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2020 S-75 Supplement CUPERTINO, CALIFORNIA Instruction Sheet 2020 S-75 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 5: BUSINESS LICENSES AND REGULATIONS 1, 2 1, 2 — 33 through 38 TITLE 10: PUBLIC PEACE, SAFETY AND MORALS 1, 2 1, 2 17, 18 17, 18 TITLE 13: PARKS 9 through 12 9 through 12 TITLE 16: BUILDINGS AND CONSTRUCTION 1 through 14B 1 through 14B 31 through 36 31 through 36 45 through 64 45 through 66 91, 92 91, 92 94A, 94B 94A, 94B — 96A through 96F TITLE 18: SUBDIVISIONS 23 through 28 23 through 28 TITLE 19: ZONING 143, 144 143, 144 Cupertino, CA - Instruction Sheet 2 REMOVE OLD PAGES INSERT NEW PAGES COMPREHENSIVE ORDINANCE LIST 27, 28 27, 28 43 through 46 43 through 46 INDEX 6A through 16 6A through 16 17, 18 17, 18 21 through 26 21 through 26 33 through 36 33 through 36 LMB (1-2020) CITY OF C PERTINO, CALIFORNIA MUNICIPAL CODE S-75 Supplement contains: Local legislation current through Ordinance 19-2194, passed 12-18-2019 COPYRIGHT © 2020 AMERICAN LEGAL PUBLISHING CORPORATION TITLE 5: BUSINESS LICENSES AND REGULATIONS Chapter 5.04. Business Licenses Generally 5.16 Garage and Patio Sales 5.20 Solicitors 5.28 Taxicabs 5.32 Bingo 5.40 Secondhand Dealers and Pawnbrokers 5.48 Mobile Vendor Permits 5.50 Regulating the Sale of Tobacco Products 1 2020 S-75 Cupertino-Business Licenses and Regulations 2 5.50.010 CHAPTER 5.50: REGULATING THE SALE OF TOBACCO PRODUCTS Section 5.50.010 Intent. relatives,related companies or partners, or a sale for which 5,50.020 Definitions. a significant purpose is avoiding the effect of the violations 5.50.030 Requirements and prohibitions. of this chapter is not an arm's length transaction. 5.50.040 Eligibility requirements for a permit. (b) "Designee" means the agency selected or 5.50.050 Application procedure. designated by the city to enforce and/or administer the 5.50,060 Issuance of permit. provisions of this chapter. 5,50.070 Permit term, renewal, and expiration. (c) "Ownership" means possession of a ten percent 5.50.080 Permits nontransferable. or greater interest in the stock, assets, or income of a 5,50.090 Permit conveys a limited, conditional business, other than a security interest for the repayment of privilege. debt. 5.50.100 Fees. (d) "School" means a public or private elementary, 5.50.110 Compliance monitoring. middle,junior high or high school. 5.50,120 Prevention of underage sales. (e) "Retailer" means any person who sells, 5,50.130 Penalties for a violation by a retailer with exchanges, or offers to sell or exchange, for any form of a permit. consideration, tobacco products. "Retailing"shall mean the 5.50,140 Penalties for retailing without a permit. doing of any of these things. This definition is without 5.50.150 Appeals. regard to the quantity of tobacco products sold, exchanged, 5.50.160 Enforcement. or offered for sale or exchange. (f) "Tobacco product" means: (1) Any product subject to: 21 U.S.C. § 387 et seq. 5.50.010 Intent. ("Subchapter IX")of the Federal Food,Drug,and Cosmetic (a) This chapter is adopted to: Act (See 21 U.S.C. § 387a(b)) ("products subject to (1) Ensure compliance with the business standards Subchapter DU);or 21 C.F.R. §§1100.1-1100.3("tobacco and practices of the city; products subject to Subchapter IX"). Products subject to (2) Encourage responsible retailing of tobacco Subchapter IX include, but are not limited to, cigarettes, products; cigarette tobacco, roll-your-own tobacco, smokeless (3) Discourage violations of laws related to tobacco tobacco, cigars, pipe tobacco, waterpipe tobacco, and products,especially those that prohibit or discourage the sale electronic nicotine delivery systems(such as,but not limited or distribution of tobacco products to persons under to, electronic cigarettes, electronic cigars, electronic twenty-one; and hookahs, vape pens, personal vaporizers, and electronic (4) Protect the public health and welfare. pipes). Products subject to Subchapter IX also include (b) This chapter does not expand or reduce the degree components or parts of tobacco products, such as, but not to which the acts regulated by federal or state law are limited to, liquids that are for use in an electronic nicotine criminally proscribed or alter the penalties provided by such delivery system and that contain tobacco or nicotine or are laws. (Ord. 19-2190, § 1 (part), 2019) derived from tobacco or nicotine ("e-liquids"), vials that contain e-liquids, and atomizers. Products that are not 5.50.020 Definitions. subject to Subchapter IX include accessories of tobacco For the purposes of this chapter,the following definitions products,such as,but not limited to,ashtrays,spittoons,and shall apply: conventional matches and lighters that solely provide an (a) "Arm's length transaction"means a sale in good external heat source to initiate but not maintain combustion faith and for valuable consideration that reflects the fair of a tobacco product. market value in the open market between two or more (2) Any product for use in an electronic nicotine i informed and willing parties, neither of which is under any delivery system, whether or not it contains tobacco or compulsion to participate in the transaction. A sale between nicotine or is derived from tobacco or nicotine. (Ord. 19-2190, § 1 (part), 2019) 33 2020 S-75 I' 5.50.030 Cupertino -Business Licenses and Regulations 34 5.50.030 Requirements and prohibitions. (1) No retailer shall sell a tobacco product . (a) Permit required. It shall be unlawful for any containing, as a constituent or additive, an artificial or person to act as a retailer of tobacco products in the city natural flavor or aroma(other than tobacco) or an herb or without first obtaining and maintaining a valid retailer spice, including strawberry, grape, orange, clove, permit pursuant to this chapter for each location at which cinnamon, pineapple, vanilla, coconut, licorice, cocoa, that activity is to occur. Tobacco product retailing without chocolate, cherry, or coffee, that is a characterizing flavor a valid tobacco retailer permit is a nuisance as a matter of or aroma of the tobacco product, smoke or vapor produced law. by the tobacco product. (b) Lawful business operation. It shall be a violation (2) A tobacco product shall be subject to a rebuttable of this chapter for any retailer to violate any local, state, or presumption that the product is prohibited by paragraph(1) federal law applicable to tobacco products or the retailing of of this subsection(h) if: such products. (A) The product's manufacturer or any other person (c) Display of permit. Each current retailer permit associated with the manufacture or sale of tobacco products shall be prominently displayed in a publicly visible place at makes or disseminates public statements or claims to the the permitted location. effect that the product has or produces a characterizing (d) Notice of minimum age for purchase of tobacco flavor or aroma, other than tobacco; or products.Retailers shall post conspicuously, at each point of (B) The product's label, labeling, or packaging purchase, a notice stating that selling tobacco products to includes a statement or claim—including any text and/or anyone under twenty-one years of age is illegal and subject images used to communicate information—that the product to penalties. Such notice shall be subject to the approval of has or produces a characterizing flavor or aroma other than the city or its designee. tobacco. (e) Positive identification required. No retailer shall (i) Vending machines prohibited.No tobacco product sell or transfer a tobacco product to another person who shall be sold, offered for sale, or distributed to the public appears to be under thirty years of age without first from a vending machine or appliance, or any other coin or examining the customer's identification to confirm that the token operated mechanical device designed or used for customer is at least the minimum age required under state vending purposes,including,but not limited to,machines or f law to purchase and possess the tobacco product. devices that use remote control locking mechanisms. (f) False and misleading advertising prohibited. A 0) Prohibition on sale or distribution of tobacco retailer either without a valid retailer permit or with a products to persons under twenty-one years. No retailer suspended retailer permit: shall sell, offer for sale, or distribute any tobacco product to (1) Shall keep all tobacco products out of public any individual who is under twenty-one years of age. (Ord. view. 19-2190, § 1 (part), 2019) (2) Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of 5.50.040 Eligibility requirements for a permit. such products from the retailer's location or that could lead (a) No retailer permit may be issued to authorize a reasonable consumer to believe that tobacco products can retailing at other than a fixed location. For example, be obtained at that location. retailing by persons on foot or from vehicles is prohibited. (g) Limitation on storefront advertising. No more (b) No retailer permit may be issued to authorize than fifteen percent of the square footage of the windows retailing at a temporary or recurring temporary event. For and clear doors of an establishment used for retailing shall example, retailing at flea markets and farmers' markets is bear advertising or signs of any sort, and all advertising and prohibited. signage shall be placed and maintained in a manner that (c) No retailer permit may be issued to authorize ensures that law enforcement personnel have a clear and retailing at any location where the profession of pharmacy unobstructed view of the interior of the premises, including is. practiced by a pharmacist licensed by the State of the area in which the cash registers are maintained,from the California in accordance with the Business and Professions exterior public sidewalk or entrance to the premises. Code and where prescription drugs are offered for sale. However, this latter requirement shall not apply to an (d) No retailer permit may be issued to authorize establishment where there are no windows, or where retailing at any location within one thousand feet of a existing windows are located at a height that precludes a school, as measured by a straight line between any point view of the interior of the premises by a person standing along the property line of any parcel on which a school is outside the premises. located and any point along the perimeter of the applicant's (h) Flavored tobacco products. proposed business location; provided, however, that the w., prohibition contained in this subsection(d)shall not apply to the following: 2020 S-75 35 Regulating the Sale of Tobacco Products 5.50.040 1 An retailer of tobacco products operating 1 The information resented in the application is O Y P P g O P PP � I lawfully on the date immediately prior to this chapter inaccurate or false. I becoming effective; and (2) The application seeks authorization for retailing (2) Any lawfully operating retailer of tobacco at a location for which this chapter prohibits issuance of a products that would otherwise become ineligible to receive retailer permit. I or renew a retailer permit due to the creation or relocation (3) The application seeks authorization for retailing of a school. by a person to whom this chapter prohibits issuance of a (e) No retailer permit may be issued to authorize retailer permit. retailing at a location which is within five hundred feet of a (4) The application seeks authorization for retailing i location occupied by another retailer, as measured by a that is prohibited pursuant to this chapter (e.g., mobile i straight line between any point along the perimeter of an vending) or that is unlawful pursuant to any other law. existing retailer's business location and any point along the (b) A retailer permit shall be revoked if the city or its perimeter of the applicant's proposed business location, designee finds that one or more of the bases for denial of a provided, however, that the prohibition contained in this retailer permit under this chapter existed at the time subsection(e)shall not apply to existing retailers of tobacco application was made or at any time before the retailer products operating lawfully on the date immediately prior to permit issued. Such a revocation shall be without prejudice this chapter becoming effective. to the filing of a new permit application. (f) Any exemption granted to a retailer pursuant to (c) A decision to deny issuance of a retailer permit or this chapter shall cease to apply upon the earlier of the to revoke a retailer permit that has been wrongly issued may following to occur: be appealed pursuant to this chapter. (Ord. 19-2190, § 1 (1) The retailer fails to timely renew the retailer (part), 2019) permit pursuant to this chapter. (2) A new person obtains ownership in the business. 5.50.070 Permit term, renewal, and expiration. (Ord. 19-2190, § 1 (part), 2019) (a) Term of permit. The term of a retailer permit is one year. A retailer permit is invalid upon expiration. 5.50.050 Application procedure. (b) Renewal of permit. The city or its designee shall (a) It is the responsibility of each retailer to be renew a valid retailer permit upon timely payment of the informed of all laws applicable to retailing, including those annual permit fee. The city or its designee may, in its laws affecting the issuance of a retailer permit. No retailer discretion,agree to renew any expired retailer permit within may rely on the issuance of a retailer permit as a the three-month period following expiration if the retailer determination by the city that the retailer has complied with pays the annual permit fee and applicable late charges. For all laws applicable to retailing. A retailer permit issued every calendar month, or fraction thereof, that a retailer contrary to this chapter,contrary to any other law, or on the fails to renew an expired retailer permit, a late charge equal basis of false or misleading information supplied by a to twenty percent of the annual permit fee shall be assessed. retailer shall be revoked pursuant to this chapter. A retailer permit renewed within three calendar months of (b) All retailer permit applications shall be submitted expiration shall be treated as if timely renewed. on a form supplied by the city or its designee to implement (c) Issuance of permit after revocation or expiation this chapter. of permit. To apply for a new retailer permit more than (c) A permitted retailer shall inform the city or its three calendar months after expiration of a retailer permit or designee in writing of any change in the information following revocation of a retailer permit that was wrongly submitted on an application for a retailer permit within issued, a retailer must submit a complete application for a fourteen calendar days of a change. retailer permit, along with the application fee and annual (d) All information specified in an application permit fee. The city or its designee shall issue a retailer pursuant to this chapter shall be subject to disclosure under permit pursuant to the requirements of this chapter. (Ord. the California Public Records Act (Government Code 19-2190, § 1 (part), 2019) Section 6250 et seq.)or any other applicable law, subject to any exemptions. (Ord. 19-2190, § 1 (part), 2019) 5.50.080 Permits nontransferable. (a) A retailer permit may not be transferred from one 5.50.060 Issuance of permit. person to another or from one location to another.Whenever (a) Upon the receipt of a complete application for a a new person obtains ownership in a business for which a retailer permit, the application fee, and the annual permit retailer permit has been issued, a new retailer permit shall fee, the city or its designee shall issue a retailer permit be required, but any exemption granted pursuant to Section unless substantial evidence demonstrates that one or more of 5.50.040(d) or(e) shall cease to apply. the following bases for denial exists: 2020 S-75 5.50,080 Cupertino -Business Licenses and Regulations 36 (b) Notwithstanding any other provision of this 5.50.120 Prevention of underage sales. chapter, prior violations of this chapter at a location shall (a) The city or its designee shall check each retailer continue to be counted against a location and permit to determine whether the retailer is conducting business in ineligibility and suspension periods shall continue to apply a manner that complies with laws regulating youth access to to a location unless: tobacco products. Nothing in this paragraph shall create a (1) One hundred percent of the interest in the stock, right of action in any retailer or other person against the city assets, or income of the business, other than a security or its agents. interest for the repayment of debt, has been transferred to (b) The city or its designee shall not enforce any law one or more new owners; and establishing a minimum age for tobacco product purchases (2) The city or its designee is provided with clear and against a person who otherwise might be in violation of such convincing evidence,including an affidavit,that the business law because of the person's age ("youth decoy") if the has been acquired in an arm's length transaction. (Ord. potential violation occurs when: 19-2190, § 1 (part), 2019) (1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement 5.50.090 Permit conveys a limited, conditional official of the city or its designee; privilege. (2) The youth decoy is acting as an agent of a person Nothing in this chapter shall be construed to grant any designated by the city or its designee to monitor compliance person obtaining and maintaining a retailer permit any status with this chapter; or or right other than the limited, conditional privilege to act as (3) The youth decoy is participating in a compliance a retailer at the location in the city identified on the face of check funded in part, either directly or indirectly through the permit. (Ord. 19-2190, § 1 (part), 2019) subcontracting,by the city,or the California Department of Public Health. (Ord. 19-2190, § 1 (part), 2019) 5.50.100 Fees. The city or its designee shall not issue or renew a 5.50.130 Penalties for a violation by a retailer with a retailer permit prior to full payment of any applicable fees. permit. The city shall, from time to time, establish by resolution or (a) In addition to any other penalty authorized by ordinance the fees to issue or to renew a retailer permit.The law, an administrative fine shall be imposed and a retailer fees shall be calculated so as to recover the cost of permit shall be suspended if any court of competent administration and enforcement of this chapter, including, jurisdiction determines, or the city or its designee finds for example, issuing a permit, administering the permit based on a preponderance of the evidence, after the retailer program, conducting retailer education,performing retailer is afforded notice and an opportunity to be heard, that the inspection and compliance checks, documenting violations, retailer, or any of the retailer's agents or employees, has and prosecuting violators, but shall not exceed the cost of violated any of the requirements,conditions,or prohibitions the regulatory program authorized by this chapter. All fees of this chapter,has pled guilty, "no contest"or its equivalent and interest earned from such fees shall be used exclusively to such a violation, or has admitted to such a violation. to fund administration and enforcement of this chapter. (b) Amount of fine. Each such violation shall be (Ord. 19-2190, § 1 (part), 2019) subject to an administrative fine as follows: (1) A fine not to exceed one hundred dollars 5.50.110 Compliance monitoring. ($100.00) for a first violation; (a) Compliance with this chapter shall be monitored (2) A fine not to exceed two hundred dollars by the city or its designee. In addition, any peace officer ($200.00) for a second violation within a twelve-month may enforce the penal provisions of this chapter. The City period; and Manager may designate any number of additional persons to (3) A fine not to exceed five hundred dollars monitor and facilitate compliance with this chapter. ($500.00) for each additional violation within a (b) The city or its designee shall check each retailer twelve-month period. at least once per twelve-month period to determine if the (c) Time period for permit suspension. retailer is complying with all laws applicable to retailing, (1) For a first violation of this chapter at a location other than those laws regulating underage access to tobacco within any twenty-four-month period, the retailer permit products. Nothing in this paragraph shall create a right of shall be suspended for up to thirty calendar days. action in any retailer or other person against the city or its (2) For a second violation of this chapter at a location agents. (Ord. 19-2190, § 1 (part), 2019) within any twenty-four-month period, the retailer permit shall be suspended for up to ninety calendar days. 2020 S-75 37 Regulating the Sale of Tobacco Products 5.50.130 (3) For each additional violation of this chapter at a (2) For a second violation of this chapter at a location location within any twenty- four-month period, the retailer within any twenty-four-month period,no new retailer permit permit shall be suspended for up to one year. may be issued for the person or the location (unless (d) Waiver of penalties for first violation.The city or ownership of the business at the location has been its designee may waive any penalties for a retailer's first transferred in an arm's length transaction) until ninety violation of any requirement,condition or prohibition of this calendar days have passed from the date of the violation. chapter, other than a violation of a law regulating youth (3) For each additional violation of this chapter at a access to tobacco products, if the retailer admits the location within any twenty-four-month period, no new 9 violation in writing and agrees to forego a hearing on the retailer permit may be issued for the person or the location i allegations. Regardless of the city's or its designee's waiver (unless ownership of the business at the location has been of penalties for a first violation, the violation will be transferred in an arm's length transaction)until one year has considered in determining the penalties for any future passed from the date of the violation. violation. (d) Waiver of penalties for first violation.The city or (e) Corrections period. The city or its designee shall its designee may waive any penalties for a retailer's first have discretion to allow a retailer a period of time to correct violation of this chapter,unless the violation also involves a any violation of any requirement,condition or prohibition of violation of a law regulating youth access to tobacco this chapter, other than a violation of a law regulating youth products, if the retailer admits the violation in writing and access to tobacco products. If a retailer's violation is agrees to forego a hearing on the allegations. Regardless of corrected within the time allowed for correction,no penalty the city's or its designee's waiver of penalties for a first shall be imposed under this chapter. violation,the violation will be considered in determining the (f) Appeals. Any penalties imposed under this penalties for any future violation. chapter may be appealed pursuant to Section 5.50.150. (e) Appeals. Any penalties imposed under this (Ord. 19-2190, § 1 (part), 2019) chapter may be appealed pursuant to this section. (Ord. 19-2190, § 1 (part), 2019) 5.50.140 Penalties for retailing without a permit. (a) Administrative fine. In addition to any other 5.50.150 Appeals. penalty authorized by law, an administrative fine and an (a) A decision to deny issuance of a retailer permit, ineligibility period for application or issuance of a retailer to revoke a retailer permit that has been wrongly issued, or permit shall be imposed if a court of competent jurisdiction to impose penalties for a violation of this chapter can be determines, or the city or its designee finds based on a appealed to a hearing officer, subject to the following preponderance of evidence, after notice and an opportunity requirements and procedures. The hearing officer shall be to be heard, that any person has engaged in retailing at a the City Manager or its designee. location without a valid retailer permit, either directly or (b) All appeals must be in writing, state the grounds through the person's agents or employees, has pled guilty, asserted for relief and the relief sought,and be filed with the no contest" or its equivalent to such a violation, or has city or its designee within ten calendar days of receipt of admitted to such a violation. notice of the appealed action. If such an appeal is made, it (b) Amount of fine. Each such violation shall be shall stay enforcement of the appealed action. subject to an administrative fine as follows: (c) No later than fifteen calendar days after receipt of (1) A fine not to exceed one hundred dollars the appeal, the hearing officer shall set an appeal hearing at ($100.00) for a first violation; the earliest practicable time and shall give notice of the (2) A fine not to exceed two hundred dollars hearing to the parties at least ten calendar days before the ($200.00) for a second violation within a twelve-month date of the hearing. P > wad d (d) Neither the provisions of the Administration (3) A fine not to exceed five hundred dollars Procedure Act (Government Code Section 11500 et seq.) ($500.00) for each additional violation within a nor the formal rules of evidence in civil or criminal judicial twelve-month period. proceedings shall apply to such hearing. At the hearing, the (c) Time period for permit ineligibility. hearing officer may admit any evidence, including (1) For a first violation of this chapter at a location witnesses,relevant to the determination of the matter,except d within any twenty-four-month period,no new retailer permit as otherwise provided in Section 5.50.160(c). A record of may be issued for the person or the location (unless the hearing shall be made by any means,including electronic ownership of the business at the location has been recording, so long as a reasonably accurate and complete 9 transferred in an arm's length transaction) until thirty written transcription of the proceedings can be made. calendar days have passed from the date of the violation. 2020 S-75 5.50.150 Cupertino -Business Licenses and Regulations 38 (e) The hearing officer may continue the hearing from time to time, in his or her sole discretion,to allow for orderly completion of the hearing. (f) After the conclusion of the hearing, the hearing officer shall issue a written decision, which shall be supported by substantial evidence. Notice of the written decision,including findings of facts,conclusions of law,and notification of the time period in which judicial review may be sought pursuant to Code of Civil Procedure Section 1094.6, shall be served upon all parties no later than twenty calendar days following the date on which the hearing closed.Any decision rendered by the hearing officer shall be a final administrative decision. (Ord. 19-2190, § 1 (part), 2019) 5.50.160 Enforcement. (a) Any violation of this chapter is hereby declared to be a public nuisance. (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (c) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required over his or her objection to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (d) Violations of this chapter may be remedied by a civil action brought by the city,including,but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product is offered for sale in violation of this chapter, and each individual retail tobacco product that is distributed, sold, or offered for sale in violation of this chapter, shall constitute a separate violation of this chapter. (e) Any person found guilty of violating any provision of this chapter shall be deemed guilty of an infraction,punishable as provided by California Government Code § 36900. (f) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (Ord. 19-2190, § 1 (part), 2019) 2020 S-75 TITLE 10: PUBLIC PEACE, SAFETY AND MORALS Chapter 10.05 Social Host Responsibility 10.10 Conduct in Public Buildings 10.20 Explosives 10.21 Newsracks 10.24 Fireworks 10.26 Regulation of Police Alarm Systems and Devices 10.27 (Reserved) 10.30 Elimination of Bodily Waste in Public Places 10.44 Parades and Athletic Events 10.48 Community Noise Control 10.49 Consumption or Possession of Open Container of Intoxicating Liquors in Public Places 10.52 Distribution of Handbills and Advertisements 10.56 Trespassing Upon Parking Lots, Shopping Center Property Open to the Public 10.60 Regulation of Graffiti 10.68 Curfew 10.76 Firearms Permit 10.80 Solicitation Prohibitions on Designated Public Rights-of-Way 10.84 Medicinal and Adult Use of Marijuana 10.90 Regulation of Smoking 1 2020 S-75 Cupertino- Public Peace, Safety and Morals 2 CHAPTER 10.27: (RESERVED) 17 2020 S-75 Cupertino -Public Peace, Safety and Morals 18 13.08.010 CHAPTER 13.08: PARK LAND DEDICATION FEE Section 0 13.08.010 Purpose. to determine which of the three options above shall be 13.08.020 Definitions. required. (Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, 13.08.030 Applicability. § 1 (part), 2014) 13.08.040 Exceptions and credits. 13.08.050 Park land dedication. 13.08.040 Exceptions and Credits. 13.08.060 Fees in lieu of park land dedication. A. The requirements in this chapter shall not apply 13.08.070 Combination of park land dedication to the following developments: and fee. 1. Subdivisions exempt from park land dedication 13.08.080 Credit for private recreation or open requirements pursuant to Government Code Section 66477. space. B. A credit to the park land dedication or in-lieu fee 13.08.090 Credit for existing dwelling units. requirements may be granted by the approval authority as 13.08.100 General procedures. follows: 1. Senior citizen housing development shall be granted a credit pursuant to Section 13.08.050. 13.08.010 Purpose. 2. Developments that include private'recreation or The purpose of this Chapter is to regulate,in the public open space shall be granted a credit pursuant to Section interest, convenience, health, welfare and safety, the 13.08.080. provision of park and recreational facilities upon 3. Developments including existing dwelling units development for which dedication of land and/or payment of may be granted credit pursuant to Section 13.08.090. (Ord. a fee is required in accordance with the recreation, parks 19-2194, § 3 (part), 2019) and community service element of the adopted General Plan of the City of Cupertino, and any amendments. (Ord. 13.08.050 Park Land Dedication. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014) A. Where dedication of a park or recreational facility is required pursuant to this Chapter,land shall be dedicated 13.08.020 Definitions. per the formula below. "Dwelling unit" or "unit" means a room or group of rooms including living, sleeping, eating, cooking and Park land dedication(in acres) = (Average number of sanitation facilities, constituting a separate and independent persons/DU)x (Park Acreage Standard)x (Number of housekeeping unit, occupied or intended for occupancy on Dwelling Units) a non-transient basis and having not more than one kitchen. "Park land dedication" means land located at ground B. The Park Acreage Standard is three acres of level, dedicated to the city, in fee simple ownership, to the property for each one thousand persons. center of the earth. C. Park land dedication based on development "Senior citizen housing development" means a density: Table 13.08.050 indicates the average park land development as defined in Civil Code Section 51.3 or as dedication required per dwelling unit based on development defined in Civil Code Section 798.76 or 799.5. (Ord. density per the formula above (Section 13.08.050.A). 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014) D. Average number of persons/DU shall be determined pursuant to Table 13.08.050. 13.08.030 Applicability. E. The number of dwelling units is calculated Developments of new dwelling units must address the consistent with Section 13,08,090. increased demands for parks through a park land dedication, F. Standards for dedicated land: To satisfy this a payment of a fee in lieu thereof, or a combination of both, dedication requirement, the park land must be: at the time and according to the standards and formula 1. Located at ground level and dedicated to the City provided in this Chapter 13.08. The City has the discretion in fee simple ownership, to the center of the earth; i 9 2020 S-75 13.08.050 Cupertino-Parks 10 2. At least one contiguous piece of land of at least C. Fair Market Value of land per acre. The Director 0.27 acres in size,excluding hillsides over a ten(10)percent of Public Works shall establish the fair market value of land slope, riparian set back areas and environmental mitigation within the City and update the value on an annual basis in areas; the City's Fee Schedule. The fair market value shall be 3. At least 0.25 acres of the dedicated land must be determined by reference to comparable land within the City. I` gradable to create a flat area of less than five (5) percent As used herein, the term "comparable" means land of slope in any direction; similar size and development potential as the land which 4. All dedicated land must be at least 50 feet wide in would otherwise be dedicated. any horizontal dimension and 0.10 acres in contiguous size. D. Use of Money.The money collected shall be paid The City Council may waive this requirement when doing so to the Treasurer of the City or his or her authorized agent. facilitates the provision of pocket parks or other desirable Such money shall be placed in a special revenue fund which park amenities. shall be known as the "park dedication in-lieu fee fund" and 5. Located adjacent to a street in order to promote shall be used for all purposes allowed by State Law. (Ord. public safety and facilitate policing; and 19-2192, § 3 (part), 2019: Ord. 14-2125, § 1 (part), 2014) 6. Setback areas,private yards,and other open areas required by zoning and/or building ordinances or for streets 13.08.070 Combination of Park Land Dedication and improvements that do not serve the park exclusively, and Fee. shall not be included in the computation of dedicated park or A. The City shall determine whether it accepts park recreational acreage. land dedication,elects to require payment of a fee in lieu, or a combination of both a park land dedication and a fee in Table 13.08.050: Park Land Dedication Formula Table lieu,upon consideration of the public interest, convenience, Density Average Average Park health,welfare, and safety,including,but not limited to,the following: (DU/acre) number of Land Dedication/ 1. Topography,geology,access and location of land persons/DU DU(in acres) in the development available for dedication; 0- 5 3.5 .0105 2. Size and shape of the development and land available for dedication; 5 - 10 2.0 .0060 3. Feasibility of dedication; 4. Adequacy of existing park land in the surrounding 10-20 2.0 .0060 area pursuant to the Recreation, Parks And Community Services Element policies of the General Plan; 20+ 1.8 .0054 5. The number of parcels or units in the Senior Citizen 1.0 .0030 development. Housing B. The determination of the City as to whether land Development shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. (Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part) 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014) 2014) 13.08.080 Credit for Private Recreation or Open 13.08.060 Fees in Lieu of Park Land Dedication. Space. A. General Standard. A. Where private open space for park and 1. A fee in lieu of park land dedication shall be recreational purposes, accessible to all residents in a required, pursuant to the requirements of this Chapter. development, is provided in a proposed development, fifty 2. Subdivisions containing fifty units or less shall percent credit shall be given against the requirement of land pay a fee in lieu of park land dedication except as provided dedication or payment of fees in lieu thereof,if the approval in Govt. Code Section 66477(a), authority finds that it is in the public interest to do so and B. Amount. The amount of the fee shall be equal to that all the standards in Section 13.08.080B,below are met the fair market value of the land prescribed for dedication and findings in Section 13.08.080C can be made. pursuant to Section 13.08.050.The fee shall be calculated as B. That the open space for which credit is given follows: complies with the following standards: 1. Setback areas,private yards,and other open areas In lieu fee = Park land Dedication (in acres)'x (Fair required by zoning and/or building ordinances or for streets j Market Value of land per acre) and improvements that do not serve the park exclusively, ' Calculated pursuant to Section 13.08.050. 2020 S-75 11 Park Land Dedication Fee 13.08.080 shall not be included in the computation of such private open D. Findings. The approval authority shall adopt the space. following written findings and shall require the recordation 2. The total usable open space acreage for the of covenants running with the land to ensure that credited development must be equivalent to the park land dedication elements are maintained, before credit is given: calculated pursuant to Section 13.08.050. 1. That yards, court areas, setbacks, decorative 3. ll land shall be developed for park and landscape areas normally associated with residential site recreational purposes. design and other areas required to remain free and clear by 4. The open space must contain the mandatory zoning and building ordinances and regulations shall not be elements and at least four of the six optional elements included in the computation of such private open space; indicated in Table 13.08.080 below and meet the following 2. That such space is to be wholly or partially owned criteria: and maintained by the future residents of the development a. The combined minimum acreage for a facility and that the private ownership and maintenance of the open with a recreation center and children's play apparatus area space is adequately provided for by recorded written is 1.3 acres. agreement, conveyance or restrictions; b. The minimum combined acreage for a facility not 3. That the use of the private open space is restricted including a recreation center or children's play area is 1.5 for park and recreational purposes by recorded covenant, acres. which runs with the land in favor of the future owners of I property and which cannot be eliminated without the consent Table 13.08.080-Mandatory and Optional Elements for of the City or its successor; private open space 4. That the proposed private open space is Mandatory Element Minimum reasonably adaptable for use for park and recreational Acreage purposes, taking into consideration such factors as size, j shape, topography, geology, access and location; Turfed playfield 0.50 5. That the facilities proposed for private recreation The playfield shall be a single unit or open space are in substantial conformance with General of land which is generally level and free Plan policies. (Ord. 19-2192, § 3 (part), 2019; Ord. of physical barriers which would inhibit 14-2125, § 1 (part), 2014) group play activities. All dedicated land must be at least 50' wide in any 13.08.090 Credit for Existing Dwelling Units. horizontal direction. When dwelling units exist on the property where development is proposed, a credit shall be given against the Optional Elements requirement of land dedication or payment of fees in lieu thereof for the number of units existing. As used herein,the Children's play apparatus area 0.15 term "existing" refers to units which exist at the time of approval of the dwelling units or which were demolished j Recreational community gardens 0.25 within one year prior to the submittal of an application for f Family picnic area 0.25 development of the dwelling units, for which previously park land dedication or fees in lieu thereof have been Game, fitness or sports court area 0.25 collected. For credits applicable to existing units included in proposed subdivisions, see section 18.24.110. (Ord. Accessible swim pool (42' x 75' 0.25 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014) with adjacent deck and lawn areas) Recreation center buildings and 0.15 13.08.100 General Procedures. grounds A. At the time of approval of the dwelling units, the approval authority shall determine whether a park land dedication, a fee in lieu thereof, or a combination of both, C. The approval authority may grant park credit for is required unless a park land dedication or fee has already a combination of the above elements or a combination of the been provided. above elements and other recreation improvements that will B. At the time of building permit issuance or meet the specific recreation needs of a specialized housing recordation of a final subdivision map,whichever is earliest, development, such as a senior housing development, with park land shall be dedicated to the City or the fee in lieu occupancy controlled via a covenant with the City named as thereof shall be paid. a third parry beneficiary. 2020 S-75 13.08.100 Cupertino-Parks 12 C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the building permits,approved as to form by the City Attorney, and shall be recorded prior to final occupancy. D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development. (Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014) 2020 S-75 TITLE 16: BUILDINGS AND CONSTRUCTION Chapter 16.02 Administrative Code 16.04 Building Code 16.06 Residential Code 16.08 Excavations, Grading and Retaining Walls 16.12 Soils and Foundations- Subdivisions 16.16 Electrical Code 16.20 Plumbing Code 16.24 Mechanical Code 16.28 Expedited Permit Process for Small Rooftop Solar Systems 16.32 (Reserved) 16.36 Relocation of Buildings 16.40 Fire Code 16.42 (Reserved) 16.52 Prevention of Flood Damage 16.54 Energy Code 16.56 Uniform Housing Code Adopted 16.58 Green Building Standards Code Adopted 16.60 Building Conservation Code Adopted 16.62 Historical Building Code 16.64 Existing Building Code 16.68 Referenced Standards Code 16.70 Uniform Code for the Abatement of Dangerous Buildings Code Adopted 16.72 Recycling and Diversion of Construction and Demolition Waste 16.74 Wildland Urban Interface Fire Area 16.80 Safety Assessment Placards 1 2020 5-75 Cupertino -Buildings and Construction 2 16.02.010 CHAPTER 16.02: ADNI NISTRATWE CODE Section 16.02.010 Adoption of the 2019 California property from fire and other hazards attributed to the built Building Code, Volume 1, based on environment and to provide safety to fire fighters and the 2018 International Building emergency responders during emergency operations. { Code, Volume 1. B. This title provides for the administration and 16.02.015 Purpose. enforcement of the building, residential, plumbing, 16.02.020 Definitions. mechanical, electrical, fire prevention, energy, housing, 16.02.030 Scope. green building, building conservation and historical codes 16.02.040 Duties and powers of Building adopted by the City of Cupertino. (Ord. 19-2189, § 1 (part), Official. 2019) 16,02.050 Permits. 16.02.060 Submittal documents. 16.02.020 Definitions. 16.02.070 Responsibility of permittee. For the purposes of this chapter the following terms, 16.02.080 Fees. phrases,words,and their derivations shall have the meaning 16.02.090 Inspections. given herein. When not inconsistent with the context,words 16,02.100 Certificate of occupancy. used in the present tense include the future, words in the 16.02.110 Board of Appeals. plural number include the singular number and words in the 16.02.120 Violations. singular number include the plural number. The word 16.02.130 Stop work order. "shall" is always mandatory and not merely directory. A. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. A 16.02.010 Adoption of the 2019 California structure containing less than one hundred and twenty(120) Building Code, Volume 1, based on the square feet of floor space shall not fall within this definition; 2018 International Building Code, B. "Building Official" means the Chief Building Volume 1. Official for the City of Cupertino or authorized designee; A. Except as otherwise provided in this chapter,the C. "City" means the City of Cupertino; provisions of the 2019 California Building Code, Volume 1 D. "Person" means any person, fain, partnership, inclusive, and specified Appendices and each and all of the association, corporation, company or organization of any regulations,provisions,conditions and terms of the code are kind. (Ord. 19-2189, § 1 (part), 2019) referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted,modified or amended by 16.02.030 Scope. this ordinance, and are by such adopted by reference. The provisions of this title shall apply to the B. One (1) copy of each volume of the code construction, alteration, relocation, enlargement, therefore is on file in the office of the Building Official replacement, repair, use and occupancy and demolition of pursuant to Health and Safety Code Section 18942 and are every building,structure and building services equipment of made available for public inspection. (Ord. 19-2189, § 1 every building or structure within the city. ! (part), 2019) Where there is a conflict between a general requirement and a specific requirement, the specific 16.02.015 Purpose. requirement shall be applicable. Where, in any specific A. The purpose of this title is to establish the case, different sections of this code specify different minimum requirements to safeguard to public health, safety materials, methods of construction or other requirements, and general welfare through structural strength, means of the most restrictive shall govern. (Ord. 19-2189, § 1 (part), egress facilities, stability, sanitation, adequate light and 2019) ventilation, energy conservation, and safety to life and 3 2020 S-75 16.02.040 Cupertino-Buildings and Construction 4 16.02.040 Duties and Powers of Building Official. inspections shall be in writing and be certified by a Adopt Section [A] 104.1 of the 2019 California responsible officer of such approved agency or by the Building Code as follows: responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report [A] 104.1 General. The Building Official is hereby upon unusual technical issues that arise, subject to the authorized and directed to enforce the provisions of this approval of the appointing authority. title. The Building Official shall have the authority to render interpretations of the codes identified in this title and Adopt Section [A] 104.5 of the 2019 California to adopt policies and procedures in order to clarify the Building Code as follows: application of its provisions. Such interpretations, policies ; and procedures shall be in compliance with the intent and [A] 104.5 Identification. The Building Official shall purpose for each code. Such policies and procedures shall carry proper identification when inspecting structures or not have the effect of waiving requirements specifically premises in the performance of duties under this code. provided for in the code. Adopt Section [A] 104.6 of the 2019 California Adopt Section [A] 104.2 of the 2019 California Building Code as follows: Building Code as follows: [A] 104.6 Right of entry. Where it is necessary to [A] 104.2 Applications and permits. The Building make an inspection to enforce the provisions of this code,or Official shall receive applications, review construction where the Building Official has reasonable cause to believe documents and issue permits for the erection,and alteration, that there exists in a structure or upon a premises a condition demolition and moving of buildings and structures, inspect which is contrary to or in violation of this code which makes the premises for which such permits have been issued and the structure or premises unsafe, dangerous or hazardous, enforce compliance with the provisions of this code. the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the [A] 104.2.1 Determination of substantially duties imposed by this code,provided that if such structure improved or substantially damaged existing building or premises be occupied that credentials be presented to the and structures in flood hazard areas.For application occupant and entry requested. If such structure or premises for reconstruction, rehabilitation, repair, alteration, is unoccupied, the Building Official shall first make a addition or other improvement of existing buildings or reasonable effort to locate the owner or other person having structures located in flood hazard areas, the building charge or control of the structure or premises and request official shall determine the proposed work constitutes entry. If entry is refused, the Building Official shall have substantial improvement or repair of substantial recourse to the remedies provided by law to secure entry. damage. Where the building official determines that the proposed work constitutes substantial improvement Adopt Section [A] 104.7 of the 2019 California or repair of substantial damage, and where required by Building Code as follows: this code, the building official shall require the building to meet the requirements of Section 1612. [A]104.7 Department records.The Building Official shall keep official records of applications received,permits Adopt Section [A] 104.3 of the 2019 California and certificates issued,fees collected,reports of inspections, Building Code as follows: and notices and orders issued. Such records shall be retained in the official records for the period required for retention [A] 104.3 Notices and orders. The Building Official of public records. shall issue all necessary notices or orders to ensure compliance with this code. Amend Section [A] 104.8 of the 2019 California Building Code as follows: Adopt Section [A] 104.4 of the 2019 California Building Code as follows: [A] 104.8 Liability.The Building Official,member of the board of appeals or employee charged with the [A] 104.4 Inspections. The Building Official shall enforcement of this code,while acting for the jurisdiction in make all of the required inspections,or the Building Official good faith and without malice in the discharge of the duties shall have the authority to accept reports of inspection by required by this code or other pertinent law or ordinance, approved agencies or individuals. Reports of such shall not thereby be civilly or criminally rendered liable 2020 S-75 5 Administrative Code 16.02.040 I personally and is hereby relieved from personal liability for construction not specifically prescribed by this code, any damage accruing to persons or property as a result of provided that any such alternative has been approved. An any act or by reason of an act or omission in the discharge alternative material, design or method of construction shall of official duties. be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent [A] 104.8.1 Legal defense. Any suit or criminal of the provisions of this code, and that the material, method complaint instituted against an officer or employee or work offered is, for the purpose intended, not less than because of an act performed by that officer or the equivalent of that prescribed in this code in quality, employee in the lawful discharge of duties and under strength,effectiveness,fire resistance,durability and safety. the provisions of this code shall be defended by legal Where the alternative material, design or method of representative of the jurisdiction until the final construction is not approved, the building official shall termination of the proceedings. The Building Official respond in writing, stating the reasons why the alternative or any subordinate shall not be liable for cost in any was not approved. action,suit or proceeding that is instituted in pursuance of the provisions of this code. [A]104.11.1 Research reports.Supporting data, where necessary to assist in the approval of materials Adopt Section [A] 104.9 of the 2019 California or assemblies not specifically provided for in this code, Building Code as follows: shall consist of valid research reports from approved sources. [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building [A] 104.11.2 Tests. Whenever there is Official shall be constructed and installed in accordance with insufficient evidence of compliance with the provisions such approval. of this code, or evidence that a material or method does not conform to the requirements of this code, or [_A]104.9.1 Used materials and equipment.The in order to substantiate claims for alternative materials use of used materials which meet the requirements of or methods, the building official shall have the this code for new materials is permitted. Used authority to require tests as evidence of compliance to equipment and devices shall not be reused unless be made without expense to the jurisdiction. Test approved by the Building Official. methods shall be as specified in this code or by other recognized test standards.In the absence of recognized Adopt Section [A] 104.10 of the 2019 California and accepted test methods, the building official shall Building Code as follows: approve the testing procedures. Tests shall be performed by an approved agency. Reports of such [A] 104.10 Modifications. Wherever there are tests shall be retained by the building official for at practical difficulties involved in carrying out the provisions least the period required for retention of public of this code,the Building Official shall have the authority to records. (Ord. 19-2189, § 1 (part), 2019) grant modifications for individual cases,upon application of the owner or owner's representative, provided the Building 16.02.050 Permits. Official shall first find that special individual reason makes Adopt Section [A] 105.1 of the 2019 California the strict letter of this code impractical and the modification Building Code as follows: is in compliance with the intent and purpose of this code and ' that such modification does not lessen health, accessibility, [A] 105.1 Required. Any owner or authorized agent life and fire safety, or structural requirements. The details who intends to construct, enlarge, alter, repair, move, j of action granting modifications shall be recorded and demolish, or change the occupancy of a building or entered in the files of the department of building safety. structure,or to erect,install,enlarge, alter,repair,remove, convert or replace any electrical, gas, mechanical or I�I Amend Section [A] 104.11 of the 2019 California plumbing system, the installation of which is regulated by Building Code as follows: this code, or to cause any such work to be performed, shall first make application to the Building Official and obtain the [A] 104.11 Alternative materials, design and required permit. methods of construction and equipment. The provisions Adopt Section [A] 105.2 of the 2019 California j of this code are not intended to prevent the installation of Building Code as follows: any material or to prohibit any design or method of 2020 S-75 16.02.050 Cupertino -Buildings and Construction 6 [A] 105.2 Work exempt from permit. Exemptions Electrical: from permit requirement of this code shall not be deemed to Repairs and maintenance: Minor repair work, grant authorization for any work to be done in any manner including the replacement of lamps or the connection in violation of the provisions of this code or any other laws of approved portable electrical equipment to approved or ordinances of this jurisdiction. Permits shall not be permanently installed receptacles. required for the following: Radio and television transmitting stations: The provisions of this code shall not apply to electrical Building: equipment used for radio and television transmissions, 1. One-story detached accessory structures used as but do apply to equipment and wiring for a power tool and storage sheds, playhouses and similar supply and the installation of towers and antennas. uses, provided the floor area is not greater than Temporary testing systems: A permit shall not be 120 square feet(11 mZ). required for the installations of any temporary system 2. Fences not over 7 feet (2134 mm)high. required for the testing or servicing of electrical 3. Oil derricks. equipment or apparatus. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the Gas: footing to the top of the wall, unless supporting a 1. Portable heating appliance. surcharge or impounding Class I, II or IIIA 2. Replacement of any minor part that does not alter liquids. approval of equipment or make such equipment 5. Water tanks supported directly on grade if the unsafe. capacity is not greater than 5,000 gallons(18,925 L) and the ratio of height to diameter or width is Mechanical: not greater than 2:1. 1. Portable heating appliance. 6. Sidewalks and driveways not more than 30 inches 2. Portable ventilation equipment. (762 mm)above adjacent grade,and not over any 3. Portable cooling unit. basement or story below and are not part of an 4. Steam, hot or chilled water piping within any accessible route. heating or cooling equipment regulated by this 7. Painting, papering, tiling, carpeting, cabinets, code. counter tops and similar finish work. 5. Replacement of any part that does not alter its 8. Temporary motion picture,television and theater approval or make it unsafe. stage sets and scenery. 6. Portable evaporative cooler. 9. Prefabricated swimming pools accessory to a 7. Self-contained refrigeration system containing 10 group R-3 occupancy that are less than 24 inches pounds (4.54 kg) or less of refrigerant and (610 mm) deep, are not greater than 5,000 actuated by motors of 1 horsepower(0.75 kW)or gallons (18,925 L) and are installed entirely less. about ground. 10. Shade cloth structures constructed for nursery or Plumbing: agricultural purposes, not including service 1. The stopping of leaks in drains, water, soil, systems. waste or vent pipe, provided, however, that if 11. Swing and other playground equipment accessory any concealed trap,drain pipe,water,soil,waste to detached one- and two-family dwellings. or vent pipe becomes defective and it becomes 12. Window awnings in Group R-3 and U necessary to remove and replace the same with occupancies, supported by an exterior wall that new material, such work shall be considered as do not project more than 54 inches (1372 mm) new work and a permit shall be obtained and from the exterior wall and do not require inspection made as provided in this code. additional support. 2. The clearing of stoppages or the repairing of 13. Nonfixed and movable fixtures, cases, racks, leaks in pipes,valves or fixtures and the removal counters and partitions not over 5 feet 9 inches and reinstallation of water closets,provided such (1753 mm) in height. repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 2020 S-75 7 Administrative Code 16.02.050 [A] 105.2.1 Emergency repairs. Where additional periods not exceeding 90 days each. The equipment replacements and repairs must be performed extension shall be requested in writing and justifiable cause in an emergency situation,the permit application shall demonstrated. be submitted within the next working business day to the building official. Adopt Section [A] 105.4 of the 2019 California Building Code as follows: Adopt Section [A] 105.3 of the 2019 California Building Code as follows: [A]105.4 Validity of permit.The issuance or granting of a permit shall not be construed to be a permit for, or an [A]105.3 Application for permit.To obtain a permit, approval of, any violation of any of the provisions of this the applicant shall first file an application therefor in writing code or of any other ordinance of the jurisdiction. Permits on a form furnished by the City for that purpose. Such presuming to give authority to violate or cancel the application shall: provisions of this code or other ordinances of the jurisdiction 1. Identify and describe the work to be covered by shall not be valid. The issuance of a permit based on the permit for which application is made. construction documents and other data shall not prevent the 2. Describe the land on which the proposed work is Building Official from requiring the correction of errors in to be done by legal description, street address or the construction documents and other data. The Building similar description that will readily identify and Official is also authorized to prevent occupancy or use of a definitely locate the proposed building or work. structure where in violation of this code or of any other 3. Indicate the use and occupancy for which the ordinances of this jurisdiction. proposed work is intended. 4. Be accompanied by construction documents and Amend and Adopt Section [A] 105.5 of the 2019 other information as required in Section 107. California Building Code as follows: 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's [A] 105.5 Expiration. Every permit issued shall authorized agent. become invalid unless the work on the site authorized by 7. Give such other data and information as required such permit is commenced within 12 months after its by the building official. issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months Adopt Section [A] 105.3.1 of the 2019 California after the time the work is commenced.The Building Official Building Code as follows: is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The [A] 105.3.1 Action on application. The building extension shall be requested in writing and justifiable cause official shall examine or cause to be examined applications demonstrated. for permits and amendments thereto within 180 days after filing. If the application or the construction documents do Adopt Section [A] 105.6 of the 2019 California not conform to the requirements of pertinent laws, the Building Code as follows: building official shall reject such application in writing, stating the reasons therefor. If the building official is [A] 105.6 Suspension or revocation. The Building satisfied that the proposed work conforms to the Official is authorized to suspend or revoke a permit issued requirements of this code and laws and ordinances under the provisions of this code wherever the permit is applicable thereto, the building official shall issue a permit issued in error or on the basis of incorrect, inaccurate or therefor as soon as practicable. incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. Adopt Section [A] 105.3.2 of the 2019 California ' Building Code as follows: Amend and Adopt Section [A] 105.7 of the 2019 California Building Code as follows: [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be [A]105.7 Placement of permit.The Job Card or copy deemed to have been abandoned 180 days after the date of shall be posted at a location visible from the street frontage filing,unless such application has been pursued in good faith on site of the building or structure being permitted and is not { or a permit has been issued;except that the Building Official to be removed until building final. (Ord. 19-2189, § 1 is authorized to grant one or more extensions of time for (part), 2019) 2020 S-75 16.02.060 Cupertino-Buildings and Construction 8 16.02.060 Submittal Documents. construction or designated occupancy of a structure for Amend and Adopt Section [A] 107.1 of the 2019 which a lawful permit has been heretofore issued or California Building Code as follows: otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days [A]107.1 General.Submittal documents consisting of after the effective date of this code and has not been construction documents, statement of special inspections, abandoned. geotechnical report and other data shall be submitted electronically with each permit application.The construction [A] 107.3.3 Phased approval. The building document shall be prepared by a registered design official is authorized to issue a permit for the professional where required by the building official. Where construction of foundations or any other part of a special conditions exist,the building official is authorized to building or structure before the construction documents require additional construction documents to be prepared by for the whole building or structure have been a registered design professional. submitted, provided that adequate information and detailed statements have been filed complying with Exception:The building official is authorized to waive pertinent requirements of this code.The holder of such the submission of construction documents and other permit for the foundation or other parts of a building data not required to be prepared by a registered design or structure shall proceed at the holder's own risk with professional if it is found that the nature of the work the building operation and without assurance that a applied for is such that the review of construction permit for the entire structure will be granted. documents is not necessary to obtain compliance with this code. [A] 107.3.4 Design professional in responsible charge. Where it is required that documents be Adopt Section [A] 107.2 of the 2019 California prepared by a registered design professional, the Building Code as follows: building official shall be authorized to require the owner or the owner's authorized agent to engage and [A] 107.2 Construction documents. Construction designate on the building permit application a documents shall be in accordance with Sections 107.2.1 registered design professional who shall act as the through 107.2.8. registered design professional in responsible charge.If the circumstances require, the owner or the owner's Adopt Section [A] 107.3, [A] 107.3.1, [A] 107.3.2, authorized agent shall designate a substitute registered [A] 107.3.3, [A] 107.3.4, [A] 107.3.4.1, [A] 107.4, design professional in responsible charge who shall [A] 107.5 of the 2019 California Building Code as follows: perform the duties required of the original registered design professional in responsible charge.The building [A] 107.3 Examination of documents. The building official shall be notified in writing by the owner or the official shall examine or cause to be examined the owner's authorized agent if the registered design accompanying submittal documents and shall ascertain by professional in responsible charge is changed or is such examinations whether the construction indicated and unable to continue to perform the duties. described is in accordance with the requirements of this code The registered design professional in responsible and other pertinent laws or ordinances. charge shall be responsible for reviewing and coordinating submittal documents prepared by others, [A] 107.3.1 Approval of construction including phased and deferred submittal items, for documents.When the building official issues a permit, compatibility with the design of the building. the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code [A] 107.3.4.1 Deferred submittals. Deferral of Compliance". It shall be the responsibility of the any submittal items shall have the prior approval of the owner or owner's representative to obtain a hard-copy building official.The registered design professional in of the approved plans and documents which shall be responsible charge shall list the deferred submittals on kept at the site of work and shall be open to inspection the construction documents for review by the building by the building official or a duly authorized official. representative. Documents for deferred submittal items shall be submitted to the registered design professional in [A] 107.3.2 Previous approvals.This code shall responsible charge who shall review them and forward not require changes in the construction documents, them to the building official with a notation indicating 2020 S-75 9 Administrative Code 16.02.060 that the deferred submittal documents have been Adopt Section [A] 110.2 of the 2019 California reviewed and found to be in general conformance to Building Code as follows: the design of the building. The deferred submittal items shall not be installed until the deferred submittal [A] 110.2 Preliminary inspection. Before issuing a document have been approved by the building official. permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for [A] 107.4 Amended construction documents. Work which an application has been filed. shall be installed in accordance with the approved construction documents, and any changes made during Amend Section [A] 110.3 of the 2019 California construction that are not in compliance with the approved Building Code as follows: construction shall be submitted for approval as an amended set of construction documents. [A] 110.3 Required inspections. The Building Official, upon notification, shall make the inspections set [A]107.5 Retention of construction documents.One forth in Section 110.3.1 through 110.3.11. set of approved construction documents shall be retained by the building official for a period of not less than required by Adopt Section [A] 110.3.7 of the 2019 California the approved City's document retention plan. (Ord. Building Code as follows: 19-2189, § 1 (part), 2019) [A] 110.3.7 Fire-and smoke-resistant penetrations. 16.02.070 Responsibility of permittee. Protection of joints and penetrations in fire-resistance-rated Responsibility of permittee. Building permits shall be assemblies,smoke barriers and smoke partitions shall not be presumed to incorporate the provision that the applicant,the concealed from view until inspected and approved. applicant's agent, employees or contractors shall carry out the proposed work in accordance with the approved plans Adopt Section [A] 110.3.8 of the 2019 California and with all requirements of this code and any other laws or Building Code as follows: regulations applicable thereto,whether specified or not. No approval shall relieve or exonerate any person from the [A] 110.3.8 Energy efficiency inspections. responsibility of complying with the provisions and intent of Inspections shall be made to determine compliance with this code. (Ord. 19-2189, § 1 (part), 2019) Chapter 13 and shall include, but not be limited to, inspection for: envelope insulation R- and U-values, 16.02.080 Fees. fenestration U-value, duct system R-value, and HVAC and Fees shall be paid to the city as set forth in the latest water-heating equipment efficiency. resolution adopted by the city. (Ord. 19-2189, § 1 (part), 2019) Adopt Section [A] 110.4 of the 2019 California Building Code as follows: 16.02.090 Inspections. Adopt Section [A] 110.1 of the 2019 California [A] 110.4 Inspection agencies. The building official Building Code as follows: is authorized to accept reports of approved inspection agencies,provided such agencies satisfy the requirements as [A] 110.1 General. Construction or work for which to qualifications and reliability. a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain Adopt Section [A] 110.5 of the 2019 California accessible and exposed for inspection purposes until Building Code as follows: approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions [A] 110.5 Inspection requests. It shall be the duty of j of any of the codes or amendments specified in this title. It the holder of the building permit or their duly authorized I shall be the duty of the permit applicant to cause the work to agent to notify the building official when work is ready for remain accessible and exposed for inspection purposes. inspection. It shall be the duty of the permit holder to Neither the Building Official nor the City of Cupertino shall provide access to and means for inspection of such work that be liable for expense entailed in the removal or replacement are required by this code. of any material required to allow inspections. 2020 S-75 16.02.090 Cupertino -Buildings and Construction 10 Adopt Section [A] 110.6 of the 2019 California 8. The use and occupancy, in accordance with the Building Code as follows: provision of Chapter 3 of the California Building Code. E [A]110.6 Approval required.Work shall not be done 9. The type of construction as defined in Chapter 6 beyond the point indicated in each successive inspection of the Califon is Building Code. without first obtaining the approval of the building official. 10. The design occupant load. The building official, upon notification, shall make the 11. If the automatic sprinkler system is provided, requested inspections and shall either indicate the portion of whether the sprinkler system is required. the construction that is satisfactory as completed, or notify 12. Any special stipulations and conditions of the the permit holder or his or her agent wherein the same fails building permit. to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or Adopt Section [A] 111.3 of the 2019 California concealed until authorized by the building official. (Ord. Building Code as follows: 19-2189, § 1 (part), 2019) [A] 111.3 Temporary occupancy. The Building 16.02.100 Certificate of Occupancy. Official is authorized to issue a temporary certificate of Adopt Section [A] 111.1 of the 2019 California occupancy before the completion of the entire work covered Building Code as follows: by the permit,provided that such portion of portions shall be occupied safely. The Building Official shall set a time [A] 111.1 Use and occupancy. No building or period during which the temporary certificate of occupancy structure shall be used or occupied, and no change in the is valid. existing occupancy classification of a building or structure or portion thereof shall be made,until the Building Official Adopt Section [A] 111.4 of the 2019 California has issued a certificate of occupancy therefor as provided Building Code as follows: herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any provision of [A] 111.4 Revocation. The Building Official is this code or any ordinance of the City of Cupertino. authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the Adopt Section [A] 111.2 of the 2019 California California Building Code wherever the certificate is issued Building Code as follows: in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or [A] 111.2 Certificate issued. After the Building portion thereof is in violation of any ordinance or regulation Official inspects the building or structure and finds no or any of the provisions of the California Building Code. violations of the provisions of this code or other laws that (Ord. 19-2189, § 1 (part), 2019) are enforced by the Building Department, the Building Official may issue a certificate of occupancy that contains 16.02.110 Board of Appeals. the following: Amend and Adopt Section [A] 113.1 of the 2019 California Building Code and amend to read as follows: 1. The building permit number. 2. The address of the building or structure. [A] 113.1 General. In order to he and decide 3. The name and address of the owner. appeals of orders, decisions or determinations made by the 4. A description of that portion of the structure for building official relative to application and interpretation of which the certificate is issued. this code, there shall be and is hereby created a board of 5. A statement that the described portion of the appeals consisting of five members who are qualified by structure has been inspected for compliance with experience and training to pass upon matters pertaining to the requirements of this code for the occupancy building construction installations and materials. The board and division of occupancy and the use for which of appeals shall be appointed by the city manager, and the the proposed occupancy is classified. appointed members of the board of appeals shall not be 6. The name of the Building Official. employees of the City. The board shall adopt reasonable 7. The edition of the code under which the permit rules and regulations for conducting its investigations and was issued. shall render all decisions and findings in writing to the building official, with a duplicate copy to the appellant. In 2020 S-75 10A Administrative Code 16.02.110 the event where no such board of appeals has been [A] 114.2 Notice of violation. The building official established, the City Council shall serve as said appeals is authorized to serve a notice of violation or order on the board. person responsible for the erection,construction,alteration, extension, repair, moving, removal, demolition or Amend and Adopt Section [A] 113.1.1 of the 2019 occupancy of a building or structure in violation of any California Building Code to read as follows: provisions of any code identified in this title, or in violation of a permit or certificate issued under the provisions of any [A] 113.1.1 Access Compliance. Per Health and code identified in this title. Such order shall direct the Safety Code 19955 - 19959.5, in order to hear and decide discontinuance of the illegal action or condition and the appeals of orders, decisions or determinations made by the abatement of the violation. (Ord. 19-2189, § 1 (part), 2019) building official relative to access compliance,there shall be p and is hereby created a board of appeals consisting of five 16.02.130 Stop Work Order. members to hear written appeals brought by any person regarding action taken by the building department. Two Adopt Section [A] 115.1 of the 2019 California members of accessibility board of appeals shall be physically Building Code as follows: p handicapped persons, two members shall be persons experienced in construction, and one member shall be a [A]115.1 Authority. Whenever the Building Official public member. The accessibility board of appeals shall be finds any work regulated by this code being performed in a appointed by the city manager, and the appointed members manner either contrary to the provisions of any code of the board of appeals shall not be employees of the City. identified in this title or dangerous or unsafe, the Building The accessibility board of appeals shall adopt reasonable Official is authorized to issue a stop work order, rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Adopt Section [A] 115.2 of the 2019 California building official, with a duplicate copy to the appellant. In Building Code as follows: the event where no such board of appeals has been { established, the City Council shall serve as said appeals [A] 115.2 Issuance. The stop work order shall be in board. writing and shall be given to the owner of the property involved,or to the owner's agent, or to the person doing the Adopt Section [A] 113.2 of the 2019 California work. Upon issuance of a stop work order, the cited work Building Code to read as follows: shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the [A] 113.2 Limitations on authority. An application cited work will be permitted to resume. for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been Adopt Section [A] 115.3 of the 2019 California incorrectly interpreted, the provisions of this code do not Building Code as follows: fully apply or an equally good or better form of construction { is proposed. The board shall not have authority to waive [A] 115.3 Unlawful continuance. Any person who requirements of this code. (Ord. 19-2189, § 1 (part), 2019) shall continue any work after having been served with a stop work order, except such work as that person is directed to 16.02.120 Violations. perform by the building official to remove a violation or Adopt Section [A] 114.1 of the 2019 California unsafe condition, shall be subject to penalties as prescribed Building Code as follows: by law. (Ord. 19-2189, § 1 (part), 2019) [A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupancy any building, structure or equipment regulated by the codes identified in this title, or cause same to be done, in conflict with or in violation of any of the provisions of any code identified in this title. Adopt Section [A] 114.2 of the 2019 California Building Code as follows: 2020 S-75 Cupertino -Buildings and Construction 10B 16.04.010 CHAPTER 16.04: BUILDR4G CORE Section 16.04.010 Adoption of the 2019 California Appendix G: Flood-Resistant Construction; Building Code, Volumes 1 and 2, Appendix I: Patio Covers. (Ord. 19-2189, § 1 (part), based on the 2018 International 2019) Building Code, Volumes 1 and 2. 16.04.015 Adoption of Appendix Chapters. 16.04.020 Section 501.2-Address Identification. 16.04.020 Section 501.2-Address Adopt Section 502.1 of the 2019 California Building identification. Code and amend to read as follows: 16.04.040 Chapter 7A- Materials and Construction Methods for Exterior New and existing buildings shall be provided with Wildfire Exposure. approved address numbers or letters. Each character shall 16.04.060 Chapter 15 - Roof Assemblies and be not less than 4 inches in height and not less than 0.5 inch Rooftop Structures. in width. They shall be installed on a contrasting 16.04.080 Chapter 17- Special Inspection and background and be plainly visible from the street or road Tests. fronting the property. When required by the fire code 16.04.100 Chapter 19- Concrete. official, address numbers shall be provided in additional 16,04.120 Chapter 23 -Wood. approved locations to facilitate emergency response. Where 16.04.140 Section 3109- Swimming Pool access is by means of a private road and the building address Enclosures and Safety Devices. cannot be viewed from the public way, a monument,pole or other approved sign or means shall be used to identify the structure. Address numbers shall be maintained. 16.04.010 Adoption of the 2019 California No Certificate of Occupancy or final building approval Building Code, Volumes 1 and 2, based for new construction or alterations shall be granted until the on the 2018 International Building building or residence has a street address number posted. Code, Volumes 1 and 2. Subdivisions and Planned Developments shall submit a A. Except as otherwise provided in this chapter,the numbering schedule for approval by the Building provisions of the 2019 California Building Code, Volumes Department and the Fire Department. All commercial 1 and 2 inclusive, and specified Appendices and each and all buildings having a single address assigned with multi-suite of the regulations, provisions, conditions and terms of the arrangements shall have the suite-numbering system code is referred to as if fully set forth in this chapter, except approved or assigned by the Building Department with an such portions as are hereinafter deleted, modified or approved copy to the Fire Department for emergency use. amended by this ordinance, and is by such adopted by (Ord. 19-2189, § 1 (part), 2019) reference. B. One (1) copy of each volume of the code 16.04.040 Chapter 7A-Materials and therefore is on file in the office of the Building Official Construction Methods for Exterior pursuant to Health and Safety Code Section 18942 and are Wildfire Exposure. made available for public inspection. (Ord. 19-2189, § 1 Amend Section 707A.9 of the 2019 California Building J (part), 2019) Code to read as follows: i 707A.9 Underside of appendages. The underside of 16.04.015 Adoption of Appendix Chapters. overhanging appendages shall be enclosed to grade in The following Appendix Chapters from the 2019 accordance with the requirements of this chapter or the California Building Code are hereby adopted. underside of the exposed underfloor shall consist of one of I Appendix C: Group U-Agricultural Buildings. the following: Appendix F: Rodentproofmg; 11 2020 S-75 16.04.040 Cupertino-Buildings and Construction 12 1. Noncombustible material. 1505.1.4 Roofing requirements in a 2. Ignition-resistant material. Wildland-Urban Interface lire Area. The entire roof 3. One layer of 5/8-inch Type X gypsum sheathing covering of every existing structure where more than 50 applied behind an exterior covering on the percent of the total roof area is replaced within any one-year underside of the floor projection. period,the entire roof covering of every new structure, and 4. The exterior portion of a 1-hour fire resistive any roof covering applied in the alteration, repair or exterior wall assembly applied to the underside of replacement of the roof of every existing structure, shall be the floor including assemblies using the gypsum a fire-retardant roof covering that is at least Class A. panel and sheathing products listed in the Roofing requirement for structures located in a Gypsum Association Fire Resistance Design Wildland-Urban Interface Fire Area shall also comply with Manual. Section 705A. (Ord. 19-2189, § 1 (part), 2019) 5. The underside of a floor assembly that meets the performance criteria in accordance with the test 16.04.080 Chapter 17- Special Inspection and procedures set forth in the SFM Standard Tests. 12-7A-3 or ASTM E2957. Amend section 1705.3 Exception #1 of the 2019 California Building Code to read as follows: Exception: Structural columns and beams do not require protection when they are constructed 1705.3 Concrete Construction. Special inspections with sawn lumber or glue-laminated wood with and tests of concrete construction shall be performed in the smallest minimum nominal dimension of 4 accordance with this section and Table 1705.3. inches(102 min). Sawn or glue-laminated planks splined, tongue-and-grove, or set close together Exception: and well spiked. Special inspections and tests shall not be required for: 1. Isolated spread concrete footings of buildings Amend Section 710A.3 of the 2019 California Building three stories or less above grade plane that are Code to read as follows: fully supported on earth or rock, where the structural design of the footing is based on a 710A.3.Where required. Accessory structures shall specified compressive strength, f'c, no greater be constructed of noncombustible materials or of than 2,500 pound per square inch (psi) (17.2 ignition-resistant materials as described in Section 704A.2. Mpa). (Ord. 19-2189, § 1 (part), 2019) Delete Section 710A.3.1 in its entirety. 16.04.100 Chapter 19- Concrete. Adopt and amend Section 1905.1.7 and ACI 318 Delete Section 710A.3.2 in its entirety. Section 14.ILA to read as follows: Delete Section 710A.3.3 in its entirety. (Ord. 19-2189, 1905.1.7 ACI 318, Section 14.1.4. § 1 (part), 2019) 14.1.4 - Plain concrete in structures assigned to 16.04.060 Chapter 15-Roof Assemblies and Seismic Design Category C, D, E or F. Rooftop Structures. Amend Section 1505.1.3 of the 2019 California 14.1.4.1- Structures assigned to Seismic Design Building Code to read as follows: Category C, D,E or F shall not have elements of structural plain concrete, except as follows: 1505.1.3 Roof coverings in all other areas.The entire (a) Isolated footings of plain concrete roof covering of every existing structure where more than supporting pedestals or columns are 50 percent of the total roof area is replaced within any permitted, provided the projection of the one-year period, the entire roof covering of every new footing beyond the face of the supported structure, and any roof covering applied in the alteration, member does not exceed the footing repair or replacement of the roof of every existing structure, thickness. shall be a fire-retardant roof covering that is at least Class A. r Amend Section 1505.1.4 of the 2019 California Building Code to read as follows: 2020 S-75 12A Building Code 16.04.100 Exception: 16.04.140 Section 3109-Swimming Pool In detached one and two-family dwelling Enclosures and Safety Devices. three stories or less in height,the projection Adopt Section 3109 of the 2019 California Building of the footing beyond the face of the Code, supported member is permitted to exceed the footing thickness. Add Section 3109.3 to the 2019 California Building Code to read as follows: (b) Plain concrete footing supporting walls are permitted, provided the footings have at 3109.3 Inspections for Swimming Pools. least two continuous longitudinal A. All Work to Be Inspected. All pool installations reinforcing bars. Bars shall not be smaller or alterations thereto including equipment, piping and than No.4 and shall have a total area of not appliances related thereto shall be inspected by the less than 0.002 times the gross Building Department to insure compliance with the cross-sectional area of the footing. A requirements of the California Building Code. minimum of one bar shall be provided at the top and bottom of the footing. Continuity B. Called Inspections. It shall be the duty of the of reinforcement shall be provided at person doing the work authorized by the building comers and intersections. permit to notify the Building Department that said work is ready for inspection. Such notification shall be Exception: given not less than twenty-four hours before the work In detached one and two-family dwellings is to be inspected. three stores or less in height and constructed 1. Pregunite inspection is required when all steel is with stud bearing walls, plain concrete in place, piping from the pool area is in with footings with at least two continuous pressure test,all steel and related attachments are longitudinal reinforcing bars not smaller properly bonded and underwater light housing is than No.4 are permitted to have a total area installed; of less than 0.002 times the gross 2. An inspection is required for all conduit and gas cross—sectional area of the footing. (Ord. piping under slabs before decks are poured; 19-2189, § 1 (part), 2019) 3. Final inspection is required after all equipment is in place and operating, the pool is filled with 16.04.120 Chapter 23—Wood. water and all fences and gates are installed; Add Section 2308.6.3.1 to the 2019 California Building 4. A reinspection fee per the adopted fee schedule Code to read as follows: per inspection will be charged for each inspection over two where the work is not ready or 2308.6.3.1 Limits on methods GB, SFB,HPS,PBS corrections have not been completed; and PCP. In Seismic Design Categories D, E, and F, 5. The owner shall arrange with the Building Methods GB, SFB, HPS, and PBS are not permitted for use Department for inspectors to enter the property to as intermittent braced wall panels, but gypsum board is make necessary inspections in connection with permitted to be installed when required by this Section to be the pool. (Ord. 19-2189, § 1 (part), 2019) placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D, E, and F the use of Method PCP is limited to one-story building and structures. { Amend Table 2308.6.3(1) of the 2019 California Building Code, to add a new footnote "b" to the end of California Building Code Table 2308.6.3(1) to read as follows: E b. In Seismic Design Categories DO, D1, and D2, Methods GB, SFB, HPS and PBS is not permitted and the use of Method PCP is limited to one-story buildings and structures. (Ord. 19-2189, § 1 (part), 2019) 2020 S-75 Cupertino-Buildings and Construction 12B 16.06.010 CHAPTER 16.06: RESIDENTIAL CODE Section 16.06.010 Adoption of the 2019 California 16.06.020 Section R310-Emergency Escape and Residential Code based on the 2018 Rescue Openings. International Residential Code. Amend Section R310.1 of the 2019 California 16.06.015 Adoption of Appendix Chapters. Residential Code to delete Exception#2. (Ord. 19-2189, § 1 16.06.020 Section R310-Emergency Escape (part), 2019) and Rescue Openings. 16.06.040 Section R313-Automatic Fire 16.06.040 Section R313-Automatic Fire l Sprinkler Systems. Sprinkler Systems. 16.06.060 Section R337-Materials and Amend Section R313.1 of the 2019 California Construction Methods for Exterior Residential Code to read as follows: Wildfire Exposure. 16.06.080 Chapter 4-Foundations. R313.1 Townhouse automatic fire sprinkler systems. 16.06.100 Chapter 6-Wall Construction. An automatic residential fire sprinkler system shall be 16.06.120 Chapter 9-Roof Assemblies. installed in all new townhouses and in existing townhouses 16,06.140 Chapter 10-Chimneys and when additions are made that increase the building area to Fireplaces -Spark Arrestors. more than 3,600 square feet. i Exception: 16.06.010 Adoption of the 2019 California One or more additions made to a building after January Residential Code based on the 2018 1,2011 that does not total more than 1,000 square feet International Residential Code. of building area. A. Except as otherwise provide in this chapter, the provisions of the 2019 California Residential Code and Amend Section R313.2 of the 2019 California specified Appendices and each and all of the regulations, Residential Code to read as follows: provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are R313.2 One- and two-family dwellings automatic hereinafter deleted,modified or amended by this ordinance, fire sprinkler systems. An automatic residential fire and is by such adopted by reference. sprinkler system shall be installed in one- and two-family B. One (1) copy of each volume of the code dwellings and Accessory Dwelling Units as follows: therefore is on file in the office of the Building Official 1. In all new one-and two-family dwellings,rebuild pursuant to Health and Safety Code Section 18942 and are of existing one- and two-family dwellings as made available for public inspection. (Ord. 19-2189, § 1 defined by the Building Official. (part), 2019) 2. In all new basements and in existing basements that are expanded by more than 50%. 16.06.015 Adoption of Appendix Chapters. 3. In all attached Accessory Dwelling Units and/or The following Appendix Chapters from the 2019 additions to an existing one- and two-family California Residential Code are hereby adopted: dwelling that have an existing fire sprinkler system. Appendix C: Exit Terminals of Mechanical Draft and 4. In all attached Accessory Dwelling Units and/or Direct-Vent Venting Systems; additions to an existing non-sprinklered one-and Appendix H: Patio Covers; two-family dwelling, when the building area is Appendix J: Existing Building and Structures; increased to more than 3,600 square feet. Appendix K: Sound Transmission; Appendix V: Swimming Pool Safety Act. (Ord. 19-2189, § 1 (part), 2019) 13 2020 S-75 16.06.040 Cupertino-Buildings and Construction 14 Exception: lumber or glue-laminated wood with the smallest h One or more additions made to a building after minimum nominal dimension of 4 inches (102 January 1, 2011 that does not total more than mm). Sawn or glue-laminated planks splined, 1,000 square feet of building area. tongue-and-grove, or set close together and well spiked. 5. Detached Accessory Dwelling Units are not required to have fire sprinklers installed, Amend Section R337.10.3 of the 2019 California provided that all of the following are met: Residential Code to read as follows: a. The unit meets the definition of an Accessory Dwelling Unit as defined in the R337.10.3. Where required. Accessory structures Government Code Section 65852.2. shall be constructed of noncombustible materials or of b. The existing primary residence does not ignition-resistant materials as described in Section R337.4.2. have automatic fire sprinklers. c. The detached Accessory Dwelling Unit does Delete Section R337.10.3.1 in its entirety. not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary Delete Section R337.10.3.2 in its entirety. residence. e. The unit meets all access and water supply Delete Section R337.10.3.3 in its entirety. (Ord. requirements of Chapter 5 and Appendix B 19-2189, § 1 (part), 2019) and C of the 2019 California Fire Code. (Ord. 19-2189, § 1 (part), 2019) 16.06.080 Chapter 4—Foundations. Amend Section R403.1 of the 2019 California 16.06.060 Section R337-Materials and Residential Code to read as follows: Construction Methods for Exterior Wildfire Exposure. R403.1 General. All exterior walls shall be supported Amend Section R337.7.9 of the 2019 California on continuous solid or fully grouted masonry or concrete Residential Code to read as follows: footings,or other approved structural systems which shall be of sufficient design to accommodate all loads according to R337.7.9 Underside of appendages. The underside Section R301 and to transmit the resulting loads to the soil of overhanging appendages shall be enclosed to grade in within the limitations as determined from the character of accordance with the requirements of this chapter or the the soil. Footings shall be supported on undisturbed natural underside of the exposed underfloor shall consist of one of soils or engineered fill. Concrete footings shall be designed the following: and constructed in accordance with the provisions of Section 1. Noncombustible material. R403 or in accordance with ACI 332. 2. Ignition-resistant material. 3. One layer of 5/8-inch Type X gypsum sheathing Amend Section R403.1.1 of the 2019 California applied behind an exterior covering on the Residential Code to read as follows: underside of the floor projection. 4. The exterior portion of a 1-hour fire resistive R403.1.1 Minimum size. Minimum sizes for exterior wall assembly applied to the underside of concrete and masonry footings shall be as set forth in Table the floor including assemblies using the gypsum R403.1(1) to Table R403.1(3) and Figure R403.1.3. The panel and sheathing products listed in the footing width, W, shall be based on the load-bearing value Gypsum Association Fire Resistance Design of the soil in accordance with Table R401.4.1. Spread Manual. footings shall be at least 6 inches(152 mm)in thickness, T. 5. The underside of a floor assembly that meets the Footing projection,P, shall be at least 2 inches(51 mm)and performance criteria in accordance with the test shall not exceed the thickness of the footing. The size of procedures set forth in either of the following: footings supporting piers and columns shall be based on the 5.1 SFM Standard 12-7A-3; or tributary load and allowable soil pressure in accordance with 5.2 ASTM E2957; Table R401.4.1. Exception: Delete Figure R403.1(2) and Figure R403.1(3). Structural columns and beams do not require protection when they are constructed with sawn Delete Section R403.2 in its entirety. (Ord. 19-2189, § 1 (part), 2019) 2020 S-75 14A Residential Code 16.06.100 16.06.100 Chapter 6-Wall Construction. Roofing requirement for structures located in a Amend Section R602.10.4 of the 2019 California Wildland-Urban Interface Fire Area shall also comply with Residential Code, to add a new footnote "f" to the end of Section R337.5. (Ord. 19-2189, § 1 (part), 2019) CRC Table R602.10.4 to read as follows: 16.06.140 Chapter 10-Chimneys and Fireplaces- f. In Seismic Design Categories Do, D1, and D21 Spark Arrestors. Methods GB, SFB, HPS, PBS, and CS-SFB are not In new construction or when alterations, repairs or permitted and the use of Method PCP is limited to one-story additions requiring a permit and having a valuation in excess single family dwellings and accessory structures, of one thousand dollars occur, all new and existing fireplace chimneys shall terminate in a substantially constructed spark Add the "f" footnote notation for Methods GB, SFB, arrestor complying with the requirements of the 2019 HPS, PBS, CS-SFB, and PCP of Table R602.10.4. California Residential Code Section R1003.9.2. (19-2189, § 1 (part), 2019) Add a new subsection R602.10.4.5 of the 2019 California Residential Code, to read as follows: R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic Design Categories Do, D1, and D2,Methods GB,SFB,HPS, PBS, and CS-SFB are not permitted for use as intermittent braced wall panels,but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories Do, D1, and D21 the use of Method PCP is limited to one-story single family dwellings and accessory structures. (Ord. 19-2189, § 1 (part), 2019) 3 16.06.120 Chapter 9-Roof Assemblies. Amend Section R902.1.3 of the 2019 California Residential Code to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Amend Section R902.1.4 of the 2019 California Residential Code to read as follows: R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period,the entire roof covering of every new structure, and any' roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. 2020 S-75 Cupertino -Buildings and Construction 14B 16.16.010 CHAPTER 16.16: ELECTRICAL CODE Section 16.16.010 Adoption of the 2019 California Journeyman Electrician. A journeyman electrician Electrical Code based on the 2017 is an electrician qualified by training and experience to do National Electrical Code. electrical work in conjunction with new construction and/or 16,16.015 Adoption of Appendix Chapters. rework of existing systems. 16.16.020 Article 100—Definitions. Maintenance Electrician. A maintenance electrician 16.16.030 Electrical work. in an electrician qualified by training and experience to do 16.16.040 Electrical fee schedule. the recurring work required to keep a facility in such 16.16.050 Interpretation. condition that it may be utilized at its designated capacity 16.16.060 Electrical maintenance program. and efficiency,to do repair work or replacement or overhaul of constituent parts or materials to keep or restore a facility to a condition substantially equivalent to its original or 16.16.010 Adoption of the 2019 California design capacity or efficiency. (Ord. 19-2189, § 1 (part), Electrical Code based on the 2017 2019) National Electrical Code. { A. Except as otherwise provided in this chapter,the 16.16.030 Electrical Work. provisions of the 2019 California Electrical Code and each Electrical work shall be done only by: and all of the regulations, provisions, conditions and terms a. Owner/Builder; of the code is referred to as if fully set forth in this chapter, b. Electrical contractors who are in compliance with except such portions as are hereinafter deleted,modified or the state licensing laws and whose employees are under the amended by this ordinance, and is by such adopted by direct supervision of a qualified journeyman electrician; reference. C. A general building contractor if scope of work B. One (1) copy of each volume of the code involves at least two unrelated trades or crafts other than therefore is on file in the office of the Building Official framing or carpentry, or if the general building contractor pursuant to Health and Safety Code Section 18942 and are holds the appropriate license classification; made available for public inspection. (Ord. 19-2189, § 1 d. Maintenance electrician. (Ord. 19-2189, § 1 (part), 2019) (part), 2019) 16.16.015 Adoption of Appendix Chapters. 16.16.040 Electrical Fee Schedule. No Appendix Chapters from the 2019 California Electrical fees shall be paid to the city as set forth in Electrical Code have been adopted. (Ord. 19-2189, § 1 the latest resolution adopted by the city. (Ord. 19-2189, § 1 j (part), 2019) (part), 2019) 16.16.020 Article 100—Definitions. 16.16.050 Interpretation. Amend Article 100 of the 2019 California Electrical A. The language used in this code,and the California Code with the following definitions added: Electrical Code, which is made a part of this code by reference, is intended to convey the common and accepted Electrical Contractors. For the purpose of this meaning familiar to the electrical industry. article, an Electrical Contractor shall be a person holding a B. The Building Official or his assistants is valid electrical contractor's license issued by the State of authorized to determine the intent and meaning of any California. provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public. (Ord. 19-2189, § 1 (part), 2019) 31 2020 S-75 16.16.060 Cupertino -Buildings and Construction 32 16.16.060 Electrical Maintenance Program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any property which such person owns or occupies, may designate a qualified s electrician as a maintenance electrician. Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the city covering all installations, additions, or alterations. All such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the payment of fees,and to inspection by the electrical inspector to the same extent as similar work performed by other persons and for which such inspection is provided. (Ord. 19-2189, § 1 (part), 2019) 2020 5-75 16.20.010 CHAPTER 16.20: PLUTM13 ''G CODE Section 16.20.010 Adoption of the 2019 California 16.20.020 Name Insertion. Plumbing Code based on the 2018 The names "Cupertino" and/or "California" shall be Uniform Plumbing Code. inserted in the appropriate places provided therefor in each 16.20.015 Adoption of Appendix Chapters. and every section of such California Plumbing Code wherein 16.20.020 Name insertion. either the name of the city or state is left blank. (Ord. 19-2189, § 1 (part), 2019) 16.20.010 Adoption of the 2019 California Plumbing Code based on the 2018 Uniform Plumbing Code. A. Except as otherwise provided in this chapter,the provisions of the 2019 California Plumbing Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) 16.20.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2019 California Plumbing Code are hereby adopted: Appendix A: Recommended Rules for Sizing the Water Supply System; Appendix B: Explanatory Notes on Combination Waste and Vent Systems; Appendix C: Alternate Plumbing Systems; Appendix D: Sizing Storm Water Drainage Systems; Appendix H: Private Sewage Disposal Systems; Appendix I: Installation Standards for PEX Tubing Systems for Hot- and Cold-Water Distribution. (Ord. 19-2189, § 1 (part), 2019) r 33 2020 S-75 Cupertino -Buildings and Construction 34 1.6.24.010 CHAPTER 16.24: MECHANICAL CODE Section 16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018 Uniform Mechanical Code. 16,24.015 Adoption of Appendix Chapters. 16.24.020 Name insertion. 16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018 Uniform Mechanical Code. A. Except as otherwise provided in this chapter,the provisions of the 2019 California Mechanical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) I I 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2019 California it Mechanical Code have been adopted. (Ord. 19-2189, § 1 (part), 2019) 16.24.020 Name Insertion. The names "Cupertino" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of such California Mechanical Code wherein either the name of the city or state is left blank. (Ord. 19-2189, § 1 (part), 2019) 35 2020 S-75 Cupertino-Buildings and Construction 36 16.40.010 CHAPTER 16.40: FIRE CODE Section 16.40.010 Adoption of the 2019 California Fire modified, added or amended by this ordinance, and is by Code and 2018 International Fire such adopted by reference. Code. B. One (1) copy of each volume of the code 16.40.015 Adoption of Appendix Chapters. therefore is on file in the office of the Building Official and 16.40.020 Chapter 1 - Administration. the Fire Code Official pursuant to Health and Safety Code 16.40.040 Chapter 2- Definitions. Section 18942 and are made available for public inspection. 16.40.060 Chapter 3 - General Requirements. (Ord. 19-2189, § 1 (part), 2019) 16.40.080 Chapter 5 - Fire Service Features. 16.40.100 Chapter 6- Building Services and 16.40.015 Adoption of Appendix Chapters. Systems. The following Appendix Chapters from the 2019 16.40.120 Chapter 8 -Decorative Vegetation in California Fire Code are hereby adopted. New and Existing Buildings. 16.40.140 Chapter 9-Fire Protection and Life Appendix B: Fire-Flow Requirement for Buildings. Safety Systems. Appendix C: Fire Hydrant Locations and Distribution. 16.40.160 Chapter 11 -Construction Appendix O: Temporary Haunted Houses, Ghost Requirements for Existing Buildings. Walks and Similar Amusement Uses. (Ord. 19-2189, § 1 16.40.180 Chapter 33 -Fire Safety During (part), 2019) Construction and Demolition. 16.40.200 Chapter 49-Requirements for 16.40.020 Chapter 1-Administration. Wildland-Urban Interface Fire Add Section 101.3.1 to the 2019 California Fire Code Areas. to read as follows: 16.40.220 Chapter 50-Hazardous Materials - General Provisions. 101.3.1 Administration. The City Manager, through 16.40.240 Chapter 56-General-Explosives the powers vested by the City Council, shall have the and Fireworks. authority to delegate any and all responsibility for the 16.40.260 Chapter 57-Flammable and maintenance and enforcement of the provisions of this Code Combustible Liquids. to whichever legal entity he feels best serves the interests of 16.40.280 Chapter 58 -Flammable Gases and the City. Flammable Cryogenic Fluids. Wherever the words "Chief," "Fire Marshal, "fire 16.40.300 Chapter 60 -Highly Toxic and code official," "Fire Department," "Fire Prevention Toxic Materials. Bureau," "Fire Chief," and other such similar words are 16.40.320 Chapter 61 -Liquefied Petroleum used, they shall mean and refer to such legal entity Gases. designated by the City Manager of Cupertino under the 16.40.340 Chapter 64-Pyrophoric Materials. authority of the City Council of Cupertino. Wherever the words "municipality," "jurisdiction,"or "city" are used, they shall mean the City of Cupertino. 16.40.010 Adoption of the 2019 California Fire Wherever the words "Executive Body" are used, they Code and 2018 International Fire Code. shall mean the City Council of Cupertino. A. Except as otherwise provided in this chapter, the Wherever the words "Administrator" or "Executive" provisions of the 2019 California Fire Code and also the are used, they shall mean the City Manager of Cupertino. 2018 International Fire Code, and specified Appendices and Wherever the words "District Attorney" or each and all of the regulations, provisions, conditions and "Corporation Counsel" are used, they shall mean the City terms of the code is referred to as if fully set forth in this Attorney of Cupertino. chapter, except such portions as are hereinafter deleted, 45 2020 S-75 16.40.020 Cupertino-Buildings and Construction 46 Wherever the words "Board of Appeal" are used,they Amend Table 105.6.20 of the 2019 California Fire shall mean the City Council of Cupertino or the body Code to read as follows: appointed by the Council to pass on matters pertaining to fire safety. TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See Section 105.6.16 Corrosive materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Explosive materials See Section 105.6.14 Flammable materials: Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 100 pounds Highly toxic materials: Gases See Section 105.6.8 Liquids Any Amount Solids Any Amount Moderately toxic materials: Gases See Section 105.6.8 Other health hazard materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Oxidizing materials: Gases See Section 105.6.8 Liquids: Class 4 Any Amount Class 3 1 gallon' Class 2 10 gallons Class 1 55 gallons Solids: Class 4 Any Amount Class 3 10 pounds' Class 2 100 pounds Class 1 500 pounds 2020 S-75 47 Fire Code 16.40.020 TYPE OF MATERIAL AMOUNT Organic peroxides: Liquids Class I Any Amount Class II Any Amount Class III 1 gallon Class IV 2 gallons Class V No Permit Required Solids Class I Any Amount Class II Any Amount Class I1I 10 pounds Class IV 20 pounds Class V No Permit Required Pyrophoric materials: Gases Any amount Liquids Any amount Solids Any amount Toxic materials: Gases See Section 105.6.8 Liquids 10 gallons Solids 100 pounds Unstable (reactive)materials: Liquids Class 4 Any Amount Class 3 Any Amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any Amount Class 3 Any Amount Class 2 50 pounds Class 1 100 pounds Water-reactive materials: Liquids Class 3 Any Amount Class 2 5 gallons Class 1 55 gallons 2020 S-75 i 16.40.020 Cupertino -Buildings and Construction 48 i i TYPE OF MATERIAL AMOUNT Water-reactive materials: Solids Class 3 Any Amount Class 2 50 pounds Class 1 500 pounds For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a. 20 gall ons for Class 3 oxidizers when Table 5003.1.l(1)Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b. 200 pounds for Class 3 oxidizers when Table 5003.1.1(1)Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less. Delete Section 105.6.30 of the 2019 California Fire [A]105.7.4 Compressed Gases.A construction permit Code. is required to install any piped distribution system for compressed gases,or to install a non-flammable medical gas Add Section 105.6.52 to the 2019 California Fire Code manifold system.A construction permit is required to install, to read as follows: repair damage to, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas 105.6.52 Day care facility. An operational permit is system. required to operate a business as a day care facility for more than 6 people. Exceptions: 1. Routine maintenance. Add Section 105.6.53 to the 2019 California Fire Code 2. For emergency repair work performed on an to read as follows: emergency basis, application for permit shall be made within two working days of commencement 105.6.53 Institutional.A permit is required to operate, of work. maintain, or use any institutional type occupancy. For the The permit applicant shall apply for approval to purpose of this Section, an institution shall be, but is not close storage,use or handling facilities at least 30 days limited to: hospitals, children's home, home or institution prior to the termination of the storage, use or handling for insane or mentally retarded persons, home or institution of compressed or liquefied gases. Such application for the care of aged or senile persons, sanitarium,nursing or shall include any change or alteration of the facility convalescent home, certified family care homes, residential closure plan. This 30-day period may be waived by the care homes for the elderly, out of home placement facilities, chief if there are special circumstances requiring such halfway house, and day care nurseries or similar facility of waiver. any capacity. Amend Section 105.7.5 of the 2019 California Fire Add Section 105.6.54 to the 2019 California Fine code Code to read as follows: to read as follows: [A] 105.7.5 Cryogenic fluids. A construction permit 105.6.54 Lithium Batteries. An operational permit is is required for installation of or alteration to cryogenic fluid required to collect or store more than 1,000 pounds(454 kg) storage systems where the system capacity exceeds the of lithium batteries. amounts listed in Table 105.6.10.Maintenance performed in accordance with this code is not considered an alteration and Add Section 105.6.55 to the 2019 California Fire Code does not require a construction permit. to read as follows: Add Section 106.2.1 of the 2019 California Fire Code 105.6.55 Additive Manufacturing. An operational to read as follows: permit is required to conduct additive manufacturing operations as covered in Section 321.3. 106.2.1 Construction permit fees. Construction permit fees and plan review fees for fire hydrant systems, Amend Section 105.7.4 of the 2019 California Fire fire extinguishing systems and fire alarm systems shall be Code to read as follows: 2020 S-75 49 Fire Code 16.40.020 paid to the Santa Clara County Fire Department in Add Section 106.2.2 the 2019 California Fire Code to accordance with the following table based on valuation.The read as follows: i valuation shall be limited to the value of the system for 106.2.2 Operational permit fees. Operational permit 4 which the permit is being issued. Plan review fees are 65% fees shall be paid to the Santa Clara County Fire Department g of the Permit Fee amount. For the purposes of determining as follows: the total fee amount for each permit, the plan review fee shall be added to the Permit Fee. FACILITY TYPE PERMIT FEE 1. Institutional TOTAL PERMIT FEE A. More than 6 persons $75.00- VALUATIONS Annually $1.00 to$500.00 $23.50 B. Over 50 persons $100.00- Annually $501.00 to $23.50 for the first$500.00 plus $2,000.00 $3.05 for each additional 2. Day Care Facilities $100.00, or fraction thereof, to More than 6 clients $35.00- and including$2,000.00 Annually $2,001.00 to $69.25 for the first$2,000.00 3. 1 Places of Assembly $25,000.00 plus $14.00 for each additional A. 50-300 persons $50.00- $1,000.00 or fraction thereof, to Annually and including$25,000.00 B. Over 300 persons $85.00- $25,001.00 to $391.25 for the first$25,000.00 Annually $50,000.00 plus $4.00 for each additional 4. Temporary Membrane $85.00-Each $1,000.00, or fraction thereof, Structures, Tents and Canopies occurrence to and including$50,000.00 (Only those requiring permits in accordance with Section $50,001.00 to $630.15 for the first$50,000.00 105.6.47). $100,000.00 plus $13.60 for each additional $1,000.00, or fraction thereof, Add Section 107.5 to the 2019 California Fire Code to to and including$100,000.00 read as follows: $100,001.00 to $986.75 for the first $500,000.00 $100,000.00 plus $7.00 for each 107.5 Final Inspection.No final inspection as to all or additional 0 plus or fraction any Portion of a development shall be deemed completed thereof, l and including until the installation of the required fire protection facilities thereof, to a and access ways have been completed and approved. No $500, final certificate of occupancy may be granted until the Fire $500,001 to $3,228.15 for the first Department issues notice of final clearance of such fire $1,000,000.00 $500,000.00 plus $5.35 for each protection facilities and access ways to the Building additional$1,000.00, or fraction Department. (Ord. 19-2189, § 1 (part), 2019) thereof, to and including $1,000,000.00 16.40.040 Chapter 2-Definitions. Amend Chapter 2 of the 2019 California Fire Code and $1,000,001 and up $5,604.00 for the first 2018 International Fire Code with the following definitions $1,000,000.00 plus $4.75 for added: j each additional$1,000.00, or fraction thereof 3D PRINTER. A machine used in the additive manufacturing process for fabricating objects through the Additional re-inspections, in connection with the deposition of a material using a print head, nozzle, or permits above, are to be paid at$120.00 for each another printer technology. occurrence at the discretion of the fire code official. Cancelled inspections without advance notice are to be paid at$120.00 for each occurrence. 2020 S-75 16.40.040 Cupertino -Buildings and Construction 50 ADDITIVE MANUFACTURING. A process of safely and securely containing the material, without joining materials to make objects from 3D model data, discharge, for a period of time reasonably to ensure usually layer upon layer, sometimes referred to as 3D detection and remedy of the primary containment failure. printing. The Code recognizes two types of additive manufacturing: SPILL CONTROL. That level of containment that is 1. Industrial additive manufacturing. 3D printing external to and separate from the primary containment and operations that typically utilize combustible powders or is capable of safely and securely containing the contents of metals, an inert gas supply, a combustible dust collection the largest container and prevents the materials from system, or that create a hazardous (classified)location area spreading to other parts of the room. or zone outside of the equipment. 2. Non-industrial additive manufacturing. 3D WORKSTATION. A defined space or an independent printing operations that do create a hazardous (classified) principal piece of equipment using hazardous materials with location area outside of the equipment, and do not utilize an a hazard rating of 3 or 4 in accordance with NFPA 704 inert gas supply or a combustible dust collection system. where a specific function,laboratory procedure or research activity occurs. Approved or listed hazardous materials CORROSIVE LIQUID. Corrosive liquid is: storage cabinets, flammable liquid storage cabinets or gas 1. any liquid which, when in contact with living cabinets serving a workstation are included as part of the tissue, will cause destruction or irreversible alteration of workstation. A workstation is allowed to contain ventilation such tissue by chemical action; equipment, fire protection devices, detection devices, 2. any liquid having a pH of 2 or less or 12.5 or electrical devices, and other processing and scientific more; equipment. (Ord. 19-2189, § 1 (part), 2019) 3. any liquid classified as corrosive by the U.S. Department of Transportation; and 16.40.060 Chapter 3 -General Requirements. 4. any material exhibiting the characteristics of Add Section 315.8 to the 2019 California Fire Code to corrosivity in accordance with Title 22, California Code of read as follows: Regulations § 66261.22. 315.8 LITHIUM BATTERY STORAGE AND MINIMUM THRESHOLD QUANTITY. Minimum HANDLING threshold quantity is the aggregate of highly toxic, toxic or moderately toxic gases in a control area which, due to the 315.8 Lithium Battery Storage and Handling. The minimum aggregate quantities, need only comply with the storage and handling of lithium ion and lithium metal requirements set forth in Section 6004.1, batteries or cells in quantities exceeding 1,000 pounds(4086 kg) shall comply with Section 315.8.1 through 315.8.10, MODERATELY TOXIC GAS. A chemical or and Chapter 32 where applicable. substance that has a median lethal concentration(LC50) in air more than 2000 parts per million but not more than 5000 315.8.1 Permits.Permits shall be required as set parts per million by volume of gas or vapor, when forth in Section 105.6.54. administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing 315.8.2 Maximum quantity in a fire area. The between 200 and 300 grams each. aggregate amount of lithium batteries stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg). OTHER HEALTH HAZARD MATERIAL. Is a hazardous material which affects target organs of the body, 315.8.3 Construction requirements. Fire areas including but not limited to, those materials which produce shall be separated from each other by fire barriers having liver damage, kidney damage, damage to the nervous not less than 2-hour fire resistance rating constructed in system, act on the blood to decrease hemoglobin function, accordance with Section 707 of the Building Code and deprive the body tissue of oxygen or affect reproductive horizontal assemblies constructed in accordance with Section capabilities, including mutations(chromosomal damage)or 711 of the Building Code. teratogens (effect on fetuses). 315.8.4 Number of fire areas. The maximum SECONDARY CONTAINMENT. Secondary number of fire areas within a building shall be four. containment is that level of containment that is external to and separate from primary containment and is capable of 2020 S-75 51 Fire Code 16.40.060 i 315.8.5 Group H, Division 2 occupancy. Exception: Storage and handling of more than 9,000 pounds of lithium Where the roof opening is greater than 600 square feet batteries per fire area shall be in an approved Group H, in area. Division 2 occupancy constructed in accordance with the Building Code and provided throughout with approved Add Section 321 to the 2019 California Fire Code to automatic smoke detection and radiant-energy detection read as follows: systems. 321.1 General.Additive manufacturing equipment and "{ 315.8.6 Automatic sprinkler system. Buildings operations shall comply with Section 320. containing fire areas used for lithium battery storage or handling shall be equipped throughout with an approved 321.1.1 Scope. Additive manufacturing shall automatic sprinkler system in accordance with Section comply with one of the following: 903.3.1.1. The design of the sprinkler system within each 1. Non-industrial additive manufacturing shall fire area shall not be less than that required for Extra comply with Section 321.2. Hazard Group 2 with a minimum design area of 2,500 2. Industrial additive manufacturing shall square feet. Where the storage arrangement is required by comply with Section 321.3. other provisions of this code to be provided with a higher level of sprinkler system protection, the higher level of 321.1.2 Installation, operation and sprinkler system protection shall be provided. maintenance.3D printers and associated additive manufacturing equipment shall be installed, 315.8.7 Automatic smoke detection system.An operated and maintained in accordance with this approved automatic smoke detection system that activates an Code, the listing and the manufacturer's approved occupant notification system shall be provided instructions. throughout each fire area in accordance with Section 907. 321.1.3 Production materials. Only the 315.8.8 Radiant energy detection. An approved production materials listed for use with the radiant-energy detection system that activates an approved equipment and included in the manufacturer's occupant notification system shall be installed throughout instructions shall be used. each fire area in accordance with Section 907. 321.2 Non-industrial additive manufacturing. 315.8.9 Collection containers. Containers used Non-industrial additive manufacturing equipment and to collect or store lithium batteries shall be noncombustible operations shall comply with Section 321.2.1 through and shall not have an individual capacity exceeding 30 321.2.4. Additive manufacturing equipment and operations gallons (113.6 L), or be approved for transportation in that do not comply with Section 321.2 shall comply with accordance with the Department of Transportation(DOT). Section 321.3. 315.8.10 Storage configuration. Lithium 321.2.1 Listing. 3D printers used in batteries shall be considered a high-hazard commodity in non-industrial additive manufacturing shall be accordance with Chapter 32 and where applicable, lithium listed and labeled in accordance with UL battery storage shall comply with Chapter 32 in addition to 60950-1, UL 62368-1 or UL 2011. The listing Section 315.8. shall also verify: 1. The 3D printers are self-contained and Add Section 316.7 to the 2019 California Fire Code to utilize maximum 30 liter pre-packaged read as follows: production materials. 2. The operation of the 3D printers shall not 316.7 Roof guardrails at interior courts. Roof create a hazardous (classified) electrical openings into interior courts that are bounded on all sides by area or outside of the unit. building walls shall be protected with guardrails. The top of 3. If any hazardous(classified) electrical area the guardrail shall not be less than 42 inches in height above or zone exists inside of the unit's outer the adjacent roof surface that can be walked on. enclosure, the area shall be protected by Intermediate rails shall be designed and spaced such that a intrinsically safe electrical construction or 12.-inch diameter sphere cannot pass through. other acceptable protection methods. 2020 5-75 16.40.060 Cupertino -Buildings and Construction 52 4. The 3D printers shall not utilize inert gas or 321.3.8 Hazardous materials.Industrial additive an external combustible dust collection. manufacturing operations that store or use hazardous materials exceeding the maximum 321.2.2 Occupancies. Non-industrial additive allowable quantity limits shall comply with manufacturing shall be permitted in all occupancy Chapter 50. groups. 321.3.9 Inert Gas. Additive manufacturing 321.3 Industrial additive manufacturing. Industrial processes that utilize inert gases shall comply additive manufacturing equipment and operations shall with Chapter 53. Ventilation or gas detection comply with Section 321.3.1 through 321.3.13. shall be provided in accordance with Section 5307. 321.3.1 Permits required. Permits shall be obtained from the fire code official in accordance 321.3.10 Technical assistance. Where required with Section 105.6.55 prior to engaging. in by the fire code official, a report evaluating the industrial additive manufacturing operations. acceptability of technologies, processes, products,facilities,materials and uses associated 321.3.2 Listing. 3D printers used in industrial with the operation shall be provided in additive manufacturing shall be listed and labeled accordance with 104.7.2 and approved. in accordance with UL 2011 or approved for the application based on a field evaluation conducted 321.3.11 Performance based design by an approved agency. alternative. Where approved by the fire code official, buildings and facilities where industrial 321.3.3 Combustible dusts and metals. additive manufacturing is performed shall be Industrial additive manufacturing operations that permitted to comply with the performance-based store, use or produce combustible dust, design options in Section 5001.3 as an alternative combustible particulate solids or combustible to compliance with the other requirements set metals shall comply with Chapter 22 and this forth in this Section. section. 321.3.12 Occupancies. Industrial additive 321.3.4 Powder evaluation. Printing powders manufacturing shall only be conducted in the used in industrial additive manufacturing occupancy groups associated with manufacturing operations shall be tested for combustibility in operations. The occupancy may be required by accordance with NFPA 484 or NFPA 652 as the fire code official to comply with Chapter 50 applicable. A copy of test reports shall be maximum allowable quantity tables. Where provided to the fire code official upon request. approved, the requirements in Sections 321.2.5 and 321.3.6 shall be permitted to provide the 321.3.5 Combustible (non-metallic) dusts. technical basis for determining compliance with Industrial additive manufacturing that uses Table 5003.1.1(1), footnote q. operations that store,use or produce combustible (non-metallic) dusts shall comply with NFPA 321.3.13 Safety Certification. The equipment, 654. process, training procedures and occupancy associated with industrial additive manufacturing 321.3.6 Combustible metals.Industrial additive may be required by the fire code official to manufacturing operations that store or use receive a safety certification from Underwriter's combustible metals shall also comply with NFPA Laboratory or equivalent. (Ord. 19-2189, § 1 484. (part), 2019) 321.3.7 Ancillary equipment. Ancillary 16.40.080 Chapter 5-Fire Service Features. equipment provided for recycling, sieving, Amend Section 503.1 of the 2019 California Fire Code vacuuming or handling combustible powders shall to read as follows: be designed and approved for such use. 2020 S-75 53 Fire Code 16.40.080 503.1 Where required. Fire apparatus access roads 503.2.2 Authority. The fire code official shall have 1 shall be provided and maintained in accordance with the authority to require or permit modifications to the Sections 503.1.1 through 503.1.3 and as required by the required access widths and/or vertical clearance where they Fire Department access road Standards. are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the Amend Section 503.1.1 as follows: jurisdiction. 503.1.1 Buildings and facilities. Approved fire Adopt Section 504.5 to the 2019 California Fire Code apparatus access roads shall be provided for every facility, to read as follows: building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus 504.5 Access Control Devices. When access control access road shall comply with the requirements for this devices including bars, grates, gates, electric or magnetic section and shall extend to within 150 feet(45 720 min) of locks or similar devices, which would inhibit rapid fire all portions of the facility and all portions of the exterior department emergency access to or within the building are walls of the first story of the building as measured by an installed, such devices shall be approved by the fire code approved route around the exterior of the building or official. All electrically powered access control devices facility, shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved Exceptions: by the fire code official. 1. In other than R-3 or U occupancies, when the Access control devices shall also comply with Chapter building is equipped throughout with an approved 10 Egress. automatic sprinkler system, installed in accordance with Sections 903.3.1.1, the Amend Section 5 10.1 of the 2019 California Fire Code dimension may be increased to a maximum of to read as follows: 300 feet when approved by the fire code official. 2. When there are not more than two Group R-3 or 510.1 Emergency responder radio coverage in new accessory Group U occupancies, the dimension buildings. Approved radio coverage for emergency may be increased to a maximum of 200 feet. responders shall be provided within all buildings meeting 3. When apparatus roads cannotbe installed because any one of the following conditions: of topography,waterways,nonnegotiable grades 1. There are more than 3 stories above grade plane or other similar conditions, an approved (as defined by the Building Code Section 202); alternative means of fire protection shall be 2. The total building area is 30,000 square feet or provided. more; 3. The total basement area is 5,000 square feet or Amend Section 503.2.1 of the 2019 California Fire more; Code to read as follows: 4. Where required by the fire code official and radio coverage signal strength levels are not consistent 503.2.1 Dimensions. Fire apparatus access roads shall with the minimum levels set forth in Section have an unobstructed width of not less than 20 feet (6096 510.4.1. mm), exclusive of shoulders, or as required by fire Exceptions: department access road standards, except for approved 1. Where approved by the fire code official, a wired security gates in accordance with Section 503.6, and an communication system in accordance with unobstructed vertical clearance of 13 feet 6 inches (4115 Section 907.2.12.2 shall be permitted to be MM). installed or maintained in lieu of an approved radio coverage system. Exception: 2. Where it is determined by the fire code official When there are not more than two Group R, Division that the radio coverage system is not needed. 3,or Group U occupancies,the access road width may 3. In facilities where emergency responder radio be modified by the fire code official. coverage is required and such systems, components or equipment required could have a Amend Section 503.2.2 of the 2019 California Fire negative impact on the normal operations of that Code as follows: facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. 2020 S-75 16.40.080 Cupertino -Buildings and Construction 54 4. Buildings and areas of buildings that have 510.4.1.1 Minimum signal strength into the minimum radio coverage signal strength levels of building. The minimum inbound signal strength shall be the Silicon Valley Regional Interoperability sufficient to provide usable voice communications Authority (SVRIA) P25 Phase 2 700 MHZ throughout the coverage area as specified by the fire code Digital Trunked Radio System within the building official. The inbound signal level shall be sufficient to in accordance with Section 510.4.1 without the provide not less than a Delivered Audio Quality (DAQ) of use of an indoor radio coverage system. 3.0 for analog communications and DAQ of 3.4 for digital The radio coverage system shall be installed and communications systems or an equivalent maintained in accordance with Sections 510.4 through Signal-to-Interference-Plus-Noise Ratio (SINR) applicable 510.6.4 of this code and with the applicable provisions of to the technology. NFPA 1221, Standard for the Installation,Maintenance and Use of Emergency Services Communications Systems. Amend Section 510.4.1.2 of the 2019 California Fire The coverage shall be based upon the existing coverage Code to read as follows: levels of the public safety communication systems of the jurisdiction at the exterior of the building.This section shall 510.4.1.2 Minimum signal strength out of the not require improvement of the existing public safety building. The minimum outbound signal strength shall be communication systems. sufficient to provide usable voice communications throughout the coverage area as specified by the fire code Add Section 510.1.1 of the 2019 California Fire Code official. The outbound signal level shall be sufficient to to read as follows: provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4 for digital communications 510.1.1 Obstruction by new buildings. No systems or an equivalent SINR applicable to the technology. obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan. Amend Section 510.5 of the 2019 California Fire Code to read as follows: Delete Section 510.2 of the 2019 California Fire Code. 510.5 Installation requirement. The installation of �. Amend Section 510.3 of the 2019 California Fire Code the emergency responder radio coverage system shall be in to read as follows: accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details & 510.3 Permit required.A construction permit,for the Specification enforced by the Santa Clara County Fire installation of, or modification of, emergency responder Department. radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in Amend Section 510.5.1 of the 2019 California Fire accordance with this code is not considered a modification Code to read as follows: and does not require a permit. A frequency change made to an existing system is considered to be new construction and 510.5.1 Approval prior to installation.Amplification will require a construction permit. systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing Amend Section 510.4 of the 2019 California Fire Code authority shall not be installed without prior coordination to read as follows: and approval of the fire code official and the agency FCC license holder or systems administrator. 510.4 Technical requirements. Systems,components and equipment required to provide the emergency responder Amend the First Paragraph of Section 510.5.3 of the radio coverage system shall comply with the current 2019 California Fire Code to read as follows: Emergency Responders Radio Coverage Systems Standard Details&Specification enforced by the Santa Clara County 510.5.3 Acceptance test procedure. Where an Fire Department. emergency responder radio coverage system is required,and upon completion of installation, the building owner shall Amend Section 510.4.1.1 of the 2019 California Fire have the radio system tested to verify that two-way coverage Code to read as follows: on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level �s 2020 S-75 55 Fire Code 16.40.080 and DAQ testing with agency FCC license holder, systems Amend Section 903.2 of the 2019 California Fire Code administrators, or designee. (Ord. 19-2189, § 1 (part), to read as follows: 2019) 903.2 Where required.Approved automatic sprinkler 16.40.100 Chapter 6-Building Services and systems in new and existing buildings and structures shall be Systems. provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more SECTION 603 FUEL-FIRED APPLIANCES restrictive. For the purposes of this section, firewalls and fire Amend Section 603.4.2.1.1 by deleting the exception: barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall 603.4.2.1.1 Prohibited locations.The storage or not be utilized as a means of area reduction for the purposes use of portable outdoor gas-fired heating of circumventing automatic fire sprinkler system installation appliances is prohibited in any of the following requirement. locations: 1. An approved automatic sprinkler system shall be 1. Inside of any occupancy where connected to provided throughout all new buildings and the fuel gas container. structures. 2. Inside of tents, canopies and membrane structures. Exceptions: 3. On exterior balconies. and rooftops in other a. Buildings and structures that do not exceed than R-3 occupancies. 1,000 square feet of building area and that are not located in the Wildland-Urban Add Section 604.12 to the 2019 California Fire Code Interface Fire Area. to read as follows: b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area and 604.12 Immersion Heaters. All electrical immersion do not exceed 500 square feet of building heaters used in dip tanks, sinks, vats and similar operations area. shall be provided with approved over-temperature controls c. Group S-2 or U occupancies that are not and low liquid level electrical disconnects. Manual reset of located in the Wildland-Urban Interface and required protection devices shall be provided. (Ord. used exclusively for vehicle parking and 19-2189, § 1 (part), 2019) meeting all of the following conditions: i. Noncombustible construction 16.40.120 Chapter 8-Decorative Vegetation in ii. Maximum building area not to exceed New and Existing Buildings. 5,000 square feet Amend Section 806.1.1 of the 2019 California Fire iii. Structure is open on three(3) or more Code to read as follows: sides iv. Minimum of 10 feet separation from 806.1.1 Restricted occupancies. The display of existing buildings unless area is natural cut trees and other decorative vegetation shall be in separated by fire walls complying with accordance with the California Code of Regulations, Title CBC 706. 19, Division 1, § 3.08 and Sections 806.1 through 806.4. (Ord. 19-2189, § 1 (part), 2019) 2. An automatic sprinkler system shall be provided throughout existing buildings and structures when 16.40.140 Chapter 9-Fire Protection and Life alterations or additions are made that create Safety Systems. conditions described in Sections 903.2.1 through Amend Section 901.6.3 of the 2019 California Fire 903.2.18. Code to read as follows: 3. An automatic sprinkler system shall be provided throughout existing buildings and structures, 901.6.3 Records. Records of all system inspections, when additions are made that increase the tests and maintenance required by the referenced standard building area to more than 3,600 square feet. shall be maintained on the premises for a minimum of five years. Inspections and tests performed on fire alarm systems shall be documented on NFPA 72 forms. 2020 S-75 16.40.140 Cupertino -Buildings and Construction 56 Exception: 16.40.180 Chapter 33 -Fire Safety During One or more additions made to a building after Construction and Demolition. January 1, 2011 that does not total more than Add Section 3304.9 to the 2019 California Fire Code 1,000 square feet of building area. to read as follows: 4. An automatic sprinkler system shall be provided 3304.9 Fire Walls. When firewalls are required in throughout all new basements regardless of combustible construction, the wall construction shall be size and throughout existing basements that completed (with all openings protected) immediately after are expanded by more than 50%. the building is sufficiently weather-protected at the location 5. Any change in the character of occupancy or in of the wall(s). use of any building with a building area equal to or greater than 3,600 square feet which, in the Amend Section 3311.1 of the 2019 California Fire opinion of the fire code official or Building Code to read as follows: Official, would place the building into a more hazardous division of the same occupancy group 3311.1 Stairways Required.Each level above the first or into a different group of occupancies and story in new multi-story buildings that require two exit constitutes a greater degree of life safety' or stairways shall be provided with at least two usable exit increased fire risk , shall require the installation stairways after the floor decking is installed. The stairways of an approved automatic fire sprinkler system. shall be continuous and discharge to grade level. Exit stairs in new and in existing, occupied buildings shall be lighted ' Life Safety - Increased occupant load, public and maintained clear of debris and construction materials at assembly areas, public meeting areas, churches, all times. indoor amusement attractions, buildings with complex exiting systems due to increased Exception: For new multi-story buildings, one of the occupant loads, large schools/day-care facilities, required exit stairs may be obstructed on not more than large residential care facilities with two contiguous floor levels for the purposes of non-ambulatory; stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). z Fire Risks - High-piled combustible storage, woodworking operations, hazardous operations Adopt Section 3311.1.1 of the 2019 California Fire using hazardous materials, increased fuel loads Code to read as follows: (storage of moderate to highly combustible materials), increased sources of ignition Section 3311.1.1 Required Means of Egress.All new (welding, automotive repair with the use of buildings under construction shall have at least one flammable liquids and open flames). unobstructed means of egress. All means of egress shall be identified in the prefire plan. See Section 3308.3. (Ord. Amend Section 903.2.18 of the 2019 California Fire 19-2189, § 1 (part), 2019) Code to delete the Exception: 16.40.200 Chapter 49-Requirements for Amend Section 909.20.1 of the 2019 California Fire Wildland-Urban Interface Fire Areas. Code to read as follows: Amend Section 4902 of the 2019 California Fire Code with the following definition amended: 909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately WILDLAND-URBANINTERFACE FIRE AREA. A after the smoke control system has passed the acceptance geographical area identified by the state as a "Fire Hazard tests. A written schedule for routine maintenance and Severity Zone" in accordance with the Public Resources operational testing shall be established and both shall occur Code Sections 4201 through 4204 and Government Code at least annually. (Ord. 19-2189, § 1 (part), 2019) Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from 16.40.160 Chapter 11-Construction wildfires. The Wildland-Urban Interface Fire Area shall be areas within the City Cupertino as set forth Requirements for Existing Buildings. defined as all ty of Cu P q g Delete Chapter 11 of the 2018 International Fire Code and delineated on the map entitled "Wildland-Urban in its entirety. (Ord. 19-2189, § 1 (part), 2019) Interface Fire Area" which map and all notations, 2020 S-75 56A Fire Code 16.40.200 references, data and other information shown thereon are 2. Maintain additional effective defensible space by hereby adopted and made a part of this chapter. The map removing brush, flammable vegetation and properly attested, shall be on file in the Office of the City combustible growth located 30 feet to 100 feet Clerk of the City of Cupertino. (9144 mm to 30480 mm) when required by the fire code official due to steepness of terrain or Amend Section 4906.2 of the 2019 California Fire other conditions that would cause a defensible Code to read as follows: space of only 30 feet (9144 mm) to be insufficient. 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous Exception: Grass and other vegetation located vegetation and fuel management: more than 30 feet (9144 mm) from buildings or 1. All unincorporated lands designated by the State structures and less than 18 inches (457 mm) in Board of Forestry and Fire Protection as State height above the ground need not be removed Responsibility Areas (SRA)including: where necessary to stabilize the soil and prevent 1.1. Moderate Fire Hazard Severity Zones erosion. 1.2. High Fire Hazard Severity Zones 1.3. Very-High Fire Hazard Severity Zones 3. Remove portions of trees,which extend within 10 2. Land designated as a Very-High Fire Hazard feet(3048 mm)of the outlet of a chimney. Severity Zone or as a Wildland Urban Interface 4. Maintain trees adjacent to or overhanging a Fire Area by the City of Cupertino. building free of deadwood; and 5. Maintain the roof of a structure free of leaves, Amend Section 4907.1 of the 2019 California Fire needles or other dead vegetative growth. Code to read as follows: 6. Defensible space shall also be provided around water tank structures, water supply pumps and 4907.1 General. Defensible space will be maintained pump houses. around all buildings and structures in State Responsibility 7. Remove flammable vegetation a minimum of 10 Area(SRA) as required in Public Resources Code 4290 and feet around liquefied petroleum gas "SRA Fire Safe Regulations" California Code of tanks/containers. Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 8. Firewood and combustible materials shall not be 2, Section 1270. stored in unenclosed spaces beneath buildings or Buildings and structures within the Very-High Fire structures, or on decks or under eaves, canopies Hazard Severity Zones of a Local Responsibility Area or other projections or overhangs.The storage of (LRA) shall maintain defensible space as outlined in firewood and combustible material within the Government Code 51175 — 51189 and any local ordinance defensible space shall be located a minimum of of the authority having jurisdiction. 30 feet(6096 mm)from structures and separated Persons owning, leasing, controlling, operating or from the crown of trees by a minimum horizontal maintaining buildings or structures in the locally adopted distance of 15 feet (4572 mm). Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard Severity Zone and persons Exception: Firewood and combustible materials owning, leasing or controlling land adjacent to such not for consumption on the premises shall be buildings or structures, shall at all times: stored as approved by the fire code official. 1. Maintain an effective defensible space by removing and clearing away flammable 9. Clear areas within 10 feet (3048 mm) of fire vegetation and combustible growth from areas apparatus access roads and driveways of within 30 feet (9144 mm) of such buildings or non-fire-resistive vegetation growth. structures. Exception:Single specimens of trees,ornamental d Exception:Single specimens of trees,ornamental vegetative fuels or cultivated ground cover, such shrubbery or similar plants used as ground as green grass, ivy, succulents or similar plants covers, provided that they do not form a means used as ground cover, provided they do not form of rapidly transmitting fire from the native a means of readily transmitting fire. growth to any structure. 2020 S-75 16.40.200 Cupertino-Buildings and Construction 56B Adopt Section 4907.2 of the 2019 California Fire Code Electrical Code. The standby power source shall be capable to read as follows: of providing power for a minimum of two hours. 4907.2 Corrective Actions. The executive body is Exceptions: authorized to instruct the fire code official to give notice to 1. When approved by the code official, a standby the owner of the property upon which conditions regulated power supply is not required where the primary by Section 4907.1 exist to correct such conditions. If the power service to the stationary water supply owner fails to correct such conditions the executive body is facility is underground. authorized to cause the same to be done and make the 2. A standby power supply is not required where the expense of such correction a lien upon the property where stationary water supply facility serves no more such conditions exists. than one single-family dwelling. Adopt Section 4908 of the 2019 California Fire Code Adopt Section 4910 of the 2019 California Fire Code to read as follows: to read as follows: 4908.1 General. When required by the code official, 4910.1 Fireworks. Fireworks shall not be used or a fire protection plan shall be prepared. possessed in the Wildland-Urban Interface Fire Area. (Ord. 19-2189, § 1 (part), 2019) 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes 16.40.220 Chapter 50-Hazardous Materials- considerations of location, topography, aspect, flammable General Provisions. vegetation, climatic conditions and fire history. The plan Amend Section 5001.2.2.2 of the 2019 California Fire shall address water supply, access, building ignition and Code to read as follows: fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management. 5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A 4908.3 Cost. The cost of fire protection plan material with a primary classification as a health hazard can preparation and review shall be the responsibility of the also pose a physical hazard. applicant. 1. Highly toxic and toxic materials. 2. Corrosive materials. 4908.4 Plan Retention. The fire protection plan shall 3. Moderately toxic gas. be retained by the fire code official. 4. Other health hazards. Adopt Section 4909 of the 2019 California Fire Code Add Section 5001.5.3 to the 2019 California Fire Code to read as follows: to read as follows: 4909.1 General.Buildings and structures, or portions 5001.5.3 Hazardous materials business plan thereof,hereafter constructed or relocated into or within the (HMBP). Where required by the fire code official, Wildland-Urban Interface Fire Area shall be provided with facilities shall submit a Hazardous Materials Business Plan fire protection water supplies in accordance with Chapter 5 (HMBP) as required by California Health & Safety Code and Section 4909.2. (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be Exception: electronically submitted in accordance with the fire code Buildings containing only private garages, carports, official's requested timeframe and no less frequently than is sheds and agricultural buildings with a building area of required by the HSC. not more than 500 square feet(56 m). Add Section 5003.1.3.1 to the 2019 California Fire 4909.2 Standby power. Standby power shall be Code to read as follows: provided to pumps, controllers and related electrical equipment so that stationary water supply facilities within 5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic the widland-urban interface area that are dependent on Gases and Similarly Used or Handled Materials. The electrical power can provide the required water supply.The storage, use and handling of highly toxic, toxic and standby power system shall be in accordance with the 2020 S-75 56C Fire Code 16.40.220 1 ! moderately toxic gases in amounts exceeding Table 3. Readily accessible manual valves or automatic 6004.2.1.4 shall be in accordance with this chapter and remotely activated fail-safe emergency shutoff Chapter 60. Any highly toxic, toxic or moderately toxic valves shall be installed on supply piping and material that is used or handled as a gas or vapor shall be in tubing at the following locations: accordance with the requirements for highly toxic, toxic or 1. The point of use. moderately toxic gases. 2. The tank, cylinder or bulk use. 1. Manual emergency shutoff valves and controls Add Section 5003.1.5 to the 2019 California Fire Code for remotely activated emergency shutoff valves to read as follows: shall be identified and the location shall be clearly visible,accessible and indicated by means 5003.1.5 Other Health Hazards.The storage,use and of a sign. handling of materials classified as other health hazards 2. Backflow prevention or check valves shall be including carcinogens, irritants and sensitizers in amounts provided where the backflow of hazardous exceeding 810 cubic feet for gases, 55 gallons for liquids materials could create a hazardous condition or and 5,000 pounds for solids shall be in accordance with this cause the unauthorized discharge of hazardous Section 5003. materials. 3. Where gases or liquids having a hazard ranking Add Section 5003.1.6 to the 2019 California Fire Code of: to read as follows: Health hazard Class 3 or 4 Flammability Class 4 5003.1.6 Additional Spill Control and Secondary Reactivity Class 4 Containment Requirements. In addition to the in accordance with NFPA 704 are carried in requirements set forth in Section 5004.2, an approved pressurized piping above 15 pounds per square inch containment system is required for any quantity of hazardous gauge (psig) (103 Kpa), an approved means of leak materials, that are liquids or solids at normal temperature, detection and emergency shutoff or excess flow control and pressure (NTP) where a spill is determined to be a shall be provided. Where the piping originates from plausible event and where such an event would endanger within a hazardous material storage room or area, the people, property or the environment. The approved excess flow control shall be located within the storage containment system may be required to include a room or area. Where the piping originates from a bulk combination of spill control and secondary containment source, the excess flow control shall be located as meeting the design and construction requirements set forth close to the bulk source as practical. in Section 5004.2. Exceptions: Amend Section 5003.2.2.1 of the 2019 California Fire 1. Piping for inlet connections designed to Code to read as follows: prevent backflow. 2. Piping for pressure relief devices. 5003.2.2.1 Design and Construction.Piping,tubing, valves, fittings and related components used for hazardous 1. Secondary containment or equivalent protection materials shall be in accordance with the following: from spills or leaks shall be provided for piping for liquid hazardous materials and for highly 1. Piping, tubing, valves, fittings and related toxic and toxic corrosive gases above threshold components shall be designed and fabricated from quantities listed in Tables 6004.2.1.4. Secondary materials that are compatible with the material to containment includes, but is not limited to be contained and shall be of adequate strength double-walled piping. and durability to withstand the pressure, structural and seismic stress, and exposure to Exceptions: which they are subject. 1. Secondary containment is not required for 2. Piping and tubing shall be identified in toxic corrosive gases if the piping is accordance with ASME A13.1 and the Santa constructed of inert materials. Clara County Fire Chiefs Marking Requirements 2. Piping under sub-atmospheric conditions if 1 and Guidelines for Hazardous Materials and the piping is equipped with an alarm and I Hazardous Waste to indicate the material fail-safe-to-close valve activated by a loss of conveyed. vacuum. 2020 S-75 16.40.220 Cupertino- Buildings and Construction 56D 1. Expansion chambers shall be provided between or the environment, the fire code official shall be notified valves whenever the regulated gas may be immediately in an approved manner and the following subjected to thermal expansion. Chambers shall procedures required in accordance with Sections 5003.3.1.1 be sized to provide protection for piping and through 5003.3.1.4. instrumentation and to accommodate the expansion of regulated materials. Adopt Section 5003.5.2 of the 2019 California Fire Code to read as follows: Amend Section 5003.2.2.2 of the 2019 California Fire Code to read as follows: 5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the 5003.2.2.2 Additional Regulation for Supply Piping hazard class of the material being vented and the direction for Health Hazard Materials.Supply piping and tubing for of flow. gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following: Adopt Section 5003.5.3 of the 2019 California Fire Code to read as follows: 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive 5003.5.3 "H" Occupancies. In "H" occupancies, all liquids and gases shall have welded or brazed piping and tubing may be required to be identified when connections throughout except for connections there is any possibility of confusion with hazardous within an exhausted enclosure if the material is a materials transport tubing or piping. Flow direction gas, or an approved method of drainage or indicators are required. containment is provided for connections if the material is a liquid. Adopt Sec.5003.9.11 of the 2019 California Fire Code 2. Piping and tubing shall not be located within to read as follows: corridors, within any portion of a means of egress required to be enclosed in 5003.9.11 Fire Extinguishing Systems For fire-resistance-rated construction or in concealed Workstations Dispensing, Handling or Using Hazardous spaces in areas not classified as Group H Materials. Combustible and non-combustible workstations, Occupancies. which dispense,handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing Exception: Piping and tubing within the space system in accordance with Section 2703.10. defined by the walls of corridors and the floor or roof above or in concealed space above other Exception: Internal fire protection is not required for occupancies when installed in accordance with Biological Safety Cabinets that carry NSF/ANSI Section 415.11 of the California Building Code certification where quantities of flammable liquids in for H-5 Occupancies. use or storage within the cabinet do not exceed 500ml. 3. All primary piping for toxic, highly toxic and Amend Section 5003.10.4,5003.10.4.1,5003.10.4.2, moderately toxic gases shall pass a helium leak 5003.10.4.3, 5003.10.4.4 of the 2019 California Fire Code test of 1x10-9 cubic centimeters/second where to read: practical, or shall pass testing in accordance with an approved, nationally recognized standard. 5003.10.4 Elevators utilized to transport hazardous Tests shall be conducted by a qualified "third materials. party" not involved with the construction of the 5003.10.4.1 When transporting hazardous materials, piping and control systems. elevators shall have no other passengers other than in Amend Section 5003.3.1 of the 2019 California Fire the individual(s)handling the chemical transport cart. Code to read as follows: 5003.10.4.2 Hazardous materials liquid containers 5003.3.1 Unauthorized Discharges. Whenhazardous shall have a maximum capacity of 20 liters(5.28 gal). materials are released in quantities reportable under state, federal or local regulations or when there is release or a 5003.10.4.3 Highly toxic, toxic and moderately toxic threatened release that presents a threat to health, property gases shall be limited to a container of a maximum water capacity of 1 lb. 2020 S-75 56E Fire Code 16.40.220 5003.10.4.4 Means shall be provided to prevent the with the exception in Section 5004.2, containment pallets elevator from being summoned to other floors. shall comply with all of the following: 1. A liquid-tight sump accessible for visual Amend Section 5004.2.1 of the 2019 California Fire inspection shall be provided; Code to read as follows: 2. The sump shall be designed to contain not less than 66 gallons (250L); 5004.2.1 Spill control for hazardous material 3. Exposed surfaces shall be compatible with liquids. Rooms, buildings or areas used for storage of material stored; hazardous material liquids in individual vessels having a 4. Containment pallets shall be protected to prevent capacity of more than 55 gallons (208 L) or in which the collection of rainwater within the sump of the aggregate capacity of multiple vessels exceeds 1,000 gallons containment pallet. (Ord. 19-2189, § 1 (part), (3785 L), shall be provided with spill control to prevent the 2019) flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed 16.40.240 Chapter 56-General—Explosives and to contain a spill from the largest single vessel by one of the Fireworks. following methods: Amend Section 5601.1.3 of the 2019 California Fire 1. Liquid-tight sloped or recessed floors in indoor Code to read as follows: locations or similar areas in outdoor locations. 2. Liquid-tight floors in indoor and outdoor 5601.1.3 Fireworks. The possession, manufacture, locations or similar areas provided with storage, sale, handling, and use of fireworks, including liquid-tight raised or recessed sills or dikes. those fireworks classified as Safe and Sane by the California 3. Sumps and collection systems, including State Fire Marshal, are prohibited. containment pallets in accordance with Section 5004.2.3. Exceptions: The use of fireworks for firework 4. Other approved engineered systems. displays as allowed in Section 5608. (Ord. 19-2189, Except for surfacing,the floors,sills,dikes,sumps and § 1 (part), 2019) collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with 16.40.260 Chapter 57—Flammable and the material stored. When liquid-tight sills or dikes are Combustible Liquids. provided,they are not required at perimeter openings having Amend section 5704.2.7.5.8 of the 2019 California an open-grate trench across the opening that connects to an Fire Code to delete Exception and to read as follows: approved collection system. 5704.2.7.5.8 Overfill Prevention.An approved means Amend Section 5004.2.2.2 of the 2019 California Fire or method in accordance with Section 5704.2.9.7.5 shall be Code to read as follows: provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries,bulk plants 5004.2.2.2 Incompatible Materials. Incompatible or terminals regulated by Sections 5706.4 or 5706.7 shall materials shall be separated from each other in independent have overfill protection in accordance with API 2350. secondary containment systems. Exception: Deleted Amend Section 5004.2.3 of the 2019 California Fire Code as follows: An approved means or method in accordance with j Section 5704.2.9.7.5 shall be provided to prevent the 5004.2.3 Containment pallets. Combustible overfilling of Class = liquid storage tanks connected to containment pallets shall not be used inside buildings to fuel-burning equipment inside buildings, comply with Section 5004.2 where the individual container capacity exceeds 55 gallons(208 L)or an aggregate capacity Adopt Section 5704.2.7.5.9 of the 2019 California Fire of multiple containers exceeds 1,000 gallons (3785 L) for Code to read as follows: liquids or where the individual container capacity exceeds 550 pounds (250 kg)or an aggregate of multiple containers 5704.2.7.5.9 Automatic Filling of Tanks. Systems exceeds 10,000 pounds (4540 kg) for solids. that automatically fill flammable or combustible liquid tanks Where used as an alternative to spill control and shall be equipped with overfill protection, approved by the secondary containment for outdoor storage in accordance fire code official, that sends an alarm signal to a constantly 2020 S-75 16.40.260 Cupertino-Buildings and Construction 56F attended location and immediately stops the filling of the 5809.3.4 Site plan. For other than emergency tank. The alarm signal and automatic shutoff shall be tested roadside service, a site plan shall be developed for each on an annual basis and records of such testing shall be location at which mobile gaseous hydrogen fueling occurs. maintained on-site for a period of five (5)years. The site plan shall be in sufficient detail to indicate; all buildings, structures, lot lines, property lines and Amend Section 5704.2.9.6.1 of the 2019 California appurtenances on site and their use and function, and the Fire Code as follows: scale of the site plan. (Ord. 19-2189, § 1 (part), 2019) 5704.2.9.6.1 Locations where above-ground tanks 16.40.300 Chapter 60—Highly Toxic and Toxic are prohibited. Storage of Class I and II liquids in Materials. above-ground tanks outside of buildings is prohibited in all Amend Section 6001.1 of the 2019 California Fire locations of the City of Cupertino which are residential or Code to read as follows: congested commercial areas as determined by the fire code official. 6001.1 Scope. The storage and use of highly toxic, toxic and moderately Toxic materials shall comply with this Amend Section 5706.2.4.4 of the 2019 California Fire chapter. Compressed gases shall also comply with Chapter Code as follows: 53. 5706.2.4.4 Locations where above-ground tanks are Exceptions: prohibited. Storage of Class I and H liquids in 1. Display and storage in Group M and storage in above-ground tanks outside of buildings is prohibited in all Group S occupancies complying with Section locations of the City of Cupertino which are residential or 5003.1 1. congested commercial areas as determined by the fire code 2. Conditions involving pesticides or agricultural official. products as follows: 2.1 Application and release of pesticide, Amend section 5707.3.3 of the 2019 California Fire agricultural products and materials intended Code as follows: for use in weed abatement,erosion control, soil amendment or similar applications 5707.3.3 Site plan. A site plan shall be developed for when applied in accordance with the each location at which mobile fueling occurs. The site plan manufacturer's instruction and label shall be in sufficient detail to indicate: all buildings, directions. structures,lot lines,property lines and appurtenances on site 2.2 Transportation of pesticides in compliance and their use and function; all uses adjacent to the lot lines with the Federal Hazardous Materials of the site;fueling locations,the locations of all storm drain Transportation Act and regulations openings and adjacent waterways or wetlands; information thereunder. regarding slope,natural drainage, curbing, impounding and 2.3 Storage in dwellings or private garages of how a spill will be kept on the site property; and the scale of pesticides registered by the U.S. Environ- the site plan. (Ord. 19-2189, § 1 (part), 2019) mental Protection Agency to be utilized in and around the home,garden,pool,spa and 16.40.280 Chapter 58-Flammable Gases and patio. Flammable Cryogenic Fluids. Amend Section 5806.2 of the 2019 California Fire Amend Section 6004.1 of the 2019 California Fire Code as follows: Code to read as follows: 5806.2 Limitations. Storage of flammable cryogenic 6004.1 General.The storage and use of highly toxic, fluids in stationary containers outside of buildings is toxic, and moderately toxic compressed gases shall comply prohibited in all locations of the City of Cupertino which are with this section. residential or congested commercial areas as determined by the fire code official. Amend Section 6004.1.1, 6004.1.1.1, 6004.1.1.2, 6004.1.1.3 of the 2019 California Fire Code to read as Amend Section 5809.3.4 of the 2019 California Fire follows: Code as follows: : 2020 S-75 56G Fire Code 16.40.300 6004.1.1 Special limitations for indoor storage and highly toxic, toxic and moderately toxic gases in amounts use by occupancy. The indoor storage and use of highly not exceeding the minimum threshold quantities per control toxic, toxic and moderately toxic compressed gases in area set forth in Table 6004.2.1.4 but not exceeding certain occupancies shall be subject to the limitations maximum allowable quantity per control area set forth in contained in Sections 6004.1.1.1 through 6004.1.1.3. Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1 and 6004.4. 6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic Add Table 6004.2.1.4 to the 2019 California Fire Code compressed gases shall not be stored or used to read as follows: q within Group A, E, I or U occupancies. Exception: Cylinders not exceeding 20 M NEM M THRESHOLD QUANTITIES FOR cubic feet(0.556m3) at normal temperature HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC GASES FOR INDOOR STORAGE AND and pressure(NTP) are allowed within gas USE cabinets or fume hoods. Highly Toxic 20 6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic compressed gases Toxic 405 cubic feet shall not be stored or used in Group' R Moderately Toxic 405 cubic feet occupancies. 6004.1.1.3 Offices,retail sales and classrooms. Add Section 6004.4 to the 2019 California Fire Code Highly toxic, toxic and moderately toxic to read as follows: compressed gases shall not be stored or used in offices, retail sales or classroom portions of 6004.4 General indoor requirements. The general Group B, F, M or S occupancies, requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases Exception: In classrooms of Group B shall be in accordance with Sections 6004.4 through occupancies, cylinders with a capacity not 6004.4.8.2. exceeding 20 cubic feet(0.566 m3) at NTP are allowed in gas cabinets or fume hoods. Add Section 6004.4.1 to the 2019 California Fire Code to read as follows: Amend Section 6004.2 of the 2019 California Fire Code to read as follows: 6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,exhausted enclosures or 6004.2 Indoor Storage and Use. The indoor storage gas rooms. Portable and stationary tanks shall be located or use of highly toxic,toxic or moderately toxic compressed within gas rooms or exhausted enclosures. gases shall be in accordance with Sections 6004.2.1 through 6004.2.4. Exceptions: 1. Where a gas detection system is provided in Amend Section 6004.2.1 of the 2019 California Fire accordance with 6004.4.8 Code to read as follows: yl Add Section 6004.4.2 to the 2019 California Fire Code 6004.2.1 Applicability. The applicability of to read as follows: regulations governing the indoor storage and use of highly toxic,toxic,and moderately toxic compressed gases shall be 6004.4.2. Ventilated areas. The room or area in as set forth in Sections 6004.2.1.1 through 6004.2.1.4. which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or Adopt Section 6004.2.1.4 of the 2019 California Fire exhausted enclosures shall not be used as the sole means of Code to read as follows: exhaust for any room or area. 6004.2.1.4 Quantities exceeding the minimum Add Section 6004.4.3 to the 2019 California Fire Code threshold quantities, but not exceeding the maximum to read as follows: allowable per control area. The indoor storage or use of 2020 S-75 16.40.300 Cupertino -Buildings and Construction 56H 6004.4.3. Piping and controls. In addition to the supplied by stationary tanks, portable tanks, or requirements of Section 5003.2.2, piping and controls on cylinders where a gas detection system complying stationary tanks,portable tanks, and cylinders shall comply with Section 6004.4.8 and listed or approved with the following requirements: automatic-closing fail-safe valves are provided. 1. Stationary tanks,portable tanks, and cylinders in The gas detection system shall have a sensing use shall be provided with a means of excess flow interval not exceeding 5 minutes. control on all tank and cylinder inlet or outlet Automatic-closing fail- safe valves shall be connections. located immediately adjacent to cylinder valves and shall close when gas is detected at the Exceptions: permissible exposure limit(PEL)by a gas sensor 1. Inlet connections designed to prevent monitoring the exhaust system at the point of backflow. discharge from the gas cabinet, exhausted 2. Pressure relief devices. enclosure, ventilated enclosure or gas room. Add Section 6004.4.4 to the 2019 California Fire Code Add Section 6004.4.5.1 to the 2019 California Fire to read as follows: Code to read as follows: 6004.4.4 Gas rooms. Gas rooms shall comply with 6004.4.5.1. Design. Treatment systems shall be Section 5003.8.4 and both of the following requirements: capable of diluting, adsorbing, absorbing, containing, 1. The exhaust ventilation from gas rooms shall be neutralizing,burning or otherwise processing the contents of directed to an exhaust system. the largest single vessel of compressed gas. Where a total 2. Gas rooms shall be equipped with an approved containment system is used, the system shall be designed to automatic sprinkler system. Alternative fire- handle the maximum anticipated pressure of release to the extinguishing systems shall not be used. system when it reaches equilibrium. Add Section 6004.4.5 to the 2019 California Fire Code Add Section 6004.4.5.2 to the 2019 California Fire to read as follows: Code to read as follows: 6004.4.5 Treatment systems. The exhaust ventilation 6004.4.5.2.Performance.Treatment systems shall be from gas cabinets, exhausted enclosures and gas rooms, designed to reduce the maximum allowable dis- charge required in Section 6004.4.1 shall be directed to a treatment concentrations of the gas to one-half immediate by system. The treatment system shall be utilized to handle the dangerous to life and health(IDLH)at the point of discharge accidental release of gas and to process exhaust ventilation. to the atmosphere. Where more than one gas is emitted to The treatment system shall be designed in accordance with the treatment system,the treatment system shall be designed Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 to handle the worst-case release based on the release rate, of the California Mechanical Code. the quantity and the IDLH for all compressed gases stored or used. Exceptions: 1. Highly toxic, toxic, and moderately toxic Add Section 6004.4.5.3 to the 2019 California Fire gases—storage. A treatment system is not Code to read as follows: required for cylinders, containers and tanks in storage where all of the following controls are 6004.4.5.3. Sizing. Treatment systems shall be sized provided: to process the maximum worst-case release of gas based on 1.1 Valve outlets are equipped with gas-tight the maximum flow rate of release from the largest vessel outlet plugs or caps. utilized. The entire contents of the largest compressed gas 1.2 Hand wheel-operated valves have handles vessel shall be considered. secured to prevent movement. 1.3 Approved containment vessels or Add Section 6004.4.5.4 to the 2019 California Fire containment systems are provided in Code to read as follows: accordance with Section 6004.2.2.3. 2. Highly toxic, toxic, and moderately toxic gases 6004.4.5.4 Stationary tanks. Stationary tanks shall —use. Treatment systems are not required for be labeled with the maximum rate of release for the highly toxic, toxic, and moderately toxic gases compressed gas contained based on valves or fittings that are 2020 S-75 56I Fire Code 16.40.300 inserted directly into the tank. Where multiple valves or Add Section 6004.4.8 of the 2019 California Fire Code fittings are provided, the maximum flow rate of release for to read as follows: valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact 6004.4.8. Gas detection system. A gas detection with valves or fittings, the liquid flow rate shall be utilized system complying with Section 916 shall be provided to for computation purposes. Flow rates indicated on the label detect the presence of gas at or below the PEL or ceiling shall be converted to cubic feet per minute(cfm/min)(m3/s) limit of the gas for which detection is provided. of gas at normal temperature and pressure(NTP). Exceptions: Add Section 6004.4.5.5 to the 2019 California Fire 1. A gas detection system is not required for toxic Code to read as follows: and moderately toxic gases when the physiological warning threshold level for the gas 6004.4.5.5 Portable tanks and cylinders. The is at a level below the accepted PEL for the gas. maximum flow rate of release for portable tanks and 2. A gas detection system is not required for highly cylinders shall be calculated based on the total release from toxic, toxic, and moderately toxic gases where the cylinder or tank within the time specified in Table cylinders, portable tanks, and all 6004.2.2.7.5. Where portable tanks or cylinders are non-continuously welded connects are within a equipped with approved excess flow or reduced flow valves, gas cabinet or exhausted enclosures. the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve Add Section 6004.4.8.1 of the 2019 California Fire manufacturer or compressed gas supplier.Reduced flow and Code to read as follows: excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. 6004.4.8.1. Alarms. The gas detection system shall Such markings shall indicate the flow rate for air under initiate a local alarm and transmit a signal to an approved normal temperature and pressure. location. Add Section 6004.4.6 to the 2019 California Fire Code Add Section 6004.4.8.2 of the 2019 California Fire to read as follows: Code to read as follows: 6004.4.6.Emergency power.Emergency power shall 6004.4.8.2. Shut off of gas supply.The gas detection be provided for the following systems in accordance with system shall automatically close the shut off valve at the Section 604: source on gas supply piping and tubing related to the system 1. Exhaust ventilation system, being monitored for whichever gas is detected. 2. Treatment system. 3. Gas detection system. Exception: Automatic shutdown is not required for 4. Smoke detection system. highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are Add Section 6004.4.6.1 of the 2019 California Fire provided: Code to read as follows: 1. Constantly attended/supervised. 2. Provided with emergency shutoff valves that have 6004.4.6.1.Fail-safe systems.Emergency power shall ready access. (Ord. 29-2189, § 1 (part), not be required for mechanical exhaust ventilation and 2019) treatment systems where approved fail-safe systems are installed and designed to stop gas flow. 16.40.320 Chapter 61 -Liquefied Petroleum Gases. Add Section 6004.4.7 of the 2019 California Fire Code Amend Section 6104.2 of the 2019 California Fire to read as follows: Code as follows: 6004.4.7 Automatic fire detection system. An 6104.2 Maximum capacity within established limits. approved automatic fire detection system shall be installed Within the limits established by law restricting the storage I in rooms or areas where highly toxic,toxic, and moderately of liquefied petroleum gas for the protection of heavily toxic compressed gases are stored or used. Activation of the populated or congested areas,the aggregate capacity of any detection system shall sound a local alarm. The fire one installation shall not exceed a water capacity of 2,000 detection system shall comply with Section 907. 2020 S-75 16.40.320 Cupertino-Buildings and Construction 56J gallons (7,570 L) in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. Exception: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LPG containers may be approved by the fire code official on a case by case basis. (Ord. 19-2189, § 1 (part), 2019) 16.40.340 Chapter 64-Pyrophoric Materials. Add Section 6405.3.1 to the 2019 California Fire Code to read as follows: 6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system. (Ord. 19-2189, § 1 (part), 2019) 2020 5-75 57 Fire Code 16.40.200 references, data and other information shown thereon are 2. Maintain additional effective defensible space by hereby adopted and made a part of this chapter. The map removing brush, flammable vegetation and I properly attested, shall be on file in the Office of the City combustible growth located 30 feet to 100 feet Clerk of the City of Cupertino. (9144 mm to 30480 mm) when required by the fire code official due to steepness of terrain or Amend Section 4906.2 of the 2019 California Fire other conditions that would cause a defensible Code to read as follows: space of only 30 feet (9144 mm) to be insufficient. 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous Exception: Grass and other vegetation located vegetation and fuel management: more than 30 feet (9144 mm) from buildings or 1. All unincorporated lands designated by the State structures and less than 18 inches (457 mm) in Board of Forestry and Fire Protection as State height above the ground need not be removed Responsibility Areas (SRA) including: where necessary to stabilize the soil and prevent 1.1. Moderate Fire Hazard Severity Zones erosion. 1.2. High Fire Hazard Severity Zones 1.3. Very-High Fire Hazard Severity Zones 3. Remove portions of trees,which extend within 10 2. Land designated as a Very-High Fire Hazard feet(3048 mm) of the outiet of a chimney. Severity Zone or as a Wildland Urban Interface 4. Maintain trees adjacent to or overhanging a Fire Area by the City of Cupertino. building free of deadwood; and 5. Maintain the roof of a structure free of leaves, Amend Section 4907.1 of the 2019 California Fire needles or other dead vegetative growth. Code to read as follows: 6. Defensible space shall also be provided around water tank structures, water supply pumps and 4907.1 General. Defensible space will be maintained pump houses. around all buildings and structures in State Responsibility 7. Remove flammable vegetation a minimum of 10 Area(SRA)as required in Public Resources Code 4290 and feet around liquefied petroleum gas "SRA Fire Safe Regulations" California Code of tanks/containers. Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 8. Firewood and combustible materials shall not be 2, Section 1270. stored in unenclosed spaces beneath buildings or Buildings and structures within the Very-High Fire structures, or on decks or under eaves, canopies Hazard Severity Zones of a Local Responsibility Area or other projections or overhangs.The storage of (LRA) shall maintain defensible space as outlined in firewood and combustible material within the Government Code 51175 - 51189 and any local ordinance defensible space shall be located a minimum of of the authority having jurisdiction. 30 feet(6096 mm)from structures and separated Persons owning, leasing, controlling, operating or from the crown of trees by a minimum horizontal maintaining buildings or structures in the locally adopted distance of 15 feet(4572 mm). Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard Severity Zone and persons Exception: Firewood and combustible materials owning, leasing or controlling land adjacent to such not for consumption on the premises shall be buildings or structures, shall at all times: stored as approved by the fire code official. 1. Maintain an effective defensible space by removing and clearing away flammable 9. Clear areas within 10 feet (3048 mm) of fire vegetation and combustible growth from areas apparatus access roads and driveways of within 30 feet (9144 mm) of such buildings or non-fire-resistive vegetation growth. structures. Exception:Single specimens of trees,ornamental Exception:Single specimens of trees,ornamental vegetative fuels or cultivated ground cover, such shrubbery or similar plants used as ground as green grass, ivy, succulents or similar plants covers, provided that they do not form a means used as ground cover,provided they do not form of rapidly transmitting fire from the native a means of readily transmitting fire. growth to any structure. 2020 5-75 16.40.200 Cupertino -Buildings and Construction 58 Adopt Section 4907.2 of the 2019 California Fire Code Electrical Code.The standby power source shall be capable to read as follows: of providing power for a minimum of two hours. 4907.2 Corrective Actions. The executive body is Exceptions: authorized to instruct the fire code official to give notice to 1. When approved by the code official, a standby the owner of the property upon which conditions regulated power supply is not required where the primary by Section 4907.1 exist to correct such conditions. If the power service to the stationary water supply owner fails to correct such conditions the executive body is facility is underground. authorized to cause the same to be done and make the 2. A standby power supply is not required where the expense of such correction a lien upon the property where stationary water supply facility serves no more such conditions exists. than one single-family dwelling. Adopt Section 4908 of the 2019 California Fire Code Adopt Section 4910 of the 2019 California Fire Code to read as follows: to read as follows: 4908.1 General. When required by the code official, 4910.1 Fireworks. Fireworks shall not be used or a fire protection plan shall be prepared. possessed in the Wildland-Urban Interface Fire Area. (Ord. 19-2189, § 1 (part), 2019) 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes 16.40.220 Chapter 50-Hazardous Materials— considerations of location, topography, aspect, flammable General Provisions. vegetation, climatic conditions and fire history. The plan Amend Section 5001.2.2.2 of the 2019 California Fire shall address water supply, access, building ignition and Code to read as follows: fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management. 5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A 4908.3 Cost. The cost of fire protection plan material with a primary classification as a health hazard can preparation and review shall be the responsibility of the also pose a physical hazard. applicant. 1. Highly toxic and toxic materials. 2. Corrosive materials. 4908.4 Plan Retention. The fire protection plan shall 3. Moderately toxic gas. be retained by the fire code official. 4. Other health hazards. Adopt Section 4909 of the 2019 California Fire Code Add Section 5001.5.3 to the 2019 California Fire Code to read as follows: to read as follows: 4909.1 General.Buildings and structures, or portions 5001.5.3 Hazardous materials business plan thereof,hereafter constructed or relocated into or within the (HMBP). Where required by the fire code official, Wildland-Urban Interface Fire Area shall be provided with facilities shall submit a Hazardous Materials Business Plan fire protection water supplies in accordance with Chapter 5 (HMBP) as required by California Health & Safety Code and Section 4909.2. (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be Exception: electronically submitted in accordance with the fire code Buildings containing only private garages, carports, official's requested timeframe and no less frequently than is sheds and agricultural buildings with a building area of required by the HSC. not more than 500 square feet(56 m2). Add Section 5003.1.3.1 to the 2019 California Fire 4909.2 Standby power. Standby power shall be Code to read as follows: provided to pumps, controllers and related electrical equipment so that stationary water supply facilities within 5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic the wildland-urban interface area that are dependent on Gases and Similarly Used or Handled Materials. The electrical power can provide the required water supply. The storage, use and handling of highly toxic, toxic and ' standby power system shall be in accordance with the 2020 S-75 59 Fire Code 16.40.220 moderately toxic gases in amounts exceeding Table 3. Readily accessible manual valves or automatic 6004.2.1.4 shall be in accordance with this chapter and remotely activated fail-safe emergency shutoff Chapter 60. Any highly toxic, toxic or moderately toxic valves shall be installed on supply piping and material that is used or handled as a gas or vapor shall be in tubing at the following locations: accordance with the requirements for highly toxic, toxic or 1. The point of use. moderately toxic gases. 2. The tank, cylinder or bulk use. 1. Manual emergency shutoff valves and controls Add Section 5003.1.5 to the 2019 California Fire Code for remotely activated emergency shutoff valves to read as follows: shall be identified and the location shall be clearly visible,accessible and indicated by means 5003.1.5 Other Health Hazards.The storage,use and of a sign. handling of materials classified as other health hazards 2. Backflow prevention or check valves shall be including carcinogens, irritants and sensitizers in amounts provided where the backflow of hazardous exceeding 810 cubic feet for gases, 55 gallons for liquids materials could create a hazardous condition or and 5,000 pounds for solids shall be in accordance with this cause the unauthorized discharge of hazardous Section 5003. materials. 3. Where gases or liquids having a hazard ranking Add Section 5003.1.6 to the 2019 California Fire Code of: to read as follows: Health hazard Class 3 or 4 Flammability Class 4 5003.1.6 Additional Spill Control and Secondary Reactivity Class 4 Containment Requirements. In addition to the in accordance with NFPA 704 are carried in requirements set forth in Section 5004.2, an approved pressurized piping above 15 pounds per square inch containment system is required for any quantity of hazardous gauge (psig) (103 Kpa), an approved means of leak materials, that are liquids or solids at normal temperature, detection and emergency shutoff or excess flow control and pressure (NTP) where a spill is determined to be a shall be provided. Where the piping originates from plausible event and where such an event would endanger within a hazardous material storage room or area, the people, property or the environment. The approved excess flow control shall be located within the storage containment system may be required to include a room or area. Where the piping originates from a bulk combination of spill control and secondary containment source, the excess flow control shall be located as meeting the design and construction requirements set forth close to the bulk source as practical. in Section 5004.2. Exceptions: Amend Section 5003.2.2.1 of the 2019 California Fire 1. Piping for inlet connections designed to Code to read as follows: prevent backflow. 2. Piping for pressure relief devices. 5003.2.2.1 Design and Construction.Piping,tubing, valves, fittings and related components used for hazardous 1. Secondary containment or equivalent protection materials shall be in accordance with the following: from spills or leaks shall be provided for piping for liquid hazardous materials and for highly 1. Piping, tubing, valves, fittings and related toxic and toxic corrosive gases above threshold components shall be designed and fabricated from quantities listed in Tables 6004.2.1.4. Secondary { materials that are compatible with the material to containment includes, but is not limited to be contained and shall be of adequate strength double-walled piping. p and durability to withstand the pressure, structural and seismic stress, and exposure to Exceptions: which they are subject. 1. Secondary containment is not required for 2. Piping and tubing shall be identified in toxic corrosive gases if the piping is accordance with ASME A13.1 and the Santa constructed of inert materials. Clara Co,mty Fire Chiefs Marking Requirements 2. Piping under sub-atmospheric conditions if and Guidelines for Hazardous Materials and the piping is equipped with an alarm and Hazardous Waste to indicate the material fail-safe-to-close valve activated by a loss of conveyed. vacuum. 2020 5-75 16.40.220 Cupertino -Buildings and Construction 60 1. Expansion chambers shall be provided between or the environment, the fire code official shall be notified valves whenever the regulated gas may be immediately in an approved manner and the following subjected to thermal expansion. Chambers shall procedures required in accordance with Sections 5003.3.1.1 be sized to provide protection for piping and through 5003.3.1.4. instrumentation and to accommodate the expansion of regulated materials. Adopt Section 5003.5.2 of the 2019 California Fire Code to read as follows: Amend Section 5003.2.2.2 of the 2019 California Fire Code to read as follows: 5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the 5003.2.2.2 Additional Regulation for Supply Piping hazard class of the material being vented and the direction for Health Hazard Materials.Supply piping and tubing for of flow. gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following: Adopt Section 5003.5.3 of the 2019 California Fire Code to read as follows: 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive 5003.5.3 "H" Occupancies. In "H" occupancies, all liquids and gases shall have welded or brazed piping and tubing may be required to be identified when connections throughout except for connections there is any possibility of confusion with hazardous within an exhausted enclosure if the material is a materials transport tubing or piping. Flow direction gas, or an approved method of drainage or indicators are required. containment is provided for connections if the material is a liquid. Adopt Sec.5003.9.11 of the 2019 California Fire Code 2. Piping and tubing shall not be located within to read as follows: corridors, within any portion of a means of egress required to be enclosed in 5003.9.11 Fire Extinguishing Systems For fire-resistance-rated construction or in concealed Workstations Dispensing, Handling or Using Hazardous spaces in areas not classified as Group H Materials. Combustible and non-combustible workstations, Occupancies. which dispense,handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing Exception: Piping and tubing within the space system in accordance with Section 2703.10, defined by the walls of corridors and the floor or roof above or in concealed space above other Exception: Internal fire protection is not required for occupancies when installed in accordance with Biological Safety Cabinets that carry NSF/ANSI Section 415.11 of the California Building Code certification where quantities of flammable liquids in for H-5 Occupancies. use or storage within the cabinet do not exceed 500ml. 3. All primary piping for toxic, highly toxic and Amend Section 5003.10.4,5003.10.4.1, 5003.10.4.2, moderately toxic gases shall pass a helium leak 5003.10.4.3, 5003.10.4.4 of the 2019 California Fire Code test of lx10-9 cubic centimeters/second where to read: practical, or shall pass testing in accordance with an approved, nationally recognized standard. 5003.10.4 Elevators utilized to transport hazardous Tests shall be conducted by a qualified "third materials. parry" not involved with the construction of the piping and control systems. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than in Amend Section 5003.3.1 of the 2019 California Fire the individual(s)handling the chemical transport cart. Code to read as follows: 5003.10.4.2 Hazardous materials liquid containers 5003.3.1 Unauthorized Discharges. Whenhazardous shall have a maximum capacity of 20 liters(5.28 gal). materials are released in quantities reportable under state, federal or local regulations or when there is release or a 5003.10.4.3 Highly toxic, toxic and moderately toxic threatened release that presents a threat to health, property gases shall be limited to a container of a maximum water capacity of 1 lb. 2020 S-75 61 Fire Code 16.40.220 5003.10.4.4 Means shall be provided to prevent the with the exception in Section 5004.2, containment pallets elevator from being summoned to other floors. shall comply with all of the following: 1. A liquid-tight sump accessible for visual Amend Section 5004.2.1 of the 2019 California Fire inspection shall be provided; Code to read as follows: 2. The sump shall be designed to contain not less than 66 gallons (250L); 5004.2.1 Spill control for hazardous material 3. Exposed surfaces shall be compatible with liquids. Rooms, buildings or areas used for storage of material stored; hazardous material liquids in individual vessels having a 4. Containment pallets shall be protected to prevent capacity of more than 55 gallons (208 L) or in which the collection of rainwater within the sump of the aggregate capacity of multiple vessels exceeds 1,000 gallons containment pallet. (Ord. 19-2189, § 1 (part), (3785 L), shall be provided with spill control to prevent the 2019) flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed 16.40.240 Chapter 56-General-Explosives and to contain a spill from the largest single vessel by one of the Fireworks. following methods: Amend Section 5601.1.3 of the 2019 California Fire 1. Liquid-tight sloped or recessed floors in indoor Code to read as follows: locations or similar areas in outdoor locations. 2. Liquid-tight floors in indoor and outdoor 5601.1.3 Fireworks. The possession, manufacture, locations or similar areas provided with storage, sale, handling, and use of fireworks, including liquid-tight raised or recessed sills or dikes. those fireworks classified as Safe and Sane by the California 3. Sumps and collection systems, including State Fire Marshal, are prohibited. containment pallets in accordance with Section 5004.2.3. Exceptions: The use of fireworks for firework 4. Other approved engineered systems. displays as allowed in Section 5608. (Ord. 19-2189, Except for surfacing,the floors,sills,dikes,sumps and § 1 (part), 2019) collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with 16.40.260 Chapter 57-Flammable and the material stored. When liquid-tight sills or dikes are Combustible Liquids. provided,they are not required at perimeter openings having Amend section 5704.2.7.5.8 of the 2019 California an open-grate trench across the opening that connects to an Fire Code to delete Exception and to read as follows: approved collection system. 5704.2.7.5.8 Overfill Prevention.An approved means Amend Section 5004.2.2.2 of the 2019 California Fire or method in accordance with Section 5704.2.9.7.5 shall be Code to read as follows: provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries,bulk plants 5004.2.2.2 Incompatible Materials. Incompatible or terminals regulated by Sections 5706.4 or 5706.7 shall materials shall be separated from each other in independent have overfill protection in accordance with API 2350. secondary containment systems. Exception: Deleted Amend Section 5004.2.3 of the 2019 California Fire Code as follows: An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the 5004.2.3 Containment pallets. Combustible overfilling of Class IIIB liquid storage tanks connected to containment pallets shall not be used inside buildings to fuel-burning equipment inside buildings. comply with Section 5004.2 where the individual container capacity exceeds 55 gallons(208 L)or an aggregate capacity Adopt Section 5704.2.7.5.9 of the 2019 California Fire of multiple containers exceeds 1,000 gallons (3785 L) for Code to read as follows: liquids or where the individual container capacity exceeds 550 pounds (250 kg)or an aggregate of multiple containers 5704.2.7.5.9 Automatic Filling of Tanks. Systems exceeds 10,000 pounds (4540 kg) for solids. that automatically fill flammable or combustible liquid tanks Where used as an alternative to spill control and shall be equipped with overfill protection, approved by the secondary containment for outdoor storage in accordance fire code official, that sends an alarm signal to a constantly 2020 S-75 16.40.260 Cupertino-Buildings and Construction 62 attended location and immediately stops the filling of the 5809.3.4 Site plan. For other than emergency tank. The alarm signal and automatic shutoff shall be tested roadside service, a site plan shall be developed for each on an annual basis and records of such testing shall be location at which mobile gaseous hydrogen fueling occurs. maintained on-site for a period of five(5)years. The site plan shall be in sufficient detail to indicate; all buildings, structures, lot lines, property lines and r Amend Section 5704.2.9.6.1 of the 2019 California appurtenances on she and their use and function, and the Fire Code as follows: scale of the site plan. (Ord. 19-2189, § 1 (part), 2019) i 5704.2.9.6.1 Locations where above-ground tanks 16.40.300 Chapter 60—Highly Toxic and Toxic j are prohibited. Storage of Class I and II liquids in Materials. above-ground tanks outside of buildings is prohibited in all Amend Section 6001.1 of the 2019 California Fire locations of the City of Cupertino which are residential or Code to read as follows: congested commercial areas as determined by the fire code official. 6001.1 Scope. The storage and use of highly toxic, toxic and moderately Toxic materials shall comply with this Amend Section 5706.2.4.4 of the 2019 California Fire chapter. Compressed gases shall also comply with Chapter Code as follows: 53. 5706.2.4.4 Locations where above-ground tanks are Exceptions: prohibited. Storage of Class I and II liquids in 1. Display and storage in Group M and storage in above-ground tanks outside of buildings is prohibited in all Group S occupancies complying with Section locations of the City of Cupertino which are residential or 5003.1 1. congested commercial areas as determined by the fire code 2. Conditions involving pesticides or agricultural official. products as follows: 2.1 Application and release of pesticide, Amend section 5707.3.3 of the 2019 California Fire agricultural products and materials intended Code as follows: for use in weed abatement, erosion control, soil amendment or similar applications 5707.3.3 Site plan. A site plan shall be developed for when applied in accordance with the each location at which mobile fueling occurs. The site plan manufacturer's instruction and label shall be in sufficient detail to indicate: all buildings, directions. structures,lot lines,property lines and appurtenances on site 2.2 Transportation of pesticides in compliance and their use and function; all uses adjacent to the lot lines with the Federal Hazardous Materials of the site; fueling locations, the locations of all storm drain Transportation Act and regulations openings and adjacent waterways or wetlands; information thereunder. regarding slope,natural drainage,curbing,impounding and 2.3 Storage in dwellings or private garages of how a spill will be kept on the site property; and the scale of pesticides registered by the U.S. Environ- the site plan. (Ord. 19-2189, § 1 (part), 2019) mental Protection Agency to be utilized in and around the home,garden,pool,spa and 16.40.280 Chapter 58-Flammable Gases and patio. Flammable Cryogenic Fluids. Amend Section 5806.2 of the 2019 California Fire Amend Section 6004.1 of the 2019 California Fire Code as follows: Code to read as follows: j i 5806.2 Limitations. Storage of flammable cryogenic 6004.1 General. The storage and use of highly toxic, fluids in stationary containers outside of buildings is toxic, and moderately toxic compressed gases shall comply prohibited in all locations of the City of Cupertino which are with this section. residential or congested commercial areas as determined by the fire code official. Amend Section 6004.1.1, 6004.1.1.1, 6004.1.1.2, 6004.1.1.3 of the 2019 California Fire Code to read as Amend Section 5809.3.4 of the 2019 California Fire follows: Code as follows: 2020 5-75 63 Fire Code 16.40.300 {` 6004.1.1 Special limitations for indoor storage and highly toxic, toxic and moderately toxic gases in amounts use by occupancy. The indoor storage and use of highly not exceeding the minimum threshold quantities per control toxic, toxic and moderately toxic compressed gases in area set forth in Table 6004.2.1.4 but not exceeding certain occupancies shall be subject to the limitations maximum allowable quantity per control area set forth in contained in Sections 6004.1.1.1 through 6004.1.1.3. Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1 and 6004.4. 6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic Add Table 6004.2.1.4 to the 2019 California Fire Code compressed gases shall not be stored or used to read as follows: within Group A, E, I or U occupancies. Exception: Cylinders not exceeding 20 MINIMUM THRESHOLD QUANTITIES FOR cubic feet(0.556m3)at normal temperature HIGHLY TOXIC, TOXIC AND MODERATELY and pressure(NIP)are allowed within gas TOXIC GASES FOR INDOOR STORAGE AND USE cabinets or fume hoods. Highly Toxic 20 6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic compressed gases Toxic 405 cubic feet shall not be stored or used in Group R occupancies. Moderately Toxic 405 cubic feet 6004.1.1.3 Offices,retail sales and classrooms. Add Section 6004.4 to the 2019 California Fire Code Highly toxic, toxic and moderately toxic to read as follows: compressed gases shall not be stored or used in offices, retail sales or classroom portions of 6004.4 General indoor requirements. The general Group B, F, M or S occupancies. requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases Exception: In classrooms of Group B shall be in accordance with Sections 6004.4 through occupancies, cylinders with a capacity not 6004.4.8.2. exceeding 20 cubic feet(0.566 m3) at NTP are allowed in gas cabinets or fume hoods. Add Section 6004.4.1 to the 2019 California Fire Code to read as follows: Amend Section 6004.2 of the 2019 California Fire Code to read as follows: 6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,exhausted enclosures or 6004.2 Indoor Storage and Use. The indoor storage gas rooms. Portable and stationary tanks shall be located or use of highly toxic,toxic or moderately toxic compressed within gas rooms or exhausted enclosures. gases shall be in accordance with Sections 6004.2.1 through 6004.2.4. Exceptions: 1. Where a gas detection system is provided in Amend Section 6004.2.1 of the 2019 California Fire accordance with 6004.4.8 Code to read as follows: Add Section 6004.4.2 to the 2019 California Fire Code 6004.2.1 Applicability. The applicability of to read as follows: regulations governing the indoor storage and use of highly toxic,toxic,and moderately toxic compressed gases shall be 6004.4.2. Ventilated areas. The room or area in ni as set forth in Sections 6004.2.1.1 through 6004.2.1.4. which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or Adopt Section 6004.2.1.4 of the 2019 California Fire exhausted enclosures shall not be used as the sole means of Code to read as follows: exhaust for any room or area. 6004.2.1.4 Quantities exceeding the minimum Add Section 6004.4.3 to the 2019 California Fire Code threshold quantities, but not exceeding the maximum to read as follows: allowable per control area. The indoor storage or use of 2020 S-75 16.40.300 Cupertino -Buildings and Construction 64 6004.4.3. Piping and controls. In addition to the supplied by stationary tanks, portable tanks, or requirements of Section 5003.2.2, piping and controls on cylinders where a gas detection system complying E stationary tanks,portable tanks, and cylinders shall comply with Section 6004.4.8 and listed or approved with the following requirements: automatic-closing fail-safe valves are provided. 1. Stationary tanks,portable tanks, and cylinders in The gas detection system shall have a sensing use shall be provided with ameans of excess flow interval not exceeding 5 minutes. control on all tank and cylinder inlet or outlet Automatic-closing fail- safe valves shall be connections. located immediately adjacent to cylinder valves and shall close when gas is detected at the Exceptions: permissible exposure limit(PEL)by a gas sensor 1. Inlet connections designed to prevent monitoring the exhaust system at the point of backflow. discharge from the gas cabinet, exhausted 2. Pressure relief devices. enclosure, ventilated enclosure or gas room. Add Section 6004.4.4 to the 2019 California Fire Code Add Section 6004.4.5.1 to the 2019 California Fire to read as follows: Code to read as follows: 6004.4.4 Gas rooms. Gas rooms shall comply with 6004.4.5.1. Design. Treatment systems shall be Section 5003.8.4 and both of the following requirements: capable of diluting, adsorbing, absorbing, containing, 1. The exhaust ventilation from gas rooms shall be neutralizing,burning or otherwise processing the contents of directed to an exhaust system. the largest single vessel of compressed gas. Where a total 2. Gas rooms shall be equipped with an approved containment system is used, the system shall be designed to automatic sprinkler system. Alternative fire- handle the maximum anticipated pressure of release to the extinguishing systems shall not be used. system when it reaches equilibrium. Add Section 6004.4.5 to the 2019 California Fire Code Add Section 6004.4.5.2 to the 2019 California Fire to read as follows: Code to read as follows: 6004.4.5 Treatment systems. The exhaust ventilation 6004.4.5.2.Performance.Treatment systems shall be from gas cabinets, exhausted enclosures and gas rooms, designed to reduce the maximum allowable dis- charge required in Section 6004.4.1 shall be directed to a treatment concentrations of the gas to one-half immediate by system. The treatment system shall be utilized to handle the dangerous to life and health(IDLH)at the point of discharge accidental release of gas and to process exhaust ventilation. to the atmosphere. Where more than one gas is emitted to The treatment system shall be designed in accordance with the treatment system,the treatment system shall be designed Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 to handle the worst-case release based on the release rate, of the California Mechanical Code. the quantity and the IDLH for all compressed gases stored or used. Exceptions: 1. Highly toxic, toxic, and moderately toxic Add Section 6004.4.5.3 to the 2019 California Fire gases—storage. A treatment system is not Code to read as follows: required for cylinders, containers and tanks in storage where all of the following controls are 6004.4.5.3. Sizing. Treatment systems shall be sized provided: to process the maximum worst-case release of gas based on 1.1 Valve outlets are equipped with gas-tight the maximum flow rate of release from the largest vessel outlet plugs or caps. utilized. The entire contents of the largest compressed gas 1.2 Hand wheel-operated valves have handles vessel shall be considered. secured to prevent movement. 1.3 Approved containment vessels or Add Section 6004.4.5.4 to the 2019 California Fire containment systems are provided in Code to read as follows: accordance with Section 6004.2.2.3. 2. Highly toxic, toxic, and moderately toxic gases 6004.4.5.4 Stationary tanks. Stationary tanks shall —use. Treatment systems are not required for be labeled with the maximum rate of release for the highly toxic, toxic, and moderately toxic gases compressed gas contained based on valves or fittings that are 2020 S-75 65 Fire Code 16.40.300 inserted directly into the tank. Where multiple valves or Add Section 6004.4.8 of the 2019 California Fire Code fittings are provided, the maximum flow rate of release for to read as follows: valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact 6004.4.8. Gas detection system. A gas detection with valves or fittings, the liquid flow rate shall be utilized system complying with Section 916 shall be provided to for computation purposes. Flow rates indicated on the label detect the presence of gas at or below the PEL or ceiling shall be converted to cubic feet per minute(cfm/min)(m3/s) limit of the gas for which detection is provided. of gas at normal temperature and pressure (NTP). Exceptions: Add Section 6004.4.5.5 to the 2019 California Fire 1. A gas detection system is not required for toxic Code to read as follows: and moderately toxic gases when the physiological warning threshold level for the gas 6004.4.5.5 Portable tanks and cylinders. The is at a level below the accepted PEL for the gas. maximum flow rate of release for portable tanks and 2. A gas detection system is not required for highly cylinders shall be calculated based on the total release from toxic, toxic, and moderately toxic gases where the cylinder or tank within the time specified in Table cylinders, portable tanks, and all 6004.2.2.7.5. Where portable tanks or cylinders are non-continuously welded connects are within a equipped with approved excess flow or reduced flow valves, gas cabinet or exhausted enclosures. the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve Add Section 6004.4.8.1 of the 2019 California Fire manufacturer or compressed gas supplier.Reduced flow and Code to read as follows: excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. 6004.4.8.1. Alarms. The gas detection system shall Such markings shall indicate the flow rate for air under initiate a local alarm and transmit a signal to an approved normal temperature and pressure. location. Add Section 6004.4.6 to the 2019 California Fire Code Add Section 6004.4.8.2 of the 2019 California Fire to read as follows: Code to read as follows: 6004.4.6.Emergency power.Emergency power shall 6004.4.8.2. Shut off of gas supply.The gas detection be provided for the following systems in accordance with system shall automatically close the shut off valve at the Section 604: source on gas supply piping and tubing related to the system 1. Exhaust ventilation system, being monitored for whichever gas is detected. 2. Treatment system. 3. Gas detection system. Exception: Automatic shutdown is not required for 4. Smoke detection system. highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are Add Section 6004.4.6.1 of the 2019 California Fire provided: j Code to read as follows: 1. Constantly attended/supervised. 2. Provided with emergency shutoff valves that have 6004.4.6.1.Fail-safe systems.Emergency power shall ready access. (Ord. 29-2189, § 1 (part), not be required for mechanical exhaust ventilation and 2019) treatment systems where approved fail-safe systems are installed and designed to stop gas flow. 16.40.320 Chapter 61—Liquefied Petroleum Gases. Add Section 6004.4.7 of the 2019 California Fire Code Amend Section 6104.2 of the 2019 California Fire to read as follows: Code as follows: 6004.4.7 Automatic fire detection system. An 6104.2 Maximum capacity within established limits. approved automatic fire detection system shall be installed Within the limits established by law restricting the storage in rooms or areas where highly toxic, toxic, and moderately of liquefied petroleum gas for the protection of heavily toxic compressed gases are stored or used. Activation of the populated or congested areas,the aggregate capacity of any detection system shall sound a local alarm. The fire one installation shall not exceed a water capacity of 2,000 detection system shall comply with Section 907. 2020 S-75 1.6.40.320 Cupertino -Buildings and Construction 66 gallons (7,570 L) in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. Exception:LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LPG containers may be approved by the fire code official on a case by case basis. (Ord. 19-2189, § 1 (part), 2019) 16.40.340 Chapter 64-Pyrophoric Materials. Add Section 6405.3.1 to the 2019 California Fire Code to read as follows: 6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the slane distribution system. (Ord. 19-2189, § 1 (part), 2019) i [Next chapter begins on page 77.1 2020 S-75 16.54.010 CHAPTER 16.54: ENERGY CODE Section 16.54.010 Adoption of the 2019 California Energy Code. 16.54.010 Adoption of the 2019 California Energy Code. A. The provisions of the 2019 California Energy Code and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) M I 91 2020 S-75 Cupertino -Buildings and Construction 92 2016 S-59 16.58.010 CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED Section 16.58.010 Adoption of the 2019 California 16.58.015 Adoption of Appendix Chapters. Green Building Standards Code. No Appendix Chapters from the 2019 California Green 16.58.015 Adoption of Appendix Chapters, Building Standards Code have been adopted. (Ord. 19-2189, 16.58.020 Reserved. § 1 (part), 2019; Ord. 16-2155, § 11, 2016; Ord. 13-2115, 16.58.040 Local amendments. (part), 2013; Ord. 12-2099, § 1 (part), 2013; Ord. 2072, 16.58.050 Section 101.1-Amended. (part), 2010) 16.58.070 Section 101.3-Amended. 16.58.100 Section 101.10-Amended. 16.58.020 Reserved. 16.58.110 Section 101.10.1-Added. 16.58.120 Section 101.10.1.1-Added. 16.58.040 Local Amendments. 16.58.130 Section 101.10.1.1.1-Added. The following provisions of this Chapter shall 16.58.140 Section 10 1.10.1.1.2-Added. constitute local amendments to the cross-referenced 16.58.150 Section 10 1.10.1.1.3-Added. provisions of the 2019 California Green Building Standards 16.58.160 Section 10 1.10.1.1.4-Added. Code and shall be deemed to amend the cross-referenced 16.58.170 Section 101.10.1.1.5-Added. sections of said Code with the respective provisions set forth 16.58.180 Section 101.10.1.1.6-Added, in this Chapter. (Ord. 19-2189, § 1 (part), 2019; Ord. f 16.58.190 Section 101.10.1.1.7-Added. 16-2155, § 12, 2016; Ord. 13-2115, (part), 2013; Ord. 16.58.200 Section 101.10.1.1.8-Added. 12-2099, § 1 (part), 2013) 16.58.210 Section 10 1.10.1.1.9-Added. 16.58.220 Table 101.10-Added. 16.58.050 Section 101.1-Amended. 16.58.230 Section 101.10.2-Added. Amend Section 101.1 to read as follows: 16.58.240 Section 102.3-Amended. 16.58.260 Section 102.3.1-Added. 101.1 Title. These regulations shall be known as the 16.58.280 Section 202-Amended. California Green Building Standards Code as amended by 16.58.290 Section 303.1.1-Amended. the City of Cupertino and may be cited as such and will be 16,58.300 Section 4.304.1.1-Amended. referred to herein as "this code." The California Green 16.58.310 Section 5.304.1.1-Added. Building Standards Code as amended by the City of 16.58.400 Section A4.106.8-Amended. Cupertino is an amendment to Part 11 of 12 parts of the 16.58.420 Section A5.106.5.3-Amended. official compilation and publication of the adoption, amendment and repeal of building regulations to the 16.58.010 Adoption of the 2019 California Green California Code of Regulations,Title 24, also referred to as Building Standards Code. the California Building Standards Code. (Ord. 12-2011, § 1 A. The provisions of the 2019 California Green (part), 2013) Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as 16.58.070 Section 101.3-Amended. if fully set forth in this chapter, except such portions as are Amend Section 101.3 to read as follows: hereinafter deleted,modified or amended by this ordinance, and is by such adopted by reference. 101.3 Scope.The provisions of this code shall apply to B. One (1) copy of the code therefore is on file in the planning, design, operation, construction, use and the office of the Building Official pursuant to Health and occupancy of every newly constructed building or structure, Safety Code Section 18942 and is made available for public unless otherwise indicated in this code for the City of ( inspection. (Ord. 19-2189, § 1 (part), 2019; Ord. 16-2155, Cupertino. § 10, 2016; Ord. 13-2115, (part), 2013; Ord. 12-2099, § 1 (part), 2013; Ord. 2072, (part), 2010) 94A 2020 S-75 16.58.070 Cupertino -Buildings and Construction 94B The California Green Building Standards Code also is 101.10.1.1.2 Residential new construction - hereby amended to apply to additions, renovations and Greater than nine (9) homes or more - as set forth in tenant improvements of privately-owned buildings and Table 101.10. (Ord. 12-2099, § 1 (part), 2013) structures in accordance with the provisions of this Chapter. It is not the intent that this code substitute or be 16.58.150 Section 101.10.1.1.3-Added. identified as meeting the certification requirements of any Add Section 101.10.1.1.3 to read as follows: private,third party green building program. (Ord. 12-2099, § 1 (part), 2013) 101.10.1.1.3 Major multi-family residential renovations/additions - as set forth in Table 101.10. 16.58.100 Section 101.10-Amended. Requirements shall only apply to the area of Amend Section 101.10 to read as follows: renovation/addition. (Ord. 12-2099, § 1 (part), 2013) i 101.10 Mandatory requirements.This code contains 16.58.160 Section 101.10.1.1.4-Added. mandatory green building measures. In addition, this Add Section 101.10.1.1.4 to read as follows: Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and 101.10.1.1.4 Non-residential new construction, structures, additions, renovations and tenant improvements small - as set forth in Table 101.10. (Ord. 12-2099, § 1 subject to requirements in Table 101.10 shall comply with (part), 2013) the mandatory measures of the 2019 California Green Building Standards Code as adopted by the state in addition 16.58.170 Section 101.10.1.1.5-Added. to local amendments included in this code, regardless of Add Section 101.10.1.1.5 to read as follows: height or number of stories,unless specifically exempted by this code. (Ord. 18-2189, § 1 (part), 2019; Ord. 16-2155, 101.10.1.1.5 Non-residential new construction, § 13, 2016; Ord. 13-2115, (part), 2013; Ord. 12-2099, § 1 medium- as set forth in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) (part), 2013) 16.58.110 Section 101.10.1-Added. 16.58.180 Section 101.10.1.1.6-Added. Add Section 101.10.1 to read as follows: Add Section 101.10.1.1.6 to read as follows: 101.10.1 Project Types-as set forth in Table 101.10. 101.10.1.1.6 Non-residential new construction, (Ord. 12-2099, § 1 (part), 2013) large - as set forth in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) 16.58.120 Section 101.10.1.1-Added. Add Section 101.10.1.1 to read as follows: 16.58.190 Section 101.10.1.1.7-Added. Add Section 101.10.1.1.7 to read as follows: 101.10.1.1 Residential projects- as set for in Table 101.10. (Ord. 12-2099, § 1 (part), 2013) 101.10.1.1.7 Non-residentialrenovations/additions, minor - as set forth in Table 101.10. Requirements shall 16.58.130 Section 101.10.1.1.1-Added. only apply to the scope of work of renovation/addition. Add Section 101.10.1.1.1 to read as follows: (Ord. 12-2099, § 1 (part), 2013) 101.10.1.1.1 Residential new construction-Equal 16.58.200 Section 101.10.1.1.8-Added. to or less than nine (9) homes - as set forth in Table Add Section 101.10.1.1.8 to read as follows: 101.10. (Ord. 12-2099, § 1 (part), 2013) 101.10.1.1.8 Non-residential renovations/additions, 16.58.140 Section 101.10.1.1.2-Added. major - as set forth in Table 101.10. Requirements shall Add Section 101.10.1.1.2 to read as follows: only apply to the area of renovation/addition. (Ord. 12-2099, § 1 (part), 2013) F 2020 S-75 16.62.010 CHAPTER 16.62: HISTORICAL BTi ILDPNG CODE Section 16.62.010 Adoption of the 2019 California Historical Building Code. 16.62.010 Adoption of the 2019 California Historical Building Code. A. Except as otherwise provided in this chapter,the provisions of the 2019 California Historical Building Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted,modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) 96A 2020 S-75 Cupertino -Buildings and Construction 96B 16.64.010 CHAPTER 16.64: EXISTING BLTILM3 G CODE Section 16.64.010 Adoption of the 2019 California Existing Building Code. 16.64.010 Adoption of the 2019 California Existing Building Code. A. Except as otherwise provided in this chapter,the provisions of the 2019 California Existing Building Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted,modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) 1 i 96C 2020 S-75 Cupertino -Buildings and Construction 96D i l i fr 16.68.010 CHAPTER 16.68: REFERENCED STANDARDS CODE Section 16.68.010 Adoption of the 2019 California Referenced Standards Code. 16.68.010 Adoption of the 2019 California Referenced Standards Code. A. Except as otherwise provided in this chapter,the provisions of the 2019 California Referenced Standards Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted,modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are 1 made available for public inspection. (Ord. 19-2189, § 1 (part), 2019) 96E 2020 S-75 Cupertino -Buildings and Construction 96F 18.24.010 CHAPTER 18.24: DEDICATIONS AND RESERVATIONS Section Article I. Dedication of Streets, Alleys, Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements. Rights-of-Way and Easements. 18.24.010 Dedication of streets, alleys, and other public rights-of-way or 18.24.010 Dedication of Streets, Alleys, and Other easements. Public Rights-of-way or Easements. A. As a condition of approval of a final map or Article H. Park Land Dedication. parcel map, the subdivider shall dedicate or make an 18.24.020 Purpose. irrevocable offer of dedication of all parcels of land within 18.24.030 Requirements. the subdivision that are needed for streets and alleys, 18.24.040 General standard. including access rights and abutters'rights;drainage;public 18.24.050 Dedication of land. utility easements; bicycle paths, transit facilities, solar 18.24.060 Fees in lieu of park land dedication. access easements, park land, fire stations, libraries, access 18.24.070 Criteria for requiring both dedication to public resources and other public easements as required. and fee. B. Improvements shall be in accordance with 18.24.080 Subdividers not within General Plan. Chapter 18.32 of this title. f 18.24.090 Determination of land or fee. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 18.24.100 Credit for private recreation or open 2011; Ord. 1384, Exhibit A(part), 1986) space. 18.24.110 Credit for existing residential units. Article H.Park Land Dedication. 18.24.120 Procedure. 18.24.130 Commencement of development. 18.24.020 Purpose. This section is enacted pursuant to the authority Article III. School Site Dedication. granted by the Government Code.The park and recreational 18.24.140 General. facilities for which dedication of land and/or payment of a 18.24.150 Procedure. fee is required by this chapter are in accordance with the 18.24.160 Payments to subdivider for school open space and conservation element of the adopted General site dedication. Plan of the City of Cupertino, and any amendments. (Ord. 18.24.170 Exemptions. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 2 (part), 2014; Y Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), Article IV. Reservations. 1986) 18.24.180 General. 18.24.190 Standards for reservation of land. 18.24.030 Requirements. 18.24.200 Procedure. A. As a condition of approval of a final subdivision 18.24.210 Payment to subdivider. map or parcel map, the subdivider shall dedicate land, pay 18.24.220 Termination. a fee in lieu thereof, or a combination of both for park or recreational purposes at the time and according to the Article V. Waiver of Direct Street Access. standards and formula contained in Chapter 13.08. The City 18.24.230 Waiver of direct street access. has the discretion to determine which of the three options shall be required. P i 23 2020 S-75 18.24.030 Cupertino - Subdivisions 24 B. The provisions of this chapter are not applicable General Plan and in accordance with the provisions of this to the following land use categories: chapter. (Ord. 19-2192, §3(part),2019;Ord. 14-2125, §2 1. Commercial or industrial subdivisions; (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, 2. Condominium conversion projects or stock Exhibit A(part), 1986) cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years 18.24.090 Determination of Land or Fee. old when no new dwelling units are added; A, In addition to the standards identified in Section 3. Convalescent hospitals and similar dependent care 13.08.070 for whether the City shall accept land dedication facilities; and or elect to require payment of a fee, for subdivisions 4. Subdivisions containing less than five parcels and containing fifty parcels or more, or for a condominium not used for residential purposes. (Ord. 19-2192, §3(part), project, stock cooperative, or community apartment project 2019; Ord. 14-2125, §2(part),2014; Ord.2085, §2(part), exceeding 50 dwelling units,the City shall also consider the 2011; Ord. 1384, Exhibit A(part), 1986) policies contained in the Recreation,Parks,and Community Services element of the City's General Plan. 18.24.040 General Standard. B. The determination of the City as to whether land The Park Land Dedication shall be as identified in the shall be dedicated, or whether a fee shall be charged, or a • combination thereof, shall be final and con clusive. Ord. Plan and Chapter 13.08. City's General p (Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 2(part), 19-2192, § 3 (part), 2019; Ord. 14-2125, § 2 (part), 2014; 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), (part), 1986) 1986) 18.24.050 Dedication of Land. 18.24.100 Credit for Private Recreation or Open A. Where dedication of land is required, the Space. subdivider shall dedicate park land in compliance with the Where private open space for park and recreational formula set out in Section 13.08.050. (Ord. 19-2192, § 3 purposes is provided in a proposed subdivision,a credit shall (part),2019; Ord. 14-2125, §2(part),2014;Ord.2085, §2 be given against the requirement of land dedication or ` (part), 2011; Ord. 1384, Exhibit A (part), 1986) payment of fees in lieu thereof, pursuant to requirements of Section 13.08.080. (Ord. 19-2192, § 3 (part), 2019; Ord. 18.24.060 Fees in Lieu of Land Dedication. 14-2125, §2(part), 2014;Ord. 2085, §2(part),2011;Ord. A. Fees in Lieu of Land Required. Where fees in 1674, 1995; Ord. 1384, Exhibit A(part), 1986) lieu of park land are required,the subdivider shall pay such fees in compliance with Section 13.08.060. (Ord. 19-2192, 18.24.110 Credit for Existing Residential Units.' §3(part),2019;Ord. 14-2125, §2(part),2014;Ord.2085, Where any proposed subdivision contains existing § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, residential units, a credit shall be given against the Exhibit A (part), 1986) requirement of land dedication or payment of fees in lieu thereof for each lot which contains residential unit or units. 18.24.070 Criteria for Requiring Both Dedication As used herein, the term "existing" refers to a residential and Fee. unit or units which exist at the time of the recordation of a The criteria for requiring subdividers to dedicate land final map or which were demolished within one year prior and pay a fee in lieu thereof is set forth in Section 13.08.070 of the tentative map application, for which previously park and Section 18.24.090. (Ord. 19-2192, § 3 (part), 2019; land dedication or fees in lieu have been collected. (Ord. Ord. 14-2125, §2(part),2014; Ord.2085, §2(part),2011; 19-2192, § 3 (part), 2019; Ord. 14-2125, §2(part), 2014; Ord. 1384, Exhibit A (part), 1986) Ord. 2085, § 2(part), 2011; Ord. 1853, § 2, 2000) 18.24.080 Subdividers not within General Plan. 18.24.120 Procedure. Where the proposed subdivision lies within an area not A. At the time of approval of the tentative included but to be included within the City's General Plan, subdivision map, the City Council shall determine whether the subdivider shall dedicate land, pay a fee in lieu, or a land is to be dedicated and/or fees to be paid, or a combination of both, in accordance with the adopted park combination of both, by the subdivider pursuant to Chapter and recreational principles and standards of the City's 13.08. 2020 S-75 25 Dedications and Reservations 18.24.120 B. At the time of the filing of the final subdivision the requirement shall be automatically terminated. The map, the subdivider shall dedicate the land and/or pay the required dedication may be made any time before, fees. concurrently with, or up to sixty days after the filing of the C. Open space covenants for private park or final map on any portion of the subdivision. recreational facilities shall be submitted to the City prior to (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), approval of the final subdivision map and shall be recorded 2011; Ord. 1384, Exhibit A (part), 1986) simultaneously with the final subdivision map. D. The City will provide a credit to the Developer 18.24.160 Payments to Subdivider for School Site for the value of any improvements installed by the Dedication. Developer. This credit shall include a reduction in the The school district shall, if it accepts the dedication, amount of land dedicated or fees in-lieu thereof, repay to the subdivider or his or her successors the original Improvements and installations performed by the developer cost to the subdivider of the dedicated land,plus a sum equal for which credits are given must be designed and to the total of the following amounts: constructed prior to occupancy of the development. (Ord. A. The cost of any improvements to the dedicated j 19-2192, § 3 (part), 2019; Ord. 14-2125, § 2(part), 2014; land since acquisition by the subdivider; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), B. The taxes assessed against the dedicated land 1986) from the date of the school district's offer to enter into the binding commitment to accept the dedication; 18.24.130 Commencement of Development. C. Any other costs incurred by the subdivider in At the time of approval of the final subdivision map, maintenance of such dedicated land, including interest costs the City Council shall specify when development of the park incurred on any loan covering such land. or recreational facilities shall be commenced. (Ord. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 19-2192, §4 (part), 2019; Ord. 14-2125, § 2(part), 2014; 2011; Ord. 1384, Exhibit A (part), 1986) Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.24.170 Exemptions. The provisions of this article shall not be applicable to Article M. School Site Dedication. a subdivider who has owned the land being subdivided for more than ten ears prior to the filing of the tentative maps. Y P g P 18.24.140 General. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), Unless otherwise prohibited by law, as a condition of 2011; Ord. 1384, Exhibit A (part), 1986) approval of a final subdivision map, a subdivider who develops or completes the development of one or more Article IN. Reservations. subdivisions within a school district shall dedicate to the school district such lands as the City Council shall deem to 18.24.180 General. be necessary for the purpose of constructing thereon schools As a condition of approval of a map, the subdivider necessary to assure the residents of the subdivision adequate shall reserve sites, appropriate in area and location, for elementary school service, parks, recreational facilities,fire stations,libraries or other (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), public uses according to the standards and formula contained 2011; Ord. 1384, Exhibit A (part), 1986) in this article. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 18.24.150 Procedure. 2011; Ord. 1384, Exhibit A (part), 1986) The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the City ; the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, i s i 2020 S-75 18.24.190 Cupertino- Subdivisions 26 18.24.190 Standards for Reservation of Land. Article V. Waiver of Direct Street Access. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific 18.24.230 Waiver of Direct Street Access. plan or adopted general plan containing a community A. The City may require as a condition of approval facilities element, recreation and parks element and/or a of any subdivision the waiver of direct access rights to public building element, the subdivider may be required by proposed or existing streets from any property within the the City to reserve sites as so determined by the City or subdivision and abutting thereon. County in accordance with the definite principles and B. Any waiver shall become effective in accordance standards contained in the above specific plan or General with its provisions and shall be contained in the owner's Plan. The reserved area must be of such size and shape as to certificate of the final map or parcel map. permit the balance of the property within which the (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), reservation is located to develop in an orderly and efficient 2011; Ord. 1384, Exhibit A(part), 1986) manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible.The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not [Text continues on page 291 acquired within the prescribed period. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord, 1384, Exhibit A (part), 1986) 18.24.200 Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire reserved area within two years after the completion and acceptance of all improvements,unless the period of time is extended by mutual agreement. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.24.210 Payment to Subdivider. The purchase price shall be the market value at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.24.220 Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) k 2015 S-47 19.80.010 CHAPTER 19.80: PLANNED DEVELOPMENT(P) ZONES Section 19,80.010 Purpose. the regulations applicable to any planned development 19.80.020 Applicability of regulations. district may be established, modified or deleted in accord 19.80.030 Establishment of districts-Permitted with the procedures described in this chapter. and conditional uses and B. All P districts shall be identified on the zoning development standards. map with the letter coding "P" followed by a specific 19.80.040 Zoning or prezoning. reference to the general type of use allowed in the particular 19.80.050 Development permit. planned development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated 19.80.010 Purpose. "P(CG)." A planned development zoning district in which A. The planned development (P) zoning district is the uses are intended to be a mix of general commercial and intended to provide a means of guiding land development or residential would be designated "P(CG, Res)." redevelopment of the City that is uniquely suited for planned C. Permitted uses in a P zoning district shall consist coordination of land uses and to provide for a greater of all uses which are permitted in the zoning district flexibility of land use intensity and design because of referenced following the letter "P", unless a conceptual accessibility, ownership patterns, topographical development plan, specific plan, or other zoning plan, considerations, and community design objectives. further restricts the uses. For example, the permitted uses B. The planned development zoning district is in a P(CG) zoning district are the same uses which are specifically intended to encourage variety in the permitted in the CG zoning district. For sites with a development pattern of the community; to promote a more mixed-use residential designation,Section 19.80.030E shall desirable living environment; to encourage creative apply. approaches in land development; to provide a means of D. Conditional uses in a P zoning district shall reducing the amount of improvements required in consist of all uses which require the issuance of a development through better design and land planning, to conditional use permit in the zoning district referenced conserve natural features, to facilitate a more aesthetic and following the letter "P," unless a conceptual development efficient use of open spaces, and to encourage the creation plan,specific plan,or other zoning plan,further restricts the of public or private common open space by establishing a uses. For example, the conditional uses in a P(CG) zoning process to consider and approve conceptual and definitive district are the same uses which require a conditional use plans that provide development standards and regulations to permit in the CG zoning district. Each conditional use in a advance these goals. (Ord. 19-2191, §4(part), 2019; Ord. P zoning district requires a separate conditional use permit. 14-2125, § 8 (part), 2014; Ord. 2085, §2(part), 2011) For sites with a mixed-use residential designation, Section 19.80.030E shall apply. 19.80.020 Applicability of Regulations. E. For sites with a mixed-use residential designation No building, structure or land shall be used and no the following shall apply: building or structure shall be erected, enlarged or 1. For sites in the Monta Vista Village Special Area, structurally altered, or demolished, in any planned residential shall be a permitted use. development zoning district, except in accordance with the 2. If a site is listed as a Priority Housing Site in the provisions set forth in this chapter. (Ord. 19-2191, § 4 City's adopted Housing Element of the General Plan, then (part),2019; Ord. 14-2125, §8(part),2014;Ord. 2085, §2 residential development that does not exceed the number of (part), 2011) units designated for the site in the Housing Element shall be a permitted use. 19.80.030 Establishment of Districts-Permitted 3. Residential development on sites not designated and Conditional Uses and Development as Priority Housing Sites in the City's adopted Housing Standards. Element of the General Plan and residential development on A. Planned development zoning districts may be a Priority Housing Site that exceeds the number of units established,modified or removed from the zoning map,and 2020 S-75 143 19.80.030 Cupertino - Zoning 144 designated for that Priority Housing Site shall be a at the time of the application, submit to the Director of conditional use, except as provided in subsection 5, below. Community Development a conceptual development plan, 4. Priority Housing Sites shall be shown on the which shall include: City's zoning map. 1. A general description of the proposed uses, 5. For sites zoned P(R3, CG), no conceptual or 2. The proposed traffic-circulation system, definitive plans shall be required to establish permitted and 3. A topographical map of the site and the conditional uses. Multifamily residential use is the primary neighboring properties, permitted use. Commercial uses may be incorporated into 4. A landscaping plan. the development on the ground floor but shall not be the B. Process and Review Authority. primary permitted use. 1. Applications for the zoning, prezoning or F. The development standards and regulations for rezoning of property shall be processed in the manner residential only and mixed-use residential projects in a P prescribed in Chapter 19.152. zoning district shall consist of the following: C. Findings. No such ordinance may be adopted 1. All development standards and regulations in the unless, in addition to making the findings required by General Plan and any adopted specific plan, conceptual Chapter 19.152, the following findings are made: development plan,definitive plan,or other zoning plan,and, 1. That the conceptual development plan attached to to the extent not addressed in those plans, all development the application is consistent with both the General Plan and standards and regulations for the zoning district referenced any underlying zoning designation which regulates the site; following the letter "P." The development standards and 2. That the conceptual development plan provides regulations for a residential development are those for an organized and unified system of land uses and land established for the R-3 zoning district. use intensities which would be compatible with the 2. In implementing subsection(1)above,mixed-use surrounding neighborhood; projects shall comply with the development standards and 3. That the conceptual development plan for a regulations in the R-3 zone and the referenced zoning residential use ensures that the proposed development district by proposed use. For example, residential portions provides adequate active and passive oriented open space of the project shall comply with the development standards within the development to satisfy the needs of future and regulations in the R-3 zoning, commercial portions of residents and, further, that the proposed development the project shall comply with the development standards and provides adequate landscaping that will function in a manner regulations in the CG zoning, industrial portions of the which will enhance the individual development and the project shall comply with the development standards and community as a whole; regulations in the MUMP zoning,whichever is referenced, 4. That the conceptual development plan ensures that and office portions of the project shall comply with the the location of the site with respect to major thoroughfares development standards and regulations in the OA/OP and uses outside the zone would not create undue and zoning, whichever is referenced. In the event of any unreasonable traffic congestion in the area; conflicts, the most restrictive standard or regulation shall 5. That the conceptual development plan makes apply. provisions for adequate parking, waste disposal and G. For projects with no residential component undergrounding of utilities. modification of the proposed in a P zoning district, the development standards D. Modifications. Any and regulations of the permitted and conditional uses shall be conceptual plan requires the submission of a rezoning established in conjunction with the approval of conceptual application. (Ord. 19-2191, §4(part),2019;Ord. 14-2125, and definitive plans, and such projects shall also comply § 8 (part), 2014; Ord. 2085, § 2(part), 2011) with any adopted specific plan, or other zoning plan. For sites which require a specific plan prior to development 19.80.050 Development Permit. approval, the permitted and conditional uses and all Process and Review Authority - Prior to any development regulations shall be as shown in the specific development within a planned development zoning district, plan. (Ord. 19-2191, § 4 (part), 2019; Ord. 19-2187, § 3 the applicant must obtain a development permit approving (part),2019; Ord. 14-2125, §8(part),2014;Ord.2085, §2 the development, and approval of a required or requested (part), 2011) definitive plan, pursuant to the requirements of Chapter 19,156. A required or requested definitive plan may be 19.80.040 Zoning or Prezoning. reviewed and approved concurrently with the development A. Application. The applicant for zoning, permit. (Ord. 19-2191, §4(part), 2019; Ord. 14-2125, §8 prezoning, or rezoning of property to a P zoning district (part), 2014; Ord. 2085, § 2(part), 2011) F shall,in addition to information required per Chapter 19.12, 2020 S-75 27 Comprehensive Ordinance List Ord. No. Ord. No. 1570 Amends § 2.84.010, Environmental 1593 Amends § 16.56.010, housing code Review Committee (2.84) (Repealed by 1710) 1571 Adds Ch. 9.18, nonpoint source 1594 Amends Ch. 16.40, fire code pollution(9.18) (Repealed by 1711) 1572 Repeals and replaces Ch. 6.24, 1595 Amends §§ 16.32.020, 16.32.030, garbage collection(6.24) 16.32.040, 16.32.050, swimming 1573 Amends Ord. 1543, heritage and pools (16.32) (16.32.020, 16.32.030, specimen trees (14.18) 16.32.040, 16.32.050 Repealed by 1574 Rezone(Special) Ord. 13-2115) 1575 Adds Art. 13 to Title 18, hillside 1596 Amends § 2.44.120, architectural and subdivision requirements (18.52) site approval committee (Repealed by 1576 Adds Ch. 2.86, Affordable Housing 1630) Committee (2.86) 1597 (Number not used) 1577 Amends Ch. 11.24 [§ 11.24.150], 1598 Amends entirety of Ch. 9.18, repeals parking prohibition along certain former sections 9.18.150--9.18.180, streets (11.24) nonpoint source pollution(9.18) 1578 Amends § 11.24.150, parking (9.18.050 Repealed by Ord. 2088) prohibitions on Stevens Creek 1599 Adds Ch. 3.36, storm drainage service Boulevard(11.24) charge (3.36) 1579 Amends § 11.12.030, speed limit on 1600 Amends § 3.34.030(A), telephone use Bandley Drive (11.12) tax(3.34) 1580 Amends Ch. 15.32, water conservation 1601 Adds Title 19 and repeals Ords. (15.32) 002(b-1), (k), (x), (y), NS-1200 §§ 29 1581 Repeals Ch. 2,38 (Repealer) and 30, 220(g) and(1), 575, 618, 652, 1582 Adds Ch. 3.22, purchase of supplies 664, 668, 779, 802, 906, 1277, 1344, and equipment; repeals Ch. 3.24 1449, 1450, 1451, 1452, 1484 and (3.22) 1495, zoning(19.02, 19.04, 19.08, 1583 Adds Ch. 3.23, public works contract 19.12 (Repealed by Ord. 2085), 19.16, and bidding procedures (3.23) 19.20 (Repealed by Ord. 2085), 19.24, j 1584 Amends § 11.12.030, speed limit on 19.28, 19.32, 19.36, 19.40, 19.44, Miller Avenue(11.12) 19.48 (Repealed by Ord. 2073), 19.52 1585 Amends §§ 11.29.030--11.29.060, on- (Repealed by Ord. 2085), 19.56 site parking (Repealed by 1940) (Repealed by Ord. 2085), 19.60 1586 Adds Ch. 11.38, transportation (Repealed by Ord. 2085), 19.64 demand management(Repealed by (Repealed by Ord. 2085), 19.68, 1731) 19.72, 19.76, 19.80(Repealed by Ord. 1587 Amends §§ 15.32.010, 15.32.020, 2085), 19.84(Repealed by Ord. 2085), 15.32.030, 15.32.070, and 15.32.080, 19.88 (Repealed by Ord. 2085), 19.92, water conservation(15.32) 19.96, 19.100, 19.104 (Repealed by 1, 1588 Adds Ch. 10.27, cigarette and/or Ord. 2085), 19.108 (Repealed by Ord. tobacco vending machines (10.27) 2085), 19.112, 19.116, 19.120, (Repealed by Ord. 19-2190) 19.124, 19.128, 19.132(Repealed by + 1589 Amends § 11.24.150, parking Ord. 2085), 19.136, 19.140, 19.152, prohibitions on Finch Avenue (11.24) 19.160) 1590 Amends §§ 16.04.010 and 16.04.065, 1602 Rezone (Special) repeals §§ 16.04.040, 16.04.045 and 1603 (Number not used) 16.04.047, building code (Repealed by 1604 Amends Ch. 15.12, waterworks 1706) system(Repealed by 1776) 1591 Amends §§ 16.20.010, 16.20.020, 1605 Amends § 11.24.150,parking 16.20.030 and 16.20.050, plumbing prohibitions (11.24) code (Repealed by 1708) 1606 Adds Ch. 9.06, massage 1592 Amends §§ 16.24.010, 16.24.030 and establishments (9.06) 16.24.070, mechanical code (Repealed 1607 Amends (75) and(76) of§ 19.02.030, by 1709) zoning (19.02) 2020 S-75 Cupertino - Comprehensive Ordinance List. 28 Ord. No. Ord. No. 1608 Adds Ch. 19.05A (OS open-space 1625 Amends § 5.16,040, garage and patio zones), amends §§ 19.88.010 and sales (5.16) 19.88.020, zoning (19.24(Repealed by 1626 Amends §§ 6.24.070 and 6.24.080, Ord. 2085), 19.88) garbage containers (6.24) 1609 Amends § 18-1.803.2, 18-1.402.4(4), 1627 Amends § 18-1.201.(H), definition of 18-1.402.5.1(B), 18-1.602.5(A) and lot line adjustment(18-1.201.) 18-1,602.7, subdivisions (18.16, 1628 Repeals and replaces Ch. 10.44, 18.24, 18.32) parades and athletic events (10.44) 1610 Adds subsection(F)to § 16.12.030, 1629 Amends § 11.37.040, fee for soil report(16.12) (16.12,030 processing overweight vehicle permit Repealed by Ord. 13-2115) (11.37) 1611 Adds § 14.04.125, traffic diverters 1630 Amends §§ 14.15.040(E), (14.04) 14.15.050(A), 14.18.060, 14.18.070, 1612 Amends Ch. 5.04, business license 14.18.110, 14.18.150, 16.28.030, taxes (5.04) 19.16.060(E)(3), 19.20.060(E)(4), 1613 Amends contract with Board of 19.28.070, 19.44.070(E)(4), Administration of California Public 19.56.070, 19.76.050(E), Employees Retirement System(Not 19.88.060(7)(1) and(2), 19.132.060 codified) and 19.136.060; repeals Ch. 2.44 and 1614 Moratorium on certain subdivision, §§ 19.44.090, 19.48,100 and building and grading uses in 19.68.080, review authority(14.15 Inspiration Heights area(Not codified) (Repealed by Ord. 2058), 14.18, 16.28 1615 Adds Ch. 14.15, xeriscape (Repealed by Ord. 2085, 19.16 landscaping; amends title of Title 14 to (Repealed by Ord. 2085), 19.20 be Streets, Sidewalks and Landscaping (Repealed by Ord. 2085), 19.28 (Repealed by Ord. 2058) (Repealed by Ord. 2085), 19.44 1616 Amends § 2.7.3 of Ord. 1606, (Repealed by Ord. 2085), 19.48 massage establishments and services (Repealed by Ord. 2073), 19.56 (9.06) (Repealed by Ord. 2085), 19.76 1617 Amends § 2.04.040, vacancy on City (Repealed by Ord. 2085), 19.88 Council (2.04) (Repealed by Ord. 2085), 19.132 1618 Amends §§ 19.08.030, 19.28.030, (Repealed by Ord. 2085)and 19.136 19.28.100: 19.56.040 and 19.124.100, (Repealed by Ord. 2085)) zoning (19.08, 19.28 (Repealed by 1631 Repeals and replaces Title 8, animals Ord. 2085), 19.56 (Repealed by Ord. (Repealed by 1644) 2085), 19.124 (Repealed by Ord. 1632 Amends § 3.23.120(B); repeals 2073) § 3.23.120(C), public works contract 1619 Extends moratorium contained in Ord. and bidding procedures (3.23) 1614 (Not codified) 1633 Amends § 11.24.160, stopping, 1620 Amends Ch. 16.32, swimming pools standing and parking (11.24) (16.32) (Ch. 16.32 Repealed by 1634 Amends §§ 19.28.060, 19.40.010 and Ord.13-2115) 19.40.020, zoning(19.28 (Repealed by 1621 Rezone (Special) Ord. 2085), 19.40) 1622 Amends Ch. 15.32, water conservation 1635 Adds §§ 18-1.1303(G) and(H); (15.32) amends §§ 18-1.1303(B), (C) and(D), 1623 Amends § 2.48.020(A); repeals 19.08.030, 19.28.060 and 19.28.070, §§ 2.48.020(F) and 2.48.020(G), subdivisions and zoning(18.52, 19.08, department organization(2.48) 19.28 (Repealed by Ord. 2085)) 1624 Amends Title 17, signs; adds 1636 (Number not used) Appendices A-1 through A-9 to Title 1637 Adds subsection(F)to § 14.15.050 17 (17,04, 17.08, 17.12, 17.16, 17.20, and Appendix A to Ch. 14.15; amends 17.24, 17.32, 17.44, 17.52, Title 17, § 14.15.040, xeriscape landscaping; A Appendices A-1 through A-9) (Title 17 adds subsection(D)to § 16.28.040, Repealed by Ord. 2085) Amends § 19.104.010, zoning (19.104) 2014 S-46 43 Comprehensive Ordinance List Ord. No. Ord. No. 13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050, regarding acceptance of public 11.27.145 regarding designation of improvements (14.04, 18.32) preferential parking zones around the 13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza(11.27) encroachments and use of city rights-of- 14-2119 Rezoning certain land(Not Codified) way(14.08) 14-2120 Amends 11.08,250 regarding 13-2111 Amends 14,12.120 regarding condition designated bicycle lanes (11.08) for development or building permit 14-2121 Amends 10.56.020, 10.90.010, (14.12) 10.90.020, 10.90.040, and 10.90.050, 13-2112 Rezoning certain land(Not Codified) regarding outdoor smoking (10.56, 13-2113 Rezoning certain land(Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9.17.130 regarding single-use between city and Apple, Inc.; repeals carryout bags (9.17) Ord. 1702(Special) 14-2123 Adds 2.08.145 regarding City Council 13-2115 Amending Ch. 16; adding Ch. 16.02, review (2.08) Administrative Code(Repealed by Ord. 14-2124 Rezoning certain land(Not Codified) 16-2155); repealing and replacing Ch. 14-2125 Adding Ch. 13.08, park land 16.04, Building Code (Repealed by dedication, amending Ch. 18.24, Ord. 16-2155; repealing and replacing dedications and reservations, Ch. Ch. 16.06, Residential Code(Repealed 19.08, definitions, Ch. 19.12, by Ord. 16-2155); repealing and Administration, Ch. 19.20, permitted, replacing Ch. 16.12, Soils and conditional, and excluded uses in Foundations- Subdivisions; repealing agricultural and residential zones, Ch. and replacing Ch. 16.16, Electrical 19.56, density bonus (Repealed by Code (Repealed by Ord. 16-2155); Ord. 16-2149), Ch. 19.76, Public repealing and replacing Ch. 16.20, Buildings (BA), Quasi-Building(BQ) Plumbing Code (Repealed by Ord. and Transportation(T)zones, Ch. 16-2155); repealing and replacing Ch. 19.80, Planned Development(P) 16.24, Mechanical Code (Repealed by zones, Ch. 19.84, Permitted, Ord. 16-2155); repealing Ch. 16.32, conditional and excluded uses in Open Swimming Pools; amends 16.36.010, Space, Park and Recreation and 16.36.020, 16.36.030, 16.36.040, Private Recreation zoning districts, 16.36.050, 16.36.070, 16.36.120 Ch. 19.144, development agreements, regarding relocation of buildings; adding Ch. 19.172,below market rate repealing 16.36.130 regarding housing program(13.08, 18.24, 19.08, violations-penalty for moving buildings; 19.12, 19.20, 19.56, 19.76, 19.80, repealing and replacing Ch. 16.40, Fire 19.84, 19.144, 19.172) Code (Repealed by Ord. 16-2155); 14-2126 Amends Ch. 14.18 regarding tree amends 16.54.010 regarding adoption of removal(14.18) Energy Code; amends 16.58.010, 15-2127 Amends 2.36.030, 2.36.0070, 16.58.015, 16.58.040, 16.58.100 2.36.080 and 2.36.090 regarding the regarding the Green Building Standards City Park and Recreation Commission Code (16.02, 16.04, 16.06, 16.12, (2.36) 16.16, 16.20, 16.24, 16.32, 16.36, 15-2128 Amends 11.32.010 and adds 11.32.055 16.40, 16.54, 16.58) regarding truck access to streets in 14-2116 Adds 9.15.100, 9.15.110, 9.15.120, school zones (11.32) 9.15.130, 9.14.140,prohibiting use of 15-2129 Amends Ch. 2.40, Disaster Council polystyrene foam disposable food (2.40) service ware(9.15) 15-2130 Amends Ch. 6.24, Garbage, Non- 14-2117 Adds 16.58.400 and 16.58.420 to Ch. Organic Recycling and Organic Waste 16.58, Green Building Standards Code; Recycling Collection and Disposal; amends 1.08.010, 1.08.020, 1.08.030 amends Ch. 9.16, Solid Waste, regarding right of entry for inspection Non-Organic Recycling and Recycling (16.58, 1.08) Areas (6.24, 9.16) 2016 S-59 Cupertino - Comprehensive Ordinance List 44 Ord. No. Ord. No. 15-2131 Amends Ch. 15.32, Water Conservation 16-2147 Amends 11.27.145 concerning (15.32) designation of preferential parking zones 15-2132 Adds Ch. 2.94, Sustainability (11.27) Commission(2.94) 16-2148 Approving development agreement 15-2133 Adds Ch. 16.28, Expedited Permit between city and Marina Plaza LLC H Process for Small Rooftop Solar Systems (Special) (16.28) 16-2149 Amends 19.08.030, 19.12.080, 15-2134 Amends 11,32.020, 11.32.055, 19.12.180, 19.28.120 and 19.32.010 11.32.070 and 11.32.080 regarding related to permits, procedure, and code truck routes and truck access within city requirements; repeals and replaces Ch. and school zones, (11.32) 19.56, Density Bonus; adds 1.10.055, 15-2135 Rezoning certain land(Not Codified) recording notice of violations, and 15-2136 Amends § 2.12.040, ordinance passage 19.104.205, sign message substitution (2.12) (1.10, 19.08, 19.12, 19.28, 19.32, 15-2137 Amends § 2.04.010, regular meetings 19.56, 19.104) (2.04) 16-2150 Amends 19.124.030 and 19.124.040 15-2138 Authorizing the implementation of a regarding parking standards in various Community Choice Aggregation zones (19.124) Program(Not Codified) 16-2151 Adds Ch. 3.37, Minimum Wage (3.37) 16-2139 An interim urgency ordinance 16-2152 An interim urgency ordinance establishing a moratorium on all medical establishing a moratorium on marijuana facilities pending completion establishment, expansion, or relocation of an update to the zoning code (Not of payday lending and check cashing Codified) businesses pending completion of an 16-2140 Amends § 19.08.030 regarding update to the zoning code (Not Codified) definitions(19.08), adds Ch. 19.98 16-2153 An interim urgency ordinance regarding medical marijuana(19.98) establishing a temporary moratorium on (Ch. 19.98 repealed by Ord. 17-2169) non-medical marijuana dispensaries, 16-2141 Amends § 14.04.110 and § 18.56.040 marijuana cultivation and cultivation regarding street reimbursement charges facilities, commercial cannabis activities (14.04, 18.56) and marijuana transport and deliveries 16-2142 Repealing and replacing landscape pending completion of an update to the ordinance, §§ 14.15.010, 14.15.020, zoning code (Not Codified) 14.15.030, 14.15.040, 14.15.050, 16-2154 Amends Ch. 16.52, Prevention of Flood 14.15.060, 14.15.070, 14.15.080, Damage(16.52) 14.15.090, 14.15.100, 14.15.110, 16-2155 Repealing and replacing Chs. 16.02, 14.15.120, 14.15.130, 14.15.140, 16.04, 16.06, 16.16, 16.20, 16.24, 14.15.150, 14,15.160, 14.15.170, 16.40, repealing Ch. 16.42, amending 14.15.180(14.15) §§ 16.54.010, 16.58.010, 16.58.015, 16-2143 Amending 3.23.030, 3.23.040, 16.58.040, 16.58.100 and 16.80.040 3.23.050, 3.23.120 regarding public regarding California building , works contracts and bidding procedures residential, electrical, mechanical, (3.23) plumbing, energy, historical, fire, 16-2144 Approving development agreement existing building, and greed building between city and IAC at Cupertino LLC standards codes (16.02, 16.04, 16.06, (Special) 16.16, 16.20, 16.24, 16.40, 16.42, 16-2145 Amends 11.27.145 concerning 16.54, 16.58, 16.80) (Chs. 16.02, designation of preferential parking zones 16.04, 16.06, 16.16, 16.20, 16.24, (11.27) 16.40, §§ 16.54.010, 16.58.010, 16-2146 Amends 11.27.145 concerning 16.58.015, 16.58.040 and 16.58.100 designation of preferential parking zones repealed by Ord. 19-2189) (11.27) 2020 S-75 45 Comprehensive Ordinance List Ord. No. Ord. No. 16-2156 An interim urgency ordinance 17-2165 agricultural-residential zones, establishing a temporary moratorium on (Cont.) multiple-family residential zones, the establishment, expansion, or residential hillside zones, general relocation of payday lending and check commercial zones, permitted, cashing businesses pending completion conditional and excluded uses, and of an update to the zoning code(Not conversions of apartment projects to Codified) common interest developments (9.22, 16-2157 Amends § 19.08.030 regarding 19.08, 19.12, 19.24, 19.28, 19.36, definitions (19.08) 19.40, 19.60, 19.64, 19.112, 19.116) 16-2158 Amends Ch. 8.07 and Table 19.20.020 17-2166 Amendrnents to zoning map change regarding beekeeping(8.07, 19.20) (Not Codified) 16-2159 Amends §§ 19.08.030, Table 17-2167 An interim urgency ordinance 19.20.020, 19.24.040, 19.52.020, and extending Ordinance 16-2153 and a Ch. 19.112 regarding accessory temporary moratorium on non-medical dwelling units (19.20, 19.24, 19.52 and marijuana dispensaries, marijuana 19.112) cultivation and cultivation facilities, 16-2160 An interim urgency ordinance commercial cannabis activities and establishing a temporary moratorium on marijuana transport and deliveries non-medical marijuana dispensaries, pending completion of an update to the marijuana cultivation and cultivation zoning code (Not Codified) facilities, commercial cannabis activities 17-2168 Add Ch. 14.02, Transportation Impact and marijuana transport and deliveries Fee Program(14.02) pending completion of an update to the 17-2169 Adds Ch. 10.84, amends § 19.08.030, zoning code (Not Codified) and repeals and replaces Ch. 19.98, 17-2161 Amends §§ 11.08.160 and 11.08.180 regarding medicinal and adult use of regarding restrictions on bicycles marijuana(10.84, 19.08, 19.98) (11.08) 17-2170 Amends §§ 19.08.030 and 19.112.020, 17-2162 Amends Table 19.12.030, title of Ch. 19.112, and Table §§ 19.12.080, 19.12.090, 19.12.110, 19.112.030, regarding accessory Tables 19.20.020, 19,28.040, and dwelling units in R-1, RHS and A-1 § 19.28.050 regarding zoning zones (19.08, 19.112) administration, permitted and 18-2171 Amends § 2.80.010, regarding the conditional uses, and single story Fine Arts Commission(2.80) overlay district process (19.12, 19.20, 18-2172 Adds Ch. 10.05, Social Host 19.28) Responsibility(10.05) 17-2163 Amends 11,27.145 regarding 18-2173 Amends §2.48.020 and adds preferential parking zones (11.27) § 2.48.040 regarding the Department 17-2164 Amends §§ 16.72.010 through of Public Works (2.48) 16,72.070 regarding recycling and 18-2174 Amends §§ 3.12.010 through 3.12.030 diversion of construction and demolition and 3.12.050 through 3.12.140 waste(16.72) regarding transient occupancy tax 17-2165 Amends §§ 9.22.010 through 9.22.050, (3.12) 19.08.030, 19.12.030, 19.12.080, 18-2175 Amends Table 19.12.030 and Ch. 19.12.100, 19.12.110, 19.24.050, 19.148 regarding required artwork in 19.28.070, 19.36.070, Tables public and private developments 19.40.050, 19.40.060, 19.60.030, and (19.12, 19.148) 19.64.020, and 19.112.030, and 18-2176 Amends § 11.27.145 regarding §§ 19.116.030 through 19,116.060 preferential parking zones (11.27) regarding property maintenance, 18-2177 Amends §§ 19.12.030, 19.16.010, and j administration, accessory dwelling 20.04.040 regarding adoption and units, definitions, agricultural and implementation of Vallco Town Center Specific Plan(19.12, 19.16, 20.04) 2020 S-75 Cupertino- Comprehensive Ordinance List 46 Ord. No. Ord. No. 18-2178 Rezone (Special) 19-2191 Amends Ch. 19.80, planned unit 18-2179 Approves development agreement development(PUD)zones, (19.80) between city and Vallco Property 19-2192 Amends Ch. 13.08 and 19.24, park Owner, LLC (Special) (Repealed by land dedications and fees in lieu 19-2184) thereof(13.08, 19.24) 18-2180 Repeals § 2,40,030 and amends 19-2194 An interim emergency ordinance §§ 2.32.020, 2.32.060, 2.36.020, Approving just cause eviction 2.36.070, 2.36.080, 2.60.020, protections and rental rate limits (Not 2.60.060, 2.68.020, 2.68.060, Codified) i 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) 19-2186 Approving development agreement for a new hotel located at 10801 and 10805 North Wolfe Road(Special) 19-2187 Amends §§ 19.12.030, 19.16.010, 19,16.030, 19.16.060, and 19.80.030 regarding P(R3,CG)mixed use planned development and removing references to Vallco Town Center Specific Plan (19,12, 19.16, 19.80) 19-2188 Rezoning certain land(Not Codified) 19-2189 Repeals and replaces Ch. 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, §§ 16.58.010, 16.58.015, 16.58.040 and 16.58.100; adds Ch. 16.62, 16.64, 16.68, California building codes (16,02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, 16.58, 16.62, 16.64, 16.68) 19-2190 Adds Ch. 5.50; repeals Ch. 10.27, R regulating sale of tobacco products ., (5.50, 10.27) 2020 S-75 6A Index BUILDING CODE See also EXISTING BUILDING CODE See also HISTORICAL BUILDING CODE Administrative Code adoption of the 2019 California Building Code, Volume 1, based on the 2018 International Building Code, Volume 1 16.02.010 Board of Appeals 16.02.110 certificate of occupancy 16.02.100 definitions 16.02.020 duties and powers of Building Official 16.02.040 fees 16.02.080 inspections 16.02.090 permits 16.02.050 purpose 16.02.015 responsibility of permittee 16.02.070 scope 16.02.030 stop work order 16.02.130 submittal documents 16.02.060 violations 16.02.120 Address identification 16.04.050 Adoption of 2019 California Building Code, Volumes 1 and 2, based on the 2018 International Building Code, Volumes 1 and 2 16.04.010 ` Adoption of appendix chapters 16.04.015 Concrete 16.04.100 Materials and construction methods for exterior wildfire exposure 16.04.040 Roof assemblies and rooftop structures 16.04.060 Special inspection and tests 16.04.080 Swimming pool enclosures and safety devices 16.04,140 I 2020 S-75 Cupertino - Index 6B 7 Index BUILDING CONSERVATION CODE Transfer 5.04.150 Adopted 16.60.010 Violation, penalty Name insertion 16.60.020 generally 5.04.500 remedies cumulative 5.04.510 BUILDING MATERIAL YARD Business license --C -- See also BUSINESS LICENSE fee 5.04.350 CABLE TELEVISION ADVISORY COMMITTEE See TELECOMMUNICATIONS COMMISSION BUSINESS LICENSE Adjustments, interstate commerce 5.04.100 CABLE AND VIDEO SERVICES Appeal 5.04.480 Audit authority 6.28.060 City council powers, duties 5.04.060 Customer service requirement 6.28.070 Collector powers, duties 5.04.070 Franchise fee and PEG fee 6.28.050 Deemed debt to city 5.04.240 Franchise required 6.28.030 Definitions 5.04.030 Grant of authority 6.28.030 Duplicate 5.04.170 Intent and purpose 6.28.020 Effect of provisions 5.04.490 Police power 6.28.040 Evidence of doing business 5.04.090 Short title 6.28,010 Exemption Use of streets 6.28.080 application 5.04.t20 generally 5.04.110 CAFETERIA Imposed 5.04.280 See RESTAURANT Interest, penalties 5.04.250 Interpretation of provisions 5.04.050 CALIFORNIA WATER SERVICE Issuance, expiration 5.04.210 See FRANCHISE Overpayment refund 5.04.230 Payment due when 5.04.200 CAT Posting, display required 5.04.140 See ANIMAL Purpose of provisions 5.04.020 Reclassification 5.04,470 CIGARETTES Renewal 5.04,160 See TOBACCO PRODUCTS; REGULATING Required 5.04.080 THE SALE OF Revocation 5.04.120 Separate businesses, same location, separate CIRCULAR licenses required 5.04.130 See ADVERTISEMENT Statements deemed not conclusive, CIRCUS confidentiality 5.04.260 Business license extension for filing 5.04,270 See also BUSINESS LICENSE failure to file 5.04.190 fee 5.04.340 verification, audit 5.04.180 Tax increase, automatic, consumer price index CITY 5.04.460 Officials Terminology of provisions 5.04.040 See Specific Officer Title of provisions 5.04.010 2020 S-75 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 CODE ENFORCEMENT OFFICER Appointment 2.20.100 City seal custodian 2.20.050 Inspection, right of entry INSPECTION Conflict of interest 2.64.020 See \ i Construction prohibition appeal notice 10.48.060 Office created 2.30.010 Warrantless arrest authority 2.30.020 2019 S-73 9 Index COFFEE SHOP Bingo license fee 5.32.280 See RESTAURANT Business license powers, duties 5.04.060 Call for Council review 2.08.145 COMMISSION, CITY Child care expense reimbursement, See Specific Commission when granted 2.72.010 Communications 2.08.100 COMMUNICATION WITH CITY OFFICIALS Contract bid award 3.24.080 Public building, prohibited acts Document signature authority 2.08.135 designated 10.10.020 Election Right designated 10.10.010 See also Campaign finance Violation, penalty 10.10.030 generally 2.04.005 False alarm hearing duties 10.26.120 COMMUNITY DEVELOPMENT DEPARTMENT Manager, city See DEPARTMENTAL ORGANIZATION appointment 2.28.010 suspension, removal 2.28.090 COMMUNITY DEVELOPMENT DIRECTOR Meeting Parade and athletic event administrative discussion procedure 2.08.130 authority 10.44.030 emergency 2.04.025 order of business 2.08.090 CONCERT place 2.04.030 Business license presentation method 2.08.080 See also BUSINESS LICENSE protests 2.08.120 fee 5.04.340 reconsideration motions 2.08.095 CONSTRUCTION TAX petitions 2.08.096 Adjustment 3.32.045 regular 2.04.010 Definitions 3.32.020 special 2.04.020 Exceptions 3.32.070 violation, penalty 2.08.140 Imposition 3.32.030 Municipal employee relations officer Payment appointment 2.52.320 place 3.32.060 Nuisance abatement hearing 1.09.070 time 3.32.050 Officer, official body reports 2.08.110 Purpose, intent 3.32.010 Parade, athletic event permit appeal Rates 3.32.040 hearing 10.44.140 Refunds 3.32,050 Permit parking time determination 11.27.130 Revenue use 3.32.080 Personnel authority 2.52.090 Petition CONTRACTOR definitions 2.08.030 Business license exception 2.08.070 See also BUSINESS LICENSE hearing notice 2.08.040 fee 5.04.370 Public safety commission appointment 2.60.010 Reimbursement 2.16.030 COUNCIL, CITY Robert's Rules of Order adopted 2.08.020 Abandoned vehicle, hearing 11.04.070 Rules adopted 2.08.010 Bicycle, fee allocation 11.08.130 Salary amount, effective date 2.16.020 statutory basis 2.16.010 2014 S-46 Cupertino -Index 10 Storm drainage service charge Purpose of provisions 2.90.020 adjustment authority 3.36.160 Records 2.90.080 collection duties 3.36.080 Terms of office 2.90.030 review duties 3.36.050 Vacancy, removal 2.90.040 Technology, information, and communications commission DISASTER COUNCIL appointment 2.74.010 Definitions 2.40.020 vacancy filling 2.74.030 Director of emergency services Term limits 2.04.050 created 2.40.050 Transient occupancy tax appeal hearing powers, duties 2.40.060 determination 3.12.100 Emergency organization Vacancy filling 2.04.040 membership 2.40.070 Water charge appeal hearing 15.12.100 structure, duties, functions 2.40.080 Weed abatement Expenditures 2.40.100 assessment, hearing 9.08.090 Mutual aid provided 2.40.090 authority 9.08.060 Powers, duties 2.40.040 hearing, decision, action 9.08.050 Purposes 2.40.010 resolution 9.08.020 Violation,penalty 2.40.110 CRUISING DOCUMENTARY STAMP TAX See TRAFFIC Administration, authority 3.04,090 Exemptions 3,04.040 CUPERTINO GARBAGE COMPANY Imposition, rate 3.04.020 See GARBAGE Payment responsibility 3.04.030 Refund claim, authority 3.04.100 CURFEW Short title, authority 3.04.010 f Definitions 10.68.010 Exceptions 10.68.030 DOG See ANIMAL Violation penalty 10.68.050 prohibited acts 10.68.020 --E-- --D -- EARTHQUAKE See TOXIC GASES DEFECATION See URINATION, DEFECATION ELECTIONS, MUNICIPAL See COUNCIL, CITY DEPARTMENTAL ORGANIZATION Authority of Director of Public Works and City ELECTRICAL CODE Engineer to approve plans and designs 2.48.040 Adoption of 2019 California Electrical Code based Divisions, designated 2.48.020 on the 2017 National Electrical Code Manager authority 2.48.030 16.16.010 Purpose 2.48.010 Adoption of appendix chapters 16.16.015 Definitions 16.16.020 DESIGN REVIEW COMMITTEE Electrical work, 16.16.030 Chairperson 2.90.050 Fee schedule 16.16.040 Construction of provisions 2.90.110 Interpretation 16.16.050 Established 2.90.010 Maintenance program 16.16.060 Licensed architect 2.90.070 Meetings, quorum 2.90.060 EMERGENCY Powers, functions 2.90.090 See DISASTER COUNCIL Procedural rules 2.90.100 2020 S-75 11 Index EMPLOYEE, CITY EXCAVATION, GRADING, RETAINING WALLS See also Specific Employee Appeals 16.08.265 Communication with public Bond requirements 16.08.150 See COMMUNICATION WITH CITY Civil engineer grading supervision 16.08.230 See OFFICIALS Definitions 16.08.020 General personnel policies Engineering geological reports 16.08.120 See PERSONNEL Fees 16.08.160 3 Grading EMPLOYEES' RETIREMENT SYSTEM See also Specific Type or Phase See PERSONNEL emergency permit issuance 16.08.185 supervision 16.08.230 ENERGY CODE Inspections 16.08.250 Adoption of 2019 California Energy Code Interim plan 16.08.110 16.54.010 Limitations of provisions 16.08.040 Modifications 16.08.240 ENCROACHMENTS Permit See STREETS AND SIDEWALKS application contents 16.08.080 approval conditions 16.08.190 ENGINEER, CITY denial 16.08.180 Encroachment permit issuance 14.08.050 design standards 16.08.200 Preliminary soil report approval 16.12.050 emergencies 16.08.185 Truck route signing 11.32.020 exemptions categorical 16.08.070 ENVIRONMENTAL PROTECTION generally 16.08.060 CEQA guidelines adopted 2.84.090 issuance conditions 16.08.170 limitations, conditions 16.08.210 ENVIRONMENTAL REVIEW COMMITTEE permittee responsibility 16.08.220 Appeals 2.84.100 revocation 16.08.280 Chairperson 2.84.030 suspension 16.08.270 City powers not restricted 2.84.120 Permittee responsibility 16.08.220 Compensation, expense reimbursement 2.84.050 Purpose of provisions 16.08.010 Environmental assessment fee 2.84.110 Scope 16.08.050 Established, composition 2.84.010 Severability 16.08.030 Meetings Site map, grading plan required 16.08.100 majority vote 2.84.060 Soils engineering reports 16.08.130 quorum 2.84.040 Title of chapter 16.08.000 Office, term 2.84.020 Violation Powers, duties 2.84.080 penalties designated 16.08.290 Record of proceedings 2,84.070 remedies deemed cumulative 16.08.300 Work EQUIPMENT, SURPLUS, SALE completion notice, report 16,08.260 Auction schedule required 16.08.140 bidding, payment 3.25.060 required 3.25.050 EXPLOSIVES Between agencies 3.25.080 Disposal 6.24.100 Centralization required 3.25.030 Permit Notice 3.25.040 issuance 10.20.020 Officer designated, powers, duties required, application 10.20.010 generally 3.25.020 Storage 10.20.030 Open market, when 3.25.070 Violation, penalty 10.20.040 System adopted 3.25.010 To officer, employee of city, restrictions 3.25.090 I Transfer to charity, public agency 3.25.100 2020 S-75 Cupertino -Index 12 --F-- FIRE CHIEF Bingo license applicant investigation 5.32.220 FALSE ALARM See ALARM FIRE CODE Administration 16.40,020 FAMILY CARE HOME Adoption of 2019 California Fire Code and 2018 Business license International Fire Code 16.40.010 See also BUSINESS LICENSE Adoption of Appendix Chapters 16.40.015 fee 5.04.410 Building services and systems 16.40.100 Construction requirements for existing buildings FENCE 16.40.160 See ZONING Decorative vegetation in new and existing buildings 16.40.120 FINANCE Definitions 16.40.040 See PURCHASING Explosives and fireworks 16.40.240 Fire protection and life safety systems FINANCE DIRECTOR 16.40.140 Purchasing officer, designation, duties Fire safety during construction and demolition See PURCHASING OFFICER 16,40.180 Storm drainage service charge Fire service features 16.40.080 bill correction authority 3.36.150 Flammable and combustible liquids 16.40.260 collection duties Flammable gases and cryogenic fluids 16.40.280 balance payments 3.36.090 General requirements 16.40.060 generally 3.36.080 Hazardous materials—general provisions 16.40.220 omitted charges 3.36.100 Highly toxic and toxic materials 16.40.300 premises inspection authority 3.36.190 Liquified petroleum gases 16.40.320 Pyrophoric materials 16.40.340 FINANCE OFFICER Toxic and highly toxic materials 16.40.300 Alarm systems Wildland-Urban Interface Fire Areas, administration and enforcement 10.26.100 requirements for 16.40.200 appeals hearing 10.26.120 FIREARM FINE ARTS ACTIVITIES Permit required 10.76.010 Regulations generally 2.80.080 Violation, penalty 10.76.020 FINE ARTS COMMISSION Compensation, expenses 2.80.090 Effect of provisions 2.80.100 Established, appointment, composition 2.80.010 Meetings generally 2.80.050 quorum 2.80.050 voting, requirements 2.80.060 Members appointment, composition 2.80.010 terms of office 2.80.020 vacancy filling, removal procedures 2.80.030 Officers 2.80.040 Powers, duties generally 2.80.080 Records 2.80.070 FIRE See FIRE CODE ,. See SMOKING 2020 S-75 13 Index FIRE MARSHAL, COUNTY FOOD ESTABLISHMENT Weed abatement See RESTAURANT assessment collection authority 9.08.100 FRANCHISE hearing, submittal of record 9.08.090 Cable television notice distribution 9.08.080 See CABLE AND VIDEO SERVICES recordkeeping duty 9.08.070 California water service duty 9.08.060 designated 6.16.010 notice mailing 9.08.040 gross annual receipts, percentage payment to city 6.16.050 FIREWORKS maintenance Definitions 10.24.010 notice 6.16.020 Exceptions 10,24.030 required 6.16.030 Prohibitions 10.24.020 term 6.16.040 Violation, penalty 10.24.080 Cupertino garbage company See GARBAGE FLOOD DAMAGE PREVENTION Electricity Abrogation and greater restrictions 16.52.014 definitions 6.08.010 Anchoring 16.52.041 designated 6.08.020 Appeal, variance granting authority 6,08.070 Appeal Board 16.52.062 gross receipts variance conditions 16,52.061 percentage payment to city 6.08.050 Appeals, generally 16.52.030 total, report required 6.08.060 Applicability of provisions 16.52.011 maintenance requirements 6.08.030 Basis for establishing the areas of special flood term 6.08.040 I hazard 16.52.012 Garbage Compliance 16.52.013 See GARBAGE Construction Gas materials and methods 16.52.042 definitions 6.12.010 { standards 16.52.040 designated 6.12.020 Definitions 16.52.010 granting authority 6.12.070 Development permit 16.52.022 gross receipts Elevation and floodproofing 16.52.043 percentage payment to city 6.12.050 Floodplain Administrator total, report required 6.12.060 designation of 16.52.020 maintenance requirements 6.12.030 duties and responsibilities of 16.52.021 term 6.12.040 Floodway restrictions 16.52.055 C Interpretation 16.52.015 Liability disclaimer 16.52.016 Manufactured homes, standards for 16.52.053 Recreational vehicles, standards for 16.52.054 Statutory authorization 16.52.001 Subdivisions and other proposed development, standards for 16.52.045 Utilities, standards for 16.52.044 Variances Appeal Board 16.52.062 conditions for 16.52.061 Warning and disclaimer of liability 16.52.016 2016 S-59 Cupertino - Index 14 Pacific Gas and Electric Company franchise See Electricity grant, scope, authority 6.24.120 See Gas interference prohibited 6.24.210 San Jose waterworks mandatory, owner responsibilities designated 6.20.010 6.24.030 gross annual receipts, percentage payment to unauthorized use prohibited city 6.20.050 6.24.220 maintenance Container notice 6.20.020 inappropriate, additional charges when required 6.20.030 6.24.080 term 6.20.040 standards, use regulations 6.24.070 Water Definitions 6.24.020 See California water service Delinquent account See San Jose waterworks collection, procedure 6.24.180 notification 6.24.170 FUND Disposal Investment 2.24.050 explosive, hazardous materials 6.24.100 Special gas tax street improvement frequency 6.24.050 See SPECIAL GAS TAX STREET methods designated 6.24.060 IMPROVEMENT FUND unauthorized 6.24.110 Franchise G__ See Collection service Recycling GARAGE, PATIO SALE mandatory non-organic recycling for businesses Definitions 5.16.020 6.24.035 Enforcement 5.16.060 mandatory organic recycling for business Findings 5.16.010 structures 6.24.037 Goods display 5.16.050 mandatory solid waste collection service, Limitation 5.16.030 exemption procedures 6.24.031 Sign Purpose of provisions 6.24.010 See also SIGN Recycling center, operation,use 6.24.190 regulations generally 19.104.250 Violation, penalty 6.24.240 restrictions 5.16.040 Violation GAS penalty 5.16.070 See FRANCHISE presumption 5.16.041 TOXIC GASES GARBAGE GENERAL PENALTY Administration, enforcement, regulations adoption See PENALTY, GENERAL 6.24.230 Burning, restrictions 6.24.090 GENERAL PLAN Collection See LAND DEVELOPMENT PLANNING See also Specific Subject unauthorized,prohibited 6.24.200 GOAT Collection service charges See ANIMAL See also Delinquent account mandatory, owner responsibilities GRADING establishment, collection 6.24.150 See EXCAVATION failure to pay, effect 6.24.160 commencement, time limits 6.24.040 2020 S-75 15 Index GRAFFITI Conflict with other laws 9.12.133 Abatement Containment 9.12.030 generally 10.60.050 Definitions 9,12.013 procedure 10.60.060 Duties discretionary 9.12.132 stayed during prosecution 10.60.070 Effective date 9.12.140 Definitions 10.60.030 Emergency equipment 9.12.038 Nuisance declared 10.60.020 Emergency procedures Prohibited 10.60.040 See also Emergency response plan Purpose of provisions 10.60.010 posting 9.12.039 Remedies cumulative 10,60.080 Emergency response plan Violation, penalty 10,60.090 See also Emergency procedures hazardous materials defined 9.12.043 GREEN BUILDING STANDARDS CODE required, requirements 9.12.043 Adoption of 2019 California Green Building Exclusions 9.12.021 Standards Code, 16.58.010 Existing storage facility requirements 9.12.032 Adoption of Appendix Chapters 16.58.015 Fences, locks required 9.12.037 Local amendments 16,58.040 Guidelines 9.12.131 Section A4.106.8-Amended 16.58.400 Handling 9.12.036 Section A5.106.5.3-Amended 16.58.420 Hazardous materials management plan Section 101.1-Amended 16.58.050 required 9.12.040 Section 101.3-Amended 16.58.070 short form 9.12.042 Section 101.10-Amended 16.58.100 standard form 9.12.041 Section 101.10.1-Added 16.58.110 Hearing Section 101.10.1.1-Added 16.58.120 notices 9.12.111 Section 101.10.1.1.1-Added 16.58.130 rules 9.12.110 Section 10 1.10.1.1.2-Added 16.58.140 Inspection Section 10 1.10.1.1.3-Added 16,58.150 by city 9.12.070 Section 10 1.10.1.1.4-Added 16.58.160 by permittee 9.12.071 Section 101.10.1.1.5-Added 16.58.170 special 9,12.072 Section 10 1.10.1.1.6-Added 16.58.180 substituted 9.12.073 Section 10 1.10.1.1.7-Added 16,58.190 Inventory statement Section 10 1.10.1.1.8-Added 16.58.200 information required 9.12.051 Section 10 1.10.1.1.9-Added 16.58.210 public record 9.12.053 Section 101.10.2-Added 16.58.230 required 9.12.050 Section 102.3-Amended 16.58.240 Liability disclaimer 9.12.130 Section 102.3.1-Added 16.58.260 Maintenance, repair, replacement of facilities Section 202-Amended 16.58.280 9.12.035 Section 303.1.1-Amended 16.58.290 New storage facility requirements 9.12.031 Section 4.304.1.1-Amended 16.58.300 Out-of-service storage facility requirements Section 5.304.1.1-Added 16.58.310 9.12.033 Table 101.10-Added 16.58.220 Permit additional approvals 9.12.085 GUN appeal See FIREARM disposition 9.12.095 hearing 9.12.094 H __ time limit 9.12.093 application 9.12.081 HANDBILLING approval 9.12.083 See ADVERTISING denial authority 9.12.090 HAZARDOUS MATERIALS STORAGE decision transmittal 9.12.092 See also FIRE CODE determination 9.12.088 TOXIC GASES effective date, term 9.12.086 Compliance time table 9.12.141 fees 9.12.089 2020 S-75 Cupertino -Index 16 grounds 9,12.091 risk assessment 9.20.160 investigation 9.12.082 siting criteria,proof of compliance issuance 9.12.084 9.20.200 renewal 9.12.087 Definitions 9.20.030 required 9.12.012, 9.12.080 Dispute resolution 9.20.260 Professional assistance for city determinations Hearing 9.12.014 See also Land use application Purpose of provisions 9.12.010 notice 9.20.280 Records maintenance 9.12.074 Land use application Regulated materials designated 9.12.020 appeal 9.20.130 Remedial action decision 9.20.120 authority after permit suspension, revocation, environmental assessment 9.20.100 expiration 9.12,106 hearing 9.20.110 decision transmittal 9.12.105 local assessment committee review 9.20.090 designated 9,12.104 required, fees 9.20.080 grounds 9.i2.100 Local assessment committee hearing appointment 9.20.230 notice 9.12.102 funding by applicant 9.20.250 permit suspension prior to 9.12,103 powers, duties 9,20.240 noncompliance notice 9.12.101 termination 9.20.270 return of permit 9.12.107 Permit use 9.20,300 Safety, car generally 9.12.011 Purpose of provisions 9.20.010 Unauthorized discharge Violation, penalty 9.20.310 cleanup 9.12.061 indemnification 9.12.062 HEALTH OFFICER reporting 9.12.060 Bingo license applicant investigation 5.32.220 f Underground tank 9.12.022 Restaurant Violation food, unwholesome, destruction authority civil action for retaliation 9.12.122 9.04.100 civil penalty 9.12.121 permit criminal penalty 9.12.120 denial 9.04.050 remedies not exclusive 9.12.123 inspection, issuance 9.04.030 rules, regulations adoption 9.04.080 HAZARDOUS WASTE FACILITY Sewer provisions enforcement 15.20.080 Applicability of provisions 9.20.020 HEATING, COOLING CODE Application compliance requirements 9.20.290 See MECHANICAL CODE consistency requirements general plan 9.20,060 HISTORIC BUILDING overall continuity 9.20.220 Seismic safety generally 9.20.040 See UNREINFORCED MASONRY hearing 9.20.070 BUILDINGS land use See Land use application HISTORICAL BUILDING CODE notice on intent 9.20.050 Adoption of 2019 California Historical Building requirements Code 16.62.010 closure plan 9.20.180 emergency plan 9.20.170 HOME OCCUPATION generally 9.20.140 Business license health, safety assessment 9.20.150 See also BUSINESS LICENSE hearing notification list 9.20.210 fee 5.04.380 monitoring plan 9.20.190 2020 S-75 17 Index Penalties 14,15.180 Animal control Prescriptive compliance option, 14.15.040 administrative authority 8.01.040 Public education 14.15.160 seizure hearing 8.06.040 Recycled water 14.15.090 Approved street tree enforcement 14.16.080 Soil analysis 14.15.080 Bicycle Water budget calculation 14.15.070 enforcement 11.08.030 Water-efficient design element 14.15.060 lanes designation 11.08.250 license issuance 11.08.040 LIBRARY COMMISSION Bingo license Compensation 2.68.050 applicant investigation 5.32.210, 5.32.220 Duties, powers, responsibilities 2.68.070 approval 5.32.240 Effect 2.68.080 denial 5.32.250 Established 2.68.010 Bingo, provisions administration 5.32.170 Meetings, quorum 2.68.040 Clerk, city, appointment 2.2.0.100 Records 2.68.060 Commission meetings, attendance 2.28.060 Terms of office 2.68.020 Compensation, reimbursement 2.28.080 Vacancy, removal 2.68.030 Created 2.28.010 Departmental organization authority 2.48.030 LICENSE Director of emergency services 2.40.050 See also PERMIT Eligibility, bond 2.28.030 Bicycle 11.08.020 Garage,patio sale enforcement authority 5.16.060 Bingo 5.32.190, 5.32.270 Grocery store enforcement authority 5.36.060 Business Park and/or building permit issuance 13.04.040 See BUSINESS LICENSE Parks administration 13.04.220 Cat 8.08.350 Pedestrian regulations administration 11.09.020 Commercial advertising 10.52.060 Powers, duties 2.28.040 Dog 8.08.260 Relations with council 2.28.050 Sales and use tax, alternate, collection 3,09.050 LIQUOR Solicitor Alcoholic beverages, gasoline concurrent sales administrative authority 5.20.100 appeals 19.132.070 identification permit applicability of provisions 19.132.020 application investigation 5.20.020 conditional use permit revocation, duties 5.20.070 findings, basis 19.132,050 Street tree enforcement 14.12.040 grant criteria 19.132.030 Surplus sales officer duties 3.25.020 hearing 19.132.040 Suspension, removal, resignation 2.28.090 purpose of provisions 19.132.010 Taxicab driver license suspension, restrictions generally 19.132.060 revocation 5.28.180 Consumption, open container possession Temporary absence, replacement 2.28.070 prohibitions 10.49.010 Traffic Violation, penalty 10.49.020 speed limit signing 11.12.040 stop intersection signing 11.20.040 LOADING ZONES Water See PARKING department duties 15.12.090 provisions enforcement 15,12.050 - M - MARIJUANA 19.98.010 MANAGER, CITY Abandoned, inoperative vehicle enforcement 11.04.040 removal authority 11.04.061 storage notice 11.04.130 2018 S-70 Cupertino-Index 18 MARIJUANA, MEDICINAL AND ADULT USE OF MAYOR Commercial marijuana activities 10.84.030 Employees' retirement system execution 2.56.020 Definitions 10.84.020 Enforcement, remedies and declaration of public MECHANICAL CODE nuisance 10.84.050 Adoption of 2019 Mechanical Code based on the Possession, delivery, distribution, and indoor 2018 Uniform Mechanical Code 16.24.010 cultivation of marijuana 10.84.040 Adoption of appendix chapters 16.24.015 Purpose 10.84.010 Name insertion 16.24.020 MASSAGE ESTABLISHMENTS, SERVICES MEDICINAL MARIJUANA Conditions of premises 9.06.196 Commercial marijuana activities 10.84.030 Definitions 9.06.020 Definitions 10.84.020 Exemptions from provisions 9.06.030 Enforcement, remedies and declaration of public Inspection of premises 9.06.230 nuisance 10.84.050 License, permit Possession, delivery, distribution, and indoor See also MTO certificate, Permit cultivation of marijuana 10.84.040 application 9.06.050 Purpose 10,84.010 documentation 9.06.055 fee 9.06.060 MINIMUM WAGE grounds for denial 9.06.070 Application of minimum wage to welfare-to-work expiration and renewal 9.06.065 programs 3.37.110 required 9.06.040, 9.06.041 Authority 3.37.020 suspension or revocation Definitions 3.37.030 appeals 9.06.220 Enforcement 3.37.090 grounds 9,06.200 Fees 3.37.120 hearing 9.06.210 Implementation 3.37.080 Minimum wage 3.37.040 f/ notice 9.06.210 g MTO certificate Notice, posting and payroll records 3.37.060 See also License, permit, Permit Relationship to other requirements 3.37.100 required 09.06.041 Retaliation prohibited 3.37.070 Operating requirements 9.06.193 Title 3.37.010 Permit Waiver through collective bargaining 3.37.050 See also License, permit, MTO certificate massage establishment employees MINOR permit requirements 9.06.080 See BINGO massage therapist CURFEW annual medical examination 9.06.160 criteria 9.06.110 MOBILE VENDORS practical examination 9.06.120 See VENDORS, MOBILE outcall massage application 9.06.180 MOSQUITOES criteria 9.06.190 Abatement Prohibited acts 9.06.198 by city when 9.16.080 Purpose of provisions 9.06.010 cost Sanitary conditions 9.06.196 See also Lien Violation payment by owner 9.16.090 continuing 9.06.260 notice alternative remedies 9.06.260 contents 9.16.050 penalty 9.06.250 when 9.16.040 public nuisance 9.06.240 Breeding places declared nuisance 9.16.020 2020 S-75 21 Index See Private street private street where 11.24.180 See Private street Handicapped street cleaning, repair 11.24.230 marking 11.24.110 where 11.24.060, 11.24.150 off-street, regulations generally 11.24.190 Provisions effect limited 11,24.020 private street Sale of merchandise, prohibited where 11.28.050 See Private street Scope of provisions 11.24.010 Impoundment when, authority 11.24.200 Servicing or repair prohibited, Loading zones exception 11.24.140 authority 11.24.080 Seventy-two hour limit 11.24.130 marking 11.24.090 Space marking 11.24.070 passenger, marking 11.24.100 Temporary permits 11.24.220 private street Time limits, where 11.24.170 See Private street Violation, penalty 11.24.210, 11.28.060 Parkway, prohibited on 11.24.120 Permit PARK AND RECREATION FACILITIES application 11.27.100 ACQUISITION AND MAINTENANCE FUND definitions 11.27,020 Created, purpose, use 14.05.100 description 11.27.030 display 11.27.080 PARK LAND DEDICATION FEE established 11,27.010 Applicability 13.08.030 exceptions 11.27.090 Combination of park land dedication and hours 11.27.130 fee 13.08.070 issuance Credit for existing dwelling units 13.08.090 designated groups 11.27,050 Credit for private recreation or open guest 11.27.060 space 13.08.080 resident 11.27.050 Definitions 13.08.020 posting 11.27.040 Exceptions and credits 13.08.040 replacement 11.27.120 Fees in lieu of park land dedication 13.08.060 restriction 11.27.070 General procedures 13.08.110 revocation 11.27.140 Park land dedication 13.08.050 validity 11.27.110 Purpose 13.08.010 violation, penalty 11.27.150 zones designated 11.27.145 PARKS, CITY Private street See also PARK AND RECREATION curb markings, signs 11.26.040 COMMISSION definitions 11.26.030 Acquisition, maintenance fees diagonal 11.26.120 amount, determination 14.05.070 handicapped parking space 11.26.100 appeals 14.05.090 loading zone applicability of provisions 14.05.020 { establishment authority 11.26.070 conformance requirements 14.05.120 marking 11.26.080 credits 14.05.050 passenger 11.26.090 definitions 14.05.010 parking space determination 14.05.060 i G See also handicapped parking exceptions 14.05.080 space marking 11.26.060 pending building permit, provisions not prohibited where 11.26.110 applicable when 14.05.125 purpose of provisions 11.26.010 purpose, intent of provisions 14.05.030 removal of vehicle sign specification required when, requirements 11.26.140 generally 14.05.040 scope 11.26.020 review, purpose 14.05.110 sign obedience required 11.26.050 use, restrictions 14.05.100 I violation, penalty 11.26.130 Administrative authority 13.04.220 Prohibited Advertising, sale restrictions 13.04.180 certain hours, where 11.24.160 Behavior in, requirements 13.04.130 2020 5-75 Cupertino-Index 22 Closing hours PERMIT prohibitions 13.04.190 See also BUSINESS LICENSE vehicles towed when 13.04.191 Advertisement, handbill distribution 10.52.030 Compliance required 13.04.030 Alcoholic beverages, gasoline concurrent Dedication sales 5.44.030 See SUBDIVISION Animal Definitions 13.04.020 dangerous, vicious 8.08.085, 8.08.460 Enforcement authority 13.04.230 establishment 8.08.380 Lost article report 13.04.210 vicious 8.08.085, 8.08.460 Nature, rural preserve Encroachment 14.08.020 designation 13,04.201 Explosives 10.20.010 regulations generally 13.04.202 Firearm 10.76.010 Permit Grading 16.08.030 Moving buildings 16.36.020 appeal 13.04.080 application 13.04.050 Newsrack 10.21.080 contents 13.04.060 Off-street vehicle 11.10.011 fees, deposit 13.04.090 Parade 10.44.030 granting, denial 13.04.070 Park, building 13.04.140 liability 13.04.100 Parking required 13.04.040 See PARKING revocation 13.04,110 Private patrol 5.24.020 Picnic area, use restrictions 13.04.170 Restaurant, food establishment 9.04.020 Property, use restrictions 13.04.120 Sign 19.104.030 Purpose 13.04.010 Solicitor identification 5.20.030 Sanitation requirements 13.04.140 Streamside modification 9.19.030 Section closure when 13.04.200 Taxicab Swimming restrictions 13.04.160 driver 5.28.160 Vehicle requirements 13.04.150 operation 5.28.060 Violation, penalty 13,04.240 Temporary parking 11.24.220 Trees PATIO SALE prohibited acts 14.12.080 See GARAGE, PATIO SALE Watercourse, discharge into, NPDES permit 9.18.080 PEDESTRIANS Water system connection 15.12.080 Administration 11.09.020 Adult school crossing guards PERSONNEL obedience to, required 11.09.060 Accruals credits, retained 2.52.080 positioning 11.09.050 Authority Defined 11.09.010 city manager 2.52.100 School zones—prohibited vehicles 11.32.055 council 2.52.090 Violation, penalty 11.09.090 Child care expense reimbursement, granted specified officers 2.72.010 PEDDLER City Business license rights 2.52.310 See also BUSINESS LICENSE Communication with fee 5,04.400 See COMMUNICATION WITH CITY See OFFICIALS PENALTY Council, rights, powers 2.52.350 Code violation 1.12.010 Definitions 2.52.290 Nuisance abatement 1.12.030 Employee organization Separate offense 1.12.020 appropriate unit determination 2.52.470 formal recognition petition 2.52.450 PERFORMANCE representative determination 2.52.480 Business license rights 2.52.300 See also BUSINESS LICENSE fee 5.04.340 2016 S-59 23 Index Employer-employee relations 2.52.280 Meetings Employment continuation 2.52.490 amendments, records 2.32.060 Federal, state, city laws, authority 2.52.340 procedure 2.32.050 Grievance processing procedure 2.52.420 Member Impasse procedures 2.52.410 terms of office 2.32.020 Jurisdiction A vacancy, removal 2.32.030 classification plan Powers, functions 2.32.070 provisions included 2.52.160 Procedural rules 2.32.080 purpose 2.52.140 scope of coverage, adoption PLANNING DIRECTOR 2.52.150 Bingo license applicant investigation 5.32.220 pay plan 2.52,180 Jurisdiction B PLUMBING CODE provisions included 2.52.240 Adoption of 2019 California Plumbing Code based purpose 2.52.220 on the 2018 Uniform Plumbing Code scope of coverage, adopted 2.52.230 16.20.010 Jurisdiction C Adoption of appendix chapters 16.20,015 provisions included 2.52.270 Name insertion 16.20.020 purpose 2.52.250 scope of coverage, adopted 2.52.260 POLICE Jurisdictions See SHERIFF designated 2.52.040 exclusions 2.52.050 POLICE ALARM exemptions 2.52.060 See ALARM Legislative intent 2.52.030 Meet and confer in good faith POLLUTION advance notice required 2.52.440 See WATERCOURSE POLLUTION exclusions 2.52.400 PREVENTION memorandum of understanding 2.52.430 scope 2.52.380 POLYSTYRENE FOAM SERVICE WARE Municipal employee relations officer Administrative citation and fine 9.15.130 designated 2.52.320 Definitions 9.15.100 Purpose 2.52.010 Prohibited 9.15.110 Repeal of prior provisions 2.52.070 Exemptions 9.15.120 Retirement Severability 9.15.140 See Specific Subject See Purpose PRELIMINARY SOIL REPORT Rules, regulations See BUILDING adoption 2.52.330 adoption, effectiveness 2.52.130 PRIVATE SCHOOL scope, applicability 2.52.120 Business license State law applicability 2.52.370 See also BUSINESS LICENSE System adopted 2.52.020 fee 5.04.420 Written agreements, effect 2.52.360 PROPERTY MAINTENANCE PISTOL City powers 9.22.040 See FIREARM Franchise Tax Board, notice 9.22.050 Penalties 9.22.030 PLANNING COMMISSION Prohibited acts 9.22.020 Chairman, election 2.32.040 Purpose of provisions 9.22.010 Established 2.32.010 2020 S-75 Cupertino -Index 24 PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030 ` REQUIREMENTS Contract See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS PRIVATE DEVELOPMENTS bid, award procedures 3.22.060 Definitions 3.22.020 PUBLIC SAFETY COMMISSION Exemptions Compensation, expenses 2.60.050 See Public agencies, exemptions when Duties, responsibilities 2.60.070 Funds availability required 3.22.050 Effect 2.60.080 Public agencies, exemptions when 3.22.070 Established 2.60.010 Purchase order, request, petty cash j Meetings, quorum, officers, staff 2.60.040 required 3.22.040 Members Purpose of provisions 3,22.010 terms of office 2.60.020 vacancy removal 2.60.030 PURCHASING OFFICER Records 2.60.060 Contract award authority 3.22.060 . Designated 3.22.020 PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030 Award, criteria lowest bid rejection, effect 3.23.100 -- Q-- lowest responsible bidder 3.23.070 Bid QUARANTINE competitive, required when 3.23.030 See ANIMAL exempt activities designated 3.23.130 informal procedure when 3.23.120 --R-- invitation, notice, contents 3.23.040 opening, procedure 3.23.060 RECORDER, COUNTY presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090 rejection, identical, absence, effect 3.23.110 RECYCLING AND DIVERSION OF CONSTRUCTION Bond requirements 3.23.140 Definitions 3.23.020 AND DEMOLITION WASTE Administrative fee, 16.72.060 Lowest responsible bidder See Award, criteria Covered projects, 16.72.030 Proceeds, deposit, use 3.23.150 Definitions, 16.72.020 Purpose of provisions 3.23.010 Diversion requirements, 16.72.040 Security Findings of the City Council, 16.72.010 See also Bid Information required before issuance of permit, forfeiture when 3.23.080 16.72.050 Work Reporting, 16.72.070 additional, procedure when 3.23.160 deletion permitted when 3.23.170 RECYCLING AREAS; SOLID WASTE, NON-ORGANIC RECYCLING PUBLIC WORKS DEPARTMENT Applicability of provisions 9.16.030 See DEPARTMENTAL ORGANIZATION Definitions 9.16,020 Maintenance and collection 9.16.050 PUBLIC WORKS DIRECTOR Purpose of provisions 9.16.010 Storm drainage service charge Site development requirements 9.16.040 collection duties 3.36.080 Solid waste, non-organic, recycling and organic measurement, analysis methods recycling enclosures 9.16.045 report duties 3.36.060 Violation, penalty 9.16.060 premises inspection authority 3.36.190 RECYCLING, NON-ORGANIC•AND ORGANIC PURCHASING WASTE COLLECTION AND DISPOSAL See also EQUIPMENT, SURPLUS, SALE See GARBAGE PUBLIC WORKS CONTRACTS 2018 S-70 24A Index REFERENCED STANDARDS CODE Prima facie evidence 9.04.090 Adoption of 2019 California Referenced Rules, regulations 9.04.080 Standards Code 16.68.010 Smoking See SMOKING REFUSE Violation, penalty 9.04.130 See GARBAGE REST HOME RENTAL DISPUTE MEDIATION Business license Appeal 2.78,080 See also BUSINESS LICENSE Enforcement 2.78.090 fee 5.04.410 Purpose of provisions 2.78.010 Subpoena RETAINING WALL application See EXCAVATION, GRADING, RETAINING contents 2.78.050 WALLS procedure 2.78.040 form, serving 2.78.060 RETIREMENT SYSTEM issuance See PERSONNEL authority 2.78.020 findings required 2.78.070 REVENUE restrictions 2.78.030 See TAX RESIDENTIAL CODE RIGHT OF ENTRY Adoption of 2019 California Residential Code See INSPECTION based on the 2018 International Residential Code 16.06.010 ROLLER SKATES Adoption of appendix chapters 16.06.015 Defined 11.08.014 Automatic fire sprinkler systems 16.06.040 Prohibited where 11.08,270 Chimneys and fireplaces-spark arrestors Violations, penalties 11.08.280 16.06.140 Emergency escape and rescue openings 16.06.020 --S - Foundations 16.06.080 I Materials and construction methods for SAFETY ASSESSMENT PLACARDS l exterior wildfire exposure 16.06.060 Application of provisions 16.80.020 Roof assemblies 16.06.120 Definitions 16.80.030 Wall construction 16.06.100 Intent 16.80.010 Placards 16.80.040 RESOLUTION See also ORDINANCE SALE OF SURPLUS SUPPLIES, EQUIPMENT Money payment, adoption 2.12.030 See EQUIPMENT, SURPLUS, SALE Official forms 2.12.070 SALES AND USE TAX RESTAURANT Administration, state contract 3.08.050 Definitions 9.04.010 Collection, enjoining prohibited 3.08.160 Food, unwholesome, destruction authority 9.04.100 Exemptions, exclusions 3.08.120 Meat Operative date 3.08.030 inspection required 9.04.110 Purpose 3.08.040 manufacturing requirements 9.04.120 Rate 3.08.020 Permit Sales application, issuance 9.04.030 place, consummation 3.08.070 denial 9.04.050 tax, imposed 3.08.060 fee 9.04.040 Short title 3.08.010 nontransferable 9.04.070 required 9.04.020 revocation, suspension 9.04.060 2020 S-75 Cupertino - Index 24B State code additional permits not required 3.08.110 amendments, chapter applicability 3.08.150 limitations 3.08.100 provisions adopted 3.08.090 Use tax, imposed 3.08.080 Violation, penalty 3.08.170 SALESPERSON Business license See also BUSINESS LICENSE fee 5.04.290 SAN JOSE WATERWORKS See FRANCHISE SEASONAL LOT Business license See also BUSINESS LICENSE fee 5.04.330 SECONDHAND DEALER Applicability of provisions 5.40.010 Definitions 5,40.020 Inspection authority 5.40.030 SEISMIC SAFETY See TOXIC GASES 2020 S-75 25 Index SEWER SIGN See also SUBDIVISION abandoned or discontinued signs 19.104.320 See also WATER appeals 19.104.070 See also WATER POLLUTION applicability of regulations 19.104.020 See also PREVENTION beverage container recycling signs 19.104.180 Abandoned system 15.20.140 changeable copy signs 19.104.180 Appeals, generally 15.20.190 construction and maintenance specifications Applicability of provisions 15.20.010 19.104.090 Alteration, permit required 15.20.070 decorative statuary 19.104.180 Building permit issuance requirements 15.20.100 electronic readerboard signs 19.104.180 Definitions 15.20.020 enforcement of provisions 19.104.300 Enforcement authority designated 15.20.170 Example of How to Figure Size and Location of Failing system,correction responsibilities 15.20.130 Ground Signs, Ch. 19.104, Appendix A Installation, construction, alteration inspections Examples of Well Proportioned Signs; Examples of 15.20.110 Signs Not Well Proportioned, Ch. 19.104, state contractor's license required 15.20.090 Appendix C Liability disclaimer 15.20.160 exception; findings 19.104.290 New construction, permit required 15.20.060 freeway orientation 19.104.200 Nuisance declarations 15.20.120 gasoline station signs 19.104.170 Permit required ground signs 19.104.160 alterations 15.20.070 illegal signs new construction 15.20.060 authority to remove in public right-of-way septic tanks 15.20.080 or on public property 19.104.340 Private system requirements 15.20.040 court action authorized 19.104.370 Purpose of provisions 15.20.010 deemed public nuisance 19.104.370 Sanitary sewer, public, required, exceptions private property 19.104.330 15.20.030 public property 19.340.340 Septic tank requirements 15.20.080 responsible parry for costs and fees Soil tests 15.20.050 19.104.360 State contractor's license required when 15.20.090 storage, reclamation and disposal of Violations 19.104.360 designated 15.20.180 summary removal authorized 19.104.350 recording notice 15.20.150 illumination restrictions 19.104.230 inspection requirements 19.104.060 a SHEEP landmark signs 19.104.210; Ch. 19.104, j See ANIMAL Appendix B message substitution 19.104.205 SHERIFF neon signs, exposed&visible 19.104.180 Bingo nonconforming signs 19.104.310 inspection 5.32.180 obstructions prohibited 19.104.080 license applicant investigation 5.32.210 penalty 19.104.380 staff change investigation 5.32.260 permanent Private patrol blade signs &logos, symbols or insignias identification card issuance 5.24.130 19.104.150 permit application approval 5.24.040 design criteria 19.104.220 uniform, equipment approval, inspection wall signs 19.104.140 5.24.120 window signs 19.104.150 permit required 19.104.030 SHOPPING CENTER private property, illegal signs 19.104.330 See also TRESPASSING prohibited signs 19.104.110 Free speech activity restrictions 10.56.040 purpose and intent 19.104.010 responsible party for costs and fees 19.104.360 SIDEWALK sign program; applicability, requirements See STREETS AND SIDEWALKS and findings 19.104.130 2020 S-75 Cupertino - Index 26 sign permit application; review criteria 19.104.050 SOCIAL HOST RESPONSIBILITY application requirements 19.104.040 Definitions 10,05.010 signs exempt from permit requirements 19.104.100 Penalties 10.05.030 signs in and near residential districts 19.104.190 Remedies cumulative 10.05.040 signs in special planning districts 19.104.120 Unlawful 10.05.020 storage of removed signs 19.104.360 summary removal authorized 19.104,350 SODA FOUNTAIN temporary See RESTAURANT f. flags 19.104.250 garage sales 19.104.250 SOILS REPORT location 19.104.240 See BUILDING political signs 19.104.250 SUBDIVISION portable signs and displays 19.104.270 project announcement signs 19.104.260 SOLAR SYSTEMS Expedited Process for Small Rooftop Solar Systems promotional devices 19.104.270 real estate signs 19.104.260 Applicability 16.28.030 Application and documents 16.28.050 special event banners 19.104.270 subdivision signs 19.104.250 Definitions 16.28.020 window signs 19.104.280 Intent 16.28.010 Permit review and inspection requirements violation deemed infraction 19.104.380 16.28.060 SINGLE-USE CARRYOUT BAGS Purpose 16.28.010 Administrative citation and fine 9.17.150 Solar energy system requirements 16.28.040 Definitions 9.17.110 SOLICITOR Exemptions 9.17.140 Findings 9.17.100 See also STREETS, SIDEWALKS Administrative authority 5.20.100 Implementation date 9.17.120 Purpose 9.17.100 Business license Purposeil9.ity 9.17.160 See also BUSINESS LICENSE SeverabRestrictions 9.17.130 fee 5.04.290 Definitions 5.20.010 SKATEBOARDS Exemptions from provisions 5.20.015 Defined 11.08.015 Hours of operation 5.20.090 Prohibited where 11.08.270 Identification permit penalties 11.08,280 Violations, p denial, appeal 5.20.050display on demand 5.20.120 SMALL-INCOME BUSINESS issuance 5.20.040 Business license nontransferable 5.20.110 See also BUSINESS LICENSE revocation fee 5.04.450 appeals 5.20.070 grounds 5.20.060 SMOKING; REGULATION OF Posting of premises 5.20.140 See also TOBACCO PRODUCTS; Vehicle requirements 5.20.080 REGULATING THE SALE OF Violation, penalty 5.20.130 Definitions 10.90.010 Other requirements and prohibitions 10.90,030 SOLID WASTE Posting of signs 10.90.040 See GARBAGE Smoking prohibited 10.90.020 RECYCLING AREAS; SOLID WASTE, Violation-penalty 10.90.050 NON-ORGANIC RECYCLING SPECIFIC PLAN See LAND DEVELOPMENT PLANNING 2020 S-75 33 Index Records 3.35.140 Curb opening closure Refunds 3.35.150 authority 11.36.030 Remedies cumulative 3.35.220 hearing Short title 3.35.010 appeal 11.36.060 Substantial nexus /minimum contacts 3.35.070 authorized 11.36.050 Telecommunication users' tax 3.35.050 notice contents 11.36.040 provisions nonexclusive 11.36.020 THEATER purpose, definitions 11.36.010 Business license Diverters 14.04.125 See also BUSINESS LICENSE Downtown area fee 5,04.440 See Cruising Smoking Driveway opening See SMOKING See Curb opening closure Engineer TOBACCO PRODUCTS; REGULATING THE See TRAFFIC ENGINEER SALE OF Intersections, blocking prohibited 11.24.240 See also SMOKING; REGULATION OF Loading zones Appeals 5.50.150 See Parking Compliance monitoring 5.50.110 Median closure Definitions 5.50.020 See Curb opening closure Enforcement 5.50.160 Parking Fees 5.50.100 See PARKING Intent 5.50.010 Road bumps Penalties administrative authority designated 11.34.020 for a violation by a retailer with a permit defined 11.34.010 5.50.130 installation where, criteria 11.34.030 for retailing without a permit 5.50.140 Road construction, traffic regulations 11.36.070 Permit Speed bumps application procedure 5.50.050 See Road bumps conveys limited, conditional privilege Speed limits 5.50.090 authority, declaration 11.12.020 eligibility requirements for 5.50.040 established 11.12.030 expiration 5.50.070 purpose of provisions 11,12.010 issuance of 5.50.060 signing 11.12.040 nontransferable 5.50.080 Stop intersection penalties for all directional, designated, required action retailing without a permit 5.50.140 11.20.030 violation by a retailer with a permit designated, required action 11.20.020 5.50.130 purpose of provisions 11.20.010 renewal 5.50.070 signing 11.20.040 term 5.50.070 Stopping, standing Requirements and prohibitions 5.50.030 See PARKING Underage sales, prevention of 5.50.120 Truck routes compliance required 11.32.030 TRACTOR established 11.32.020 Sales, repair, service, business license pickups, deliveries, exceptions 11.32.070 See also BUSINESS LICENSE school zones—prohibited vehicles 11.32.055 fee 5.04.540 truck defined 11,32.010 unrestricted highways designated 11.32.050 TRAFFIC use regulations generally 11.32.060 Cruising vehicle types excepted 11.32.080 definitions 11.30.010 vehicle weighing authority 11.32.040 exemptions 11.30.020 violation,penalty 11.32.090 prohibited 11.30.030 violation, penalty 11.30.040 2020 S-75 Cupertino -Index 34 TRAFFIC ENGINEER TREES Bicycle lane sign erection 11.08.260 Protected Trees Parking action by Director 14.18.120 curb marking, sign authority 11.26.040 actions prohibited 14.18.030 handicapped parking space approval 11.26.100 definitions 14.18.020 loading space establishment authority exemptions 14.18.150 11,26.070 heritage tree designation 14.18.070 space marking authority 11.26.060 heritage tree identification tag 14.18.090 heritage tree list 14.18.080 TRANSIENT OCCUPANCY TAX penalty 14.18.220 Collection action 3.12.130 plan of protection 14.18.060 Definitions 3.12.020 protected trees 14.18.050 Failure to collect and report protection during construction 14.18.200 appeal 3.12.100 purpose of provisions 14.18.010 determination 3.12.090 recordation 14.18.100 Imposition 3.12.030 removal Operator duty 3.12.050 application 14.18.110 Penalty, interest 3.12.080 approval authority 14.18.110 Records retention, access 3.12.110 notice and posting 14,18.130 Refund condition 3.12.120 notice of action 14.18.190 Registration 3.12.060 appeal 14.18.190 Reporting, remitting 3.12.070 protection plan before granting permit Short title 3.12.010 14,18.210 Violation, penalty 3.12.140 retroactive permit 14.18.170 review 14.18.180 TRANSPORTATION IMPACT FEE PROGRAM retention promoted 14.18.040 Applicability 14.02.040 Tree Management Plan 14.18.140 Authority 14.02.030 tree replacement 14.18.160 Definitions 14.02.020 Street tree regulations Disposition of TIF program revenue and TIF appeals 14.12.170 capital project construction 14,02.080 building permit requirements Exemptions 14.02.060 condition of issuance 14.12.120 Fee credits 14.02.070 definitions 14.12.020 Purpose 14.02.010 enforcement 14.12.040 Transportation Impact Fee Program 14.02.050 financial hardship and lien procedure 14.12.160 TRAPS master street tree list 14.12.050 See ANIMAL nuisance conditions 14.12.110 penalty 14.12.150 TREASURER, CITY planting specifications 14.12.060 Conflict of interest 2.64.020 prohibited acts 14.12.080 Franchise pipeline inspection 6.04.050 public tree management 14.12.070 Investment authority 2,24.050 purpose of provisions 14.12.010 Monthly statements required 2.24.030 removal Oath of office, bond 2.24.040 permit, notice 14.12.090 Payment, procedure 2.24.020 public utilities 14.12.090 Responsibility for city moneys 2.24.010 replacement 14.12.100 remedies 14.12.140 TREASURER, COUNTY responsibility 14.12.030 Assessment collection responsibility 3.16.010 schedules new street tree costs and public tree TREE damage or removal fee 14.12.130 See STREETS AND SIDEWALKS violation, penalty 14.12.140 TREES 2020 S-75 34A Index TRESPASSING Shopping center defined 10.56.010 enforcement powers not affected 10.56.050 exception 10.56.030 unlawful actions 10.56.020 violation, penalty 10.56.070 --U-- UNDERGROUND UTILITIES Conversions city responsibility 14.20.100 company responsibility 14.20.080 exceptions designated 14.20.060 when 14.20.050 notice required 14.20.070 property owner responsibility 14.20.090 public hearing 14.20.020 time extension when 14.20.110 unlawful acts 14.20.040 violation, penalty 14.20.120 District designation 14.20.030 New developments definitions 14.24.020 exception administrative 14.24.060 generally 14.24.040 use permit 14.24.070 zones 14.24.050 intent 14.24.010 required 14.24.030 transition clause 14.24.080 4 202O 5-75 Cupertino -Index 34B 35 Index UNIFORM CODE FOR THE ABATEMENT OF VEHICLE DANGEROUS BUILDINGS CODE See also PARKING Adoption by reference 16.70.010 See also TRAFFIC Abandoned URINATION, DEFECATION abatement Definitions 10.30.010 authority 11.04.050 Prohibited where 10.30.020 compliance time limit 11.04.091 Violation, penalty 10.30.030 cost recovery, generally 11.04.092 cost recovery,repeat violation 11.04.150 UTILITIES notice 11.04.060 See FRANCHISE definitions 11.04.011 See SEWER disposition See UNDERGROUND UTILITIES final 11.04.140 See WATER notice 11.04.110 procedure 11.04.120 UTILITY USERS EXCISE TAX enforcement of provisions 11.04.040 Administration, scope, authority 3.34.100 hearing Benefit declaration 3.34.150 procedure 11.04.090 Collection when 11.04.070 debt to city, actions permitted 3.34.150 nuisance 11.04.031 due date, delinquency, penalties 3.34.070 prohibitions procedure generally 3.34.090 designated 11.04.019 Conflicting provisions, resolution 3.34.190 exceptions 11.04.020 Construance of provisions 3.34.200 purpose of provisions 11.04.010 Definitions, 3.34.010 reconstruction 11.04.130 Duration, term 3.34.160 Animal transport in Exemptions See ANIMAL designated 3.34.020 Bicycle partial, criteria 3.34.060 See BICYCLE Grammatical interpretation of provisions 3.34.140 Off-street Imposed, rate, applicability See OFF-STREET VEHICLES See also Exemptions Overweight, special permit electricity users tax 3.34.040 appeals 11.37.070 gas users tax 3.34.050 applicability 11.37.020 telephone users tax 3.34.030 application Payment contents 11.37.030 See also Collection fee 11.37.040 failure, assessment when, effect 3.34.110 issuance 11.37.050 Powers deemed additional 3.34.180 limitations, restrictions, imposition 11.37.060 Proceeds, revenue measure, disposition 3.34.170 purpose of provisions 11.37.010 Purpose of provisions 3.34.005 Peddler, restrictions 5.20.120 Recordkeeping requirements 3.34.120 Taxicab Refund, criteria, procedure 3.34.130 See TAXICAB Tax See also Specific Subject VENDING MACHINE administrator defined 3.34.020 Business license Validity of proceedings, tax See also BUSINESS LICENSE actions, proceeding limitation 3.34.220 fee 5.04.360 generally 3.34.210 --V -- VAPING See TOBACCO; REGULATING THE SALE OF 2020 S-75 Cupertino -Index 36 VENDORS, MOBILE WATERCOURSE POLLUTION PREVENTION (See Exemptions 5.48.060 STORMWATER POLLUTION PREVENTION Location restrictions 5.48.050, 5.48.070 AND WATERSHED PROTECTION) Operating regulations 5,48.080 Permit WEAPON application, issuance 5.48.030 See FIREARM fees 5.48.040 required 5.48.020 WEEDS revocation, suspension 5.48.090 See also PROPERTY MAINTENANCE Purpose of provisions 5.48.010 Abatement Violation, penalty 5.48.100 assessment collections as tax 9.08.100 w __ hearing 9.08.090 notice, posting, mailing 9.08.080 WASTE responsibility 9.08.070 See GARBAGE authority, procedure 9.08.060 See WATERCOURSE POLLUTION hearing 9.08.050 See PREVENTION notice form designated 9.08.030 WATER mailing 9.08.040 See also FRANCHISE property damage, notice of See also SEWER improvements 9.08.110 See also WATERCOURSE POLLUTION Defined, prohibited 9.08.010 See also PREVENTION Nuisance, abatement required 9.08.020 Conservation WILDLAND URBAN INTERFACE FIRE AREA city facilities 15.32.050 definitions 15.32.020 Adopted 16.74.010 emergency shutoff 15.32.070 exceptions for public health and safety WIRELESS COMMUNICATIONS FACILITIES See ZONING 15.32.060 findings 15.32.010 prohibited acts 15.32.030 restrictions on use 15.32.040 violation, penalty 15.32.080 Rates, charges appeals 15.04.050 definitions 15.04,010 determination criteria 15.04.020 establishment procedure 15.04.030 exceptions generally 15.04.040 imposition authority 15.04.020 modifications, establishment procedure 15.04.030 pass-throughs authorized when 15.04.040 Resource protection definitions 9.19.020 purpose 9.19.010 streamside modification permit 9.19.030 guidelines and standards 9.19.040 time limit for commencing use of 9.19,050 2020 S-75