2020 S-76 Supplement CUPERTINO, CALIFORNIA
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2020 S-76 Supplement
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Title Page Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
9, 10 9, 10
TITLE 5: BUSINESS LICENSES AND REGULATIONS
33 through 38 33 through 40
TITLE 16: BUILDINGS AND CONSTRUCTION
1, 2 1, 2
91, 92 91 through 92B
94A through 94H 94A through 94J
TITLE 19: ZONING
5 through 6B 5 through 613
11, 12 11, 12
17 through 20 17 through 20
37, 38 37, 38
41, 42 41, 42
193, 194 193 through 194D
COMPREHENSIVE ORDINANCE LIST
3, 4 3, 4
41 through 46 41 through 46
INDEX
9 through 16 9 through 16
33 through 34B 33 through 34B
37, 38 37, 38
45, 46 45, 46
LMB
(4/2020)
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-76 Supplement contains:
Local legislation current through Ordinance 20-2199, passed 3-3-2020
COPYRIGHT ° 2020
AMERICAN LEGAL PUBLISHING CORPORATION
2.08.010
f
CHAPTER 2.08: CITY COUNCIL--RULES AND CONDUCT OF MEETINGS*
Section
i
2.08.010 Reserved. 2.08.070 Petition-Exception.
2.08.030 Petition-Defined. Sections 2.08.030 through 2.08.070 shall not apply to {
2.08.040 Petition-Hearing notice. any petition in which there is a prescribed method of
2.08.070 Petition-Exception. publication or notice pursuant to law or any other ordinances
2.08.080 Method of presenting matters to Council. of this City. (Ord. 49, § 5, 1958)
2.08.090 Order of business.
2.08.095 Reconsideration. 2.08.080 Method of Presenting Matters to Council.
2.08.096 Reconsideration-Sought by interested A. Every official,board,commission or other body,
person. connected with the City government, and every citizen,
2.08.100 Written communications. individual, corporation, committee or civic group, having
2.08.105 Oral communications. any reports, communications or other matters to be
2.08.110 Reports of officers and official bodies. presented at a City Council meeting, shall be referred to the
2.08.130 Discussion procedure. City Clerk in writing before nine a.m. of the sixth day
2.08,135 Designation of signators for official (Sunday included)preceding the day of such meeting for it
documents. to be given consideration as an item of agenda business.
2.08,140 Violation-Penalty. B. The City Clerk shall prepare an agenda setting
2.08.145 Call for Council review. forth such matters and the nature thereof under their
* For statutory provisions authorizing the City appropriate headings, and setting forth all other matters to
Council to establish rules for the conduct of its come before such meeting under their appropriate headings.
proceedings, see Gov. Code § 36813. The City Clerk shall, preceding such meetings, cause one
copy thereof to be delivered to each member of the City
Council and shall make such other copies available for
2.08.010 Reserved. public review as is consistent with State law. (Ord. 2081,
(part), 2011; Ord. 1697, (part), 1995; Ord. .1292, 1984;
2.08.030 Petition-Defined. Ord. 822, 1977; Ord. 673, (part), 1975; Ord. 389, § 3.4,
For the purpose of Sections 2.08.030 through 1968)
2.08.070, a "petition" means any written communication
signed with multiple signatures and which is delivered to the 2.08.090 Order of Business.
City Clerk for the attention of the City Council. Such A. The City Council of the City shall establish the
petitions so received will be processed in the same manner order of business by resolution.
as written communications. (Ord. 673, (part), 1975; Ord. B. The order of business to be taken up at an
49, § 1, 1958) adjourned meeting shall be that as deemed by the Mayor and j
the City Council to be proper.
2.08.040 Petition-Hearing Notice. C. The City Council may,in its discretion,establish
The City Council after having received a petition may, time limitations for the presentation or discussion of any
at its discretion, set a time for the holding of a public item of business; and, may establish a time after which no a
hearing thereon. Unless otherwise provided by law or any agenda item of business will be taken up in which case the
other ordinances of this City, there shall be no prescribed motion for adjournment will contain the date and time for
minimum or maximum interim period between the setting of the completion of agenda business.
said time and the holding of such public hearing. (Ord. 673, D. Closed sessions may be held as needed and
(part), 1975; Ord. 49, §2, 1958) scheduled by the City Attorney.
I
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2020 S-76
2.08.090 Cupertino - Administration and Personnel 10
E. Council may change the order of business at any time and place of such hearing will be provided to all
individual council meeting by majority vote. (Ord. 2081, interested persons at least ten days prior to the hearing. At
(part), 2011; Ord. 1697, (part), 1995; Ord. 1561, 1991; the conclusion of the hearing for reconsideration, the City
Ord. 1457, 1988; Ord. 1393, 1986; Ord. 1329, 1985; Ord. Council may affirm,reverse,or modify its original decision,
1259, 1984; Ord, 1192, 1982; Ord. 1133, 1981; Ord. 978, and may adopt additional findings of fact based upon the
(part), 1980;Ord. 673, (part), 1975; Ord. 389, §3.5, 1968) evidence submitted in any and all city hearings concerning
the matter.
2.08.095 Reconsideration. B. A petition for reconsideration shall specify, in
A. The Council may,at anytime before adjournment detail, each and every ground for reconsideration. Failure
of any council meeting, determine to reconsider an item of of a petition to specify any particular ground or grounds for
business previously acted upon at that council meeting. A reconsideration,precludes that particular omitted ground or
motion to reconsider may only be made by a councilmember grounds from being raised or litigated in a subsequent
who was a member of the prevailing majority voting on the judicial proceeding.
item. A motion to reconsider may be seconded by any The grounds for reconsideration are limited to the
councilmember. following:
B. If a motion for reconsideration prevails, the 1. An offer of new relevant evidence which, in the
Council is then free to reconsider the item either at the same exercise of reasonable diligence, could not have been
Council meeting or at any other Council meeting established produced at any earlier city hearing.
by the Council; provided, however, that the Council shall 2. An offer of relevant evidence which was
not reconsider an item at the same Council meeting, in the improperly excluded at any prior city hearing.
following instances: 3. Proof of facts which demonstrate that the City
1. Any action involving a public hearing which has Council proceeded without, or in excess of its,jurisdiction.
been closed; 4. Proof of facts which demonstrate that the City
2. Any action,including appeals,regarding a zoning Council failed to provide a fair hearing.
matter,planned development permit,use permit,subdivision 5. Proof of facts which demonstrate that the City
map approval, variance, architectural and site approval or Council abused its discretion by:
sign exception; a. Not preceding in a manner required by law;
3. Any action involving the granting, modification and/or
or revocation of any permit issued by the City; b. Rendering a decision which was not supported by
4. Any action which is quasi-judicial in nature. findings of fact; and/or
C. In such cases, the Council shall reconsider the c. Rendering a decision in which the findings of fact
item at another council meeting date established by the were not supported by the evidence.
Council and shall direct the City Clerk to provide C. A petition for reconsideration is subject to a
notification to the relevant parties or the general public, as reconsideration fee as prescribed by resolution of the City
the case may be. (Ord. 2056, (part), 2010; Ord. 1697, Council. At the conclusion of the reconsideration hearing,
(part), 1995; Ord. 1378, § 1, 1986) the City Council may, in its sole discretion, refund all, or a
portion, of the reconsideration fee. (Ord. 2027 § 1, 2008;
2.08.096 Reconsideration-Sought by Interested Person. Ord. 2008, 2007; Ord. 1807, § 1, 1999)
A. The City Clerk shall forthwith mail all notices of
decision after the decision of the City Council. Any
interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a
petition for reconsideration with the City Clerk within ten
days of the date of the mailing of the notice of decision.
Failure to file a petition for reconsideration constitutes a
waiver of the right to request reconsideration and the City
Council's decision shall be final for all purposes. Upon
timely receipt of a petition for reconsideration, the City
Clerk shall schedule a reconsideration hearing to be
commenced by the City Council no later than sixty days
after the filing of the petition. Mailed notices of the date,
2012 5-31
5.50.010
CHAPTER 5.50: REGULATING THE SALE OF TOBACCO PRODUCTS
Section
5.50.010 Intent. A. "Arm's length transaction" means a sale in good
5.50.020 Definitions. faith and for valuable consideration that reflects the fair
5.50.030 Requirements and prohibitions. market value in the open market between two or more
5.50.040 Eligibility requirements for a permit. informed and willing parties, neither of which is under any
5.50.050 Application procedure. compulsion to participate in the transaction. A sale between
5.50.060 Permit issuance, denial, and revocation. relatives,related companies or partners,or a sale for which
5.50.070 Permit term, renewal, and expiration. a significant purpose is avoiding the effect of the violations
5.50.080 Permits nontransferable. of this chapter is not an arm's length transaction.
5.50.090 Permit conveys a limited, conditional B. "Designee" means the agency or public entity
privilege, selected or designated by the city to enforce and/or
5.50.100 Fees. administer the provisions of this chapter.
5.50.110 Compliance monitoring. C. "Distribute or Distribution" means the transfer,
5.50.120 Prevention of underage sales. by any person other than a common carrier, of a tobacco
5.50.130 Penalties for a violation by a retailer with product to another person for sale or personal consumption.
a permit. D. "Electronic cigarette products" means any of the
5.50.140 Penalties for retailing without a permit. following products:
5.50,150 Appeals. 1. Any device or delivery system that can be used to
5.50.160 Enforcement. deliver nicotine in aerosolized or vaporized form,including,
5.50.170 No conflict with federal or state law. but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen,
or e-hookah.
2. Any component, part, or accessory of such a
5.50.010 Intent. device or delivery system that is used during its operation.
A. This chapter is adopted to: 3. Any flavored or unflavored liquid or substance
1. Ensure compliance with the business standards containing nicotine, whether sold separately or sold in
and practices of the city; combination with any device or delivery system that could
2. Encourage responsible retailing of tobacco be used to deliver nicotine in aerosolized or vaporized form.
products; 4. Any product for use in an electronic nicotine
3. Discourage violations of laws related to tobacco device or delivery system whether or not it contains nicotine
products,especially those that prohibit or discourage the sale or tobacco or is derived from nicotine or tobacco.
or distribution of tobacco products to persons under 5. Electronic cigarette products shall not include any
twenty-one; battery, battery charger, carrying case, or other accessory
4. Respond to a new wave of addiction to electronic not used in the operation of the device if sold separately.
cigarette products; Electronic cigarette products shall not include any product
5. Reduce vulnerability to unexplained illnesses that has been approved by the United States Food and Drug
associated with electronic cigarette products; and Administration for sale as a tobacco cessation product or for
6. Protect the public health and welfare. other therapeutic purposes where that product is marketed
D. This chapter does not expand or reduce the degree and sold solely for such approved use. See 21 U.S.C.
to which the acts regulated by federal or state law are §387a. As used in this subsection,nicotine does not include
criminally proscribed or alter the penalties provided by such any food products as that term is defined pursuant to Section
laws. (Ord. 20-2197, § 1 (part), 2020) 6359 of the California Revenue and Taxation Code.
E. "Ownership" means possession of a ter percent
5.50.020 Definitions. or greater interest in the stock, assets, or income of a
For the purposes of this chapter, the following business, other than a security interest for the repayment of
definitions shall apply:
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5.50.020 Cupertino -Business Licenses and Regulations 34
debt. Notwithstanding any other definition in this code, an customer is at least the minimum age required under state
owner means a person who possesses ownership. law to purchase and possess the tobacco product.
F. "Permit" means a valid permit issued by the city F. Minimum age for individuals selling tobacco
or its designee to a person to act as a retailer. products. No individual who is younger than the minimum
G. "Retailer" means any person who sells, age established by state law for the purchase or possession
exchanges, or offers to sell or exchange, for any form of of tobacco products shall engage in retailing.
consideration,tobacco products. "Retailing" shall mean the G. False and misleading advertising prohibited. A
doing of any of these things. This definition is without retailer without a permit:
regard to the quantity of tobacco products sold, exchanged, 1. Shall keep all tobacco products out of public
distributed, or offered for sale or exchange. view.
H. "School" means a public or private elementary, 2. Shall not display any advertisement relating to
middle,junior high, or high school. tobacco products that promotes the sale or distribution of
I. "Tobacco product" means: such products from the retailer's location or that could lead
1. Any product subject to: 21 U.S.C. §§387 et seq, a reasonable consumer to believe that tobacco products can
("Subchapter IX")of the Federal Food,Drug,and Cosmetic be obtained at that location.
Act (See 21 U.S.C. § 387a(b)) ("products subject to H. Limitation on storefront advertising. No more
[Subchapter IX]"); or 21 C.F.R. §§ 1100.1 - 1100.3 than fifteen percent of the square footage of the windows
("[tobacco products] are subject to Subchapter IX"). and clear doors of a physical storefront used for retailing
Products subject to Subchapter IX include, but are not tobacco products shall bear advertising or signs of any sort,
limited to, cigarettes, cigarette tobacco, roll-your-own and all advertising and signage shall be-placed and
tobacco,smokeless tobacco,cigars,pipe tobacco,waterpipe maintained in a manner that ensures that law enforcement
tobacco, and electronic cigarette products. Products that are personnel have a clear and unobstructed view of the interior
not subject to Subchapter IX include accessories of tobacco of the premises, including the area in which the cash
products,such as,but not limited to,ashtrays,spittoons, and registers are maintained, from the exterior public sidewalk
conventional matches and lighters that solely provide an or entrance to the premises. However, this latter
external heat source to initiate but not maintain combustion requirement of this subsection (H) shall not apply to an
of a tobacco product. (Ord. 20-2197, § 1 (part, 2020) establishment where there are no windows or clear doors,or
where existing windows are located only at a height that
5.50.030 Requirements and prohibitions. precludes a view of the interior of the premises by a person
A. Permit required. It shall be unlawful for any standing outside the premises.
person to act as a retailer of tobacco products in the city I. Flavored tobacco products.
without first obtaining and maintaining a valid retailer 1. No retailer shall sell a tobacco product
permit pursuant to this chapter for each location at which containing, as a constituent or additive, an artificial or
retailing occurs. Tobacco product retailing without a valid natural flavor or aroma(other than tobacco) or an herb or
tobacco retailer permit is a nuisance as a matter of law. spice, including but not limited to strawberry, grape,
B. Lawful business operation. It shall be a violation orange, clove, cinnamon, pineapple, vanilla, coconut,
of this chapter for any retailer to violate any local, state, or licorice,cocoa,chocolate,cherry,mint,menthol,or coffee,
federal law applicable to tobacco products or the retailing of that is a characterizing flavor or aroma of the tobacco
such products. product, smoke or vapor produced by the tobacco product.
C. Display of permit. Each current retailer permit 2. A tobacco product shall be subject to a rebuttable
shall be prominently displayed in a publicly visible place at presumption that the product is prohibited by paragraph(1)
the location identified in the permit. of this subsection(I) if:
D. Notice of minimum age for purchase of tobacco a. The product's manufacturer or any other person
products.Retailers shall post conspicuously,at each point of associated with the manufacture or sale of tobacco products
purchase, a notice stating that selling tobacco products to makes or disseminates public statements or claims to the
anyone under twenty-one years of age is illegal and subject effect that the product has or produces a characterizing
to penalties. Such notice shall be subject to the approval of flavor or aroma, other than tobacco; or
the city or its designee. b. The product's label, labeling, or packaging
E. Positive identification required. No retailer shall includes a statement or claim—including any text and/or
sell or distribute a tobacco product to another person who images used to communicate information—that the product
appears to be under thirty years of age without first has or produces a characterizing flavor or aroma other than
examining the customer's identification to confirm that the tobacco.
2020 S-76
35 Regulating the Sale of Tobacco Products 5.50.030
J. Vending machines prohibited.No tobacco product provided, however, that the prohibition contained in this
shall be sold, offered for sale, or distributed to the public subsection(E)shall not apply to existing retailers of tobacco
from a vending machine or appliance, or any other coin or products operating lawfully on the date immediately prior to
token operated mechanical device designed or used for this chapter becoming effective provided that the retailers
vending purposes,including,but not limited to,machines or obtain a permit prior to July 1, 2020 pursuant to sections
devices that use remote control locking mechanisms. 5.50.050 and 5.50.060, and timely renew their permits
K. Prohibition on sale or distribution of tobacco pursuant to 5.50.070(B). V
products to persons under twenty-one years. No retailer F. Any exemption granted to a retailer pursuant to
shall sell, offer for sale,or distribute any tobacco product to this chapter shall cease to apply upon the earlier of the
any individual who is under twenty-one years of age. following to occur:
L. Prohibition on sale or distribution of electronic 1. The retailer fails to timely renew the retailer
cigarette products. No retailer shall sell or distribute permit pursuant to this chapter.
electronic cigarette products. (Ord. 20-2197, § 1 (part), 2. A new person obtains ownership in the business.
2020) (Ord. 20-2197, § 1 (part), 2020)
5.50.040 Eligibility requirements for a permit. 5.50.050 Application procedure.
A. No retailer permit may be issued to authorize A. It is the responsibility of each retailer to be
retailing at or from other than a fixed location.For example, informed of all laws applicable to retailing, including those
retailing by persons on foot or from vehicles is prohibited. laws affecting the issuance of a retailer permit. No retailer
B. No retailer permit may be issued to authorize may rely on the issuance of a retailer permit as a
retailing at a temporary or recurring temporary event. For determination by the city that the retailer has complied with
example, retailing at flea markets and farmers' markets is all laws applicable to retailing. A retailer permit issued
prohibited. contrary to this chapter,contrary to any other law, or on the
C. No retailer permit may be issued to authorize basis of false or misleading information supplied by a
retailing at any location where the profession of pharmacy retailer shall be revoked pursuant to this chapter.
is practiced by a pharmacist licensed by the State of B. All retailer permit applications shall be submitted
California in accordance with the Business and Professions on a form supplied by the city or its designee to implement
Code and where prescription drugs are offered for sale. this chapter.
D. No retailer permit may be issued to authorize C. A permitted retailer shall inform the city or its
retailing at any location within one thousand feet of a designee in writing of any change in the information
school, as measured by a straight line between any point submitted on an application for a retailer permit within
along the property line of any parcel on which a school is fourteen calendar days of a change.
located and any point along the perimeter of the applicant's D. All information specified in an application
proposed business location; provided, however, that the pursuant to this chapter shall be subject to disclosure under
prohibition contained in this subsection(D) shall not apply the California Public Records Act (Government Code
to the following: Section 6250 et seq.)or any other applicable law, subject to
1. Any retailer of tobacco products operating any exemptions. (Ord. 20-2197, § 1 (part), 2020)
lawfully on the date immediately prior to this chapter
becoming effective provided that the retailer obtains a 5.50.060 Permit issuance, denial, and revocation.
permit prior to July 1, 2020 pursuant to sections 5.50.050 A. Upon the receipt of a complete application for a
and 5.50,060, and timely renews its permit pursuant to retailer permit, the application fee, and the annual permit
5.50.070(B); and fee, the city or its designee shall issue a retailer permit
2. Any lawfully operating retailer of tobacco unless substantial evidence demonstrates that one or more of
products that would otherwise become ineligible to receive the following bases for denial exists:
or renew a retailer permit due to the creation or relocation 1. The information presented in the application is
of a school. inaccurate or false.
E. No retailer permit may be issued to authorize 2. The application seeks authorization for retailing
retailing at a location which is within five hundred feet of a at a location for which this chapter prohibits issuance of a
location occupied by another retailer, as measured by a retailer permit.
straight line between any point along the perimeter of an 3. The application seeks authorization for retailing
existing retailer's business location and any point along the by a person to whom this chapter prohibits issuance of a
perimeter of the applicant's proposed business location, retailer permit.
2020 5-76
5.50.060 Cupertino -Business Licenses and Regulations 36
4. The application seeks authorization for retailing 2. The city or its designee is provided with clear and
that is prohibited pursuant to this chapter (e.g., mobile convincing evidence,including an affidavit,that the business
vending) or that is unlawful pursuant to any other law. has been acquired in an arm's length transaction. (Ord.
B. A retailer permit shall be revoked if the city or 20-2197, § 1 (part), 2020)
its designee finds that one or more of the bases for denial of
a retailer permit under this chapter existed at the time 5.50.090 Permit conveys a limited, conditional
application was made or at any time before the retailer privilege.
permit issued. Such a revocation shall be without prejudice Nothing in this chapter shall be construed to grant any
to the filing of a new permit application. (Ord. 20-2197, § 1 person obtaining and maintaining a retailer permit any status
(part), 2020) or right other than the limited,conditional privilege to act as
a retailer at the location in the city identified on the face of
5.50.070 Permit term, renewal, and expiration. the permit. All permits are issued subject to the city's right
A. Term of permit. The term of a retailer permit is to amend this chapter, and retailers shall comply with all
one year. A retailer permit is invalid upon expiration. provisions of this chapter, as amended. (Ord. 20-2197, § 1
B. Renewal of permit. The city or its designee shall (part), 2020)
renew a valid retailer permit upon timely payment of the
annual permit fee provided that the retailer is in compliance 5.50.100 Fees.
with this chapter, as amended. The city or its designee may, The city or its designee shall not issue or renew a
in its discretion, agree to renew any expired retailer permit retailer permit prior to full payment of any applicable fees.
within the three-month period following expiration if the The city shall, from time to time, establish by resolution or
retailer pays the annual permit fee and applicable late ordinance the fees to issue or to renew a retailer permit. The
charges. For every calendar month,or fraction thereof,that fees shall be calculated so as to recover the cost of
a retailer fails to renew an expired retailer permit, a late administration and enforcement of this chapter, including,
charge equal to twenty percent of the annual permit fee shall for example, issuing a permit, administering the permit
be assessed.A retailer permit renewed within three calendar program,conducting retailer education,performing retailer
months of expiration shall be treated as if timely renewed. inspection and compliance checks, documenting violations,
C. Issuance of permit after revocation or expiration and prosecuting violators, but shall not exceed the cost of
of permit. To apply for a new retailer permit more than the regulatory program authorized by this chapter. All fees
three calendar months after expiration of a retailer permit or and interest earned from such fees shall be used exclusively
following revocation of a retailer permit that was wrongly to fund administration and enforcement of this chapter.
issued, a retailer must submit a complete application for a (Ord. 20-2197, § 1 (part), 2020)
retailer permit, along with the application fee and annual
permit fee. The city or its designee shall issue a retailer 5.50.110 Compliance monitoring.
permit pursuant to the requirements of this chapter. (Ord. A. Compliance with this chapter shall be monitored
20-2197, § 1 (part), 2020) by the city or its designee, In addition, any peace officer
may enforce the penal provisions of this chapter. The City
5.50.080 Permits nontransferable. Manager may designate any number of additional persons to
A. A retailer permit may not be transferred from one monitor and facilitate compliance with this chapter.
person to another or from one location to another.Whenever B. The city or its designee shall check each retailer
a new person obtains ownership in a business for which a at least once per twelve-month period to determine if the
retailer permit has been issued, a new retailer permit shall retailer is complying with all laws applicable to retailing,
be required, but any exemption granted pursuant to Section other than those laws regulating underage access to tobacco
5.50,040(D) or (E) shall cease to apply. products. Nothing in this paragraph shall create a right of
B. Notwithstanding any other provision of this action in any retailer or other person against the city or its
chapter, prior violations of this chapter at a location shall agents. (Ord. 20-2197, § 1 (part), 2020)
continue to be counted against a location and permit
ineligibility and suspension periods shall continue to apply 5.50.120 Prevention of underage sales.
to a location unless: A. The city or its designee shall check each retailer
1. One hundred percent of the interest in the stock, to determine whether the retailer is conducting business in
assets, or income of the business, other than a security a manner that complies with laws regulating youth access to
interest for the repayment of debt, has been transferred to tobacco products. Nothing in this paragraph shall create a
one or more new owners; and right of action in any retailer or other person against the city
or its agents.
2020 S-76
37 Regulating the Sale of Tobacco Products 5.50.120
B. The city or its designee shall not enforce any law chapter, other than a violation of a law regulating youth
establishing a minimum age for tobacco product purchases access to tobacco products, if the retailer admits the
against a person who otherwise might be in violation of such violation in writing and agrees to forego a hearing on the
law because of the person's age ("youth decoy") if the allegations. Regardless of the city's or its designee's waiver
potential violation occurs when: of penalties for a first violation, the violation will be
1. The youth decoy is participating in a compliance considered in determining the penalties for any future
check supervised by a peace officer or a code enforcement violation.
official of the city or its designee; E. Corrections period. The city or its designee shall
2. The youth decoy is acting as an agent of a person have discretion to allow a retailer a period of time to correct
designated by the city or its designee to monitor compliance any violation of any requirement,condition or prohibition of
with this chapter; or this chapter,other than a violation of a law regulating youth
3. The youth decoy is participating in a compliance access to tobacco products. If the city or its designee
check funded in part, either directly or indirectly through exercises its discretion to provide a corrections period and
subcontracting,by the city, or the California Department of a retailer's violation is corrected within the time allowed for
Public Health. (Ord. 20-2197, § 1 (part), 2020) correction, no penalty shall be imposed under this chapter.
F. Written notice of penalties. Whenever a fine is
5.50.130 Penalties for a violation by a retailer with a issued and/or a permit is suspended based on a violation of
permit. this chapter,the city or its designee shall provide the retailer j
A. In addition to any other penalty authorized by written notice of the violation and the fine and suspension,
law, an administrative fine shall be imposed and a retailer including when the suspension shall take effect. (Ord.
permit shall be suspended if any court of competent 20-2197, § 1 (part), 2020)
jurisdiction determines, or the city or its designee finds
based on a preponderance of the evidence, that the retailer, 5.50.140 Penalties for retailing without a permit.
or any of the retailer's agents or employees,has violated any A. Administrative fine. In addition to any other
of the requirements, conditions, or prohibitions of this penalty authorized by law, an administrative fine and an
chapter, has pled guilty, "no contest" or its equivalent to ineligibility period for application or issuance of a retailer
such a violation, or has admitted to such a violation. permit shall be imposed if a court of competent jurisdiction
B. Amount of fine. Each such violation shall be determines, or the city or its designee finds based on a
subject to an administrative fine as follows: preponderance of evidence, that any person has engaged in
1. A fine not to exceed one hundred dollars retailing at a location without a valid retailer permit, either
($100.00) for a first violation; directly or through the person's agents or employees, has
2. A fine not to exceed two hundred dollars pled guilty, "no contest"or its equivalent to such a violation,
($200.00) for a second violation within a twelve-month or has admitted to such a violation.
period; and B. Amount of fine. Each such violation shall be
3. A fine not to exceed five hundred dollars subject to an administrative fine as follows:
($500.00) for each additional violation within a 1. A fine not to exceed one hundred dollars
twelve-month period. ($100.00) for a first violation;
C. Time period for permit suspension.The period of 2. A fine not to exceed two hundred dollars
the suspension shall be as follows: ($200.00) for a second violation within a twelve-month
1. For a first violation of this chapter at a location period; and
within any sixty-month period, the retailer permit shall be 3. A fine not to exceed five hundred dollars
suspended for up to thirty calendar days. ($500.00) for each additional violation within a
2. For a second violation of this chapter at a location twelve-month period.
within any sixty-month period, the retailer permit shall be C. Time period for permit ineligibility. The
suspended for up to ninety calendar days. ineligibility period shall be as follows:
3. For each additional violation of this chapter at a 1. For a first violation of this chapter at a location
location within any sixty-month period, the retailer permit within any sixty-month period, no new retailer permit may
shall be suspended for up to one year. be issued for the person or the location(unless ownership of
V
D. Waiver of penalties for first violation.The city or the business at the location has been transferred in an arm's
its designee may waive any penalties for a retailer's first length transaction) until thirty calendar days have passed
{ violation of any requirement,condition or prohibition of this from the date of the violation.
2020 S-76
5.50.140 Cupertino -Business Licenses and Regulations 38
2. For a second violation of this chapter at a location C. The hearing request form shall be deemed filed '
within any sixty-month period, no new retailer permit may on the date received by the agency designated by the city. A
be issued for the person or the location(unless ownership of timely appeal shall stay enforcement of the appealed
the business at the location has been transferred in an arm's penalties while the appeal is ongoing.
length transaction) until ninety calendar days have passed D. After receiving a timely hearing request form,the
from the date of the violation. city or its designee shall schedule an administrative hearing.
3. For each additional violation of this chapter at a The city or its designee shall provide the retailer at least ten
location within any sixty-month period, no new retailer calendar days' written notice of the date, time, and place of
permit may be issued for the person or the location(unless the administrative hearing and the name of the hearing
ownership of the business at the location has been officer who will conduct the hearing. The notice shall be
transferred in an arm's length transaction)until one year has given to the retailer either by email, if requested, or by first
passed from the date of the violation. class mail, postage prepaid.
D. Waiver of penalties for first violation. The city or E. Between the time the retailer requests the
its designee may waive any penalties for a retailer's first administrative hearing and the time of the hearing officer's
violation of this chapter,unless the violation also involves a decision, the retailer, and each of their representatives shall
violation of a law regulating youth access to tobacco not engage in ex parte communications with the hearing
products, if the retailer admits the violation in writing and officer regarding the matters at issue in the hearing.
agrees to forego a hearing on the allegations. Regardless of F. The hearing shall be conducted by the hearing
the city's or its designee's waiver of penalties for a first officer on the date,time, and place specified in the notice to
violation,the violation will be considered in determining the the retailer.A retailer's failure to appear at the hearing shall
penalties for any future violation. constitute an abandonment of the hearing request and a
E. Written notice of penalties. Whenever a fine is failure to exhaust administrative remedies as a precedent to
issued and/or a permit is suspended pursuant to this section, judicially challenge the existence of the violation and the
the city or its designee shall provide the retailer written imposition of the fine and suspension.
notice of the fine and suspension, including when the G. At the hearing, the retailer and the city or its
suspension shall take effect. designee shall have the opportunity to present evidence,
F. Appeals. Any penalties imposed under this including witnesses, relevant to the hearing officer's d.
chapter may be appealed pursuant to this section. A timely determination of the matter. Neither the provisions of the
appeal shall stay enforcement of the appealed penalties while Administration Procedure Act (Government Code Section
the appeal is ongoing. (Ord. 20-2197, § 1 (part), 2020) 11500 et seq.) nor the formal rules of evidence in civil or
criminal judicial proceedings shall apply to such hearing.
5.50.150 Appeals. The hearing officer may admit any evidence, including
A. Any retailer served with a written notice of witnesses,relevant to the determination of the matter,except
penalties may request an administrative hearing to appeal the as otherwise provided in Section 5.50.160(C).
existence of the violation,the amount of the fine, and/or the H. The written notice of penalties and any other
length of the suspension by returning a completed hearing reports prepared by or for the city or its designee concerning
request form to the city or its designee within 10 days from the violation shall be admissible and accepted by the hearing
the date of the written notice of penalties. officer as prima facie evidence of the violatiom and the facts
B. The retailer shall include the following in or with stated in those documents.The hearing officer may continue
the hearing request form: the hearing from time to time, in his or her sole discretion,
1. A statement indicating the reason the retailer to allow for its orderly completion.
contests the written notice of penalties; I. After receiving the evidence submitted at the
2. Any evidence the retailer wants the hearing hearing,the hearing officer may further continue the hearing
officer to consider; and request additional information from either the city, its
3. An advance deposit of the amount of any fine designee, or the retailer.
challenged; and J. After considering the evidence and testimony
4. The address of the retailer and, if available, an submitted, the hearing officer shall issue a written decision
email address that can be used for contact and regarding the matters properly raised in the request for
correspondence by the city or its designee.The retailer may administrative hearing. The hearing officer's decision shall:
request service of notice by mail. 1. Be based on a preponderance of the evidence.
2020 S-76
39 Regulating the Sale of Tobacco Products 5.50.150
2. Include a statement of the reasons for the
decision.
3. Be issued within twenty calendar days of the close
of the hearing.
4. Be served on both the retailer and the city or its
designee.The decision shall be given to the retailer either by
email, if requested, or by first class mail, postage prepaid.
K. Based on the hearing officer's decision, the city
or its designee shall promptly refund to the retailer any
amount of the advance fine deposit the city or its designee is
not entitled to.
L. The hearing officer's written decision shall
constitute the final administrative decision of the city. (Ord.
20-2197, § 1 (part), 2020)
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. 20-2197, § 1 (part), 2020)
5.50.170 No conflict with federal or state law.
Nothing in this Chapter shall be interpreted or applied
so as to create any requirement, power, or duty that is
4 preempted by, or in conflict with, federal or state law,
rules, or regulations. (Ord. 20-2197, § 1 (part), 2020)
2020 S-76
Cupertino - Business Licenses and Regulations 40
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
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 S-76
Cupertino-Buildings and Construction 2
I
16.54.010
CHAPTER 16.54: ENERGY CODE
Section
16.54.010 Adoption of the 2019 California 16.54.040 Local Amendments.
Energy Code. The following provisions of this Chapter shall
16.54.040 Local Amendments. constitute local amendments to the cross-referenced
16.54.100 Scope. provisions of the 2019 California Energy Code and shall be
16.54.110 Definition and Rules of deemed to amend the cross-referenced sections of said code
Construction. with the respective provisions set forth in this Chapter.
(Ord. 19-2193, § 1 (part), 2019)
16.54.010 Adoption of the 2019 California Energy 16.54.100 Scope.
Code. Amend Section 100.0(e)(2)(A) of the 2019 California
A. The provisions of the 2019 California Energy Energy Code to read as follows:
Code, Part 6 of Title 24 of the California Code of
Regulations, and each and all of the regulations,provisions, 2. Newly constructed buildings.
conditions and terms of the code are referred to as if fully A. All newly constructed buildings. Sections
set forth in this chapter, and, except as to additions, 110.0 through 110.12 apply to all newly
deletions and amendments hereinafter described, such code constructed buildings within the scope of
is hereby adopted and made a part hereof, the same as if Section 100.0(a). In addition, newly
fully set forth in this Chapter. Notwithstanding the constructed buildings shall meet the
foregoing, the additions, deletions, and amendments requirements of Subsections B, C, D, or E,
hereinafter described shall not become operative until the as applicable and shall be an All-Electric
California Energy Commission approval process is Building as defined in Section 100,1(b).For
completed. the purposes of All-Electric Building
a. In accordance with California Health and requirements, newly constructed buildings
Safety Code Sections 17958.7 and 18941.5,express findings as defined in Section 100.1 shall not include
that modifications to the Energy Code are reasonably newly constructed additions and tenant
necessary because of local climatic, geological, or improvements in existing buildings.
topographical conditions are either already on file with the Exception 1: Nonresidential F, H, and L
California Building Standards Commission or will be filed Occupancies, or other similar research &
prior to the effective date of the ordinance codified in this development uses as determined by the
Chapter. building official, are exempt from the
b. Pursuant to California Public Resources Code all-electric building provisions of this
Section 25402.1(h)(2), the City Council's findings that section. If this Exception applies, the
modifications to the Energy Code are cost-effective and will applicant shall comply with the pre-wiring
require the diminution of energy consumption levels provision of Note 1 below.
permitted by the Energy Code are either already on file with Exception 2: "Essential Facilities," as
the California Energy Commission or will be filed prior to defined by the California Building Code are j
the effective date of the ordinance codified in this Chapter. exempt from the all-electric building
B. One (1) copy of the code therefore is on file in provisions of this section. If this Exception
the office of the Building Official pursuant to Health and applies, the applicant shall comply with the
Safety Code Section 18942 and is made available for public pre-wiring provision of Note 1 below.
inspection. (Ord. 19-2193, § 1 (part), 2019)
I
91
2020 S-76
19.54.100 Cupertino -Buildings and Construction 92
Exception 3: Non-residential buildings Note 1: If natural gas appliances are used
containing a for-profit restaurant open to the under Exception 1, 2, 3, and/or 4, each
public or an employee kitchen may apply to natural gas appliance location in such
the Building Official for a modification to building must be electrically pre-wired for
install gas-fueled cooking appliances. This future electric appliance installation. Each
request must be based on a business-related such natural gas appliance location shall
reason to cook with a flame that cannot be include the following:
reasonably achieved with an electric fuel i. A dedicated circuit, phased
source.The Building Official may grant this appropriately, for each appliance.
modification if he or she finds the Each such circuit shall have a
following: minimum amperage requirement for a
1. There is a business-related reason to comparable electric appliance (based
cook with a flame; and on the manufacturer ' s
2. This need cannot be reasonably recommendations), an electrical
achieved with an electric fuel source; receptacle or junction box that is
and connected to the electric panel,
3. The applicant has employed conductors of adequate capacity within
reasonable methods to mitigate the 3 feet of the appliance. Each such
greenhouse gas impacts of the circuit shall be accessible with no
gas-fueled appliance. obstructions;
If the Building Official grants a ii. Both ends of the unused conductor or
modification, the applicant shall comply conduit shall be labeled with the
with the pre-wiring provision of Note 1 words For Future Electric
below. Appliance" and be electrically
Exception 4: If the applicant establishes that isolated;
i
there is not an all-electric prescriptive iii. A reserved circuit breaker space shall
compliance pathway for the building under be installed in the electrical panel
the Energy Code, and that the building is adjacent to the circuit breaker for the
not able to achieve the performance branch circuit and labeled for each
compliance standard applicable to the circuit,an example is as follows: "For
building under the Energy Code using Future Electric Range"; and
commercially available technology and an iv. All electrical components, including
approved calculation method, then the conductors, receptacles, junction
Building Official may grant a modification. boxes, or blank covers, related to this
If the Building Official grants a section shall be installed in accordance
modification pursuant to this Exception,the with the California Electrical Code.
applicant shall comply with the pre-wiring Note 2: If a building is entitled to apply
provision of Note 1 below. Exception 1, 2, 3, 4, and/or 5,the Building
Exception 5: Attached Accessory Dwelling Official is authorized to approve alternative
Units and Junior Accessory Dwelling Units materials, design, and methods of
shall be exempt from the all-electric construction or equipment per California
building provisions of this section. For Building Code Section 104.
purposes of this exception, "Accessory
Dwelling Unit" has the same definition as Amend Section 100.0(e)(3)(A) of the 2019 California
set out in Government Code Section Energy Code to read as follows:
65852.2, and "Junior Accessory Dwelling
Unit" has the same definition as set out in 3. New Construction in existing buildings(additions,
Government Code Section 65852.22. alterations and repairs).
2020 S-76
92A Energy Code 16.54.100
A. Nonresidential,high-rise residential,and
hotel/motel buildings. Section 141.0 applies to
new construction in existing nonresidential,
high-rise residential, and hotel/motel buildings.
New construction in existing buildings includes
additions, alterations and repairs. Section 141.0
specifies requirements that uniquely apply to
additions, alterations or repairs to existing
buildings, and specify which requirements in
other sections also apply. For alterations that
change the occupancy classification of the
building, the requirements specific in Section
141.0 apply to the occupancy after alterations.
i. Nonresidential tenant improvements
are not subject to the all-electric
building requirement for new
construction in section 100.0(e)2A.
(Ord. 19-2193, § 1 (part), 2019)
16.54.110 Definitions and Rules of Construction.
Amend Section 100.1(b)of the 2019 California Energy
Code to add the following definition:
ALL-ELECTRIC BUILDING: is a building that has no
natural gas or propane plumbing installed within the
building, and that uses electricity as the sole source of
energy for its space heating,water heating(including indoor
and outdoor pools and spas), cooking appliances, outdoor
kitchens,outdoor fireplaces, and clothes drying appliances.
All-Electric Buildings may include solar thermal pool
heating. (Ord. 19-2193, § 1 (part), 2019)
2020 S-76
Cupertino -Buildings and Construction 92B
2016 S-59
16.58.010
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE
Section
16.58.010 Adoption of the 2019 California 16.58.010 Adoption of the 2019 California Green
Green Building Standards Code. Building Standards Code.
16.58.015 Adoption of Appendix Chapters. A. The provisions of the 2019 California Green
16.58.020 Local Amendments. Building Standards Code and each and all of the regulations,
16.58.030 Title. provisions,conditions and terms of the code is referred to as
16.58.040 Scope. if fully set forth in this chapter, and, except as to additions,
16.58.100 Mandatory Requirements. deletions and amendments hereinafter described, such code
16.58.110 Project Types. is hereby adopted and made a part hereof, the same as if
16.58.120 Residential Projects. fully set forth in this Chapter.
16.58.130 Residential New a. In accordance with California Health and
Construction—Equal to or less than Safety Code Sections 17958.7 and 18941.5,express findings
nine (9)homes. that modifications to the California Green Building
16.58.140 Residential New Standards Code are reasonably necessary because of local
Construction—Greater than nine(9) climatic, geological, or topographical conditions are either
homes or more. already on file with the California Building Standards
16.58.150 Major multi-family.residential Commission or will be filed prior to the effective date of the
renovations/additions. ordinance codified in this Chapter.
16.58.160 Non-residential new construction, B. One (1) copy of the code therefore is on file in
small. the office of the Building Official pursuant to Health and
16.58.170 Non-residential new construction, Safety Code Section 18942 and is made available for public
medium. inspection. (Ord. 19-2193, § 2 (part), 2019)
16.58.180 Non-residential new construction,
large. 16.58.015 Adoption of Appendix Chapters.
16.58.190 Non-residential No Appendix Chapters from the 2019 California Green
renovations/additions, minor. Building Standards Code have been adopted. (Ord.
16.58.200 Non-residential 19-2193, § 2(part), 2019)
renovations/additions, major.
16.58.210 Mixed-Use. 16.58.020 Local Amendments.
16.58.220 Table 101.10—Added. The following provisions of this Chapter shall
16,58.230 Alternate green building standards, constitute local amendments to the cross-referenced
16.58.240 Verification. provisions of the 2019 California Green Building Standards
16.58.260 Exemptions. Code, and shall be deemed to amend the cross-referenced
16.58.280 Definitions, sections of said Code with the respective provisions set forth
16.58.290 Tenant Improvements. in this Chapter. (Ord. 19-2193, § 2 (part), 2019)
16.58.300 Compliance with local water-
efficient landscape 16.58.030 Title.
ordinance—Residential. Amend Section 101.1 of the 2019 California Green
16.58.310 Compliance with local water- Building Standards Code to read as follows:
efficient landscape ordinance—
Non-residential. 101.1 Title. These regulations shall be known as the
16.58.400 Electric vehicle (EV) California Green Building Standards Code as amended by {
charging—Residential. the City of Cupertino and may be cited as such and will be
16.58.420 Electric vehicle (EV) referred to herein as "this code." The California Green
charging—Non-residential.
94A
2020 S-76
16.58.030 Cupertino -Buildings and Construction 94B
Building Standards Code as amended by the City of 16.58.120 Residential projects.
Cupertino is an amendment to Part 11 of 12 parts of the Add Section 101.10.1.1 of the 2019 California Green
official compilation and publication of the adoption, Building Standards Code to read as follows:
amendment and repeal of building regulations to the
California Code of Regulations,Title 24, also referred to as 101.10.1.1 Residential projects - as set for in Table
the California Building Standards Code. (Ord. 19-2193, §2 101.10. (Ord. 19-2193, § 2(part), 2019)
(part), 2019)
16.58.130 Residential New Construction—Equal to
16.58.040 Scope. or less than nine (9) homes.
Amend Section 101.3 of the 2019 California Green Add Section 101.10.1.1.1 of the 2019 California Green
Building Standards Code to read as follows: Building Standards Code to read as follows:
101.3 Scope. The provisions of this code shall apply to 101.10.1.1.1 Residential new construction-Equal
the planning, design, operation, construction, use and to or less than nine (9) homes - as set forth in Table
occupancy of every newly constructed building or structure, 101.10. (Ord. 19-2193, § 2(part), 2019)
unless otherwise indicated in this code for the City of
Cupertino. 16.58.140 Residential New Construction-Greater
than nine (9) homes or more.
The California Green Building Standards Code also is Add Section 101.10.1.1.2 of the 2019 California Green
hereby amended to apply to additions, renovations and Building Standards Code to read as follows:
tenant improvements of privately-owned buildings and
structures in accordance with the provisions of this Chapter. 101.10.1.1.2 Residential new construction -
Greater than nine (9) homes or more - as set forth in
It is not the intent that this code substitute or be Table 101.10. (Ord. 19-2193, § 2(part), 2019)
identified as meeting the certification requirements of any
private,third party green building program. (Ord. 19-2193, 16.58.150 Major multi-family residential
§ 2(part), 2019) renovations/additions.
Add Section 101.10.1.1.3 of the 2019 California Green
16.58.100 Mandatory Requirements. Building Standards Code to read as follows:
Amend Section 101.10 of the 2019 California Green
Building Standards Code to read as follows: 101.10.1.1.3 Major multi-family residential
renovations/additions - as set forth in Table 101.10.
101.10 Mandatory requirements.This code contains Requirements shall only apply to the area of
mandatory green building measures. In addition, this renovation/addition. (Ord. 19-2193, § 2(part), 2019)
Chapter contains required minimum green building measures
as amended by the City of Cupertino. All new buildings and 16.58.160 Non-residential new construction,
structures, additions, renovations and tenant improvements small.
subject to requirements in Table 101.10 shall comply with Add Section 101.10.1.1.4 of the 2019 California Green
the mandatory measures of the 2019 California Green Building Standards Code to read as follows:
Building Standards Code as adopted by the state in addition
to local amendments included in this code, regardless of 101.10.1.1.4 Non-residential new construction,
height or number of stories,unless specifically exempted by small - as set forth in Table 101.10. (Ord. 19-2193, § 2
this code. (Ord. 19-2193, § 2(part), 2019) (part), 2019)
16.58.110 Project Types. 16.58.170 Non-residential new construction,
Add Section 101.10.1 of the 2019 California Green. medium.
Building Standards Code to read as follows: Add Section 101.10.1.1.5 of the 2019 California Green
Building Standards Code to read as follows:
101.10.1 Project Types-as set forth in Table 101.10.
(Ord. 19-2193, § 2(part), 2019) 101.10.1.1.5 Non-residential new construction,
medium- as set forth in Table 101.10. (Ord. .19-2193, § 2 fi
(part), 2019) 4
2020 S-76
94C Green Building Standards Code 16.58.180
16.58.180 Non-residential new construction, large. 16.58.200 Non-residential renovations/additions,
Add Section 101.10.1.1.6 of the 2019 California Green major.
Building Standards Code to read as follows: Add Section 101.10.1.1.8 of the 2019 California Green
Building Standards Code to read as follows:
101.10.1.1.6 Non-residential new construction,
large - as set forth in Table 101.10. (Ord. 19-2193, § 2 101.10.1.1.8 Non-residentialrenovations/additions,
(part), 2019) major - as set forth in Table 101.10. Requirements shall
only apply to the area of renovation/addition. (Ord.
16.58.190 Non-residential renovations/additions, 19-2193, § 2 (part), 2019)
minor.
Add Section 101.10.1.1.7 of the 2019 California Green 16.58.210 Mixed-Use.
Building Standards Code to read as follows: Add Section 101.10.1.1.9 of the 2019 California Green
Building Standards Code to read as follows:
101.10.1.1.7 Non-residential renovations/additions,
minor - as set forth in Table 101.10. Requirements shall 101.10.1.1.9 Mixed-Use - as set forth in Table
only apply to the scope of work of renovation/addition. 101.10. (Ord. 19-2193, § 2 (part), 2019)
(Ord. 19-2193, § 2(part), 2019)
16.58.220 Table 101.10—Added.
Add Table 101.10 of the 2019 California Green
Building Standards Code to read as follows:
Project Type Minimum Green Building Required Verification
Requirement
A. NEW CONSTRUCTION
i
Residential
Single Family and Multi-Family • CALGreen Building Code in City Review
homes equal to or less than 9 accordance with CALGreen's
homes: minimum thresholds.
Single Family and Multi-Family • GPR certified at minimum 50 Third Party GPR or LEED
homes greater than 9 homes: points or certification as applicable
• LEED Silver or Alternate Reference Standard: See
• Alternate Reference Standard Section 101.10.2
per Section 101.10.2
Non-Residential
Small, less than 25,000 SF: • CALGreen Building Code *per City Review
Chapter 5 of the California
Green Building Standards Code
Mid-size, from 25,000 to 50,000 LEED Certified or Third Party LEED Certification
SF: • Alternate Reference Standard Alternate Reference Standard: See
per Section 101.10.2 Section 101.10.2
Large, greater than 50,000 SF: LEED Silver or Third Party LEED Certification
• Alternate Reference Standard Alternate Reference Standard: See
per Section 101,10.2 Section 101.10.2
4
i
2020 S-76
16.58.220 Cupertino -Buildings and Construction 94D
Project Type Minimum Green Building Required Verification
Requirement
B. RENOVATIONS AND ADDITIONS
Residential
Single-family • CALGreen Building Code in City Review
accordance with CALGreen's
minimum thresholds.
Multi-family (minor): • CALGreen Building Code in City Review
accordance with CALGreen's
minimum thresholds.
Multi-family(major): Renovations • GPR minimum 50 pts or Third Party GPR or LEED
and/or additions with a Floor Area • LEED Certified or Certification as applicable
Ratio (FAR) increase z 50% and at • LEED EBOM Certified or Alternate Reference Standard: See
least 35,000 square feet, and that • Alternate Reference Standard Section 101.10.2
replace or substantially alter the per Section 101.10.2
HVAC system and at least two of the
following: building envelope, hot
water system and lighting system.
Non-Residential
Minor: Renovations and/or additions • CALGreen Building Code in City Review
that do not meet the higher thresholds accordance with CALGreen's
for "major renovations and additions" minimum thresholds.
outlined as defined in(ii)below.
Major: Renovations and/or additions • LEED Certified(applicable only Third Party LEED Certification
that comprise at least 35,000 square to the area of renovation/ Alternate Reference Standard: See
feet, and replace or substantially alter addition) or Section 101.10.2
the HVAC system and two of the • LEED EBOM Certified or
following: building envelope, hot • Alternate Reference Standard
water system, and lighting system. per Section 101.10.2
Mixed-Use
For new and renovation/addition projects with residential and non-residential components, the use shall comply by
either:
1. Meeting the applicable requirements for each use; or
2. Meeting the applicable requirements for the use that comprises the majority of the project's square footage where
uses are attached and/or combined in a building.
Notes:
"Major" renovations and/or additions apply only to the area of the renovation/addition unless the LEED EBOM
Certified option is selected.
*Chapter 5 of the California Green Building Standards Code(Cal Green Mandatory)requirements shall only be applied
to elements included in the scope of a project, unless otherwise required by the California Green Building Standards
Code.
(Ord. 19-2193, § 2 (part), 2019)
2020 S-76
94E Green Building Standards Code 16.58.230
16.58.230 Alternate green building standards. b. Building Permit.
Add Section 101.10.2 of the 2019 California Green i. Proof of project registration with
Building Standards Code to read as follows: administrating body of the applicable
reference standard, and
101.10.2 Alternate green building standards. The ii. A green building checklist that
applicant may request to apply an alternate green building includes cross-references to
standard for a project in lieu of the minimum standards per appropriate locations in the
Table 101.10. In making a determination in response to an construction documents for all
application under this section, the Building Official may prerequisites and selected points or
allow an alternate standard if he/she finds that the proposed credits; that demonstrate that the
alternative standard complies with all of the following: proposed project meets the applicable
A. Addresses a comprehensive scope of green minimum requirements, and
building issues including energy efficiency,water c. Green Building Deposit.The green building
efficiency, resource efficient materials, and deposit in an amount that may be set from
healthy building practices; time to time by resolution of the City
B. Applies standards that are, when taken as a Council. The applicant may provide the
whole, as stringent as the GPR and LEED deposit in the form of cash or in any other
standards; form that the City finds acceptable to meet
C. Includes a formalized certification process that the purposes of this Section. The full
incorporates third party verification; and amount of the deposit shall be returned
D. The project will advance the purposes of this upon the certification document being
Chapter. (Ord. 19-2193, § 2 (part), 2019) provided per 102.3(A)(c). If however,the
project does not meet the requirements of
16.58.240 Verification. this Chapter, as applied to the project, then
Amend Section 102.3 of the 2019 California Green the City shall retain the full amount of the
Building Standards Code to read as follows: deposit, and shall use the deposit solely to
advance the purposes of this Chapter.
102.3 Verification. Documentation of conformance d. Time Limit. Within 18 months of Final
for applicable green building measures shall be provided to Occupancy-Provide certification document
the City of Cupertino.Verification that the project meets the for LEED,GPR or alternate rating standard
applicable environmental standards occurs through either the in a form accepted by the City per Table
Third Party process or City Review per the requirements in 101.10. The Building Official may grant a
Table 101.10. The following lists the verification one-time 6-month extension. (Ord.
requirements for Third Party verification, and alternative 19-2193, §2(part), 2019)
methods:
A. Third Party Certification. A project will be 16.58.260 Exemptions.
required to meet the Third Party certification Added Section 102.3.1 of the 2019 California Green
process if the City determines that the project Building Standards Code to read as follows:
meets or exceeds the applicable thresholds listed
in Table 101.10. The applicant shall submit all 102.3.1 Exemptions. The Building Official shall
of the following to the City, in addition to other determine the maximum feasible threshold of compliance
application requirements, to assist the City in reasonably achievable for the project. Projects that are
determining compliance with the green building exempted from the requirements of the California Green
requirements: Building Standards Code as amended by the City of
a. Planning Application. A green building Cupertino shall meet the requirement in section A and at
checklist that includes cross-references to least one of the requirements in sections B-D:
appropriate locations in the construction A. Projects that demonstrate that it is not feasible for
documents for all prerequisites and selected the project to fully meet the green building
points or credits that demonstrates that the requirements and that the purposes of this chapter
proposed project meets the applicable will have been achieved to the maximum extent
minimum requirements. possible shall be exempted only for the specific
rating system prerequisite that has been
determined to be infeasible.
2020 S-76
16.58.260 Cupertino -Buildings and Construction 94F
B. Projects that demonstrate compliance with this G. "Required Verification"means the standards that `
code but which will conflict with the Cupertino correspond to the requirements of a particular
General Plan and/or Municipal Code Ordinance, green building rating system and project type, as
such as those requiring historic preservation as listed in column 3 of Table 101.10, for which
determined by the Director of Community verification procedures are fully set forth in
Development; or Section 102.3.
C. Projects that demonstrate compliance with this H. "Feasible" means capable of being accomplished
code but which will conflict with the California in a successful manner within a reasonable period
Building Standards Code; or of time, taking into account economic,
D. Projects with atypical energy-related design environmental, social, and technological factors.
requirements and/or patterns of use that make I. "EV Capable" means a parking space linked to a
compliance with the thresholds of this code listed electrical panel with sufficient capacity to
infeasible. (Ord. 19-2193, §2 (part), 2019) provide at least 110/120 volts and 20 amperes to
the parking space. Raceways linking the
16.58.280 Definitions. electrical panel and parking space only need to be
Amend Section 202 of the 2019 California Green installed in spaces that will be inaccessible in the
Building Standards Code to add or amend the following future, either trenched underground or where
definitions: penetrations to walls, floors, or other partitions
would otherwise be required for future
A. "Building Envelope" means the separation installation of branch circuits. Raceways must be
between the interior and the exterior at least 1" in diameter and may be sized for
environments of a building in order to provide multiple circuits as allowed by the California
structural integrity,moisture control,temperature Electrical Code. The panel circuit directory shall
control, and air pressure control. The principal identify the overcurrent protective device
physical components of the building envelope space(s) reserved for EV charging as "EV �.
include the foundation, roof, walls, and CAPABLE." Construction documents shall
windows. indicate future completion of raceway from the
B. "Decision maker" means the person or entity panel to the parking space, via the installed
with final approval authority over the underlying inaccessible raceways.
project. J. "Level 1 EV Ready Circuit" means a parking
C. "Green Building Checklist" means a checklist, space served by a complete electric circuit with
typically with prerequisites and credits and/or a minimum of 110/120 volt, 20-ampere capacity
points that is developed by the administrators of including electrical panel capacity,overprotection
green building certification systems and used to device, a minimum 1"diameter raceway that may
determine whether a development project can include multiple circuits as allowed by the
achieve certification. California Electrical Code, wiring, and either a)
D. "Green Point Rated (GPR)" means a residential a receptacle labelled "Electric Vehicle Outlet"
green building rating system developed by Build with at least a 1/2" font adjacent to the parking
It Green. Projects can use any of the adopted space, or b) electric vehicle supply equipment
GPR checklists that most appropriately apply to (EVSE).
the project type proposed. K. "Level 2 EV Ready Circuit" means a parking
E. "Leadership in Energy and Environmental Design space served by a complete electric circuit with
(LEED) means a green building rating system 208/240 volt, 40-ampere capacity including
developed by the U.S. Green Building Council electrical panel capacity, overprotection device,
for residential and non-residential projects. a minimum 1"diameter raceway that may include
Projects can use any of the adopted LEED multiple circuits as allowed by the California
checklists that most appropriately apply to the Electrical Code, wiring, and either a) a
project type proposed. receptacle labelled"Electric Vehicle Outlet"with
F. "Minimum Green Building Requirement" means at least a 1/2" font adjacent to the parking space,
the minimum green building requirement that or b) electric vehicle supply equipment (EVSE)
applies to a particular project, as listed in column with a minimum output of 30 amperes.
2 of Table 101.10,
2020 S-76
94G Green Building Standards Code 16.58.280
I
L. "Electric Vehicle Charging Station (EVCS)" 5.304.1.1 Compliance with local water-efficient
means a parking space that includes installation landscape ordinance.Non-residential projects must comply
of electric vehicle supply equipment(EVSE)with with the City of Cupertino's Landscape Ordinance,pursuant
a minimum output of 30 amperes connected to a to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
Level 2 EV Ready Circuit. EVCS installation 19-2193, § 2(part), 2019)
may be used to satisfy a Level 2 EV Ready
Circuit requirement. 16.58.400 Electric vehicle (EV)
M. "Automatic Load Management Systems(ALMS)" Charging—Residential.
means a control system which allows multiple Amend Section 4.106.4 of the 2019 California Green J
Level 2 EV chargers to share a circuit or panel Building Standards Code to read as follows:
and automatically reduce power at each charger,
providing the opportunity to reduce electrical 4.106.4 Electric vehicle (EV) charging for new
infrastructure costs and/or provide demand construction. New construction shall comply with Sections
response capability. ALMS is only allowed for 4.106.4.1 and 4.106.4.2 to facilitate future installation and
Level 2 EVCS, Level 2 EV Ready, and Level 1 use of EV chargers.
EV Ready Circuits. ALMS systems must be Exceptions:
designed to deliver at least 1.4kW per charger. 1. Accessory Dwelling Units (ADU) and
The connected amperage on-site shall not be Junior Accessory Dwelling Units (JADU)
lower than the required connected amperage per without additional parking facilities. (Ord.
Part 11,2019 California Green Building Code for 19-2193, § 2(part), 2019)
the relevant building types.
N. "Affordable Housing"means residential buildings Amend Section 4.106.4.1 of the 2019 California Green
that entirely consist of units below market rate Building Standards Code to read as follows:
and whose rents or sales prices are determined by
local agencies to be affordable based on area 4.106.4.1 New one- and two-family dwellings and
median income. (Ord. 19-2193, §2(part), 2019) town- houses with attached private garages. For each
dwelling unit, install a Level 2 EV Ready Circuit and Level
16.58.290 Tenant Improvements. 1 EV Ready Circuit.
Amend Section 303.1.1 of the 2019 California Green Exception: For each dwelling unit with only one
Building Standards Code to read as follows: parking space, install a Level 2 EV Ready
Circuit.
303.1.1 Tenant improvements. Except as specified
herein, the provisions of this code shall apply to the Amend Section 4.106.4.1.1 of the 2019 California
applicable tenant or occupant improvements to a project. Green Building Standards Code to read as follows:
(Ord. 19-2193, §2(part), 2019)
4.106.4.1.1 Identification. The raceway termination
16.58.300 Compliance with local water-efficient location shall be permanently and visibly marked as "Level
landscape ordinance—Residential. 2 EV-Ready".
Add Section 4.304.1.1 of the 2019 California Green
Building Standards Code to read as follows: Amend Section 4.106.4.2 of the 2019 California Green
Building Standards Code to read as follows:
4.304.1.1 Compliance with local water-efficient 1
landscape ordinance. Residential projects must comply 4.106.4.2 New multifamily dwellings.The following 1
with the City of Cupertino's Landscape Ordinance,pursuant requirements apply to all new multifamily dwellings:
to Chapter 14.15 of the Cupertino Municipal Code. (Ord. 1. For multifamily buildings with less than or equal
19-2193, §2(part), 2019) to 20 dwelling units, one parking space per
dwelling unit with parking shall be provided with
16.58.310 Compliance with local water-efficient a Level 2 EV Ready Circuit.
landscape ordinance—Non-Residential. 2. When more than 20 multifamily dwelling units
Add Section 5.304.1.1 of the 2019 California Green are constructed on a building site:
Building Standards Code to read as follows:
I
2020 5-76
16.58.400 Cupertino -Buildings and Construction 94H
a. 25% of the dwelling units with parking Amend Section 4.106.4.2.2 of the 2019 California
space(s) shall be provided with at least one Green Building Standards Code to read as follows:
Level 2 EV Ready Circuit. Calculations for
the required minimum number of Level 2 4.106.4.2.2 Electric vehicle charging space (EV
EV Ready spaces shall be rounded up to the space) dimensions.Applicants shall size EV spaces as
nearest whole number. specified by the Building Official.
b. In addition, each remaining dwelling unit
with parking space(s)shall be provided with Delete Section 4.106.4.2.3 of the 2019 California
at least a Level 1 EV Ready Circuit. Green Building Standards Code in its entirety.
Exception: For all multifamily Affordable
Housing, 10% of dwelling units with Delete Section 4.106.4.2.4 of the 2019 California
parking space(s) shall be provided with at Green Building Standards Code in its entirety.
least one Level 2 EV Ready Circuit.
Calculations for the required minimum Delete Section 4.106.4.2.5 of the 2019 California
number of Level 2 EV Ready spaces shall Green Building Standards Code in its entirety. (Ord.
be rounded up to the nearest whole number. 19-2193, § 2(part), 2019)
The remaining dwelling units with parking
space(s)shall each be provided with at least 16.58.420 Electric vehicle (EV)
a Level 1 EV Ready Circuit. charging—Non-Residential.
Notes: Amend Section 5.106.5.3 of the 2019 California Green
1. ALMS may be installed to decrease Building Standards Code to read as follows:
electrical service and transformer costs
associated with EV Charging Equipment 5.106.5.3 Electric vehicle (EV) charging. New
subject to review of the authority having construction shall comply with Section 5.106.5.3.1 or
jurisdiction. Section 5.106.5.3.2 to facilitate future installation and use �,-
2. Installation of Level 2 EV Ready Circuits of EV chargers.
above the minimum number required level Exception:
may offset the minimum number Level 1 1. Where there is no commercial power supply.
EV Ready Circuits required on a 1:1 basis. 2. Nonresidential tenant improvements.
3. The requirements apply to multifamily
buildings with parking spaces including: a) Amend Section 5.106.5.3.1 of the 2019 California
assigned or leased to individual dwelling Green Building Standards Code to read as follows:
units,andb)unassigned residential parking.
4. Local jurisdictions may consider allowing 5.106.5.3.1 Office buildings: In nonresidential new
exceptions through their local process, on a construction buildings designated primarily for office use
case by case basis, if a building permit with parking:
applicant provides documentation detailing 1. When 10 or more parking spaces are constructed,
that the increased cost of utility service or 20% of the available parking spaces on site shall
on-site transformer capacity would exceed be equipped with Level 2 EVCS;
an average of$4,500 among parking spaces 2. An additional 10% shall be provided with at least
with Level 2 EV Ready Circuits and Level Level 1 EV Ready Circuits; and
1 EV Ready Circuits. If costs are found to 3. An additional 30% shall be at least EV Capable.
exceed this level,the applicant shall provide Calculations for the required minimum number of
EV infrastructure up to a level that would spaces equipped with Level 2 EVCS, Level 1 EV
not exceed this cost for utility service or Ready spaces and EV Capable spaces shall all be
on-site transformer capacity. rounded up to the nearest whole number.
5. In order to adhere to accessibility Construction plans and specifications shall demonstrate
requirements in accordance with California that all raceways shall be a minimum of 1" and
Building Code Chapters 11A and/or 11B, it sufficient for installation of EVCS at all required Level
is recommended that all accessible parking 1 EV Ready and EV Capable spaces; Electrical
spaces for covered newly constructed calculations shall substantiate the design of the
multifamily dwellings are provided with electrical system to include the rating of equipment and
Level 1 or Level 2 EV Ready Circuits.
2020 S-76
94I Green Building Standards Code 16.58.420
any on-site distribution transformers, and have 2. See Vehicle Code Section 22511 for.EV charging
sufficient capacity to simultaneously charge EVs at all spaces signage in off-street parking facilities and
required EV spaces including Level 1 EV Ready and for use of EV charging spaces.
EV Capable spaces; and service panel or subpanel(s) 3. The Governor's Office of Planning and Research
shall have sufficient capacity to accommodate the published a Zero-Emission Vehicle Community
required number of dedicated branch circuits)for the Readiness Guidebook which provides helpful
future installation of the EVSE. information for local governments, residents and
Notes: businesses . www . opr . ca. gov/
1. ALMS may be installed to increase the number of does/ZEV_Guidebook.pdf.
EV chargers or the amperage or voltage beyond 4. Section 11B-812 of the 2019 California Building
the minimum requirements in this code. The Code requires that a facility providing EVCS for
option does not allow for installing less electrical public and common use also provide one or more
panel capacity than would be required without accessible EVCS as specified in Table
ALMS. 11B-228.3.2.1. Chapter 11B applies to certain
facilities including, but not limited to, public
Amend Section 5.106.5.3.2 of the 2019 California accommodations and publicly funded housing l
Green Building Standards Code to read as follows: (see section 1.9 of Part 2 of the California
Building Code). Section 11B-812 requires that
5.106.5.3.2 Other nonresidential buildings: In "Parking spaces, access aisles and vehicular
nonresidential new construction buildings that are not routes serving them shall provide a vertical
designated primarily for office use, such as retail or clearance of 98 inches(2489 mm)minimum." It
institutional uses: also requires that parking spaces and access aisles
1. When 10 or more parking spaces are constructed, meet maximum slope requirements of 1 unit
6% of the available parking spaces on site shall vertical in 48 units horizontal (2.083 percent
be equipped with Level 2 EVCS; slope)in any direction at the time of new building
y 2. An additional 5% shall be at least Level 1 EV construction or renovation. Section 11B-812.5
Ready. contains accessible route requirements. j
Calculations for the required minimum number of 5. It is encouraged that shared parking, EV Ready
spaces equipped with Level 2 EVCS and Level 2 are designated as "EV preferred." .
EV Ready spaces shall be rounded up to the
nearest whole number. Delete Table 5.106.5.3.3 of the 2019 California Green
Exception: Installation of each Direct Current Fast Building Standards Code in its entirety. 1
Charger with the capacity to provide at least 80 kW
output may substitute for 6 Level 2 EVCS and 5 EV Amend Section 5.106.5.3.4 of the 2019 California
Ready spaces after a minimum of 6 Level 2 EVCS and Green Building Standards Code to read as follows:
5 Level 1 EV Ready spaces are installed.
5.106.5.3.4 [N] Identification. The raceway
Amend Section 5.106.5.3.3 of the 2019 California termination location shall be permanently and visibly marked
Green Building Standards Code to read as follows: as "EV Ready".
5.106.5.3.3 Clean Air Vehicle Parking Designation. Delete Section 5.106.5.3.5 of the 2019 California
EVCS qualify as designated parking as described in Section Green Building Standards Code in its entirety. (Ord.
5.166.5.2 Designated parking for clean air vehicles. 19-2193, § 2 (part), 2019)
Notes:
1. The California Department of Transportation
adopts and publishes the California Manual on
Uniform Traffic Control Devices (California
MUTCD) to provide uniform standards and
specifications for all official traffic control
devices in California. Zero Emission Vehicle
Signs and Pavement Markings can be found in
the New Policies & Directives number 13-01.
www.dot.ca.gov/hq/traffoT)s/T)olicy/13-01.T)df,
2020 S-76
Cupertino -Buildings and Construction 94J
19.08.010
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and applicability. F. The words "activities" and "facilities" include
19.08,020 General rules for construction of any part thereof.
language. G. Unless the context clearly indicates to the
19.08.030 Definitions, contrary, the following conjunctions shall be interpreted as
Appendix A: Cupertino Standard Detail 7-2 follows:
Corner Triangle- Controlled 1. "And" indicates that all connected items or
Intersections. provisions shall apply;
Appendix B: Cupertino Standard Detail 7-4 2. "Or" indicates that the connected items or
Corner Triangle-Uncontrolled provisions may apply singly or in any combination;
Intersections. 3. "Either. . . or" indicates that the connected items
Appendix C: Cupertino Standard Detail 7-6 or provisions shall apply singly but not in combination.
Sidewalk Site Triangle (Sidewalk H. The words "lot" and "parcel" are
Clearance at Driveways). interchangeable.
Appendix D: Examples of How to Measure Sign I. The word "building" includes, the word
Area. "structure."
J. All public officials,bodies,and agencies to which
reference is made are those of the City unless otherwise
19.08.010 Purpose and Applicability. indicated.
The purpose of this chapter is to promote consistency K. "City" means the City of Cupertino. (Ord.
and precision in the interpretation of zoning regulations. 14-2125, §3(part),2014; Ord. 2085, §2(part),2011;Ord.
The meaning and construction of words and phrases defined 1601, Exh. A (part), 1992)
in this chapter shall apply throughout the zoning regulations,
except where the context of such word or phrases clearly 19.08.030 Definitions.
indicates a different meaning or construction. (Ord. Throughout this title the following words and phrases
14-2125, §3(part),2014;Ord.2085, §2(part),2011;Ord. shall have the meanings ascribed in this section.
1601, Exh. A (part), 1992) A. "A" Definitions:
"Abandon" means to cease or discontinue a use or
19.08.020 General Rules for Construction of activity without intent to resume, but excluding temporary
Language, or short-term interruptions to a use or activity during periods
The following general rules of construction shall apply of remodeling, maintaining, or otherwise improving or
to the text of the zoning regulations: rearranging a facility, or during normal periods of vacation
A. The particular shall control the general. or seasonal closure.
B. In case of any difference of meaning or "Abutting" means having property or district lines in
implication between the text of any provision and any common.
caption or illustration, the text shall control. "Accessory building" means a building which is jl
C. The word "shall" is always mandatory and not incidental to and customarily associated with a specific
discretionary. The word "may" is discretionary. principal use or facility and which meets the applicable
D. References in the masculine and feminine genders conditions set forth in Chapter 19.100, Accessory
are interchangeable. Buildings/Structures.
E. Words used in the singular include the plural,and "Accessory dwelling unit" means an attached or a
the plural includes the singular, unless the context clearly detached residential dwelling unit which provides complete
indicates the contrary. independent living facilities for one or more persons.It shall
include permanent provisions for living, sleeping, eating,
5
2016 S-59
19.08.030 Cupertino- Zoning 6
cooking and sanitation on the same parcel as the "Advertising statuary" means a structure or device of
single-family dwelling is situated. An accessory dwelling any kind or character for outdoor advertising purposes
unit also includes the following: which displays or promotes a particular product or service,
1. An efficiency unit, as defined in Section 17958.1 but without name identification.
of Health and Safety Code. "Aerial" means a stationary transmitting and/or
2. A manufactured home, as defined in Section receiving wireless communication device consisting of one
18007 of the Health and Safety Code. or any combination of the elements listed below:
3. "Junior accessory dwelling unit" means a unit 1. "Antenna"means a horizontal or vertical element
that is no more than 500 square feet in size and contained or array, panel or dish that may be attached to a mast or a
entirely within an existing single-family structure. Junior tower for the purpose of transmitting or receiving radio or
accessory dwelling units must include an efficiency kitchen, microwave frequency signals.
which must include both a cooking facility with appliances 2. "Mast" means a vertical element consisting of a
and a food preparation counter and storage cabinets that are tube or rod which supports an antenna.
of a reasonable size in relation to the size of the unit. A 3. "Tower" means a vertical framework of cross
junior accessory dwelling unit may include separate elements which supports either an antenna, mast or both.
sanitation facilities, or may share sanitation facilities with 4. "Guy wires"means wires necessary to insure the
the existing structure, as defined in California Government safety and stability of an antenna, mast or both.
Code Section 6582.22. "Affordable housing cost" means the amount set forth
"Accessory structure" means a subordinate structure, in the Health and Safety Code Section 50052.5, as may be
the use of which is purely incidental to that of the main amended.
building and which shall not contain living or sleeping "Affordable rent" means the amount set forth in the
quarters. Examples include a deck, tennis courts, trellis or Health and Safety Code Section 50053, as may be amended.
car shelter. Fences eight feet or less are excluded. "Affordable units" means housing units available at
"Addition"means any construction which increases the affordable rent or affordable housing cost to lower or
size of a building or facility in terms of site coverage, moderate income households.
height, length, width, or gross floor area ratio. "Agriculture" means the tilling of the soil, the raising
"Adjacent property" means property that abuts the of crops, horticulture, agriculture, livestock farming,
subject property, including property whose only contiguity dairying, or animal husbandry, including slaughterhouses,
to the subject site is a single point and property directly fertilizer yards, bone yard, or plants for the reduction of
opposite the subject property and located across a street. animal matter or any other similar use.
"Adult bookstore" means a building or portion thereof "Alley" means a public or private vehicular way less
used by an establishment having as a substantial or than thirty feet in width affording a secondary means of
significant portion of its stock in trade for sale to the public vehicular access to abutting property.
or certain members thereof, books, magazines, and other "Alteration", for purposes of the Sign Ordinance,
publications which are distinguished or characterized by means any permanent change to a sign.
their emphasis on matter depicting, describing or relating to "Alteration" means any construction or physical
"specified sexual activities"or"specified anatomical areas," change in the arrangement of rooms or the supporting
as hereinafter defined. members of a building or structure,or change in the relative
"Adult cabaret" means a building or portion thereof position of buildings or structures on a site, or substantial
used for dancing purposes thereof or area used for change in appearances of any building or structure.
presentation or exhibition or featuring of topless or 1. "Incidental alteration" means any alteration to
bottomless dancers,strippers,male or female impersonators interior partitions or interior supporting members of a
or similar entertainers, for observations by patrons or structure which does not increase the structural strength of
customers. the structure;any alteration to electrical,plumbing,heating,
"Adult motion picture theater" means a building or air conditioning, ventilating, or other utility services,
portion thereof or area, open or enclosed, used for the fixtures, or appliances; any addition, closing, or change in
presentation of motion pictures distinguished or size of doors or windows in the exterior walls; or any
characterized by an emphasis on matter depicting,describing replacement of a building facade which does not increase the
or relating to "specified sexual activities" or "specified structural strength of the structure.
anatomical areas,"as hereinafter defined,for observation by 2. "Structural alteration" means any alteration not
patrons or customers. deemed an incidental alteration. f
2020 5-76
6A Definitions 19.08.030
"Amusement park"means a commercial facility which from shelves. The sale of alcoholic beverages on the site is
supplies various forms of indoor and outdoor entertainment governed by Chapter 19.132, Concurrent Sale of Alcoholic
and refreshments. Beverages and Gasoline.
Animal: "Automotive repair and maintenance (minor)" means
1. Animal,Adult. "Adult animal"means any animal the supplying of routine automotive services such as
four months of age or older. lubrication, engine tune-ups, smog certificates, servicing of
2. Animal, Large. "Large animal" means any tires, brakes, batteries and similar accessories, and minor
equine, bovine, sheep, goat or swine or similar domestic or repairs involving engine accessories. Any repair which
wild animal, as determined by the Planning Commission. requires the engine, drive train, transmission assembly,
3. Animal, Small. "Small animal" means animals exhaust system, or drive train parts to be removed from a
which are commonly found in single-family residential areas motor vehicle or requires the removal of internal parts shall
such as chickens, ducks, geese, rabbits, dogs, cats, etc. not be considered minor.Body and paint shop operations are
"Animal care" means a use providing grooming, not minor repairs or maintenance.
housing, medical care, or other services to animals, "Average slope"means the ratio between vertical and
including veterinary services, animal hospitals,overnight or horizontal distance expressed in percent; the mathematical
short-term boarding ancillary to veterinary care, indoor or expression is based upon the formula described below:
outdoor kennels, and similar services.
"Apartment" means a room or a suite of two or more
rooms which is designed for, intended for, and occupied by S_ I x L x 100
one family doing its cooking there. A
"Apartment house" means a building designed and
used to house three or more families, living independently S = Average slope of ground in percent;
of each other. L = Combined length in feet of all contours on parcel;
"Apartment project" means a rental housing I = Contour interval in feet;
development consisting of two or more dwelling units. A = Area of parcel in square feet.
"Approval Body" means the Director of Community B. "B" Definitions:
Development and his/her designee, the Planning "Banks" means financial institutions including
Commission or City Council depending upon context. federally-chartered banks, savings and loan associations,
"Architectural feature" means any part or industrial loan companies,and credit unions providing retail
appurtenance of a building or structure which is not a banking services to individuals and businesses. This
portion of the living area of the building or structure. classification does not include payday lending businesses or
Examples include: cornices, canopies, eaves, awnings, check cashing businesses. The term "payday lending
fireplaces, or projecting window elements. Patio covers or business" as used herein means retail businesses owned or
any projection of the floor area shall not constitute an operated by a"licensee"as that term is defined-in California
architectural projection. Financial Code Section 23001(d), as amended from time to
"Architectural projection," for purposes of the Sign time. The term "check cashing business" as used herein
Ordinance, means any permanent extension from the means a retail business owned or operated by a "check
structure of a building, including the likes of canopies, casher" as that term is defined in California Civil Code
awnings and fascia. Section 1789.31 as amended from time to time.
"Atrium" means a courtyard completely enclosed by "Banner" means a temporary display consisting of
walls and/or fences. fabric, canvas,plastic or paper material which is attached to
"Attic" means an area between the ceiling and roof of a building, vehicle, pole or other form of support.
a structure, which is unconditioned (not heated or cooled) "Basement' means any floor below the first story in a
and uninhabitable. building that is fully submerged below grade except for
"Automotive service station" means a use providing lightwells required for light, ventilation and emergency
gasoline, oil,tires, small parts and accessories, and services egress. A basement may have a maximum exterior wall
incidental thereto, for automobiles, light trucks, and similar height of two feet between natural grade and ceiling.
motor vehicles.Automotive maintenance and repair(minor) "Block" means any lot or group of contiguous lots j
may be conducted on the site. The sale of food or grocery bounded on all sides by streets, railroad rights-of-way, or
items on the same site is prohibited except for soft drinks waterways, and not traversed by any street, railroad
and snack foods,either from automatic vending machines or right-of-way or waterway.
2020 S-76
19.08.030 Cupertino - Zoning 6B
"Boarding house" means any building used for the
renting of rooms or providing of table board for from three
to five persons,inclusive,over the age of sixteen years,who
are not members of the same family.
2020 S-76
11 Definitions 19.08.030
"Habitable space" means space in a structure for or intended to be used by temporary overnight occupants,
living, sleeping, eating or cooking. Bathrooms, toilet whether on a transient or residential occupancy basis, and
compartment, closets, halls, storage or utility space and whether or not eating facilities are available on the premises,
similar areas are not considered habitable space. Hotel includes motel, motor hotel, tourist court, or similar
"Heavy equipment" means any mechanical or use,but does not include mobilehome parks or similar uses.
motorized device that is not a vehicle or a commercial "Household pets" means small animals commonly
vehicle as defined in Section 19.08.030(V), including, but found in residential areas such as chickens, ducks, geese,
not limited to, a backhoe,cement mixer, crane,ditch witch, rabbits, dogs, and cats, but excluding animals such as any
dozer,earth mover,generator,grader,tractor or any similar bovine or equine animal, or any goat, sheep or swine. This
device. title does not regulate the keeping of small household pets,
"Height" means a vertical distance measured parallel such as fish, birds or hamsters, which is incidental to any
to the natural grade to the highest point of exterior permitted use.However,no animal includinghouseholdpets
construction, exclusive of chimneys, antennas or other may be kept, maintained and/or raised for commercial
appurtenances, except that entry features are measured to purposes except where permitted with required permits.
the top of the wall plate. "Household type"means whether the occupants of the
Height restriction shall be established by establishing housing units are very low income,lower income,moderate
a line parallel to the natural grade. income, or senior citizens.
"Height", for purposes of the Accessory "Housing development" means for the purposes of
Buildings/Structures, encompasses the entire wall plane Chapter 19.56, Density Bonus, a development project for
nearest the property line, including roof, eaves, and any five or more residential units. For the purposes of that
portion of the foundation visible above the adjoining finished chapter, "housing development"also includes a subdivision
grade. or common interest development, approved by the City that
consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the
substantial rehabilitation of an existing multifamily dwelling,
as defined in Government Code Section 65863A(d), where
the result of the rehabilitation would be a net increase in
P ate
available residential units.
Entry
Feature I. "I" Definitions:
a "Industrial district," for purposes of the Sign
Ordinance, means all ML districts and any other zoning
Natural classifications which are consistent with the industrial
Grade designation of the Cupertino general plan.
"Institutional district," for purposes of the Sign
HEIGHT LIMIT FOR ENTRY FEATURES Ordinance, means all BQ, PR, FP, and BA districts and
other zoning classifications and uses which are considered
"Home occupation" means a business, profession, institutional in nature and are consistent with the institutional
occupation or trade activity which is performed by the or quasi-public designation of the general plan.
resident(s)of a dwelling unit within that dwelling unit, or a J. "J" Definitions:
yard area or garage associated with that dwelling unit, or a "hunkyard" means the use of more than two hundred
yard area or garage associated with that unit, for purposes square feet of the area of any lot for the storage or keeping
of generating income, by means of the manufacture, and/or of junk, including scrap metals or other scrap material,
sale of goods and/or services, but which activity is clearly and/or for the dismantling or wrecking of automobiles or
incidental to the use of the dwelling for residential purposes. other vehicles or machinery.
"Hospital" means a facility for providing medical, K. "K" Definitions:
psychiatric or surgical services for sick or injured persons, "Kitchen" means an area in habitable space used for
primarily on an inpatient basis, and including ancillary the preparation of food and including at least three of the
facilities for outpatient and emergency treatment,diagnostic following:
services, training, research, administration, and service to 1. Cooking appliance(s) or provision for a cooking
patients, employees or visitors. appliance(such as 220V outlets, gas connections and space
"Hotel"means a facility containing rooms or groups of for appliances between counters;
rooms, generally without individual kitchen facilities, used 2. Counter;
3. Refrigerator;
2020 S-76
19.08.030 Cupertino - Zoning 12
4. Sink. used for occupancy by more than two persons; each
L. "L" Definitions: two-person capacity shall be deemed a separate lodging unit
"Landscaping"means an area devoted to or developed for the purpose of determining residential density;each two
and maintained with native or exotic planting,lawn, ground lodging units shall be considered the equivalent of one
cover, gardens, trees, shrubs, and other plant materials, dwelling unit.
decorative outdoor landscape elements, pools, fountains, "Lot"means a parcel or portion of land separated from
water features, paved or decorated surfaces of rock, stone, other parcels or portions by description, as on a subdivision
brick, block or similar material (excluding driveways, or record of survey map, or by metes and bounds, for
parking,loading or storage areas), and sculptural elements. purpose of sale, lease or separate use.
"Late evening activities" means an activity which 1. "Corner lot" means a lot situated at the
maintains any hours of operation during the period of eleven intersection of two or more streets, or bounded on two or
p.m. to seven a.m. more adjacent sides by street lines.
"Legal substandard lot"means any parcel of land or lot 2. "Flag lot"means a lot having access to a street by
recorded and legally created by the County or City prior to means of a private driveway or parcel of land not otherwise
March 17, 1980, which lot or parcel is of less area than meeting the requirement of this title for lot width.
required in the zone; or lots or parcels of record which are 3. "Interior lot"means a lot other than a corner lot.
reduced to a substandard lot size as a result of required 4. "Key lot" means the first lot to the rear of a
street dedication unless otherwise provided in the City of comer lot, the front line of which is a continuation of the
Cupertino General Plan. The owner of a legally created, side line of the corner lot, and fronting on the street which
substandard property which is less than six thousand square intersects or intercepts the street on which the comer lot
feet but equal to or greater than five thousand square feet fronts.
may utilize such parcel for residential purposes. The owner "Lot area" means the area of a lot measured
of a legally created parcel of less than five thousand square horizontally between boundary lot lines, but excluding a
feet may also develop the site as a single-family residential portion of a flag lot providing access to a street and lying
building site if it can be demonstrated that the property was between a front lot line and the street, and excluding any
not under the same ownership as any contiguous property on portion of a lot within the lines of any natural watercourse,
the same street frontage as of or after July 1, 1984. river, stream, creek, waterway, channel or flood control or
"Lightwell" means an excavated area required by the drainage easement and excluding any portion of a lot
Uniform Building Code to provide emergency egress, light acquired,for access and street right-of-way purposes,in fee,
and ventilation for below grade rooms. easement or otherwise.
"Liquor store" means a use requiring a State of "Lot coverage" means the following:
California "off-sale general license" (sale for off-site 1. "Single-family residential use" means the total
consumption of wine, beer and/or hard liquor) and having land area within a site that is covered by buildings,including
fifty percent or more of the total dollar sales accounted for all projections,but excluding ground-level paving,landscape
by beverage covered under the off-sale general license. features, lightwells, and open recreational facilities. Sheds
"Living space" means, for the purposes of Chapter are included in lot coverage.
19.112, the same as that set forth for "living area" in 2. "All other uses except single-family residential"
California Government Code Section 65852.20)(4).All attic means the total land area within a site that is covered by
and basement square footage proposed as part of an buildings, but excluding all projections, ground-level
Accessory Dwelling Unit shall be limited by the maximum paving, landscape features, and open recreational facilities.
size allowed per Chapter 19.112. "Lot depth" means the horizontal distance from the
"Loading space" means an area used for loading or midpoint of the front lot line to the midpoint of the rear lot
unloading of goods from a vehicle in connection with the use line, or to the most distant point on any other lot line where
of the site on which such space is located. there is no clear rear lot line.
"Lodging"means the furnishing of rooms or groups of "Lot line" means any boundary of a lot.
rooms within a dwelling unit or an accessory building on a 1. "Front lot line" means on an interior lot, the lot
transient basis, whether or not meals are provided to the line abutting a street, or on a corner lot, the shorter lot line
person. Lodging shall be subject to the residential density abutting a street, or on a flag lot, the interior lot line most
requirements of the district in which the use is located. parallel to and nearest the street from which access is
"Lodging unit" means a room or group of rooms not obtained. Lot line length does not include arc as identified
including a kitchen,used or intended for use by overnight or on corner parcels.
transient occupants as a single unit, whether located in a 2. "Interior lot line" means any lot line not abutting
hotel or a dwelling unit providing lodging where designed or a street.
2020 S-76
17 Definitions 19.08.030
"Senior citizen housing development"means ahousing C, Cupertino Standard Detail; Sidewalk Site Triangle
development with at least thirty-five dwelling units as (Sidewalk Clearance at Driveway)
defined in the Civil Code Section 51.3, or a mobilehome "Sign"means any device,fixture,placard,or structure
park that limits residency based on age requirements for that uses any color,form,graphic, illumination, symbol, or
housing for older persons pursuant to Section 798.76 or writing to advertise,announce the purpose of,or identify the
799.5 of the Civil Code, as may be amended. purpose of a person or entity, to communicate information 4
"Setback line" means a line within a lot parallel to a of any kind to the public.
corresponding lot line, which is the boundary of any 1. "Animated sign" means any sign which projects
specified front, side or rear yard, or the boundary of any action, motion or the illusion thereof, changes intensity of
public right-of-way or private road,whether acquired in fee, illumination or changes colors, including the likes of
easement, or otherwise, or a line otherwise established to balloons, banners and flags, and blowing or air-powered
govern the location of buildings, structures or uses. Where attractions, but excluding electronic readerboard signs and
no minimum front, side or rear yards are specified, the signs that display the current time or temperature.
setback line shall be coterminous with the corresponding lot 2. "Blade sign" means a pedestrian oriented sign,
line. adjacent to a pedestrian walkway or sidewalk, attached to a
Setback Area, Required. "Required setback area" building wall,marquee, awning or arcade with the exposed
means open space, unoccupied and unobstructed from the face of the sign in a plane perpendicular to the plane of the
ground upward,except as provided in this title,between the building wall.
lot line and the setback line on the same parcel. 3. "Development Identification Sign" means a
1. Setback Area, Required Front Yard. "Required ground sign at the major entry to a residential development
front-yard setback area" means the setback area extending with twenty units or more meant to identify the name and
across the front of a lot between the front lot line and the address of the development.
setback line. Front yards shall be measured either by a line 4. "Directional sign" means any sign which
at right angles to the front lot line, or by a radial line in the primarily displays directions to a particular area,location or
case of a curved front lot line, except flag lots which is the site.
area extending across the full extent of the buildable portion 5. "Directory sign" means any outdoor listing of
of the flag lot measured from the property line which is occupants of a building or group of buildings,
parallel to and nearest the street line and at which point the 6. "Electronic readerboard sign" means an
lot width equals a minimum of sixty feet. The Director of electronic sign intended for a periodically-changing
Community Development shall have the discretion to modify advertising message.
the provisions of this definition when it improves the design 7. "Freeway oriented sign"means any sign which is
relationship of the proposed buildings to adjacent buildings located within six hundred sixty feet and visible from a
or parcels. freeway right-of-way as defined by Section 5200 of the
2. Setback Area, Required Rear Yard. "Required California Business and Professions Code.
rear-yard setback area"means the area extending across the 8. "Garage sale signs" means any sign used for
full width of the lot between the rear lot line and the nearest advertising a garage or patio sale as defined in Chapter 5.16
line or point of the main building. of the Cupertino Municipal Code.
3. Setback Area, Required Side Yard. "Required 9. "Ground sign" means any sign permanently
side-yard setback area" means the area between the side lot affixed to the ground and not supported by a building
line and the nearest line of a building, and extending from structure. The height of the sign shall be measured from the
the front setback line to the rear setback line. grade of the adjoining closest sidewalk to the top of the sign
"Shopping center" means a group of commercial including trim.
establishments, planned, developed, owned or managed as 10. "Identification sign" means any sign whose sole
a unit, with off-street parking provided on the parcel. purpose is to display the name of the site and the names of
"Shopping center," for purposes of the Sign the occupants, their products or their services.
Ordinance,means a retail entity encompassing three or more 11. "Illegal sign" means any sign or advertising
tenants within a single building or group of buildings, but statuary which was not lawfully erected,maintained,or was
within which individual business located in defined tenant not in conformance with the provisions of this title in effect
spaces are owned and managed separately from the shopping at the time of the erection of the sign or advertising statuary
center management. or which was not installed with a valid permit from the City.
"Sidewalk site triangle" is a triangular shaped area 12. "Illuminated sign" means any sign utilizing an
described in Cupertino Standard Detail 7-6. (See Appendix artificial source of light to enhance its visibility.
2018 5-64
19.08.030 Cupertino - Zoning 18
13. "Informational sign" means any sign which 26. "Temporary Sign" means any sign, display,
promotes no products or services, but displays service or banner or promotional device which is designed or intended
general information to the public, including the likes of to be displayed only during the allowable business hours or
hours of operation, rest room identifications and hazardous for short periods of time as specified by the Director of
warnings. Community Development.
14. "Landmark sign" means an existing, legal 27. "V-shaped signs" means any sign consisting of
non-conforming ground sign that has a distinctive two vertical faces, or essentially vertical faces, with one f
architectural style. common edge and which appears as the letter V when
15. "Nonconforming sign" means any sign or viewed directly from above.
advertising statuary that was legally erected and had 28. "Vehicle sign" means a sign painted on or
obtained a valid permit in conformance with the ordinance attached to an operable or movable vehicle; in the case of
in effect at the time of the erection of the sign but which motor vehicles, "operable" shall be defined as having a
became nonconforming due to the adoption of the ordinance valid license plate. j
codified in this title. 29. "Wall sign" means any sign that is attached, k
16. "Obsolete sign" means any sign that displays erected or painted on a structure attached to a building, a
incorrect or misleading information, promotes products or canopy structure, or the exterior wall of a building with the
services no longer available at that site or identifies departed exposed face of the sign parallel to the wall.
occupants. 30. "Window sign" means any sign that is intended
17. "Off-site sign" means any sign not located on the to be read from outside of the structure or painted on a
premises of the business or entity indicated or advertised by window facing a public street, parking lot,pedestrian plaza
the sign. This definition shall include billboards, poster or walkway accessible to the public.
panels, painted bulletins and other similar advertising "Sign Area" for an individually lettered sign without
displays. a background, is measured by enclosing the sign copy with
18. "On-site sign"means a sign directing attention to a continuous perimeter in simple rectilinear forms. (See
a business,commodity, service or entertainment conducted, Appendix D for examples of sign area calculation)
sold or offered upon the same premises as those upon which The sign area for a sign with borders and/or
the sign is maintained. background is measured by enclosing the exterior limits of
19. "Political sign" means a temporary sign that the border or background with a single continuous
encourages a particular vote in a scheduled election and is perimeter. The necessary supports, uprights, and/ or the
posted prior to the scheduled election. base on which such sign is placed, shall be excluded from
20. "Portable Sign or Display" means any outdoor the sign area.
sign or display not permanently attached to the ground or a When a sign is separated by thirty-six inches or more,
structure on the premises it is intended to occupy and the area of each part may be computed separately.
displayed only during business hours. Portable sign or "Single family residence," for purposes of Chapter
display includes A-frames, flower carts, statues, and other 19.112,shall mean one dwelling unit located on a separately
similar devices used for advertising as determined by the owned lot. Single family residence does not include property
Director. with only air parcels or condominiums.
21. "Project announcement sign" means any "Specialty food stores" means uses such as bakeries,
temporary sign that displays information pertinent to a donut shops, ice cream stores, produce markets and meat
current or future site of construction, including the likes of markets, or similar establishments where food is prepared
the project name, developers, owners and operators, and/or sold primarily for consumption off the premises.
completion dates, availability and occupants. "Site," for purposes of the Sign Ordinance, means a
22. "Projecting sign" means any sign other than a piece of land as shown on a subdivision map, record of
wall sign that is attached to and projects from a structure or survey map or assessor's parcel map, which constitutes one
building face or wall. development site and which may be composed of a single
23. "Real estate sign" means a temporary sign unit of land or contiguous units under common ownership,
indicating that a particular premises is for.sale,lease or rent. control, or development agreement.
24. "Roof sign" means a sign erected between the "Special event," for purposes of the Sign Ordinance
lowest and highest points of a roof. means a temporary promotional event including, but not
25. "Street address sign"means any sign that displays limited to, a special sale on merchandise or services, or
only the street address number(s) of the site and, at the grand openings.
option of the property owner, the street name.
2020 5-76
19 Definitions 19.08.030
"Special Event Banner" means any temporary sign railroad right-of-way or limited access roadway or.freeway.
constructed of pliable materials such as canvas,fabric,vinyl "Structure" means that which is built or constructed, an
plastic or similar materials which will withstand exposure to edifice or building of any kind, or any piece of work
wind and rain without significant deterioration, and which artificially built up or composed of parts joined together in
does not require a building permit for its construction, or some definite manner.
installation outside of a building. 1. Structure,Recreational. "Recreational structure"
"Special needs housing," for purposes of Chapter means any affixed accessory structure or portion, which
19.56, Density Bonus, means any housing, including functions for play, recreation or exercise (e.g.,pool slides,
supportive housing, intended to benefit, in whole or in part, playhouses, tree houses, swings, climbing apparatus,
persons identified as having special needs relating to mental gazebos, decks, patios, hot tubs and pools) but does not
health; physical disabilities; developmental disabilities, include portable play structures, such as swings or climbing
including without limitation intellectual disability, cerebral apparatus.
palsy, epilepsy, and autism; and risk of homelessness, and "Structurally attached" means any structure or
housing intended to meet the housing needs of persons accessory structure or portion thereof,which is substantially
eligible for mental health services funded in whole or in part attached or connected by a roof structure or similar physical
by the Mental Health Services Fund, as set forth in attachment.
Government Code Section 65915(p)(3)(C), as may be "Supportive housing" (per Government Code Section
amended. 65582(f), as may be amended)means housing with no limit
"Specified anatomical areas" means: on length of stay, that is occupied by the target population,
1. Less than completely and opaquely covered and that is linked to onsite or offsite services that assist the
human genitals, pubic region, buttocks and female breast supportive housing resident in retaining the housing,
below a point immediately above the top of the areola; and improving his or her health status, and maximizing his or
2. Human male genitals in a discernibly turgid state, her ability to live and, when possible, work in the
even if completely and opaquely covered. community.
"Specified sexual activities" means: T. "T" Definitions:
1. Human genitals in a state of sexual stimulation or "Target population" (per CA Government Code
arousal; 65582(g), as may be amended) means persons with low
2. Acts of human masturbation, sexual intercourse incomes having one or more disabilities, including mental
or sodomy; illness, HIV or AIDS, substance abuse, or other chronic
3. Fondling or other erotic touching of human health conditions, or individuals eligible .for services
genitals, pubic region, buttocks or female breast. provided under the Lanterman Developmental Disabilities
"Story" means that portion of a building, excluding a Services Act(Division 4.5(commencing with Section 4500)
basement, between the surface of any floor and the surface of the Welfare and Institutions Code),
of the next floor above it, or if there is no floor above it, "Transient" means any individual who exercises
then the space between the floor and the ceiling next above occupancy or is entitled to occupancy by reason of
it. concession, permit, right of access, license or other
"Street" means a public or private thoroughfare the agreement for a period of thirty consecutive calendar days
design of which has been approved by the City which or less, counting portions of calendar days as full days, and
affords the principal means of access to abutting property, including any individual who actually physically occupies
including avenue, place, way, drive, lane, boulevard, the premises, by permission of any other person entitled to
highway, road, and any other thoroughfare except an alley occupancy.
as defined in this chapter. "Transitional housing" (per CA Government Code
1. Street, Public: "Public street' means all streets, 65582(h), as may be amended)means buildings configured
highways,lanes,places,avenues and portions and including as rental housing developments,but operated under program
extensions in the length and width, which have been requirements that call for the termination of assistance and
dedicated by the owners to public use, acquired for public recirculation of the assisted unit to another eligible program
use, or in which a public easement for roadway purposes recipient at some predetermined future point in time,which
exists. shall be no less than six months from beginning of
"Street frontage,"for purposes of the Sign Ordinance, assistance.
means the length of a site along or fronting on a public or "Trim"means the molding,battens,cappings,nailing
private street,driveway or other principal thoroughfare,but strips, lattice and platforms which are attached to a sign.
{ does not include such length along an alley, watercourse,
2016 5-59
19.08.030 Cupertino - Zoning 20
U. "U" Definitions: designed, used, or maintained primarily for the
"Unobstructed Access," for purposes of Chapter transportation of goods.
19.56, Density Bonus, means access to a location if a 2. Vehicle,Recreation. "Recreation vehicle"means
resident is able to access the location without encountering a vehicle towed or self-propelled on its own chassis or
natural or constructed impediments, as set forth in attached to the chassis of another vehicle and designed or
Government Code Section 65915(p)(2),as may be amended. used for temporary dwelling, recreational or sporting
"Use" means the conduct of an activity, or the purposes. The term recreation vehicle includes, but is not
performance of a function or operation, on a parcel or in a limited to, trailers, motor coach homes, converted trucks
building or facility. and buses, and boats and boat trailers.
1. "Accessory use" means a use which is incidental "Very low income household" means a household
to and customarily associated with a specified principal use. whose gross income does not exceed that established by I
2. "Conditional use" means a use listed by the Health and Safety Code Section 50105, as may be amended. I'
regulations of any particular district as a conditional use "Visual privacy intrusion" means uninterrupted visual
within that district, and allowable solely on a discretionary access from a residential dwelling or structure into the
or conditional basis, subject to issuance of a conditional use interior or exterior areas of adjacent residential structures,
permit, and to all other regulations established by this title. which area is either completely or partially private,designed
3. "Nonconforming use" means a use which is not for the sole use of the occupant, and/or which serves to
a permitted use or conditional use authorized within the fulfill the interior and/or exterior privacy needs of the
district in which it is located, but which was lawfully impacted residence or residences.
existing on October 10, 1955; or the date of any W. "W" Definitions:
amendments thereto, or the application of any district to the None.
property involved, by reason of which adoption or X. "X" Definitions:
application the use became nonconforming. None.
4. "Permitted use" means a use listed by the Y. "Y" Definitions:
regulations of any particular district as a permitted use "Yard"means an area within a lot,adjoining a lot line,
within that district,and permitted therein as a matter of right and measured horizontally, and perpendicular to the lot line
when conducted in accord with the regulations established for a specified distance, open and unobstructed except for
by this title. activities and facilities allowed therein by this title.
5. "Principal use" means a use which fulfills a 1. "Front yard" means a yard measured into a lot
primary function of a household, establishment, institution, from the front lot line, extending the full width of the lot
or other entity. between the side lot lines intersecting the front lot line.
"Useable rear yard" means that area bounded by the 2. "Rear yard" means a yard measured into a lot
rear lot line(s)and the rear building line extended to the side from the rear lot line, extending between the side yards;
lot lines. The side yard adjacent to a proposed minor provided that for lots having no defined rear lot line, the
addition (e.g., addition equaling ten percent or less of the rear yard shall be measured into the lot from the rearmost
principal structure)may be included in calculation of usable point of the lot depth to a line parallel to the front lot line.
rear yard area. 3. "Side yard" means a yard measured into a lot
V. "V" Definitions: from a side lot line, extending between the front yard and
"Variance application"means an application for which rear lot line.
an exception process is not identified in the Municipal Code. Z. "Z" Definitions:
"Vehicle" means any boat, bus, trailer, motor home, None. (Ord. 20-2199, §§ 1 -3, 2020; Ord. 17-2170,
van, camper (whether or not attached to a pickup truck or § 1, 2017; Ord. 17-2169, § 2, 2017; Ord. 17-2165, § 2,
other vehicle),mobilehome,motorcycle,automobile,truck, 2017; Ord. 16-2157, §§ 1, 2, 2016; Ord. 16-2159, §§ 1-4,
pickup, airplane, boat trailer, truck tractor, truck trailer, 2016; Ord. 16-2149, § 3, 2016; Ord. 16-2140, §§ 1-5,
utility trailer or recreational vehicle, or parts, or any device 2016; Ord. 14-2125, §3(part),2014; Ord. 2085, §2(part),
by which any person or property may be propelled, moved 2011; Ord. 11-2074, (part),2011; Ord. 2056, (part), 2010;
or drawn upon a public street, excepting a device moved Ord. 1894, § 1, 2002; Ord. 1891, (part), 2002; Ord. 1863,
exclusively by human power. (part), 2000; Ord. 1809, 2000; Ord. 1784, (part), 1998;
1. Vehicle, Commercial. "Commercial vehicle" Ord. 1725, (part), 1996; Ord. 1688, §3 (part), 1995; Ord.
means a vehicle of a type required to be registered under the 1657, (part), 1994; Ord. 1654, 1994; Ord. 1637, (part),
California Vehicle Code used or maintained for the 1993; Ord. 1635, (part), 1993; Ord. 1618, (part), 1993;
transportation of persons for hire,compensation,or profit or Ord. 1607, § 1, 1992; Ord, 1601, Exh. A(part), 1992)
2020 S-76
37 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020
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2020 S-76
19.20.020 Cupertino- Zoning 38
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2015 S-47
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2015 S-47
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2020 S-76
19.112.010
CHAPTER 19.112: ACCESSORY DWELLING UNITS
Section
19.112.010 Purpose. 19.100, Accessory Structures/Buildings; and Chapter
19.112.020 Accessory Dwelling Unit 19.124, Parking; except as those standards are modified by
Regulations. this chapter.
19.112.030 Site development regulations for 3. No impact fees, as defined in Government Code
Streamlined Accessory Dwelling Section 65852.2(f), shall be imposed on any accessory
Units &Junior Accessory Dwelling dwelling unit or junior accessory dwelling unit with a gross
Units floor area of less than 750 square feet. Impact fees for all
19.112.040 Site Development Regulations for other accessory dwelling units shall be charged in
Non-Streamlined Accessory compliance with State Law.
Dwelling Units. 4. Accessory dwelling units may be rented
19.112.050 Review process. separately from the single-family dwelling or multi-family
dwelling structure but may not be sold or otherwise
conveyed separately from the other dwellings on the lot,
19.112.010 Purpose. except pursuant to Government Code Section 65852.26.Any
The purpose of this chapter is to promote the goal of accessory dwelling unit, including a Junior Accessory
affordable housing within the City through provision of Dwelling Unit (JADU), shall not be used as a short-term
additional housing in certain residential and mixed-use rental.
zoning districts in a manner which minimizes adverse 5. For JADUs,either the single-family residence or
impacts of accessory dwelling units on neighborhoods. JADU must be owner-occupied, unless the owner is a
(Ord. 20-2199, § 5 (part), 2020; Ord. 20-2199, §§ 1 - 3, governmental agency, land trust, or housing organization.
2020 Ord. 16-2159, § 8(part), 2016; Ord. 2085, §2(part), Further,the owner shall record a deed restriction,expressly
2011; Ord. 1601, Exh. A (part), 1992) enforceable against future purchasers, containing the
following: (a)a prohibition on the sale of the JADU separate
19.112.020 Accessory Dwelling Unit Regulations. from the single-family residence, and(b)a restriction on the
Notwithstanding any provision of this title to the size and attributes of the JADU to conform to this section.
contrary: (Ord. 20-2199, § 5 (part), 2020; Ord. 17-2170, § 3, 2017;
1. Accessory dwelling units are permitted on lots Ord. 16-2159, §8(part), 2016;Ord. 2085, §2(part),2011;
within any residential or mixed-use residential zoning Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992)
district.The lot must have an existing single family dwelling
unit or if zoned multi-family or mixed use residential, at 19.112.030 Site Development Regulations for
least one residential unit. If the lot is vacant, an accessory Streamlined Accessory Dwelling Units
dwelling unit may only be proposed in conjunction with the of Junior Accessory Dwelling Units.
development of at least one residential unit.Notwithstanding Pursuant to California Government Code Section
the underlying zoning, an accessory dwelling unit developed 65852.2(e),the City shall approve the following streamlined
pursuant to this chapter does not cause the lot upon which it accessory dwelling units if the specified development
is located to exceed its maximum the allowable density on standards and use restrictions are met, as identified in:
the lot. A. Table 19.112.030A for single-family j
2. Accessory dwelling units must comply with the developments and
site development regulations and guideline specified in those B. Table 19.112.030B for multi-family. 9
zoning districts for dwelling units, including but not limited developments.
i
to: lot coverage; floor area ratio; height; setbacks;
landscape;the regulations contained in this chapter;Chapter
i
193
2020 S-76
19.112.030 Cupertino - Zoning 194
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within New Construction Detached Accessory
principal dwelling unit or Dwelling Unit S 800 s.f.
accessory structures
1. Size of living space, exclusive of decks
a. Minimum size 150 s.f.
b. Maximum size No size limitation as long as the 800 s.f.
unit:
i. Is wholly within the space of a
proposed or existing
single-family dwelling or the
existing space of an accessory
structure, and
ii. Does not require either:
• An addition of more than
150 square feet to an
existing accessory
structure to accommodate
ingress and egress only,
or
• Any addition to an
existing single-family
dwelling unit.
2. Number of Units Two accessory dwelling units are allowed only if one of the accessory dwelling
units is a detached unit built pursuant to this Table 19.112.030A and the other is a
juiuor accessory dwelling unit. Otherwise, only one accessory dwelling unit is
allowed per lot.
3. Setbacks Per the underlying zoning district a. At least four feet from the rear and
except that if the existing structures side lot lines.
do not meet these standards, the side b. An applicant alternately may elect to
and rear setbacks shall be sufficient follow the setback and height
for fire standards for accessory structures in
safety and life safety. Chapter 19.100.
4. Height The conversion shall not change the a. 16 feet
height of the existing structure. b. An applicant alternately may elect to
follow the setback and height
standards for accessory structures in
Chapter 19.100.
5. Second-story accessory Allowed if the unit is a conversion Not Allowed
dwelling unit of existing second story portions of
the principal dwelling unit.
I
6. Parking for accessory None None
dwelling unit
I
2020 S-76
194A Accessory Dwelling Units 19.112.030
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within New Construction Detached Accessory
principal dwelling unit or Dwelling Unit 5 800 s.f.
accessory structures
7. Direct outside access Independent outdoor access must be provided without going through the principal
dwelling unit.
8. Separation from principal The conversion must result in an Detached from principal dwelling unit
dwelling unit independent unit. With the
exception of a JADU that has.a j
shared bathroom with the
principal dwelling unit, no I
interior doors or other connections
between the units are permitted.
i
j
i
I
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units !
Associated with Existing Multi-Family Developments
Conversion of interior space Detached, New Construction
within multifamily dwelling
structures
1. Location Conversion of space within existing Detached from the multi-family dwelling
dwelling structures that is not used structure(s)
as livable space(e.g. existing units)
including, but not limited to, storage
rooms, boiler rooms, passageways,
attics, basements, or garages, as
long as the unit meets building
standards for dwellings.
2. Number of Units The greater of: No more than two units
G 25 percent of the existing
number of primary dwelling
units, or
• One accessory dwelling unit.
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
5. Setbacks The accessory dwelling unit shall a. Located at least four feet from the
not increase the size of the existing side and rear lot lines.
structure. b. An applicant alternately may elect to
follow the setback and height
standards for accessory structures in
Chapter 19,100.
2020 S-76
19.112.030 Cupertino - Zoning 194B
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversion of interior space Detached, New Construction
within multifamily dwelling
structures
6. Height The accessory dwelling unit shall a. 16 feet
not increase the size of the existing b. An applicant alternatively may elect
structure. to follow the setback and height
standards for accessory structures in
Chapter 19.100.
i
7. Separation from principal The conversion must result in an Detached from principal dwelling unit.
dwelling unit independent unit. No interior doors
or other connections between the
units are permitted.
(Ord. 20-2199, § 5 (part), 2020; Ord. 17-2170, §4, 2018; Ord. 17-2165, § 12, 2017; Ord. 16-2159, § 8 (part), 2016; Ord.
2085, § 2(part), 2011)
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall meet the following development
standards and use restrictions as identified in Table 19.112.040.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of Units Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and
cannot be combined with any accessory dwelling units pursuant to Table
19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size a. Studios/one-bedroom unit— 850 s.f.; two or more-bedroom unit— 1,000 s.f.;
and
b. Attached accessory dwelling units shall not exceed 50% of the existing
primary dwelling
c. Application of lot coverage, floor area, and open space standards:
L Maximum size for units = 800 s.f. shall not be limited by lot coverage,
floor area ratio, and open space requirements per the underlying
zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor
area ratio, and open space requirements per the underlying zoning.
These standards shall apply to the gross floor area of the unit proposed.
Notwithstanding application of these standards, an 800 s.f. detached
accessory dwelling unit is permitted pursuant to Table 19.112.030A or
an 800 s.f. attached accessory dwelling unit is permitted.
194C Accessory Dwelling Units 19.112.040
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
C. Setbacks' Per the underlying zoning district, The proposed structure must comply with
except the required side and rear the setback standards for accessory
setbacks are modified to four feet. structures in Chapter 19.100, except the
street side setbacks are modified to four
feet.
D. Height Per the underlying zoning district The proposed structure must comply with
the height standards for accessory
structures in Chapter 19.100, except that a
maximum height of 16 feet is allowed at
the farthest point of the proposed structure
from the rear and side property lines.
E. Second-story accessory Not allowed Not allowed
dwelling units
F. Parking
1. Parking for accessory One additional off-street parking space shall be provided, if the principal dwelling
dwelling unit unit has less than the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter 19.124
unless the accessory dwelling unit meets one of the following requirements:
a. Located within one-half(1/2) mile of a public transit stop; or
b. Located in an architecturally and historically significant historic district; or
C. The occupant of the unit is not allowed/offered a required on-street parking
permit; or
d. Located within one block of a car share vehicle pick-up location; or
C. Is part of the proposed or existing primary residence or an accessory
structure.
2. Replacement parking No replacement parking spaces are required.
spaces for existing
covered, uncovered or
enclosed parking
spaces converted to an
accessory dwelling
unit
G. Direct outside access Independent outdoor access must be provided without going through the principal
dwelling unit.
H. Screening from public All access to accessory dwelling units shall be on a different wall plane-than the
street access to the principal dwelling unit.
I. Structure Design Should be compatible with the architectural style and materials of the principal
structure.
2020 S-76
19.112.040 Cupertino -Zoning 194D
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
J. Separation from principal The ADU must be an independent Detached from principal dwelling unit.
dwelling unit unit. No interior doors or other
connections between the ADU and
the principal dwelling unit are
permitted.
No setback is required for an accessory dwelling unit located within existing living area or an existing accessory structure,or an accessory
dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.
(Ord. 20-2199, § 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming
to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be
approved or denied within the time frame specified in
Government Code Section 65852.2. (Ord. 20-2199, § 5
(part), 2020; Ord. 16-2159, § 8 (part), 2016)
2020 S-76
COMPREHENSIVE ORDINANCE LIST
Ord. No. Ord. No.
1 Adoption of building regulations (Not 2(s) Amends Ord. 2(f), zoning (Not i
codified) codified) j
2 Zoning regulations (Not codified) 2(t) Repeals Ords. 2 (r) and 2(s), zoning
2(a) Amends Ord. 2, zoning(Not codified) (Not codified)
2(a) (Revised) Repeals Ord. 2(a) and amends Ord. 2, 2(u) Zoning (Not codified)
zoning(Not codified) 2(v) Zoning(Not codified)
2(a)(1) Amends Ord. 2 (a), zoning (Not 2(w) Zoning (Not codified)
codified) 2(x) Repeals Ords. 2 (h) and 2 (p), zoning
2(b) Amends Ord. 2, zoning(Not codified) (Repealed by 1601) '
2(b)(1) Amends Ord. 2 (b), zoning (Repealed 2(y) Amends Ord. 2, zoning (Repealed by l
by 1601) 1601)
2(c) Amends Ord. 2, zoning(Not codified) 3 Sewage disposal (Repealed by 821)
2(d) Amends Ord. 2, zoning(Not codified) 4 Food handling regulations (9.04)
2(e) Amends Ord. 2, zoning(Not codified) 5 City Planning Commission(2.32)
2(e)(1) Repeals Ord. 2(e), zoning (Not 5(a) Amends Ord, 5, Planning Commission
codified) (Repealed by Ord. 5(c))
2(f) Amends Ord. 2 (a), zoning (Not 5(b) Amends Ord. 5, Planning Comrission
codified) (2.32)
2(g) Zoning(Repealed by 779) 5(c) Planning Commission, repeals Ord.
2(h) Amends Ord. 2, zoning(Not codified) 5(a) (2.32)
2(i) Zoning regulations (Not codified) 5(d) Amends Ord. 5, Planning Commission
20) Tables (2.32)
2(k) Zoning regulations (Repealed by 779, 6 Adoption of procedural rules (2.08)
1601) (Repealed by Ord. 20-2196)
2(k)(1) Amends Ord. 2 (k), zoning(Not 7 Garbage regulations (Repealed by 420)
codified) 7(a) Amends Ord. 7, garbage regulations
2(k)(2) Amends Ord. 2(k), zoning (Repealed (Repealed by 420)
by 779) 8 Gas street improvement fund
2(1) Amends Ord. 2, zoning(Not codified) (Repealed by 1705)
2(m) Amends Ord. 2(f), zoning (Not 9 City Council meetings (Repealed by
codified) 389)
2(n) Zoning regulations (Not codified) 9(a) Amends Ord. 9, City Council meetings
2(o) Repeals Ord. 2 (1) and amends Ord. 2, (Repealed by 389)
zoning(Repealed by 618) 9(b) Amends Ord. 9, City Council meetings
2(o)(1) Amends Ord. 2(o), zoning (Not (Repealed by 389)
codified) 9(c) Amends Ord. 9, City Council meetings
2(o)(2) Amends Ord. 2 (o), zoning(Not (Repealed by 389)
codified) 10 Business license (Repealed by III)
2(p) Amends Ord. 2 as amended by 2(h), 10(a) Amends Ord. 10, business license
zoning (Not codified) (Repealed by III)
2(q) Amends Ord. 2, zoning(Not codified) 10(b) Amends Ord. 10, business licenses
2(q)(1) Amends Ord. 2(q), zoning(Not (Repealed by III)
codified) 11 Annexation(Special)
2(r) Amends Ord. 2(m), zoning(Not 12 Annexation(Special)
codified) 13 Taxicab regulations (Repealed by 866)
14 Amends Ord. 2, zoning(Not codified)
3
2020 5-76
Cupertino- Comprehensive Ordinance List 4
Ord. No. Ord. No.
15 Amends Ord. 10, business licenses 47(a) Amends Ord. 47 (Revised),
(Repealed by III) subdivisions (Title 18)
16 City Clerk(2.20) 47(b) Amends Ord. 47 (Revised),
16(a) Amends Ord. 16, City Clerk subdivisions (Title 18)
(Repealed by 16(b)) 48 Purchase of supplies and equipment
16(b) Amends Ord. 16, City Clerk; repeals (Repealed by 596)
Ord. 16(a) (Repealed by 16(c)) 48(a) Amends Ord. 48, purchase of supplies
16(c) Amends Ord. 16, City Clerk; repeals (Repealed by 596)
Ord. 16 (b) (2.20) 49 Planning Commission(2.08)
17 City Treasurer(2.24) 50 Subdividers contribution for storm
18 Control of dogs (Repealed by 565) drainage (Not codified)
19 Speed limits (Repealed by 490) 51 Amends Ord. 2, zoning (Not codified)
20 Claims against the City (Repealed by 52 Annexation(Not codified)
311) 53 Weed abatement(Repealed by 405)
21 Amends Ord. 10, business licenses 54 Amends Ord. 2, zoning (Not codified)
(Repealed by II1) 55 Amends Ord. 2, zoning (Not codified)
22 Amends Ord. 2, zoning(Not codified) 56 Amends Ord. 2, zoning (Not codified)
23 Taxes for 1956-57 (Special) 57 Annexation(Special)
24 Sales and use tax(Repealed by 611) 58 Rezone (Special)
24(a) Amends Ord. 24, sales and use tax 59 Property taxes for 1958-59 (Special)
(Repealed by 611) 60 Amends Ord. 2, zoning regulations
25 Amends Ord. 23, taxes for 1956-57 (Not codified)
(Special) 61 Amends Ord. 2, zoning (Not codified)
26 Franchise to Pacific Gas and Electric 62 Franchise to California Water Service
Company (6.08) (6.16)
27 Franchise to Pacific Gas and Electric 63 Franchise to San Jose Waterworks
Company (6.12) (6.20)
28 Civil defense (Repealed by 475) 64 Amends Ord. 2, zoning(Not codified)
29 City sales and use tax(3.08) 65 Amends Ord. 2, zoning (Not codified)
30 Annexation(Special) 66 Speed limits (Repealed by.490)
31 Public intoxication(Not codified) 67 Annexation(Special)
32 Amends Ord. 2, zoning (Not codified) 68 Amends Ord. 2, zoning (Not codified)
33 Annexation(Special) 69 Number not used
34 Circular dry wells (Not codified) 70 Zoning (Not codified)
35 Amends Ord. 2, zoning (Not codified) 71 Zoning(Not codified)
36 Amends Ord. 2, zoning(Not codified) 72 Number not used
37 Amends Ord. 1, building regulations 73 Zoning, repeals Ord. 71 (Not codified)
(Not codified) 74 Amends Ord. 2, zoning(Not codified)
38 Annexation(Special) 75 Amends Ord. 2, zoning(Not codified)
39 Licensing of auctioneers(Repealed by 76 Transfer of duties from City Treasurer
1705) (Repealed by 1705)
40 Minimum lot size (Not codified) 77 Framing lumber(Not codified)
41 Amends Ord. 10, business licenses 78 Building code(Repealed by 203)
(Repealed by III) 78(a) Amends Ord. 78, building code
42 Subdividers improvement bond (Repealed by 203)
(Special) 78(b) Amends Ord. 78, building code
43 Speed limits (Repealed by 490) (Repealed by 203)
44 Franchises (Repealed by 1722) 79 Electrical code (Repealed by 212)
45 Amends Ord. 2, zoning(Not codified) 80 Plumbing code(Repealed by 211)
46 Annexation(Special) 80(a) Amends Ord. 80, plumbing code
47 Subdivisions (Repealed by 47 (Repealed by 211)
(Revised)) 80(b) Amends Ord. 80, plumbing code
47 (Revised), subdivisions (Title 18) (Repealed by 211)
41 Comprehensive Ordinance List
Ord. No. Ord. No.
2056 Amending 2.08.095, 2.48.020, 2064 Amending 11.08.260 relating to
9.20.030, 14.04.010, 14.04.040, designated bicycle routes (11.08)
14.04.110, 14.04.130, 14.04.160, 2067 Amending 11.20.020 regarding
14.04.175, 14.04.240, 14.05.010, vehicular stops at certain intersections
14.05.040, 14.05.070, 14.05.090, (11.20)
14.18.020, 14.24.070, 16.04.050, 2069 Amending Chapter 6.24 regarding
16.32.040, 18.28.040, 19.08.030, garbage and recycling collection and
19.16.020, 19.16.030, 19.20.020, disposal (6.24)
19.20.030, 19.24.010, 19.28.030, 2070 Amending Chapter 16.72 to add
19.28.090, 19,28.130, 19.32.020, recycling to provisions (16.72)
19.32.030(Repealed by Ord. 2085), 2071 Not adopted
19.36.020, 19.36.030 (Repealed by 2072 Amending Chapters 16.04, 16.12,
Ord. 2085), 19.36.050 (Repealed by 16.16, 16.20, 16.24, 16.40, adding
Ord. 2085), 19.36.080 (Repealed by Chapters 16.06, 16.54, 16.58, 16.80
Ord. 2085), 19.40.030, 19.40.140, regarding various building-and
19.44.020, 19.50.010- 19.50.060, construction codes(16.04, 16.06,
19.52.010- 19.52,030, 19.52.050, 16.16, 16.20, 16.24, 16.40, 16.54, j
19.52.060, 19.56.060, 19.56.070, 16.58, 16.80) (16.04.010, 16.04.015,
19.60.040, 19.64,040, 19.64.070, 16.04.060, 16.04.070, 16.04.080,
19.64.090, 19.76.050, 19.76.060, 16,04.340, 16.04.350, 16.04.360,
19.82.060, 19.88.020, 19.100.040, 16.04.370, 16.06.010, 16.06.015,
19.100.060, 19.116.120, 19,116.310, 16.06.050, 16.06.060, 16.06.070,
19,118.020, 19.124.040, 19.124.060, 16.06.080, 16.06.090, 16.06.100,
19.134.030, 19.134.090 regarding the 16.12.010, 16.12.020, 16.16.010,
housing element of the General Plan, 16.16.015, 16.20.010, 16.20.015,
19.144.230, 19.148.020 (2.08, 2.48, 16.24.010, 16.24.015, Ch. 16.40
9.20, 14.04, 14.05, 14.18, 14.24, repealed by Ord. 13-2115; Ch. 16.58
16.04, 16.32, 18.28, 19.08, 19.16 repealed by Ord. 19-2193)
(Repealed by Ord. 2085), 19.20 2073 Repealing and replacing 19.48.010-
(Repealed by Ord. 2085), 19.24, 19.28 19.48.050, 19.72.040, 19.124.010-
(Repealed by Ord. 2085), 19.32, 19.36, 19.124.150, 20.04.040 (19.48
19.40 (Repealed by Ord. 2085), 19.44, (Repealed by Ord. 2085), 19.72
19.50(Repealed by Ord. 2085), 19.52, (Repealed by Ord. 2085), 19.124
19.56 (Repealed by Ord. 2085), 19.60, (Repealed by Ord. 2085), 20.04)
19.64(Repealed by Ord. 2085), 19.76, 2074 Amending 19.08.010(Repealed by
19.82(Repealed by Ord. 2085), 19.88, Ord. 2085), 19.08.020 (Repealed by
19.100(Repealed by Ord. 2085), Ord. 2085), 19.08.030, and
19.116 (Repealed by Ord. 2085), 19.100.030- 19.100.040(19.08,
19.118 (Repealed by Ord. 2085), 19.100(Repealed by Ord. 2085))
19.124, 19.134(Repealed by Ord. 2075 Not adopted
2085), 19.144, 19.148) 2076 Not adopted
2057 Rezoning certain land(Not codified) Res. 03-037 Amending 11.27.149 designating
2058 Repealing and replacing Ch. 14.15 permit parking on Madrid Road
regarding the Landscaping Ordinance (11.27)
(14.15) (Repealed by Ord. 16-2142) 2077 Establishing §§ 10-90.010 - 10-90.040
2059 Rezoning certain land(Not codified) regulating smoking in recreational
2060 Not Adopted areas (10.90)
2062 Amending Chapter 2.86 regarding the 2078 Amending 11.20.030 regarding
Housing Commission (2.86) required stops at certain intersections
2063 Amending 11.08.250 relating to (11.20)
designated bicycle lanes (11.08) 2079 Amending Single-Family Residential
(RI) Zones (19.28) (Repealed by Ord.
2085)
2020 S-76
Cupertino- Comprehensive Ordinance List 42
Ord. No. Ord. No.
2080 Electing and implementing 2088 Stormwater pollution prevention and
participation in the voluntary watershed protection-Amends entirety
alternative development program(Not of Ch. 9.18, repeals former sections
codified) 9.18.050, 9.18.130, 9.18.140, adds
2081 Amends 2.08.080 and 2.080.090 new sections 9.18.015, 9.18.115,
regarding City Council rules and 9.18.130, 9.18.195 (9.18)
conduct of meetings (2.08) 2089 Amending Chapter 3.12.030 increasing
2082 Amends 11.20.020 regarding vehicular the transient occupancy tax rate (3.12)
stops at certain intersections (11.20) 2090 Rezoning certain land(Not codified)
2083 Amends 19.60.010, 19.60.080, 2091 Amending 11.08.250 relating to
19,60.090, 19.60.100 related to the bicycle lanes (11.08)
streamlining and codification of ML-rc 2092 Amends Ch. 14.12, trees (14.12)
(19.60(Repealed by Ord. 2085)) 2093 Amends 2.28.090; deletes 2.28.020,
2084 Rezoning certain land(Not codified) City Manager(2.28)
2085 Amends Ch. 2.90; adds Ch. 9.16; 2094 Amends 6.24.020 and 6.24.300; adds
amends Ch. 14.18; amends 6.24.035 regarding garbage and
§ 16.08.200; amends Title 18, Ch. recycling collection and disposal (6.24)
18.04, 18.08, 18.12, 18.16, 18.20, 2095 Amends Ch. 9.06, massage
18.24, 18.28, 18.32, 18.36, 18.40, establishments and services (9.06)
18.44, 18.48, 18.52, 18.56; amends 2096 Amends 2.18.110, City Attorney
Title 19, Ch. 19.04, 19.08, 19.12, (2.18)
19.16, 19.20, 19.24, 19.28, 19.32, 2097 Amends 2.28.040 regarding City
19.36, 19.40, 19.44, 19.48, 19.52, Manager powers and duties (2.28)
19.56 (Repealed by Ord. 16-2149), 2098 Amends Ch. 19.104, signs, regarding
19.60, 19.64, 19.68, 19.72, 19.76, placement of temporary political signs
19.80, 19.84, 19.88, 19.92, 19.96, (19.104)
19.100, 19.104, 19.108, 19.112, 12-2099 Amends Ch. 16.58, Green Building
19.116, 19.120, 19.124, 19.128, Standards Code(16.58) (Repealed by
19.132, 19.136, 19.140, 19.144, Ord. 19-2193)
19.148, 19.152, 19.156, 19.160, 2100 Amends contract with PERS (Not
19.164, 19.168; repeals Title 17 (2.90, codified)
9.16, 14.18, 16.08, 18.04, 18.08, 12-2101 Amends 13.04.130 to prohibit feeding
18.12, 18.16, 18.20, 18.24, 18.28, waterfowl in City parks; amends
18.32, 18.36, 18.40, 18.44, 18.48, 1.12.010 to set a penalty therefor
18.52, 18.56, 19.04, 19.08, 19.12, (1.12, 13.04)
19.16, 19.20, 19.24, 19.28, 19.32, 13-2102 Adds Ch. 9.17, regulation of single-
19.36, 19.40, 19.44, 19.48, 19.52, use carryout bags (9.17)
19.56, 19.60, 19.64, 19.68, 19.72, 13-2103 Amends 9,18.020, 9.18.210,
19.76, 19.80, 19.84, 19.88, 19.92, 9.18.260; adds 9.18.215 regarding
19.96, 19.100, 19.104, 19.108, stormwater pollution prevention(9.18)
19.112, 19.116, 19.120, 19.124, 13-2104 Rezoning certain land(Not codified)
19.128, 19.132, 19.136, 19.140, 13-2105 Amends 8.03.010 and 13.04.130
19.144, 19.148, 19.152, 19.156, regarding dogs off leash(8.03, 13.04)
19.160, 19.164, 19.168) 13-2106 Amends 2.04.005, date of general
2086 Amending the zoning map (Not municipal election(2.04)
codified) 13-2107 Amends Ch. 14.18, protected trees
2087 Amending the Heart of the City (14.18)
Specific Plan (Not codified) 13-2108 Amends 5.32.060, 5.32.090,
5.32.100, 5.32.190- 5.32.260,
5.32.280- 5.32.330 regarding bingo
(5.32)
2020 S-76
43 Comprehensive Ordinance List
Ord. No. Ord. No.
13-2109 Amends 14.04.170 and 18.32.390 14-2117 Adds 16.58.400 and 16.58.420 to Ch.
regarding acceptance of public 16.58, Green Building Standards Code
improvements (14.04, 18.32) (Repealed by Ord. 19-2193); amends
13-2110 Repealing and replacing Ch. 14.08, 1.08.010, 1.08.020, 1.08.030
encroachments and use of city rights-of- regarding right of entry for inspection
way (14.08) (16.58, 1.08)
13-2111 Amends 14.12.120 regarding condition 14-2118 Amends 11.27.020, 11.27.050,
for development or building permit 11.27.145 regarding designation of
(14.12) preferential parking zones around the
13-2112 Rezoning certain land(Not Codified) Civic Center Plaza(11.27)
13-2113 Rezoning certain land(Not Codified) 14-2119 Rezoning certain land(Not Codified)
13-2114 Approving development agreement 14-2120 Amends 11.08.250 regarding j
between city and Apple, Inc.; repeals designated bicycle lanes (11.08)
Ord. 1702(Special) 14-2121 Amends 10.56.020, 10.90:010,
13-2115 Amending Ch. 16; adding Ch. 16.02, 10.90.020, 10.90.040, and 10.90.050,
Administrative Code (Repealed by Ord. regarding outdoor smoking (10.56,
16-2155); repealing and replacing Ch. 10.90)
16.04, Building Code(Repealed by 14-2122 Amends 9.17.130 regarding single-use
Ord. 16-2155; repealing and replacing carryout bags (9.17)
Ch. 16.06, Residential Code (Repealed 14-2123 Adds 2.08.145 regarding City Council
by Ord. 16-2155); repealing and review (2.08)
replacing Ch. 16.12, Soils and 14-2124 Rezoning certain land(Not Codified)
Foundations- Subdivisions; repealing 14-2125 Adding Ch. 13.08, park land
and replacing Ch. 16.16, Electrical dedication, amending Ch. 18.24,
Code (Repealed by Ord. 16-2155); dedications and reservations, Ch.
repealing and replacing Ch. 16.20, 19.08, definitions, Ch. 19.12,
Plumbing Code (Repealed by Ord. Administration, Ch. 19.20, permitted,
16-2155); repealing and replacing Ch. conditional, and excluded uses in
16.24, Mechanical Code (Repealed by agricultural and residential zones, Ch.
Ord. 16-2155); repealing Ch. 16.32, 19.56, density bonus (Repealed by
Swimming Pools; amends 16.36.010, Ord. 16-2149), Ch. 19.76, Public
16.36.020, 16,36.030, 16.36.040, Buildings (BA), Quasi-Building (BQ)
16.36.050, 16.36.070, 16.36.120 and Transportation(T) zones, Ch.
regarding relocation of buildings; 19.80, Planned Development(P)
repealing 16.36.130 regarding zones, Ch. 19.84, Permitted,
violations-penalty for moving buildings; conditional and excluded uses in Open
repealing and replacing Ch. 16.40, Fire Space, Park and Recreation and
Code (Repealed by Ord. 16-2155); Private Recreation zoning districts,
amends 16.54.010 regarding adoption of Ch. 19.144, development agreements,
Energy Code(Repealed by Ord. adding Ch. 19.172, below market rate
19-2193); amends 16.58.010, housing program(13.08, 18.24, 19.08,
16.58.015, 16.58.040, 16.58.100 19.12, 19.20, 19.56, 19.76, 19.80,
regarding the Green Building Standards 19.84, 19.144, 19.172)
Code (Repealed by Ord. 19-2193), 14-2126 Amends Ch. 14.18 regarding tree
(16.02, 16.04, 16.06, 16.12, 16.16, removal (14.18)
16.20, 16.24, 16.32, 16.36, 16.40, 15-2127 Amends 2.36.030, 2.36.0070,
16.54, 16.58) 2.36.080 and 2.36.090 regarding the
14-2116 Adds 9.15.100, 9.15,110, 9.15.120, City Park and Recreation Commission
9.15.130, 9.14.140, prohibiting use of (2.36)
polystyrene foam disposable food 15-2128 Amends 11.32.010 and adds 11.32.055
service ware(9.15) regarding truck access to streets in
school zones(11.32)
2020 S-76
Cupertino - Comprehensive Ordinance List 44
Ord. No. Ord. No.
15-2129 Amends Ch. 2.40, Disaster Council 16-2144 Approving development agreement
(2.40) between city and IAC at Cupertino LLC
15-2130 Amends Ch. 6.24, Garbage, Non- (Special)
Organic Recycling and Organic Waste 16-2145 Amends 11.27.145 concerning
Recycling Collection and Disposal; designation of preferential parking zones
amends Ch. 9.16, Solid Waste, (11.27)
Non-Organic Recycling and Recycling 16-2146 Amends 11.27.145 concerning
Areas (6.24, 9.16) designation of preferential parking zones
15-2131 Amends Ch. 15.32, Water Conservation (11.27)
(15.32) 16-2147 Amends 11.27.145 concerning
15-2132 Adds Ch. 2.94, Sustainability designation of preferential parking zones
Commission(2.94) (11.27)
15-2133 Adds Ch. 16.28, Expedited Permit 16-2148 Approving development agreement
Process for Small Rooftop Solar Systems between city and Marina Plaza LLC
(16.28) (Special)
1'17-2134 Amends 11.32.020, 11.32.055, 16-2149 Amends 19.08.030, 19.12.080,
11.32.070 and 11.32.080 regarding 19.12.180, 19.28.120 and 19.32.010
routes and truck access within city related to permits, procedure, and code
truck ro tY
and school zones, (11.32) requirements; repeals and replaces Ch.
15-2135 Rezoning certain land(Not Codified) 19.56, Density Bonus; adds 1.10.055,
15-2136 Amends § 2.12.040, ordinance passage recording notice of violations, and
(2.12) 19.104.205, sign message substitution
15-2137 Amends § 2.04.010, regular meetings (1.10, 19.08, 19.12, 19.28, 19.32,
(2.04) 19.56, 19.104)
f
15-2138 Authorizing the implementation of a 16-2150 Amends 19.124.030 and 19.124.040
Community Choice Aggregation regarding parking standards in various
Program(Not Codified) zones (19.124)
16-2139 An interim urgency ordinance 16-2151 Adds Ch. 3.37, Minimum Wage (3.37)
establishing a moratorium on all medical 16-2152 An interim urgency ordinance
marijuana facilities pending completion establishing a moratorium on
of an update to the zoning code (Not establishment, expansion, or relocation
Codified) of payday lending and check cashing
16-2140 Amends § 19.08.030 regarding businesses pending completion of an
definitions (19.08), adds Ch. 19.98 update to the zoning code (Not Codified)
regarding medical marijuana(19.98) 16-2153 An interim urgency ordinance
(Ch. 19.98 repealed by Ord. 17-2169) establishing a temporary moratorium on
16-2141 Amends § 14.04.110 and§ 18.56.040 non-medical marijuana dispensaries,
regarding street reimbursement charges marijuana cultivation and cultivation
(14.04, 18.56) facilities, commercial cannabis activities
16-2142 Repealing and replacing landscape and marijuana transport and deliveries
ordinance, §§ 14.15.010, 14.15.020, pending completion of an update to the
14.15.030, 14.15.040, 14.15.050, zoning code (Not Codified)
14.15.060, 14.15.070, 14.15.080, 16-2154 Amends Ch. 16.52, Prevention of Flood
14.15.090, 14.15.100, 14.15.110, Damage (16.52)
14.15.120, 14.15.130, 14.15.140,
14.15.150, 14.15.160, 14.15.170,
14.15.180(14.15)
16-2143 Amending 3.23.030, 3.23.040,
3.23.050, 3.23.120 regarding public
works contracts and bidding procedures
(3.23)
2020 S-76
45 Comprehensive Ordinance List
Ord. No. Ord. No.
16-2155 Repealing and replacing Chs. 16.02, 17-2163 Amends 11.27.145 regarding
16.04, 16.06, 16.16, 16.20, 16.24, preferential parking zones (11.27)
16.40, repealing Ch. 16.42, amending 17-2164 Amends §§ 16.72.010 through
§§ 16.58.010, 16.58.010, 16.58.015, 16.72.070 regarding recycling and
16.58.040, 16.58.100 and 16.80.040 diversion of construction and
regarding California building, demolition waste (16.72)
residential, electrical, mechanical, 17-2165 Amends §§ 9.22.010 through
plumbing, energy, historical, fire, 9.22.050, 19.08.030, 19.12,030,
existing building, and greed building 19.12.080, 19.12.100, 19.12.110,
standards codes (16.02, 16.04, 16.06, 19.24.050, 19.28.070, 19.36.070,
16.16, 16.20, 16.24, 16.40, 16.42, Tables 19.40.050, 19.40.060,
16.54, 16.58, 16.80) (Chs. 16.02, 19.60.030, and 19.64.020, and
16.04, 16.06, 16.16, 16.20, 16.24, 19.112.030, and §§ 19.116.030
16.40, §§ 16.54.010, 16.58.010, through 19.116.060 regarding property
16.58.015, 16.58.040 and 16.58.100 maintenance, administration, accessory
repealed by Ord. 19-2189; dwelling units, definitions, agricultural
§§ 16.58.010, 16.58.015, 16.58.040, and agricultural-residential zones,
16.58,100 repealed by Ord. 19-2193) multiple-family residential zones,
16-2156 An interim urgency ordinance residential hillside zones, general
establishing a temporary moratorium on commercial zones, permitted,
the establishment, expansion, or conditional and excluded uses, and
relocation of payday lending and check conversions of apartment projects to
cashing businesses pending completion common interest developments (9.22,
of an update to the zoning code (Not 19.08, 19.12, 19.24, 19.28, 19.36,
Codified) 19.40, 19.60, 19.64, 19,112, 19.116)
16-2157 Amends § 19.08.030 regarding 17-2166 Amendments to zoning map change
definitions (19.08) (Not Codified)
16-2158 Amends Ch. 8.07 and Table 19.20,020 17-2167 An interim urgency ordinance
regarding beekeeping (8.07, 19.20) extending Ordinance 16-2153 and a
16-2159 Amends §§ 19.08.030, Table temporary moratorium on non-medical
19.20.020, 19.24.040, 19.52.020, and marijuana dispensaries, marijuana
Ch. 19.112 regarding accessory cultivation and cultivation facilities,
dwelling units (19.20, 19.24, 19.52 and commercial cannabis activities and
19.112) marijuana transport and deliveries
16-2160 An interim urgency ordinance pending completion of an update to the
establishing a temporary moratorium on zoning code(Not Codified)
non-medical marijuana dispensaries, 17-2168 Add Ch. 14.02, Transportation Impact
marijuana cultivation and cultivation Fee Program(14.02)
facilities, commercial cannabis activities 17-2169 Adds Ch. 10.84, amends § 19.08.030,
and marijuana transport and deliveries and repeals and replaces Ch. 19.98,
pending completion of an update to the regarding medicinal and adult use of
zoning code (Not Codified) marijuana(10.84, 19.08, 19.98)
17-2161 Amends §§ 11.08.160 and 11.08.180 17-2170 Amends §§ 19.08.030 and 19.112.020,
regarding restrictions on bicycles title of Ch. 19.112, and Table
(IL08) 19.112.030, regarding accessory
17-2162 Amends Table 19.12.030, dwelling units in R-1, RHS and A-1 {
§§ 19.12.080, 19.12.090, 19.12.110, zones (19.08, 19.112) I1
Tables 19.20.020, 19.28.040, and 18-2171 Amends § 2.80.010, regarding the
§ 19.28.050 regarding zoning Fine Arts Commission(2.80)
administration, permitted and 18-2172 Adds Ch. 10.05, Social Host
conditional uses, and single story Responsibility (10.05)
overlay district process (19.12, 19.20,
19.28)
f
2020 S-76 f
I
Cupertino - Comprehensive Ordinance List 46
Ord. No. Ord. No.
18-2173 Amends § 2.48.020 and adds 19-2187 Amends §§ 19.12.030, 19.16.010,
§ 2.48.040 regarding the Department of 19.16.030, 19.16.060, and 19.80.030
Public Works (2.48) regarding P(R3,CG)mixed use
18-2174 Amends §§ 3.12.010 through 3.12.030 planned development and removing
and 3.12.050 through 3.12.140 references to Vallco Town Center
regarding transient occupancy tax(3.12) Specific Plan(19.12, 19.16, 19.80)
18-2175 Amends Table 19.12,030 and Ch. 19-2188 Rezoning certain land (Not Codified)
19.148 regarding required artwork in 19-2189 Repeals and replaces Ch. 16.02,
public and private developments (19.12, 16.04, 16.06, 16.16, 16.20, 16.24,
19.148) 16.40, 16.54, §§ 16.58,010,
18-2176 Amends § 11.27.145 regarding 16.58.015, 16.58.040 and 16.58.100;
preferential parking zones (11.27) adds Ch. 16.62, 16.64, 16.68,
18-2177 Amends §§ 19.12.030, 19.16.010, and California building codes (16.02,
20.04.040 regarding adoption and 16.04, 16.06, 16.16, 16.20, 16.24,
implementation of Vallco Town Center 16.40, 16.54, 16.58, 16.62, 16.64,
Specific Plan(19.12, 19.16, 20.04) 16.68) (Ch. 16.54 and §§ 16.58.010,
18-2178 Rezone (Special) 16.58.015, 16.58.040 and 16.58.100
18-2179 Approves development agreement repealed by 19-2193)
between city and Vallco Property 19-2190 Adds Ch. 5.50; repeals Ch. 10.27,
Owner, LLC (Special) (Repealed by regulating sale of tobacco products
19-2184) (5.50, 10.27) (Ch. 5.50 repealed by
7
18-2180 Repeals § 2.40.030 and amends 20-219 )
§§2.32.020, 2.32.060, 2.36.020, 19-2191 Amends Ch. 19.80, planned unit
2.36.070, 2.36.080, 2.60.020, development (PUD)zones, (19.80)
2.60.060, 2.68.020, 2.68.060, 19-2192 Amends Ch. 13.08 and 19.24, park
2.74,020, 2.74.050, 2.80.020, land dedications and fees in lieu
2.80.070, 2.84.020, 2.84.070, thereof(13.08, 19.24)
2.86.030, 2.86.090, 2.88.030, 19-2193 Repeals and replaces Ch. 16.54,
2.88.090, 2.90.080, 2.92.020, energy code and Ch. 16.58, green
2.92.070, 2.94.020 and 2.94.070 building standards code (16.54, 16.58)
regarding terms of office and records 19-2194 An interim emergency ordinance
for various City Commissions (2.32, Approving just cause eviction
2.36, 2.40, 2.60, 2.68, 2.74, 2.80, protections and rental rate limits (Not
2.84, 2.86, 2.88, 2.90, 2.92 and 2.94)
Codified
18-2181 Adds Ch. 2.95, Teen Commission 20-2196 Repeals 2.08.010, adoption of Council
(2.95) rules (2.08)
19-2182 Amends § 2.80.010 regarding the 20-2197 Repeals and replaces Ch. 5.50,
number of members of the Fine Arts regulating the sale of tobacco products
Commission(2.80) (5.50)
19-2183 Adds Ch. 3.38 regarding clean water 20-2199 Amends 19.08.030, 19.20.020 and Ch.
and storm protection fee (3.38) 19.112, zoning definitions, uses,
15'-2184 Repeals Ord. 18-2179 that approved a accessory dwelling units (19.08,
development agreement between the city 19.20, 19.112)
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) r
2020 S-76
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 Salary
Bicycle, fee allocation 11.08.130 amount, effective date 2.16.020
statutory basis 2.16.010
2020 S-76
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
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 Y P
System adopted 3.25.010
See also Specific Employee To officer, employee of city, restrictions 3.25.090
Communication with public Transfer to charity, public agency 3.25.100
See COMMUNICATION WITH CITY
See OFFICIALS EXCAVATION, GRADING, RETAINING WALLS
General personnel policies Appeals 16.08.265
See PERSONNEL Bond requirements 16.08.150
Civil engineer grading supervision 16.08.230
EMPLOYEES' RETIREMENT SYSTEM Definitions 16.08.020
See PERSONNEL Engineering geological reports 16.08.120
Fees 16.08.160
ENERGY CODE Grading
Adoption of 2019 California Energy Code See also Specific Type or Phase
16.54.010 emergency permit issuance 16.08.185
Definition and rules of construction 16.54.110 supervision 16.08.230
Local amendments 16.54.040 Inspections 16.08.250
Scope 16.54.100 Interim plan 16.08.110
Limitations of provisions 16.08.040 4
ENCROACHMENTS Modifications 16.08.240
See STREETS AND SIDEWALKS Permit
application contents 16.08.080
ENGINEER, CITY approval conditions 16.08.190
Encroachment permit issuance 14.08.050 denial 16.08.180
Preliminary soil report approval 16.12.050 design standards 16.08.200
Truck route signing 11.32.020 emergencies 16.08.185
exemptions
ENVIRONMENTAL PROTECTION categorical 16.08.070
CEQA guidelines adopted 2.84.090 generally 16.08.060
issuance conditions 16.08.170
ENVIRONMENTAL REVIEW COMMITTEE limitations, conditions 16.08.210
Appeals 2.84.100 permittee responsibility 16.08.220
Chairperson 2.84.030 revocation 16.08,280
City powers not restricted 2.84.120 suspension. 16.08.270
Compensation, expense reimbursement 2.84.050 Permittee responsibility 16,08.220
Environmental assessment fee 2.84.110 Purpose of provisions 16,08.010
Established, composition 2.84.010 Scope 16.08.050
Meetings Severability 16.08.030
majority vote 2.84.060 Site map, grading plan required 16.08.100
quorum 2.84.040 Soils engineering reports 16.08.130
Office, term 2.84.020 Title of chapter 16.08.000
Powers, duties 2.84.080 Violation
Record of proceedings 2.84.070 penalties designated 16.08.290
remedies deemed cumulative 16.08.300
EQUIPMENT, SURPLUS, SALE Work
Auction completion notice, report 16.08.260
bidding, payment 3.25.060 schedule required 16.08.140
required 3.25.050
Between agencies 3.25.080 EXPLOSIVES
Centralization required 3.25.030 Disposal 6.24.100
Notice 3.25.040 Permit
Officer designated, powers, duties issuance 10.20.020
generally 3.25.020 required, application 10.20.010
Open market, when 3.25.070 Storage 10.20,030
Violation, penalty 10.20.040
2020 S-76
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
is
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
16.40.140
FINANCE DIRECTOR
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
Sto g Flammable and combustible liquids 16.40.260
bill correction authority 3.36.150
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
Liquified petroleum gases 16.40.320
premises inspection authority 3.36.190 q P g
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 FIRE MARSHAL, COUNTY
Compensation, expenses 2.80.090 Weed abatement
Effect of provisions 2.80.100 assessment
Established, appointment, composition 2.80.010 collection authority 9.08.100
Meetings hearing, submittal of record 9.08.090
generally 2.80.050 notice distribution 9.08.080
quorum 2.80.050 recordkeeping duty 9.08.070
voting, requirements 2.80.060 duty 9.08.060
Members notice mailing 9,08.040
appointment, composition 2,80.010
terms of office 2.80.020 FIREWORKS
vacancy filling, removal procedures 2.80.030 Definitions 10.24.010
Officers 2.80.040 Exceptions 10.24.030
Powers, duties generally 2.80.080 Prohibitions 10.24.020
Records 2.80.070 Violation, penalty 10.24.080
FIRE
See FIRE CODE
See SMOKING
2020 S-76
13 Index
a
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
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 Pacific Gas and Electric Company
Interpretation 16.52.015 See Electricity
Liability disclaimer 16,52.016 See Gas
Manufactured homes, standards for 16.52.053 San Jose waterworks
Recreational vehicles, standards for 16.52.054 designated 6.20.010
Statutory authorization 16.52.001 gross annual receipts, percentage payment to
Subdivisions and other proposed development, city 6.20.050
standards for 16.52.045 maintenance
Utilities, standards for 16.52.044 notice 6.20.020
Variances required 6.20.030
Appeal Board 16.52.062 term 6.20.040
conditions for 16.52.061 Water
Warning and disclaimer of liability 16,52.016 See California water service
See San Jose waterworks
FOOD ESTABLISHMENT
See RESTAURANT FUND
Investment 2.24.050
FRANCHISE Special gas tax street improvement
Cable television See SPECIAL GAS TAX STREET
See CABLE AND VIDEO SERVICES IMPROVEMENT FUND
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino garbage company
See GARBAGE
2020 S-76
Cupertino - Index 14
G __ Franchise
See Collection service
GARAGE, PATIO SALE Recycling
Definitions 5.16.020 mandatory non-organic recycling for businesses
Enforcement 5.16.060 6,24,035
Findings 5.16.010 mandatory organic recycling for business
Goods display 5.16.050 structures 6.24.037
Limitation 5.16.030 mandatory solid waste collection service,
Sign exemption procedures 6.24.031
See also SIGN Purpose of provisions 6.24.010
regulations generally 19.104.250 Recycling center, operation, use 6.24.190
restrictions 5.16.040 Violation, penalty 6.24.240
Violation
penalty 5.16.070 GAS
presumption 5.16.041 See FRANCHISE
TOXIC GASES
GARBAGE
Administration, enforcement, regulations adoption GENERAL PENALTY
6.24.230 See PENALTY, GENERAL
Burning, restrictions 6.24.090
Collection GENERAL PLAN
See also Specific Subject See LAND DEVELOPMENT PLANNING
unauthorized, prohibited 6.24.200
Collection service charges GOAT
See also Delinquent account See ANIMAL
mandatory, owner responsibilities
establishment, collection 6.24.150 GRADING
failure to pay, effect 6.24.160 See EXCAVATION
commencement, time limits 6.24.040
franchise GRAFFITI
grant, scope, authority 6.24.120 Abatement
interference prohibited 6.24.210 generally 10.60.050
mandatory, owner responsibilities procedure 10.60.060
6.24.030 stayed during prosecution 10.60.070
unauthorized use prohibited Definitions 10.60.030
6.24.220 Nuisance declared 10.60.020
Container Prohibited 10.60.040
inappropriate, additional charges when Purpose of provisions 10.60.010
6.24.080 Remedies cumulative 10.60.080
standards, use regulations 6.24.070 Violation, penalty 10.60.090
Definitions 6.24.020
Delinquent account
collection, procedure 6.24,180
notification 6.24.170
Disposal
explosive, hazardous materials 6.24.100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24.110
2020 S-76
15 Index
GREEN BUILDING STANDARDS CODE Definitions 9.12.013
Adoption of 2019 California Green Building Duties discretionary 9.12.132
Standards Code, 16.58,010 Effective date 9.12,140
Adoption of Appendix Chapters 16.58.015 Emergency equipment 9.12.038
Alternate green building standards 16.58.230 Emergency procedures
Compliance with local water-efficient landscape See also Emergency response plan
ordinance posting 9.12.039
non-residential 16.58.310 Emergency response plan
residential 16.58,300 See also Emergency procedures
Definitions 16.58,280 hazardous materials defined 9.12.043
Electric vehicle(EV) charging required, requirements 9.12.043
non-residential 16.58.420 Exclusions 9.12.021
residential 16.58.400 Existing storage facility requirements 9.12.032
Exemptions 16.58.260 Fences, locks required 9.12.037
Local amendments 16.58.020 Guidelines 9.12.131
Major multi-family residential renovations/additions Handling 9.12.036
16.58.150 Hazardous materials management plan
Mandatory requirements 16.58.100 required 9.12.040
Mixed-use 16.58.210 short form 9.12.042
Non-residential new construction standard form 9.12.041
large 16.58.180 Hearing
medium 16.58.170 notices 9.12.111
small 16.58.160 rules 9.12.110
Non-residential renovation/additions Inspection
major 16.58.200 by city 9.12.070
minor 16.58.190 by permittee 9.12.071
Projecttypes 16.58.110 special 9.12.072
Residential new construction substituted 9.12.073
equal to or less than nine(9)homes 16.58.130 Inventory statement
greater than nine(9)homes or more 16.58.140 information required 9.12.051
Residential projects 16.58.120 public record 9.12.053
Scope 16,58.040 required 9.12.050
Table 101.10-Added 16.58.220 Liability disclaimer 9.12.130
Tenant improvements 16.58.290 Maintenance, repair, replacement of facilities
Title 16.58.030 9.12.035
Verification 16.58.240 New storage facility requirements 9.12.031
Out-of-service storage facility requirements
GUN 9.12.033
See FIREARM Permit
additional approvals 9.12.085
--H-- appeal
disposition 9.12.095
HANDBILLING hearing 9.12.094
See ADVERTISING time limit 9.12.093
application 9.12.081
HAZARDOUS MATERIALS STORAGE approval 9.12.083
See also FIRE CODE denial
TOXIC GASES authority 9.12.090
Compliance time table 9.12.141 decision transmittal 9.12.092
Conflict with other laws 9.12.133 determination 9.12.088
Containment 9.12.030 effective date, term 9.12.086
fees 9.12.089
2020 S-76
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 9.12.100 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
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 w 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
i
2020 S-75
33 Index
Records 3.35.140 TRAFFIC
Refunds 3.35.150 Cruising
Remedies cumulative 3.35.220 definitions 11.30.010
Short title 3.35.010 exemptions 11.30.020
Substantial nexus/minimum contacts 3.35.070 prohibited 11,30.030
Telecommunication users' tax 3.35.050 violation,penalty 11.30.040
Curb opening closure
THEATER authority 11.36.030
Business license hearing
See also BUSINESS LICENSE appeal 11.36.060
fee 5.04.440 authorized 11.36.050
Smoking notice contents 11.36.040
See SMOKING provisions nonexclusive 11.36,020
purpose, definitions 11.36.010
TOBACCO PRODUCTS; REGULATING THE Diverters 14.04.125
SALE OF Downtown area
See also SMOKING; REGULATION OF See Cruising
Appeals 5.50.150 Driveway opening
Compliance monitoring 5.50.110 See Curb opening closure
Definitions 5.50.020 Engineer
Enforcement 5.50.160 See TRAFFIC ENGINEER
Fees 5.50.100 Intersections, blocking prohibited 11.24.240
Intent 5.50.010 Loading zones
No conflict with federal or state law 5.50.170 See Parking
Penalties Median closure
for a violation by a retailer with a permit See Curb opening closure
5.50.130 Parking
for retailing without a permit 5.50.140 See PARKING
Permit Road bumps
application procedure 5.50.050 administrative authority designated 11.34.020
conveys limited, conditional privilege defined 11.34.010
5.50.090 installation where, criteria 11.34.030 j
denial 5,50.060 Road construction, traffic regulations 11.36.070
eligibility requirements for 5.50.040 Speed bumps
expiration 5.50.070 See Road bumps
issuance of 5.50.060 Speed limits
nontransferable 5.50,080 authority, declaration 11.12.020
penalties for established 11.12.030
retailing without a permit 5.50.140 purpose of provisions 11.12.010
violation by a retailer with a permit signing 11.12.040
5.50.130 Stop intersection
renewal 5.50.070 all directional, designated, required action
revocation 5.50.060 . 11.20.030
term 5.50,070 designated, required action 11,20.020
Requirements and prohibitions 5.50.030 purpose of provisions 11.20.010
Underage sales, prevention of 5.50.120 signing 11.20.040
Stopping, standing
TRACTOR See PARKING
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
r
2020 S-76
Cupertino -Index 34
Truck routes TREASURER, CITY
compliance required 11.32.030 Conflict of interest 2.64.020
established 11.32.020 Franchise pipeline inspection 6.04.050
pickups, deliveries, exceptions 11.32.070 Investment authority 2.24.050
school zones—prohibited vehicles 11,32.055 Monthly statements required 2.24.030
truck defined 11.32.010 Oath of office, bond 2.24.040
unrestricted highways designated 11.32.050 Payment, procedure 2.24.020
use regulations generally 11.32.060 Responsibility for city moneys 2.24.010
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040 TREASURER, COUNTY
violation, penalty 11.32.090 Assessment collection responsibility 3.16.010
TRAFFIC ENGINEER TREE
Bicycle lane sign erection 11.08.260 See STREETS AND SIDEWALKS
Parking TREES
curb marking, sign authority 11.26.040
handicapped parking space approval 11.26.100 TREES
loading space establishment authority Protected Trees
11.26.070 action by Director 14.18.120
space marking authority 11.26.060 actions prohibited 14.18.030
definitions 14.18.020
TRANSIENT OCCUPANCY TAX exemptions 14.18.150
Collection action 3.12.130 heritage tree designation 14.18.070
Definitions 3.12.020 heritage tree identification tag 14.18.090
Failure to collect and report heritage tree list 14,18.080
appeal 3.12.100 penalty 14.18.220 %
determination 3,12.090 plan of protection 14.18.060
Imposition 3.12.030 protected trees 14.18.050
Operator duty 3.12.050 protection during construction 14.18.200
Penalty, interest 3.12.080 purpose of provisions 14.18.010
Records retention, access 3.12.110 recordation 14.18.100
Refund condition 3.12.120 removal
Registration 3.12.060 application 14.18.110
Reporting, remitting 3.12.070 approval authority 14.18.110
Short title 3.12.010 notice and posting 14.18,130
Violation, penalty 3.12.140 notice of action 14.18.190
appeal 14.18.190
TRANSPORTATION IMPACT FEE PROGRAM protection plan before granting permit
Applicability 14.02.040 14.18.210
Authority 14.02.030 retroactive permit 14.18.170
Definitions 14.02.020 review 14.18.180
Disposition of TIF program revenue and TIF retention promoted 14.18.040
capital project construction 14.02.080 Tree Management Plan 14.18.140
Exemptions 14.02.060 tree replacement 14.18.160
Fee credits 14.02.070 Street tree regulations
Purpose 14.02.010 appeals 14.12.170
Transportation Impact Fee Program 14.02.050 building permit requirements
condition of issuance 14.12.120
TRAPS definitions 14.12.020
See ANIMAL enforcement 14,12.040
i
i
2020 S-76
34A Index
financial hardship and lien procedure
14,12.160
master street tree list 14.12,050
nuisance conditions 14.12.110
penalty 14.12.150
planting specifications 14.12.060
prohibited acts 14.12.080
public tree management 14.12.070
purpose of provisions 14.12.010
removal
permit, notice 14.12.090
public utilities 14.12.090
replacement 14.12,100 .
remedies 14.12.140
responsibility 14,12.030
schedules
new street tree costs and public tree
damage or removal fee 14.12.130
violation,penalty 14.12.140
TRESPASSING
Shopping center
defined 10.56.010
enforcement powers not affected 10.56.050
exception 10.56.030
unlawful actions 10.56.020 I
violation, penalty 10.56.070
I
--U--
UNDERGROUND UTILITIES
Conversions 1
city responsibility 14.20.100 j
company responsibility 14.20.080
exceptions
i
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
2020 S-76
Cupertino -Index 34B
37 Index
Z__ application process 19.12.080
approval authority 19.12.030
ZONING city council, authority of 19.12.070
A-1 zone city council, action by 19.12.140
applicability of provisions 19.24.020 decision 19.12.100
building development regulations 19.24.050 design review committee, authority of
conditional uses 19.24.030 19.12.050
designated 19.16.010 design review committee and planning
excluded uses 19.24.030 commission, action by 19.12.130
permitted uses 19.24.030 director, action by 19.12.090
purpose 19.24.010 director of community development, action
site development regulations 19.24.040 by-Administrative 19.12.120
A zone director of community development, authority
applicability of provisions 19.24.020 of 19.12.040
building development regulations 19.24.050 effective date 19.12.160
conditional uses 19.24.030 expiration, extension, violation and revocation
designated 19.16.010 19.12.180
excluded uses 19.24.030 notice of decision and reports 19.12.150
permitted uses 19.24.030 noticing 19.12.110
purpose 19.24.010 planning commission, authority of 19.12.060
site development regulations 19.24.040 purpose and intent 19.12.010
Accessory building, structure Administrative and professional office zone
applicability of provisions 19.100.010 See OA zone
Detached Accessory Buildings and Structures Administrative office
Example, Ch. 19.100, Appendix A CG zone 19.60,030
generally 19.100.020 ML-rc zone 19.64.020
site development regulations 19.100.030 MP zone 19.64.020
Accessory dwelling unit OA zone 19.64.020
A-1 zone 19.20.020 OP zone 19.64,020 j
A zone 19.20.020 Adoption of provisions 19.04.010
purpose 19.112.010 Adult-oriented commercial activities
RI zone 19.20.020 applicability of provisions 19.128.020
regulations 19.112.020 purpose 19.128.010
review process 19.112.050 regulations
RHS zone 19.20.020 concentration of activities 1.9.128.030
site development regulations for proximity to residential, public, quasi-
non-streamlined accessory dwelling units public uses 19.128.040
19.112.040 Agricultural-residential zone
site development regulations for streamlined See A-1 zone
accessory dwelling units &junior accessory Agricultural uses
dwelling units 19.112.030 PR zone 19.84.020
Accessory facilities Agricultural zone
A-1 zone 19.20.020 See A zone
A zone 19.20.020 Airfields
CG zone 19.60.030 T zone 19.76.030
OA zone 19.64.020 Airport
PR zone 19.84.020 T zone 19.76.030
R-1 zone 19,20.020 Air sports field
R-2 zone 19.20.020 FP zone 19.84.020
R-3 zone 19.20.020 Amendment
RHS zone 19.20.020 boundaries, changes in 19.152.020
Administration generally 19.152.010
appeals 19,12.170 prezoning 19.152,040
applicability of regulations 19.12.020 regulations, changes in 19.152.030
2020 S-76
Cupertino-Index 38
Amusement park Automobile service station
FP zone 19.84.020 CG zone 19.60.030
Animal ML zone 19.64.020
breeding Automobile washing facility
A-1 zone 19.20.020 CG zone 19.60.030
A zone 19.20.020 ML zone 19.64.020
keeping BA zone
A-1 zone 19.20.020 applicability of provisions 19.76.020
A zone 19.20.020 application requirements 19.76.050
R1C zone 19,20.020 conditional uses 19.76.030
R-1 zone 19.20.020 designated 19.16.010
R-2 zone 19.20.020 excluded uses 19.76.030
R-3 zone 19.20.020 permits required for development 19.76.040
RHS zone 19.20.020 permitted uses 19.76.030
Antenna purpose 19.76.010
See Wireless communications facilities site development regulations 19,76.060
Apia, Bank
A-1 zone 19.20.020 CG zone 19.60.030
A zone 19.20.020 Barn
Appeal A-1 zone 19.20.020
action A zone 19.20.020
city council 19.136.050 Beverage container redemption, recycling center
planning commission 19.136.040 See Recycling center
filing procedures 19.136.020 Bicycle motocross
generally 19.136.010, 19.136.060 FP zone 19.84.020
hearing, notification 19.136.030 Billiards
Arboretum FP zone 19.84.020
A-1 zone 19.20.020 Boardinghouses
A zone 19.20.020 CG zone 19.60.030
Archery practice range Boat rental
FP zone 19.84.020 ML zone 19.64.020
Architectural, site review Boat sales
findings 19.168.030 ML zone 19.64.020
limitations regarding decisions 19.168.020 Bowling
purpose of regulations 19.168.010 FP zone 19.84.020
Artwork,required in public and private developments BQ zone
See ARTWORK, REQUIRED IN applicability of provisions 19.76.020
PUBLIC AND PRIVATE DEVELOPMENTS application requirements 19.76.050
Assembly conditional uses 19.76.030
ML zone 19.64,020 designated 19.16.010
Athletic field excluded uses 19.76.030
FP zone 19.84.020 permits required for development 19.76.040
Auction house permitted uses 19.76.030
ML zone 19.64.020 purpose 19.76.010
Automobile rental site development regulations 19,76.060
ML zone 19.64.020 Building materials sales
Automobile repair shops ML zone 19.64.020
CG zone 19.60.030 Buildings, public and quasi-public
Automobile sales A-1 zone 19.20.020
CG zone 19.60.030 A zone 19.20.020
ML zone 19.64.020
2016 5-59
45 Index
Quarry conditional uses 19.36.030
A-1 zone 19.20.020 designated 19.16.010
A zone 19.20,020 development plan required 19.36.040
Quasi-public building zone excluded uses 19.36.030
See BQ zone permit required for development 19.36.050
R1C zone permitted uses 19.36.030
applicability of provisions 19.44.020 purpose 19.36.010
changes after granting 19.44.070 site development regulations 19.36.060
characteristics 19.44.030 Racquet club
conditional uses 19.44.040 FP zone 19.84.020
designated 19.16.010 Radioactive material manufacture
exceptions—findings 19.44.080 ML zone 19.64.020
excluded uses 19.44.040 Radio aerial
permitted uses 19.44.040 See Wireless communications facilities
purpose 19.44.010 Radio station
site development regulations 19,44.050 ML zone 19.64.020
specific development standards 19.44.060 ML-rc zone 19.64.020
R-1 zone Radio tower
applicability of regulations 19.28.020 A-1 zone 19.20.020
building development regulations 19.28.070 A zone 19.20.020
conditional uses 19.28.030 Railroad
designated 19.16.010 T zone 19.76.030
development regulations 19.28.080, 19,28.090 Real estate agency
building 19,28.070 CG zone 19.60.030
Rl-a 19.28.090 Reasonable accommodation
site 19.28.060 appeals 19.52.060
Eichler(Rl-e)building design requirements applicability 19.52.020
19.28.080 application requirements 19.52.030
exceptions 19.28.130 approval authority, procedure and
excluded uses 19.28.030 decision 19.52.040 1
findings 19.28.140 findings 19.52.050
landscape requirements 19.28.120 purpose 19.52.010
permits required 19.28.040 Recreation
permitted uses 19.28.030 OS zone 19.84.020
permitted yard encroachments 19.28,100 PR zone 19.84.020
purpose 19.28.010 Recycling area
single-family residential design guidelines See RECYCLING AREAS
and principles 19.28.110 site development requirements 19.81.040
site development regulations 19.28.060 violation, penalty 19.81.060
yard 19.28.100 Recycling center
zoning districts established 19.28.050 applicability of regulations 19.108.020
R-2 zone criteria and standards 19.108.050
applicability of provisions 19.32,020 penalty 19.108.020
building development regulations 19.32.060 permits for multiple sites 19.108.040
conditional uses 19.32.030 permits required 19.108.030
designated 19.16.010 purpose 19.108.010
excluded uses 19.32.030 Religious organization
permits required for development 19.32,040 BQ zone 19.76.030
permitted uses 19.32.030 Repair services
purpose 19.32.010 CG zone 19.60.030
site development regulations 19.32.050 FP zone 19.84.020
R-3 zone ML zone 19.64.020
applicability of provisions 19.36.020 Research and development
building development regulations 19.36.070 ML zone 19.64.020
2012 S-31
Cupertino-Index 46
Residential care facility PR zone 19.84.020
A-1 zone 19,20.020 R1C zone 19.20.020
A zone 19.20.020 R-1 zone 19.20.020
BQ zone 19.76.030 RHS zone 19.20.020
R1C zone 19.20.020 Single-family residential zone
R-1 zone 19.20.020 See R1 zone
R-2 zone 19.20.020 Site development regulations II
R-3 zone 19.20.020 accessory buildings, structures 19.100.030
RHS zone 19.20.020 accessory dwelling units
Residential dwelling for caretakers/watchmen non-streamlined 19.112.040
FP zone 19.84.020 regulations 19.112.020
ML zone 19.64.020 streamlined 19.112.030
o
Residential duplex zone streamlmedjumor accessory dwelling
See R-2 zone units 19.112.030
Residential hillside zone A-1 zone 19.24.040
See RHS zone A zone 19.24.040
Residential single-family cluster zone BA zone 19.76.060
See R1C zone BQ zone 19.76.060
Restaurant ML zone 19.72.060
CG zone 19.60.030 MP zone 19.72.060
FP zone 19.84.020 OA zone 19.76.050
Retail store R1 zone 19.28.060
CG zone 19.60.030 R1C zone 19.44.050
FP zone 19.84.020 R-3 zone 19.36.060
RHS zone radio aerial
applicability of provisions 19.40.020 See Wireless communications facilities
application requirements 19.40.040 RHS zone 19.40.050
building development regulations 19.40.060 television aerial
conditional uses 19.40.030 See Wireless communications facilities
designated 19.16.010 T zone 19.76.060
excluded uses 19.40.030 Skating rink
hillside exception, findings 19.40.080 FP zone 19.84.020
hillside lots, exception for development of Solar design
certain individual 19.40.070 A-1 zone 19.20.020
permitted uses 19.40.030 A zone 19.20.020
purpose 19.40.010 RHS zone 19.20.020
site development regulations Sports training center
designated 19.40.050 FP zone 19.84.020
Riding academies Stables
A-1 zone 19.20.020 A-1 zone 19.20.020
A zone 19.20,020 A zone 19.20.020
Riding clubs, related stables and trails OS zone 19.84.020
RHS zone 19,20.020 Stenographic service
School ML zone 19.64.020
BQ zone 19.76.030 ML-rc zone 19.64.020
School, specialized Stone cutting, monument manufacture,
CG zone 19.60.030 ML zone 19.64,020
Shed Storage facility
Signs ML zone 19.64.020
See SIGNS Stream
Single-family dwelling unit OS zone 19.84.020
A-1 zone 19.20.020
A zone 19.20.020 V
2020 S-76