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2018 S-64 Supplement
LMB (2/18) CUPERTINO,CALIFORNIA Instruction Sheet 2018 S-64 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 10: PUBLIC PEACE, SAFETY AND MORALS 1, 2 1, 2 11 through 20 156A, 156B 193, 194 TITLE 19: ZONING 1, 2 46A through 46D 1, 2 11 through 20 156A , 156B 193, 194 COMPREHENSIVE ORDINANCE LIST 43 through 46 3 through 4B 16A through 20 INDEX 43 through 46 3 through 4B 16A through 20 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-64 Supplement contains: Local legislation current through Ordinance 17-2170, passed 1-16-2018 ~-------.. COPYRIGHT © 2018 AMERICAN LEGAL PUBLISHING CORPORATION 2018 S-64 TITLE 10: PUBLIC PEACE, SAFETY Al\1D MORALS Chapter 10.10 Conduct in Public Buildings 10.20 Explosives 10.21 Newsracks 10.24 Fireworks 10.26 Regulation of Police Alarm Systems and Devices 10.27 Cigarette and Tobacco Vending Machines 10.30 Elimination of Bodily Waste in Public Places 10.44 Parades and Athletic Events 10.48 Community Noise Control 10.49 Consumption or Possession of Open Container of Intoxicating Liquors in Public Places 10.52 Distribution of Handbills and Advertisements 10.56 Trespassing Upon Parking Lots, Shopping Center Property Open to the Public 10.60 Regulation of Graffiti 10.68 Curfew 10. 76 Firearms Permit 10.80 Solicitation Prohibitions on Designated Public Rights-of-Way 10.84 Medicinal and Adult Use of Marijuana 10.90 Regulation of Smoking Cupertino -Public Peace, Safety and Morals 2 ) 10.84.020 CHAPTER 10.84: MEDICINAL AND ADULT USE OF MARIJUANA Section 10 .84.010 10 .84.020 10 .84.030 10.84.040 10.84.050 Purpose. Definitions. Commercial marijuana activities prohibited . Possession , delivery , distribution , and indoor cultivation of marijuana . Enforcement, remedies and declaration of public nuisance. 10.84.010 Purpose. The purpose of this Chapter is for the City Council to exercise its police and regulatory powers derived from Section 7 of Article XI of the California Constitution and state law to promote the health, safety and general welfare of the residents and businesses of the City of Cupertino and preserve the City 's land use powers, by prohibiting all commercial marijuana activity within the City's jurisdictional limits, unless preempted by state law or authorized by this Chapter . Nothing in this Chapter is intended to circumvent compliance with state law . (Ord. 17 -2169, § 1 (part), 2017) 10.84.020 Definitions. For purposes of this Chapter , the terms and words in this Section are defined as follows and in accordance with the relevant provisions of state law, as amended from time to time. "Accessory Structures" shall have the meaning set forth in Chapter 19.08, Definitions , of the Cupertino Municipal Code . "Commercial cannabis activity" shall have the same meaning set forth in California Business and Professions Code § 26001 (k). "Cultivation" shall have the same meaning as set forth in California Business and Professions Code § 26001(1). "Delivery" shall have the same meaning as set forth in California Business and Professions Code § 2600l(p). "Distribution" shall mean the procurement, sale, and transport of cannabis and cannabis products between licensees, as defined in California Business and Professions Code § 26001(r). 2018 S-64 46A "Identification Card" shall have the same meaning as set forth in state law, including California Health and Safety Code§ 11362 .7(g). "Marijuana or cannabis" shall have the meaning set forth in California Business and Professions Code § 26001(f). Marijuana and cannabis are used interchangeably in this Code . The term "marijuana' shall also include "medical marijuana," "medicinal marijuana product" and "cannabis product " as defined in Business and Professions Code § 26001. "Marijuana accessories" shall have the same meaning as set forth in California Business and Professions Code § 26001(g). "Marijuana cultivation" shall ha ve the same meaning as set forth in California Business and Professions Code § 26001(1). "Marijuana cultivation site" shall have the same meaning as set forth in California Business and Professions Code § 2600l(m). "Marijuana delivery" shall have the mearung set forth in California Business and Professions Code § 26001 (p). "Marijuana dispensary" means any business , office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers, whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent the purposes set forth in California Health and Safety Code§ 11362 .5 . "Medicinal marijuana" and "medicinal marijuana products" shall have the same meaning set forth in California Business and Professions Code § 26001(ai). "Medicinal marijuana dispensary" means any business , facility, use, establishment, property , or location, whether fixed or mobile, where medicinal marijuana or medicinal marijuana product, is sold, made available, and /or distributed. A "medicinal marijuana dispensary" does not include the following facilities that provide medical care and supportive services to a qualified patient , person with an identification card, or employs a primary caregiver providing services to a qualified patient or person with an identification card at that facility: 10.84.020 Cupertino -Public Peace, Safety and Morals 46B a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; c. 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; d. A residential care facility for the elderly licensed pursuant to Chapter 3 .2 of Division 2 of the Health and Safety Code; or e. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. "Marijuana products" shall have the same meaning as set forth in California Business and Professions Code § 2600l(i). "Operation" shall have the same meaning set forth in California Business and Professions Code § 26001(ak). "Outdoors" means any location that is not within a fully enclosed and secure structure. "Person" includes any individual, firm , co-partnership , joint venture, association, corporation , limited liability company, estate, trust, business trust, receiver, syndicate , or any other group or combination acting as a unit. "Primary caregiver " shall have the same meaning as set forth in the California Health and Safety Code § 11362 .7. "Private residence" means a legal, house, apartment unit, accessory dwelling unit or other similar residential dwelling. "Qualified patient" shall have the same meaning as set forth in Health and Safety Code § 11362 .7 . "Sale," "sell," "sale," and "to sell" shall have the same meaning as set forth in California Business and Professions Code§ 26001(as). (Ord . 17-2169, § 1 (part), 2017) 10 .84.030 Commercial Marijuana Activities Prohibited. Except as provided in Section 10.84 .040, all commercial activities involving marijuana and all outdoor cultivation of marijuana (both commercial and for personal use), whether or not they require a state or local license, are prohibited in all zones in the City . The City will not issue any permit, license or other entitlement for any commercial marijuana activity or outdoor cultivation of marijuana. (Ord. 17-2169, § 1 (part), 2017) 10.84.040 Possession, Delivery, Distribution, and Indoor Cultivation of Marijuana. Notwithstanding the prohibitions in Section 10 .84.030 above, the following activities are allowed : A . Possession of marijuana for personal use is allowed to the limited extent authorized under Health and Safety Code§§ 11357 and 11362 .5. 2018 S-64 B. Delivery of marijuana is allowed in accordance with the following restrictions: 1. Only by Licensees operating with a valid state license and in compliance with laws and regulations of the local jurisdiction where the Licensee is physically located or obtained the license; and 2 . Only deliveries to the City of Cupertino are allowed; deliveries may not originate within the City; and 3 . D eliveries to a qualified patient or by a primary caregiver to his or her qualified patient are allowed, to the extent allowed by California Business and Professions Code § 26033. C. The use of the City's public roads by Licensees transporting marijuana or marijuana products to the limited extent authorized by California Business and Professions Code § 26080(b). D . Indoor marijuana cultivation for personal use is permitted only in a Private Residence, to the limited extent authorized under California Health and Safety Code §§ 11362 .1 and 11362.2 and subject to the following regulations: 1. The cultivation activity shall be incidental to the primary use of the Private Residence as a dwelling; 2. The property shall be the primary residence of the Person cultivating the marijuana, and the Person shall not participate in cultivation in any other location within the City; 3 . If the Private Residence is rental property, written authorization must be obtained from the landlord, property owner or property manager prior to commencement of cultivation. Nothing in this section prohibits a landlord or property owner from imposing more stringent standards than those outlined in this section . No marijuana cultivation may occur in violation of a lease or rental agreement ; 4 . Any structure used for indoor cultivation must be fully enclosed, secure, and locked, as required by state law; 5 . The cultivation area must be within a Private Residence, or an accessory structure to a Private Residence located entirely on property owned or legally in possession of the Person doing the cultivation; 6. Not more than six (6) mature or immature plants are permitted per Private Residence, regardless of the number of residents occupying the property; 7 . The cultivation area must be a single designated area not exceeding 36 square feet measured by canopy or ten (10) linear feet in height; 8. The display or any exterior evidence of marijuana cultivation, including but not limited to marijuana plants, storage of marijuana accessories or pesticides, or processing and curing equipment is strictly prohibited; 9 . The use, alterations and additions to the Private Residence, garage, and accessory structures, must comply with all applicable building, fire, plumbing, electrical, 46C Medicinal and Adult Use of Marijuana housing and zoning codes, including regulations related to lot coverage, set back, height and parking requirements; 10. The use of gas products, including but not limited to , CO2 and butane, CO2 and ozone generators, or other flammable solvents for cultivation or processing is prohibited ; 11 . Lighting for cultivation shall be energy efficient lighting, such as, light-emitting diodes (LEDs), compact fluorescent lamps (CFLs), or fluorescent lighting and shall not create a fire or safety hazard; 12. A ventilation and filtration system that meets minimum requirements of the adopted edition of the California Building Standards Code or its equivalent(s), is required. It must be designed to ensure that odors from cultivation are not detectable beyond the Private Residence or accessory structure where cultivation occurs, must prevent mold and humidity/moisture, and otherwise protect the health and safety of the occupants and the neighborhood; 13. Cultivation shall not adversely affect the health or safety of the occupants or nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases , odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use , storage or disposal of chemicals, materials, processes, products or wastes. E . Nothing contained in this Section shall be deemed to permit or authorize any use or ac tivity which is otherwise prohibited by state law . (Ord. 17-2169, § 1 (part), 2017) 10.84.050 Enforcement, Remedies and Declaration of Public Nuisance. A . Enforcement: This Chapter shall be enforced in accordance with and consistent with the enforcement of public health and safety laws, pursuant to Chapter 10 of the Cupertino Municipal Code. B. Remedies: Violations of this Chapter are subject to administrative, civil, and criminal remedies available under state law and the Cupertino Municipal Code, which at the discretion of the City may be pursued concurrently, including without limitation the fines , penalties , abatement orders and other administrative and civil remedies provided under Chapter 1.10 and 1.12 of the Cupertino Municipal Code. Violations of this chapter are subject to criminal citations and prosecution under state law. Notwithstanding the penalties set forth above, no provision authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited under California Health and Safety Code Section 11362.5. In the event of any conflict between the penalties enumerated in this section of the Cupertino Municipal Code and any penalties set forth in state law , the maximum penalties allowable under state law shall govern. (Ord . 17-2169 , § 1 (part), 2017) 2018 S-64 10.84.050 Cupertino -Public Peace , Safety and Morals 46D ) 2018 S-64 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 (RHS) 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 Excluded 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 Marijuana 19.100 Accessory Buildings /Structures 19 .104 Signs 19.108 Beverage Container Redemption and Recycling Centers 19.112 Accessory Dwelling Units 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 Cupertino -Zoning 2 ) 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 vehicle as defined in Section 19.08 .030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate . Height restriction shall be established by establishing a line parallel to the natural grade. "Height", for purposes of the Accessory Buildings/Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. 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. "Hotel " means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used 2018 S-64 or intended to be used by temporary overnight occupants , whether on a transient or res idential occupancy basis, and whether or not eating facilities are available on the premises . Hotel includes motel , motor hotel, tourist court , or similar use , but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks , geese, rabbits , dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and/or raised for commercial purposes except where permitted with required permits . "Household type" means whether the occupants of the housing units are very low income, lower income , moderate income, or senior citizens . "Housing development" means for the purposes of Chapter 19 .56, Density Bonus, a development project for five or more residential units . For the purposes of that chapter, "housing development" also includes a subdivision or common interest development, approved by the City that 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 : "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. J . "J " Definitions : "Junkyard " means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and /or for the dismantling or wrecking of automobiles or other vehicles or machinery. 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; 19.08.030 Cupertino -Zoning 12 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, for the purposes of Chapter 19.112, accessory dwelling units in R-1 , RHS, A and A-1 Zones, the same as that set forth in California Government Code Section 65852 .2(i). "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 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 2018 S-64 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 lot fronts . "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot acquired, for access and street right-of-way purposes, in fee , easement or otherwise . "Lot coverage" means the following: 1. "Single-family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground-level paving, landscape features, lightwells, and open 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. "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. 13 Definitions 19.08.030 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. "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 . "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding , vibrating or stimulating the external parts of the 2018 S-64 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 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 . "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. "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 . 19.08.030 Cupertino -Zoning 14 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 activities, including golf, tennis, swimming , riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities . P. "P " Definitions: "Park " means any open space, reservation, playground, swimming pool, golf course , recreation center , or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area , delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility " means an area on a lot or within a building, or both , including one or more parking spaces , together with driveways, aisles , turning and maneuvering areas , clearances and similar features, and meeting the requirements established by this title . Parking facility includes parking lots, garages and parking structures. 2018 S-64 1. "Temporary parking facility " means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date . "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter . "Pennant" means any lightweight plastic , fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council , Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings , structures, land and /or uses . Permits may include but shall not be limited to Administrative Approvals , Two-story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "Person " means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity , or rehabilitative therapy for athletic injury . "Perspective drawing" means a rendering of a three-dimensional view depicting the height, width, depth , and position of a proposed structure in relation to surrounding properties and structures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. 15 Definitions 19.08.030 "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on-site utility networks as required by the City of Cupertino for a common interest development. "Projection" means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not linuted to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19 .116.070 . Qualified applicant includes an authorized agent. "Qualifying resident" for purposes of Chapter 19.56, Density Bonus, of this Code, means a senior citizen or other persons eligible to reside in a senior citizen housing development. R. "R" Definitions: "Recreational open space" means open space within a common interest development (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoymenl of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming 2018 S-64 pools, recreational buildings and landscaped areas may be included as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of Chapter 19.108, Beverage Container Redemption and Recycling Centers, recyclable materials do not include hazardous materials. "Recycling center" means a facility for the collection and/or processing of recyclable materials. Recycling center does not include storage containers or processing activity located on the premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. "Recycling center, Certified" or "Certified Processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile" means an automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials. A mobile recycling center may consist of an enclosed vehicle such as box cab or enclosed senu-trailer or an open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials. "Recycling facilities" may include the following: 1. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public . Such a facility does not use power-driven processing equipment except as indicated in Chapter 19.108, Beverage Container Redemption and Recycling Centers. Collection facilities may include the following: a. Reverse vending machine(s); b . Small collection facilities which occupy an area of not more than five hundred square feet, and may include: i. A mobile recycling unit, ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, iii. Kiosk type units and bulk vending machines, iv. Unattended containers placed for the donation of recyclable materials; c. Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures . 19.08.030 Cupertino -Zoning 16 2. "Processing facility " means a building or enclosed space use for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications, by such means as baling , briquetting , compacting , flattening, grinding , crushing, mechanical sorting , shredding, cleaning, and remanufacturing . Processing facility includes the following: a . A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day . Light processing facilities are limited to baling, briquetting , crushing, compacting, grinding , shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility . A light processing facility shall not shred , compact , or bale ferrous metals other than food and beverage containers . b. A heavy processing facility is any processing facility other than a light processing facility. "Religious institution " means a seminary , retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility . Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California , or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services , including incidental manufacturing of products or provisions of services to others . "Residential care facility " means a building or portion designed or used for the purpose of providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration , where the duration of tenancy is determined, in whole or in part , by the individual resident 's participation in group or individual activities such as counseling, recovery planning , medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.), community care facilities (H&SC Section 1500 et seq .), residential care facilities for the elderly (H&SC Section 1569 et seq .) or facilities for the mentally disordered or otherwise handicapped (W &I Code Section 5000 et seq.), alcoholism or drug abuse recovery or 2018 S-64 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, RlC, 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. "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 effectivel y 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. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen housing development, in accordance with State and federal law . 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. "Sidewalk site triangle " is a triangular shaped area described in Cupertino Standard Detail 7-6 . (See Appendix 2018 S-64 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 . 12 . "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility . 19.08.030 Cupertino -Zoning 18 13 . "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. 14. "Landmark sign" means an existing , legal non-conforming ground sign that has a distinctive architectural style . 15 . "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title . 16 . "Obsolete sign " means any sign that displays incorrect or misleading information , promotes products or services no longer available at that site or identifies departed occupants. 17 . "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 18. "On-site sign" means a sign directing attention to a business , commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. 19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election . 20 . "Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director . 21 . "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction , including the likes of the project name , de ve lopers , owners and operators, completion dates, availability and occupants . 22 . "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall . 23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale , lease or rent. 24. "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address numb er(s) of the site and, at the option of the property owner, the street name . 2018 S-64 26. "Temporary Sign" means any sign, display, banner or promotional de vice which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27 . "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable " 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 placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more , the area of each part may be computed separately. "Single family residence," for purposes of Chapter 19 .112 , shall mean only detached single family dwelling units that are not detached row-houses , duplexes, townhouses, or condominiums or properties that have a shared ownership interest in common open space or recreational areas. "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 ser vices, or grand openings. 19 Definitions 19.08.030 "Special Event Banner" means any temporary sign 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 m ental health services funded in whole or in part by the Mental Health Services Fund, as set forth in Go vernment Code Section 65915(p)(3)(C), as may be amended . "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means : 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3 . Fondling or other erotic touching of human genitals, pubic region , buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, 2016 S-59 railroad 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 artificially built up or composed of parts joined together in some definite manner . 1 . Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per Government Code Section 65582(f), as may be amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions : "Target population" (per CA Government Code 65582(g), as may be amended) means persons w ith 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 p erformance 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 titl e . 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 an y 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 ofright 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 line s. 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 y ard 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 pi ckup 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 de vice by which any person or property may be propelled, moved or drawn upon a public street , excepting a device moved exclusivel y 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 transportation of persons for hire , compensation, or profit or 2018 S-64 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 res idential 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 y ard 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 . 17-2170, § 1, 2017; Ord . 17-2169, § 2, 2017 ; Ord . 17-2165, § 2 , 2017; 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 , Exh . A (part), 1992) CHAPTER 19.98: MARIJUANA Section 19.98.010 Marijuana. 19.98.010 Marijuana. All commercial cannabis activities including marijuana cultivation, as defined in Chapter 10 .84, are prohibited uses in all zoning districts in the City of Cupertino, except to the extent permitted by state law and Chapter 10 .84 of the Cupertino Municipal Code . (Ord . 17-2169, § 3, 2017) 156A 2018 S-64 19.98.010 l56B Medical Marijuana ) 19.112.010 CHAPTER 19.112: ACCESSORY DWELLING UNITS 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 mmirnizes adverse impacts of accessory dwelling units on neighborhoods. (Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord . 1601, Exh. A (part), 1992) 19.112.020 Applicability of Regulations. Notwithstanding any provision of this title to the contrary, one accessory 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, and 2. Is permitted on a single-family lot within a zone for single family use if the accessory dwelling unit is proposed to be contained entirely within the existing space of a single family residence or an existing accessory structure, to create an accessory dwelling unit; and 3. 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. 17-2170, § 3, 2017; 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 Conversion of New Construction and/or Additions space entirely within existing Attached to Principal Detached from Principal structures Dwelling Unit Dwelling Unit A . Size of living space, exclusive of decks 1. Minimum size 150 s.f. 2 . Maximum size 10 % of the net lot area , up to a maximum of 1,000 s. f. , or 50 percent of the existing living space of the principal dwelling unit, whichever is more restrictive . B . Second-story accessory Allowed if the unit: 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 2018 S-64 19.112.030 Cupertino -Zoning 194 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Conversion of New Construction and/or Additions space entirely within existing Attached to Principal Dwelling Unit structures C. Parking 1. Parking for accessory None One additional off-street parking space shall be provided, dwelling unit 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 meet spaces when new the minimum off-street parking spaces for the app licable residential zoning accessory dwelling district in which it is located , as required in Chapter 19 .124. unit converts existing b. Replacement spaces may be located in any configuration on the same lot as covered, uncovered the accessory dwelling unit, including but not limited to covered spaces, or enclosed parking uncovered spaces, tandem spaces or by use of mechanical automobile spaces required for parking lifts . the principal dwelling C. Any replacement parking spaces provided must comply with the de velopment unit. regulations for the applicable zoning district in which it is located, Chapter 19 .1 24, 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 All access to accessory dwelling units shall be screened from a public street. street (Ord. 17-2170, § 4, 2018; Ord. 17 -2165, § 12, 2017; 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 Go vernment Code Section 65852.2. 2018 S-64 B. Accessory structures should be compatib le with the architectural style and materials of the principal structure. (Ord. 16-2159, § 8 (part), 2016) ) 43 Comprehensive Ordinance List Ord. No. Ord. No . 13-2109 Amends 14.04 .170 and 18.32 .390 14-2118 Amends 11.27 .020, 11.27 .050, regarding acceptance of pub lic 11. 27 .145 regarding designation of improvements (14 .04 , 18.32) preferential parking zones around the 13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza (11.27) encroachments and use of city rights-of-14 -2119 Rezoning certain land (Not Codified) way (14.08) 14-2120 Amends 11. 08 . 250 regarding 13-2111 Amends 14.12.120 regarding condition designated bicycle lanes ( 11. 08) for development or building permit 14-2121 Amends 10 .56.020, 10.90 .010, (14.12) 10.90.020, 10 .90.040, and 10.90.050, 13-2112 Rezoning certain land (Not Codified) regarding outdoor smoking (10.56, 13-2113 Rezoning certain land (Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9 .17 .130 regarding single-use between city and Apple, Inc.; repeals carryout bags (9 . 17) Ord. 1702 (Special) 14-2123 Adds 2 .08.145 regarding City Council 13-2115 Amending Ch . 16; adding Ch. 16.02, review (2 .08) Administrative Code (Repealed by Ord. 14-2124 Rezoning certain land (Not Codified) 16-2155); repealing and replacing Ch. 14-2125 Adding Ch . 13 .08 , park land 16.04, Building Code (Repealed by dedication, amending Ch. 18.24, Ord. 16-2155; repealing and replacing dedications and reservations, Ch . Ch. 16.06, Residential Code (Repealed 19.08, definitions, Ch . 19.12, by Ord. 16-2155); repealing and Administration, Ch . 19 .20 , permitted, replacing Ch . 16 .12, Soils and conditional, and excluded uses in Foundations -Subdivisions ; repealing agricultural and residential zones, Ch . and replacing Ch . 16.16, Electrical 19 .56, density bonus (Repealed by Code (Repealed by Ord. 16-2155); Ord. 16-2149), Ch . 19.76, Public repealing and replacing Ch. 16 .20, Buildings (BA), Quasi -Building (BQ) Plumbing Code (Repealed by Ord. and Transportation (T) zones, Ch . 16-2155); repealing and replacing Ch . 19 .80, Planned Development (P) 16.24, Mechanical Code (Repealed by zones , Ch . 19 .84, Permitted, Ord. 16-2155); repealing Ch. 16.32, conditional and excluded uses in Open Swimming Pools; amends 16 .36 .010, Space, Park and Recreation and 16.36.020, 16.36.030 , 16 .36.040, Private Recreation zoning districts, 16 .36 .050, 16.36.070, 16.36 .120 Ch . 19.144, development agreements, regarding relocation of buildings; adding Ch . 19 .172, be low market rate repealing 16 .36 .130 regarding housing program (13.08, 18 .24, 19 .08, violations-penalty for moving buildings; 19 .12, 19 .20, 19 .56, 19.76, 19.80 , repealing and replacing Ch. 16.40, Fire 19.84, 19 .144, 19 .172) Code (Repealed by Ord . 16-2155); 14-2126 Amends Ch . 14.18 regarding tree amends 16.54 .010 regarding adoption of removal (14.18) Energy Co de; amends 16 .58.010, 15-2127 Amends 2 .36.030, 2 .36 .0070 , 16.58.015, 16.58 .040, 16.58.100 2.36 .080 and 2.36.090 regarding the regarding the Green Building Standards City Park and Recreation Commission Code (16 .02, 16 .04, 16 .06, 16 .12, (2.36) 16 .16, 16 .20, 16.24, 16.32, 16.36, 15-2128 Amends 11.32.010 and adds 11.32 .055 16.40, 16.54, 16 .58) regarding truck access to streets in 14-2116 Adds 9.15.100, 9 .15 .110, 9.15.120, school zones (11.32) 9 .15.130, 9.14 .140, prohibiting use of 15-2129 Amends Ch. 2.40, Disaster Council polystyrene foam disposable food (2 .40) service ware (9 .15) 15-2130 Amends Ch. 6 .24, Garbage, Non- 14 -2117 Adds 16.58.400 and 16 .58.420 to Ch . Organic Recycling and Organic Waste 16 .58, Green Building Standards Code ; Recycling Collection and Disposal; amends 1.08.010, 1.08.020, 1.08.030 amends Ch . 9.16, Solid Waste , regarding right of entry for inspection Non-Organic Recycling and Recycling (16 .58, 1.08) Areas (6.24, 9.16) 2016 S-59 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 2018 S-64 Cupertino -Comprehensive Ordinance List 44 Amends Ch . 15 .32 , Water Conserv ation (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. 3 2) 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) (Ch . 19 .98 repealed by Ord . 17-2169) 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 completion 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 of payday lending and check cashing businesses pending completion of an update to the zoning code (Not Codified) 45 Ord . No. 16-2157 16-2158 16-2159 16-2160 17-2161 17-2162 17-2163 17-2164 17-2165 2018 S-64 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 deliv eries pending completion of an update to the zoning code (Not Codified) Amends §§ 11.08 .160 and 11 .08.180 regarding restrictions on bicycles (11 .08) Amends Table 19 .12 .030 , §§ 19 .12 .080, 19 .12.090 , 19.12 .110 , Tables 19.20.020, 19 .28.040 , and § 19 .28 .050 regarding zoning administration , permitted and conditional uses , and single story overlay district process (19.12 , 19 .20, 19 .28 ) Amends 11 .27 .145 regarding preferential parking zones (11.27) Amends§§ 16.72 .010 through 16 . 72 . 070 regarding recycling and diversion of construction and demolition waste (16.72) Amends§§ 9 .22 .010 through 9.22.050, 19.08.030, 19 .12 .030 , 19 .12 .080, 19.12 .100 , 19.12 .110 , 19 .24 .050 , 19 .28.070 , 19 .36.070 , Tables 19.40.050, 19.40 .060 , 19 .60 .030 , and 19 .64 .020 , and 19.112 .030 , and §§ 19.116 .030 through 19 .116 .060 regarding property maintenance, administration, accessory dwelling units, definitions, agricultural and agricultural -residential zones, multiple-family residential zones, residential hillside zones, general commercial zones, permitted, conditional and excluded uses , and conve rsions of apartment proj ects to common interest developments (9 .22 , 19 .08, 19 .12 , 19 .24 , 19 .28, 19 .36 , 19.40 , 19 .60, 19 .64 , 19 .112 , 19 .116) Ord. No . 17-2166 17-2167 17-2168 17-2169 17-2170 Amendments to zoning map change (Not Codified) An interim urgenc y ordinance extending Ordinance 16-2153 and 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 zoning code (Not Codified) Add Ch. 14 .02, Transportation Impact Fee Program (14 .02) Adds Ch . 10 .84 , amends§ 19 .08.030 , and repeals and replaces Ch . 19 .98 , regarding medicinal and adult use of marijuana (10 .84 , 19.08, 19 .98) Amends §§ 19 .08 .030 and 19 .112 .020 , title of Ch . 19 .112 , and Table 19 .112 .030, regarding accessory dwelling units in R-1, RHS and A-1 zones (19.08, 19 .11 2) 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 ADULT USE OF MARIJUANA Commercial marijuana activities 10 .84 .030 Definitions 10.84.020 Enforcement, remedies and declaration of public nuisance 10 . 84 . 050 Possession, delivery, distribution, and indoor cultivation of marijuana 10 .84 .040 Purpose 10.84 .010 2018 S-64 INDEX 3 ADVERTISEMENT Commercial advertising 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 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 Cupertino -Index 4 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 LIQU OR AMUSEMENT CENTER Business license ANIMAL See also BUSINESS LICENSE fee 5.04 .300 Abandoned 8.01.080 Abuse 8.01.120 Adoption 8.02.100 Animal control officer authority 8.01.100 inspection 8 .01.110 8,tl<1_rge_ 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 2018 S-64 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 license Hearing 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 after seizure 8. 02. 050 appeal 8.02 .080 before seizure 8 .02 .070 failure ro ap-peal-8 . 02. 090 Horse barns, shelters, pens location requirements 8 . 11. 040 structural requirements 8.11.050 event, amateur generally 8 .11. 020 restrictions 8 .11. 060 land area requirements 8.11.030 permit See also permit application appeal 8.11.130 contents 8. 11. 110 issuance 8. 11. 100 modification, revocation 8.11.120 permit application contents 8. 11. 070 health officer review 8. 11. 080 notice 8. 11. 090 pet, kept as 8.11.010 violation , penalty 8 .11 .140 4A Immunization , va ccination 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 Sale See Abuse age requirement 8 .09 .010 immunizat ion 8 .09.020 returned animal 8.09 .030 vio lation, penalty 8 .09.040 Traps prohibited 8.01.160 Vehicles 8 .01.140 Zoning, land use not regulated 8 .01 . 020 APARTMENT Business license APPEAL See also BUSINESS LICENSE tax 5 .04 .320 See also Specific Subject Administrative definitions 1.16.010 procedure 1.16.020 Sewers, health officer decisions 15. 20. 190 Water rates , charges 15 .04 .050 Zoning regulations, decisions See ZONING 2018 S-64 Index Cupertino -Index 4B 16A HORSE See ANIMAL HOTEL Business license tax rate 5 .04.390 HOUSING ADVISORY, APPEALS BOARD Created, appointment, powers , duties generally 16.56.020 HOUSING CODE Adopted 16.56 .010 Appeals 16.56.020 Violation, penalty 16 .56.030 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2. 86. 050 Compensation 2 .86.070 Effect of provisions 2 .86 .130 Established, composition 2 .86 .010 Meetings See also Procedural rules regulations generally 2 .86.060 voting, requirements 2 .86 .080 Members See also Specific Subject selection, qualifications, residency 2.86.020 Power, duties, responsibilities generally 2.86.100 Procedural rules 2.86.120 Recordkeeping, re quirements 2 .86.090 Staff assistance 2. 86 . 110 Term of office 2 .86.030 Vacancy , filling 2.86 .040 --I -- IMPROVEMENTS , STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1.08.020 Notification of rights 1.08 .030 Warrant required 1.08 .010 --J -- JUNKYARD Business license 2018 S-64 See also BUSINESS LICENSE fee 5 .04 .350 Index --K -- KENNEL See ANIMAL --L -- LAND DEVELOPMENT PLANNING See also ZONING Specific plans applicability 20. 04 . 020 contents 20 .04 .050 fees 20 .04 .060 preparation, adoption, amendment, repeal 20.04 .030 purpose 20 .04 .010 zoning district designation 20 . 04 . 040 LANDSCAPING Applicability 14 .15. 020 Audit of existing landscapes larger than one acre 14.15 .150 Definitions 14 .15 .030 Graywater systems 14.15 .100 Intent 14.15.010 Irrigation schedule 14. 15 . 110 Landscape and irrigation maintenance schedule 14 .15.120 Landscape documentation package 14 .15.050 Landscape and irrigation installation report 14.15.130 Landscape maintenance agreement 14 . 15. 140 Local agency reporting 14 .15.170 Cupertino -Index l6B 17 Penalties 14 .15.180 Prescriptive compliance option, 14.15 .040 Public education 14.15 .160 Recycled water 14.15 .090 Soil analysis 14 .15 .080 Water budget calculation 14 .15 . 070 Water-efficient design element 14 .15 . 060 LIBRARY COMMISSION Compensation 2 .68 .050 Duties, powers, responsibilities 2 .68.070 Effect 2 . 68. 080 Established 2 .68. 010 Meetings, quorum 2 .68.040 Records 2.68.060 Term of office 2 .68.020 Vacancy, removal 2 .68 .030 LICENSE See also PERMIT Bicycle 11.08 .020 Bingo 5 .32 .190 , 5 .32.270 Bu siness 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, penalty 10 .49 . 020 LOADING ZONES See PARKING --M -- MANAGER, CITY Abandoned, inoperative vehicle enforcement 11. 04. 040 removal authority 11. 04. 061 storage no tice 11. 04.130 2018 S-64 Index Animal control administrative authority 8.01. 040 seizure hearing 8 . 06. 040 Approved street tree enforcement 14.16 .080 Bicycle enforcement 11 .08 .030 lanes designation 11. 08. 250 license issuance 11. 08 . 040 Bingo license ap plicant 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 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 19 .98 .010 Cupertino -Index 18 MARIJUANA, MEDICINAL AND ADULT USE OF Commercial marijuana activities 10 . 84 . 030 Definitions 10.84 .020 Enforcement, remedies and declaratio n of public nuisance 10 .84.050 Possession , delivery, distribution, and indoor cultivation of marijuana 10 . 84. 040 Purpose 10.84 .010 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 Licens{:, perrrpt , Permit required 09. 06 . 041 Operating requirements 9. 06 . 193 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 app lic ation 9 .06 .180 criteria 9. 06 .190 Prohibited acts 9.06 .198 Purpose of provisions 9 .06 .010 Sanitary conditions 9 .06 .196 Violation 2018 S-64 continuing 9. 06 . 260 altern ati ve remedies 9 .06 .260 penalty 9.06.250 public nuisance 9 .06 .240 MAYOR Board of appeals appointment 16.02 .280 Di sas ter council chairman 2.40.030 Emplo ye es' retirement system execution 2.56 .020 MECHANICAL CODE Adopted 16 .24 .010 Adoption of appendix chapters 16 .24.015 Name insertion 16 .24.020 MEDICINAL MARIJUANA Commercial marijuana activities 10.84.030 Definitions 10 . 84 . 020 Enforcement, remedies and declaration of public nuisance 10.84 .050 Possession, delivery, distribution, and indoor cultivation of marijuana 10 .84 .040 Purpose 10 .84 .010 MINIMUM WAGE Application of minimum wage to welfare-to-work programs 3 .37 .110 Authority 3 .37.020 Definitions 3. 3 7 . 030 Enforcement 3 . 3 7. 090 Fees 3.37 .120 Implementation 3 .37 .080 Minimilm wage 3 .37 .040 Notice, posting and payroll records 3 .3 7 .060 Relationship to other requirements -3. 3 7 .100 Retaliation prohibited 3. 37 .070 Title 3.37 .010 Waiver through collective bargaining 3 .37.050 MINOR See BINGO CURFEW MOBILE VENDORS See VENDORS , MOBILE MOSQUITOES Abatement by city when 9 .16 .080 cost See also Lien payment by owner 9 .16.090 notice contents 9.16.050 when 9 .16 .040 Breeding places declared nuisance 9 .16 .020 19 Enforcement authority 9.16.030 Findings, intent 9 .16.010 Health officer defined 9 .16 .150 Hearing 9.16.060 Lien exemption 9.16 .140 foreclosure 9 .16.120 generally 9.16.100 recordation, priority 9 .16 .110 satisfaction from sale proceeds 9 .16 .130 Recurrence of nuisance 9.16.070 MOTEL Business license See also BUSINESS LICENSE fee 5.04 .390 MOTOR COURT Business license tax rate 5.04 .390 MOVING BUILDINGS See BUILDING --N -- NEWSPAPER See ADVERTISEMENT NEWSRACKS Administration See Committee Amortization 10 .21.120 Appeals 10.21.100 Applicability of provisions 10 .21.030 Committee 10 .21.060 Definitions 10 .21.020 Design standards 10 .21.040 Display of certain materials prohibited 10.21 .050 Maintenance 10 .21.070 Permit, insurance requirements 10.21.080 Purpose of provisions 10 .21.010 Violation abatement 10 .21.090 penalty 10.21.110 NOISE CONTROL Administration 10.48.020 Animals, birds 10.48 .061 Brief daytime incidents 10.48.050 City department duties 10.48.023 Definitions 10.48 .010 Deliveries, pickups, nighttime 10.48.062 2018 S-64 Index Disturbance prohibited 10. 48 . 060 Emergency exception 10.48.030 Exceptions appeal 10.48 .032 emergency 10.48.030 homeowner construction work 10.48.029 special, granting 10 .48. 031 Grading, construction , demolition 10.48 .053 Home maintenance activities 10.48 .051 Maximum levels 10.48.040 Motor vehicle faulty muffler system 10.48.056 idling 10.48 .055 Multiple-family dwelling unit, interior noise 10.48.054 Multiple section applicability 10.48 .013 Officer See NOISE CONTROL OFFICER Other remedies 10.48.014 Outdoor public events 10.48 .055 Recreational vehicles 10 .48. 057 Violation notice 10.48 .011 penalty 10.48 .070 NOISE CONTROL OFFICER Administrative duty 10.48.020 Defined 10.48 .010 Duties 10 .48 . 022 Exception granting authority 10 .48. 031 Noise abatement order 10.48.011 Powers 10.48.021 NUISANCE Abandoned , wrecked, inoperative vehicle 11 .04 .010 Abatement See NUISANCE ABATEMENT Animal 8 .08 .150 Code chapters designated 1.09 .180 Graffiti 10 .60.020 Marijuana , use of 10.84 .050 Nighttime delivery to commercial establishment 10 .48 . 062 Penalty 1.12 .030 Property maintenance See PROPERTY MAINTENANCE Sewer wells, cesspools, seepage pits 15.20 .120 Sign, illegal 19 .104 .330 Weeds 9.08.020 Zoning provisions , noncompliance 1. 09 . 170 Cupertino -Index 20 NUISANCE ABATEMENT Civil action permitted 1. 09 .100 Cost recovery 1. 09 . 090 Declaration of nuisance 1. 09. 040 Definitions 1. 09. 030 Hearing council action 1.09.070 notice form 1.09.050 service, posting 1. 09. 060 Purpose of provisions 1. 09. 020 Short title, statutory authority 1.09.010 Violation, penalty 1.09 .160 --0 -- OFF-STREET VEHICLES Appeal from permit denial 11.10 .015 Exemptions 11.10.013 Operation parent, guardian responsibility 11.10 .014 permit requirements 11.10 .012 Purpose of provisions 11.10.010 Vehicle defined 11. 10 .011 Violation, penalty 11.10.016 ORDINANCE See also RESOLUTION ~lerk record k~eping 2.20.030 Defined 1.04.010 Passage effective date 2.12.050 time, reading 2.12 .020 vote required 2 .12 .040 Publication 2.12.010 Real property description requirements 2 .12 .060 --p -- PACIFIC GAS AND ELECTRIC COMPANY See FRANCHISE PARADES AND ATHLETIC EVENTS Administration, authority designated 10. 44 . 030 City costs, reimbursement 10 .44 .075 Definitions 10.44.020 Indemnification requirements 10. 44. 055 Liability insurance required 10.44 .056 Obstruction, interference prohibited 10.44.130 2018 S-64 Permit appeal 10 .44. 140 application contents 10.44.050 criteria 10.44.100 decision, notice 10 .44 .100 fee 10.44.070 filing period 10 .44 . 060 contents 10 .44 .110 required 10 .44. 040 revocation 10.44.150 suspension, emergency 10.44 .160 Purpose of provisions 10.44.010 Route, site, cordoning 10.44.120 Violation, penalty 10.44.180 PARK AND RECREATION COMMISSION See also DEPARTMENT ORGANIZATION PARKS, CITY Chairman 2 .36.040 Effect of provisions 2 . 36.110 Established 2 .36.010 Majority vote required when 2 .36 .060 Meetings 2.36.050 Members terms 2.36 .020 vacancy, removal 2.36.030 Powers, functions 2 .36 .080 Procedural rules 2.36.090 -Record required 2 .36 .070 PARKING Camp car, mobilehome, prohibited where 11. 28 . 020 City property definitions 11 .31.010 parking defined 11.31.010 prohibited 11. 31 . 020 unlawful 11.31. 030 violation, penalty 11. 31. 040 Commercial vehicle weight limit 11. 28. 030 Construction, repair, greasing of vehicle, prohibited where 11.28.040 Curb markings, signs designated, meaning 11.24.040 obedience required 11.24.050 private street See Private street Definitions 11.24 .030, 11 .28 .010 Diagonal private street