2021 S-81 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2021 S-81 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TABLE OF CONTENTS
1, 2 1, 2
TITLE 2: ADMINISTRATION AND PERSONNEL
1, 2 1, 2
- - 77 through 82
TITLE 5: BUSINESS LICENSES AND REGULATIONS
1 through 4 1 through 4
7 through 10 7 through 10
13 through 16 13 through 16
29 through 32 29 through 32B
TITLE 13: PARKS
7, 8 7, 8
TITLE 17: ENVIRONMENTAL REGULATIONS
(formerly Reserved)
1, 2 1 through 4
COMPREHENSIVE ORDINANCE LIST
47, 48 47, 48
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Cupertino, CA - Instruction Sheet 2
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INDEX
3, 4 3, 4
11 through 14 11 through 14
16A through 18 16A through 18
21, 22 21, 22
24A through 26 24A through 26
33, 34 33, 34
35, 36 35, 36
kgw
4/2021
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-81 Supplement contains:
Local legislation current through Ordinance 21-2223, passed 3-2-2021
COPYRIGHT ° 2021
AMERICAN LEGAL PUBLISHING CORPORATION
CUPERTINO, CALIFORNIA
MUNICIPAL CODE
TABLE OF CONTENTS
Title
1. General Provisions
2. Administration and Personnel
3. Revenue and Finance
4. (Reserved)
5. Business Licenses and Regulations
6. Franchises
7. (Reserved)
8. Animals
9. Health and Sanitation
10. Public Peace, Safety and Morals
11. Vehicles and Traffic
12. (Reserved)
13. Parks
14. Streets, Sidewalks and Landscaping
15. Water and Sewage
16. Buildings and Construction
17. Environmental Regulations {
18. Subdivisions
19. Zoning
20. General and Specific Plans
j
Appendix: Tables
a
INDEX
11
i
1
2021 S-81
2 Cupertino -Table of Contents
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
2.100 Regulation of Lobbying Activities
1
2021 S-81
Cupertino -Administration and Personnel 2
2.100.010
I
CHAPTER 2.100: REGULATION OF LOBBYING ACTIVITIES*
Section
2.100.010 Purpose. 2.100.020 Interpretation.
2.100.020 Interpretation. Unless the term is specifically defined in this chapter
2.100.030 Definitions. or the contrary is stated or clearly appears from the context,
2.100.040 Registration. the definitions set forth in Government Code Section 81000
2.100.050 Annual registration renewal. et seq.,shall govern the interpretation of this chapter. (Ord.
2.100.060 Termination of lobbyist status. 21-2222, § 1 (part), 2021)
2.100.070 Active status.
2.100.080 Registration fees. 2.100.030 Definitions.
2.100.090 Required registration information. For the purposes of this chapter, the following
2.100.100 Quarterly reports. definitions shall be applicable:
2.100.110 Records retention. (a) "Activity Expense"means any payment made by
2.100.120 Lobbyist identification. a Lobbyist to or directly benefiting any City Official, City
2.100.130 Prohibitions. Official-elect or member of his or her immediate family.
2.100.140 Gifts. Activity Expenses include Gifts,honoraria,consulting fees,
2.100.150 Enforcement. salaries and any other form of Compensation, but do not
2.100.160 Injunction. include campaign contributions.
2.100.170 Practice restrictions. (b) "Administrative Action" means the proposal,
2.100.180 Exemptions. drafting, development, consideration, advocacy or
recommendation of any rule, regulation, agreement or
* Editor's note: Pursuant to Ord. 21-2222, § 4, contract, permit, license or hiring action.
"the provisions of Chapter 2.100("Regulation of (c) "At the behest"means at the specific direction of,
Lobbying Activities")shall not become operative or at the personal request or suggestion of, or with the
until July 1,2021. The City,or its designee,will express prior consent of, any elective City Official, City
not begin to enforce the provisions of Chapter Official-elect or candidate for elective City office.
2.100 until that date." (d) "City Official"means any public official,or City
employee who participates in the consideration of any
Legislative Action or Administrative Action other than in a
2.100.010 Purpose. purely clerical, secretarial or ministerial capacity. It shall
The purpose of this chapter is to impose registration also include any City board or commission member,or City
and disclosure requirements on those engaged in efforts to representative to any joint powers authority to which the
influence the decisions of City policy makers for City is a parry, and any consultant to the City.
Compensation. Disclosure of Lobbyists' identities and (e) "Client"means a Person who is represented by a
activities fosters public confidence in government officials Lobbyist.
by making government decision-making more transparent to (f) "Compensation" includes, but is not limited to,
the public. Additionally, the disclosure and registration money of any denomination or origin; goods or services or
requirements ensure that City Officials are made aware of anything of value, delivered or rendered; or promises to
the interests that Lobbyists represent when the officials are perform or provide services or contractual arrangements or
lobbied. (Ord. 21-2222, § 1 (part), 2021) awards.
(g) "Contact" means attendance at a meeting with a
City Official or City Official-elect, or any direct
communication with a City Official or City Official-elect,
77
2021 S-81
2.100.030 Cupertino- Administration and Personnel 78
whether oral, electronic or in writing, including, but not (n) "Lobbying" is the Influencing or attempting to
limited to communication through an agent, associate or influence a Legislative Action or Administrative Action of
employee,for the purpose of engaging in Lobbying activity. the City.
(h) "Fundraising Activity" means soliciting a (o) "Lobbyist," unless exempt under subsection(p)
contribution; hosting or sponsoring a fundraising event; or of this section, means: j
hiring a fundraiser or contractor to conduct any event (1) Contract Lobbyist: A Person who engages in
designed for political fundraising at which contributions for Lobbying on behalf of one or more Clients (acting
any City Official, candidate for elective City office or any individually or through agents, associates, employees or
controlled committee of an elected City Official or candidate contractors) and who has received or has entered into an
for City office or for any political action committee, agreement for Compensation of one thousand dollars
f a 1 000.00 or more or equivalent nonmonetar
political party or candidate for elective office o ($ , ) q Y
governmental Organization are solicited,delivered or made. Compensation("threshold Compensation")for engaging in
(i) "Gift" means gift as defined in the California Lobbying during any consecutive three-month period;
Political Reform Act, Government Code Section 81000 et (2) Business or Organization Lobbyist:Any business
seq., as amended from time to time. or Organization, whose owner(s),officer(s)or employee(s)
0) "Independent Expenditure"means an expenditure carry out Lobbying on its behalf,in an aggregate amount of
made by any Person, including a payment of public moneys ten hours or more within any consecutive twelve(12)-month
by a state or local governmental agency, in connection with period, whether or not such officers or employees are
a communication which expressly advocates the election or specifically compensated to engage in Lobbying;provided,
defeat of a clearly identified candidate or the qualification, that the activities of officers shall be considered Lobbying
passage or defeat of a clearly identified measure, or taken as only if those officers receive Compensation by the business
a whole and in context, unambiguously urges a particular or Organization beyond reimbursement for their reasonable
result in an election but which is not made to or at the behest travel, meals or incidental expenses; or
of the affected candidate or committee. (3) Expenditure Lobbyist: A Person who makes
(k) "Influencing" means the purposeful payments or incurs expenditures of five thousand dollars
communication, either directly or through agents, ($5,000.00)or more during any calendar year in connection
promoting, supporting, modifying, opposing, causing the with carrying out public relations, advertising or similar
delay or abandonment of conduct,or otherwise intentionally activities with the intent of soliciting or urging, directly or
affecting the behavior of a City Official or official-elect,by indirectly, other Persons to communicate directly with any
any means, including,but not limited to,providing or using City Official in order to attempt to influence Legislative
persuasion, information, incentives, statistics, studies or Action or Administrative Action. The five thousand dollar
analyses. ($5,000.00) threshold shall not include: (A) Compensation
(1) "Intermediary" means a Person who makes a paid to Contract Lobbyists or employees for Lobbying; or
campaign or officeholder contribution on behalf of another (B) dues payments, donations, or other economic
Person. A Person is an Intermediary for a contribution if consideration paid to an Organization,regardless of whether
the recipient of the contribution would consider that Person the dues payments, donations or other economic
to be the contributor without the disclosure of the identity of consideration are used in whole or in part to lobby.
the true source of the contribution. A Lobbyist acts as an (p) Exemptions to "Lobbyist" include:
Intermediary if the Lobbyist makes a contribution on behalf (1) Any public official acting in his or her official
of another Person,and that other Person is acknowledged as capacity or acting within the scope of his or her employment
the contributor, and the Lobbyist is reimbursed for the or appointment;
contribution. (2) The Media, when limiting its action to the
(m) "Legislative Action" means the drafting, ordinary course of news gathering or editorial activity, as
introduction, consideration, modification, enactment or carried out by members of the press. "Media" shall mean
defeat of any resolution, ordinance, amendment thereto, newspapers or any other regularly published periodical,
report, nomination, or other action of the Mayor, City radio or television station or network or information
Council, any City board, committee, or commission or any published on the Internet. This exemption does not apply to
joint powers authority of which the City is a party,acting in individuals conducting media activities when that individual
its official capacity, or the granting, approval, or would otherwise qualify as a Contract Lobbyist under this
amendment of contracts or agreements to which the City is chapter;
a party by any of the foregoing. (3) Persons reimbursed for only their reasonable
travel, meals or incidental expenses, including, but not
2021 S-81
79 Regulation of Lobbying Activities 2.100.030
limited to,uncompensated members or directors of nonprofit (i) The owner or business has not retained a Person
Organizations, such as chambers of commerce; to engage in Lobbying activity on behalf of the owner or
(4) Persons whose communications regarding any business; or
Legislative Action or Administrative Action are solely (ii) Officers or employees of the business (not
limited to appearing at or submitting testimony for any including the owner)have not engaged in Lobbying activity
public meeting held by the City or any of its agencies, on behalf of the owner or business.
offices, or departments, as long as the communications This exemption applies only to the threshold for
thereto are public records available for public review. becoming a Business or Organization Lobbyist as defined
Persons who appear or testify at public meetings and who under Section 2.100.030(o), subsection(2). An owner of a
otherwise qualify as Lobbyists due to other activities must business who meets this exemption is subject to the
register and disclose their Lobbying activities directed requirements of this chapter if he or she meets the definition
toward City Officials, and must identify themselves and of Contract Lobbyist or Expenditure Lobbyist as defined
their Clients at public meetings, in the same manner and to under subsections (1) and (3) of Section 2.100.030(o),
the same extent such registration, disclosure, and respectively;
identification is required of all other Lobbyists; (13) Persons who meet with City Officials solely to
(5) Persons submitting bids or responding to requests lodge "whistleblower" complaints relating to alleged
for proposals,provided the provision of such information is improper governmental activity such as mismanagement,
limited to direct conversation or correspondence with the waste of funds, an abuse of authority, or a substantial and
official or department specifically designated to receive such specific danger to public health or safety;
information; (14) Persons whose communications with City
(6) Persons providing oral or written information Officials are solely in connection with the administration of
pursuant to a subpoena or otherwise compelled by law or an existing contract or agreement between the Person and
regulation, or in response to an official request; provided, the City; or
that the request and response thereto are public records (15) Persons who meet with the City Attorney,or City
available for public review; staff regarding any claim or litigation matter, negotiation of
(7) Designated representatives of a recognized any agreements or contracts where the City is a party,or the
employee Organization whose activities are limited to requirements or interpretation of this chapter.
communicating with City Officials or their representatives (q) "Organization" means any Person that is not an
regarding(A)wages,hours and other terms or conditions of individual.
employment, or (B) the administration, implementation or (r) "Person" means any individual, domestic or
interpretation of an existing employment agreement; foreign corporation, for-profit or nonprofit entity, firm,
(8) Persons who are professionally licensed by a State association, syndicate, union, chamber of commerce,
licensing Organization pursuant to the California Business joint-stock company, partnership of any kind, limited
and Professions Code, including, but not limited to, liability company, common-law trust, society, or any other
attorneys, architects and engineers; provided however, the group of Persons acting in concert. (Ord. 21-2222, § 1
exemption for attorneys shall only be applicable if the (part), 2021)
attorney is engaged in the practice of law with respect to the
subject of the employment; 2.100.040 Registration.
(9) Board members or employees of nonprofit Lobbyists shall register with the City Clerk within
501(c)(3)corporations,unless the nonprofit Organization is fifteen(15)days after qualifying as a Lobbyist under CMC
Lobbying for a specific project, issue or Person for which 2.100.030. Should a Lobbyist have a change to its
the Organization has received Compensation or a registration information, including, but not limited to, the
contribution to lobby for or against a specific project, issue City Legislative Action or Administrative Action as to which
or Person; the Lobbyist has been engaged, after the annual registration
(10) Members of neighborhood associations; period,such Lobbyist shall file an amended registration with
(11) A Person hired by the City for work performed the City Clerk within fifteen(15)days of such change with
on behalf of the City, or a Person who prepares documents the changed information. (Ord. 21-2222, § 1 (part), 2021)
for consideration by the City under the California j
Environmental Quality Act; 2.100.050 Annual registration renewal.
(12) The owner of a business whose attempts to A Lobbyist shall renew his or her registration by {
influence governmental action are on behalf of the business January 15th of each year unless he or she has terminated j
and: their status as a Lobbyist pursuant to CMC 2.100.060 by
i such date. (Ord. 21-2222, § 1 (part), 2021)
2021 S-81
2.100.060 Cupertino - Administration and Personnel 80
2.100.060 Termination of Lobbyist status. (a) Contract Lobbyists:The name,business address, '
After initial registration, annual registration renewal telephone number of each Client,the nature of each Client's
will not be required if a declaration attesting to the business and the item(s) of Legislative Action or
termination of Lobbying services within the City has been Administrative Action the Lobbyist is seeking to influence
filed with the City Clerk no later than January 15th. (Ord. on behalf of the Client; and the name of each Person
21-2222, § 1 (part), 2021) employed or retained by the Lobbyist to lobby on behalf of
each Client.
2.100.070 Active status. (b) Business or Organization Lobbyists: The names
All registrations, renewals and terminations will be of owners, officers or employees conducting Lobbying
deemed filed on the date received by the City Clerk. A activities and the item(s) of Legislative Action or
Lobbyist shall be deemed active for the duration of the year Administrative Action the Lobbyist is seeking to influence.
of registration ending December 31st, unless a declaration (c) Expenditure Lobbyists:The item(s)of municipal
attesting to termination of Lobbying services within the City Legislative Action or Administrative Action the Lobbyist is
is filed. (Ord. 21-2222, § 1 (part), 2021) seeking to influence.
(d) Payment received by the reporting Lobbyist for
2.100.080 Registration fees. services as a consultant or in any other capacity for services
Persons subject to the registration requirements of this rendered to a City agency, any City Official or any City
chapter shall pay an annual fee set by resolution of the City Official-elect or their controlled committees, or ballot
Council. measure committee within the previous calendar year. The
(a) The applicable registration fee is due at the time dates of payment and name of each payer shall be included.
of registration or registration renewal. Payment will be (e) Campaign and officeholder contributions that a
deemed delinquent thereafter. Delinquency fees may be Lobbyist made,delivered or acted as an Intermediary for,to
assessed as specified in subsection (c) of this section, if an elected City Official or candidate for City office made
payment occurs after the due date. during the preceding calendar year. A Person is an
(b) In addition to the annual fee, each registrant shall Intermediary for a contribution if the recipient of the
pay a fee set by resolution of the City Council per Client for contribution would consider that Person to be the contributor
whom Lobbying is undertaken for Compensation in excess without the disclosure of the identity of the true source of
of five hundred dollars ($500.00). The fees for Clients as the contribution. Also, a Lobbyist acts as an Intermediary
of the date of initial registration shall be submitted with the if the Lobbyist makes a contribution on behalf of another
registration. The fees for subsequent Clients shall be due Person, and that other Person is acknowledged as the
and submitted within fifteen (15)days of such change with contributor, and the Lobbyist is reimbursed for the
the changed information pursuant to CMC 2.100.040. contribution.
(c) A fine of twenty-five dollars($25.00)per day for (f) Campaign and officeholder contributions made at
delinquent fees, up to a maximum of five hundred dollars the behest of an elected City Official or candidate to any
($500.00), will be assessed until in compliance with the other elected public official or candidate for public office
registration provisions herein. (Ord. 21-2222, § 1 (part), during the preceding calendar year.
2021) (g) All Independent Expenditures made for or on
behalf of a City Official or candidate for City office made
2.100.090 Required registration information. during the preceding calendar year.
The initial registration shall contain the name,business (h) Fundraising Activity for any City Official,
address, telephone, email addresses and, if applicable, candidate for elective City office or any controlled
business license of all Persons required to register pursuant committee of the elected City Official or candidate for City
to this chapter, including the names of all owners of sole office or for any political action committee, political party
proprietorships and partnerships of fewer than ten Persons. or candidate for elective office of a governmental
If the registrant is a corporation, it shall also include the Organization made at the behest of a City Official during the
names of the president, secretary, chief financial officer, preceding calendar year. Required information and
and agent for service of process, if any. Any business or disclosures must include the name of the City Official,
Organization registering under this act shall also briefly candidate,committee or party on whose behalf the Lobbyist
describe the nature of its business or Organization and engaged in fundraising activities, or delivered or acted as
contact individual. In addition to this information, the Intermediary for one or more contributions. The
report shall contain the following: information and disclosures must also include the name of
the City Official requesting the Fundraising Activity, the
2021 S-81
81 Regulation of Lobbying Activities 2.100.090
date of the Fundraising Activity, the name of the reports shall be preserved by the Lobbyist for inspection and
contributors and the amount of contributions raised, audit for a period of four years from date of production.
delivered and/or made in connection with which the (Ord. 21-2222, § 1 (part), 2021)
Lobbyist acted as an Intermediary.
(i) Donations to for profit or nonprofit Organizations 2.100.120 Lobbyist identification.
made at the behest of a City Official or candidate for When appearing in a Lobbying capacity at any meeting
elective City office of any contribution or payment of more with a City Official or at a public meeting of the City
than one thousand dollars in the aggregate made during the Council or any other City board, commission or hearing, a
preceding calendar year. Contract Lobbyist shall identify himself/herself and the
0) Contacts made with City Officials or City Client(s) on whose behalf he/she is appearing, and a
Officials-elect during the preceding calendar year for the Business or Organization Lobbyist shall identify
purpose of influencing or attempting to influence Legislative himself/herself and the business or Organization he/she
Action or Administrative Action. Contact information must represents. (Ord. 21-2222, § 1 (part), 2021)
include a brief description of the items) of Legislative
Action or Administrative Action the Lobbyist is seeking to 2.100.130 Prohibitions.
influence, the date(s)of Contact, the method(s)of Contact, It shall be unlawful for any Lobbyist to commit any of
and the number of Contacts in the following ranges: (one), the following acts:
(two to five), (six to ten) or(eleven or more). (a) Unregistered Lobbying: Acting as a Lobbyist in
(k) Activity Expenses such as payments that directly the City without having registered in compliance with this
benefit any City Official, City Official-elect or member of chapter, or knowingly to employ a Person or entity to serve
his or her immediate family or domestic partner made as a Lobbyist when such Person is not registered pursuant to
during the preceding calendar year. Activity Expenses this chapter.
include Gifts,honoraria, consulting fees, salaries and other (b) Unauthorized Communications: Sending or
forms of Compensation, but do not include campaign causing any communication to be sent to any City Official in
contributions. the name of any nonexistent Person or in the name of an
(1) The name,address,title and telephone number of existing Person without the express or implied consent of
the Person responsible for preparing the report, together such Person.
with that individual's signature attesting to the authority of (c) Indirect Violations: Attempting to evade the
the signatory and the accuracy and truthfulness of the requirements of this chapter through indirect efforts or
information submitted. (Ord. 21-2222, § 1 (part), 2021) through the use of agents, associates, intermediaries or
employees.
2.100.100 Quarterly reports. (d) Creation of Obligations: Performing or
Quarterly reports for the prior three-month period are sponsoring any act with the purpose and intent of placing
to be filed with the City Clerk on or before July 15th, any City Official under personal obligation to the Lobbyist.
October 15th, January 15th, and April 15th of each year, (e) Contingent Compensation: Compensation for
whether or not any Lobbying activities have occurred during Lobbying activity when the Compensation is directly
such period. Electronic reporting may also be permitted by dependent on the result of Legislative Action(s) or
the City Clerk. Each quarterly report shall contain the same Administrative Action(s)that are the subject of the Lobbying j
information as required to be disclosed in the initial activity. (Ord. 21-2222, § 1 (part), 2021)
registration, for those activities occurring in that period. If
a Lobbyist has terminated all Lobbying activities during such 2.100.140 Gifts.
period, the Lobbyist may file a declaration of termination It shall be unlawful for any Lobbyist to deliver or
with the quarterly report. The final quarterly report shall cause to be delivered any Gift to any City Official, and for
include disclosure of any Lobbying activities during the any City Official to accept any Gift from a Lobbyist. (Ord.
period of termination. (Ord. 21-2222, § 1 (part), 2021) 21-2222, § 1 (part), 2021)
2.100.110 Records retention. 2.100.150 Enforcement.
All information,reports and statements required to be Persons or entities that violate this chapter may be
filed under the provisions of this chapter shall be compiled subject to penalties as set forth in CMC 1.12.010. (Ord.
and preserved by the City pursuant to the City's records 21-2222, § 1 (part), 2021)
retention schedule and shall be open to public inspection.
Copies of the records pertaining to the above-required
2021 S-81
2.100.160 Cupertino -Administration and Personnel 82
2.100.160 Injunction.
The City Attorney may seek injunctive relief in the
courts to enjoin violations of or to compel compliance with
the provisions of this chapter. (Ord. 21-2222, § 1 (part),
2021)
2.100.170 Practice restrictions.
No Person who the City finds to have violated this
chapter may act as a Lobbyist or otherwise attempt to
influence municipal Legislative Actions or Administrative
Actions for Compensation for one year after such finding of
violation. (Ord. 21-2222, § 1 (part), 2021)
2.100.180 Exemptions.
Any Person who in good faith and on reasonable
grounds believes that he or she is not required to comply
with the provisions of CMC 2.100.040 by reason of his or
her being exempt under CMC 2.100.030(p) shall not be
deemed to have violated the provisions of CMC 2.100.040
if, within fifteen(15)days after notice from the City, he or
she either complies or furnishes satisfactory evidence to the
City that he or she is exempt from registration. (Ord.
21-2222, § 1 (part), 2021)
't
2021 5-81
TITLE 5: BUSINESS LICENSES AND REGULATIONS
Chapter
5.04. Business Licenses Generally
5.08 Short-Term Rental Activity
5.16 Garage and Patio Sales
5.20 Solicitors
5.28 Taxicabs
5.32 Bingo
5.40 Secondhand Dealers and Pawnbrokers
5.48 Sidewalk Vendors
5.50 Regulating the Sale of Tobacco Products
1
2021 5-81
Cupertino-Business Licenses and Regulations 2
5.04.010
CHAPTER 5.04: BUSINESS LICENSES GENERALLY
Section
5.04.010 Citation of chapter. 5.04.370 Contractors.
5.04.020 Scope of chapter-Effect on other 5.04.380 Home occupations.
regulations. 5.04.390 Hotels, motels, auto courts, and
5.04.030 Definitions. lodginghouses.
5.04.040 Terminology. 5.04.400 Sidewalk vendor.
5.04.050 Interpretations by the Collector. 5.04.410 Rest, convalescent, guest and family care
5.04.060 City Council-Powers and duties. homes.
5.04.070 Collector-Powers and duties. 5.04.420 Private schools.
5.04.080 License-Required. 5.04.430 Taxicabs or automobiles for hire.
5.04.090 Evidence of doing business. 5.04.440 Theaters and shows.
5.04.100 Adjustments for business acting in 5.04.450 Small-income businesses.
interstate commerce. 5.04.460 Indexing.
5.04.110 Exemptions. 5.04.470 Reclassification-Collector authority.
5.04.120 Application for exemption-Revocation. 5.04.480 Appeal procedure.
5.04.130 Business type-Separate licenses required. 5.04.490 Effect of business license code.
5.04.140 Posting, display required. 5.04.500 Violation-Penalty.
5.04.150 License nontransferable. 5.04.510 Remedies cumulative.
5.04.160 Renewal license.
5.04.170 Duplicate license.
5.04.180 Statements and records. 5.04.010 Citation of Chapter.
5.04.190 Failure to file statements or corrected The ordinance codified in this chapter may be referred
statement-Effect. to and cited as the "Business License Tax Ordinance."
5.04.200 Time of payment. (Ord. 1612, § 1 (part), 1992)
5.04.210 Issuance period.
5.04.230 Overpayment refund. 5.04.020 Scope of Chapter-Effect on Other
5.04.240 Tax constitutes a debt to City-Collection Regulations.
of unpaid taxes. This chapter is enacted pursuant to the authority
5.04.250 Interest and penalties. granted to the City Council under Section 37101 of the
5.04.260 Sworn statements required by chapter not California Government Code, to license for revenue, every
conclusive-Information confidential. kind of lawful business, profession or trade in the City.
5.04.270 Extension of time for filing sworn This chapter is enacted solely to raise revenue for municipal
statement. purposes and is not intended to license or tax for regulation.
5.04.280 Imposition of tax-Business generally. Except as provided otherwise in this chapter, any person
5.04.290 Solicitors. required to pay a business license tax for transacting and
5.04.300 Amusement centers. carrying any business under this chapter shall not be relieved
5.04.310 Amusements generally. from the payment of such business license tax, i
5.04.320 Apartment houses and apartment notwithstanding that such business is not in compliance with
complexes. zoning, health, safety and other regulations of this code or
5.04.330 Seasonal lot sales. other regulatory provisions of law. Compliance with the
5.04.340 Concerts, circuses and performances. provisions of this chapter shall not constitute evidence that
5.04.350 Lumberyard, building material yard, such business is in compliance with any other such
junkyard-Plant nurseries. regulation or provision of law. (Ord. 1612, § 1 (part),
5.04.360 Coin-operated devices (persons engaged in 1992)
the business of renting, leasing or
operating the same).
2021 S-81 3
5.04.030 Cupertino - Business Licenses and Regulations 4
5.04.030 Definitions. 5.04.050 Interpretations by the Collector.
For purposes of this chapter,unless it is plainly evident For the purpose of this chapter, certain words and
from the context that different meaning is intended, certain phrases are defined and certain provisions shall be construed
terms and phrases used herein are defined as follows: as herein set forth, unless it is apparent from their context
A. "Applicant"means a person who is in the process that a different meaning is intended. Interpretations,
of applying for a business license which is yet to be issued. meanings and decisions shall be those of the Collector,
B. "Business" includes professions, trades and subject only to rights of appeal to the City Council as
occupations,and all and every kind of calling whether or not afforded by this chapter. (Ord. 1612, § 1 (part), 1992)
carried on for gain or profit, but shall not include the
services rendered by an employee for his employer. 5.04.060 City Council-Powers and duties.
C. "Business license" means the officially signed All powers and duties inherent to a City Council of a
form issued as evidence of the City's having granted general law city rest with the City Council. Such powers
permission to exercise the privilege of engaging in a and duties include but are not limited to the hearing of
particular business, as defined herein, subject to the appeals from persons aggrieved by any decision of the
conditions hereinafter set forth. Collector, the establishment of equitable tax rates for the
D. "Business license tax" means the revenue raised various businesses and activities,and the amendment of this
or to be raised from the issuance of a business license chapter by due process of law. (Ord. 1612, § 1 (part),
pursuant to this chapter. "Business license tax" shall be 1992)
deemed synonymous with the term"privilege tax,"and shall
not supplant any other tax, levy or fee imposed or which 5.04.070 Collector-Powers and Duties.
may be imposed by the City. There is conferred upon the Collector those powers and
E. "City"means the City of Cupertino, a municipal duties necessary for the administration of this chapter. In
corporation of the State of California, in its present addition, there is also conferred upon the Collector the
incorporated form or as in any later reorganized, authority and power to designate such City officers and
consolidated, enlarged or reincorporated form. employees as may be required to carry out the intent and
F. "City Council"means the duly elected members purposes of this chapter, and to promulgate and adopt rules
of the City Council of the City of Cupertino. and regulations not inconsistent with the provisions
G. "Collector"means the City Manager, who shall contained herein. (Ord. 1612, § 1 (part), 1992)
have the power and duties of administering and enforcing
this chapter, and shall also mean any and all officers and 5.04.080 License-Required.
employees of the City duly designated by the City Manager There is imposed upon all businesses conducted within
as his deputies for purposes of administering and enforcing the City,excepting those as may be exempted under Section
this chapter. 5.04.110 of this chapter, a business license tax in an amount
H. "Licensee" means that person who makes hereinafter prescribed. It is unlawful for any person to
application for a business license which is subsequently transact or carry on business within the City without first
approved and in whose name the business license is issued. having procured a business license from the City and paying
I. "Person" means any individual, firm, the tax hereinafter prescribed or without complying with any
partnership,joint venture,association,social club,fraternal and all applicable provisions of this chapter. This section
organization,joint stock company,corporation,estate,trust shall not be construed to require any person to pay a
business trust, receiver, trustee, syndicate, or any other business license tax prior to doing business within the City
group or combination acting as a unit, foreign or domestic. if such requirement conflicts with applicable statutes of the
J. "Sworn statement" means an affidavit sworn to United States or of the State of California. No license shall
before a person authorized to take oaths, or a declaration or be issued hereunder until all applicable regulations and
certification made under penalty of perjury. (Ord. 1612,§1 ordinances of the City have been complied with. (Ord.
(part), 1992) 1612, § 1 (part), 1992)
5.04.040 Terminology. 5.04.090 Evidence of Doing Business.
The various businesses,trades,professions,industries When any person,by the use of signs,circulars,cards,
occupations, callings and activities herein provided to be a telephone book,newspapers,radio,television or handouts
licensed shall be defined in accordance with the meanings advertises or represents that s/he is in business in the City,
and connotations generally given them by those engaged in or when any person holds an active license or permit issued
such activities and as recognized generally by the public. by any governmental agency indicating that s/he is in r
(Ord. 1612, § 1 (part), 1992) business in the City,or when any person makes a sale,takes
an order, renders a commercial service, or performs any
i
I�
f
7 Business License Generally 5.04.250
Collector. The interest shall not be compounded, but shall under this chapter for a period not to exceed thirty days,and
be on principle only. may waive any penalty that would otherwise have accrued.
B. Penalties. All taxes imposed by this chapter shall (Ord. 1612, § 1 (part), 1992)
be subject to the following penalties:
1. Delinquency. Any person who fails to pay any 5.04.280 Imposition of Tax—Business Generally.
tax, or any fraction thereof required to be paid by this Every person engaged in a business not specifically
chapter within the time required, shall pay a penalty of mentioned or classified in this chapter, within the City of
twenty percent per month of the amount of unpaid tax. Such Cupertino, shall pay a business license tax in accordance
penalty shall not exceed one hundred percent of the tax for with the following schedule:
any calendar year for each year that the tax is unpaid. This A. A basic tax of seventy-five dollars per year;
penalty shall accrue on the first day of each calendar month B. In addition, each such person shall pay a fee as
for which the tax remains unpaid. follows:
2. Fraud. If the Collector, after notice to the
applicant or licensee and hearing, determines that the
nonpayment of any tax due under this chapter is due to Square Feet Rate per Square Foot
fraud, a penalty of ninety percent of the amount of the 0-5,000 .0200
unpaid tax shall be added thereto, in addition to any other
penalties set forth in this section. Where after notice and 5,001-25,000 .0175
hearing to the applicant or licensee,the Collector determines
that a corporate officer, director or shareholder is 25,001-75,000 .0150
responsible for the fraud resulting in the nonpayment of the 75,001-100,000 .0125
tax of a corporation, the Collector may designate the tax,
interest and penalties unpaid,including the penalty provided 100,001-150,000 .0100
for in this subsection due to such fraud, as a personal debt
of the officer, director or shareholder. 150,001 and above .0025
3. Merger of Interest and Penalties. Such interest as
is accrued, and every penalty imposed under the provisions This amount shall increase annually from 1992 based
of this section, shall become a part of the tax required to be on the indexing formula in Section 5.04.460 of this code.
paid under this chapter. For purposes of this section, "floor area" means the
4. Penalties on Principle. All penalties imposed total floor space in terms of square footage occupied by an
hereunder shall be calculated on principle only,and shall not owner, lessee or tenant in a building, less fifteen percent.
be compounded. (Ord. 1612, § 1 (part), 1992) This adjustment allows for elevator shafts,stairwells,courts
or atria (uncovered and open to the sky), and rooms
5.04.260 Sworn Statements Required by Chapter exclusively housing building operating equipment. (Ord.
Not Conclusive—Information Confidential. 1886,(part),2001;Ord. 1822, (part), 1999;Ord. 1612, § 1
No statements set forth in any sworn statement (part), 1992)
required or permitted by this chapter shall be conclusive as
to the matters set forth therein, nor shall the filing of the 5.04.290 Solicitors.
statement preclude the City from collecting by appropriate Every solicitor, as defined in Chapter 5.20 of this
action such sum as is actually due and payable under this code,shall pay a business license tax of seventy-five dollars.
chapter. Such statements and each of the several items This amount shall increase annually from 1992 based on the
therein contained shall be subject to review and verification indexing formula in Section 5.04.460 of this code. (Ord.
by the Collector. Information furnished or secured pursuant 21-2220, § 1 (part), 2021; Ord. 1886, (part), 2001; Ord.
to such statements which relate to the amount of tax to be 1612, § 1 (part), 1992)
assessed against the applicant or licensee shall be
confidential and shall not be made available to the public. 5.04.300 Amusement Centers.
(Ord. 1612, § 1 (part), 1992) As used herein, the term "amusement center" means
any place to which the public is admitted or invited, where
5.04.270 Extension of Time for Filing Sworn eight or more coin-or token-operated amusement machines
Statement.
The Collector may, for good cause shown, extend the
time for filing any sworn statement required or permitted
2021 5-81
5.04.300 Cupertino -Business Licenses and Regulations 8
are maintained, operated or available for operation. Every of one hundred fifty dollars and twenty-five dollars per day
person operating an amusement center shall pay a business thereafter. This amount shall increase annually from 1992
license tax of one hundred fifty dollars, and five dollars per based on the indexing formula in Section 5.04.460 of this
machine per year. This amount shall increase annually from code. (Ord. 1886, (part), 2001; Ord. 1612, § 1 (part),
1992 based on the indexing formula in Section 5.04.460 of 1992)
this code. (Ord. 1886, (part), 2001; Ord. 1612, § 1 (part),
1992) 5.04.350 Lumberyard, Building Material Yard,
Junkyard—Plant Nurseries.
5.04.310 Amusements Generally. Every person owning or operating a business engaged
Every person operating a business where admission, in the sale of lumber,building material,secondhand building
fares, or a fee is charged or made, or a collection or material,junkyard,or outdoor yard of similar character, or
contribution is received (and which are not otherwise wholesale or retail nursery, shall pay a business license tax
provided for in this chapter) for entrance to amusements, in accordance with the following schedule:
such as exhibitions,shows,games,rides,tent performances, A. A basic tax of seventy-five dollars per year.
ball games, dart games, illusions and other amusements or B. In addition each person shall pay a fee of five
concessions similar in character to those, or any of those dollars per year per acre of space owned, leased or rented
herein before named shall pay a business license tax of for the purposes set forth above.
seventy-five dollars per day. This amount shall increase C. This amount shall increase annually from 1992
annually from 1992 based on the indexing formula in Section based on the indexing formula in Section 5.04.460 of this
5.04.460 of this code. (Ord. 1886,(part),2001;Ord. 1612, code. (Ord. 1886, (part), 2001; Ord. 1612, § 1 (part),
§ 1 (part), 1992) 1992)
5.04320 Apartment Houses and Apartment 5.04.360 Coin-operated Device(Persons Engaged
Complexes. in the Business of Renting, Leasing or
A. For purposes of this section, apartment house Operating the Same).
complex means two or more individual buildings containing Every person engaged in the business of renting,
dwelling units located upon the same property, or on leasing or operating coin-operated vending machines, shall
contiguous property under the same ownership. pay a business license tax of seventy-five dollars per year,
B. Every person owning apartment houses, or and five dollars for each machine. This amount shall
apartment house complexes, shall pay a business license tax increase annually from 1992 based on the indexing formula
of one hundred dollars per year for up to the first four in Section 5.04.460 of this code. (Ord. 1886, (part), 2001;
dwelling units, and seven dollars per year for each Ord. 1612, § ! (part), 1992)
additional dwelling unit; provided, however, that the
dwelling units used in computing the obligation to pay the 5.04.370 Contractors.
business license tax shall be dwelling units rented or leased, Every person engaged within the City of Cupertino in
and the dwelling units held for rent or lease shall not include the business of contracting as a general building contractor,
a dwelling unit occupied by the owner. This amount shall electrical contractor, plumbing contractor, lathing and
increase annually from 1992 based on the indexing formula plastering contractor,subcontractor,or specialty contractor,
in Section 5.04.460 of this code. (Ord. 1886, (part),2001; as those terms are defined by state law, shall pay a business
Ord. 1612, § 1 (part), 1992) license tax of seventy-five dollars per year. This amount
shall increase annually from 1992 based on the indexing
5.04.330 Seasonal Lot Sales. formula in Section 5.04.460 of this code. (Ord. 1886,
Every person engaged in the business of seasonal lot (part), 2001; Ord. 1612, § 1 (part), 1992)
sales shall pay a business license tax of one hundred fifty
dollars per year. This amount shall increase annually from 5.04.380 Home Occupations.
1992 based on the indexing formula in Section 5.04.460 of Every person engaged in a home occupation,as defined
this code. (Ord. 1886, (part), 2001; Ord. 1612, § 1 (part), by the zoning ordinance of the City, shall pay a business
1992) license tax of seventy-five dollars per year. This amount
shall increase annually from 1992 based on the indexing
5.04.340 Concerts, Circuses and Performances. formula in Section 5.04.460 of this code. (Ord. 1886,
Every person operating a concert, circus or other (part), 2001; Ord. 1612, § 1 (part), 1992)
performance shall pay a business license tax for the first day
9 Business License Generally 5.04.390
5.04.390 Hotels, Motels, Auto Courts, and amount shall increase annually from 1992 based on the
Lodginghouses. indexing formula in Section 5.04.460 of this code. (Ord.
Every person engaged in the business of operating a 1886, (part), 2001; Ord. 1612, § 1 (part), 1992)
hotel, motel, or lodginghouse, shall pay a business license
tax of seventy-five dollars per year, plus five dollars per 5.04.450 Small-Income Businesses.
year for each room. This amount shall increase annually Upon filing of an application for a small-income
from 1992 based on the indexing formula in Section business license and an affidavit stating,among other things,
5.04.460 of this code. (Ord. 1886, (part),2001;Ord. 1612, that the gross dollar volume of contemplated business would
§ 1 (part), 1992) be greater than one thousand dollars but less than five i
thousand dollars; and upon the Collector's finding and
5.04.400 Sidewalk Vendor. determination that the representations are true and correct,
Every sidewalk vendor within the City, as defined in the Collector may order the issuance of a small-income
Chapter 5.48 of this code,shall pay a business license tax of business license that shall be for the current calendar year
one hundred fifty dollars per year. This amount shall and shall be issued upon a payment of twenty-five dollars.
increase annually from 1992 based on the indexing formula This amount shall increase annually from 1992 based on the
in Section 5.04.460 of this code. (Ord. 21-2220, § 1 (part), indexing formula in Section 5.04.460 of this code. (Ord.
2021;Ord. 1886, (part),2001;Ord. 1612, § 1 (part), 1992) 1886, (part), 2001; Ord. 1612, § 1 (part), 1992)
5.04.410 Rest, Convalescent, Guest and Family Care 5.04.460 Indexing.
Homes. Every tax imposed by this chapter shall be
Unless otherwise exempted by state or federal law, automatically increased each year by a percentage which
every person operating a rest, convalescent or guest home, shall be equal to the percentage increase of the consumer
or child care service, shall pay a business license tax of one price index as shall be reflected in the most recent report of
hundred fifty dollars per year. This amount shall increase consumer prices for the San Francisco/Bay Area Standard
annually from 1992 based on the indexing formula in Section Metropolitan Statistical Area using 1992 as the base year.
5.04.460 of this code. (Ord. 1886,(part),2001;Ord. 1612, The annual rate increase shall be calculated by dividing the
§ 1 (part), 1992) consumer price index for October of each current year by
the base year with the resulting figure representing the
5.04.420 Private Schools. percentage increase for the tax due the following January.
Every person operating a private school shall pay a The formula shall be as follows:
business license tax of one hundred fifty dollars per year.
This amount shall increase annually from 1992 based on the A divided by B times C equals D
indexing formula in Section 5.04.460 of this code. (Ord.
1886, (part), 2001; Ord. 1612, § 1 (part), 1992) A = current year CPI; B = base year CPI;
C = base year tax rate; D = current year tax rate
5.04.430 Taxicabs or Automobiles for Hire. (Ord. 1801, § 1, 1998: Ord. 1612, § 1 (part), 1992)
Every person engaged in the business of providing
taxicabs or automobiles for hire shall pay a business license 5.04.470 Reclassification—Collector Authority.
tax of seventy-five dollars, per year for each vehicle A. In any case where a licensee or an applicant for
operated within the City limits. This amount shall increase a license believes that his/her individual business is not
annually from 1992 based on the indexing formula in Section assigned to the proper classification because of
5.04.460 of this code. (Ord. 1886,(part),2001;Ord. 1612, circumstances peculiar to it, as distinguished from other
§ 1 (part), 1992) businesses of the same kind,s/he may apply to the Collector
for reclassification. Such application shall contain such
5.04.440 Theaters and Shows. information as the Collector may deem necessary and
Every person engaged in the business of operating a require in order to determine whether the applicant's
theater,motion picture show,playhouse,event,and all other individual business is properly classified. The Collector
shows or exhibitions(except those conducted in the open or shall then conduct an investigation following which s/he
under canvas) not otherwise provided for in this chapter shall assign the applicant's individual business to the
shall pay a business license tax of one hundred fifty dollars classification shown to be proper on the basis of such i
per year plus two dollars per year per seat. This investigation. The proper classification is that classification
which, in the opinion of the Collector, most nearly fits the
applicant's individual business.
2021 S-81
5.04.470 Cupertino- Business Licenses and Regulations 10
B. Any resulting reclassification shall not be
retroactive, but shall apply to the time of the next regularly
ensuing calculation off the applicant's tax or fee. No
business shall be classified more than once in one year. Any
determination by the Collector under this section is subject
only to rights of appeal to the City Council as afforded by
this chapter. (Ord. 1612, § 1 (part), 1992)
5.04.480 Appeal Procedure.
A. Any person, applicant, or licensee may appeal
any decision of the Collector under this chapter to the City
Council. Any person so aggrieved may appeal by filing a
written notice of appeal with the City Clerk within fourteen
days from the date the Collector issues his/her decision in
writing.
B. An appeal not filed within such time shall be
barred. The appeal shall state the grounds thereof.
C. Upon receipt of an appeal, a date for hearing
before City Council shall be set and will be held within
thirty days from the date of filing of the appeal.
D. The City Clerk shall give notice to such person
who files an appeal of the time and place of hearing by
serving it personally or by depositing it in the United States
Post Office at Cupertino, California, postage prepaid,
addressed to such person at her/his last known address.
E. The City Council shall have authority to
determine all questions raised on appeal;provided,however,
that no such determination shall conflict with any substantive
provision of the chapter. (Ord. 1612, § 1 (part), 1992)
5.04.490 Effect of Business License Code.
Neither the adoption of this chapter nor its superseding
of any portion of any other ordinance of the City shall in any
manner be construed as authorizing the conduct nor
continuance of any illegal or unlawful business, or any
business in violation of any ordinance of the City. (Ord.
1612, § 1 (part), 1992)
5.04.500 Violation—Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction, and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1612,
§ 1 (part), 1992)
5.04.510 Remedies Cumulative.
All remedies prescribed hereunder shall be cumulative,
and the use of one or more remedies by the City shall not
bar the use of any other remedy for the purpose of enforcing
the provisions hereof. (Ord. 1612, § 1 (part), 1992)
5.20.010
CHAPTER 5.20: SOLICITORS
Section
5.20.010 Definitions. 5.20.015 Exemption.
5.20.015 Exemption. The provisions of this chapter shall not apply to:
5.20.020 Solicitor's identification permit-Required A. Any person soliciting on behalf of any religious,
application. charitable, educational, or political organization or to any
5.20.030 Solicitor's identification person who is exempt from the provisions of this chapter by
permit-Prerequisite for business license. virtue of the Constitution or statutes of the United States of
5.20.040 Solicitor's identification permit-Issuance. America or of the state.
5.20.050 Solicitor's identification B. Any persons operating in accordance with Section
permit-Denial-Appeal. 5.48, Sidewalk Vendors,provided they do not come within
5.20.060 Solicitor's identification the definition of solicitor. Any persons operating as both a
permit-Revocation-Grounds. sidewalk vendor and a solicitor must satisfy the requirements
5.20.070 Solicitor's identification for both. (Ord. 21-2220, § 1 (part), 2021; Ord. 1505, § 1
permit-Revocation-Appeal. (part), 1989;Ord. 1472, 1988;Ord. 810, (part), 1977;Ord.
5.20.080 Vehicle regulations. 516, § 11, 1971)
5.20.090 Prohibited times.
5.20.100 Administrative authority. 5.20.020 Solicitor's Identification Permit-Required
5.20.110 Identification permits-Nontransferable. Application.
5.20.120 Commercial and noncommercial A. No person shall act as a solicitor, as defined by
identification permits-Possession this chapter, within the City, without an identification
required-Display. permit, as hereinafter provided.
5.20.130 Violation-Penalty, B. In addition to any information required by the
5.20.140 Posted premises. City for the issuance of a business license for the conduct of
the business or occupation of a solicitor as defined by this
chapter, and for which a business license is required by the
5.20.010 Definitions. business licensing code, the applicant for a business license
For the purposes of this chapter the following words shall first submit an application for an identification permit
and phrases shall have the meanings respectively ascribed to to the City Manager. The permit shall only be issued by the
them by this section: City Manager after an investigation is made by him, and in
"Solicitor"means any person,including salesman and making the investigation the City Manager shall be furnished
vendor,who engages in the business of going from house to by the applicant with the following information and records:
house,place of business to place of business, or to any one 1. Name,date of birth and description of applicant;
house or to any one place of business, within the City, not 2. Address, legal and local (if any);
at the request or invitation of the occupant thereof,to sell or 3. A brief description of the nature of the business,
take orders for, or offering to sell or take orders for, and the goods, wares, merchandise and services to be sold
immediate or future delivery of,goods,wares,merchandise, or furnished;
services, or other things of value, to persons other than 4. If employed, the name and address of the
manufacturers, wholesalers, jobbers, or retailers in such employer, together with credentials establishing the exact
commodities or services. Sidewalk vendors operating as relationship;
i
described in Chapter 5.48 do not come within the definition 5. The length of time applicant wishes to do business
of solicitor provided they operate solely on a public sidewalk within the City;
or other pedestrian path, not on private property. (Ord. 6. If a vehicle is to be used, a description of the
21-2220, § 1(part),2021;Ord. 1505, § 1(part), 1989;Ord. same, together with license number or other means of
( 516, § 1, 1971) identification;
2021 S-81 13
5.20.020 Cupertino-Business Licenses and Regulations 14
7. Two recent photographs of the applicant, which taken by filing with the City Council, within ten days after
show the head and shoulders of the applicant in a clear and notice of the action complained of has been mailed to the
distinguishing manner; applicant's last known address,or to the applicant's address
8. Fingerprints of the applicant to be taken by the as appearing on his application, a written statement setting
Sheriff's Department of the County or a designated agency; forth fully the grounds of appeal. The City Council shall set
and a time and place for a hearing of such appeal and notice
9. A statement as to whether or not the applicant has shall be given to the appellant by mail, postage prepaid, to
been convicted of a crime, felony or misdemeanor, the his address, as aforesaid, at least five days prior to the date
nature of the offense and the punishment or penalty assessed set for a hearing. The disposition and order of the City
therefor. (Ord. 1505, § 1 (part), 1989; Ord. 516, § 2, Council shall be final and conclusive. (Ord. 1505, § 1
1971) (part), 1989; Ord. 516, § 5, 1971)
5.20.030 Solicitor's Identification Permit-Prerequisite 5.20.060 Solicitor's Identification Permit-Revocation
for Business License. -Grounds.
The information required by Section 5.20.020 shall be Identification permits issued under the provisions of
furnished to the City Manager in conjunction with the this chapter may be revoked by the City Manager for any of
application for a business license for the occupation of a the following reasons:
solicitor of goods or services. The furnishing of such A. Fraud - misrepresentation or false statements
information and the investigation by the City Manager shall contained in the application for the permit;
be necessary conditions precedent to the granting of such a B. Fraud-misrepresentation or false statement made
permit or business license. (Ord. 1505, § 1 (part), 1989; in the course of carrying on the business of peddling or
Ord. 516, § 3, 1971) soliciting;
C. Conviction of any crime or misdemeanor
5.20.040 Solicitor's Identification Permit-Issuance. involving moral turpitude;
The City Manager, upon being advised of the D. Conducting the business of peddling or soliciting
application of an applicant for a business license for the of goods or services in an unlawful manner, or in such a
occupation of a solicitor of goods or services in the City, manner as to constitute a breach of the peace and to
and upon being furnished with the information and records constitute a menace to the health,safety or morals or general
required by the provisions of this chapter shall investigate welfare of the public; and
the applicant. If, as a result of the investigation, the E. Any violation of this chapter or of the business
character and business responsibility of the applicant are license provisions of any other ordinances of the City.
found to be satisfactory, the City Manager shall grant an (Ord. 1505, § 1 (part), 1989; Ord. 516, §9, 1971)
identification permit in favor of the applicant for the
carrying on of the business or occupation of a solicitor of 5.20.070 Solicitor's Identification Permit-Revocation
goods or services in the City,which permit shall be valid for -Appeal.
a period of ninety days only, and subject to the revocation Upon revocation of any identification permit issued
provisions of this chapter. (Ord. 1505, § 1 (part), 1989; under the provisions of this chapter, the City Manager shall
Ord. 516, § 4, 1971) make written findings and reasons for revocation and
transmit them to the permittee, whose identification permit
5.20.050 Solicitor's Identification Permit-denial- has been revoked, and a copy thereof to the City Clerk.
appeal. Revocation of an identification permit automatically revokes
If, as a result of the investigation as provided by this the business license to which the permit applies. The
chapter, the applicant's character or business responsibility permittee whose identification permit has been revoked shall
is found to be unsatisfactory, the City Manager shall make have the right of appeal to the City Council in the same
written findings and reasons for disapproval and shall notify manner and conformity with the same procedure as set forth
the applicant that his application is disapproved and that no in Section 5.20.050. (Ord. 1505, § 1 (part), 1989; Ord.
identification permit or business license will be issued. 516, § 10, 1971)
Upon the disapproval of the application, as a result of the
findings of the City Manager, any person aggrieved by the 5.20.080 Vehicle Regulations.
action of the City Manager, and the denial of the application A. It is unlawful for any solicitor, delivering or
for an identification permit and a business license,shall have offering for sale, any goods, wares, merchandise or other
the right to appeal to the City Council. Such appeal shall be products from any vehicle or conveyance within or upon any }'
public street to:
2021 S-81
15 Solicitors 5.20.080
f 1. Permit any vehicle, or other conveyance from 5.20.110 Identification Permits—Nontransferable.
which the solicitor is soliciting to remain standing or No identification permit issued under the provisions of
stopped, for soliciting purposes, at any place on any public this chapter shall be transferable and the same, as issued,
street in the City for a period of time exceeding five shall be personal to the person to whom issued. (Ord. 1505,
minutes, except that the provisions of this subsection Al § 1 (part), 1989; Ord. 516, § 6, 1971)
shall not apply to the sale of foodstuffs to employees of
industrial establishments at or adjacent to such 5.20.120 Commercial and Noncommercial Identification
establishments, or to workmen or employees at any Permits—Possession Required—Display.
construction job site, if the foodstuffs so sold to such Any identification permit issued under the provisions
persons at such places are so sold to such employees or of this chapter shall be kept in the possession and on the
workmen for immediate consumption at such places; person of the solicitor to whom it is issued, and upon
2. Make any stop, for the purpose of making any demand of the City Manager, a member of the Sheriff's
sale upon any public street or other public place within five Department or a citizen to whom they are soliciting,must be
hundred feet measured along the traveled way of any public produced for examination. (Ord. 1505, § 1 (part), 1989;
street or streets, of any school property; or Ord. 516, § 8, 1971)
3. Make any stop, for the purpose of selling any
product, within five hundred feet, measured along the 5.20.130 Violation—Penalty.
traveled way of any public street or streets, of any Any person violating any of the provisions of this
commercial establishment which sells such products at chapter or knowingly or intentionally misrepresenting to any
retail, except that the provisions of this subsection A3 shall officer or employee of the City any material fact in
not apply to the sale of foodstuffs to employees of industrial procuring the permit herein provided for shall be deemed
establishments at or adjacent to such establishments, or to guilty of an infraction, and upon conviction thereof shall be
the workmen or employees at any construction job site, if punishable as provided in Chapter 1.12. (Ord. 1505, § 1
the foodstuffs so sold to such employees at any construction (part), 1989;Ord. 810, (part), 1977;Ord. 516, § 14, 1971)
job site, if the foodstuffs so sold to such employees or j
1 workmen are for immediate consumption at such places. 5.20.140 Posted Premises.
B. It is unlawful for any solicitor to sell any goods, No person shall solicit or attempt to solicit at any
wares, merchandise or other products from any vehicle or residential premises where the occupant has posted a sign
conveyance within or upon any public street except from or clearly and obviously visible from an access way used by the
at the side of such vehicle or other conveyance which is solicitor which states, in letters at least three-fourths inch in
nearest to the curb of such street. (Ord. 1505, § 1 (part), height on a contrasting background, "No Soliciting
1989; Ord. 516, § 12, 1971) Allowed" or words to that effect. (Ord. 1505, § 1 (part),
1989; Ord. 810, (part), 1977)
5.20.090 Prohibited Times.
No person shall act as a solicitor as defined by this
chapter, within residential areas of the City, between the
hours of six p.m. and nine a.m. of the following day. (Ord.
1505, § 1 (part), 1989; Ord. 1437, 1988; Ord. 810, (part),
1977)
5.20.100 Administrative Authority.
There is conferred upon the City Manager those
powers and duties necessary for the administration of this
chapter. In addition, there is also conferred upon the City
Manager the authority and power to designate such City
officers and employees as may be required to carry out the
intent and purpose of this chapter. (Ord. 1505, § 1 (part),
1989; Ord. 516, § 13, 1971)
2021 S-81
Cupertino -Business Licenses and Regulations 16
5.48.010
CHAPTER 5.48: SIDEWALK VENDORS
Section
5.48.010 Purpose. b. "Stationary sidewalk vendor" means a sidewalk
5.48.020 Definitions. vendor who vends from a fixed location for a defined period
5.48.030 Applicability and exceptions. of time during the day and removes their mobile vending
5.48.040 Registration process. facility from that location on a daily basis. (Ord. 21-2220,
5.48.050 Prohibited locations. § 1 (part), 2021)
5.48.060 General regulations.
5.48.070 Revocation of registration. 5.48.030 Applicability and Exceptions.
5.48.080 Code enforcement and penalties. A. No person shall place,maintain,conduct,park or
allow to stand or remain any sidewalk vending facility used
for displaying, selling or offering for sale food or goods
5.48.010 Purpose. within the City limits without first registering in the City's
The purpose of this chapter is to set forth specific Mobile Vendor Registry on an annual calendar year basis,
regulations to govern the vending of various food and goods pursuant to Section 5.48.040, except that the regulations in
from locations which are not permanent. It is recognized this chapter shall not apply to the exceptions identified in
that such transient operations may have negative impacts subsection B. below. Any registered sidewalk vending
which the city desires to minimize through a registration facility operating in compliance with this code is not
process. (Ord. 21-2220, § 1 (part), 2021; Ord. 1733, considered an encroachment pursuant to Chapter 14.08 of
(part), 1996) the Municipal Code.
B. The registration requirements in subsection A
5.48.020 Definitions. above do not apply to:
For the purpose of this chapter, the following 1. Persons engaged in delivering food or goods to or
definitions shall be used in the interpretation and from any store, fixed place of business or residence upon
construction of this chapter, unless it is apparent from the order of or by agreement with a customer of a store or other
context that a different meaning is intended. fixed place of business, provided they do not come within
"Sidewalk vending facility" means a non-motorized the definition of sidewalk vendor;
conveyance used by a sidewalk vendor.A sidewalk vending 2. Any persons operating in accordance with Section
facility shall not include any authorized outdoor display 5.20 Solicitors, provided they do not come within the
associated with an immediately adjacent brick-and-mortar definition of sidewalk vendor.Any persons operating as both
business. A sidewalk vending facility offering food for sale a sidewalk vendor and a solicitor must satisfy the
is a food establishment and must additionally comply with requirements for both;
the requirements of Chapter 9.04. 3. Persons engaged in the sale of food or goods as
"Sidewalk vendor" means a person who sells food or part of Outdoor Sales and Promotional Events, including
goods, but not services, from either a non-motorized special events or festivals, regulated by the Outdoor Sales
conveyance, including but not limited to a pushcart, stand, and Promotional Events Policy. (Ord. 21-2220, § 1 (part),
display, pedal-driven cart, wagon, showcase, or rack, or 2021; Ord. 1733, (part), 1996)
from one's person, upon a public sidewalk or other
pedestrian path. 5.48.040 Registration Process.
a. "Roaming sidewalk vendor" means a sidewalk A. Process: Registration shall be on forms provided
vendor who moves from place to place and stops only to by the City Manager or his or her designee,accompanied by
complete a transaction. a valid Cupertino business license and a registration fee
established by the City Council, and include the following:
i
29
2021 5-81
5.48.040 Cupertino-Business Licenses and Regulations 30
1. The name and address of the applicant, and a. The registration is complete with all required
additionally, if the applicant is an agent, the name and information and the proposed business complies with all
address of the principal, who will operate the sidewalk requirements of this chapter and other applicable
vending facility; requirements of the Cupertino Municipal Code; and
2. A copy of the applicant's,and,additionally,if the b. The sidewalk vending activity will not unduly
applicant is an agent, the principal's, California driver's interfere with traffic or pedestrian movement,interfere with
license or identification number, an individual taxpayer or endanger the public peace, be a public nuisance, or
identification number, or a social security number. Such otherwise be detrimental to the health, safety, and general
information shall not be available to the public for welfare of the public; and
inspection,is confidential, and shall not be disclosed except c. The sidewalk vending facility and activities
as required to administer the registration or comply with a comply with applicable health and sanitation requirements;
state law or state or federal court order; and
3. A certificate of insurance with policy limits set by d. The sidewalk vending activity will not cause a
the City Manager,naming the City as an additional insured, violation of the American with Disabilities Act of 1990
and stating the insurer's name, policy terms and principal (Public Law 101-336) or other disability access standards;
amounts (combined single limit) of a policy of insurance and
against general liability,bodily injury,and property damage e. The sidewalk vendor has not had four(4)or more
arising from the permitted activity. The City shall provide violations of the Cupertino Municipal Code within the last
all insurance forms. Each such policy shall be amendable twelve(12)months from registration submittal related to any
only upon thirty days' advance written notice to the city; sidewalk vending facility or activity.
4. A description of the proposed business — f. As used in this subsection D,the term"violation"
including but not limited to a description of the food and/or shall mean any violation of the Cupertino Municipal Code,
goods being provided, type of vendor, hours of operation, as evidenced by a City-issued citation,unresolved notice of
days of the week, routes of operation, and the location of violation, unresolved cease-and-desist order, or other
stationary vending facilities, if applicable; appropriate documentation. Each unique violation of the
5. Plans indicating the size of the sidewalk vending Cupertino Municipal Code shall constitute one(1)violation.
facility. If deemed appropriate by the City Manager or his 2. The City Manager or his or her designee may
or her designee, photographs with dimensions may be attach such additional conditions to the registration as may
accepted, in lieu thereof; be needed to fulfill the intent of this section. (Ord.21-2220,
6. A copy of a valid California Department of Tax § 1 (part), 2021; Ord. 1733, (part), 1996)
and Fee Administration seller's permit, as required;
7. A copy of all required permits/approvals from the 5.48.050 Prohibited Locations.
Santa Clara County Public Health Department, if selling No sidewalk vendor shall place, maintain, conduct,
food; park or allow to stand or remain any sidewalk vending
8. An agreement to indemnify the City from any facility, in any of the following places within the city:
damage or harm on a form provided by the City; and A. In any natural, dirt, sand, or grass area, or any
9. Such additional information as may be required programmed space for recreation, such as sports courts, tot
by the City Manager or his or her designee to ensure that the lots, and amphitheaters, within any City park;
sidewalk vendor is operating in compliance with the B. In or upon any street (curb to curb) or center
requirements of the Cupertino Municipal Code. median strip, excluding sidewalks;
B. Fee: The sidewalk vendor shall pay an annual C. Upon any sidewalk within ten feet of any "no
registration fee prescribed by City Council resolution, no parking"zone designated pursuant to the provisions of Title
part of which shall be returnable to the registrant. 11, during the times when such parking prohibition is in
C. Term of Registration: Registration shall be on a effect;
calendar-year basis and must be renewed annually. D. Within fifteen feet of any fire hydrant or public
Registration is non-transferable. safety alarm box, or within any one hundred foot corner
D. Registration: triangles at any intersection pursuant to Public Works
1. The sidewalk vendor shall be registered in the Standard Details 7-4 or any driveway clearance triangle
Mobile Vendor Registry within thirty days of receiving a pursuant to Public Works Standard Details 7-6;
registration request, if it is determined that:
2021 S-81
31 Sidewalk Vendors 5.48.050
E. Within twenty five feet of any public transit bus I. Within five hundred feet of a permitted certified
stop sign or any valet loading zone, taxicab stand, or other farmers'market or a permitted swap meet during the limited
designated loading zone,to ensure open pedestrian pathways operating hours of that certified farmers' market or swap
and adequate room for persons to enter and exit loading meet;
vehicles; J. Within five hundred feet of an area designated for
F. On any sidewalk separated from the street by a temporary special event permit for the duration of the
landscaping, unless reasonable precautions are taken to temporary special event permit, provided that any notice
protect such landscaping from damage or destruction by provided to affected businesses or property owners under
sidewalk vending customers; such special event permit is also provided to sidewalk
G. Within twenty feet of another sidewalk vendor; vendors specifically permitted to operate in the area. (Ord.
H. Within five hundred feet of a public or private 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)
school. This prohibition applies during school hours(when
classes are in session) and one hour before and after such 5.48.060 General Regulations.
school hours.For purposes of this prohibition,distance will A. Table 5.48.060A below indicates the operation
be measured along the pedestrian path or sidewalk to the regulations for sidewalk vendors:
school property line;
TABLE 5.48.060A: Operation Regulations for Sidewalk Vendors
Allowed Locations Allowed Hours
1. Stationary a. All sidewalks except in exclusively 7 AM- 11 PM
residential zones and pursuant to standards
provided in table 5.48.06013.
b. All parks except if the park has an Parks - Open hours for park
exclusive concessions contract with another
parry and pursuant to standards in Table
5.48.060B.
2. Roaming a. All sidewalks pursuant to standards • Exclusively residential zones-9 AM-
provided in Table 5.48.060B. See 8 PM;
subsection b. for sidewalks in parks. • All other zones except exclusively
residential zones and parks -7 AM -
11 PM;
and
• Total duration at any location limited to the
duration required to complete a transaction,
up to a maximum of 15 minutes.
b. All parks, regardless of whether the park • Open hours for park
has an exclusive concessions contract with and
another parry, and pursuant to the standards • Total duration at any location limited to the
in Table 5.48.060B. duration required to complete a transaction,
up to a maximum of 15 minutes.
B. The following table 5.48.060B indicates the standards that must be adhered to by all sidewalk vending facilities and
vendors:
[Table 5.48.060B appears on the next page]
{
2021 S-81
5.48.060 Cupertino - Business Licenses and Regulations 32
TABLE 5.48.060B: Standards for Sidewalk Vendors
1. Size Vending area: Maximum nine feet in length and nine feet in width, subject to compliance with
section 5.48.060(B)(9), to accommodate any allowed appurtenances, as follows:
a. Vending facility: Maximum eight feet in length and five feet in width and height.
b. Umbrella or canopy: Maximum one; open on four sides, not to exceed eight feet in height
measured from grade.
2. Direct retail Sidewalk vending facilities that operate solely for cooking (e.g. mobile kitchens) or production of
sales only goods and services, do not vend or offer direct on-site sales, and rely solely on delivery are not
allowed.
3. Signage No sidewalk vending facility shall display any sign, flag, banner, whether attached or on a separate
structure, except such signs as may be painted on the sides thereof.
4. Waste a. Sidewalk vendors shall provide at least one trash receptacle.
b. All litter associated with the sidewalk vending facility shall be removed promptly by the
vendor at the end of service or the end of the day.
C. Sidewalk vendors shall comply with the requirements of Chapter 6.24 related to mandatory
organic waste recycling.
d. Sidewalk vendors shall comply with the requirements of Chapter 9.18 related to stormwater
pollution prevention and the unlawful discharge of waste in such a manner as to constitute a
threatened discharge into storm drains, gutters, or watercourses.
e. No sidewalk vendor shall use any publicly available trash receptacles to empty trash from the
sidewalk vending facility.
5. Noise No sidewalk vendor may use any device which produces loud sounds to attract public attention
including loudspeakers, horns,bells, musical instruments, voice amplification or shouting and shall
comply with the requirements of Chapter 10.48.
6. Smoke Sidewalk vendors shall ensure compliance with requirements of Chapter 10.90 related to smoking
in Outdoor Dining Areas as defined.
7. Single use Sidewalk vendors shall comply with the requirements of Chapter 9.17.
plastic bags
8. Food service a. Sidewalk vendors shall comply with the requirements of Chapter 9.15 for all food service
ware ware.
b. Sidewalk vendors are not permitted to sell or dispense items of food or drink in glass
containers which would be carried away by the customer after purchase.
9. Obstruction of a. Sidewalk vendors shall not impair the free flow of traffic on the sidewalk. At least one-half
traffic ('/z) of the sidewalk width, but no less than four(4) feet, shall be kept unobstructed at all
times.
No lines,banners, ties, or any part of a sidewalk vending facility shall be connected to a
public or private structure.
10. Condition of a. Each sidewalk vendor shall maintain a clean selling area. Each vending area must be cleared
facilities and of all merchandise, stands, carts, or other items which belong to, or are used by, the vendor
vicinity when not in use by the vendor.
b. All sidewalk vending facilities must be removed daily during non-operating hours.
(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)
2021 S-81
32A Sidewalk Vendors 5.48.070
5.48.070 Revocation of Registration. 2. The matter shall be scheduled for hearing before
A. The City Manager, or his or her designee, may an independent hearing officer selected by the City Manager
revoke the sidewalk vendor's registration after notice and or his or her designee no more than thirty(30)calendar days
hearing, as provided for in this subsection for the following from the receipt of the appeal.
reasons: 3. The appellant shall be served with notice of the
1. That the registration was obtained by time and place of hearing,as well as any relevant materials,
misrepresentation, false statement or fraud; at least seven calendar days prior to the hearing.
2. That the sidewalk vending activity is being 4. The hearing may be continued from time to time
conducted in violation of local or state law; upon mutual consent. At the time of the hearing, the
3. That the sidewalk vendor has violated the appealing party and the City Manager or his or her designee
regulations of this Chapter four (4) times within the may present such relevant evidence as he or she may have
preceding twelve(12)months; or relating to the determination from which the appeal is taken.
4. That the sidewalk vending activity has caused or 5. Based upon the submission of such evidence and
is causing a serious threat to human health or public safety. the review of the City's files, the hearing officer shall issue
As used in this subsection (A), the term "violation" a written notice and order upholding,modifying or reversing
shall mean any violation of the Cupertino Municipal Code, the determination from which the appeal is taken.The notice
as evidenced by a City-issued citation,unresolved notice of shall be given within a reasonable time after the conclusion
violation, unresolved cease-and-desist order, or other of the hearing and shall state the reasons for the decision.
appropriate documentation. Each unique violation of the The notice shall be mailed to the sidewalk vendor, and if
Cupertino Municipal Code shall constitute one(1)violation. said vendor is an agent, the notice shall additionally be
B. Process: In any case where substantial evidence mailed to the principal. The notice shall specify that the
indicates that the conditions in Section 5.08.070A exist, decision is final and subject only to judicial review in
revocation proceedings shall occur as follows: accordance with law.
1. The City Manager, or his or her designee, may D. Upon receiving notice of final action by the City
issue either a notice of pending revocation or a notice of in revoking the registration, the registration holder shall
suspension pending revocation, the latter of which shall immediately cease operations within the City.
require immediate suspension of all sidewalk vending E. Notwithstanding the above, if the City Manager
activity pending a final determination regarding revocation. or his or her designee finds that any sidewalk vending
Any notice of suspension shall explain why the sidewalk facility, whether conforming with this chapter or not, is an
vending activity presents an immediate, serious threat to immediate peril or menace to the public, or to any person,
human health or public safety. The notice shall detail the the City Manager or his or her designee may order the
grounds for potential revocation of the registration and allow owner to immediately cease operations and remove the
thirty calendar (30) days for submission of a written facility. (Ord.21-2220, §1(part),2021;Ord. 1733,(part),
statement and/or supporting documentation disputing such 1996)
grounds.
2. The determination on the revocation by the City 5.48.080 Code Enforcement and Penalties.
Manager, or his or her designee, shall be made not more Any person who violates the provisions of this chapter
than thirty calendar(30)days after the deadline for submittal shall be punished as provided in Chapter 1.12, except as
of documentation provided on the notice.The determination limited by Govt. Code Section 51039. (Ord. 21-2220, § 1
shall be mailed to the sidewalk vendor. (part), 2021; Ord. 1733, (part), 1996)
3. All notices and determinations of the City
Manager, or his or her designee, shall be mailed to the
sidewalk vendor.
4. The City Manager, or his or her designee, is
authorized to issue administrative guidelines to further
define procedures for making revocation determinations.
C. Appeals: If after such hearing the registration is
revoked, the sidewalk vendor shall have the right to appeal
the decision as follows:
1. The appellant must file a notice of appeal with the
City Clerk within fourteen(14)calendar days of the date of
the revocation decision.
2021 S-81
Cupertino-Business Licenses and Regulations 32B
7 Parks 13.04.150
{ signal all turns, pass to the left of any vehicle they are or vehicle for the sale or display of any article or thing, on j
overtaking and pass to the right of any vehicles they may be a public street, within five hundred feet in a straight line
meeting; from the nearest boundary of any park. (Ord. 21-2220, § 1
J. Ride any other person on a bicycle,except where (part),2021;Ord. 1886,(part),2001;Ord.531,§18, 1972)
the bicycle is built for operation by more than one person;
K. Leave a bicycle in a place other than a bicycle 13.04.190 Closing Hours—Prohibitions.
rack where a bicycle rack is provided and there is space No person in a park shall do any of the following,
available; except as authorized by the Director for the purpose of
L. Leave a bicycle lying on the ground or paving,or official City programming:
set against trees, or in any place or position where other A. Remain,stay or loiter in any public park,between
persons may trip over or be injured by it. (Ord. 2014, the hours of ten p.m. and six a.m. of the following day, or l
2008; Ord. 531, § 15, 1972) as may otherwise be designated by minute order or
resolution of the City Council. The opening and closing
13.04.160 Swimming Restrictions. hours for each individual park shall be posted therein by the
No person in a park shall swim, bathe, wade in or department of parks and recreation for public information;
pollute the water of any fountain, pond, lake or stream, B. Set up tents or other temporary shelter for the
except that wading and swimming shall be permitted in pools purpose of overnight camping,nor shall any person park or
specifically provided for these purposes, and so posted. leave in a park, after closing hours, any vehicle or movable
(Ord. 531, § 16, 1972) structure to be used, or that could be used, for such
purposes, such as a horse trailer, camp trailer, pickup
13.04.170 Picnic Area Use Restrictions. camper, or the like;
No person in a park shall do any of the following: C. Park or leave in a park, after closing hours, any
A. Picnic or lunch in a place other than one vehicle. Signs shall be posted at all park entrances to notify
designated for that purpose. Attendants shall have the park visitors of the effects of paragraph C of this section.
authority to regulate the activities in such areas, when (Ord. 20-2214, 2020; Ord. 754, § 1, 1976; Ord. 670, § 1,
necessary to prevent congestion and to secure the maximum 1974; Ord. 531, § 19, 1972)
use of the park facilities for the comfort and convenience of
all. Visitors shall comply with any directions given to 13.04.191 Towing of Vehicles Remaining after
achieve this end. Individual fireplaces or tables and benches Closing Hours.
shall be used on the basis of"first come, first served"; Any vehicle or movable structure left in a park after
B. Use any portion of the picnic areas,or any of the closing hours may be towed away to a public garage at the
park buildings or structures for the purpose of holding owner's expense. Signs shall be posted at all park entrances
picnics, to the exclusion of other persons, and no person to notify park visitors of the effects of this section. (Ord.
shall use such area and facilities for an unreasonable length 752, § 1, 1976)
of time if they are crowded;
C. Leave a picnic area before a fire started or later 13.04.200 Closing Sections of Parks.
used by him is completely extinguished. (Ord. 531, Any section or part of a park may be declared closed
§ 17,1972) to the public by the Director of parks and recreation at any
time, and for any interval of time, either temporarily or at
13.04.180 Advertising and Sale Restrictions. regular and stated intervals (daily or otherwise), and either
A. Unless in compliance with Chapter 5.48, no entirely or merely to certain uses, as the Director may j
person in a park shall, without prior permission from the reasonably find necessary. (Ord. 531, § 20, 1972)
City Council, do any of the following:
1. Expose or offer for sale any article or thing, nor 13.04.201 Nature and/or Rural Preserve.
shall he station or place any stand, cart or vehicle for the A. Any park characterized by such unique natural
I
transportation, sale or display of any such article or thing; features that it is deemed a valuable and irreplaceable
2. Announce,advertise or call the public attention in resource may be designated by the City Council either by
any way to any article or service for sale or hire; ordinance or resolution as a nature and/or rural preserve, in
3. Paste, glue, tack or otherwise post any sign, which event it shall be used and treated in a manner
placard, advertisement or inscription. consistent therewith.
B. In addition, in order to insure the public safety, B. Uses shall be limited to those which will maintain
health and general welfare, unless in compliance with and protect the ecology of the area, conserve the natural
Chapter 5.48, no person shall expose or offer for sale any features and scenic values, expand community awareness
article or thing,nor shall he station or place any stand, cart and understanding of natural history and the environment,
2021 5-81
13.04.201 Cupertino - Parks 8
and provide enjoyment of the resources present consistent
with their preservation.
C. McClellan Ranch Park is designated a nature and
rural preserve. (Ord. 710, (part), 1975)
13.04.202 Regulations and Guidelines.
The City Council shall by resolution adopt regulations
controlling the use and guidelines pertaining to the
development of any part designated as a nature and/or rural
preserve. Any such regulations adopted by the City Council
shall, where inconsistent therewith, take precedence over
any general regulations contained in Chapter 13.04. (Ord.
710, (part), 1975)
13.04.210 Lost Articles.
The finding of lost articles in parks shall be reported to
the department of parks and recreation or the park
department personnel on duty. (Ord. 531, § 21, 1972)
13.04.220 Administrative Authority.
There is conferred upon the City Manager those
powers and duties necessary for the administration of this
chapter. In addition, there is also conferred upon the City
Manager the authority and power to designate such City
officers and employees as may be required to carry out the
intent and purpose of this chapter. (Ord. 531, § 22, 1972)
13.04.230 Enforcement Authority.
The parks foreman,all park attendants and/or all peace
officers authorized or directed by the City shall be
responsible for the enforcement of the provisions of the
chapter and of any rule promulgated hereunder. (Ord. 531,
§ 23, 1972)
13.04.240 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1179,
§2(part), 1982; Ord. 531, §25, 1972)
r
r
2013 5-38
l
TITLE 17: ENVIRONMENTAL REGULATIONS
Chapter
17.08. Evaluation of Transportation Impacts Under the California
Environmental Quality Act
1
2021 5-81
Cupertino -Environmental Regulations 2
17.08.010
CHAPTER 17.08: EVALUATION OF TRANSPORTATION E%APACTS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section
17.08.010 Definitions. 17.08.020 Purpose.
17.08.020 Purpose. As a result of California Senate Bill(SB) 743 (2013),
17.08.030 Applicability of regulations. the City of Cupertino has implemented the use of Vehicle
17.08.040 Vehicle miles traveled(VMT) Miles Traveled (VMT) in environmental review of new
standards. land-use development projects, transportation projects, and j
other projects pursuant to the California Environmental 11I
Quality Act and the State CEQA Guidelines (together,
17.08.010 Definitions. CEQA. This section contains standards relating to the use
The following words and phrases when used in this of VMT in Cupertino for evaluating transportation impacts.
chapter shall have the meanings set forth in this section: (Ord. 21-2223, § 1 (part), 2021)
A. As used in this Chapter, "CEQA" means the
California Environmental Quality Act, Public Resources 17.08.030 Applicability of Regulations.
Code section 21000 et seq.,and the State CEQA Guidelines, A. This chapter applies to all land-use development
California Code of Regulations, Title 14, Section 15000 et projects, transportation projects, and other projects subject
seq. to review by the California Environmental Quality Act
B. Vehicle Miles Travelled or"VMT"refers to the (CEQA).
distance a vehicle travels regardless of the number of B. Some projects may be screened out from more
occupants of the vehicle. Vehicle miles traveled is the daily detailed VMT analysis based on a project's location,
VMT of all vehicle trips, vehicle types, and trip purposes characteristics, or a combination of both. A project relying
for all project land uses. An adjustment to the VMT should on the following screening must be consistent with
be made to include the full length of trips that leave the applicable General Plan policies and supported by substantial
travel forecasting model area to fully capture interregional evidence demonstrating cumulative VMT is declining.
travel. Project screening may be used for projects that meet one or
C. Total Boundary VMT refers to VMT that occurs more of the following criteria:
within a selected geographic boundary(e.g.,city,county or 1. A project located within one-quarter mile of a
region) by any type of vehicle. Total Boundary VMT High-Quality Transit Corridor or transit stop as defined by
captures all on-road travel occurring on a roadway network CEQA;
for any purpose and includes local trips as well as trips that 2. Local-serving retail of 50,000 square feet or less;
pass through the area without stopping. 3. Land-use projects consisting of 100% affordable
D. Service Population refers to population plus housing. (Ord. 21-2223, § 1 (part), 2021)
employment and may include students or visitors. Service
population is intended to include all independent variables 17.08.040 Vehicle Miles Traveled(VMT)
used in estimating trips. Standards.
E. High Quality Transit Corridor means an area A. The VMT significance thresholds for land use
within 1/4 mile walking distance from fined-route transit projects and plans compared to baseline conditions are:
service with service intervals no longer than 15 minutes 1. Project Impact:A significant impact would occur
during peak commute hours. (Ord. 21-2223, § 1 (part), if the total project generated VMT per service population for
2021) the project would exceed a level of 14.4% below the
citywide baseline VMT rate.
3
2021 S-81
17.08.040 Cupertino -Environmental Regulations 4
2. Project Effect: A significant impact would occur
if the project increases total (boundary) countywide VMT
compared to baseline conditions.
B. The VMT significance thresholds for land use and
transportation projects and plans under cumulative
conditions are:
1. Project Effect: A significant impact would occur
if the project increases total (boundary) countywide VMT
compared to cumulative no project conditions.
2. All land use and transportation projects: A
significant impact would occur if the project is inconsistent
with the Regional Transportation Plan/Sustainable
Community Strategy Plan(Plan Bay Area).
C. The VMT significance thresholds for
transportation projects are:
1. Baseline Transportation Thresholds:A significant
impact would occur if a project causes a net increase in total
(boundary)citywide VMT compared to baseline conditions
or opening year no project conditions.
2. Cumulative Transportation Thresholds: A
significant impact would occur if a project causes a net
increase in total (boundary) citywide VMT compared to
cumulative no project conditions. (Ord.21-2223,§1(part),
2021)
2021 5-81
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 §§ 1.04.010 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,
I
§ 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, 1
outdoor dining operations pursuant to a regarding solid waste collection(6.24)
special temporary outdoor dining permit 21-2220 Amends Ch. 5.48 in full (title and J
(Not Codified) §§5.48.010 through 5.48.080),
20-2205 Amends § 2.20.010, recordkeeping sidewalk vendors; amends §§5.04.290,
duties-closed sessions(2.20) 5.04.400, 5.20.010, 5.20.015, and
20-2207 An urgency ordinance authorizing 13.04.180, regarding solicitors and
outdoor dining operations pursuant to a sidewalk vendors (5.04, 5.20, 5.48,
special temporary outdoor dining permit 13.04)
(Not Codified) 21-2222 Adds Ch. 2.100, §§ 2.100.010 through
20-2208 Amends §2.88.100, duties-powers- 2.100.180, regulation of lobbying
responsibilities (2.88) activities (2.100) J
20-2209 Adopts §2.20.120, electronic filing of 21-2223 Adds Title 17, environmental
campaign statements (2.20) regulations, and Ch. 17.08,
20-2210 Amends § 11.24.150, parking §§ 17.08.010 through 17.08.040,
prohibited along certain streets (11.24) evaluation of transportation impacts
20-2211 Urgency ordinance temporarily waiving under CEQA (17.08)
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-81
Cupertino - Comprehensive Ordinance List 48
I
INDEX
I
--A-- ADVERTISEMENT
Commercial advertising
ABANDONED VEHICLE distribution
See VEHICLE prohibited when 10.52.080
requirements 10.52.070
ADMINISTRATIVE CITATIONS, FINES, AND license required, permit prerequisite
PENALTIES 10.52.060
Administrative citation 1.10.030 Distribution
Administrative citation appeal hearing 1.10.120 commercial advertising
Administrative citation fines 1.10.070 See Commercial advertising
Administrative citation-issuance 1.10.050 permit
Administrative penalties imposed by application, denial, appeal 10.52.040
Council 1.10.150 required 10.52.030
Administrative penalty hearing before the City revocation 10.52.050
Council 1.10.140 Newspaper distribution method 10.52.020
Advance deposit hardship waiver 1.10.100 Throwing, littering unlawful when 10.52.010
Appeal of an administrative citation 1.10.090 Violation, penalty 10.52.090
Applicability 1.10.010
Definitions 1.10.020 AFFORDABLE HOUSING
Failure to timely appeal administrative See also HOUSING COMMITTEE
citation 1.10.110 Effect of provisions 2.86.130
Hardship waiver for administrative citation Policies, strategies, projects, scope, authority
fines 1.10.080 2.86.100
Hearing Officer's decision on administrative
citation 1.10.130 ALARM
Notices 1.10.170 Automatic telephone connection prohibited
Payment of fine and penalty amounts 1.10.160 10.26.050
Recording notice of violation 1.10.060 Definitions 10.26.020
Right to judicial review of Hearing Officer or City Equipment and installation requirements
Council's decision 1.10.180 10.26.160
Service of administrative citation 1.10.040 Exemptions 10.26.060
False alarm
ADMINISTRATIVE SERVICES DEPARTMENT charge
See DEPARTMENTAL ORGANIZATION assessment notice 10.26.100
collection 10.26.140
ADULT USE OF MARIJUANA imposition, amount 10.26.090
Commercial marijuana activities 10.84.030
Definitions 10.84.020
Enforcement, remedies and declaration of public
nuisance 10.84.050
Possession, delivery, distribution, and indoor
cultivation of marijuana 10.84.040
Purpose 10.84.010
3
2021 5-81
Cupertino- Index 4
hearing Dog
failure to request, effect 10.26.130 See also Dog, cat
procedure 10.26.120 dangerous
request 10.26.110 See also Dangerous
investigation, report requirements registration required 8.03.040
10.26.070 keeping of 8.03.035
notification procedure 10.26.080 restraint required, exception 8.03.010
willful conduct, city reimbursement Dog, cat
10.26.150 license
Purpose of provisions 10.26.010 fee 8.03.060
Requirements 10.26.040 issuance 8.03.070
Violation, penalty 10.26.170 period 8.03.090
presentation on request 8.03.110
ALCOHOLIC BEVERAGE recordkeeping 8.03.100
See LIQUOR required 8.03.050
tag, wearing required when 8.03.080
AMUSEMENT CENTER maximum allowed,spaying requirements,
Business license litter limit 8.03.020
See also BUSINESS LICENSE sale
fee 5.04.300 See Sale
vaccination
ANIMAL recordkeeping requirements
Abandoned 8.01.080 8.03.120
Abuse 8.01.120 required, penalty 8.03.030
Adoption 8.02.100 violation,penalty 8.03.130
Animal control officer Hearing
authority 8.01.100 after seizure 8.02.050
inspection 8.01.110 appeal 8.02.080
At large before seizure 8.02.070
prohibited 8.01.030 failure to appeal 8.02.090
seizure, limitations 8.01.040 Horse
Beekeeping barns, shelters, pens
apiary location requirements 8.11.040
definitions 8.07.020 structural requirements 8.11.050
enforcement 8.07.050 event, amateur
location of 8.07.030 generally 8.11.020
maintenance of 8.07.030 restrictions 8.11.060
nuisance 8.07.040 land area requirements 8.11.030
number of 8.07.030 permit
registration of 8.07.030 See also permit application
Bite, quarantine,violation, examination 8.01.050 appeal 8.11.130
In City buildings 8.01.090 contents 8.11.110
Dangerous issuance 8.11.100
permit modification, revocation 8.11.120
denial 8.06.020 permit application
period, fee 8.06.030 contents 8.11.070
required 8.06.010 health officer review 8.11.080
violation,penalty 8.06.040 notice 8.11.090
Dead, disposal 8.01.070 pet, kept as 8.11.010
Definitions 8.01.010 violation, penalty 8.11.140
Diseased, seizure 8.01.060
2018 S-64
11 Index
EMPLOYEE, CITY Notice 3.25.040
See also Specific Employee Officer designated, powers, duties
Communication with public generally 3.25.020
See COMMUNICATION WITH CITY Open market, when 3.25.070
See OFFICIALS System adopted 3.25.010
General personnel policies To officer, employee of city, restrictions 3.25.090
See PERSONNEL Transfer to charity, public agency 3.25.100
EMPLOYEES' RETIREMENT SYSTEM EXCAVATION, GRADING, RETAINING WALLS
See PERSONNEL Appeals 16.08.265
Bond requirements 16.08.150
ENERGY CODE Civil engineer grading supervision 16.08.230
Adoption of 2019 California Energy Code Definitions 16.08.020
16.54.010 Engineering geological reports 16.08.120
Definition and rules of construction 16.54.110 Fees 16.08.160
Local amendments 16.54.040 Grading
Scope 16.54.100 See also Specific Type or Phase
emergency permit issuance 16.08.185
ENCROACHMENTS supervision 16.08.230
See STREETS AND SIDEWALKS Inspections 16.08.250
Interim plan 16.08.110
ENGINEER, CITY Limitations of provisions 16.08.040
Encroachment permit issuance 14.08.050 Modifications 16.08.240
Preliminary soil report approval 16.12.050 Permit
Truck route signing 11.32.020 application contents 16.08.080
approval conditions 16.08.190
p ENVIRONMENTAL PROTECTION denial 16.08.180
CEQA guidelines adopted 2.84.090 design standards 16.08.200
emergencies 16.08.185
ENVIRONMENTAL REGULATIONS exemptions
Evaluation of transportation impacts categorical 16.08.070
See TRANSPORTATION IMPACT generally 16.08.060
issuance conditions 16.08.170
ENVIRONMENTAL REVIEW COMMITTEE limitations, conditions 16.08.210
Appeals 2.84.100 permittee responsibility 16.08.220
Chairperson 2.84.030 revocation 16.08.280
City powers not restricted 2.84.120 suspension 16.08.270
Compensation, expense reimbursement 2.84.050 Permittee responsibility 16.08.220
Environmental assessment fee 2.84.110 Purpose of provisions 16.08.010
Established, composition 2.84.010 Scope 16.08.050
Meetings Severability 16.08.030
majority vote 2.84.060 Site map, grading plan required 16.08.100
quorum 2.84.040 Soils engineering reports 16.08.130
Office, term 2.84.020 Title of chapter 16.08.000
Powers, duties 2.84.080 Violation
Record of proceedings 2.84.070 penalties designated 16.08.290
remedies deemed cumulative 16.08.300
EQUIPMENT, SURPLUS, SALE Work
Auction completion notice, report 16.08.260
bidding, payment 3.25.060 schedule required 16.08.140
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
2021 5-81
Cupertino -Index 12
EXPLOSIVES Officers 2.80.040
Disposal 6.24.100 Powers, duties generally 2.80.080
Permit Records 2.80.070
issuance 10.20.020
required, application 10.20.010 FIRE
Storage 10.20.030 See FIRE CODE
Violation, penalty 10.20.040 See SMOKING
__F_- FIRE CHIEF
Bingo license applicant investigation 5.32.220
FALSE ALARM
See ALARM FIRE CODE
Administration 16.40.020
FAMILY CARE HOME Adoption of 2019 California Fire Code and 2018
Business license International Fire Code 16.40.010
See also BUSINESS LICENSE Adoption of Appendix Chapters 16.40.015
fee 5.04.410 Building services and systems 16.40.100
Construction requirements for existing buildings
FENCE 16.40.160
See ZONING Decorative vegetation in new and existing
buildings 16.40.120
FINANCE Definitions 16.40.040
See PURCHASING Explosives and fireworks 16.40.240
Fire protection and life safety systems
FINANCE DIRECTOR 16.40.140
Purchasing officer, designation, duties Fire safety during construction and demolition
See PURCHASING OFFICER 16.40.180
Storm drainage service charge Fire service features 16.40.080
bill correction authority 3.36.150 Flammable and combustible liquids 16.40.260
collection duties Flammable gases and cryogenic fluids 16.40.280
balance payments 3.36.090 General requirements 16.40.060
generally 3.36.080 Hazardous materials—general provisions 16.40.220
omitted charges 3.36.100 Highly toxic and toxic materials 16.40.300
premises inspection authority 3.36.190 Liquified petroleum gases 16.40.320
Pyrophoric materials 16.40.340
FINANCE OFFICER Toxic and highly toxic materials 16.40.300
Alarm systems Wildland-Urban Interface Fire Areas,
administration and enforcement 10.26.100 requirements for 16.40.200
appeals hearing 10.26.120
FIREARM
FINE ARTS ACTIVITIES Permit required 10.76.010
Regulations generally 2.80.080 Violation, penalty 10.76.020
FINE ARTS COMMISSION FIRE MARSHAL, COUNTY
Compensation, expenses 2.80.090 Weed abatement
Effect of provisions 2.80.100 assessment
Established, appointment, composition 2.80.010 collection authority 9.08.100
Meetings hearing, submittal of record 9.08.090
generally 2.80.050 notice distribution 9.08.080
quorum 2.80.050 recordkeeping duty 9.08.070
voting, requirements 2.80.060 duty 9.08.060
Members notice mailing 9.08.040
appointment, composition 2.80.010
terms of office 2.80.020
vacancy filling, removal procedures 2.80.030
2021 S-81
13 Index
FIREWORKS Cupertino garbage company
Definitions 10.24.010 See GARBAGE
Exceptions 10.24.030 Electricity
Prohibitions 10.24.020 definitions 6.08.010
Violation, penalty 10.24.080 designated 6.08.020
granting authority 6.08.070
FLOOD DAMAGE PREVENTION gross receipts
Abrogation and greater restrictions 16.52.014 percentage payment to city 6.08.050
Anchoring 16.52.041 total, report required 6.08.060
Appeal, variance maintenance requirements 6.08.030
Appeal Board 16.52.062 term 6.08.040
variance conditions 16.52.061 Garbage
Appeals, generally 16.52.030 See GARBAGE
Applicability of provisions 16.52.011 Gas
Basis for establishing the areas of special flood definitions 6.12.010
hazard 16.52.012 designated 6.12.020
Compliance 16.52.013 granting authority 6.12.070
Construction gross receipts
materials and methods 16.52.042 percentage payment to city 6.12.050
standards 16.52.040 total, report required 6.12.060
Definitions 16.52.010 maintenance requirements 6.12.030
Development permit 16.52.022 term 6.12.040
Elevation and floodproofng 16.52.043 Pacific Gas and Electric Company
Floodplain Administrator See Electricity
designation of 16.52.020 See Gas
duties and responsibilities of 16.52.021 San Jose waterworks
Floodway restrictions 16.52.055 designated 6.20.010
Interpretation 16.52.015 gross annual receipts, percentage payment to
Liability disclaimer 16.52.016 city 6.20.050
Manufactured homes, standards for 16.52.053 maintenance
Recreational vehicles, standards for 16.52.054 notice 6.20.020
Statutory authorization 16.52.001 required 6.20.030
Subdivisions and other proposed development, term 6.20.040
standards for 16.52.045 Solid waste
Utilities, standards for 16.52.044 See GARBAGE
Variances Water
Appeal Board 16.52.062 See California water service
conditions for 16.52.061 See San Jose waterworks
Warning and disclaimer of liability 16.52.016
FUND
FOOD ESTABLISHMENT Investment 2.24.050
See RESTAURANT Special gas tax street improvement
See SPECIAL GAS TAX STREET
FRANCHISE IMPROVEMENT FUND
Cable television
See CABLE AND VIDEO SERVICES
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
2021 5-81
Cupertino -Index 14
C
_- 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
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
16A Index
I HORSE --K--
See ANIMAL
KENNEL
HOTEL See ANIMAL
Business license tax rate 5.04.390
--L--
HOUSING ADVISORY, APPEALS BOARD
Created, appointment, powers, LAND DEVELOPMENT PLANNING
duties generally 16.56.020 See also ZONING
Specific plans
HOUSING CODE applicability 20.04.020
Adopted 16.56.010 contents 20.04.050
Appeals 16.56.020 fees 20.04.060
Violation, penalty 16.56.030 preparation, adoption, amendment,
repeal 20.04.030
HOUSING COMMISSION purpose 20.04.010
Chairperson, vice-chairperson, zoning district designation 20.04.040
selection, term 2.86.050
Compensation 2.86.070 LANDSCAPING
Effect of provisions 2.86.130 Applicability 14.15.020
Established, composition 2.86.010 Audit of existing landscapes larger than
Meetings one acre 14.15.150
See also Procedural rules Definitions 14.15.030
regulations generally 2.86.060 Graywater systems 14.15.100
voting, requirements 2.86.080 Intent 14.15.010
Members Irrigation schedule 14.15.110
See also Specific Subject Landscape and irrigation maintenance
selection, qualifications, residency 2.86.020 schedule 14.15.120
Power, duties, responsibilities generally 2.86.100 Landscape documentation package 14.15.050
Procedural rules 2.86.120 Landscape and irrigation installation
Records 2.86.090 report 14.15.130
Staff assistance 2.86.110 Landscape maintenance agreement 14.15.140
Terms of office 2.86.030 Local agency reporting 14.15.170
Vacancy, filling 2.86.040 Penalties 14.15.180
Prescriptive compliance option, 14.15.040
--I-- Public education 14.15.160
Recycled water 14.15.090
IMPROVEMENTS, STREET Soil analysis 14.15.080
See STREET IMPROVEMENT Water budget calculation 14.15.070
Water-efficient design element 14.15.060
INSPECTION
Purpose, 1.08.010 LIBRARY COMMISSION
Right of entry for inspection, 1.08.020 Compensation 2.68.050
Duties,powers, responsibilities 2.68.070
--J-- Effect 2.68.080
Established 2.68.010
JUNKYARD Meetings, quorum 2.68.040
Business license Records 2.68.060
See also BUSINESS LICENSE Terms of office 2.68.020
fee 5.04.350 Vacancy, removal 2.68.030
2021 S-81
Cupertino- Index 16B
17 Index
r`
LICENSE --M--
See also PERMIT
Bicycle 11.08.020 MANAGER, CITY
Bingo 5.32.190, 5.32.270 Abandoned, inoperative vehicle
Business enforcement 11.04.040
See BUSINESS LICENSE removal authority 11.04.061
Cat 8.08.350 storage notice 11.04.130
Commercial advertising 10.52.060 Animal control
Dog 8.08.260 administrative authority 8.01.040
seizure hearing 8.06.040
LIQUOR Approved street tree enforcement 14.16.080
Alcoholic beverages, gasoline concurrent sales Bicycle
appeals 19.132.070 enforcement 11.08.030
applicability of provisions 19.132.020 lanes designation 11.08.250
conditional use permit Bingo license
findings,basis 19.132.050 applicant investigation 5.32.210, 5.32.220
grant criteria 19.132.030 approval 5.32.240
hearing 19.132.040 denial 5.32.250
purpose of provisions 19.132.010 Bingo,provisions administration 5.32.170
restrictions generally 19.132.060 Clerk, city, appointment 2.20.100
Consumption, open container possession Commission meetings, attendance 2.28.060
prohibitions 10.49.010 Compensation, reimbursement 2.28.080
Violation, penalty 10.49.020 Created 2.28.010
Departmental organization authority 2.48.030
LOADING ZONES Director of emergency services 2.40.050
See PARKING Eligibility, bond 2.28.030 '
Garage, patio sale enforcement authority 5.16.060
LOBBYING ACTIVITIES, REGULATION OF Grocery store enforcement authority 5.36.060
Definitions 2.100.030 Park and/or building permit issuance 13.04.040
Enforcement 2.100.150 Parks administration 13.04.220
Exemptions 2.100.180 Pedestrian regulations administration 11.09.020
Gifts 2.100.140 Powers, duties 2.28.040
Injunction 2.100.160 Relations with council 2.28.050
Interpretation 2.100.020 Sales and use tax, alternate, collection 3.09.050
Lobbyist identification 2.100.120 Solicitor j
Practice restrictions 2.100.170 administrative authority 5.20.100
Prohibitions 2.100.130 identification permit
Purpose 2.100.010 application investigation 5.20.020
Quarterly reports 2.100.100 revocation, duties 5.20.070
Records retention 2.100.110 Street tree enforcement 14.12.040
Registration 2.100.040 Surplus sales officer duties 3.25.020
active status 2.100.070 Suspension, removal, resignation 2.28.090
annual registration renewal 2.100.050 Taxicab driver license suspension,
registration fees 2.100.080 revocation 5.28.180
required registration information 2.100.090 Temporary absence, replacement 2.28.070
Termination of lobbyist status 2.100.060 Traffic
speed limit signing 11.12.040
stop intersection signing 11.20.040
Water
department duties 15.12.090
provisions enforcement 15.12.050
{
2021 S-81
Cupertino- Index 18
MARIJUANA 19.98.010 MAYOR
Employees' retirement system execution 2.56.020
MARIJUANA, MEDICINAL AND ADULT USE OF
Commercial marijuana activities 10.84.030 MECHANICAL CODE
Definitions 10.84.020 Adoption of 2019 Mechanical Code based on the
Enforcement, remedies and declaration of public 2018 Uniform Mechanical Code 16.24.010
nuisance 10.84.050 Adoption of appendix chapters 16.24.015
Possession, delivery, distribution, and indoor Name insertion 16.24.020
cultivation of marijuana 10.84.040
Purpose 10.84.010 MEDICINAL MARIJUANA
Commercial marijuana activities 10.84.030
MASSAGE ESTABLISHMENTS, SERVICES Definitions 10.84.020
Conditions of premises 9.06.196 Enforcement, remedies and declaration of public
Definitions 9.06.020 nuisance 10.84.050
Exemptions from provisions 9.06.030 Possession, delivery, distribution, and indoor
Inspection of premises 9.06.230 cultivation of marijuana 10.84.040
License, permit Purpose 10.84.010
See also MTO certificate, Permit
application 9.06.050 MINIMUM WAGE
documentation 9.06.055 Application of minimum wage to welfare-to-work
fee 9.06.060 programs 3.37.110
grounds for denial 9.06.070 Authority 3.37.020
expiration and renewal 9.06.065 Definitions 3.37.030
required 9.06.040, 9.06.041 Enforcement 3.37.090
suspension or revocation Fees 3.37.120
appeals 9.06.220 Implementation 3.37.080
grounds 9.06.200 Minimum wage 3.37.040
hearing 9.06.210 Notice, posting and payroll records 3.37.060
notice 9.06.210 Relationship to other requirements 3.37.100
MTO certificate Retaliation prohibited 3.37.070
See also License, permit, Permit Title 3.37.010
required 09.06.041 Waiver through collective bargaining 3.37.050
Operating requirements 9.06.193
Permit MINOR
See also License, permit, MTO certificate See BINGO
massage establishment employees CURFEW
permit requirements 9.06.080
massage therapist MOBILE VENDORS
annual medical examination 9.06.160 See VENDORS, SIDEWALK
criteria 9.06.110
practical examination 9.06.120 MOSQUITOES
outcall massage Abatement
application 9.06.180 by city when 9.16.080
criteria 9.06.190 cost
Prohibited acts 9.06.198 See also Lien
Purpose of provisions 9.06.010 payment by owner 9.16.090
Sanitary conditions 9.06.196 notice
Violation contents 9.16.050
continuing 9.06.260 when 9.16.040
alternative remedies 9.06.260 Breeding places declared nuisance 9.16.020
penalty 9.06.250
public nuisance 9.06.240
F
2021 S-81
21 Index
See Private street private street
where 11.24.180 See Private street
Handicapped street cleaning, repair 11.24.230
marking 11.24.110 where 11.24.060, 11.24.150
off-street, regulations generally 11.24.190 Provisions effect limited 11.24.020
private street Sale of merchandise, prohibited where 11.28.050
See Private street Scope of provisions 11.24.010
Impoundment when, authority 11.24.200 Servicing or repair prohibited,
Loading zones exception 11.24.140
authority 11.24.080 Seventy-two hour limit 11.24.130
marking 11.24.090 Space marking 11.24.070
passenger, marking 11.24.100 Temporary permits 11.24.220
private street Time limits, where 11.24.170
See Private street Violation,penalty 11.24.210, 11.28.060
Parkway, prohibited on 11.24.120
Permit PARK AND RECREATION FACILITIES
application 11.27.100 ACQUISITION AND MAINTENANCE FUND
definitions 11.27.020 Created, purpose,use 14.05.100
description 11.27.030
display 11.27.080 PARK LAND DEDICATION FEE
i
established 11.27.010 Applicability 13.08.030
exceptions 11.27.090 Combination of park land dedication and
hours 11.27.130 fee 13.08.070
issuance Credit for existing dwelling units 13.08.090
designated groups 11.27.050 Credit for private recreation or open
guest 11.27.060 space 13.08.080
resident 11.27.050 Definitions 13.08.020
posting 11.27.040 Exceptions and credits 13.08.040 1
replacement 11.27.120 Fees in lieu of park land dedication 13.08.060
restriction 11.27.070 General procedures 13.08.110
revocation 11.27.140 Park land dedication 13.08.050
validity 11.27.110 Purpose 13.08.010 j
violation, penalty 11.27.150
zones designated 11.27.145 PARKS, CITY
Private street See also PARK AND RECREATION
curb markings, signs 11.26.040 COMMISSION
definitions 11.26.030 Acquisition, maintenance fees
diagonal 11.26.120 amount, determination 14.05.070
handicapped parking space 11.26.100 appeals 14.05.090
loading zone applicability of provisions 14.05.020
establishment authority 11.26.070 conformance requirements 14.05.120
marking 11.26.080 credits 14.05.050
passenger 11.26.090 definitions 14.05.010
parking space determination 14.05.060
See also handicapped parking exceptions 14.05.080
space marking 11.26.060 pending building permit, provisions not
prohibited where 11.26.110 applicable when 14.05.125
purpose of provisions 11.26.010 purpose, intent of provisions 14.05.030
removal of vehicle sign specification required when, requirements
11.26.140 generally 14.05.040
scope 11.26.020 review, purpose 14.05.110
sign obedience required 11.26.050 use, restrictions 14.05.100
( violation, penalty 11.26.130 Administrative authority 13.04.220
Prohibited Advertising, sale restrictions 13.04.180
certain hours, where 11.24.160 Behavior in, requirements 13.04.130
2020 S-75
Cupertino- Index 22
Closing hours PERMIT
prohibitions 13.04.190 See also BUSINESS LICENSE
vehicles towed when 13.04.191 Advertisement, handbill distribution 10.52.030
Compliance required 13.04.030 Alcoholic beverages, gasoline concurrent
Dedication sales 5.44.030
See SUBDIVISION Animal
Definitions 13.04.020 dangerous, vicious 8.08.085, 8.08.460
Enforcement authority 13.04.230 establishment 8.08.380
Lost article report 13.04.210 vicious 8.08.085, 8.08.460
Nature, rural preserve Encroachment 14.08.020
designation 13.04.201 Explosives 10.20.010
regulations generally 13.04.202 Firearm 10.76.010
Permit Grading 16.08.030
appeal 13.04.080 Moving buildings 16.36.020
application 13.04.050 Newsrack 10.21.080
contents 13.04.060 Off-street vehicle 11.10.011
fees, deposit 13.04.090 Parade 10.44.030
granting, denial 13.04.070 Park,building 13.04.140
liability 13.04.100 Parking
required 13.04.040 See PARKING
revocation 13.04.110 Private patrol 5.24.020
Picnic area, use restrictions 13.04.170 Restaurant, food establishment 9.04.020
Property, use restrictions 13.04.120 Sign 19.104.030
Purpose 13.04.010 Solicitor identification 5.20.030
Sanitation requirements 13.04.140 Streamside modification 9.19.030
Section closure when 13.04.200 Taxicab
Swimming restrictions 13.04.160 driver 5.28.160
Vehicle requirements 13.04.150 operation 5.28.060
Violation, penalty 13.04.240 Temporary parking 11.24.220
Trees
PATIO SALE prohibited acts 14.12.080
See GARAGE, PATIO SALE Watercourse, discharge into,
NPDES permit 9.18.080
PEDESTRIANS Water system connection 15.12.080
Administration 11.09.020
Adult school crossing guards PERSONNEL
obedience to, required 11.09.060 Accruals credits, retained 2.52.080
positioning 11.09.050 Authority
Defined 11.09.010 city manager 2.52.100
School zones—prohibited vehicles 11.32.055 council 2.52.090
Violation, penalty 11.09.090 Child care expense reimbursement, granted
specified officers 2.72.010
PENALTY AND CRIMINAL ENFORCEMENT City
Code violation 1.12.010 rights 2.52.310
Separate offense 1.12.020 Communication with
See COMMUNICATION WITH CITY
PERFORMANCE See OFFICIALS
Business license Council, rights, powers 2.52.350
See also BUSINESS LICENSE Definitions 2.52.290
fee 5.04.340 Employee organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
i
I
2021 S-81
24A Index
REFERENCED STANDARDS CODE Prima facie evidence 9.04.090
Adoption of 2019 California Referenced Rules, regulations 9.04.080
Standards Code 16.68.010 Smoking
See SMOKING
REFUSE Violation, penalty 9.04.130
See GARBAGE
REST HOME
RENTAL DISPUTE MEDIATION Business license
Appeal 2.78.080 See also BUSINESS LICENSE
Enforcement 2.78.090 fee 5.04.410
Purpose of provisions 2.78.010
Subpoena RETAINING WALL
application See EXCAVATION, GRADING, RETAINING
contents 2.78.050 WALLS
procedure 2.78.040
form, serving 2.78.060 RETIREMENT SYSTEM
issuance See PERSONNEL
authority 2.78.020
findings required 2.78.070 REVENUE
restrictions 2.78.030 See TAX
RESIDENTIAL CODE RIGHT OF ENTRY
Adoption of 2019 California Residential Code See INSPECTION
based on the 2018 International Residential
Code 16.06.010 ROLLER SKATES
Adoption of appendix chapters 16.06.015 Defined 11.08.014
Automatic fire sprinkler systems 16.06.040 Prohibited where 11.08.270
Chimneys and fireplaces- spark arrestors Violations, penalties 11.08.280
16.06.140
Emergency escape and rescue openings 16.06.020 -
Foundations 16.06.080
Materials and construction methods for SAFETY ASSESSMENT PLACARDS
exterior wildfire exposure 16.06.060 Application of provisions 16.80.020
Roof assemblies 16.06.120 Definitions 16.80.030
Wall construction 16.06.100 Intent 16.80.010
Placards 16.80.040
RESOLUTION
See also ORDINANCE SALE OF SURPLUS SUPPLIES, EQUIPMENT
Money payment, adoption 2.12.030 See EQUIPMENT, SURPLUS, SALE
Official forms 2.12.070
SALES AND USE TAX
RESTAURANT Administration, state contract 3.08.050
Definitions 9.04.010 Collection, enjoining prohibited 3.08.160
Food, unwholesome, destruction authority 9.04.100 Exemptions, exclusions 3.08.120
Meat Operative date 3.08.030
inspection required 9.04.110 Purpose 3.08.040
manufacturing requirements 9.04.120 Rate 3.08.020
Permit Sales
application, issuance 9.04.030 place, consummation 3.08.070
denial 9.04.050 tax, imposed 3.08.060
fee 9.04.040 Short title 3.08.010
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
2020 5-75
Cupertino- Index 24B
State code
additional permits not required 3.08.110
amendments, chapter applicability 3.08.150
limitations 3.08.100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation,penalty 3.08.170
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
SECONDHAND DEALER
Applicability of provisions 5.40.010
Definitions 5.40.020
Inspection authority 5.40.030
SEISMIC SAFETY
See TOXIC GASES
f
ti
2021 5-81
25 Index
SEWER Enforcement 5.08.070
See also SUBDIVISION Purpose 5.08.010
See also WATER Regulations for hosting platforms 5.08.060
See also WATER POLLUTION Revocation 5.08.050
See also PREVENTION Short-term rental activity 5.08.030
Abandoned system 15.20.140 Short-term rental registration-Process and
Appeals, generally 15.20.190 term 5.08.040
Applicability of provisions 15.20.010
Alteration, permit required 15.20.070 SIDEWALK
Building permit issuance requirements 15.20.100 See STREETS AND SIDEWALKS
Definitions 15.20.020
Enforcement authority designated 15.20.170 SIDEWALK VENDORS
Failing system,correction responsibilities 15.20.130 See VENDORS, SIDEWALK
Installation, construction, alteration inspections
15.20.110 SIGN
state contractor's license required 15.20.090 abandoned or discontinued signs 19.104.320
Liability disclaimer 15.20.160 appeals 19.104.070
New construction, permit required 15.20.060 applicability of regulations 19.104.020
Nuisance declarations 15.20.120 beverage container recycling signs 19.104.180
Permit required changeable copy signs 19.104.180
alterations 15.20.070 construction and maintenance specifications
new construction 15.20.060 19.104.090
septic tanks 15.20.080 decorative statuary 19.104.180
Private system requirements 15.20.040 electronic readerboard signs 19.104.180
Purpose of provisions 15.20.010 enforcement of provisions 19.104.300
Sanitary sewer, public, required, exceptions Example of How to Figure Size and Location of
15.20.030 Ground Signs, Ch. 19.104, Appendix A j
Septic tank requirements 15.20.080 Examples of Well Proportioned Signs; Examples of
Soil tests 15.20.050 Signs Not Well Proportioned, Ch. 19.104,
State contractor's license required when 15.20.090 Appendix C
Violations exception; findings 19.104.290
designated 15.20.180 freeway orientation 19.104.200
recording notice 15.20.150 gasoline station signs 19.104.170
ground signs 19.104.160
SHEEP illegal signs
See ANIMAL authority to remove in public right-of-way j
or on public property 19.104.340
SHERIFF court action authorized 19.104.370
Bingo deemed public nuisance 19.104.370
inspection 5.32.180 private property 19.104.330
license applicant investigation 5.32.210 public property 19.340.340
staff change investigation 5.32.260 responsible party for costs and fees
Private patrol 19.104.360
identification card issuance 5.24.130 storage, reclamation and disposal of
permit application approval 5.24.040 19.104.360
uniform, equipment approval, inspection summary removal authorized 19.104.350
5.24.120 illumination restrictions 19.104.230
inspection requirements 19.104.060
SHOPPING CENTER landmark signs 19.104.210; Ch. 19.104,
See also TRESPASSING Appendix B
Free speech activity restrictions 10.56.040 message substitution 19.104.205
neon signs, exposed&visible 19.104.180
SHORT-TERM RENTAL ACTIVITY nonconforming signs 19.104.310
Administrative regulations and standards 5.08.080 obstructions prohibited 19.104.080
Definitions 5.08.020 penalty 19.104.380
2021 S-81
Cupertino -Index 26
permanent SMOKING; REGULATION OF
blade signs&logos, symbols or insignias See also TOBACCO PRODUCTS;
19.104.150 REGULATING THE SALE OF
design criteria 19.104.220 Definitions 10.90.010
wall signs 19.104.140 Other requirements and prohibitions 10.90.030
window signs 19.104.150 Posting of signs 10.90.040
permit required 19.104.030 Smoking prohibited 10.90.020
private property, illegal signs 19.104.330 Violation-penalty 10.90.050
prohibited signs 19.104.110
purpose and intent 19.104.010 SOCIAL HOST RESPONSIBILITY
responsible party for costs and fees 19.104.360 Definitions 10.05.010
sign program; applicability, requirements Penalties 10.05.030
and findings 19.104.130 Remedies cumulative 10.05.040
sign permit application; review criteria 19.104.050 Unlawful 10.05.020
application requirements 19.104.040
signs exempt from permit requirements 19.104.100 SODA FOUNTAIN
signs in and near residential districts 19.104.190 See RESTAURANT
signs in special planning districts 19.104.120
storage of removed signs 19.104.360 SOILS REPORT
summary removal authorized 19.104.350 See BUILDING
temporary SUBDIVISION
flags 19.104.250
garage sales 19.104.250 SOLAR SYSTEMS
location 19.104.240 Expedited Process for Small Rooftop Solar Systems
political signs 19.104.250 Applicability 16.28.030
portable signs and displays 19.104.270 Application and documents 16.28.050
project announcement signs 19.104.260 Definitions 16.28.020
promotional devices 19.104.270 Intent 16.28.010
real estate signs 19.104.260 Permit review and inspection requirements
special event banners 19.104.270 16.28.060
subdivision signs 19.104.250 Purpose 16.28.010
window signs 19.104.280 Solar energy system requirements 16.28.040
violation deemed infraction 19.104.380
SOLICITOR
SINGLE-USE CARRYOUT BAGS See also STREETS, SIDEWALKS
Administrative citation and fine 9.17.150 Administrative authority 5.20.100
Definitions 9.17.110 Business license
Exemptions 9.17.140 See also BUSINESS LICENSE
Findings 9.17.100 fee 5.04.290
Implementation date 9.17.120 Definitions 5.20.010
Purpose 9.17.100 Exemptions from provisions 5.20.015
Severability 9.17.160 Hours of operation 5.20.090
Restrictions 9.17.130 Identification permit
denial, appeal 5.20.050
SKATEBOARDS display on demand 5.20.120
Defined 11.08.015 issuance 5.20.040
Prohibited where 11.08.270 nontransferable 5.20.110
Violations, penalties 11.08.280 revocation
appeals 5.20.070
SMALL-INCOME BUSINESS grounds 5.20.060
Business license Posting of premises 5.20.140
See also BUSINESS LICENSE Vehicle requirements 5.20.080
fee 5.04.450 Violation, penalty 5.20.130
2020 5-78
33 Index
I Records 3.35.140 TRAFFIC
Refunds 3.35.150 Cruising
Remedies cumulative 3.35.220 definitions 11.30.010
Short title 3.35.010 exemptions 11.30.020
Substantial nexus /minimum contacts 3.35.070 prohibited 11.30.030
Telecommunication users' tax 3.35.050 violation, penalty 11.30.040
Curb opening closure
THEATER authority 11.36.030
Business license hearing
See also BUSINESS LICENSE appeal 11.36.060
fee 5.04.440 authorized 11.36.050
Smoking notice contents 11.36.040
See SMOKING provisions nonexclusive 11.36.020
purpose, definitions 11.36.010
TOBACCO PRODUCTS; REGULATING THE Diverters 14.04.125
SALE OF Downtown area
See also SMOKING; REGULATION OF See Cruising
Appeals 5.50.150 Driveway opening
Compliance monitoring 5.50.110 See Curb opening closure
Definitions 5.50.020 Engineer
Enforcement 5.50.160 See TRAFFIC ENGINEER
Fees 5.50.100 Intersections, blocking prohibited 11.24.240
Intent 5.50.010 Loading zones
No conflict with federal or state law 5.50.170 See Parking
Penalties Median closure
for a violation by a retailer with a permit See Curb opening closure
5.50.130 Parking
for retailing without a permit 5.50.140 See PARKING
Permit Road bumps
application procedure 5.50.050 administrative authority designated 11.34.020
conveys limited, conditional privilege defined 11.34.010
5.50.090 installation where, criteria 11.34.030
denial 5.50.060 Road construction, traffic regulations 11.36.070
eligibility requirements for 5.50.040 Speed bumps
expiration 5.50.070 See Road bumps
issuance of 5.50.060 Speed limits
nontransferable 5.50.080 authority, declaration 11.12.020
penalties for established 11.12.030
retailing without a permit 5.50.140 purpose of provisions 11.12.010
violation by a retailer with a permit signing 11.12.040
5.50.130 Stop intersection
renewal 5.50.070 all directional, designated, required action
revocation 5.50.060 11.20.030
term 5.50.070 designated, required action 11.20.020
Requirements and prohibitions 5.50.030 purpose of provisions 11.20.010
Underage sales, prevention of 5.50.120 signing 11.20.040
Stopping, standing
TRACTOR See PARKING
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540 4
1
2020 S-76
Cupertino- Index 34
Truck routes TRAPS
compliance required 11.32.030 See ANIMAL
established 11.32.020
pickups, deliveries, exceptions 11.32.070 TREASURER, CITY
school zones—prohibited vehicles 11.32.055 Conflict of interest 2.64.020
truck defined 11.32.010 Franchise pipeline inspection 6.04.050
unrestricted highways designated 11.32.050 Investment authority 2.24.050
use regulations generally 11.32.060 Monthly statements required 2.24.030
vehicle types excepted 11.32.080 Oath of office, bond 2.24.040
vehicle weighing authority 11.32.040 Payment, procedure 2.24.020
violation, penalty 11.32.090 Responsibility for city moneys 2.24.010
TRAFFIC ENGINEER TREASURER, COUNTY
Bicycle lane sign erection 11.08.260 Assessment collection responsibility 3.16.010
Parking
curb marking, sign authority 11.26.040 TREE
handicapped parking space approval 11.26.100 See STREETS AND SIDEWALKS
loading space establishment authority TREES
11.26.070
space marking authority 11.26.060 TREES
Protected Trees
TRANSIENT OCCUPANCY TAX action by Director 14.18.120
Collection action 3.12.130 actions prohibited 14.18.030
Definitions 3.12.020 definitions 14.18.020
Failure to collect and report exemptions 14.18.150
appeal 3.12.100 heritage tree designation 14.18.070
determination 3.12.090 heritage tree identification tag 14.18.090
Imposition 3.12.030 heritage tree list 14.18.080
Operator duty 3.12.050 penalty 14.18.220
Penalty, interest 3.12.080 plan of protection 14.18.060
Records retention, access 3.12.110 protected trees 14.18.050
Refund condition 3.12.120 protection during construction 14.18.200
Registration 3.12.060 purpose of provisions 14.18.010
Reporting, remitting 3.12.070 recordation 14.18.100
Short title 3.12.010 removal
Violation, penalty 3.12.140 application 14.18.110
approval authority 14.18.110
TRANSPORTATION IMPACT notice and posting 14.18.130
Evaluation of transportation impacts under the notice of action 14.18.190
California Environmental Quality Act(CEQA) appeal 14.18.190
applicability of regulations 17.08.030 protection plan before granting permit
definitions 17.08.010 14.18.210
purpose 17.08.020 retroactive permit 14.18.170
vehicle miles traveled(VMT) standards review 14.18.180
17.08.040 retention promoted 14.18.040
Transportation impact fee program Tree Management Plan 14.18.140
applicability 14.02.040 tree replacement 14.18.160
authority 14.02.030 Street tree regulations
definitions 14.02.020 appeals 14.12.170
disposition of TIF program revenue and TIF building permit requirements
capital project construction 14.02.080 condition of issuance 14.12.120
exemptions 14.02.060 definitions 14.12.020
fee credits 14.02.070 enforcement 14.12.040
purpose 14.02.010
Transportation Impact Fee Program 14.02.050
2021 S-81
35 Index
UNIFORM CODE FOR THE ABATEMENT OF VEHICLE
DANGEROUS BUILDINGS CODE See also PARKING
Adoption by reference 16.70.010 See also TRAFFIC
Abandoned
URINATION, DEFECATION abatement
Definitions 10.30.010 authority 11.04.050
Prohibited where 10.30.020 compliance time limit 11.04.091
Violation, penalty 10.30.030 cost recovery, generally 11.04.092
cost recovery,repeat violation 11.04.150
UTILITIES notice 11.04.060
See FRANCHISE definitions 11.04.011
See SEWER disposition
See UNDERGROUND UTILITIES final 11.04.140
See WATER notice 11.04.110
procedure 11.04.120
UTILITY USERS EXCISE TAX enforcement of provisions 11.04.040
Administration, scope, authority 3.34.100 hearing
Benefit declaration 3.34.150 procedure 11.04.090
Collection when 11.04.070
debt to city, actions permitted 3.34.150 nuisance 11.04.031
due date, delinquency, penalties 3.34.070 prohibitions
procedure generally 3.34.090 designated 11.04.019
Conflicting provisions, resolution 3.34.190 exceptions 11.04.020
Construance of provisions 3.34.200 purpose of provisions 11.04.010
Definitions, 3.34.010 reconstruction 11.04.130
Duration, term 3.34.160 Animal transport in
Exemptions See ANIMAL
designated 3.34.020 Bicycle
partial, criteria 3.34.060 See BICYCLE
Grammatical interpretation of provisions 3.34.140 Off-street
Imposed, rate, applicability See OFF-STREET VEHICLES
See also Exemptions Overweight, special permit
electricity users tax 3.34.040 appeals 11.37.070
gas users tax 3.34.050 applicability 11.37.020
telephone users tax 3.34.030 application ,
Payment contents 11.37.030 i
See also Collection fee 11.37.040
failure, assessment when, effect 3.34.110 issuance 11.37.050
Powers deemed additional 3.34.180 limitations, restrictions, imposition 11.37.060
Proceeds, revenue measure, disposition 3.34.170 purpose of provisions 11.37.010
Purpose of provisions 3.34.005 Peddler, restrictions 5.20.120
Recordkeeping requirements 3.34.120 Taxicab
Refund, criteria, procedure 3.34.130 See TAXICAB
Tax
See also Specific Subject VENDING MACHINE
administrator defined 3.34.020 Business license
Validity of proceedings, tax See also BUSINESS LICENSE
actions, proceeding limitation 3.34.220 fee 5.04.360
generally 3.34.210
--V--
VAPING
( See TOBACCO; REGULATING THE SALE OF
2020 S-75
Cupertino- Index 36
VENDORS, SIDEWALK WATERCOURSE POLLUTION PREVENTION (See
li
See also SOLICITOR STORMWATER POLLUTION PREVENTION
f
Applicability 5.48.030 AND WATERSHED PROTECTION)
Business license fee 5.04.400
See also BUSINESS LICENSE WEAPON
Code enforcement and penalties 5.48.080 See FIREARM
Definitions 5.48.020
Exceptions 5.48.030 WEEDS
General regulations 5.48.060 See also PROPERTY MAINTENANCE
Prohibited locations 5.48.050 Abatement
Purpose 5.48.010 assessment
Registration process 5.48.040 collections as tax 9.08.100
Revocation of registration 5.48.070 hearing 9.08.090
notice, posting, mailing 9.08.080
W-- responsibility 9.08.070
authority, procedure 9.08.060
WASTE hearing 9.08.050
See GARBAGE notice
See WATERCOURSE POLLUTION form designated 9.08.030
See PREVENTION mailing 9.08.040
property damage, notice of
WATER improvements 9.08.110
See also FRANCHISE Defined, prohibited 9.08.010
See also SEWER Nuisance, abatement required 9.08.020
See also WATERCOURSE POLLUTION
See also PREVENTION WILDLAND URBAN INTERFACE FIRE AREA
Conservation Adopted 16.74.010
city facilities 15.32.050
definitions 15.32.020 WIRELESS COMMUNICATIONS FACILITIES
emergency shutoff 15.32.070 See ZONING
exceptions for public health and safety
15.32.060
findings 15.32.010
prohibited acts 15.32.030
restrictions on use 15.32.040
violation, penalty 15.32.080
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
Resource protection
definitions 9.19.020
purpose 9.19.010
streamside modification permit 9.19.030
guidelines and standards 9.19.040
time limit for commencing use of
9.19.050
2021 5-81