18.030 definitions 14.18.020 exemptions 14.18.150 heritage tree designation 14 . 18. 070 heritage tree identification tag 14.18.090 heritage tree list 14 .18 .080 penalty 14.18.220 plan of protection 14.18 .060 protected trees 14 .18. 050 protection during construction 14 .18 .200 purpose of provisions 14.18.010 recordation 14 . 18 . 100 removal application 14 .18 .110 approval authority 14.18 .110 notice and posting 14.18 . 130 notice of action 14 .18.190 appeal 14 .18 .190 protection plan before granting permit 14.18.210 retroactive permit 14.18.170 review 14 .18.180 retention promoted 14.18 .040 Tree Management Plan 14.18 .140 tree replacement 14.18 .160 Street tree regulations appeals 14.12.170 building permit requirements condition of issuance 14.12.120 definitions 14.12 .020 enforcement 14 .12 .040 financial hardship and lien procedure 14.12 .160 master street tree list 14 .12 .050 nuisance conditions 14.12.110 penalty 14 .12.150 planting specifications 14.12.060 prohibited acts 14.12.080 public tree management 14.12.070 purpose of provisions 14.12 .010 removal permit, notice 14.12.090 public utilities 14.12 .090 replacement 14.12.100 remedies 14.12.140 responsibility 14 .12 .030 schedules new street tree costs and public tree damage or removal fee 14 .12. 130 violation, penalty 14.12 .140 TRESPASSING Shopping center --u -- defined 10.56 .010 enforcement powers not affected 10 .56.050 exception 10. 56 . 030 unlawful actions 10 .56.020 violation, penalty 10.56 .070 UNDERGROUND UTILITIES Conversions city responsibility 14 .20.100 company responsibility 14.20 .080 exceptions designated 14.20.060 when 14 .20 .050 notice required 14 .20 .070 property owner responsibility 14.20 .090 public hearing 14.20.020 time extension when 14 .20.110 unlawful acts 14.20.040 violation, penalty 14.20.120 District designation 14. 20. 030 New developments definitions 14 .24 .020 35 exception administrative 14.24.060 generally 14.24.040 use permit 14 .24 .070 zones 14.24.050 intent 14.24.010 required 14.24 .030 transition clause 14 . 24. 080 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS CODE Adoption by reference 16.70.010 URINATION, DEFECATION Definitions 10.30.010 Prohibited where 10 .30 .020 Violation, penalty 10.30.030 UTILITIES See FRANCHISE See SEWER See UNDERGROUND UTILITIES See WATER UTILITY USERS EXCISE TAX Administration , scop~. authority 3 .34.100 Benefit declaration 3.34.150 Collection debt to city, actions permitted 3.34.150 due date, delinquency, penalties 3.34.070 procedure generally 3.34 .090 Conflicting provisions, resolution 3 .34.190 Construance of provisions 3. 34 . 200 Definitions, 3.34.010 Duration, term 3.34 .160 Exemptions designated 3.34 .020 partial, criteria 3.34.060 Grammatical interpretation of provisions 3. 34 .140 Imposed, rate, applicability See also Exemptions electricity users tax 3. 34. 040 gas users tax 3 .34.050 telephone users tax 3 .34 .030 Payment See also Collection failure, assessment when, effect 3 .34.110 Powers deemed additional 3 . 34 .180 Proceeds, revenue measure, disposition 3 . 34 .170 Purpose of provisions 3. 34. 005 Recordkeeping requirements 3 .34.120 Refund, criteria, procedure 3.34.130 2008 S-15 Index Tax See also Specific Subject administrator defined 3. 34 . 020 Validity of proceedings, tax --V -- actions, proceeding limitation 3 .34.220 generally 3 .34.210 VEHICLE See also PARKING See also TRAFFIC Abandoned abatement authority 11. 04 . 050 compliance time limit 11. 04. 091 cost recovery, generally 11.04.092 cost recovery, repeat violation 11. 04 .150 notice 11. 04. 060 definitions 11.04 .011 disposition final 11.04.140 notice 11.04.110 procedure 11.04.120 enforcement of provisions 11 . 04. 040 hearing procedure 11. 04. 090 when ll.0.4.070 nuisance 11.04 .031 prohibitions designated 11.04.019 exceptions 11.04.020 purpose of provisions ll . 04.010 reconstruction 11. 04 .130 Animal transport in See ANIMAL Bicycle See BICYCLE Off-street See OFF-STREET VEHICLES Overweight , special permit appeals ll .37 .070 applicability ll. 3 7 . 020 application contents 11. 37. 030 fee 11.37 .040 issuance 11. 37. 050 limitations , restrictions, imposition ll.37 .060 purpose of provisions 11.37 .010 Peddler, restrictions 5 . 20. 120 Taxicab See TAXICAB VENDING MACHINE Business license See also BUSINESS LICENSE fee 5.04.360 VENDORS, MOBILE Exemptions 5 .48. 060 Location restrictions 5.48.050, 5.48.070 Operating regulations 5.48.080 Permit application, issuance 5 .48 . 030 fees 5 .48 . 040 required 5 .48. 020 revocation, suspension 5 .48. 090 Purpose of provisions 5.48.010 Violation, penalty 5.48 .100 --w -- WASTE See GARBAGE See WATERCOURSE POLLUTION See PREVENTION WATER See also FRANCHISE See also SEWER See also WATERCOURSE POLLUTION See also PREVENTION Conservation city facilities 15.32.050 definitions 15 .32.020 emergency shutoff 15 .32.070 exceptions for public health and safety 15.32.060 findings 15.32 .010 prohibited acts 15 .32.030 restrictions on use 15 .32.040 violation, penalty 15.32.080 Rates, charges appeals 15.04.050 definitions 15.04.010 determination criteria 15.04 .020 establishment procedure 15.04.030 exceptions generally 15.04.040 imposition authority 15. 04. 020 modifications, establishment procedure 15.04.030 Cupertino -Index 36 WATERCOURSE PO LLUTION PREVENTION (See STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION) 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 pass-throughs authorized when 15 .04 .040 Resource protection definitions 9.19.020 purpose 9.19 .010 2016 S-59 streamside modification permit 9 .19. 030 guidelines and standards 9 . 19. 040 time limit for commencing use of 9.19 .050 37 --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 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 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 dwelling unit A-1 zone 19 .20 .020 applicability of provisions 19 .112 . 020 A zo ne 19 .20.020 purpose 19.112 .010 Rl zone 19.20.020 review process 19. 112 .040 RHS zone 19 .20 .020 site development regulations 19 .112 . 030 Accessory facilities A-1 zone 19.20 .020 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 zone 19.20.020 RHS zone 19.20 .020 Administration 2016 S-59 appeals 19 .12.170 applicability of regulations 19.12 .020 application process 19.12.080 approval authority 19 .12 .030 Index 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 .1 2 .160 expiration, extension, violation and revocation 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 offic e zone See OA zone Administrative office CG zone 19 .60.03 0 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 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 r egulations, changes in 19 .152 .030 Cupertino -Index 38 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 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 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 Automobile repair shops CG zone 19.60.030 Automobile sales 2016 S-59 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. 7 6 . 050 conditional uses 19 .76 .030 designated 19.16.010 excluded uses 19.76.030 permits required for development 19 . 7 6. 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. 76. 020 application requirements 19.76.050 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 45 Quarry A-1 zone 19 .20 .020 A zone 19 .20.020 Quasi-public building zone See BQ zone RlC zone applicability of provisions 19.44.020 changes after granting 19.44.070 characteristics 19 .44. 030 conditional uses 19.44.040 designated 19.16.010 exceptions-findings 19.44 .080 excluded uses 19.44.040 permitted uses 19.44.040 purpose 19.44 .010 site development regulations 19.44 .050 specific development standards 19 . 44 . 060 R-1 zone applicability of regulations 19 .28 .020 building development regulations 19 .28 .070 conditional uses 19.28.030 designated 19.16 .010 developmentregulations 19.28 .080 , 19.28.090 building 19.28.070 Rl-a 19.28.090 site 19.28 .060 Eichler (Rl-e) building design requirements 19 .28.080 exceptions 19.28.130 excluded uses 19 .28.030 findings 19. 28. 140 landscape requirements 19 .28 .120 permits required 19.28.040 permitted uses 19.28.030 permitted yard encroachments 19.28 .100 purpose 19.28.010 single -family residential design guidelines and principles 19. 28 . 110 site development regulations 19 .28 .060 yard 19 .28 .100 zoning districts established 19 .28.050 R-2 zone applicability of provisions 19 .32 .020 building development regulations 19.32.060 conditional uses 19.32.030 designated 19 .16.010 excluded uses 19.32 .030 permits required for development 19.32 .040 permitted uses 19 .32 .030 purpose 19.32.010 site development regulations 19.32.050 R-3 zone applicability of provisions 19 . 36 . 020 building development regulations 19 . 36 . 070 2012 S-31 Index conditional uses 19 .36.030 designated 19 .16 .010 development plan required 19.36.040 excluded uses 19.36.030 permit required for development 19 .36 .050 permitted uses 19.36.030 purpose 19.36.010 site development regulations 19.36.060 Racquet club FP zone 19 .84.020 Radioactive material manufacture ML zone 19.64 .020 Radio aerial See Wireless communications facilities Radio station ML zone 19.64 .020 ML-re zone 19.64.020 Radio tower A-1 zone 19 .20.020 A zone 19.20 .020 Railroad T zone 19.76 .030 Real estate agency CG zone 19.60.030 Reasonable accommodation appeals 19.52.060 applicability 19. 52 . 020 application requirements 19.52.030 approval authority , procedure and decision 19 . 52. 040 findings 19 . 52. 050 purpose 19.52 .010 Recreation OS zone 19.84.020 PR zone 19 .84.020 Recycling area See RECYCLING AREAS site development requirements 19.81.040 violation, penalty 19.81.060 Recycling center applicability of regulations 19. 108. 020 criteria and standards 19 .108 .050 penalty 19.108.020 permits for multiple sites 19 .108. 040 permits required 19.108.030 purpose 19. 108.010 Religious organization BQ zone 19.76.030 Repair services CG zone 19.60 .030 FP zone 19 .84.020 ML zone 19.64.020 Research and development ML zone 19.64.020 Cupertino -Index Residential care facility A-1 zone 19.20 .020 A 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 Residential dwelling for caretakers/watchmen FP zone 19.84.020 ML zone 19.64.020 Residential duplex zone See R-2 zone Residential hillside zone See RHS zone Residential single-family cluster zone See RIC zone Restaurant CG zone 19.60.030 FP zone 19.84.020 Retail store CG zone 19.60 .030 FP zone 19.84.020 RHS zone applicability of provisions 19. 40 . 020 application requirements 19 .40. 040 building development regulations 19.40 .060 conditional uses 19.40 .030 designated 19.16.010 excluded uses 19.40.030 hillside exception, findings 19 .40. 080 hillside lots, exception for development of certain individual 19.40 .070 permitted uses 19.40.030 purpose 19.40.010 site development regulations designated 19.40.050 Riding academi es A-1 zone 19.20 .020 A zone 19 .20 .020 Riding clubs , related stables and trails RHS zone 19.20.020 School BQ zone 19 .76.030 School, specialized CG zone 19.60.030 Shed Signs See SIGNS 2016 S-59 Single-family dwelling unit A-1 zone 19.20.020 A zone 19.20 .020 PR zone 19 .84.020 RIC zone 19 .20.020 R-1 zone 19.20.020 RHS zone 19 .20.020 Single-family residential zone See Rl zone Site development regulations accessory buildings, structures 19.100.030 accessory dwelling unit 19 .112.030 A-1 zone 19.24.040 A zone 19.24 .040 BA zone 19.76.060 BQ zone 19.76.060 ML zone 19.72 .060 MP zone 19 .72.060 OA zone 19 .76 .050 Rl zone 19.28.060 RIC zone 19.44.050 R-3 zone 19.36 .060 radio aerial See Wireless communications facilities RHS zone 19.40.050 television aerial See Wireless communications facilities T zone 19.76.060 Skating rink FP zone 19.84 .020 Solar design A-1 zone 19 .20 .020 A zone 19.20.020 RHS zone 19.20.020 Sports training center FP zone 19 .84 .020 Stables A-1 zone 19.20.020 A zone 19.20.020 OS zone 19.84.020 Stenographic service ML zone 19 .64 .020 ML-re zone 19.64 .020 Stone cutting, monument manufacture ML zone 19 .64 .020 Storage facility ML zone 19 .64 .020 Stream OS zone 19 .84 .020 46