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2018 S-66 SupplementAJK 5 /18 CUPERTINO, CALIFORNIA Instruction Sheet 2018 S-66 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 37, 38 167, 168 45, 46 9, 10 37, 38 TITLE 19: ZONING 167, 168 COMPREHENSIVE ORDINANCE LIST 45, 46 INDEX 9, 10 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-66 Supplement contains: Local legislation current through Ordinance 18-2173, passed 4-17-2018 I COPYRIGHT © 2018 AMERICAN LEGAL PUBLISHING CORPORATION 2.48.010 CHAPTER 2.48: DEPARTMENTAL ORGANIZATION Section 2.48.010 Purpose . 2.48.020 Departments and divisions. 2.48.030 Authority of City Manager. 2.48.040 Authority of Director of Public Works and City Engineer to approve plans and designs. 2.48.010 Purpose. The purpose of this chapter is to provide for a more efficient organizational structure for the City, to designate its departments and divisions, and to describe their functions. (Ord. 484, § 1, 1971) 2.48.020 Departments and Divisions. The following departments are established: A . Department of Administrative Services. 1. This department shall consist of the following divisions: a. City Clerk Division . This division shall be charged with the duties and responsibilities of a City Clerk as set forth by State statute and Chapter 2.20 of the Municipal Code . b. Finance Division . This division shall be responsible for the day-to-day processing of fiscal records, the preparation of financial statements and the annual operating budget, the compilation of fiscal data from which a capital improvements budget may be constructed, and the preparation of other statistical and fiscal analysis. c . Human Resources Division. This division shall be responsible for code enforcement, personnel, disaster preparedness, risk management and special projects. 2. The Director of Administrative Services shall be head of this department, with the City Clerk being responsible for the activities within the City Clerk Division, the Finance Officer being responsible for the activities within the Finance Division, and the Personnel Officer being responsible for activities within the Human Services Division . 3. The Director of Administrative Services also shall be appointed Treasurer and also shall act as ex officio Assessor and shall assess and collect all City taxes save and except for those collected by State and County officers for the City . B. 1. divisions : 2018 S-66 Department of Community Development. This department shall have the follo wing 37 a. Planning Division. This division shall be responsible for current and long-range planning, the development and maintenance of the general plan and specific plans, and the processing of applications for planned development permits, use permits, variances, and changes of zoning, and the sign ordinance. b. Building Division. This division shall be responsible for the enforcement of the building codes , the sign ordinance and other similar regulatory ordinances. 2 . The Director of Community Development shall be the head of this department , with the Building Official being responsible for activities within the Building Division. C. Department of Public Works . 1. This department shall have the following divisions: a. Administrative Division. This division shall be responsible for providing general administration for the Department of Public Works, including general oversight and management of the municipal water system lease. b. Development Services Division. This division shall be responsible for all coordination of reviews for private development applications as well as permitting for encroachments into the public right of way. c. Streets Division. This division shall be responsible for the maintenance of all streets, storm drains , street lights, sidewalks, curbs, gutters, easements and medians. d . Facilities and Fleet Division . This division shall be responsible for all buildings, and the maintenance of the city's vehicle and equipment fleet. e. Grounds Division. This division shall be responsible for the maintenance of all park sites, leased school sites and grounds around other City owned properties . f. Trees and Right of Way Division . This division shall be responsible for public trees, street medians, and other landscaped areas within the public right of way. g . Transportation Division. This division shall be responsible for the planning and design of transportation facilities, oversight of the Safe Routes to Schools Program, and the operation and maintenance of the city's traffic signals. 2 .48.020 Cupertino -Administr ation and Personnel 38 h . En viromnental Programs Division. This di vision shall be responsible for the garbage and rec ycling franchised hauler contract and prov ides garbage and recycling customer service for residents and business owners, as well as overseeing compliance with the state stormwater permit. i . Capital Improvement Program (CIP) Division. This division shall be responsible for the design and construction administration for all capital improvement projects inc luding streets, storm drainage, buildings, parks , and other public facilities. 2 . The Director of Public Works shall be the head of this department. D . Department of Parks and Recreation . 1. This department shall be responsible for: a . All recreational programs and services sponsored by the City; b . Management of all recreation facilities including Quinlan Community Center, Sports Center, Senior Center , and Monta Vista Recreation Center; c. Operation and management of Blackberry Farm golf course and picnic grounds; d. Planning and development of existing and future park sites . 2. The Director of Parks and Recreation shall be the head of this department. E . Department of Public Safety . 1. This department shall be responsible for law enforcement and fire protection services . However, since these services are presently contracted for or provided by a speciai district, this departmeni shali not be implemented, and the Director of Public Safety shall not be appointed, until the City Council, by appropriate ordinance, resolution , or other action, determines to administer its own law enforcement and/or fire protection services . 2. The Director of Public Safety shall be the head of this department. He shall also be appointed Chief of Police and Fire Chief. (Ord . 18-2173, 2018; Ord. 2056, (part), 2010; Ord . 1697, (part), 1995; Ord. 1678, 1995; Ord. 1623, 1993; Ord. 1480, 1989: Ord . 1065 , 1980; Ord . 484 , § 2, 1971) 2.48.030 Authority of City Manager. All department heads, without limitation, shall be appointed by, and responsible to, the City Manager . The City Manager shall have authority to eliminate any division, to add new divisions, to alter their functions, and to reassign personnel from one division or department to another division or department. (Ord . 484, § 3, 1971) 2018 S-66 2.48.040 Authority of Director of Public Works and City Engineer to Approve Plans and Designs . A. The Director of Public Works if a licensed professional engineer designated by the State of California, and the City Engineer as a licensed professional engineer designated by the State of California, are delegated the authority to exercise discretionary approval ("Design Approval") of plans, designs and any design amendments or addenda for any public improvement or subdivision improvement project of the City of Cupertino ("Public Improvements"). The Director of Public Works or the City Engineer shall sign the plans and designs to attest their approval. B. Design Approval of Public Improvements shall be exercised broadly, in accordance with state law, and shall include the authority to approve modifications to plans or designs previously accepted by the City; approval of City standard details and specifications for design and construction of Public Improvements; acceptance of Public Improvements on behalf of the City; and issuance of notices of completion, cessation notices, and any other instruments and documents related to the exercise of Design Approval of Public Improvements. (Ord. 18-2173 , 2018) N 0 ..... 00 Cl'.) 0\ 0\ Use/ Zolling All non- residential areas Table 19.10•Ll60: Ground Signs Number Size LocatiOll Review Review Criteria Authority Allowed Area & Length Maximum Height • One sign if • One s. f. per four • Eight ft. • Corner property: Sign has to be located on CDD • Shopping Center or minimum 100 linear ft. of street street frontage with the site's address. multi tenant ft. street frontage. commercial frontage development with a center name shall emphasize that name • Two signs if • Maximum area = 100 • Every ground sign shall be located wholly • Shall meet Design 500 ft. street s.f. on the property for the use which the sign is Criteria in Section frontage advertising is located on. 19.104.220 • V-shaped and signs • Street address • No portion of any ground sign shall be with more than two numbers or range of located closer than one foot from the public faces: Area of all faces numbers for right-of-way. of sign = Total Sign businesses shall be Area . clear! y identified in numbers not less than 5 inches in height • Double faced signs: • No portion of any sign over three feet in Area of larger face of height shall be located within a corner sign = Total Sign Area triangle or sidewalk site triangle . • Maximum number of • Signs on interior lots < 200 ft. of frontage tenants on sign = six shall be located within the center 50% of the lot frontage. • Interior lots > 200 ft . of frontage shall locate ground signs no closer than 50 ft from a side property line (See Appendix A) • No ground sign shall be located closer than one hundred feet from any other ground sign on the same property CDD -Community Development Director; PC -P lanning Commission; DRC -Design Review Committee; s.f. = sq uare feet; ft = feet ..... 0\ -..J r,i ~- "' >-3 ~ O' ;;- >--' \0 >--' 0 f'- >--' 0\ 0 1::5 >-' tv rn I <.,.) >-' Type of Sign A. Wall Sign B. Ground Sign C . Fuel Price Ground Sign D. Fuel Price Wall Sign Table 19 .104.170: Gasoline Station Signs Number Size, Maximum Area and Locaiion Review Review Criteria Allowable Area Authority Same as Sec. Same as Sec. 19.104.140 Same as Sec. CDD • Meets Design Criteria in Sec. 19 .104 .220 19 .104.140 19 .104 .140 1 ground sign Same as Sec. 19.104.160 Same as Sec. CDD • Meets Design Criteria in Sec. 19.104.220 regardless of 19.104 .160 frontage Fuel price sign to Computes toward Allowable See above CDD • Is incorporated into the design of the be incorporated Ground Sign Area ground sign into the design of the ground sign • Letter size of price display on fuel price sign shall not exceed minimum specifications contained in Sec. 13532 of the California Bu siness and Profes sions Code • Meets Design Criteria in Sec . 19 .104 .220 If service station Number of product prices Attached to the wall of CDD • Same as above. is not identified on on fuel price sign not to the building facing the ground sign, in exceed eight per face . public street addition to any wall sign allowed to the service station per Sec . 19.104.140, a second fuel price sign is allowed CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee ""'3 s:., g n, >-' 'O ..... 0 .i,.. >-' -..l 0 ("') i:: 'c:I n, '"'I g- o N 0 s· l1Ci >-' 0\ 00 45 Ord. No. 16 -2157 16-2158 16-2159 16-2160 17 -2161 17-2162 17 -2163 17-2164 17-2165 2018 S-66 Comprehensive Ordinance List Amends § 19 .08 .030 regarding definitions, (19.08) Amends Ch. 8 .07 and Table 19.20 .020 regarding beekeeping (8.07, 19.20) Amends §§ 19 .08 .030 , Table 19 .20.020, 19 .24 .040, 19.52.020, and Ch . 19.112 regarding accessory dwelling units (19.20, 19 .24, 19 .52 and 19 .112) An interim urgency ordinance establishing a temporary moratorium on non-medical marijuana dispensaries, marijuana cultivation and cultivation facilities, commercial cannabis activities and marijuana transport and deliveries pending completion of an update to the 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 . 14 5 re gar ding 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 projects to common interest developments (9. 22, 19.08, 19.12, 19.24, 19.28, 19 .36, 19.40, 19 .6 0 , 19.64, 19 .112, 19.116) Ord. No . 17-2166 17-2167 17-2168 17-2169 17-2170 18-2171 18-2172 18-2173 Amendments to zo ning map change (Not Codified) An interim urgency 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 .112) Amends § 2.80.010, regarding the Fine Arts Commission (2. 80) Add Ch. 10.05, Social Host Responsibility ( 10. 05) Amending Chapter 2.48 pertaining to approval of plans and designs for public improvements and updating the organizational structure of the Department of Public Works (2 .48 .020, 2.48 .040) Cupertino -Comprehensive Ordinance List 46 9 COFFEE SHOP See RESTAURANT COMMISSION, CITY See Specific Commission COMMUNICATION WITH CITY OFFICIALS Public building, prohibited acts designated 10.10.020 Right designated 10. 10.010 Violation, penalty 10.10.030 COMMUNITY DEVELOPMENT DEPARTMENT See DEPARTMENTAL ORGANIZATION COMMUNITY DEVELOPMENT DIRECTOR Parade and athletic event administrative authority 10 .44 .030 CONCERT Business license See also BUSINESS LICENSE fee 5.04 .340 CONSTRUCTION TAX Adjustment 3 .32 .045 Definitions 3.32 .020 Exceptions 3.32.070 Imposition 3.32.030 Payment place 3 . 32. 060 time 3.32.050 Purpose, intent 3.32.010 Rates 3.32.040 Refunds 3 .32.050 Revenue use 3.32.080 CONTRACTOR Business license See also BUSINESS LICENSE fee 5 .04 .370 COUNCIL, CITY Abandoned vehicle, hearing 11.04.070 Bicycle, fee allocation 11.08.130 2014 S-46 Index Bingo license fee 5 .32.280 Business license powers, duties 5.04.060 Call for Council review 2.08.145 Child care expense reimbursement, when granted 2 .72 .010 Communications 2.08 .100 Contract bid award 3.24.080 Document signature authority 2.08.135 Election See also Campaign finance generally 2.04.005 False alarm hearing duties 10.26.120 Manager, city appointment 2.28.010 suspension, removal 2 .28.090 Meeting discussion procedure 2. 08 .130 emergency 2.04.025 order of business 2.08 .090 place 2.04.030 presentation method 2 .08 .080 protests 2.08.120 reconsideration motions 2.08.095 petitions 2 .08.096 regular 2.04.010 special 2.04.020 violation, penalty 2.08.140 Municipal employee relations officer appointment 2.52 .320 Nuisance abatement hearing 1. 09. 070 Officer, official body reports 2.08.110 Parade, athletic event permit appeal hearing 10 .44. 140 Permit parking time determination 11. 27 .130 Personnel authority 2.52.090 Petition definitions 2. 08. 030 exception 2. 08. 070 hearing notice 2 .08 .040 Public safety commission appointment 2.60 .010 Reimbursement 2.16.030 Robert's Rules of Order adopted 2.08.020 Rules adopted 2 .08.010 Salary amount, effective date 2.16.020 statutory basis 2.16 .010 Cupertino -Index Storm drainage service charge adjustment authority 3.36.160 collection duties 3 . 36. 080 review duties 3.36 .050 Technology, information, and communications commission appointment 2 .74 .010 vacancy filling 2 .74 .030 Term limits 2 .04 .050 Transient occupancy tax appeal hearing determination 3 .12.100 Vacancy filling 2 .04 .040 Water charge appeal hearing 15.12.100 Weed abatement assessment, hearing 9.08.090 authority 9 . 08 . 060 hearing , decision, action 9 .08.050 resolution 9.08 .020 CRUISING See TRAFFIC CUPERTINO GARBAGE COMPANY See GARBAGE CURFEW Definitions 10 .68 .010 Exceptions 10. 68. 030 Violation --D -- penaity i0.68.050 prohibited acts 10 .68.020 DEFECATION See URINATION, DEFECATION DEPARTMENT AL ORGANIZATION Authority of Director of Public Works and City Engineer to approve plans and designs 2.48.040 Divisions, designated 2.48 .020 Manager authority 2.48 .030 Purpose 2.48 .010 DESIGN REVIEW COMMITTEE Chairperson 2. 90 . 050 Construction of provisions 2 .90.110 Established 2.90.010 Licensed architect 2.90.070 Meetings, quorum 2.90.060 Powers, functions 2 .90.090 Procedural rules 2.90.100 2018 S-66 Purpose of provisions 2 .90 .020 Record.keeping 2 .90.080 Terms of office 2 .90.030 Vacancy, removal 2 .90.040 DISASTER COUNCIL Definitions 2.40 .020 Director of emergency services created 2.40.050 powers , duties 2.40.060 Emergency organization membership 2.40.070 structure , duties, functions 2.40.080 Expenditures 2.40.100 Membership 2.40 .030 Mutual aid provided 2.40 .090 Powers, duties 2.40 .030 Purposes 2.40.010 Violation, penalty 2.40 .110 DOCUMENTARY STAMP TAX Administration, authority 3.04 .090 Exemptions 3. 04. 040 DOG Imposition, rate 3 .04.020 Payment responsibility 3.04.030 Refund claim, authority 3 .04.100 Short title , authority 3.04 .010 See ANIMAL --E -- EARTHQUAKE See TOXIC GASES ELECTIONS, MUNICIPAL See COUNCIL, CITY ELECTRICAL CODE Adopted 16.16 .010 Adoption of appendix chapters 16 .16.015 Article 100 amended-definitions 16.16 .020 Electrical work, 16.16.030 Fee schedule 16 .16.040 Interpretation 16.16.050 Maintenance program 16 .16 .060 Persons allowed to do electrical work designated 16 .16.030 EMERGENCY See DISASTER COUNCIL 10