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2018 S-68 SupplementMEMF09.18 CUPERTINO, CALIFORNIA Instruction Sheet 2018 S-68 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 19 : ZONING 21 through 28 239 through 242 21 through 28 239 through 242 45, 46 5,6 COMPREHENSIVE ORDINANCE LIST 45 , 46 INDEX 5, 6 I CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-68 Supplement contains : Local legislation current through Ordinance 18-2175, passed 8-21 -2018 ( COPYRIGHT© 2018 AMERICAN LEGAL PUBLISHING CORPORATION I \ 19.12.010 CHAPTER 19.U: ADMINISTRATION Section 19 .12 .010 19 .12.020 19 .12 .030 19 .12.040 19 .12.050 19 .12.060 19.12 .070 19 .12.080 19 .12.090 19 .12 .100 19 .12.110 19 .12.120 19 .12 .130 19 .12 .140 19 .12.150 19.12.160 19.12 .170 19 .12 .180 Purpose and intent. Applicability of regulations. Approval authority . Authority of the Director of Community Development. Authority of the Design Review Committee . Authority of the Planning Commission . Authority of the City Council . Application process . Action by Director. Decision. Noticing. Action by Director of Comm.unity Development-Administrative . Action by Design Review Committee and Planning Com.mission . Action by City Council. Notice of decision and reports . Effective date. Appeals. Expiration , extension , violation and revocation . 19 .12.010 Purpose and Intent. The purpose and intent of the Administration section is to establish procedures for the discretionary review of de velopment in the City in order t o ensure that new development and change s to existing developments comply with City development requirements and policies . This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement , decision or determination made by any Approval Body. (Ord . 14-2125, § 4 (part), 2014 ; Ord. 2085, § 2 (part), 2011) 19.U.020 Applicability of Regulations. Except as otherwise pro v ided in this section, Development Review is required for all zoning map and te xt amendments, new construction, modifications to building exteriors or site improvements, and changes in land use , including , but not limited to, the following: 2016 S-58 21 A . In the A , Al, R-1 and RHS Zones , the following activities: 1. Conditional uses in accord with Chapter 19.20 , Chapter 19.24 , Chapter 19.28 , Chapter 19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44; 2 . Removal of protected trees identified in Chapter 14 .18; 3 . Projects in R-1 zones identified in Section 19 .2 8.040; 4. Height Exceptions identified in Section 19 .24 .070(B)(3); 5 . Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19 .124 ; 7 . Fence Exceptions identified in Chapter 19 .48 ; 8 . Variance to all other zoning regulations . B . InR2, R3, RlC and all Commercial, Industrial , Office , Planned Community Districts and other non-residential zoning districts: 1. New structures or property development, including signs and sign programs . 2 . Building additions , exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to , new or modified landscaping, tree removals, fencing , changes to parking lot space striping or circulation); 3. Changes in property or building use that involve exterior modifications ; 4. Exceptions or modifications to the development's required and/or existing parking ; 5. Conditional uses in accord with Chapter 19 .60, Chapter 19.64, Chapter 19 .68 , Chapter 19 .72 , Chapter 19.76 , Chapter 19 .80 , Chapter 19 .84, Chapter 19 .88 , Chapter 19.92, Chapter 19.96 , Chapter 19 .128, Chapter 19.116, Chapter 19.132, Chapter 19.136. (Ord. 14-2125 , § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.030 Approval Authority. Table 19 .12. 030 shows the approval authority , Noticing Radius, Expiration Date and Extension Dates for different types of Permits . ~ f--' 00 CIJ I 0\ 00 Type of Permit Administrative or Decision A, n Review General Plan Amendment Major F - Minor G - Zoning Map Amendments Major F - Minor G - Zoning Text - A mendments Specific Plans - Development - Agreements Design Review Committee - - - - - - - Table 19.12 .030 -Approval A uthority Fine Arts P lanning City P ub lic Commission Commission Council Hearing/ Public Meeting/ Comment Period c -R F PH -R F PH -R F PH -R F PH -R F PH -R F PH -R F PH Noticing/ Posted Noticing Site Radius 0 Notice CA . Govt. Yes Code 65350- 65362 Yes CA. Govt. Yes Code 65853- 65857 Yes CA. Govt. - Code 65853 - 65857 CA. Govt. - Code 65350- 65362 CA. Govt . Ye s Code 65867 Expiration Chapter/ Date E Findings -CA. Govt. Code 65350- 65362 - -19.152.020 - -19.152.030 -20.04.030 -19.144.120 1--' ;O ~ 0 UJ 0 \.) ,§ ro ,, S' 0 N 0 s· (Jq ~ N 0 ,...... 00 C/J I 0\ 00 Type of Permit Administrative or Decision A, n Review '• Development Permits Major F,H - Minor G F Conditional Use Permits Major P,H,I F M inor G, 1 F T emporary F Density Bonus (Resi dential) Adult-Oriented i Commercial Activity (CUP) Architectural and Site Approval Maj or J F Minor K F Design Review Committee - - - - - - - - Table 19.12 .030 -Approval Authority (Cont.) Fine Arts Planning City Public Noticing/ Posted Expiration Commission Commission Council Hearing/ Noticing Site Date E Public Radius 0 Notice Meeting/ Comment Period c -FIR A1/F PM Yes 2 years 19.12.110/ -At A2 PM 300 ' Yes 2 years -A1/F/R A1/A2/F PH CA . Govt. Yes 2 years Code 65905 -A 1/F/R A 1/A2/F PH Yes 2 years -A1 A2 -None No 1 year -R F Based on concurrent application -R F PH CA. Govt. Yes 2 years Code 65905/300' -A1 A2 PM 19.12.110/ Yes 2 years Adjacent -A1 . A2 .PM Yes 2 years Chapter/ Findings 19.156 .050 19 .156.050 None 19.160.030 19.52 19 .128.030& 19 .128.040 19.168.030 N IJ,l > ( VJ i:t' ~ !f I-' \0 r; 0 IJ,l 0 . 25 ,_. 00 en ' 0\ 00 Type of Permit or Decision A, 8 Amendment Major F,H Minor 0 Minor Modification Hill side Exception/ Height Exception/ Heart of the City Exception 1 Variance Status of non-conforming Use Wireless Antennas 1 Signs Permits Neon, Reader board & Freeway Oriented Signs 1 Administrative Design Review Review Committee -- F - F - -- F - -- F - F - -F Table 19.12.030 -Approval Authority (Cont.) Fine Arts Planning City Public Commission Commission Council Hearing/ Public Meeting/ Comment Period c -F A1 Varies L -A1 A2 Varies L -A1 A2 - -F A1 PH -A1 A2 PH -F A' PH -Fl A1 A2 Varies 1 -A' A2 - -F A'M PM --------- Noticing/ Posted Noticing Site Radius 0 Notice Depends on Yes permit being amendedL Yes None No 19.12.110/ Yes 300' CA. Govt. Yes Code 65905 19.12.110/ Yes 300' Depends on Yes application type None No 19.12.110/ No 300' Expiration Date E 2 years 2 years 2 years 2 years 2 years - 2 years 1 year 1 year Chapter/ Findings 19.44, 19.144 , 19.156, 19 .164 19.164 19.40.080, 19 .24.070, 19.136.090 19.156 .060 19.140.110 19.136 .090 19.104 19.104 I-' v::, ~ 0 t.,J 0 (J ~ 'd f:!l g 0 N 0 s· (JQ ~ N 0 I-' 00 C/.l I 0\ 00 Type of Permit or Decision A, n " Signs (Cont'd) Programs Exceptions ' Parking Exceptions 1 Fence Exceptions Front Yard Interpretation R-1 Ordinance Permits Two-story r Minor Residential Exceptions ' Administrative Design Review Review C ommittee F - -F F F -F F - F F F - -F Table 19 .12 .030 -Appr oval Authority (Cont .) Fine Arts Plannin g City P ublic Commission Commission Council H earing/ P ublic Meeting/ Comment Period c -A1 _A._2 - --A'M PM -A1 AlL /Al Varies N --AIL PM -A1 A2 PM -F/A1 AIL /Al Varies 1 -A1 A2 CP --AIM PM Noticin g/ Posted Notic ing Site Radius 0 Notice None No 19.12.110/ Yes Adjacent 19.12.110/ Yes Adjacent/ 300' 0 19.12.110/ Yes Adj acent 19.12.110/ Yes Adjacent Yes 19.12.110/ Adjacent No Yes Expiration Date E 1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 year Chapter/ Findings 19.104 19 .104.290 19 .1 24.050 19 .48.060 19.08 19.28.140 N u, f q- ~ ..... § ~ ~ 0 w 0 ~ ,_. 00 C/) I 0\ 00 ; Type of Permit or Decision A, B Protected Trees Tree Removal Heritage Tree Designation & Removal Tree Management Plan Retroactive Tree Removal Reasonable Accommodation Administrative Design Review Review Committee F - -- F - F - F - Tabl e 19 .12 .030 -Approval Authority (Cont.) Fine Arts Planning City P ublic Commission Commission Co uncil Hearing/ Public Meeting/ Comment Period c -A1 A2 CP -F A1 PM -A1 A2 - -A1 A2 - -A1 A2 - Noticing/ Posted Noticing Site Radius 0 Notice Adjacent Yes unless exempt 19 .12.110/ Yes 300' None No None No No ne No Expiration Chapter/ Date E Findin gs 1 year 14.18 .180 -14.18 -14 .18 -14.18 1 year 19.52.050 ,_. ~ ~ 0 t.,l 0 (j i:: 'd a; ..... s· 0 N 0 s· (IQ N 0\ ~ >--- 00 (/J I °' 00 Type of Permit or Decision A, B • Extensions P Parking, Fence & Sign Exceptions & Front Yard Interpretations Neon, Reader board & Freeway Oriented Signs Two Story Permits, Minor Residential Permits and Exceptions Tree Removals All other projects Administrative Design Review Review Committee F - F F F - F - ..-. Table 19.12.030 -Approval Authority (Cont.) Fine Arts Planning City Public Commission Commission Council Hearing/ Public Meeting/ Comment Period c -A' A2 - -A1 A2 - -A1 A2 - -A1 A2 - -Al A2 - Noticing/ Posted Noticing Site Radius 0 Notice None No None No None No -No 19 .12.110/ No None Expiration Date E 1 year 1 year 1 year 1 year 2 years Ch apter/ Findings N °' ;:i> I q- ~ g· ~ \0 ~ 0 t.H 0 N 0 >---' 00 (/J r 0\ 00 Type of Permit Administrative or Decision A, 8 Review .. Public art - Art in lieu payment - KEY: R-Review and recommendation body A 1-Appeal Body on first appeal PH-Public Hearing CP-Comment Period Design Review Committee - - Table 19.12 .030 -Approval Authority (C ont.) Fine Arts Planning City P ublic Noticing/ Posted Commission Commission Council Hearing/ Noticing Site P ublic R adius n Notice Meeting/ Comment Period c F -A1 PM None None R -F PM None None F-Final decision-making body unless appealed A2-Appea l body on seco nd appeal PM-Public Meeting Expiration Chapter/ Date E Findings None 2.80 and 19.148 None 2.80 and 19.148 ,.... ;O ~ 0 l;J 0 (j ,§ rt> g- o N 0 @· (JQ N ~ 27 A dministration 19.12.030 Key: Notes: A. Permits can be proces sed concurrently with other applications , at the discretion of the Director of Community Development. B . Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090 . C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting : Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D . Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications . E . Expiration date of an application in a combined application shall correspond to the maximum. expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F . Major General Plan Amendment , Conditional Use Permit, Development Permit application -for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units . G . Minor General Plan Amendment, Conditional Use Permit, Development Permit application -fo r ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use , or six or less residential units . H . City Council review for applications with new development greater than :fifty thousand square feet of commercial , and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and / or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority . J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application . K . Minor Architectural and Site Approval application - single family home in a planned development zoning district , minor building architectural modiiications , l andscaping , signs and lighting for new development , redevelopment or modification in such zones where 2018 S-68 review is required and minor modifications of duplex and multi-family buildings . L. Meeting type and noticing are dependent on the underlying permit b eing modified . M . Appeals of Design Review Committee deci sions shall be heard by the City Council . N . Parking E xceptions approved by the Dire ctor of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. 0. Parking Exceptions in Single-family residential (Rl ) zones and Duplex (R2) zones need adjacent noticing . All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. P . Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension . (Ord . 18-2175 , § 1 (part), 2018; Ord . 17-2165, § 3 , 2017 ; Ord . 17 -2162 , § 1, 2017; Ord . 14-2125, § 4 (part), 2014; Ord . 2085 , § 2 (part), 2011) 19 .12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title , the authority of the Director of Community Development is as follows : A. Grant any permits which are authorized to be issued by the Director pursuant to Section 19 .12 . 030 and any other provisions of this code ; B . Grant parting exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19 .12 . 030 ; C . Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D . Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title . E. Grant a request for reasonable accommodation made by any person with a di sability , when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F . Make reasonable interpretations of the regulations and provisions of this title , and any chap ter therein , consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. 19.12.040 Cupertino -Zoning 28 G . May refer an application to another Approval Body for review , decision or recommendation . (Ord . 14-2125 , § 4 (part), 2014 ; Ord . 2085 , § 2 (part), 2011) 19.12.050 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows: A. Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19 .12.030 and any other provisions of this code; B . Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 . (Ord . 14-2125 , § 4 (part), 2014 ; Ord. 2085 , § 2 (part), 2011) 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title , the authority of the Planning Commission is as follows : A. Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19 .12.030 and any other provisions ofthis code ; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19 .12. 030 ; C. Make recommendations to the City Council on applications in which it is a recommending body ; and D . Decide on appeals of decisions pursuant to Section 19.12.030 . (Ord . 14-2125, § 4 (part), 2014; Ord. 2085 , § 2 (part), 2011) 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A . Grant any permits which are authorized to be issued by the City Council pursuant to Section 19 .12 . 030 and any other provisions of the code ; B . Decide on appeals of decisions pursuant to Section 19 .12 .030 . (Ord . 14-2125 , § 4 (part), 2014 ; Ord . 2085 , § 2 (part), 2011) 19 .12.080 Application Process . Unless otherwise specified in this title, all applications for permits , permit modifications , amendments 201 7 S-62 and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following : A . An application for permit may be made by the owner of record , his or her agent , lessee(s ) of property , or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application . B . Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1 . A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2 . A preliminary title report of the subject property ; 3 . The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways , driveways and walkways ; and general landscaping scheme ; 4. Architectural drawings of the proposed development, building additions or other structures . Drawings shall indicate building height , colors , materials, window treatment and other architectural features; 5 . Maps showing the locations of buildings; 6 . Renderings showing building heights and square footages; 7 . Maps showing the precise location of roads, streets , alleys and access points ; 8. A traffic analysis , if required; 9. A construction plan, 10 . Any property/development with a Homeowner 's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application . 12. Zoning Map or Text Amendments shall also include information required per Chapter 19 .152 . a . Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19. 80. 040 ; b . Zoning applications for Multi-Family (R3 ) Residential shall also include information required per Section 19 .36.040; and c . Zoning applications for Residential Single-family Cluster (RlC) initiated by a property owner , or his or her designee , shall al so include items identified in Se ction 19.44.050H . 13 . Planned Development Permit and Development Permit applications shall also include information required per Se ction 19 .1 56. 010 . 19.148.010 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS Section 19.148.010 19.148.020 19 .148.030 19 .148.040 19.148 .050 19 .148.060 19 .148.070 19 .148 .080 19.148.090 Purpose and intent . Applicability of regulations. Permitted artwork. Ineligible artwork . Application procedures for public artwork. Design criteria and artist qualifications . Minimum artwork value. Maintenance requirements . In lieu payment for artwork is discouraged . 19.148.010 Purpose an d Intent. The purpose of this chapter is to provide a review fr amework for public art in both public and private de velopments in the City of Cupertino , commensurate with the follo wing specific goals, as described in the Cupertino General Plan: A . Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike ; C . Stimulate opportunities for the arts through cooperative relations between local business and the City . (Ord. 2175 , § 1 (part), 2018 ; Ord . 2085 , § 2 (part), 2011 ; Ord . 2037 (part), 2009) 19.148.020 Applicability of Regulations. A . Any development often thousand sq. ft. or larger involving construction of new buildings and /or the expansion of existing buildings shall be subject to the requirements of this chapter . B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council . (Ord. 2175 , § 1 (part), 2018 ; Ord . 2085, § 2 (part), 2011 ; Ord. 2056 (part), 2010 ; Ord . 2037 (part), 2009) 19.148.030 Permitted Artwork. Types of art that may be used t o satisfy the requirements of thi s chapter include , but are not limited to , the following: 2018 S-68 2 39 A . Sculpture: in-the-round , bas-relief, mobile , fountain , kinetic, electronic, or other , in any material or combination of materials ; B . Painting: all media, including portable and permanently affixed works , such as murals ; C. Graphic arts : printmaking , drawing, calligraphy and photography, but only when on a large public scale ; D . Mosaics ; E . Functional artwork created by a professional artis t , such as benches , tree grates or trash receptacles; F . Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of this chapter . (Ord . 2175 , § 1 (part), 2018; Ord . 2085 , § 2 (part), 2011 ; Ord . 2037 (part), 2009) 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art , whether by mechanical or other means. However , permitted artwork may include limited editions , controlled by the artist , of original prints , cast sculpture , photographs, or other art forms ; B . Directional or other functional elements such as supergraphics , signing , or color coding , except where those elements are integral parts of original signed artworks ; · C . Art objects which are mass-produced from a standard design , such as playground equipment , fountains , flags or banners ; D . Landscaping and garden feature s , except where these elements are designed by the artist and are an integral part of a fine artwork. (Ord . 2175 , § 1 (part), 2018 ; Ord. 2085, § 2 (part), 2011; Ord . 203 7 (part), 2009 ) 1 9.148.050 Application Procedures for Public Artwork. A . An application for public artwork shall include all requirements of Chapter 19 .12. B . A pplication for public art fo r a new development shall be made in conjunction with the r ev iew of the permits for the entire project, in order that the de sign and lo cation be taken int o consideration at the time of architectural and site planning , as outlined in Chapter 19 .168 . 19 .148.050 Cupertino -Zoning 240 C. The Fine Arts Commission shall review for approval the public art application and artwork. The decision of the Fine Arts Commission may be appealed in accordance with Sections 1.16. 020 and 19 .12. 030 of the Cupertino Municipal Code , or as amended. (Ord . 2175 , § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19 .148 . 060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts Commission. A permit required pursuant to Section 19. 148. 05 0 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A . The artwork is of a nature specified in Section 19.148.030. B . The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/ or architecture of the buildings . C . The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property , greenbelts , and building exteriors . The artwork must be in permanent view to motorists and pedestrians . Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. D . Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance . Materials used shall be durable and resistant to graffiti and the effects of weather . F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and 2018 S-68 materials, and to create a balanced and interesting aesthetic appearance . The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries . G . Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved . H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R' s or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040 , or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. (Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011 ; Ord . 2037 (part), 2009) 19.148 .070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be one percent of the construction valuation, with the following tiers : A 1 % of the first $100 million of construction valuation. B. 0. 9 % of construction valuation for valuation in excess of $100 million. (Ord . 2175, § 1 (part), 2018 ; Ord. 2085 , § 2 (part), 2011 ; Ord. 2037 (part), 2009) 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as determined ( 241 Required Artwork in Public and Private Developments appropriate by the City . Maintenance shall include all related landscaping , lighting , and upkeep , including the identification plaque . Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair , unless approved by the City; at which time the City may require rep lacement or relocation of the artwork . In the event that the artwork is located in the public right-of-way, a maintenance agreement with the City shall b e required. (Ord. 2175, § 1 (part), 2018; Ord. 2085 , § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.090 In Lieu Payment for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Fine Arts Commission for an in lieu payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged . In such cases , an in lieu payment of 1.25 % of the construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19 .12 . 030 . (Ord. 2175, § 1 (part), 2018; Ord . 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 2018 S-68 19.148.090 Cupertino -Zoning 242 ( ( 45 Comprehensive Ordinance List Ord. No . Ord. No. 16-21 57 Amends§ 19.08.030 regarding 17-2166 Amendments to zo ning map change definitions (19.08) (N ot Codified) 16-21 58 Amends Ch . 8.07 and Table 19 .20 .020 17-21 67 An interim urgency ordinance regarding beekeeping (8 .07 , 19.20) extending Ordinance 16-2153 and a 16-21 59 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 morato rium on zoning code (Not Codified) non-medical marijuana dispensaries , 17-2168 Add Ch. 14.02 , Transportation Impact marijuana cultivation and cultivation Fee Program (14 .02) facilities , commercial cannabis activities 17-2169 Adds Ch . 10.84 , amends § 19 .08.030 , and marijuana transport and deliveries and repeals and replaces Ch. 19.98, pending completion of an update to the regarding medicinal and adult use of zoning code (Not Codified) marijuana (10.84, 19 .08, 19.98) 17-2 161 Amends§§ 11.08 .160 and 11 .08.180 17-2170 Amends§§ 19 .08.030 and 19 .112 .020 , regarding restrictions on bicycles title of Ch . 19.112, and Table (11.08) 19 .112 .030 , regarding accessory 17-2 162 Amends Table 19.12.030, dwelling units in R-1, RHS and A-1 §§ 19.12 .080 , 19.12.090 , 19 .12 .110 , zones (19.08, 19 .112) Tables 19.20 .020, 19.28.040 , and 18-2171 Amends § 2 .80 .010, regarding the ( § 19 .28.050 regarding zoning Fine Arts Commission (2.80) administration, permitted and 18-2172 Add Ch. 10. OS , Social Ho st conditional uses, and single story Responsibility (10.05) overlay district process (19.12, 19.20, 18-21 73 Amends § 2.48.020 and adds 19 .28) § 2.48.040 regarding the Department 17-2163 Amends 11 .27 .145 regarding of Public Works (2.48) preferential parking zone s (11.27) 18-2174 Amends §§ 3.12.010 through 3.12 .030 17 -2 164 Amends§§ 16 .72 .010 through and 3.12.050 through 3.12.140 16 .72 .070 regarding recycling and regarding transient occupancy tax diversion of construction and demolition (3.12) was te (16 . 72) 18-2175 Amends Table 19 .12 .030 and Ch . 17-2165 Amends§§ 9.22 .010 through 9.22 .050 , 19 .148 regarding required artwork in 19.08 .030 , 19 .12 .030 , 19 .12.080, public and private developments 19.12.100 , 19.12.110, 19 .24.050 , (19 .12 , 19.148) 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 zo nes , multiple-farnil y residential zones , residential hill side zones , general commercial zones , permitted , conditional and excluded uses , and convers ions of apartment p rojects to common interest developm ents (9. 22 , 19 .08 , 19 .12 , 19 .24 , 19 .28 , 19.36, 19.40 , 19.60 , 19 .64 , 19 .112, 19 .11 6) 2018 S-68 Cupertino -Comprehensive Ordinance L ist 46 5 ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS Applicability of regulations 19 .148. 020 Application for public artwork 19.148 .050 Design criteria and artist qualifications 19 .148 . 060 Ineligible artwork 19 .148.040 In lieu payment for artwork is discouraged 19 .148 . 090 Maintenance requirements 19 .148. 080 Minimum artwork value 19 .148.070 Permitted artwork 19 .148. 030 Purpose and intent 19.148.010 ATHLETIC EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS ATTORNEY, CITY Assistant , acting , when 2.18 .070 Bond requirements 2 .18. 060 City staff, relations with 2 .18.040 Conflict of interest 2.64 .020 Council, relations with 2 .18 .030 Eligibility 2 . 18 .100 Employment agreement 2 .18 .080 Office established 2.18.010 Powers , duties 2.18 .020 Public, relations with 2.18 .050 Rental dispute mediation appeal duties 2 .78.080 subpoena duties 2.78.040 Staff 2.18.090 Suspension, removal , resignation 2.18 . llO AUDIT COMMITTEE Chair 2.88 .050 City powers unchanged 2. 88 .130 City staff 2.88 .110 Compensation, expense reimbursement 2 . 88. 070 Established, composition 2 . 88 . 010 Meetings 2 .88 .060 Members at large 2.88 .020 vacancy 2.88.040 Powers, duties 2.88 .100 Recordkeeping 2 . 88. 090 Rules , regulations 2.88.120 Term 2 .88.030 Voting 2.88 .080 AUTO COURT Business license tax rate 5 . 04 . 3 90 2018 S-68 Index --B -- BAGS See SINGLE-USE CARRYOUT BAGS BAR See RESTAURANT BEEKEEPING See ANIMALS BELOW MARKET RATE HOUSING PROGRAM Administration 19.172.030 Purpose 19.172 .010 Requirements 19.172.020 BICYCLE Administration 11. 08 .020 Attaching to vehicle , prohibited 11.08 .170 Bicycle lanes designated 11.08 .250 use regulations 11. 08. 190 vehicles using prohibited 11 .08 .230 Dealers purchaser education 11 . 08 .110 registration verification 11 . 08 .100 Definitions 11.08 .010--11.08 .015 Equipment requirements 11. 08 .13 0 Impoundrnent 11. 08. 240 Lane position requirements 11.08.150 License address change notification 11. 08. 090 alteration, destruction prohibited 11. 08 . 061 existing, validity 11.08 .070 fees 11. 08 .120 indicia , renewal 11.08.050 issuance 11.08 .040 transferability 11 . 08 . 080 Package carrying restrictions 11. 08. 220 Pedestrian path use exemptions 11. 08 .180 restrictions 11. 08 .160 Registration certificate See also License issuance 11. 08 . 060 Regulations generally 11.08.020 Riding restrictions 11. 08 . 210 Roller skates See ROLLER SKA TES Routes designated 11. 08. 260 Skateboards See SKA TEBO ARDS Traffic laws applicability 11. 08 .140 Violation, penalty 11. 08 . 280 Walking , pedestrian laws applicable 11. 08 . 200 Cupertino -Index 6 BINGO Administrative authority designated 5 . 32.170 Authority 5 .32.010 Defined 5 .32 .020 Equipment 5 .32.090 Financial interest limited 5 .32 .100 Hours 5.32 .150 Inspection authority 5 .32 .1 80 License applicant investigation 5.32.210 , 5.32.220 application, contents 5 . 32. 200 approval, conditions 5 .32.240 denial when 5.32.250 fee 5.32.280 nontransferable 5. 3 2. 310 records , opportunity to review 5 .32 .230 renewal 5 .32 .290 required 5 .32.190, 5 .3 2 .27 0 suspension, revocation appeal 5 .32 .330 authority 5 .32 .320 notice 5.32 .320 Location 5.32.080 Minor, participation prohibited 5. 32. 040 Organizations permitted to conduct 5 .32 .030 Participant to be present 5 . 32.140 Prizes, value 5 .32 .130 Proceeds, charitable uses required 5.32 .110 Provisions to supplement state law 5 .32.350 Public access required 5 .32 .050 Record.keeping 5.32 .120 Reporting requirements 5 .32.300 Staffing , operation change, reporting , investigation 5 .32 .260 generally 5.32 .060 Violation, Penalty 5.32 .360 BOND Attorney, city 2 .18.060 Auctioneer 5.08.020 City clerk 2 .20.040 Ex cavation , grading permittee 16.08 .150 Manager, city 2.28.030 Moving buildings 16.36.060 Private patrol 5.24 .050 Public works contract 3.23 .140 Street improvement installation 14.04.170 Subdivision improvement security 18-1.808.2 Taxicab 5 .28 .150 Treasurer, city 2.24.040 2015 S-47 BUILDING Address number visibility requirements 16. 04 . 050 Electrical Code See ELECTRICAL CODE Excavation, foundations, retaining walls SeeEXCAVATION , GRADING,RETAINING WALLS Fence See FENCE Heating, cooling See MECHANICAL CODE Inspector bingo license applicant investigation 5. 32. 220 building moving permit issuance 16.36.050 Moving contiguous land 16.36.080 definitions 16.36 .010 metal tires prohibited 16 .36.090 notice required 16.36 .040 permit application 16. 36 . 030 bond 16.36.060 conditions 16.36 .070 fees 16 .36 .055 issuance , hearing 16.36 .040 required 16.36 .020 roller restrictions 16.36 .100 truck requirements 16 .36 .110 supervisor, duties 16 .36 .120 Plumbing code See PLUMBING CODE Preliminary soils report See Soils report code adoption 16.12.010 required 16.12 .020 Retaining wall See EXCAVATION, GRADING, RETAINING WALLS Soils report approval 16 .12 . 050 building permit conditions 16 .12.060 code adoption 16 .12.010 contents 16.12 .030 preparation 16.12.040 required 16 .12 .020 Swimming pool 16.04.400