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2019 S-73 Supplement
CUPERTINO, CALIFORNIA Instruction Sheet 2019 S-73 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 63, 64 63, 64 TITLE 3: REVENUE AND FINANCE 1, 2 1, 2 — 43 through 48 COMPREHENSIVE ORDINANCE LIST 45, 46 45, 46 INDEX 7, 8 7, 8 27, 28 27, 28 MEMF 08.19 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-73 Supplement contains: Local legislation current through Ordinance 19-2185, passed 7-16-2019 COPYRIGHT © 2019 AMERICAN LEGAL PUBLISHING CORPORATION 2.86.010 I CHAPTER 2.86: HOUSING COMMISSION* Section 2.86.010 Established-Composition. Cupertino. The four community members must be residents 2.86.020 Members-Residency-Selection. of Cupertino. 2.86.030 Terms of Office. B. In selection of community members, the City 2.86.040 Members-Vacancy prior to expiration of a Council may give priority to: term. 1. Applicants who represent the Community 2.86.050 Chairperson. Development Block Grant(CDBG)target areas as described 2.86.060 Meetings. in the city's Consolidated Plan. 2.86.070 Compensation-Expenses. 2. Applicants who are familiar with the operation of 2.86.080 Majority vote required. affordable housing; 2.86.090 Records. 3. Applicants who represent non-profit community 2.86.100 Duties-Powers-Responsibilities. organizations; and 2.86.110 City staff assistance. 4. Applicants who are knowledgeable about the 2.86.120 Procedural rules. housing needs of groups targeted for affordable housing 2.86.130 Effect. development which include, but are not limited to, the following: * Editor's note: The title of this chapter was 1. Seniors, amended from Housing Committee by Ord. 2. Single parent families, 1892, and from Affordable Housing Committee 3. Homeless persons, by Ord. 1722. 4. Families of low income, 5. Disabled persons, 6. Renters, 2.86.010 Established-Composition. 7. First time homebuyers. (Ord.2185,(part),2019; A. The Housing Commission of the City is Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. established. The Housing Commission shall consist of five 1722, (part), 1996; Ord. 1641, §1 (part), 1994; Ord. 1576, members as follows: § 1 (part), 1992) 1. Representative from a Cupertino business, 2. Four community members, 2.86.030 Terms of Office. B. The representatives from a Cupertino business A. Housing commissioners serve at the pleasure of and the community members shall not be officials or the City Council. The term of office of the members of the employees of the City,nor cohabit with, as defined by law, Housing Commission shall be for four years commencing on nor be related by blood or marriage, to any member of the the date of their respective appointments to the Housing Commission, the City Manager or the staff person(s) Commission or its predecessor Commission and shall end on assigned to this Commission. January 30th of the year their terms are due to expire. No C. The Director of Community Development,or his member shall serve more than two consecutive terms except or her designee, shall provide technical assistance to the that a member may serve more than two consecutive terms Commission. (Ord.2185, (part), 2019; Ord. 2062, (part), if he or she has been appointed to the Commission to fill an 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; unexpired term of less than two years. Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) B. The appointment, reappointment and rules 1 governing incumbent members of the Commission are C 2.86.020 Members-Residency-Selection. governed by the Resolution of the Cupertino City Council A. The Housing Commission member that is the which governs advisory bodies. (Ord. 18-2180, §9(part), representative of a business is not required to be a Cupertino 2018; Ord. 2062, (part), 2010; Ord. 1974, §3, 2006; Ord. resident, but the business represented must be located in 1892, (part),2002; Ord. 1722, (part), 1996;Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 63 2019 S-73 2.86.040 Cupertino-Administration and Personnel 64 2.86.040 Members-Vacancy Prior to Expiration of a A. To assist the Planning Commission and the City Term. Council in developing housing policies and strategies for If a vacancy occurs other than by expiration of a term, implementation of general plan housing element goals; it shall be filled by the City Council's appointment for the B. To recommend policies for implementation and unexpired portion of the term. (Ord. 2062, (part), 2010; monitoring of affordable housing projects; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. C. To facilitate innovative approaches to affordable 1576, § 1 (part), 1992) housing development and to generate ideas and interest in pursuing a variety of housing options; 2.86.050 Chairperson. D. When requested by the Director of Community The Chairperson and Vice Chairperson shall be elected Development or the City Council,to make recommendations from among Commission members. Terms shall be for one to the Planning Commission and the City Council regarding year. (Ord.2062, (part),2010; Ord. 2015, §4,2008; Ord. affordable housing proposals in connection with applications 1892, (part),2002; Ord. 1641, §1 (part), 1994; Ord. 1576, for development including, but not limited to, § 1 (part), 1992) recommendations for possible fee waivers,other incentives, the number and type of affordable units and the target 2.86.060 Meetings. groups to be served. Any referral to the Housing A. The Housing Commission shall establish a regular Commission shall be limited to consideration of affordable time and place of meeting and rules of conduct thereof and housing proposals which exceed normal housing shall hold at least one regular meeting each quarter. requirements under the applicable provisions of the City's B. A majority of the Housing Commission shall general plan or ordinances related thereto; constitute a quorum for the purpose of transacting the E. To make recommendations regarding requests for business of the Commission. (Ord.2062,(part),2010;Ord. money from the CDBG and Affordable Housing Funds; 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, F. To provide information about affordable housing; (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 G. To meet with neighborhood,community,regional (part), 1992) and business groups as necessary to receive input and assist in generating affordable housing; i 2.86.070 Compensation-Expenses. H. To help identify sources of funds to develop and Members shall serve on the Housing Commission build affordable housing; without compensation. (Ord. 2062, (part), 2010; Ord. I. To perform any other advisory functions 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, authorized by the City Council. (Ord. 2062, (part), 2010; (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. (part), 1992) 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.080 Majority Vote Required. 2.86.110 City Staff Assistance. A majority vote of the quorum is required to approve The Housing Commission shall have available to it a recommendation on any matter that is presented to the such assistance of City staff as may be required to perform Commission which requires a vote. (Ord. 2062, (part), its functions, the staff assignments and administrative 2010; Ord. 1892,(part),2002; Ord. 1641, § 1 (part), 1994; procedures to be under the general direction and supervision Ord. 1576, § 1 (part), 1992) of the Director of Community Development. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 2.86.090 Records. 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), The Commission shall keep an accurate record of its 1992) proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be 2.86.120 Procedural Rules. required. These records shall be filed with the City Clerk. The Housing Commission may adopt from time to time (Ord. 18-2180, § 9 (part), 2018; Ord. 2062, (part), 2010; such rules of procedure as it may deem necessary to Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. properly exercise its powers and duties. Such rules shall be 1576, § 1 (part), 1992) kept on file with the chairperson of the Housing Commission, the Mayor, and the City Clerk, and a copy 2.86.100 Duties-Powers-Responsibilities. thereof shall be furnished to any person upon request. (Ord. The powers and functions of the Housing Commission 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, shall be as follows: (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2018 S-70 TITLE 3: REVENUE AND FINANCE Chapter 3.04 Documentary Stamp Tax 3.08 Sales and Use Tax 3.12 Transient Occupancy Tax 1 3.22 Purchase of Supplies, Materials, Equipment and Services 3.23 Public Works Contract and Bidding Procedures 3.25 Sale of Surplus Supplies and Equipment 3.32 Construction Tax 3.34 Utility Users Excise Tax 3.35 Telecommunication Users' Tax 3.36 Storm Drainage Service Charge 3.37 Minimum Wage 3.38 Clean Water and Storm Protection Fee 2019 S-73 1 Cupertino-Revenue and Finance 2 i 3.38.010 CHAPTER 3.38: CLEAN WATER AND STORM PROTECTION FEE Section 3.38.010 Purpose of the fee-limitation of use. C. The Clean Water and Storm Protection fee is 3.38.020 Definitions. imposed pursuant to Articles XIII C and D of the California 3.38.030 Determination and imposition of fee for Constitution, Government Code Sections 38900-38901 and fiscal year 2019-20. 53755-53756, and Health and Safety Code Section 5471 - 3.38.040 Annual review of fee. 5473.11. 3.38.050 Various actions. D. Proceeds from the Clean Water and Storm 3.38.060 Effective date of fees. Protection fee will be deposited in the "environmental 3.38.070 Fees collected with general taxes. management/clean creeks fund"created by Section 3.36.170 3.38.080 Payment of balance of fee. of Chapter 3.36 of the Municipal Code (Storm Drainage 3.38.090 Collection of fees omitted from tax roll- Service Charge)as the"storm drainage service charge fund" billing. and subsequently renamed, and may be comingled with the 3.38.100 Payment of fees-owner responsibility. revenues of the City's storm drainage service charge 3.38.110 Payment of fees-location. because they are authorized to be used for the same 3.38.120 Payment of fees-delinquency date. purposes. (Ord. 19-2183, 2019) 3.38.130 Penalty for delinquency. 3.38.140 Disputed fees. 3.38.020 Definitions. 3.38.150 Fiscal accountability. Except where the context otherwise requires, the 3.38.160 Special fund-restricted use of revenues. following definitions in this section shall govern the 3.38.170 Refunds. construction of this chapter: 3.38.180 Inspection of parcels authorized. A. "City" means and includes all territory lying 3.38.190 Payment of delinquent fees - city within the municipal boundaries of the City of Cupertino as enforcement powers. presently existing plus all territory which may be added thereto during the effect term of the ordinance codified herein. n 3.38.010 Purpose of the fee-limitation of use. B. "Condominium" means a parcel that is an A. The purpose of the Clean Water and Storm individually-owned single residential unit attached to an Protection fee is to conserve and protect the City's essential undivided or joint ownership of the remaining portion of the values of maintaining our aging storm drainage property. The "Condominium 1" category refers to a infrastructure,encouraging groundwater replenishment,and condominium complex where each residential unit has no maintaining a sustainable environment in accordance with other units above or below it. The "Condominium 2+" the Clean Water Act, EPA regulations and the City's refers to a condominium complex where residential units are NPDES permits. built above or below other residential units. B. The specific purpose of the Clean Water and C. "Director of Public Works" means the Director Storm Protection fee established pursuant to this chapter is of Public Works and his/her duly authorized agents and to derive fee revenue, which shall only be used for the representatives. acquisition, construction, reconstruction,maintenance, and D. "Fee Report" means the report prepared by SCI operation of the storm drainage system of the City or related Consulting Group dated February 2019 which was approved green infrastructure or other activities required by the City's by the City Council on March 5, 2019 in Section 2 of NPDES permits, to repay principal and interest on any Resolution No. 19-022. The Fee Report sets forth the rate bonds which may hereafter be issued for said purposes, to structure and methodology of apportionment of the fee to repay loans or advances which may hereafter be made for various categories of parcels and shall be the basis for the said purposes, and for any other purpose set forth in Section Clean Water and Storm Protection Fee. 3.38.160. 43 2019 S-73 3.38.020 Cupertino -Revenue and Finance 44 E. "Director of Administrative Services"means the J. "Parcel"means a unit of land which is designated Director of Administrative Services of the City of Cupertino by the tax assessor of Santa Clara County for property tax and his/her duly authorized agents and representatives. purposes. F. "Impervious Area"means any part of any parcel K. "Rate Category" means a group of parcels that that has been modified by the action of any person in a are of similar imperviousness characteristics and are charged manner which reduces the land's natural ability to absorb the same rate. Single-Family Residential Parcels are and hold storm and surface water. This includes, but is not categorized by size; Non-Single- Family Parcels are limited to, activities such as: grading of property, the categorized by impervious percentage ranges. creation of any hard surface area which either prevents or L. "Single-Family Residential"means parcels,other retards the entry of water into the soil mantle, or the than multi-family parcels, improved or used solely as a hardening of an existing surface which causes water to flow residence for one, two, three or four families living at an increased rate. Common impervious areas include,but separately in separate dwelling units. are not limited to, roof tops,walk-ways,patios, driveways, M. "Storm drainage system" means any pipe, parking lots or storage areas, concrete or asphalt paving, conduit, or sewer of the City designed or used for the gravel roads, or any cleared, graded, paved, graveled, or collection, conveyance and management of storm and compacted surface or paved earthen materials used for surface waters and drainage including unpolluted cooling vehicular travel, or areas covered with surfaces which water and unpolluted industrial process water but excluding similarly impede the natural infiltration of surface water into any community sanitary sewer system. soil mantle. Impervious area can be expressed as a N. "Vacant(developed)" means a parcel which has percentage of a parcel's total size. been altered from its natural condition through grading or G. "Maintenance and operation" means the compaction activity or in another manner which reduces the administration, operation, maintenance and repair of any land's natural ability to absorb and hold storm and surface facility in the City's storm drain system, including,but not water without any structure existing upon it. (Ord. 19-2183, limited to: 2019) 1. Items ordinarily recognized as capital items(e.g., acquisition of interests in land) when reasonably necessary 3.38.030 Determination and imposition of fee for fiscal to support operations; year 2019-20. 2. Street sweeping,catch basin cleaning,and capture For purposes specified in Section 3.38.010, the Clean and removal of trash from the storm drain system; Water and Storm Protection fees established pursuant to this 3. Replacement of portions of existing facilities chapter are hereby prescribed and imposed, and shall be damaged or destroyed as a result of accident or natural paid to and collected by the City, for services and facilities disasters or found to be of inadequate size or condition; furnished by the City in connection with its storm drainage 4. Damages or settlements paid in the course of, or system to or for each parcel which is benefited directly or because of, threatened or actual legal actions related to the indirectly by said storm drainage system or any part thereof, City's storm drain system or non-point source program; or from which any storm water is conveyed or discharged 5. Regional monitoring, permit fees, public directly or indirectly into the storm drainage system. Said education and awareness programs regarding the City's fee is imposed annually and will be assessed and collected as storm drain system and the City's nonpoint source program; follows: 6. Management of the City's non-point source A. Single-Family Residential Class program including,but not limited to,BMP manuals,public Parcel Size Annual Fee outreach,printed materials,City staff and legal costs related Category (acres) per Parcel thereto. H. "Multi-Family Residential" means parcels Small Under 0.13 $36.58 improved or used for a residence for five or more families living independently of each other and doing their own Medium 0.13 to 0.22 $44.42 cooking and which is not separately assessed by the county tax assessor for each such family dwelling. This term is Large 0.23 to 0.40 $55.58 synonymous with"apartment." Extra Large Over 0.40 $106.42 1. "Open Space" means land that is substantially in a natural condition and includes agricultural or other lands Condominium 1 Na $36.58 that demonstrate storm water absorption equal to or greater than natural conditions. Condominium 2+ Na $11.99 2019 5-73 45 Clean Water and Storm Protection Fee 3.38.030 B. Non-Single-Family Residential Class Water and Storm Protection Fee in accordance with the Categoryl Annual Fee per 0.10 following: Acre of Parcel Size2 A. In no event shall the rate for any category of property be increased beyond the rate approved by a Multi-Family $30.88 majority vote of property owners subject to the Clean Water and Storm Protection fee. Commencing in Fiscal Year Commercial/Retail/Industrial $40.38 2020-21, the amount of the Clean Water and Storm Protection Fee may be increased by an amount equal to the Office $30.88 change in the Consumer Price Index for all Urban Church/Institutional $26.13 Consumers for the area including Santa Clara County (the "CPI"), including all items as published by the U.S.Bureau School with play field $19.00 of Labor Statistics as of December of each succeeding year, not to exceed a maximum increase of three percent(3%)in Park $7.13 any single year. Adjustments will only occur if actual additional costs are incurred. Vacant(developed) $2.38 B. The Clean Water and Storm Protection fee shall g Rate Structure Notes: not be deemed to be increased in the event the actual fee ! 1. The Rate Category for any Non-Single-Family parcel upon a parcel in any given year is higher due to a change in shall be assigned by the description of the land use of use of the subject parcel or an increase in the amount of the the parcel. For Non-Single-Family land uses that do impervious area of the subject parcel. not fit the descriptions in Table 5 of the Fee Report C. In any year in which the City Council does not (for example, mixed use parcels), the rate with the change the Clean Water and Storm Protection fee rate, nearest percent impervious area shown in Table 5 of pursuant to the voter-approved CPI allowable annual the Fee Report shall be assigned to a parcel. increase, the previously adopted fee shall continue in full 2. Non-Single-family fees are calculated in 0.1-acre force and effect for the next fiscal year. increments. For example, an office parcel is charged D. The City Council shall not be required to enact a at$30.88 for each tenth of an acre or portion thereof. CPI increase each year.3.38.040.A. (Ord. 19-2183,2019) j C. Non-single-family parcels and condominium parcels that comply with the version of Provision C.3 (New 3.38.050 Various actions. Development and Redevelopment Requirements) of the Without a vote of the property owners, in any year the City's NPDES permit that is applicable at the time of City Council may do any and all of the following: (a) building permit issuance shall have their fees reduced by discontinue the Clean Water and Storm Protection fee; (b) 25% in recognition of the reduced impact on the City's reduce the rate for all parcel categories; or(c) increase the storm drainage system inherent in C.3 compliance, as rate up to or below the maximum voter-authorized rate if it documented in the Fee Report (Low Impact Development has been previously set below such rate. (Ord. 19-2183, Rate Adjustment).Other single-family residential parcels do 2019) not qualify for this rate reduction. C.3 compliance will be determined on a case-by-case basis by the Director of Public 3.38.060 Effective date of fees. Works, who may also establish procedures to verify and The Clean Water and Storm Protection fees shall validate such compliance on a periodic basis. become effective on July 1, 2019. (Ord. 19-2183, 2019) D. For non-single-family residential parcels that have both improvements and significant open space areas 3.38.070 Fees collected with general taxes. (described in the Fee Report as "hybrid parcels"), the A. Subject to the exceptions hereinafter set forth,the chargeable acreage shall be adjusted downward in City elects, as an alternative procedure for the collection of recognition that the open space areas do not increase the Clean Water and Storm Protection fees prescribed or need for the fee. imposed by the provisions of this chapter, to have all such E. Open space and agricultural parcels are not Clean Water and Storm Protection fees for each fiscal year subject to the Clean Water and Storm Protection fees. (Ord. collected on the tax roll in the same manner, by the same 19-2183, 2019) persons and at the same time as, and together with and not j separately from, its general taxes. 3.38.040 Annual review of fee. B. The Director of Public Works is hereby directed Commencing with Fiscal Year 2020-21, the City to prepare and file with the City Clerk, on or before the Council shall, by resolution, annually determine the Clean fifteenth day of June of each year, or such other date or 2019 5-73 3.38.070 Cupertino -Revenue and Finance 46 dates as the City Council may specify by resolution, a Thereafter the amount of the fees shall be collected at the written report containing a description of each and every same time and in the same manner and by the same persons parcel of real property receiving the benefit of the storm as, together with and not separately from, the general taxes drainage system mentioned in this chapter, except for those for the City, and shall be delinquent at the same time and parcels the fees for which are not to be collected on the tax thereafter be subject to the same delinquency penalties. roll, and the amount of the Clean Water and Storm I. All laws applicable to the levy, collection and Protection fees for each parcel for the forthcoming fiscal enforcement of general taxes of the City including,but not year, computed in conformity with the fees prescribed by limited to, those pertaining to matters of delinquency, the provisions of this chapter. collection, cancellation, refund and redemption, are C. The City Clerk shall cause notice of the filing of applicable to such fees. said report and of a time and place of hearing thereon to be J. The tax collector may, at the tax collector's published, prior to the date for hearing, in a newspaper of discretion, issue separate bills for such fees and separate general circulation printed and published within the City. receipts for collection on account of such fees. The publication of said notice shall be once a week for two K. If any parcels receiving benefit from the storm consecutive weeks. Two publications in a newspaper drainage system are omitted from the abovementioned report published once a week or more often,with at least five days or said tax roll,either because the fee therefor shall not have intervening between the respective publication dates, not yet been ascertained by the City as of the date of said report, counting such publication dates, are sufficient. The period or for any other reason, the Clean Water and Storm of notice commences upon the first day publication and Protection fee for such parcels shall be collected in the terminates at the end of the fourteenth day. manner provided elsewhere in this chapter.If the fee for any D. At the time stated in the above-mentioned notice, parcels, as shown on said report for the forthcoming fiscal the City Council shall hear and consider all objections or year, should be less than what should be the fee therefor protests, if any,to the report referred to in said notice, and under the provisions of this chapter,the balance of such fee may continue the hearing from time to time. If the Council shall be collected in the manner provided elsewhere in this finds that protest is made by owners of a majority of chapter. If, however, the fee for any parcels shown in the separate parcels of property described in the report,then the report and collected on the tax roll should exceed the correct ` report shall not be adopted, and fees shall be collected fee for such parcels for the fiscal year,the Finance Director separately from the tax roll and shall not constitute a lien shall refund the excess amount so collected. (Ord. 19-2183, against any parcel or parcels. 2019) E. Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any 3.38.080 Payment of balance of fee. fee or overrule any or all objections and shall make its A. If the fee for any parcels placed on the tax roll,or determination upon each fee as described in said report, for any parcels collected based upon billing, was less than which determination shall be final. what should be the fee therefor under the provisions of this F. 1. On or before the first day of August of each chapter due to error, the balance of said fee shall be year following such final determination,the City Clerk shall collected by a bill or invoice based on a detailed statement file with the Finance Director a copy of the report with a showing the basis of the calculations, the location of the statement endorsed thereon over the City Clerk's signature parcels and other relevant information, and prepared on or that it has been finally adopted by the City Council. after January 1st for the preceding six months from July to 2. The Finance Director shall thereupon cause said December during which a discrepancy between the amount fees to be placed on the property tax roll and collected by collected and the correct fee is discovered, and on or after the County for the City, as hereinafter provided. The July 1st for the preceding six months from January to June County's tax collector shall enter the amounts of the fees during which such a discrepancy is discovered. The Finance against the respective parcels as they appear on the current Director shall mail said bill or invoice to the person or assessment roll. If the property is not described on the roll, persons listed as the owners of the parcels on the last the County's tax collector may enter the description thereon, equalized assessment roll of the County at the address shown together with the amounts of the fees as shown in the report. on such assessment roll or to the successor in interest of G. The amount of the fees shall constitute a lien such owner if the name and address of such successor in against the parcel against which the fee has been imposed as interest is known to the Finance Director. Failure to mail of noon on the first Monday in March immediately any such bill or invoice, or failure of any owner to receive preceding the date of the levy. any such bill or invoice shall not excuse the owner of any H. The tax collector shall include the amount of the parcels from the obligation of paying the balance of any fees on bills for taxes levied against the respective parcels. Clean Water and Storm Protection fee for any parcels owned by him or her. 2019 S-73 47 Clean Water and Storm Protection Fee 3.38.080 B. The interested owner may, at any reasonable of the Finance Director and ascertain from the Finance time,review the detailed statement prepared by the Finance Director the amount and due date of any such fee applicable Director. to parcels owned by such owner and to pay such fee when C. The balance of the Clean Water and Storm due and payable. It also shall be and is hereby made the duty Protection fee for such parcels shall be due and payable on of all owners of all parcels to inform the Finance Director the date the bill or invoice referred to in this section is immediately of all circumstances, and of any change or mailed. (Ord. 19-2183, 2019) changes in any circumstances, which will in any way affect the applicability of any fee. In particular,but not by way of 3.38.090 Collection of fees omitted from tax roll-billing. limitation, an owner of any parcel shall immediately inform A. The Finance Director shall semi-annually, on or the Finance Director of any sale or transfer of such parcel after July 1st, prepare or cause to be prepared a detailed by or to such owner. (Ord. 19-2183, 2019) statement containing the basis of the calculations, the location of the parcels and other relevant information 3.38.110 Pay ment yment of fees-location. showing the total monthly fee for the preceding six months Except as otherwise provided elsewhere in this chapter, from January to June and on or after January 1st, for the all Clean Water and Storm Protection fees shall be payable preceding six months from July to December for any parcels at the office of the Finance Director in the City Hall of the the fee for which should be collected on the tax roll pursuant City. (Ord. 19-2183, 2019) to Section 3.38.070A but was omitted from the report referred to in Section 3.38.070B, or parcels the fee for 3.38.120 Payment of fees-delinquency date. which is collected pursuant billing. Except as otherwise provided elsewhere in this chapter, B. An invoice may be rendered for a period of less each Clean Water and Storm Protection fee shall be than six months if the commencement date of fees is other delinquent if not paid on or before the fortieth day than July 1st or January 1st, as may be the case with new immediately following the date upon which such Clean accounts. Water and Storm Protection fee became due and payable. C. On the basis of the statement, the Finance (Ord. 19-2183, 2019) Director shall prepare a bill or invoice showing the total fee for such six months or less, and shall mail said bill or 3.38.130 Penalty for delinquency. invoice to the person or persons listed as the owners of the Except as otherwise provided elsewhere in this chapter, parcels on the last equalized assessment roll of the County whenever any Clean Water and Storm Protection fee at the address shown on such assessment roll, or to the becomes delinquent, there shall be imposed a penalty equal successor in interest of such owner if the name and address to one hundred percent of the amount as set forth under of such successor in interest is known to the Director. Section 3.38.030. (Ord. 19-2183, 2019) Failure to mail any such bill or invoice, or failure of any j owner to receive any such bill or invoice shall not excuse the 3.38.140 Disputed fees. owner of any parcels from the obligation of paying any If any owner disputes the amount of the fee in any bill Clean Water and Storm Protection fee for any parcels owned or invoice,the owner shall,within thirty days from and after by him or her. the date such bill or invoice is mailed, and no later, file a D. The interested owner may, at any reasonable claim with the Finance Director accompanied by detailed time,review the detailed statement prepared by the Finance supporting factual data in support of the claim. It shall be I Director. the duty of each such owner to prove to the Finance E. The Clean Water and Storm Protection fee for Director, that such fee is in error and the correct amount such parcels shall be due and payable immediately upon thereof. If the Finance Director determines that the bill or i receipt of the bill or invoice referred to in this section. invoice was in error,the Finance Director shall correct said (Ord. 19-2183, 2019) bill. Failure to dispute the amount of the fee in accordance with this section shall be deemed acceptance of the 3.38.100 Payment of fees-owner responsibility. correctness of the fee. (Ord. 19-2183, 2019) The owner of any parcel is and shall be responsible for payment of any and all Clean Water and Storm Protection 3.38.150 Fiscal accountability. fees applicable to parcels owned by him or her. It shall be A. The City shall retain an independent auditor to and is hereby made the duty of each such owner to provide conduct an annual audit of the Clean Water and Storm to the Finance Director information sufficient to calculate Protection Fee and environmental management/clean creeks the land area of the parcels within thirty days after request fund as part of its comprehensive annual financial report. 2019 S-73 3.38.150 Cupertino-Revenue and Finance 48 The auditor shall include an accounting of the revenue management/clean creeks fund. Notwithstanding the received from the fee and expenditures thereof in the audited provisions of Section 3.38.140,any claim for refund for fees financial statements. The auditor's report shall be presented collected under Section 3.38.070 must be made within one to the City Council and made available to the public. The year after the date bills for taxes are received by the owner. Director of Administrative Services or the Director of The City shall not be liable for interest or any amount Public Works shall prepare and present to the City Council determined to be refundable. (Ord. 19-2183, 2019) an annual report in conjunction with the annual audit that reviews the status and performance of the programs, 3.38.180 Inspection of parcels authorized. services and projects funded wholly or partially with The Director of Public Works, the Finance Director proceeds of the Clean Water and Storm Protection Fee. and their authorized representatives are hereby given power B. The City Council shall either select a citizen's and authority to enter upon and within any parcels to oversight committee or assign oversight duties to a ascertain the nature of such parcels;to inspect,observe, and pre-existing oversight committee to review and report review the benefit received from the storm drain system as annually on the receipt of revenue and expenditure of funds may be allowed by law. (Ord. 19-2183, 2019) from the storm drainage service charge fund authorized by this chapter. (Ord. 19-2183, 2019) 3.38.190 Payment of delinquent fees-city enforcement powers. 3.38.160 Special fund-restricted use of revenues. A. Notwithstanding other remedies, in the event of A. All revenues collected pursuant to the provisions the failure of any owner to pay when due any Clean Water of this chapter shall be placed into a special fund, which is and Storm Protection fees applicable to parcels owned by known as the "environmental management/clean creeks such owner, the City may enforce payment of such fund," created by Section 3.36.170 of Chapter 3.36 of the delinquent fees by instituting action in any court of Municipal Code (Storm Drainage Service Charge). Such competent jurisdiction to collect any fees which may be due revenues may be used for the purpose specified in Section and payable in the same manner as any other debts owing to 3.38.010,and for no other purpose;provided,however,that the City may be collected. moneys deposited in the fund may be used for direct and B. Any and all delinquent payments may be placed administrative costs of the City in collecting the Clean Water on the tax roll, and collected with property taxes, as and Storm Protection fees imposed by this part and for direct provided in Section 3.38.070. and indirect overhead costs of the City in performing any C. Such other action may be taken as may be tasks, including, but not limited to, calculation of the authorized by law and by the City Council. benefits received by properties from the storm drainage D. Remedies under this section are in addition to and system. do not supersede or limit any and all other remedies, civil B. As used in this section, "direct costs" means and criminal. (Ord. 19-2183, 2019) wages and salaries and costs of employee fringe benefits incurred by the City, and mileage reimbursement attributable to said collection activities. As used in this section, "administrative costs"includes,but is not limited to all costs for computer service, materials, postage, supplies and equipment. C. Notwithstanding subsections 3.38.160A and 3.38.160B, interest on revenues in the environmental management / clean creeks fund may be credited to the general fund of the City or to any other fund in the discretion of the City Council. (Ord. 19-2183, 2019) 3.38.170 Refunds. Whenever any refunds should become owing by virtue of any relief granted by the City Council pursuant to the provisions of Section 3.38.140 or by virtue of any error made in ascertaining the fee applicable to any parcels, the Finance Director is authorized to make such refunds and to expend for such purpose the moneys in the environmental 2019 S-73 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 Add Ch. 14.02, Transportation Impact marijuana cultivation and cultivation Fee Program(14.02) I 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) 17-2161 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 17-2162 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 Adds Ch. 10.05, Social Host conditional uses, and single story Responsibility(10.05) overlay district process (19.12, 19.20, 18-2173 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 zones (11.27) 18-2174 Amends §§ 3.12.010 through 3.12.030 17-2164 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) waste(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 18-2176 Amends § 11.27.145 regarding 19.40.050, 19.40.060, 19.60.030, and preferential parking zones (11.27) 19.64.020, and 19.112.030, and 18-2177 Amends §§ 19.12.030, 19.16.010, and §§ 19.116.030 through 19.116.060 20.04.040 regarding adoption and ' regarding property maintenance, implementation of Vallco Town Center administration, accessory dwelling Specific Plan(19.12, 19.16, 20.04) units, definitions, agricultural and 18-2178 Rezone(Special) E agricultural-residential zones, 18-2179 Approves development agreement i multiple-family residential zones, between city and Vallco Property residential hillside zones, general Owner, LLC (Special) (Repealed by commercial zones, permitted, 19-2184) conditional and excluded uses, and j conversions of apartment projects to I 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) 2019 S-72 Cupertino-Comprehensive Ordinance List 46 Ord. No. 18-2180 Repeals §2.40.030 and amends §§2.32.020, 2.32.060, 2.36.020, 2.36.070, 2.36.080, 2.60.020, 2.60.060, 2.68.020, 2.68.060, 2,74.020, 2.74.050, 2.80.020, 2.80.070, 2.84.020, 2.84.070, 2.86.030, 2.86.090, 2.88.030, 2.88.090, 2.90.080, 2.92.020, 2.92.070, 2.94.020 and 2.94.070 regarding terms of office and records for various City Commissions (2.32, 2.36, 2.40, 2.60, 2.68, 2.74, 2.80, 2.84, 2.86, 2.88, 2.90, 2.92 and 2.94) 18-2181 Adds Ch. 2.95, Teen Commission (2.95) 19-2182 Amends §2.80.010 regarding the number of members of the Fine Arts Commission(2.80) 19-2183 Adds Ch. 3.38 regarding clean water and storm protection fee(3.38) 19-2184 Repeals Ord. 18-2179 that approved a development agreement between the city and Vallco Property Owner, LLC 19-2185 Amends §§ 2.86.010 and 2.86.020 regarding the Housing Commission (2.86) ' 2019 S-73 7 Index Revise Section 1905.1.7 ACI 318, Section 14.1.4 Transfer 5.04.150 16.05.210 Violation, penalty Roof covering classification 16.04.080 generally 5.04.500 Swimming pools 16.04.400 remedies cumulative 5.04.510 Wildfire exposure, exterior 16.04.070 --C -- BUILDING CONSERVATION CODE Adopted 16.60.010 CABLE TELEVISION ADVISORY COMMITTEE Name insertion 16.60.020 See TELECOMMUNICATIONS COMMISSION BUILDING MATERIAL YARD CABLE AND VIDEO SERVICES Business license Audit authority 6.28.060 See also BUSINESS LICENSE Customer service requirement 6.28.070 fee 5.04.350 Franchise fee and PEG fee 6.28.050 Franchise required 6.28.030 BUSINESS LICENSE Grant of authority 6.28.030 Adjustments, interstate commerce 5.04.100 Intent and purpose 6.28.020 Appeal 5.04.480 Police power 6.28.040 City council powers, duties 5.04.060 Short title 6.28.010 1 Collector powers, duties 5.04.070 Use of streets 6.28.080 y Deemed debt to city 5.04.240 Definitions 5.04.030 CAFETERIA Duplicate 5.04.170 See RESTAURANT 3 Effect of provisions 5.04.490 Evidence of doing business 5.04.090 CALIFORNIA WATER SERVICE Exemption See FRANCHISE application 5.04.120 generally 5.04.110 CAT Imposed 5.04.280 See ANIMAL Interest, penalties 5.04.250 Interpretation of provisions 5.04.050 CIGARETTE, TOBACCO VENDING MACHINES Issuance, expiration 5.04.210 Public places Overpayment refund 5.04.230 permitted where, restrictions 10.27.040 Payment due when 5.04.200 prohibitions generally 10.27.030 Posting, display required 5.04.140 Purpose, intent of provisions 10.27.020 Purpose of provisions 5.04.020 Title of provisions 10.27.010 Reclassification 5.04.470 Violation, penalty 10.27.050 Renewal 5.04.160 Required 5.04.080 CIRCULAR Revocation 5.04.120 See ADVERTISEMENT Separate businesses, same location, separate licenses required 5.04.130 CIRCUS Statements Business license deemed not conclusive, See also BUSINESS LICENSE confidentiality 5.04.260 fee 5.04.340 extension for filing 5.04.270 failure to file 5.04.190 CITY verification, audit 5.04.180 Officials Tax increase, automatic, consumer price index See Specific Officer $ 5.04.460 Terminology of provisions 5.04.040 Title of provisions 5.04.010 i 2019 S-73 Cupertino-Index 8 CITY COUNCIL/CITY STAFF RELATIONSHIPS Department Council and Council members 2.17.030 See DEPARTMENTAL ORGANIZATION Council policy 2.17.033 Deputy, appointment 2.20.110 Council power 2.17.031 Election date change Individual Council members 2.17.032 copy filing 2.76.020 Information 2.17.034 voter notification 2.76.030 Intent and purpose 2.17.020 Employees' retirement system execution 2.56.020 Preamble 2.17.010 Nuisance abatement lien certificate, issuance Staff 2.17.040 1.09.140 Execution of Council direction 2.17.041 Oath of office, bond 2.20.040 Timely response 2.17.043 Oaths, affirmations administration 2.20.070 Undue influence 2.17.042 Other duties 2.20.080 Recordkeeping CIVIL DEFENSE accounting duties transferred 2.20.020 See DISASTER COUNCIL duty 2.20.010 ordinances 2.20.030 CLAIMS AGAINST THE CITY Storm drainage service charge collection Authority 1.18.010 duties 3.36.080 Claim prerequisite to suit 1.18.025 Transient occupancy tax appeal hearing Claims required 1.18.015 notice 3.12.100 Exhaustion of administrative remedies 1.18.040 Weed abatement, assessment, notice Form of claim 1.18.020 posting 9.08.080 Suit 1.18.030 CODE CLEAN WATER AND STORM PROTECTION FEE Adopted 1.01.010 Annual review of fee 3.38.040 Authority 1.01.030 Collection of fees omitted from tax Constitutionality 1.01.090 roll-billing 3.38.090 Construction 1.04.040 Definitions 3.38.020 Definitions 1.04.010 Determination and imposition of fee for fiscal Effective date 1.01.080 year 2019-20 3.38.030 Effect, past actions, obligations 1.01.070 Disputed fees 3.38.140 Enforcement officer Effective date of fees 3.38.060 See CODE ENFORCEMENT OFFICER Fees collected with general taxes 3.38.070 Fire Fiscal accountability 3.38.150 See FIRE CODE Inspection of parcels authorized 3.38.180 Grammatical interpretation 1.04.020 Payment of balance of fee 3.38.080 Headings, not limiting 1.01.050 Payment of delinquent fees- city enforcement Penalty powers 3.38.190 designated 1.12.010 Payment of fees nuisance abatement 1.12.030 Delinquency date 3.38.120 separate offenses 1.12.020 Location 3.38.110 Prohibited acts including causing, Owner responsibility 3.38.100 permitting 1.04.030 Penalty for delinquency 3.38.130 References Purpose of the fee-limitation of use 3.38.010 applicable to amendments 1.01.040 Refunds 3.38.170 application to corresponding Special fund-restricted use of revenues 3.38.160 ordinances 1.01.060 Various actions 3.38.050 title, citation 1.01.020 Repeal shall not revive any ordinances 1.04.050 CLERK, CITY Appointment 2.20.100 CODE ENFORCEMENT OFFICER City seal custodian 2.20.050 Inspection, right of entry Conflict of interest 2.64.020 See INSPECTION Construction prohibition appeal notice 10.48.060 Office created 2.30.010 Warrantless arrest authority 2.30.020 2019 S-73 27 Index Definitions 3.36.020 limitations on point of discharge 9.18.030 Delinquent permitted pursuant to NPDES permits 9.18.080 See Payment storm drain, prohibited 9.18.040 Disputed charges Inspections See also Adjustments, conditions inspection and maintenance easement 9.18.200 procedure 3.36.150 inspection and verification Effective date 3.36.070 responsibility 9.18.170 Exemptions 3.36.040 inspections by City 9.18.195 Fund Penalties See STORM DRAINAGE SERVICE CHARGE administrative 9.18.260 FUND civil 9.18.230, 9.18.240 Imposed, determination, applicability 3.36.030 Purpose of chapter 9.18.010 Payment Severability 9.18.270 See also Collection Stormwater pollutant source controls Disputed charges and BMPs 9.18.210 delinquency Stormwater pollution prevention plan 9.18.090 See also due date agreement to maintain stormwater treatment enforcement 3.36.200 systems and best management penalty 3.36.140 practices 9.18.160 due date 3.36.130 design standards for 9.18.110 location 3.36.120 failure to maintain 9.18.190 owner responsibility 3.36.110 litter prevention and enforcement 9.18.215 Premises inspection, scope, authority 3.36.190 low impact development requirements 9.18.130 Purpose, limitations of provisions 3.36.010 permanent measures required for Refunds, conditions 3.36.180 development and redevelopment Revenues, use, limitations 3.36.170 projects 9.18.100 i Review records of maintenance and inspection measurement, analysis methods report activities 9.18.180 3.36.060 stormwater management plan required for procedure generally 3.36.050 regulated projects 9.18.120 ° Use stormwater treatment measure operation See Revenues, use, limitations and maintenance responsibility 9.18.150 trash load reductions 9.18.115 STORM DRAINAGE SERVICE CHARGE FUND Violation 9.18.220 Created, purpose, use 3.36.170 notice of 9.18.250 STORM PROTECTION FEE STREET IMPROVEMENT See CLEAN WATER AND STORM PROTECTION Agreement FEE deferred See Deferred agreement STORMWATER POLLUTION PREVENTION AND installation WATERSHED PROTECTION See Installation agreement Administration 9.18.015 reimbursement Administrative penalties, payment of funds See Reimbursement agreement to account 9.18.260 Appeals 14.04.240 Civil penalty Applicability of provisions 14.04.020 for illicit discharges, payment of funds Chapter conformance required 14.04.250 to account 9.18.240 Credit for violation,payment of funds prior improvements 14.04.150 to account 9.18.230 purpose 14.04.100 Definitions 9.18.020 Dedication Discharge determination by class 14.04.140 i accidental requirements 14.04.130 notification of discharge 9.18.070 time, purpose 14.04.050 protection from 9.18.060 2019 S-73 Cupertino-Index 28 Deferred agreement damage to existing facilities 14.08.170 See also In-lieu payment, deferred agreement definitions 14.08.010 generally deposit purpose 14.04.080 release or revision 14.08.150 Exceptions 14.04.230 security required 14.08.070 Fees 14.04.190 emergency encroachments 14.08.200 In-lieu payment fees 14.08.060 See also In-lieu payment, deferred agreement indemnification 14.08.080 See also obstructions a public nuisance 14.08.220 generally ongoing use of right-of-way 14.08.160 purpose 14.04.070 pavement preservation 14.08.040 schedule 14.04.180 penalties 14.08.230 In-lieu payment, deferred agreement generally permit 14.04.060 appeals 14.08.240 Installation agreement, bond, other securities application process 14.08.050 14.04.170 approval and issuance 14.08.090 Interim 14.04.090 display 14.08.120 Legal description required 14.04.220 exceptions to requirement 14.08.030 Permit, preceding extension 14.08.140 conditions 14.04.160 notices 14.08.100 purpose 14.04.110 required 14.08.020 Preceding permit term 14.08.100 See Permit,preceding transfer 14.08.190 Purpose, intent 14.04.030 validity 14.08.110 Reimbursement agreement rules and regulations, adherence 14.08.180 funds disposition 14.04.176 security required 14.08.070 required 14.04.175 Soliciting on l Reimbursement charges definitions 10.80.010 applicability 18.56.010 no vehicle solicitation zone 10.80.030 charges additional 18.56.070 prohibited 10.80.020 cost of land, interest 18.56.040 violation, penalty 10.80.040 funds, disposition 18.56.050 Street improvements land acquisition, cost, interest 18.56.060 See STREET IMPROVEMENT purpose of provisions 18.56.010 Trees reimbursement agreement 18.56.020 See TREES See also Reimbursement agreement Underground utilities required 18.56.030 See UNDERGROUND UTILITIES rules, regulations, establishment authority 18.56.080 SUBDIVISION Remedies cumulative 14.04.290 Access Requirements generally 14.04.040 direct access Rules, regulations 14.04.120 See Street Standard specifications 14.04.200 requirements 18.32.120 Street, highway width 14.04.210 Alley dedication Violation See Street nuisance 14.04.260 Amendment penalty 14.04.280 See Map utility connection denial 14.04.270 Applicability of provisions 18.04.040 Attorney responsibilities 18.08.020 STREETS AND SIDEWALKS Certificate of correction See also SUBDIVISION See Map Encroachment Citation 18.04.010 abandonment or removal of facilities from Community development department right-of-way 14.08.210 responsibilities 18.08.050 bond or deposit, release 14.08.150 Compliance construction requirements 14.08.130 certificate of compliance issuance 18.48.030 2019 S-73