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2017 S-63 Supplement CUPERTINO, CALIFORNIA Instruction Sheet 2017 S-63 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 1, 2 1 through 2B COMPREHENSIVE ORDINANCE LIST 45, 46 45, 46 INDEX 33, 34 33 through 34B rmh 10/17 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-63 Supplement contains: Local legislation current through Ordinance 17-2168, passed 10-3-2017 COPYRIGHT ° 2017 AMERICAN LEGAL PUBLISHING CORPORATION TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING Chapter 14.02 Transportation Impact Fee Program 14.04 Street Improvements 14.05 Park Maintenance Fee 14.08 Encroachments and Use of City Rights-of-Way 14.12 Trees 14.15 Landscape Ordinance 14.18 Protected Trees 14.20 Underground Utilities-Conversions 14.24 Underground Utilities-New Developments 1 2017S-63 Cupertino - Streets, Sidewalks and Landscaping 2 i i I 14.02.010 CHAPTER 14.02: TRANSPORTATION IMPACT FEE PROGRAM Section 14.02.010 Purpose. D. "TIP Nexus Study" means the most current 14.02.020 Definitions. Technical Report prepared pursuant to California 14.02.030 Authority. Government Code, §66000 et seq., the Mitigation Fee Act, 14.02.040 Applicability. to support the adopted TIF. (Ord. 17-2168, 2017) 14.02.050 Transportation Impact Fee Program, 14.02.060 Exemptions, 14.02.030 Authority. 14.02.070 Fee credits. A. This chapter is enacted pursuant to the Mitigation 14.02.080 Disposition of TIF program revenue Fee Act, California Government Code § 66000 et seq. and TIF Capital Project construction. B. The Director of Public Works, or his/her designee, is authorized to levy and collect the TIF and make all determinations required by this chapter. (Ord. 17-2168, 14.02.010 Purpose. 2017) The City recognizes that new development, additions to existing structures or change in use within the City will 14.02.040 Applicability. create additional demand on the City's existing Except as otherwise expressly provided by this chapter, transportation infrastructure and identifies the the TIF required hereunder shall be payable prior to building implementation of a Transportation Impact Fee (TIF) permit issuance, for all new development, additions to Program as a mitigation measure, The purpose of the TIF existing structures, changes in land use within the city for Program is to generate revenue that the City can use as a which building permits or other entitlements are required, funding source for the costs of the transportation consistent with the authority provided under this chapter. improvements required to serve new development. (Ord. Any increase in square footage and/or change in land 17-2168, 2017) use or development type shall pay the established applicable fee rate on the new use based on the net increase. (Ord. 14.02.020 Definitions. 17-2168, 2017) Unless otherwise defined in this section,all terms used in this Chapter shall be as defined as in Chapter 19.08, 14.02.050 Transportation Impact Fee Program. Definitions. A. Establishment of fee:The amount of the TIF shall A. "Transportation Impact Fee" or "TIF" means the be established by land use type and shall be adopted by fee established pursuant to this chapter. Impact fees are separate resolution of the City Council, as amended from one-time charges on new development, additions to existing time to time. structures, change in use, or similar construction activity B. The TIF amount shall be automatically adjusted that requires a building permit, collected and used by the on an annual basis at the begriming of each fiscal year(July City to cover the cost of capital facilities and infrastructure 1) based on the Cupertino Construction Cost index. The that are required to serve new growth. Cupertino Construction Cost index is developed based upon B, "Transportation Impact Fee Program" or "TIF Construction Cost Index (CCI) cost indices for San Program" means the impact fee established by this chapter Francisco produced by Engineering News Record (ENR) and the process and programmatic steps for appropriating and reported on the ENR website. Cupertino's CCI is and applying TIF funds for the purposes intended, calculated by taking the average percent change(%CHG)of C. "TIF Capital Project" means any one of the list of each month from the prior year (January through projects identified in the "TIF Nexus Study" to be funded December). through the TIF Program required to mitigate new growth. 2A 2017S-63 14.02.050 Cupertino- Streets, Sidewalks and Landscaping 2B i C. TIF capital projects may be modified to provide for the use of additional federal, state and local funds; to account for unexpected revenues,whether greater or lesser; to modify, add, or delete a project from the TIF Program, consistent with the Mitigation Fee Act; to maintain consistency with the City's General Plan; or to take into consideration unforeseen circumstances, including, without limitation, circumstances that may come to light as a result of subsequent CEQA environmental review. (Ord. 17-2168, 2017) 14.02.060 Exemptions. The following shall be exempt from the TIF Program fee: A. The rehabilitation, reconstruction and/or expansion of any legal, residential unit and/or the replacement of a previously existing legal dwelling unit that does not cause the addition of vehicular trips as defined by the Institute of Traffic Engineers. B. The rehabilitation and/or reconstruction of non-residential unit where there is no net increase in square footage and/or change in development type/land use (e,g. office to retail). C. Residential accessory buildings as defined in Chapter 19.08 of the Cupertino Municipal Code. D. Cupertino public facilities, including but not limited to, buildings, structures and outdoor recreational areas. (Ord, 17-2168, 2017) 14.02.070 Fee Credit. A. A fee credit may be granted to developers who fund and construct TIF capital projects, subject to review and approval by the Director of Public Works. The fee credit may not exceed the most current cost estimate of the TIF capital project (as defined by annual cost review or other recent evaluation of cost)regardless of the actual cost to construct or the actual costs of construction of the TIF Capital Project. (Ord. 17-2168, 2017) 14.02.080 Disposition of TIF Program Revenue and TIF Capital Project Construction. All fees collected hereunder shall be deposited in a TIF Account/Fund. The TIF Fund and any interest income earned shall be used exclusively to finance TIF capital projects and pay for incidental administrative and programmatic costs. (Ord. 17-2168, 2017) 1 2017S-63 45 Comprehensive Ordinance List Ord. No. Ord. No. 16-2157 Amends § 19.08.030 regarding 17-2166 Amendments to zoning map change definitions, (19.08) (Not Codified) 16-2158 Amends Ch. 8.07 and Table 19,20.020 17-2167 An interim urgency ordinance regarding beekeeping (8.07, 19.20) extending Ordinance 16-2153 and a 16-2159 Amends §§ 19.08.030, Table temporary moratorium on non-medical 19.20.020, 19.24.040, 19.52.020, and marijuana dispensaries, marijuana Ch. 19.112 regarding accessory cultivation and cultivation facilities, dwelling units (19.20, 19.24, 19.52 and commercial cannabis activities and 19.112) marijuana transport and deliveries 16-2160 An interim urgency ordinance pending completion of an update to the establishing a temporary moratorium on zoning code(Not Codified) non-medical marijuana dispensaries, 17-2168 Adding Ch, 14.02, Transportation marijuana cultivation and cultivation Impact Fee Program(14.02) facilities, commercial cannabis activities and marijuana transport and deliveries pending completion of an update to the zoning code (Not Codified) 17-2161 Amends §§ 11.08.160 and 11.08.180 regarding restrictions on bicycles (11.08) 17-2162 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) 17-2163 Amends 11.27.145 regarding preferential parking zones (11,27) 17-2164 Amends §§ 16.72.010 through 16.72.070 regarding recycling and diversion of construction and demolition waste(16.72) 17-2165 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 conversions of apartment projects 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) 2017S-63 Cupertino- Comprehensive Ordinance List 46 33 Index Records 3.35.140 Road bumps Refunds 3.35.150 administrative authority designated 11,34.020 Remedies cumulative 3.35,220 defined 11.34.010 Short title 3.35.010 installation where, criteria 11.34.030 Substantial nexus /minimum contacts 3.35.070 Road construction, traffic regulations 11,36.070 Telecommunication users' tax 3.35,050 Speed bumps See Road bumps THEATER Speed limits Business license authority, declaration 11,12.020 See also BUSINESS LICENSE established 11.12,030 fee 5.04.440 purpose of provisions 11.12.010 Smoking signing 11,12.040 See SMOKING Stop intersection all directional, designated, required action TOBACCO VENDING MACHINE 11,20.030 See CIGARETTE, TOBACCO VENDING designated, required action 11.20.020 See MACHINES purpose of provisions 11.20.010 signing 11.20.040 TRACTOR Stopping, standing Sales, repair, service, business license See PARKING See also BUSINESS LICENSE Truck routes fee 5.04.540 compliance required 11,32.030 established 11.32,020 TRAFFIC pickups, deliveries, exceptions 11,32.070 Cruising school zones—prohibited vehicles 11.32.055 definitions 11.30.010 truck defined 11.32.010 exemptions 11.30.020 unrestricted highways designated 11,32.050 prohibited 11.30.030 use regulations generally 11.32,060 violation, penalty 11,30.040 vehicle types excepted 11.32.080 Curb opening closure vehicle weighing authority 11.32.040 authority 11.36.030 violation, penalty 11.32,090 hearing appeal 11.36.060 TRAFFIC ENGINEER authorized 11.36.050 Bicycle lane sign erection 11,08.260 notice contents 11.36.040 Parking provisions nonexclusive 11,36.020 curb marking, sign authority 11,26.040 purpose, definitions. 11.36.010 handicapped parking space approval 11.26.100 Diverters 14.04.125 loading space establishment authority Downtown area 11.26.070 See Cruising space marking authority 11.26.060 Driveway opening See Curb opening closure TRANSIENT OCCUPANCY TAX Engineer Collection action 3.12.130 See TRAFFIC ENGINEER Definitions 3.12.020 Intersections, blocking prohibited 11.24.240 Failure to collect and report Loading zones appeal 3.12.100 See Parking determination 3.12.090 Median closure Imposition 3.t2.030 See Curb opening closure Operator duty 3.12,050 Parking Penalty, interest 3,12.080 See PARKING Records retention, access 3.12.110 Refund condition 3.12.120 2016S-59 Cupertino-Index 34 Registration 3.12.060 removal Reporting, remitting 3.12.070 application 14.18.110 Short title 3.12.010 approval authority 14.18.110 Violation, penalty 3.12.140 notice and posting 14.18.130 notice of action 14.18.190 TRANSPORTATION IMPACT FEE PROGRAM appeal 14.18.190 Applicability 14.02.040 protection plan before granting permit Authority 14.02,030 14.18.210 Definitions 14.02.020 retroactive permit 14.19,170 Disposition of TIF program revenue and TIF review 14.18.180 capital project construction 14,02.080 retention promoted 14.18.040 Exemptions 14.02.060 Tree Management Plan 14.18.140 Fee credits 14.02.070 tree replacement 14.18.160 Purpose 14.02.010 Street tree regulations Transportation Impact Fee Program 14.02.050 appeals 14.12.170 building permit requirements TRAPS condition of issuance 14.12.120 See ANIMAL definitions 14.12.020 enforcement 14.12.040 TREASURER, CITY financial hardship and lien procedure Conflict of interest 2.64.020 14.12.160 Franchise pipeline inspection 6.04.050 master street tree list 14.12.050 Investment authority 2.24.050 nuisance conditions 14.12.110 Monthly statements required 2.24.030 penalty 14.12,150 Oath of office, bond 2.24.040 planting specifications 14.12.060 Payment, procedure 2.24.020 prohibited acts 14.12.080 Responsibility for city moneys 2.24.010 public tree management 14.12.070 purpose of provisions 14.12.010 TREASURER, COUNTY removal Assessment collection responsibility 3.16.010 permit, notice 14.12.090 public utilities 14.12.090 TREE replacement 14.12.100 See STREETS AND SIDEWALKS remedies 14.12.140 TREES responsibility 14.12.030 schedules TREES new street tree costs and public tree Protected Trees damage or removal fee 14.12.130 action by Director 14.18.120 violation, penalty 14.12.140 actions prohibited 14.18.030 definitions 14.18.020 TRESPASSING exemptions 14.18.150 Shopping center heritage tree designation 14.18.070 defined 10.56.010 heritage tree identification tag 14.18,090 enforcement powers not affected 10.56.050 heritage tree list 14,18.080 exception 10.56.030 penalty 14.18,220 unlawful actions 10.56.020 plan of protection 14.18.060 violation, penalty 10.56.070 protected trees 14.18,050 protection during construction 14.18.200 purpose of provisions 14.18,010 recordation 14.18.100 2017S-63 34A Index U UNDERGROUND UTILITIES Conversions city responsibility 14,20.100 company responsibility 14.20.080 exceptions designated 14.20.060 when 14.20.050 notice required 14.20.070 property owner responsibility 14.20.090 public hearing 14.20.020 time extension when 14.20.110 unlawful acts 14.20.040 violation, penalty 14.20.120 District designation 14.20.030 New developments definitions 14.24.020 2017S-63 Cupertino-Index 34B