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2021 S-80 Supplement CUPERTINO, CALIFORNIA Instruction Sheet 2021 S-80 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION & PERSONNEL 1, 2 1, 2 33 through 36 33 through 36 TITLE 6: FRANCHISES 11 through 16B 11 through 16B TITLE 19: ZONING 5, 6 5, 6 11, 12 11, 12 17, 18 17, 18 37, 38 37, 38 193 through 194B 193 through 194B COMPREHENSIVE ORDINANCE LIST 47, 48 47, 48 INDEX 7 through 10 7 through 10 13, 14 13, 14 kgw 3/2021 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-80 Supplement contains: Local legislation current through Ordinance 20-2218, passed 1-19-2021 COPYRIGHT © 2021 AMERICAN LEGAL PUBLISHING CORPORATION TITLE 2: ADMINISTRATION AND PERSONNEL Chapter 2.04. City Council-Election and Meetings 2.06 (Reserved) 2.08 City Council-Rules and Conduct of Meetings 2.12 Introduction and Passage of Ordinances 2.16 City Council-Salaries 2.17 City Council/City Staff Relationships 2.18 City Attorney 2.20 City Clerk 2.24 City Treasurer 2.28 City Manager 2.30 Code Enforcement Officer 2.32 Planning Commission 2.36 Park and Recreation Commission 2.40 Emergency Management Program 2.48 Departmental Organization 2.52 Personnel Code 2.60 Public Safety Commission 2.64 (Reserved) 2.68 Library Commission 2.74 Cupertino Technology, Information, and Communications Commission 2.78 Landlord-Tenant Mediation-Issuance of Subpoenas 2.80 Fine Arts Commission 2.84 Environmental Review Committee 2.86 Housing Commission 2.88 Audit Committee 2.90 Design Review Committee 2.92 Bicycle Pedestrian Commission 2.94 Sustainability Commission 2.95 Teen Commission 2021 S-80 Cupertino-Administration and Personnel 2 2.40.010 f CHAPTER 2.40: EMERGENCY MANAGEMENT PROGRAM* Section 2.40.010 Purposes. 2.40.020 Definition. 2.40.020 Definition. As used in this chapter, "emergency"means the actual 2.40.025 Disaster Council. or threatened existence of conditions of disaster or of 2.40.030 Compliance with California Emergency extreme peril to the safety of persons, property and the Services Act. environment within this City caused by but not limited to 2.40.040 Disaster Council powers and duties. earthquakes,technological,natural and manmade disasters, 2.40.050 Director of Emergency Services- conditions resulting from war or imminent threat of war,air Designated. pollution, fire, flood, storm, epidemic, or riot, but other 2.40.060 Director of Emergency Services-Powers than conditions resulting from a labor controversy, which and duties. conditions are or are likely to be, beyond the control of the 2.40.070 Emergency organization-Membership. services, personnel, equipment and facilities of this City, 2.40.080 Emergency organization-Structure, duties requiring the combined forces of other political subdivisions ' and functions. to combat. (Ord. 15-2129, § 1, 2015; Ord. 1912, (part), 2.40.090 Mutual aid. 2003; Ord. 1697, (part), 1995; Ord. 475, § 2, 1971) 2.40.100 Expenditures. 2.40.110 Violation-Penalty. 2.40.025 Disaster Council. Pursuant to California Government Code section 8610, For the constitutional provision that states that the Cupertino Disaster Council, shall have the following any city may make and enforce within its limits voting members: all such local police, sanitary and other A. The City Manager, or their designee, shall be regulations as are not in conflict with general chair. laws, see Calif. Const. Art. 11 § 11; for B. The Mayor,or their designee,shall be vice chair. statutory provisions regarding the establishment C. The City Department Heads or their designee. and powers of local war or disaster councils, In addition to its voting members,the Disaster Council see Gov. Code § 8610 et seq. -- See Title 9, shall include such representatives of civic, business, labor, Health and Sanitation. veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the chair with the advice and consent of the governing body 2.40.010 Purposes. to advise the voting members. (Ord. 20-2216, § 3, 2020; j The declared purposes of this chapter are to provide Ord. 15-2129, §2, 2015; Ord. 1912, (part), 2003) for the design of the citywide emergency management program for the City of Cupertino. The emergency 2.40.030 Compliance with California Emergency management program includes the preparation and carrying Services Act. out of plans for the protection of persons and property The City of Cupertino Disaster Council shall comply within this City in the event of an emergency, the direction with the California Emergency Services Act. (Ord. of the emergency organization, and the coordination of the 20-2216, §4, 2020) emergency functions of this City with all other public agencies, corporations, organizations and affected private persons. (Ord. 20-2216, §2, 2020; Ord. 475, § 1, 1971) a 33 2021 S-80 2.40.040 Cupertino-Administration and Personnel 34 2.40.040 Disaster Council Powers and Duties. 2.40.060 Director of Emergency Services-Powers and The Disaster Council shall have the following duties, Duties. powers and responsibilities, and such other as they may be The Director is empowered to: entrusted with by the City Council from time to time: A. Request the City Council to proclaim the 1. Meet at the discretion of the Chair, but no less existence or threatened existence of a "local emergency" if than annually. the City Council is in session, or to issue such proclamation 2. Advise on and recommend for adoption if the City Council is not in session. Whenever a local emergency plans and mutual aid agreements based on the emergency is proclaimed by the Director, the City Council Standardized Emergency Management System (SEMS) as shall take action to ratify the proclamation within seven days defined in the California Code of Regulations, Title 19, thereafter or the proclamation shall have no further force or Division 2, Sections 2400-2450. effect; 3. Provide guidance to develop disaster exercises, B. Request the Governor to proclaim a "state of support community participation, assist with threat emergency"when,in the opinion of the Director,the locally assessments, identify local resources and facilitate available resources are inadequate to cope with the multi-agency/inter-agency coordination within its emergency; membership and other local governments and special C. Develop emergency plans with the assistance of districts. the emergency organization for consideration by the Disaster 4. Provides oversight for engaging community Council and manage the emergency programs of this City; members in homeland security, emergency planning and D. Control and direct the effort of the emergency response and promoting community preparedness and family organization for this City for the accomplishment of the safety in three principal ways;through public education and proposes of this chapter; outreach; through training opportunities; and, through E. Direct cooperation between and coordination of volunteer programs that draw on special skills and interests. services and staff of the emergency organization of this 5. Provide oversight responsibility for the California City; and resolve questions of authority and responsibility State Disaster Service Worker Volunteer Program that may arise between them; (DSWVP). The City Office of Emergency Management F. Represent this City in all dealings with public or manages the DSWVP through its Citizen Corps organization private agencies on matters pertaining to emergencies as as established by the California Emergency Council pursuant defined herein; to the provisions of California Government Code Section G. In the event of the proclamation of a "local 8585.5. (Ord. 20-2216, § 5, 2020; Ord. 15-2129, § 3, emergency" as herein provided,the proclamation of a"state 2015;Ord. 1912,(part),2003;Ord. 1697(part), 1995;Ord. of emergency"by the Governor or the Director of the State 475, §4, 1971) Office of Emergency Services, or the existence of a "state of war emergency," the Director is empowered to: 2.40.050 Director of Emergency Services-Designated. 1. Make and issue rules and regulations on matters The City Manager or their designee is designated the reasonably related to the protection of life and property as Director of Emergency Services for the purposes of disaster affected by such emergency;provided,however, such rules management under the Standardized Management System. and regulations must be confirmed at the earliest practicable (Ord. 20-2216, § 6, 2020; Ord. 15-2129, § 5, 2015; Ord. time by the City Council; 1912, (part), 2003; Ord. 1697, (part), 1995; Ord. 475, §5, 2. Obtain vital supplies, equipment, and such other 1971) properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; 3. Require emergency services of any City officer or employee and,in the event of the proclamation of a"state of emergency" in the Santa Clara County Operational Area or the existence of a "state of war emergency," to command the aid of as many citizens of this community as the Director deems necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers; 2021 5-80 35 Emergency Management Program 2.40.060 4. Requisition necessary personnel or material of 2.40.100 Expenditures. any City department or agency; and Any expenditures made in connection with emergency 5. Execute all their ordinary power as City activities, including mutual aid activities, shall be deemed Manager, all of the special powers conferred upon them by conclusively to be for the direct protection and benefit of the this chapter or by resolution or emergency plan pursuant inhabitants and property of the City. (Ord. 475, § 10, 1971) hereto adopted by the City Council, all powers conferred upon them by any statute,by an agreement approved by the 2.40.110 Violation—Penalty. City Council, and by any other lawful authority. (Ord. It shall be a violation of this Chapter for any person 20-2216, § 7, 2020; Ord. 15-2129, § 6, 2015; Ord. 1697, during an emergency to: (part), 1995; Ord. 475, § 6, 1971) A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any 2.40.070 Emergency Organization—Membership. lawful rule or regulation issued pursuant to this chapter, or All officers and employees of this City, together with in the performance of any duty imposed upon them by virtue Citizen Corps,programs and volunteers and other volunteer of this chapter; forces enrolled to aid them during an emergency, and B. Do any act forbidden by any lawful rule or stakeholders, all groups, organizations, and persons who regulation issued pursuant to this chapter, if such act is of may by agreement or operation of law, including persons such a nature as to give or be likely to give assistance to the i impressed into service under the provisions of Section enemy or to imperil the lives or property of inhabitants of 2.40.060(G)(3) of this chapter, be charged with duties this City, or to prevent, hinder, or delay the defense or incident to the protection of life, property and the protection thereof; j environment in this City during such emergency, shall C. Wear, carry, or display without authority any constitute the emergency organization of the City. (Ord. means of identification specified by the emergency agency 15-2129, §7,2015; Ord. 1912, (part),2003;Ord.475, §7, of the state. 1971) The City may address violations of this Chapter by issuing administrative citations, fines, and penalties as set 2.40.080 Emergency Organization—Structure, Duties forth in Chapter 1.10 of this Code. Alternatively, the City and Functions. may prosecute any violation of this Chapter as a The City Emergency Organization functions under the misdemeanor,punishable as provided in Chapter 1.12 of this Standardized Emergency Management System. Code. Law enforcement officers of the Santa Clara County Representatives of the Emergency Organization have Sheriff's Office are authorized to enforce this Chapter. specific duties and responsibilities to train, plan for and (Ord. 20-2216, § 9, 2020; Ord. 475, § 11, 1971) participate in the City's emergency management response, as assigned by the Director of Emergency Services. These responsibilities are outlined in the Cupertino Emergency Operations Plan. The structure, duties, and functions of the emergency organization and the order of emergency succession to the position of Director of Emergency Services, shall be adopted by resolution of the City Council. (Ord. 20-2216, § 8, 2020; Ord. 1912, (part), 2003; Ord. 475, § 8, 1971) 2.40.090 Mutual Aid. It is the purpose of the City Council in enacting the ordinance codified herein to facilitate the rendering of mutual aid to and for the people of this City. Emergency plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the Santa Clara County Operational Area. (Ord. 1697, (part), 1995; Ord. 475, § 9, 1971) 2021 S-80 Cupertino-Administration and Personnel 36 6.24.010 CHAPTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE RECYCLING COLLECTION AND DISPOSAL Section 6.24.010 Purpose of chapter. 6.24.010 Purpose of Chapter. 6.24.020 Definitions. A. This chapter is determined and declared to be a 6.24.030 Mandatory solid waste collection service- health, sanitary and safety measure necessary for the owner responsibility. promotion,protection and preservation of the health, safety 6.24.031 Mandatory solid waste collection service- and general welfare of the people of the City of Cupertino. exemption procedures. B. The City is required to comply with the applicable 6.24.035 Mandatory non-organic recycling for provisions of the California Integrated Waste Management i businesses. Act(AB 939 or the "Act"), as amended, which is codified j 6.24.037 Mandatory organic recycling for business in California Public Resources Code beginning at section structures. 40000. The Act requires that by and after January 1, 2000, 6.24.040 Commencement of solid waste collection fifty percent (50%) of the solid waste generated must be service. diverted through some source reduction, recycling, and 6.24.050 Frequency of disposal. composting activities. 6.24.060 Method of garbage, organic waste and C. Assembly Bill 1826, which amended the Act in non-organic recyclables disposal. 2014, to impose certain organic waste recycling 6.24.070 Garbage, organic waste and non-organic requirements, mandates that by April 1, 2016, a business recyclables containers. that generates eight(8)cubic yards or more of organic waste 6.24.080 Inappropriate containers. per week must arrange for recycling services, specifically 6.24.090 Burning restrictions. for organic waste; by January 1, 2017, a business that 6.24.100 Disposal of explosive or hazardous generates four(4)cubic yards or more of organic waste per material restrictions. week must arrange for recycling services specifically for 6.24.110 Unauthorized disposal prohibited. organic waste;by January 1,2019,a business that generates 6.24.120 Franchise granting authority. four(4)or more cubic yards of commercial solid waste per 6.24.150 Charges for solid waste collection service. week, must arrange for recycling services specifically for 6.24.160 Entitlement to collect for solid waste organic waste; by January 1, 2020, if the State determines collection service. that the statewide disposal of organic waste has not been 6.24.170 Notification of delinquency. reduced to fifty percent(50%)of the level of disposal during 6.24.180 Remedies for delinquent account. 2014, a business that generates two(2)cubic yards or more 6.24.190 Recycle centers. per week of commercial solid waste must arrange for the 6.24.200 Unauthorized solid waste collection. organic waste recycling,unless the State determined that this 6.24.210 Interfering with solid waste collection requirement will not result in significant additional service. reductions of organics disposal. In September 2020, the 6.24.220 Unauthorized use of solid waste collection Department of Resources Recycling and Recovery service. (CalRecycle)implemented the authority under Assembly Bill 6.24.230 Rules and regulations adopted. 1826 to reduce the threshold to two(2)cubic yards of solid 6.24.240 Violation-Misdemeanor. waste generated by covered businesses. D. The City may adopt, implement, and enforce a local organic waste recycling requirement that is more stringent or comprehensive than State law. (Ord. 20-2218, § 1, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) 2021 S-80 11 6.24.020 Cupertino-Franchises 12 6.24.020 Definitions. 9. "Dwelling" means a residence, flat, duplex, For the purposes of this chapter, the following words apartment, townhouse, condominium or other facility used and phrases shall have the meanings ascribed to them by this for housing one or more persons. section,unless the context or the provision clearly requires 10. "Equipment" means a debris box or debris bin otherwise: and vehicles used to transport debris boxes or bins. 1. 'Business"means a commercial or public entity, 11. "Finance Director" means the Finance Director including, but not limited to, a firm, partnership, and his/her duly authorized agents and representatives. proprietorship, joint stock company, corporation, or 12. "Food Waste"means unused and discarded solid association that is organized as a for-profit entity or food products/scraps including, but not limited to, non-profit entity,or a multi-family residential dwelling with vegetables, fruit, meat, fish, shells, bones, cheese, bread, five (5)or more dwellings. paper-based tea bags and coffee grounds. Food waste is an 2. 'Business Structure" means a building or organic waste. buildings within a property occupied by one or more 13. "Garbage" means all materials, substances or businesses. objects that are discarded, including but not restricted to, 3. "City" means and includes all the territory lying materials, substances or objects commonly referred to as within the municipal boundaries of the City of Cupertino as "trash," "garbage," "refuse" and "rubbish" that are presently existing, plus all territory which may be added produced, generated or accumulated by all residential, thereto during the effective term of the ordinance codified commercial,industrial,institutional,municipal,agricultural herein. and other inhabitants, premises and activities within the 4. "Collection station" means the location at which City, the collection of which is regulated through the containers of solid waste,recyclables and organic waste are franchise agreement existing between the City and the placed for collection by the solid waste collector. For authorized solid waste collector; provided, however, that businesses, collection station is typically the garbage and "garbage" does not include (a) hazardous materials, (b) recycling area enclosure. For multi-family units with less recyclable materials, (c)organic materials, (d)clear plastic than five (5) residential dwellings and other residential bags when used to contain organic materials to be recycled, structures,the collection station is typically the street side of (e)construction and demolition debris,(f)biomedical waste, the concrete curb immediately adjacent to the residence (g) ash, and (h) sewage and other highly diluted where curb and gutter exists or where no curb and gutter water-cairied materials or substances and those in gaseous exists, the edge of asphalt immediately adjacent to the form. residence. 14. "Hazardous materials"means any or combination 5. "Construction and demolition debris" or "C&D of materials which because of its quantity,concentration,or debris" means materials resulting from the construction, physical, chemical or infectious characteristics may either: remodeling, or demolition of buildings and other structures. (a) cause or significantly contribute to an increase in "Construction and demolition debris" includes, but is not mortality or an increase in serious irreversible, or limited to, concrete, asphalt, rock and dirt related to incapacitating reversible illness; or (b) pose a substantial construction, remodeling, repair, or demolition operations present or potential hazard to human health or the and is subject to the provisions of Chapter 16.72. environment when improperly treated,stored,transported or 6. 'Debris box service" means collection service in disposed of or otherwise managed. Hazardous materials containers without compaction that have a capacity of eight includes, but is not limited to, hazardous wastes as defined (8)cubic yards or more. Debris boxes may be used for the under California or United States law or any regulations collection of recyclable and organic waste, or garbage, and promulgated pursuant to such laws, and all toxic, may be used for construction and/or demolition debris that radioactive,biologically infectious, explosive or flammable may or may not be intended for full or partial recycling or waste materials, including any material defined in Section other waste diversion. 9.12.020 of the Cupertino City Code for which a hazardous 7. "Delinquent" means a failure of the recipient of materials storage permit is required. solid waste collection service to pay when due all charges 15. "Litter" means but is not limited to, plastic, owed to the solid waste collector for solid waste collection paper,cigarette butts,floor sweepings,trash,rubbish,food, service rendered or to be rendered. cloth, metal, recyclable material, or waste matter of 8. "Director" means the Director of Public Works whatever character. and his/her duly authorized agents and representatives. 16. "Multi-unit dwelling"or"multi-family dwelling" means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing five (5) 2021 S-80 13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020 dwelling units or more, irrespective of whether the 24. "Residential premises" means any single-unit residency is transient, temporary or permanent. dwelling or multiple-unit dwelling. 17. "Non-Organic Recyclables" or "non-organic 25. "Single-stream recycling" means a recycling recyclable material" mean those materials that can be program in which generators place multiple types of returned to economic use as raw materials for new, reused recoverable materials in a single container that is designated or reconstituted products, which prior to collection are specifically for recyclables and is taken to a material separated by the generator from other material treated as recovery facility for processing. solid waste.Examples of Non-Organic Recyclables include, 26. "Single-unit dwelling"means one or more rooms but are not limited to: newspaper, cans, corrugated and a single kitchen, designed for occupancy by one family cardboard, glass, certain types of plastic,metals,wood and for residential purposes. Each dwelling unit within a automobile oil. "Mixed non-organic recyclables" means condominium project, duplex, townhouse project or more than one type of non-organic recyclable material apartment, and each second unit located within a commingled in a bin,debris box,compactor or other type of single-family residential zoning district, shall constitute a container.This material includes,but is not limited to wood, separate single-unit dwelling to which solid waste collection paper,plastic,metals,glass, and other recyclable materials service is provided, unless the owner or occupants thereof other than organic waste. The material must not contain arrange for solid waste collection service to be provided to more than 5% by volume garbage and organic waste. all dwelling units upon the premises at commercial rates. 18. "Nonresidential premises" means all premises 27. "Solid waste" means all items of solid waste except residential premises, including but not restricted to including, but not limited to garbage, non-organic premises used for industrial,commercial,administrative and recyclables, organic waste and hazardous materials eligible professional offices, public and quasi-public buildings, for collection. utility and transportation. 28. "Solid waste collector" means any person or 19. "Occupancy"; "occupied": Premises are entity authorized by the franchise agreement between the "occupied" when a person or persons take or hold Franchisee and the City, in accordance with Section possession of the premises for permanent or temporary use. 6.24.120 of this chapter, to collect, receive, carry, For the purposes of determining whether a premises is transport, process and dispose of any garbage,non-organic occupied during periods when solid waste collection service recyclables, organics and hazardous materials eligible for is made available to such premises, occupancy shall be collection, produced, kept or accumulated within the City. presumed unless evidence is presented that gas, electric, 29. "Solid waste collection service" means the telephone and water utility services were not being provided collection, transportation and disposal of garbage, organic to the premises during such periods. materials, non-organic recyclables and hazardous materials 20. "Organic waste" means organic materials, eligible for collection by an authorized solid waste collector. including but not limited to, materials generated from tree 30. "Source Separated Recyclables" means any trimming, shrubbery pruning, vegetative garden wastes, recyclables that, prior to collection, are or have been dead plants,weeds,leaves,grass clippings,food waste, and separated or segregated by their generator as to type or non-food vegetative matter, soiled paper and cardboard and category of source material and are or have been placed into waxed cardboard that decompose biologically. The material separate containers according to type or category, i.e. all must not contain in excess of 5% by volume garbage or metal is separated from other recyclables and placed in its non-organic recyclable materials. Except in residential own separate container or separate debris box. dwellings, if the material is placed in a bag, the bag must 31. "Tenant"means any person or persons,other than only be clear plastic. the owner,occupying or in possession of a premises. (Ord. i 21. "Owner"means the holder or holders of legal title 20-2218, § 2, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. to the real property constituting the premises to which solid 2094, § 1, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, waste collection service is provided. § 1 (part), 1991) 22. "Person" includes any person, firm, association, organization, partnership, business trust, joint venture, 6.24.030 Mandatory Solid Waste Collection Service— corporation,or company,and includes the United States,the Owner Responsibility. State of California, the County of Santa Clara, special A. The owner of each occupied residential or purpose districts, and any officer or agency thereof. nonresidential premises shall subscribe to and pay for at 23. "Premises"means any land,building or structure, least the minimum level of solid waste collection service or portion thereof, within the City where any solid waste is made available to that premises by the solid waste collector, produced, kept, deposited, placed or accumulated. as specified in the franchise agreement between the city and 2021 S-80 6.24.030 Cupertino -Franchises 14 the solid waste collector executed pursuant to Section 6.24.035 Mandatory Non-Organic Recycling for 6.24.120 of this Chapter or obtain an exemption under Businesses. Section 6.24.031 below. The owner of each occupied A. The owner or tenant designees of multi-family residential or nonresidential premises shall subscribe to and dwelling premises are required to subscribe to and maintain pay for a level of service sufficient to provide for the mandatory non-organic residential recycling services for collection of all solid waste generated on the premises. each individual household in the dwelling.An exception may Customers at non-residential premises must subscribe to be granted at the discretion of the Director if it is services on a regular weekly basis sufficient to prevent determined there is not sufficient storage space for the container or bin overages and, where necessary, to extra containers at the multi-family dwelling premises. services to prevent overages. Nonresidential customers' B. All businesses are required to subscribe to and solid waste, if bagged, shall be in clear plastic bags. maintain mandatory non-organic recycling services if such B. The charges for solid waste collection service businesses generate greater than or equal to four (4) cubic rendered or made available shall be paid for all periods of yards of solid waste per week. If the solid waste collector time during which the premises are occupied, regardless of transports containers of solid waste generated by the whether or not the owner or tenant has any solid waste to be business to a material recovery facility for the purposes of collected on any particular collection date during such mixed waste processing, thereby separating non-organic occupancy.Occupancy shall be presumed unless evidence is recyclables from the mixed waste and recycling the presented that gas, electric, telephone and water utility non-organic recyclables, the business will be deemed to be services were not being provided to the premises during subscribing to non-organic recycling services. such periods. Nothing in this section is intended to prevent C. The disposal of garbage in containers designated an arrangement, or the continuance of an arrangement, for organic waste recycling or processing or for source under which payments for solid waste collection service are separated or single-stream recycling is prohibited. made by a tenant or tenants, or any agent or other person, D. The solid waste collector is prohibited from on behalf of the owner. However, any such arrangement providing solid waste service to businesses subject to the will not affect the solid waste collection service recipient's mandatory non-organic recycling requirements without obligation to pay for solid waste collection service as providing a non-organic recycling program that includes the provided herein. (Ord. 20-2218, §3, 2021; Ord. 15-2130, collection of a container no less than thirty-two (32)gallon , § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, capacity, provided by the solid waste collector, at least one § 1 (part), 1991) (1)time per week. The only exceptions to this requirement are the following: 6.24.031 Mandatory Solid Waste Collection Service - 1. The solid waste collector provides a mixed waste Exemption Procedures. processing program to the business in which solid waste An owner may obtain an exemption from the containers are taken to a material recovery facility for mandatory solid waste collection service in section 6.24.030 processing to remove non-organic recyclable materials. through the following process: 2. The solid waste collector may verify the owner or A. An owner may apply to the Director for an tenant designee has been granted an exception to the exemption from this section if(a) the applicable premises mandatory non-organic recycling program from the has been vacant and has not generated or accumulated any Director. (Ord. 20-2218, § 4, 2021; Ord. 15-2130, § 1 solid waste for the previous sixty days,and(b)will continue (part), 2015; Ord. 2094, § 2, 2012) to be vacant for the foreseeable future. B. Application for a vacancy exemption must be 6.24.037 Mandatory Organic Recycling for Business made on the form provided by the city and submitted to the Structures. Director for review and a determination as to the eligibility Phased in mandatory recycling of organic waste is in accordance with the city's vacancy exemption policy. required of businesses generating the quantities of organic C. An exemption and any extension of such material specified in this section. Exceptions to these exemption may be for a period of not more than one requirements may be granted by the Director, if any aspect hundred eighty days. (Ord. 15-2130, § 1 (part), 2015) of the requirements prove to be unfeasible due to space constraints as allowed in Chapter 9.16. A. On and after September 1, 2015, a business or business structure generating eight(8)cubic yards or more of organic waste per week are required to subscribe to and 2021 S-80 15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037 i maintain organic material (including food waste) recycling 1. The owner and/or tenant designee will be notified services for each structure. Multi-family dwellings are by the solid waste collector if its organics waste container is exempted. contaminated or if the material in their container is bagged B. On and after January 20, 2016, a business or in any prohibited bag(s). When the owner and/or tenant business structure generating three(3)cubic yards or more designee removes the contaminants and/or the prohibited of organic waste per week or generating a solid waste bags, the franchise solid waste collector will return to the stream that is comprised of 25%or more organic food waste business structure to service the container and will charge material are required to subscribe to and maintain organic the business structure a "Return Fee" as adopted by City material (including food waste) recycling services. resolution. Multi-family dwellings are exempted. 2. If the owner and/or tenant designee does not C. (1) On and after July 1, 2018, a business or remove the contaminants and/or the prohibited bag(s)from business structure generating four (4) cubic yards or more the organic waste container,the organic waste container will of solid waste per week is required to subscribe to and be serviced and owner and/or tenant designee will be maintain organic material (including food waste)recycling charged for an "Extra P/U" (extra garbage pick-up) and a services for each business or individual household in the "Return Fee" in addition to the regular charges that apply to multi-family dwelling. (2)On and after January 1, 2021, a the level of service subscribed to by the owner and/or tenant business or business structure generating two(2)cubic yards designee. The extra garbage pick-up charge is based on the or more of solid waste per week is required to subscribe to size of the container and the City's established approved and maintain organic material (including food waste) rates. recycling services for each business or individual household H. The solid waste collector is prohibited from in the multi-family dwelling, unless otherwise provided in providing solid waste service to a business structure subject state law. to the organic waste recycling requirements without D. All business structures are required to maintain providing an organic waste recycling program that includes mandatory yard waste composting services. These services the collection of a container no less than thirty-two (32) are to be provided by the solid waste collector or by the gallon capacity,provided by the hauler,at least one time per contractor retained by the business to perform grounds week. The only exceptions to this requirement are the maintenance services. If these services are not provided by following: the solid waste collector,the responsible party is required to 1. Yard waste removal and compost processing provide satisfactory proof to the City of the quantity of yard services are not provided by the solid waste collector; and waste being processed and proof that yard waste is being 2. Business or business structure provides j processed as compost. satisfactory written proof regarding the quantity of yard E. All business structures that either backhaul waste being processed and written proof that yard waste is non-organic recyclables or organic material out of the City being processed as compost. (Ord. 20-2218, § 5, 2021; or donate non-organic recyclables or organic material is Ord. 15-2130, § 1 (part), 2015) required to provide satisfactory proof to the City of the quantity of non-organic recyclables or organic materials 6.24.040 Commencement of Solid Waste Collection being backhauled and/or donated. Service. F. The City may direct the solid waste collector to The owner or tenant shall commence solid waste audit individual solid waste streams to determine collection service within ten days after occupancy of a applicability and compliance with this section. When solid premises, or portion thereof. In the event service is not waste stream audits are conducted, businesses are to initiated within such period of time, the Director may give cooperate and will receive a copy of the audit findings. written notice to the owner or tenant that solid waste G. The disposal of garbage in containers designated collection service is required. If service is not initiated by for organic material processing or for source separated the owner or tenant within ten days after the date of mailing single-stream recycling is prohibited. Organic waste that is the notice, the Director shall authorize the solid waste put into an organic waste container for collection by the collector to begin and continue providing the minimum level solid waste collector must be substantially free from garbage of solid waste collection service to such premises and the and recyclable materials(less than 5%by volume). Organic service shall be deemed to have been made available as of waste, if bagged, shall be in clear plastic bags. Except for the date of such authorization. (Ord. 15-2130, § 1 (part), residential dwellings, all bags other than clear plastic bags, 2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, § 1 (part), are prohibited in containers that have been set out for 1991) collection. 2021 S-80 3 6.24.050 Cupertino-Franchises 16 ; 6.24.050 Frequency of Disposal. authorized collection station not more than twenty-four No more than one week's accumulation of garbage hours before the scheduled collection time, unless the shall be kept or permitted to remain upon any premises in resident subscribes for 'Walk-Up' services. All containers the City. At least once a week, all garbage and organic shall be removed from the collection station area within waste produced, kept, deposited, placed or accumulated twenty-four hours after collection. Where containers are within any premises in the City shall be disposed of in placed within a designated bike lane, containers shall be accordance with the provisions of this chapter. Dry removed within twelve hours after collection. All bins, non-organic recyclables may be accumulated for up to one boxes, and containers of one cubic yard or more,which are month (if necessary to reasonably fill the collection serviced by the solid waste collector,shall be identified with container), so long as they are not stored within view of the the name and telephone number of the collector servicing the public right of way and are kept in appropriate containers. bins,boxes and containers.(Ord. 15-2130, § 1(part),2015; (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), Ord. 2069, § 1 (part),2010;Ord. 1626, (part), 1993; 1572, 2010; Ord. 1572, § 1 (part), 1991) § 1 (part), 1991) 6.24.060 Method of Garbage, Organic Waste and 6.24.080 Inappropriate Containers. Non-Organic Recyclables Disposal. It is the duty of the authorized solid waste collector, All garbage, organic waste and recyclables shall be unless otherwise allowed under the current franchise disposed of by delivery of each container to an authorized agreement, to provide the bins, boxes and containers. The collection station, located as to be readily accessible for the use of garbage,organic materials and non-organic recycling removal and emptying of its contents by the solid waste containers which do not meet the standards set forth in collector.Recyclables and organic waste may be disposed of Section 6.24.070 of this chapter shall be subject to as set forth in Section 6.24.200. (Ord. 15-2130, § 1 (part), regulations prescribed by the Director. The solid waste 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), collector may propose for City approval additional charges 1991) to be paid the solid waste collector for the collecting and transporting of the inappropriate containers or waste 6.24.070 Garbage, Organic Waste and Non-Organic contained therein. (Ord.20-2218, §6,2021;Ord. 15-2130, Recyclables Containers. § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1626, A. All garbage, organic waste materials and (part), 1993; Ord. 1572, § 1 (part), 1991) non-organic recyclables containers shall be kept in a sanitary condition with the lid closed or cap secured, except when 6.24.090 Burning Restrictions. being loaded or unloaded. It is unlawful for any person to burn, or cause to be B. Garbage,organic waste materials and non-organic burned, any solid waste within the City or to burn, or cause recyclables containers for residential premises shall be to be burned, any waste upon public streets,ways or alleys. provided by the solid waste collector and be sized based on (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), the level of subscription for services requested by the 2010; Ord. 1572, § 1 (part), 1991) responsible party or as may be required by this Chapter 6.24. Containers shall not be loaded with more materials 6.24.100 Disposal of Explosive or Hazardous Material than will fit in the container with the lid closed or cap Restrictions. secured, or in excess of the weight limit marked on the No person shall deposit in any garbage organic waste container. All containers for business structure premises or non-organic recycling container any explosive, highly shall be provided by or approved by the solid waste inflammable or otherwise hazardous material or substance. collector,except for industry approved grease or cooking oil (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), tallow bins that shall be provided by a designated tallow 2010; Ord. 1572, § 1 (part), 1991) hauler. C. Garbage, organic waste and non-organic 6.24.110 Unauthorized Disposal Prohibited. recycling containers shall be collected by the solid waste A. It is unlawful for any person or entity in the City collector when the containers are placed at the collection to throw, deposit or store refuse, garbage or hazardous station;provided,however,that the collection may be made waste, or to cause the same to be thrown, deposited or at such other location upon approval by the Director,based stored, upon any street, alley, gutter, park, or other public on the services subscribed for by the responsible parry. place. Furthermore, no property owner and/or tenant with D. Garbage containers,organic materials containers control over any premises shall keep or maintain any and non-organic recycling containers shall be placed at the garbage,non-organic recyclables,organic waste,hazardous 2021 S-80 16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.110 materials,or any waste effluent such as grease or oil on any 6.24.170 Notification of Delinquency. premises within the City other than in containers as required If a bill for solid waste collection service becomes by Section 6.24.070 and/or any other provisions of this delinquent, the solid waste collector shall send or deliver chapter. Waste water must go to the sanitary sewer; if it notice of delinquency in the form and manner set forth in the contains oil or grease a grease trap may be required. franchise agreement, and indicating the amount owed for B. Nothing contained in Section 6.24.070, Section solid waste collection service, including the amount of late 6.24.080 or this Section 6.24.110 shall prevent a property charges that may be imposed thereon, and advising that owner and/or tenant with control over any residential failure to pay the same will result in increased penalties and premises from keeping or maintaining organic waste in a that the solid waste collector may pursue other remedies residential composting bin designed and intended for consistent with law regulating the collection of debts. (Ord. residential composting.Residential composting materials and 20-2218, § 10, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. containers shall not be stored in public view. (Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) 15-2130, § 1(part),2015;Ord. 2069, §1(part),2010; Ord. 1572, § 1 (part), 1991) 6.24.180 Remedies for Delinquent Account. If a bill for solid waste collection service remains { 6.24.120 Franchise Granting Authority. delinquent for more than forty-five(45)days, and the solid The City Council may award an exclusive franchise to waste collector has given notice as required herein,the solid j any person or entity the Council believes is qualified to waste collector shall be entitled to collect a late charge in l perform solid waste collection service. Such franchise such amount as set forth in the franchise agreement with the agreement shall require the solid waste collector to render solid waste collector. In the event the bill for solid waste service to all residential and nonresidential premises within collection service, together with any late charge thereon, the City in accordance with the provisions of this chapter remains delinquent for more than ninety(90) days, and the and in conformity with such regulations as may be adopted solid waste collector has given notice as required herein,the by the Director with the approval of the City Council. solid waste collector may pursue any remedies consistent Additional terms of such franchise agreement shall not with the franchise agreement and law regulating the conflict with any of the provisions of this chapter, Chapter collection of debts for services rendered by the solid waste 9.16 or Chapter 10.48. (Ord.20-2218, §7, 2021; Ord. 15- collector. (Ord. 20-2218, § 11, 2021; Ord. 15-2130, § 1 2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 1572, § 1 (part), 1991) (part), 1991) 6.24.150 Charges for Solid Waste Collection Service. 6.24.190 Recycle Centers. The City Council reserves the right to establish by The City may operate one or more centers for the resolution a maximum schedule of rates and charges for all collection of recyclable materials or may enter into a levels of solid waste collection services to be rendered by contract with a private party to operate such centers. The the solid waste collector, who shall then have authority to City may contract with the same solid waste collector collect such rates and charges. The schedule may be awarded the franchise for solid waste collection service or changed from time to time in the manner prescribed by the with any other party for the processing and transportation of franchise agreement between the City and the solid waste the recyclable material collected at a recycle center. The collector. (Ord. 20-2218, § 8, 2021; Ord. 15-2130, § 1 City Council may, from time to time by resolution, (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 designate what material shall be deemed recyclable and (part), 1991) which may therefore be disposed of by delivery to a recycle center. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 6.24.160 Entitlement to Collect for Solid Waste (part), 2010; Ord. 1572, § 1 (part), 1991) i Collection Service. The solid waste collector shall be entitled to payment 6.24.200 Unauthorized Solid Waste Collection. from the recipient of solid waste collection service for any A. No person shall collect any garbage, mixed services rendered or to be rendered by the solid waste non-organic recyclables, or organic waste from containers collector. Upon failure to make such payment,the means of provided by the solid waste collector when the containers collecting delinquent charges shall be in accordance with the are located at the collection station and/or within a solid procedures set forth in Sections 6.24.170 through 6.24.180 waste enclosure recycling area, unless such person is an of this Chapter. (Ord. 20-2218, § 9, 2021; Ord. 15-2130, agent or employee of the City acting within the course and A § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, scope of his employment, or has been awarded a franchise § 1 (part), 1991) by the City to act as solid waste collector. 2021 S-80 6.24.200 Cupertino-Franchises 16B B. No person shall collect any garbage, mixed the course and scope of his employment, or being rendered non-organic recyclables,organic waste,or construction and by the authorized solid waste collector. (Ord. 15-2130, § 1 demolition materials through the use of debris boxes, (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 compactors and bin-by-the-day services,which is produced, (part), 1991) kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course 6.24.220 Unauthorized Use of Solid Waste Collection and scope of his employment, or has been awarded a Service. franchise by the City to act as solid waste collector. The No person shall deposit,place or accumulate, or allow City shall notify any person or entity violating this section the deposit,placement or accumulation upon a premises for that the prompt and permanent removal of any collection pick up by the solid waste collector, any solid waste bin,box or container from the place or premises is required. produced from another premises where such action results The City's solid waste collector may take legal action to in the avoidance or reduction of any solid waste collection protect the exclusive rights granted to the solid waste service charges that would otherwise be payable for collector in the franchise agreement. The following collection of such solid waste from the premises at which it situations are exempt from this section: was produced. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, 1. The transporting of garbage or non-organic § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) recyclables and organic waste by the property owner, that have been generated on the property by the owner of the 6.24.230 Rules and Regulations Adopted. property or by an individual or entity leasing or renting the A. The Director shall adopt such rules and property from the property owner. regulations as may be necessary for the proper 2. Collection of non-organic recyclable materials or administration and enforcement of this chapter, and any organic material which have been source separated from franchise,contract or license issued or executed there under, other solid waste by the generator and which the generator including regulations relating to the required frequency of sells or donates to any other person or organization, or any collection from various types of places and premises, and organic or non-organic recyclable materials which have a the types of special containers required for certain classes of value equal to or more than the cost of collection. places and premises. 3. Removal of construction, remodeling or B. The Director shall resolve all disputes concerning demolition debris as part of a total service offered by the the administration of this chapter and any franchise, contractor,where the removal is performed by an employee contract, or license issued or executed there under. Any of the contractor using only equipment owned by the affected person who is dissatisfied with the determination of contractor. the Director may,within ten days after such decision appeal 4. Removal of green waste or plant trimmings by a the same to the City Council. Such appeal must be in gardening, landscaping, or tree trimming contractor as an writing, filed with the City Clerk, and must set forth the incidental part of a total service offered by that contractor. reasons for such appeal. 5. Collection of grease wastes from grease bins, C. Disputes concerning the enforcement of this grease traps or grease interceptors. chapter by an administrative citation issued pursuant to 6. Collection of horse manure from residences or Chapter 1.10 shall be resolved by means of the citation non-residential properties. appeal process set forth in that chapter. No violation of this 7. Collection of hazardous materials. chapter shall be permitted, or be continued, during the time 8. Collection of non-hazardous material that is any such appeal is pending. (Ord. 15-2130, § 1 (part), greater than fifty percent(50%)liquid(including septic tank 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), pumping, and other liquid wastes). (Ord. 15-2130, § 1 1991) (part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) 6.24.240 Violation—Misdemeanor. Any person who violates any provision of this chapter 6.24.210 Interfering with Solid Waste Collection shall be guilty of a misdemeanor and upon conviction Service. thereof shall be punished as provided in Chapters 1.10 and No person shall, in any manner, interfere with the 1.12 of this code. (Ord. 15-2130, § 1 (part), 2015; Ord. performance of solid waste collection services being 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991) rendered by an agent or employee of the City acting within f. 2021 S-80 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: Comer 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 Comer 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 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 5 2021 S-80 Repl. 19.08.030 Cupertino-Zoning 6 include permanent provisions for living, sleeping, eating, "Advertising statuary" means a structure or device of cooking and sanitation on the same parcel as the primary any kind or character for outdoor advertising purposes dwelling unit is situated. An accessory dwelling unit also which displays or promotes a particular product or service, includes the following: but without name identification. 1. An efficiency unit, as defined in Section 17958.1 "Aerial" means a stationary transmitting and/or of Health and Safety Code. receiving wireless communication device consisting of one 2. A manufactured home, as defined in Section or any combination of the elements listed below: i 18007 of the Health and Safety Code. 1. "Antenna"means a horizontal or vertical element 3. "Junior accessory dwelling unit" means a unit or array,panel or dish that may be attached to a mast or a that is no more than 500 square feet in size and contained tower for the purpose of transmitting or receiving radio or entirely within an existing single-family structure. Junior microwave frequency signals. accessory dwelling units must include an efficiency kitchen, 2. "Mast" means a vertical element consisting of a which must include both a cooking facility with appliances tube or rod which supports an antenna. and a food preparation counter and storage cabinets that are 3. "Tower" means a vertical framework of cross of a reasonable size in relation to the size of the unit. A elements which supports either an antenna, mast or both. junior accessory dwelling unit may include separate 4. "Guy wires"means wires necessary to insure the sanitation facilities, or may share sanitation facilities with safety and stability of an antenna, mast or both. the existing structure, as defined in California Government "Affordable housing cost"means the amount set forth Code Section 65852.22. in the Health and Safety Code Section 50052.5, as may be "Accessory structure" means a subordinate structure, amended. the use of which is purely incidental to that of the main "Affordable rent" means the amount set forth in the building and which shall not contain living or sleeping Health and Safety Code Section 50053,as may be amended. quarters. Examples include a deck, tennis courts, trellis or "Affordable units" means housing units available at car shelter. Fences eight feet or less are excluded. affordable rent or affordable housing cost to lower or "Addition"means any construction which increases the moderate income households. size of a building or facility in terms of site coverage, "Agriculture" means the tilling of the soil, the raising height, length, width, or gross floor area ratio. of crops, horticulture, agriculture, livestock farming, "Adjacent property" means property that abuts the dairying, or animal husbandry, including slaughterhouses, subject property, including property whose only contiguity fertilizer yards, bone yard, or plants for the reduction of to the subject site is a single point and property directly animal matter or any other similar use. opposite the subject property and located across a street. "Alley" means a public or private vehicular way less "Adult bookstore"means a building or portion thereof than thirty feet in width affording a secondary means of used by an establishment having as a substantial or vehicular access to abutting property. significant portion of its stock in trade for sale to the public "Alteration", for purposes of the Sign Ordinance, or certain members thereof, books, magazines, and other means any permanent change to a sign. publications which are distinguished or characterized by "Alteration" means any construction or physical their emphasis on matter depicting,describing or relating to change in the arrangement of rooms or the supporting "specified sexual activities"or"specified anatomical areas," members of a building or structure,or change in the relative as hereinafter defined. position of buildings or structures on a site, or substantial "Adult cabaret" means a building or portion thereof change in appearances of any building or structure. used for dancing purposes thereof or area used for 1. "Incidental alteration" means any alteration to presentation or exhibition or featuring of topless or interior partitions or interior supporting members of a bottomless dancers,strippers,male or female impersonators structure which does not increase the structural strength of or similar entertainers, for observations by patrons or the structure;any alteration to electrical,plumbing,heating, customers. air conditioning, ventilating, or other utility services, "Adult motion picture theater" means a building or fixtures, or appliances; any addition, closing, or change in portion thereof or area, open or enclosed, used for the size of doors or windows in the exterior walls; or any presentation of motion pictures distinguished or replacement of a building facade which does not increase the characterized by an emphasis on matter depicting,describing structural strength of the structure. or relating to "specified sexual activities" or "specified 2. "Structural alteration" means any alteration not anatomical areas,"as hereinafter defined,for observation by deemed an incidental alteration. f patrons or customers. 2021 S-80 Repl. 11 Definitions 19.08.030 "Hotel" means a facility containing rooms or suites, 4. Sink. solely occupied, intended or designed for use by guests on L. "L" Definitions: a transient occupancy basis, including any guest amenities "Landscaping"means an area devoted to or developed such as swimming pools, gyms, restaurants, bars, meeting and maintained with native or exotic planting,lawn,ground rooms, etc. A short-term rental is not a hotel. cover, gardens, trees, shrubs, and other plant materials, "Household pets" means small animals commonly decorative outdoor landscape elements, pools, fountains, found in residential areas such as chickens, ducks, geese, water features, paved or decorated surfaces of rock, stone, rabbits, dogs, and cats, but excluding animals such as any brick, block or similar material (excluding driveways, bovine or equine animal,or any goat, sheep or swine. This parking,loading or storage areas), and sculptural elements. title does not regulate the keeping of small household pets, "Late evening activities" means an activity which such as fish, birds or hamsters, which is incidental to any maintains any hours of operation during the period of eleven j permitted use.However,no animal including household pets p.m. to seven a.m. may be kept, maintained and/or raised for commercial "Legal substandard lot"means any parcel of land or lot purposes except where permitted with required permits. recorded and legally created by the County or City prior to "Household type"means whether the occupants of the March 17, 1980, which lot or parcel is of less area than ?, housing units are very low income,lower income,moderate required in the zone; or lots or parcels of record which are income, or senior citizens. reduced to a substandard lot size as a result of required "Housing development" means for the purposes of street dedication unless otherwise provided in the City of Chapter 19.56, Density Bonus, a development project for Cupertino General Plan. The owner of a legally created, five or more residential units. For the purposes of that substandard property which is less than six thousand square chapter, "housing development"also includes a subdivision feet but equal to or greater than five thousand square feet or common interest development,approved by the City that may utilize such parcel for residential purposes. The owner consists of residential units or unimproved residential lots of a legally created parcel of less than five thousand square and either a project to substantially rehabilitate and convert feet may also develop the site as a single-family residential an existing commercial building to residential use or the building site if it can be demonstrated that the property was substantial rehabilitation of an existing multifamily dwelling, not under the same ownership as any contiguous property on as defined in Government Code Section 65863.4(d), where the same street frontage as of or after July 1, 1984. the result of the rehabilitation would be a net increase in "Lightwell" means an excavated area required by the available residential units. Uniform Building Code to provide emergency egress, light I. "I" Definitions: and ventilation for below grade rooms. "Industrial district," for purposes of the Sign "Liquor store" means a use requiring a State of Ordinance, means all ML districts and any other zoning California "off-sale general license" (sale for off-site classifications which are consistent with the industrial consumption of wine, beer and/or hard liquor) and having designation of the Cupertino general plan. fifty percent or more of the total dollar sales accounted for { "Institutional district," for purposes of the Sign by beverage covered under the off-sale general license. Ordinance, means all BQ, PR, FP, and BA districts and "Living space" means, for the purposes of Chapter other zoning classifications and uses which are considered 19.112, the same as that set forth for "living area" in institutional in nature and are consistent with the institutional California Government Code Section 65852.20)(4).All attic or quasi-public designation of the general plan. and basement square footage proposed as part of an J. "J" Definitions: Accessory Dwelling Unit shall be limited by the maximum "Junkyard" means the use of more than two hundred size allowed per Chapter 19.112. square feet of the area of any lot for the storage or keeping "Loading space" means an area used for loading or of junk, including scrap metals or other scrap material, unloading of goods from a vehicle in connection with the use and/or for the dismantling or wrecking of automobiles or of the site on which such space is located. other vehicles or machinery. "Lot"means a parcel or portion of land separated from K. "K" Definitions: other parcels or portions by description, as on a subdivision "Kitchen" means an area in habitable space used for or record of survey map, or by metes and bounds, for the preparation of food and including at least three of the purpose of sale, lease or separate use. following: 1. "Comer lot" means a lot situated at the 1. Cooking appliance(s) or provision for a cooking intersection of two or more streets, or bounded on two or appliance such as 220V outlets, gas connections and space more adjacent sides by street lines. ( for appliances between counters; 2. "Flag lot"means a lot having access to a street by 2. Counter; means of a private driveway or parcel of land not otherwise 3. Refrigerator; meeting the requirement of this title for lot width. 2021 S-80 Repl. 19.08.030 Cupertino-Zoning 12 3. "Interior lot"means a lot other than a corner lot. "Lot width" means the horizontal distance between 4. "Key lot" means the first lot to the rear of a side lot lines, measured at the required front setback line. corner lot, the front line of which is a continuation of the "Lower-income household"means a household whose side line of the corner lot, and fronting on the street which gross income does not exceed that established by Health and intersects or intercepts the street on which the corner lot Safety Code Section 50079.5, as may be amended. fronts. M. "M" Definitions: "Lot area" means the area of a lot measured "Major renovation," for purposes of Chapter 19.116, horizontally between boundary lot lines, but excluding a Conversions of Apartment Projects to Common Interest portion of a flag lot providing access to a street and lying Development, means any renovation for which an between a front lot line and the street, and excluding any expenditure of more than one thousand dollars was made. portion of a lot within the lines of any natural watercourse, "Major repair," for purposes of Chapter 19.116, i river, stream, creek, waterway, channel or flood control or Conversions of Apartment Projects to Common Interest drainage easement and excluding any portion of a lot Development,means any repair for which an expenditure of acquired,for access and street right-of-way purposes,in fee, more than one thousand dollars was made. easement or otherwise. "Major Transit Stop," for purposes of Chapter 19.56, "Lot coverage" means the following: Density Bonus,means an existing site, or a site included in 1. "Single-family residential use" means the total the regional transportation plan, that contains a rail transit land area within a site that is covered by buildings,including station, a ferry terminal served by either a bus or rail transit all projections,but excluding ground-level paving,landscape service,or the intersection of two or more major bus routes features, lightwells, and open recreational facilities. Sheds with a frequency of service interval of 15 minutes or less are included in lot coverage. during the morning and afternoon peak commute periods.A 2. "All other uses except single-family residential" housing development is considered to be within one-half means the total land area within a site that is covered by mile of a major transit stop if all parcels within the housing buildings, but excluding all projections, ground-level development have no more than 25 percent of their area paving,landscape features, and open recreational facilities. farther than one-half mile from the stop and if not more than "Lot depth" means the horizontal distance from the 10 percent of the units or 100 units,whichever is less,in the midpoint of the front lot line to the midpoint of the rear lot housing development are farther than one-half mile from the line,or to the most distant point on any other lot line where stop as set forth in Government Code Section there is no clear rear lot line. 65915(p)(3)(A), as may be amended. "Lot line" means any boundary of a lot. "Manufacturing" means a use engaged in the 1. "Front lot line" means on an interior lot, the lot manufacture, predominantly from previously prepared line abutting a street, or on a corner lot, the shorter lot line materials,of finished products or parts,including processing abutting a street, or on a flag lot, the interior lot line most fabrication,assembly,treatment,packaging of products,but parallel to and nearest the street from which access is excluding basic industrial processing of extracted or raw obtained. Lot line length does not include arc as identified materials, processes utilizing inflammable or explosive on corner parcels. material (i.e., materials which ignite easily under normal 2. "Interior lot line"means any lot line not abutting manufacturing conditions), and processes which create a street. hazardous or commonly recognized offensive conditions. 3. "Rear lot line"means the lot line not intersecting "Massage" means any method of pressure on or a front lot line which is most distant from and the most friction against or stroking, kneading, rubbing, tapping, closely parallel to the front lot line. A lot bounded by only pounding, vibrating or stimulating the external parts of the three lot lines will not have a rear lot line. human body with the hands or with any mechanical or 4. "Side lot line" means any lot line which is not a electrical apparatus or other appliances or devices with or front or rear lot line. without such supplementary aides as rubbing alcohol, 5. "Street lot line" means any lot line abutting a liniment, antiseptic, oil,powder,cream,lotion,ointment or street. other similar preparations. "Lot of record" means a lot which is part of a "Massage parlor"means a building or portion thereof, subdivision recorded in the office of the County Recorder, or a place where massage is administered for compensation or a lot or parcel described by metes and bounds which has or from which a massage business or service for been recorded. compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. " 2020 5-78 17 Definitions 19.08.030 Setback Area, Required. "Required setback area" 1. "Animated sign" means any sign which projects means open space, unoccupied and unobstructed from the action, motion or the illusion thereof, changes intensity of ground upward, except as provided in this title,between the illumination or changes colors, including the likes of lot line and the setback line on the same parcel. balloons, banners and flags, and blowing or air-powered 1. Setback Area, Required Front Yard. "Required attractions, but excluding electronic readerboard signs and front-yard setback area" means the setback area extending signs that display the current time or temperature. across the front of a lot between the front lot line and the 2. "Blade sign" means a pedestrian oriented sign, setback line. Front yards shall be measured either by a line adjacent to a pedestrian walkway or sidewalk, attached to a at right angles to the front lot line,or by a radial line in the building wall, marquee, awning or arcade with the exposed case of a curved front lot line, except flag lots which is the face of the sign in a plane perpendicular to the plane of the area extending across the full extent of the buildable portion building wall. of the flag lot measured from the property line which is 3. "Development Identification Sign" means a parallel to and nearest the street line and at which point the ground sign at the major entry to a residential development lot width equals a minimum of sixty feet. The Director of with twenty units or more meant to identify the name and Community Development shall have the discretion to modify address of the development. the provisions of this definition when it improves the design 4. "Directional sign" means any sign which relationship of the proposed buildings to adjacent buildings primarily displays directions to a particular area,location or or parcels. site. 2. Setback Area, Required Rear Yard. "Required 5. "Directory sign" means any outdoor listing of rear-yard setback area"means the area extending across the occupants of a building or group of buildings. full width of the lot between the rear lot line and the nearest 6. "Electronic readerboard sign" means an line or point of the main building. electronic sign intended for a periodically-changing 3. Setback Area, Required Side Yard. "Required advertising message. side-yard setback area"means the area between the side lot 7. "Freeway oriented sign"means any sign which is line and the nearest line of a building, and extending from located within six hundred sixty feet and visible from a the front setback line to the rear setback line. freeway right-of-way as defined by Section 5200 of the "Shopping center" means a group of commercial California Business and Professions Code. 1 establishments, planned, developed, owned or managed as 8. "Garage sale signs" means any sign used for a unit, with off-street parking provided on the parcel. advertising a garage or patio sale as defined in Chapter 5.16 "Shopping center," for purposes of the Sign of the Cupertino Municipal Code. Ordinance,means a retail entity encompassing three or more 9. "Ground sign" means any sign permanently tenants within a single building or group of buildings, but affixed to the ground and not supported by a building within which individual business located in defined tenant structure. The height of the sign shall be measured from the spaces are owned and managed separately from the shopping grade of the adjoining closest sidewalk to the top of the sign j center management. including trim- "Short-term rental" means any legally permitted 10. "Identification sign" means any sign whose sole dwelling unit,or portion thereof,made available for rent on purpose is to display the name of the site and the names of a transient occupancy basis. Short-term rental use shall not the occupants, their products or their services. be considered a hotel. 11. "Illegal sign" means any sign or advertising "Sidewalk site triangle" is a triangular shaped area statuary which was not lawfully erected,maintained,or was described in Cupertino Standard Detail 7-6. (See Appendix not in conformance with the provisions of this title in effect C, Cupertino Standard Detail; Sidewalk Site Triangle at the time of the erection of the sign or advertising statuary (Sidewalk Clearance at Driveway) or which was not installed with a valid permit from the City. "Sign"means any device,fixture,placard,or structure 12. "Illuminated sign" means any sign utilizing an that uses any color,form, graphic,illumination, symbol,or artificial source of light to enhance its visibility. writing to advertise,announce the purpose of,or identify the purpose of a person or entity, to communicate information of any kind to the public. 2020 5-78 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. j 14. "Landmark sign" means an existing, legal 27. "V-shaped si s" means any sign consisting of I� non-conforming ground sign that has a distinctive two vertical faces, or essentially vertical faces, with one !` 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. codified in this title. 29. "Wall sign" means any sign that is attached, 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. 2021 S-80 Repl. 37 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020 CJ P- • U U � w 'U .p n � UU U r U C G :f _z C T r C v O G v C C O C � C �" c� -�', � a '� C � � � .G C ti-, ram•. U L b4 17-1 �C. ell 6.1 � H � O � � v W)•G' U � 7� '..CZ tjD 70 ct Ct U C 2021 S-80 Repl. 19.20.020 Cupertino-Zoning 38 U U U a U R. F- a Ct, c P. U O pi •M � a ens V a u ¢ Q 0 _ w b(1 bf} ? Gfj CL '1 J 46! :J 00 ti H '.cGy :d 13 60 `a ❑ ;'y ,..' ram- " oG O+ cz .^•� � L � .� -°��� � u a�vi � .p � '� �v sue, �- e � y '� C3 r 7, q iC cJ U ^) «.+ t-. r tD .vn G« y U ter, G G _ ' tU W tC U ;� SY VI S ti o v y r ai v v y v G T . I H a J y v 7 v 'QO aj QO tn 2020 S-78 19.112.010 I 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 j 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 1 additional housing in certain residential and mixed-use rental. zoning districts in a manner which minimises 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. 16-2159, § 8 (part), governmental agency, land trust, or housing organization. 2016; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A Further,the owner shall record a deed restriction,expressly (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) 9 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 &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 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 zoning districts for dwelling units, including but not limited developments. to: lot coverage; floor area ratio; height; setbacks; landscape;the regulations contained in this chapter;Chapter i 193 2021 S-80 Repl. 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 5 800 s.f. accessory structures 1. Size of living space, exclusive of decks a. Minimum size 150 s.f. i 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 j single-family dwelling or the !I existing space of an accessory structure, and u. Does not require either: • An addition of more than f r 150 square feet to an I 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 junior 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 safety and life safety. standards for accessory structures in 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. 6. Parking for accessory None None dwelling unit 2020 S-76 194A Accessory Dwelling Units 19.112.030 1 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 shared bathroom with the principal dwelling unit, no interior doors or other connections between the units are permitted. 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 • 25 percent of the existing number of primary dwelling units, or • One accessory dwelling unit. I 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 5-76 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 d Chapter 19.100. 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 V' 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: i. 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. ti 2021 5-80 Repl. 47 Comprehensive Ordinance List Ord. No. Ord. No. 20-2200 Amends §§ 3.12.020, 3.12.050, 20-2214 Amends §§2.04.010, 2.28.040, 3.12.070(Transient Occupancy Tax), 8.01.090, 11.08.061 and 13.04.190, § 19.08.030(definitions), §§ 19.12.090, repealing §§ 11.08.040, 11.08.050, 19.12.120, 19.12.150, 19.12.080, 11.08.060, 11.08.070, 11.08.080, 19.20.020 and 19.120.050, creating 11.08.090, 11.08.100, 11.08.110 and Chapter 5.08 (Short-term Rental 11.08.120, concerning regular meetings Activity), regulating short-term rental of the City Council, concerning powers uses in residential zoning districts (3.12, and duties of the City Manager, 5.08, 19.08, 19.12, 19.20, 19.120) concerning animals in city buildings, 20-2203 Amends §§ 1.04.610 through 1.04.060 concerning bicycle licensing and (adds new § 1.04.030)general registration, and concerning activities provisions; repeals and readopts Ch. prohibited in city parks (2.04, 2.28, 1.08(1.08.010 and 1.08.020)right of 8.01, 11.08, 13.04) entry for inspection; repeals and 20-2215 Amends § 3.37.040, minimum wage readopts Ch. 1.09 (§§ 1.09.010 through (3.37) 1.09.110)nuisance abatement; repeals 20-2216 Amends Ch. 2.40 title and §§ 2.40.010, and readopts Ch. 1.10(§§ 1.10.010 2.40.025, 2.40.040, 2.40.050, through 1,10.180) administrative 2.40.060, 2.40.080, and 2.40.110, citations, fines, and penalties; amends regarding emergency management Ch. 1.12 title(General Penalty and program and disaster council; adds Criminal Enforcement), amends § 2.40.030(2.40) § 1.12.010 and § 1.12.020 and repeals 20-2218 Amends §§ 6.24.010, 6.24.020, § 1.12.030(1.04, 1.08, 1.09, 1.10, 6.24.030, 6.24.035, 6.24.037, 1.12) 6.24.080, 6.24.120, 6.24.150, 20-2204 An urgency ordinance authorizing 6.24.160, 6.24.170, and 6.24.180, i outdoor dining operations pursuant to a regarding solid waste collection(6.24) special temporary outdoor dining permit (Not Codified) 20-2205 Amends §2.20.010, recordkeeping duties-closed sessions (2.20) f 20-2207 An urgency ordinance authorizing outdoor dining operations pursuant to a special temporary outdoor dining permit (Not Codified) 20-2208 Amends §2.88.100, duties-powers- responsibilities (2.88) 20-2209 Adopts §2.20.120, electronic filing of campaign statements (2.20) 20-2210 Amends § 11.24.150,parking 1 prohibited along certain streets (11.24) 20-2211 Urgency ordinance temporarily waiving permit fees for certain temporary commercial signs and banners (Not Codified) 20-2213 Amends §§ 10.48.010, 10.48.051, community noise control for leaf blower regulations (10.48) 2021 S-80 Cupertino- Comprehensive Ordinance List 48 7 Index BUILDING CONSERVATION CODE Transfer 5.04.150 Adopted 16.60.010 Violation, penalty Name insertion 16.60.020 generally 5.04.500 remedies cumulative 5.04.510 BUILDING MATERIAL YARD Business license --C -- See also BUSINESS LICENSE fee 5.04.350 CABLE TELEVISION ADVISORY COMMITTEE See TELECOMMUNICATIONS COMMISSION BUSINESS LICENSE Adjustments, interstate commerce 5.04.100 CABLE AND VIDEO SERVICES Appeal 5.04.480 Audit authority 6.28.060 City council powers, duties 5.04.060 Customer service requirement 6.28.070 Collector powers, duties 5.04.070 Franchise fee and PEG fee 6.28,050 Deemed debt to city 5.04.240 Franchise required 6.28.030 Definitions 5.04.030 Grant of authority 6.28.030 Duplicate 5.04.170 Intent and purpose 6.28.020 Effect of provisions 5.04.490 Police power 6.28.040 Evidence of doing business 5.04.090 Short title 6.28.010 Exemption Use of streets 6.28.080 application 5.04.120 generally 5.04.110 CAFETERIA Imposed 5.04.280 See RESTAURANT Interest, penalties 5.04.250 Interpretation of provisions 5.04.050 CALIFORNIA WATER SERVICE Issuance, expiration 5.04.210 See FRANCHISE Overpayment refund 5.04.230 Payment due when 5.04.200 CAT Posting, display required 5.04.140 See ANIMAL Purpose of provisions 5.04.020 Reclassification 5.04.470 CIGARETTES Renewal 5.04.160 See TOBACCO PRODUCTS; REGULATING Required 5.04.080 THE SALE OF Revocation 5.04.120 Separate businesses, same location, separate CIRCULAR licenses required 5.04.130 See ADVERTISEMENT Statements deemed not conclusive, CIRCUS confidentiality 5.04.260 Business license extension for filing 5.04.270 See also BUSINESS LICENSE failure to file 5.04.190 fee 5.04.340 verification, audit 5.04.180 Tax increase, automatic, consumer price index CITY 5.04.460 Officials Terminology of provisions 5.04.040 See Specific Officer f Title of provisions 5.04.010 2020 5-75 Cupertino-Index 8 CITY COUNCIL/CITY STAFF RELATIONSHIPS Department Council and Council members 2.17.030 See DEPARTMENTAL ORGANIZATION Council policy 2.17.033 Deputy, appointment 2.20.110 Council power 2.17.031 Election date change Individual Council members 2.17.032 copy filing 2.76.020 Information 2.17.034 voter notification 2.76.030 Intent and purpose 2.17.020 Electric filing of campaign statements, 2.20.120 Preamble 2.17.010 Employees' retirement system execution 2.56.020 Staff 2.17.040 Nuisance abatement lien certificate, issuance Execution of Council direction 2.17.041 1.09.140 Timely response 2.17.043 Oath of office, bond 2.20.040 Undue influence 2.17.042 Oaths, affirmations administration 2.20.070 Other duties 2.20.080 CIVIL DEFENSE Recordkeeping See EMERGENCY MANAGEMENT PROGRAM accounting duties transferred 2.20.020 duty 2.20.010 CLAIMS AGAINST THE CITY ordinances 2.20.030 Authority 1.18.010 Storm drainage service charge collection Claim prerequisite to suit 1.18.025 duties 3.36.080 Claims required 1.18.015 Transient occupancy tax appeal hearing Exhaustion of administrative remedies 1.18.040 notice 3.12.100 Form of claim 1.18.020 Weed abatement, assessment, notice Suit 1.18.030 posting 9.08.080 CLEAN WATER AND STORM PROTECTION FEE CODE Annual review of fee 3.38.040 Adopted 1.01.010 Collection of fees omitted from tax Authority 1.01.030 roll-billing 3.38.090 Constitutionality 1.01.090 Definitions 3.38.020 Construction 1.04.050 Determination and imposition of fee for fiscal Definitions 1.04.010 year 2019-20 3.38.030 Effective date 1.01.080 Disputed fees 3.38.140 Effect, past actions, obligations 1.01.070 Effective date of fees 3.38.060 Enforcement officer Fees collected with general taxes 3.38.070 See CODE ENFORCEMENT OFFICER Fiscal accountability 3.38.150 Enforcement remedies, 1.04.030 Inspection of parcels authorized 3.38.180 Fire Payment of balance of fee 3.38.080 See FIRE CODE Payment of delinquent fees-city enforcement Grammatical interpretation 1.04.020 powers 3.38.190 Headings, not limiting 1.01.050 Payment of fees Penalty Delinquency date 3.38.120 designated 1.12.010 Location 3.38.110 separate offenses 1.12.020 Owner responsibility 3.38.100 Prohibited acts including causing, Penalty for delinquency 3.38.130 permitting 1.04.040 Purpose of the fee-limitation of use 3.38.010 References Refunds 3.38.170 applicable to amendments 1.01.040 Special fund-restricted use of revenues 3.38.160 application to corresponding Various actions 3.38.050 ordinances 1.01.060 title, citation 1.01.020 CLERK, CITY Repeal shall not revive any ordinances 1.04.060 Appointment 2.20.100 City seal custodian 2.20.050 Conflict of interest 2.64.020 Construction prohibition appeal notice 10.48.060 2021 S-80 9 Index { CODE ENFORCEMENT OFFICER COUNCIL, CITY Inspection, right of entry Abandoned vehicle,hearing 11.04.070 See INSPECTION Bicycle, fee allocation 11.08.130 Office created 2.30.010 Bingo license fee 5.32.280 Warrantless arrest authority 2.30.020 Business license powers, duties 5.04.060 Call for Council review 2.08.145 COFFEE SHOP Child care expense reimbursement, See RESTAURANT when granted 2.72.010 Communications 2.08.100 COMMISSION, CITY Contract bid award 3.24.080 See Specific Commission Document signature authority 2.08.135 Election COMMUNICATION WITH CITY OFFICIALS See also Campaign finance Public building, prohibited acts generally 2.04.005 designated 10.10.020 False alarm hearing duties 10.26.120 Right designated 10.10.010 Manager, city Violation, penalty 10.10.030 appointment 2.28.010 suspension, removal 2.28.090 COMMUNITY DEVELOPMENT DEPARTMENT Meeting See DEPARTMENTAL ORGANIZATION discussion procedure 2.08.130 emergency 2.04.025 COMMUNITY DEVELOPMENT DIRECTOR order of business 2.08.090 Parade and athletic event administrative place 2.04.030 authority 10.44.030 presentation method 2.08.080 protests 2.08.120 CONCERT reconsideration Business license motions 2.08.095 See also BUSINESS LICENSE petitions 2.08.096 fee 5.04.340 regular 2.04.010 j special 2.04.020 j CONSTRUCTION TAX violation,penalty 2.08.140 Adjustment 3.32.045 Municipal employee relations officer Definitions 3.32.020 appointment 2.52.320 Exceptions 3.32.070 Officer, official body reports 2.08.110 Imposition 3.32.030 Parade, athletic event permit appeal Payment hearing 10.44.140 place 3.32.060 Permit parking time determination 11.27.130 I time 3.32.050 Personnel authority 2.52.090 Purpose, intent 3.32.010 Petition j Rates 3.32.040 definitions 2.08.030 Refunds 3.32.050 exception 2.08.070 j Revenue use 3.32.080 hearing notice 2.08.040 Public safety commission appointment 2.60.010 CONTRACTOR Reimbursement 2.16.030 Business license Robert's Rules of Order adopted 2.08.020 See also BUSINESS LICENSE Salary fee 5.04.370 amount, effective date 2.16.020 statutory basis 2.16.010 { 2021 S-80 Cupertino-Index 10 Storm drainage service charge Procedural rules 2.90.100 adjustment authority 3.36.160 Purpose of provisions 2.90.020 collection duties 3.36.080 Records 2.90.080 review duties 3.36.050 Terms of office 2.90.030 Technology, information, and Vacancy, removal 2.90.040 communications commission appointment 2.74.010 DISASTER COUNCIL vacancy filling 2.74.030 See EMERGENCY MANAGEMENT PROGRAM Term limits 2.04.050 Transient occupancy tax appeal hearing DOCUMENTARY STAMP TAX determination 3.12.100 Administration, authority 3.04.090 Vacancy filling 2.04.040 Exemptions 3.04.040 Water charge appeal hearing 15.12.100 Imposition, rate 3.04.020 Weed abatement Payment responsibility 3.04.030 assessment, hearing 9.08.090 Refund claim, authority 3.04.100 authority 9.08.060 Short title, authority 3.04.010 hearing, decision, action 9.08.050 resolution 9.08.020 DOG See ANIMAL CRIMINAL ENFORCEMENT See PENALTY AND CRIMINAL --E-- ENFORCEMENT, GENERAL EARTHQUAKE CRUISING See TOXIC GASES See TRAFFIC ELECTIONS, MUNICIPAL r' CUPERTINO GARBAGE COMPANY See COUNCIL, CITY See GARBAGE ELECTRICAL CODE CURFEW Adoption of 2019 California Electrical Code based Definitions 10.68.010 on the 2017 National Electrical Code Exceptions 10.68.030 16.16.010 Violation Adoption of appendix chapters 16.16.015 penalty 10.68.050 Definitions 16.16.020 prohibited acts 10.68.020 Electrical work, 16.16.030 Fee schedule 16.16.040 --D-- Interpretation 16.16.050 Maintenance program 16.16.060 DEFECATION See URINATION, DEFECATION EMERGENCY MANAGEMENT PROGRAM Compliance with California Emergency Services DEPARTMENTAL ORGANIZATION Act 2.40.030 Authority of Director of Public Works and City Definitions 2.40.020 Engineer to approve plans and designs 2.48.040 Director of Emergency Services Divisions, designated 2.48.020 designated 2.40.050 Manager authority 2.48.030 powers and duties 2.40.060 Purpose 2.48.010 Disaster Council 2.40.025 powers and duties 2.40.040 DESIGN REVIEW COMMITTEE Emergency organizations Chairperson 2.90.050 membership 2.40.070 Construction of provisions 2.90.110 structure, duties and functions 2.40.080 Established 2.90.010 Expenditures 2.40.100 Licensed architect 2.90.070 Mutual aid 2.40.090 Meetings, quorum 2.90.060 Purposes 2.40.010 Powers, functions 2.90.090 Violation, penalty 2.40.110 2021 S-80 13 Index 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 j conditions for 16.52.061 Solid waste Warning and disclaimer of liability 16.52.016 See GARBAGE Water FOOD ESTABLISHMENT See California water service See RESTAURANT See San Jose waterworks FRANCHISE FUND Cable television Investment 2.24.050 See CABLE AND VIDEO SERVICES Special gas tax street improvement California water service See SPECIAL GAS TAX STREET designated 6.16.010 IMPROVEMENT FUND 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 2021 S-80 Cupertino -Index 14 _-G-_ Recycling mandatory non-organic recycling for businesses GARAGE, PATIO SALE 6.24.035 Definitions 5.16.020 mandatory organic recycling for business Enforcement 5.16.060 structures 6.24.037 Findings 5.16.010 mandatory solid waste collection service, Goods display 5.16.050 exemption procedures 6.24.031 Limitation 5.16.030 Recycling center, operation,use 6.24.190 Sign Violation, penalty 6.24.240 See also SIGN regulations generally 19.104.250 GAS restrictions 5.16.040 See FRANCHISE Violation TOXIC GASES penalty 5.16.070 presumption 5.16.041 GENERAL PENALTY AND CRIMINAL ENFORCEMENT GARBAGE See PENALTY AND CRIMINAL Administration, enforcement, regulations adoption ENFORCEMENT, GENERAL 6.24.230 Burning, restrictions 6,24.090 GENERAL PLAN Collection See LAND DEVELOPMENT PLANNING See also Specific Subject unauthorized, prohibited 6.24.200 GOAT Collection service See ANIMAL See also Recycling charges for 6.24.150 GRADING r commencement, time limits 6.24.040 See EXCAVATION entitlement to collect for 6.24.160 See also Delinquent account GRAFFITI franchise Abatement grant, scope, authority 6,24.120 generally 10.60.050 interference prohibited 6.24.210 procedure 10.60.060 mandatory, owner responsibilities 6.24.030 stayed during prosecution 10.60.070 unauthorized use prohibited 6.24.220 Definitions 10.60.030 Container Nuisance declared 10.60.020 inappropriate, additional charges when Prohibited 10.60.040 6.24.080 Purpose of provisions 10.60.010 standards, use regulations 6.24.070 Remedies cumulative 10.60.080 Definitions 6.24.020 Violation, penalty 10.60.090 Delinquent account notification 6.24.170 remedies for 6.24.180 Disposal explosive, hazardous materials 6.24.100 frequency 6.24.050 methods designated 6.24.060 unauthorized 6.24.110 Franchise See Collection service Purpose of provisions 6.24.010 2021 S-80