2022 S-85 SupplementCUPERTINO, CAJ,IFORNIA
Instruction Sheet
2022 S-85 Supplement
REMOVE OLD PAGES INSERT NEW PAGES-
TitlePage TitlePage
TITLE 1: GENERAL PROVISIONS
13,14 13,14
TITLE 2: ADMINISTRATION AND PERSONNEL
1, 2
31, 32
37, 38
47, 48
51 through 54
59, 60
63, 64
71, 72
1, 2
31, 32
37, 38
47, 48
51 through 54
59, 60
63, 64
71, 72
83, 84
17, 18
17, 18
TITLE 3: REVENUE AND FINANCE
17, 18
TITLE 8: ANIMALS
17, 18
TITLE 11: VEHICLES AND TRAFFIC
9,10 9,10
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
7,8 7,8
35,36 35,36
TITLE 16: BUILDINGS AND CONSTRUCTION
85 through 88 85 through 88
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Cupertino, CA - Instruction Sheet
REMOVE OLD PAGES INSERT NEW PAGES
TITLE 17: ENVIRONMENT AL REGULATIONS
1 through 4 1 through 14
TITLE 18: SUBDIVISIONS
3, 4 3, 4
TITLB 19: ZONING
160A, 160B
173, 174
209, 210
217, 21.8
160A, 160B
173, 174
209, 210
217, 218
23, 24
47, 48
COMPREHENSIVE ORDINANCE LIST
23, 24
47, 48
INDEX
5, 6
11, 12
17 through 20
26A, 26B
31 through 34
5, 6
11, 12
17 through 20
26A, 26B
31 through 34
kgw
01/2022
2
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-85 Supplement contains:
Local legislation current through Ordinance 21-2234, passed 12-7-2021
:l
COPYRIGHT @ 2022
AMERICAN LEGAL PUBLISHING CORPORATION
1.12.010
CHAPTER 1.12: GENERAL PENALTY Ah'D CRIMINAL ENFORCEMENTk
Section
1.12.010 Violationofcode
1. 12.020 Each day a separate offense
* For statutory provisions authorizing cities to
impose fines up to $1,000, imprisoiunent up to
six months, or both, see Gov. Code 8, 36901
1.12.010 Violation of Code.
A. It is unlawful for any person to perform any act
that is prohibited, made or declared to be unlawful or an
offense by the code, or to violate any provision or fail to
comply with any of the requirements of this code. A
violation of any provision or failing to comply with any of
the mandatory requirements of the code shall constitute a
misdemeanor, except where the violation is specifically
declared to be an infraction.
B. Notwithstanding tlie above, any violation
constituting a misdemeanor may, in the discretion of the
City Attorney, be charged and prosecuted as an infraction.
C. When a violation of a provision of this code
which otherwise constitutes an infraction continues to occur
and the violator has been charged with a violation of the
same provision as an infraction on at least four separate
occasions and within one year has forfeited bail on each
such occasion, in that event, the City Attorney, in his or her
discretion, may cliarge a violation of any such provision as
a misdemeanor.
D. Unless otherwise specified by this code, an
infraction is punishable by:
1. A fine not to exceed $100 for the first violation
of a code provision;
2. A fine not to exceed $200 for a second violation
of the same code provision within one year; and
3, A fine not to exceed $500 for each subsequent
violation of the same code provision within one year.
E. Unless otherwise specified by this code, a
misdemeanor is punishable by a fine not to exceed $1,000,
imprisonment for a term not exceeding six months, or by
both such fine and imprisorunent.
(Ord. 21-2234, Att. A (§ 1), 2021; Ord. 20-2203, § 5,
2020; Ord. 12-2101, § 1 (part), 2013; Ord. 09-2043, 2009;
Ord. 1886, (part), 2001; Ord. 1697, (part), 1995; Ord.
1497, 8, 1, 1989; Ord. 1179, e) 1, passed 1982; Ord. 854,
(part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1975;
Ord. 500, 8, 1, 1971)
1.12.020 Each Dart a Separate Offense.
A person committing an act designated in S, 1.12.010
is guilty of a separate offense for each and every day during
any portion of which any violation of any ordinance of the
city is committed, continued or permitted by the person, and
is punishable as provided in F§ 1. 12.010.
(Ord. 20-2203, S, 5, 2020; Ord. 1697, (part), 1995; Ord.
829, (part), 1977; Ord. 500, § 2, 1971)
13
2022 S-85
Cupertino - General Provisions 14
(l
TITLE 2: ADMINISTRATION AND PERSONNEL
2022 S-85
Chapter
2.04.
2.06
2.08
2.12
2.16
2.17
2.18
2.20
2.24
2.28
2.30
2.32
2.36
2.40
2.48
2.52
2.60
2.64
2.68
2.74
City Council-Election and Meetings
(Reserved)
City Council-Rules and Conduct of Meetings
Introduction and Passage of Ordinances
City Council- Salaries
Cit3i Council/City Staff Relationships
City Acttorney
City Clerk
City Treasurer
City Manager
Code Enforcement Officer
Planning Commission
Park and Recreation Commission
Emergency Management Program
Departmental Organization
Persomel Code
Public Safety Commission
(Reserved)
Library Commission
Cupertino Teckuiology, Information, and Communications
Commission
Landlord-Tenant Mediation-Issuance of Subpoenas
Fine Arts Commssion
Environmental Review Committee
Housing Cotnmission
Audit Committee
Design Review Cotnmittee
Bicycle Pedestrian Commission
Sustainability Commission
Teen Commission
2.100 Regulatton of Lobbying Activities
2.110 Teleconference Meetings
1
Cupertino - Adtninistration and Persoiuiel 2
2.36.010
CHAPTER 2.36: PARK AND RECREATION COMMISSION*
Section
2.36.010
2.36.020
2.36.030
2.36.040
2.36.050
2.36.060
2.36.070
2.36.080
2.36.085
2.36.090
2.36.110
Established.
Terms of Office.
Members-Vacancy or removal.
Cliairperson.
'Meetings.
Majority vote required.
Records,
Powers and Functions.
Compensation-Expenses.
Procedural rules.
Effect.
For statutory provisions regarding parks and
playgrounds, see Gov. Code 8, 38000 et seq. ;
for provisions regarding municipal control of
certain parks, see Public Resources Code
Ffi 5181 et seq.
2.36.0iO Established.
The Parks and Recreation Commission of the City is
established. The Parks and Recreation Commission sliall
consist of five members who are residents of the City, none
of whom shall be officials or employees of the City, nor
cohabit with as defined by law, nor be related by blood or
marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Coimnission.
The five members sl'iall be appointed by the City Council.
(Ord. 1639, (part), 1993; Ord. 1460, (pan), 1988; Ord.
1083, (part), 1980; Ord. 739, (part), 1976; Ord. 303, 8, 2. 1,
1965)
2.36.020 Terms of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the Parks and
Recreation Commission sliall be for four years and shall end
on January 30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a coinmissioner may serve more tlian two
consecutive terms if lie or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by the Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, 8, 2 (part),
2018; Ord. 1974, (i 4 (part), 2006; Ord. 1639, (part), 1993;
Ord. 1460, (part), 1988; Ord. 1321, F§ 1 (part), 1985; Ord.
1166, (part), 1982; Ord. 739, (part), 1976; Ord. 303, § 3. 1,
1965)
2.36.030 Members-Vacancy or Removal.
Any appointee member may be removed by a majority
vote of the total membership of the City Council. If a
vacancy occurs other than by expiration of a term, it shall be
filled by the appointment by the City Council for the
unexpired portion of the term. (Ord. 15-2127, Ei 1, 2015;
Ord. 303, S, 4. 1, 1965)
2.36.040 Chairperson.
The Commission shall elect its Chairperson and Vice-
Cliairperson from among its members. The terms of the
Chairperson and Vice-Cliairperson shall be for one year.
(Ord. 2015, § 6, 2008; Ord. 1697, (part), 1995; Ord. 1321,
§ 2 (part), 1985; Ord. 1167, (part), 1982; Ord. 303, § 5. 1,
1965)
2.36.050 Meetings.
The City Park and Recreation Commission shall
establish a regular place of meeting and rules of conduct
thereof, and shall hold at least one regular meeting each
month. Special meetings of the Commission may be called
at any time by the Chairman or by any three or more
members of the Commission upon personal notice being
given to all members of the Commission. If personal notice
cannot be given, written notice must be mailed to such
members at least twenty-four hours prior to the meeting,
unless the notice requirement is waived in writing to the
member. (Ord. 1639, (part), 1993; Ord. 739, (part), 1976;
Ord. 303, 8, 6.1, 1965)
2.36.060 Majority Vote Required.
A majority vote is required to approve a
recommendation or on any inatter that is presented to the
Commission whicli requires a vote. (Ord. 303, 8, 7. 1, 1965)
31
2022 S-85
2.36.070 Cupertino - Administration and Personnel 32
2.36.070 Records.
The Commission shall keep an accurate record of its
proceedings and transactions, and shall render such reports
to the City Council as may be required. These records shall
be filed with the City CIerk. (Ord. 18-2180, tj2 (part),
2018: Ord. 15-2127, S, 2, 2015; Ord. 303, § 7.2, 1965)
2.36.080 Powers and Functions.
The powers and functions of the City Park and
Recreation Commission shall be as follows:
A. To hold hearings on matters pertaining to
planning and development of parks, cultural activities,
historical resources, recreation, community services
(including, but not limited to schools and senior services),
and capital expenditures related to community activities and
facilities;
B. To conduct such other hearings as are necessary
and in accordance with its own rules and regulations;
C. To report its decisions and recommendations in
writing to the City Council;
D. To consider, formulate and propose programs,
activities, resources, plans and development designed to
provide for, regulate and direct the future growth and
development of community activities, parks and a recreation
system in order to secure to the City and its inhabitants
better service;
E. To make investigations and reports for fumre
acquisition of park sites;
F. To make, in its advisory capacity, any and all
recommendations to the City Council relating to the above
matters, including the extension of the parks, recreation
system and counity activities to outlying areas of the
Cit37:
G. In cooperation with the Director of Recreation
and Community Services, the Commission will consider,
review, and evaluate parks, recreation programs, and
community activities;
H. To consider, formulate, and propose cultural
activities and historical preservation for the City and its
residents. (Ord. 18-2180, § 2 (part), 2018; Ord. 15-2127,
S, 3, 2015; Ord. 739, (part), 1976; Ord. 497, 8, l, 1971;
Ord. 303, F§ 8.1, 1965)
2.36.085 Compensation-Expenses.
Members of the Park and Recreation Commission shall
serve without compensation. Commissioners may be
reimbursed for necessary expenses reasonably incurred by
them while acting in their official capacity subject to the
approval of the City Manager. (Ord. 21-2234, Att. A (§ 2,
part), 2021)
2.36.090 Procedural Rules.
The City Park and Recreation Commission may adopt
from time to time such rules of procedure as it may deem
necessary to properly exercise its functions. Such rules shall
be recommended to the Director of Recreation and
Community Services and shall be subject to approval by the
City Council before becoming effective. All such niles shall
be kept on file with the Chairman of the City Park and
Recreation Commission, the department office, and the
Mayor, and a copy thereof shall be furnished each
Cominissioner and any other person upon request. (Ord.
15-2127, § 4, 2015; Ord. 303, § 9.1, 1965)
2.36.110 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
Officers, or the delegation to Uhe Parks and Recreation
Commission of any authority or discretionary powers
imposed by law in such Council or officers. The City
Council declares that the public interest and convenience
require the appointment of a Parks and Recreation
Commission to act in a purely advisory capacity to such
Council. (Ord. 1083, (part), 1980)
,-,0.
I,, f
2022 S-85
2.48.010
CI[-IAPTER 2.48: DEPARTMENTAL ORGANIZATION
Section
2.48.010 Purpose.
2.48.020 Depaents and divisions.
2.48.030 Authority of City Manager.
2.48.040 Authority of Director of Public Works and
City Engineer to approve plans and
designs.
2.48.010 Purpose.
The purpose of this chapter is to provide for a more
efficient organizational structure for the City, to designate
its departments and divisions, and to describe their
functions. (Ord. 484, § 1, 1971)
2.48.020 Departments and Divisions.
The following departments are established:
A. Departnient of Administrative Services.
1. This department shall consist of the following
divisions:
a. Finance Division. This division sliall be
responsible for the day-to-day processing of fiscal records,
the preparation of financial statements and the annual
operating budget, the compilation of fiscal data from which
a capital improvements budget may be constnicted, and the
preparation of other statistical and fiscal analysis.
b. Human Resources Division. This division shall
be responsible for code enforcement, personnel, disaster
preparedness, risk management and special projects.
2. The Director of Administrative Services shall be
head of this department, the Finance Officer being
responsible for the activities within the Finance Division,
and the Personnel Officer being responsible for activities
within the Human Resources Division.
3. TheDirectorofAdministrativeServicesalsosliall
be appointed Treasurer and also shall act as ex officio
Assessor and shall assess and collect all City taxes save and
except for those collected by State and County officers for
the City.
B.
1.
divisions:
Department of Community Development.
This department shall have the following
a. Planning Division. Tliis division shall be
responsible for current and long-range planning, the
development and maintenance of the general plan and
specific plans, and the processing of applications for planned
development permits, use permits, variances, and changes
of zoning, and the sign ordinance.
b. Building Division. This division shall be
responsible for the enforcement of the building codes, the
sign ordinance and other similar regulatory ordinances.
2. The Director of Community Development shall be
the head of this department, with the Building Official being
responsible for activities within the Building Division.
C. Department of Public Works.
1. This department sl'iall have the following
divisions:
a. Administrative Division. This division shall be
responsible for providing general administration for the
Department of Public Works, including general oversight
and management of the municipal water system lease.
b. Development Services Division. This division
shall be responsible for all coordination of reviews for
private development applications as well as permitting for
encroachments into the public riglit of way.
c. Streets Division. This division sliall be
responsible for the maintenance of all streets, storm drains,
street lights, sidewalks, curbs, gutters, easements and
medians.
d. Facilities and Fleet Division. This division shall
be responsible for all buildings, and the maintenance of the
city's vehicle and equipment fleet.
e. Grounds Division. This division shall be
responsible for the maintenance of all park sites, leased
school sites and grounds around other City owned
properties.
f. Trees and Right of 'iVay Division. This division
shall be responsible for public trees, street medians, and
other landscaped areas within tlie public right of way.
g. Transportation Division. This division shall be
responsible for the plag and design of transportation
facilities, oversight of the Safe Routes to Schools Program,
and the operation and maintenance of the city's traffic
signals.
37
2022 S-85
2.48.020 Cupertino - Administration and Personnel 38
h. Environmental Programs Division. This division
shall be responsible for the garbage and recycling franchised
hauler contract andprovides garbage andrecycling customer
service for residents and business owners, as well as
overseeing compliance with the state stormwater permit.
i. Capital Improvement Program (CIP) Division.
This division shall be responsible for the design and
construction administration for all capital improvement
projects including streets, storm drainage, buildings, parks,
and other public facilities.
2. Tlie Director of Public Works shall be the head of
tlus department.
D. Department of Parks and Recreation.
1. This department shall be responsible for:
a. All recreational programs and services sponsored
by the City;
b. Management of all recreation facilities including
Quinlan Community Center, Sports Center, Senior Center,
and Monta Vista Recreation Center;
c. Operation and management of Blackberry Fann
golf course and picnic grounds;
d. Planning and development of existing and fuffire
park sites.
2. The Director of Parks and Recreation shall be the
head of this depaent.
E. Department of Public Safety.
1. This department shall be responsible for law
enforcement and fire protection services. However, since
these services are presently contracted for or provided by a
special district, tliis depaent shall not be implemented,
and the Director of Public Safety shall not be appointed,
until the City Council, by appropriate ordinance, resolution,
or other action, determines to administer its own Jaw
enforcement and/or fire protection services.
2. The Director of Public Safety shall be the head of
this department. He shall also be appointed Chief of Police
and Fire Chief.
F. Department of Innovation & Technology.
1. This department shall have the following
divisions:
a. Applications Division. This division is
responsible for development, procurement, project
management, implementation and ongoing maintenance of
all enterprise-level and online applications, and tl'ie
maintenance of the City's website.
b. Infrastnicture Division. This division provides
for all technology-related expenses for the citywide
management of information technology services.
c. GIS Division. This division captures, manages,
analyzes, and displays all forms of geographically
referenced information for the City.
d. InnovationTechnoIogyDivision. Thisdivisionis
responsible for strategic planning, governance, policy
setting, and overall administration of the department.
2. The Cief Technology Officer shall be the liead
of this department.
(Ord. 21-2234, Att. A (§ 3), 2021; Ord. 18-2173, 2018;
Ord. 2056, (part), 2010; Ord. 1697, (part), 1995; Ord.
1678, 1995; Ord. 1623, 1993; Ord. 1480, 1989: Ord. 1065,
1980; Ord. 484, 8, 2, 1971)
2.48.030 Authority of City Manager.
All department lieads, without limitation, shall be
appointed by, and responsible to, the City Manager. Tlie
City Manager shall have authority to eliminate any division,
to add new divisions, to alter their functions, and to reassign
personnel from one division or department to another
division or department. (Ord. 484, § 3, 1971)
2.48.040 Authority of Director of Public Works and
City Engineer to Approve Plans and Designs.
A. Tlie Director of Public Works if a licensed
professional engineer designated by the State of California,
and the City Engineer as a licensed professional engineer
designated by the State of California, are delegated the
authority to exercise discretionary approval ("Design
Approval") of plans, designs and any design amendments or
addenda for any public improvement or subdivision
improvement project of the City of Cupertino ("Public
Improvements"). The Director of Public Works or the City
Engineer shall sign the plans and designs to attest their
approval.
B. DesignApprovalofPublicImprovementsshallbe
exercised broadly, in accordance with state law, and shall
include the authority to approve modifications to plans or
designs previously accepted by tlie City; approval of City
standard details and specifications for design and
construction of Public Improvements; acceptance of Public
Improvements on behalf of the City; and issuance of notices
of completion, cessation notices, and any other instruments
and documents related to the exercise of Design Approval of
Public Improvements
(Ord. 18-2173, 2018)
(i
2022 S-85
2.60.010
CHAPTER 2.60: PUBLIC SAFETY COMMISSION
Section
2.60.010 Established.
2.60.020 Terms of Office.
2.60.030 Vacancy-Removal.
2.60.040 Meetings-Quorum-Officers-Staff.
2.60.050 Compensation-Expenses.
2.60.060 Records.
2.60.070 Duties-Responsibilities.
2.60.080 Effect.
2.60.010 Estabnshed.
The Public Safety Commission of the City is
established. The Public Safety Conssion shall consist of
five members, all of whom shall reside within the City and
shall be appointed by the City Council. None shall be
officials or employees of the City, members of the Sheriff's
Department of the County, either regular or reserve, nor
shall they be members of the Central Fire Protection
District. No members of the Public Safeq Commission
shall cohabit with, as defined by law, nor be related by
blood or maniage to any member of the Commission, the
City Manager or the staff person(s) assigned to this
Commission. (Ord. 1463, (part), 1988; Ord. 1432, 1988;
Ord. 574, § 1, 1973)
2.60.020 Terms of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of o[rrce of the members of the Public
Safety Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and niles
governing incumbent members of the Commission are
governed by tlie Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, § 4 (part),
2018; Ord. 2015, § 8, 2008; Ord. 1463, (part), 1988; Ord.
1321, e) 1 (part), 1985; Ord. 1166, (part), 1982; Ord. 574,
§ 2, 1973)
2.60.030 Vacancy-Removal.
Any appointee member may be removed by a majority
vote of the total membership of the City Council.
Vacancies shall be filled by appointment by the City
Council, and sliall be for the unexpired portion of the term
of office vacated. (Ord. 574, § 3, 1973)
2.60.040 Meetings-Quorum-Officers-Staff.
The Public Safety Commission shall hold regular
meetings at least once every other month, and, at the
discretion of the Commission, such other meetings as may
be necessary or expedient. A majority of the Public Safety
Commission sliall constitute a quorum for the purpose of
transacting the business of the Coinmission. The Public
Safety Commission shall elect a chairperson and a vice-
chairperson, both of whom shall serve at the pleasure of the
Commission. Terms of the chairperson and vice-
chairperson shall be for one year. Upon approval of the City
Council, the City Manger may appoint a secretary who need
not be a member of the Commission. Staff services as
required shall be provided to the Comn'ffssion by the City
Manager. (Ord. 2015, § 8, 2008; Ord. 1964, § 1, 2005;
Ord. 1321, F§ 2 (part), 1985; Ord. 1167, (part), 1982; Ord.
574, § 4, 1973)
2.60.050 Compensation-Expenses.
Members of the Public Safety Commission shall serve
without compensation. Commissioners may be reimbursed
for necessary expenses reasonably incurred by them while
acting in their official capacity subject to the approval of the
City Manager. (Ord. 21-2234, Att. A (§ 2, part), 2021;
Ord. 574, § 5, 1973)
2.60.060 Records.
The Commission sliall keep a record of its proceedings
and transactions, and shall render such reports to the City
Council as may be required. These records sl'iall be filed
with the City Clerk. (Ord. 18-2180, § 4 (part), 2018; Ord.
574, § 6, 1973)
2.60.070 Duties-Responsibilities.
The duties and responsibilities of the Public Safety
Commission shall be to:
47
2022 S-85
2.60.070 Cupertino - Administration and Personnel
A. Act in an advisory capacity to the City Council in
all matters pertaining to safety, traffic, police, fire and other
areas wherein the matter of public safety may be of concern;
B. Hold hearings and formulate policies and
procedures with respect to the foregoing for approval by the
City Council;
C. Perform such other tasks as may be expressly
requested of it by the City Council. (Ord. 574, S, 7, 1973)
2.60.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers, or the delegation to the Public Safety Commission
of any authority or discretionary powers imposed by law in
such council or officers. The City Council declares that the
public interest, convenience, welfare and necessity require
the appointment of a Public Safety Commission to act in a
purely advisory capacity to such Council, for the purpose
enumerated in this chapter. (Ord. 574, 8) 8, 1973)
2018 S-70
2.68.010
CHAPTER 2.68: LIBRARY COMMISSION
Section
2.68.010 Established.
2.68.020 Terms of Office.
2.68.030 Vacancy-Removal.
2.68.040 Meetings-Quorum-Officers-Staff.
2.68.050 Compensation-Expenses.
2.68.060 Records.
2.68.070 Duties-Powers-Responsibilities.
2.68.080 Effect.
2.68.010 Established.
The Library Commission of the City is established.
The Library Commission sliall consist of five members, at
least three of whom must be residents of the City of
Cupertino and none of whom shall be officials or employees
of the City, nor cohabit with, as defined by law, nor be
related by blood or marriage to any member of the
Commission, the City Manager or the staff person(s)
assigned to this Commission. Members of tl'ie Library
Commission shall be appointed by the City Council. (Ord.
1464, (part), 1988; Ord. 679, (part), 1975)
2.68.020 Terms of Office.
A. Commissionmembersserveatthepleasureofthe
Ciry Council. The term of office of the members of the
Library Comnnssion shall be for four years and shall end on
January 30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if lie or she has been appoiiited to the
Commission to fill an unexpired term of less than two years.
B. Tlie appointment, reappointment and rules
governing incumbent members of the Comi'i'iission are
governed by the Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, 8, 5 (part),
2018; Ord. 1974, § 4 (part), 2006; Ord. 1464, (part), 1988;
Ord. 1321, § 1 (part), 1985; Ord. 1166, (part), 1982; Ord.
679, (part), 1975)
2.68.030 Vacancy-Removal.
Any appointee member may be removed by a majority
vote of the total membership of the City Council. Vacancies
shall be filled by appointment by the City Council, and sliall
be for the unexpired portion of tlie term of office vacated.
(Ord. 679, (part), 1975)
2.68.040 Meetings-Quorum-Officers-Staff.
The Library Commission shall hold regular meetings
at least once every other month, and, at the discretion of the
Commission, such other meetings as may be necessary or
expedient. A majority of the Library Commission shall
constitute a quorum for purposes of transacting the business
of the Commission. The Library Commission shall elect a
chairperson and a vice-chairperson, both of whom shall
serve at the pleasure of the Commission. Terms of office
for tbe chairperson and vice-chairperson shall be for one
year. Staff services as required shall be provided to the
Corninission by the City Manager. (Ord. 2015, 8, 5, 2008;
Ord. 1964, 8, 2, 2005; Ord. 1321, t5 2 (part), 1985; Ord.
1167, (part), 1982; Ord. 679, (part), 1975)
2.68.050 Compensation-Expenses.
Members of the Library Commission shall serve
without compensation. Commissioners may be reimbursed
for necessary expenses reasonably incurred by them wliile
acting in their official capacity subject to the approval of the
City Manager. (Ord. 21-2234, Att. A (§ 2, part), 2021;
Ord. 679, (part), 1975)
2.68.060 Records.
The Commission shall keep a record of its proceedings
and transactions, and shall render sucl'i reports to tlie City
Council as may be required. These records shall be filed
uiith the City Clerk. (Ord. 18-2180, 8, 5 (part), 2018; Ord.
679, (part), 1975)
2.68.070 Duties-Powers-Responsibilities.
The Library Commission sl'iall have the following
duties, powers and responsibilities, and such other as they
may be entrusted with by tlie City Council from time to
tinie:
A. Consult with the City Council, the City staff and
the Santa Clara County Library Joint Powers Authority and
staff regarding the functioning of the physical facilities of
the Cupertino Library and shall make recommendations
from time to tiine for improvement or modification thereof;
51
2022 S-85
2.68,070 Cupertino - Administration and Personnel
B. Consult with the City Council, the City staff and
the Santa Clara County Library Joint Powers Authority and
staff regarding the Cupertino Library programs and services
to the community and shall make recommendations from
time to time for improvements or modifications thereof;
C. Consult with and act as liaison with private
community groups supportive of the library program;
D. Consult with the arclntect and the City Council in
the planning of any main or branch Iibrary building
facilities, including locations, building layout, arclutecture,
landscaping and furnishings;
E. Hold hearings, fomulate policies and make rules
and procedures with respect to the foregoing for approval by
the City Council;
F. Perform such other tasks as may be expressly
requested of it by the City Council. (Ord. 1697, (part),
1995; Ord. 679, (part), 1975)
2.68.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers, or the delegation to the Library Con'imission of any
authority or discretionat'y powers imposed by law in such
council or officers. The City Council declares tliat the
pubIic interest, convenience, welfare and necessity require
the appointment of a Library Cominission to act in a purely
advisory capacity to such Council, for the purpose
enumerated in this cliapter. (Ord. 679, (part), 1975)
ij
2.74.010
CHAPTER 2.74: CUPERTINO TECHNOLOGY, nSiTFORMATION, AND COMMUNICATIONS COMMISSION*
Section
2.74.010 Established.
2.74.020 Terms of Office.
2.74.030 Vacancy-Removal.
2.74.040 Meeting-Quonim-Officers-Staff.
2.74.050 Records.
2.74.060 Duties, powers and responsibilities.
2.74.070 Budget.
2.74.075 Compensation-Expenses.
2.74.080 Effect.
* Prior ordinance history: Ords. 1099, 1166,
1167, 1233, 1280, 1321, 1465 and 1697.
2.74.010 Established.
The Technology, Inforination, and Communications
Commission (formerly Telecommunications Commission of
the City) is established and shall consist of five members
from among the qualified electors of the City, none of whom
shall be officials or employees of the City, nor cohabit with,
as defined by law, nor be related by blood or marriage to
any member of the Commission, the City Manager or the
staff person(s) assigned to this Commission. Members of
the Technology, Information, and Communications
Commission shall be appointed by the City Council. (Ord.
2010, 2007; Ord. 1995, (part), 2007; Ord. 1965, (part),
2005; Ord. 1722, (part), 1996; Ord. 1714, (pan), 1996)
2.74.020 Terms of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the
Teclinology, Inforn'iation, and Communications
Commission shall be for four years and shall end on January
30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of tl'ie Commission are
governed by the Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, 8, 6 (part),
2018; Ord. 1974, 8, 4 (part), 2006; Ord. 1965, (part), 2005;
Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.030 Vacancy-Removal.
Any member may be removed by a majority vote of the
City Council. If a vacancy occurs other than by expiration
of a term vacancies shall be filled by appointment of the
City Council and shall be for the unexpired portion of tlie
term of office vacated. (Ord. 1965, (part), 2005; Ord.
1714, (part), 1996)
2.74.040 Meeting-Quorum-Officers-Staff.
A. The Technology, Information, and
Communications Commission shall hold regular meetings at
least once every three months and at tlie discretion of the
Con'imission shall hold other meetings as may be necessary
or expedient. A majority of the Commission shall constitute
a quonirn for the purpose of transacting the business of the
Commission.
B. The Commission shall elect a chairperson and a
vice chairperson, both of whom shall serve at the pleasure
of the Commission. The terms of office shall be for one
year.
C. The City Manager shall appoint a staff member
to attend Commission meetings and to provide liaison and
support as needed. (Ord. 21-2234, Att. A (§ 4), 2021 ; Ord.
1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714,
(pan), 1996)
2.74.050 Records.
The Commission shall keep an accurate record of its
proceedings and transactions, and shall render such reports
to the City Council as may be required. These records shall
be filed with tlie City Clerk. (Ord. 18-2180, § 6 (part),
2018; Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2.74.060 Duties, Powers and Responsibilities.
The Cupertino Technology, Information, and
Communications Commission shall have the following
duties, powers and responsibilities, and such others as the
members shall be entrusted with by the City Council from
time to time. The commission shall:
53
2022 S-85
2.7 4.060 Cupertino - Adtninistration and Personnel 54
1. Advise the City CounciI and City Manager on all
matters relating to technology, information, and
communications within the city of Cupertino;
2. Evaluate compliance with any franchise or other
agreement between the City and technology, information,
and communications providers and make recommendations
to the City Council;
3. Conduct periodic reviews of technology,
information, and communications providers, facilities and
products and make recommendations on such subjects to the
City Council;
4. Recommend amendments to the City's
telecommunications poIicy of the City Council;
5. Serve as a liaison between the City, the public
and the technology, information, and communications
providers in enhancing information and education. Such
activities include providing an opportunity for input to
residents and disseminating noncommercial, educational
materials about technology, information, and
communications services;
6. At the request of the City Manager, provide
assistance in examining methods to obtain equivalent
franchise fees or other economic benefits from service
providers;
7. Providesupportforcommunityaccesstelevision,
especially public and educational access, and give guidance
when needed for development and implementation of access
channels and programniing;
8. Recommend ways to foster the City's best use of
technology, information, and communications
infrastnicture and services for the maximum benefit of the
community.
9. Provide education to the community on the use of
technology, information, and communications infrastnicture
and services. (Ord. 1965, (part), 2005: Ord. 1722, (part),
1996; Ord. 1714, (part), 1996)
2.74.070 Budget.
The Technology, Information, and Communications
Commission shall submit an annual budget to the City
Council for its review and approval. All expenditures
require the approval of the City Manager or his designee.
Any grants for program production or other purposes
require the approval of the City Council. (Ord. 1965,
(partl 2005; Ord. 1722, (part), 1996; Ord. 1714, (part),
1996)
2.74,075 Compensation-Expenses.
Members of the Technology, Information, and
Communications Commission shall serve without
compensation. Commissioners may be reimbursed for
necessary expenses reasonabIy incurred by them wie
acting in their official capacity subject to the approval of the
City Manager. (Ord. 21-2234, Att. A (§ 2, part), 2021)
2.74.080 Effect.
Nothing in this cliapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers or the delegation to the Technology, Information,
and Communications Commission of any authority or
discretionary powers empowered by law on such Council or
officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2022 S-85
2.80.010
CHAPTER 2.80: FIh'E ARTS COMMISSION
Section
2.80.010
2.80.020
2.80.030
2.80.040
2.80.050
2.80.060
2.80.070
2.80.080
2.80.090
2.80. 100
Established.
Terms of Office.
Members-Vacancy or removal.
Chairperson.
Meetings-Quorum.
Majority vote required.
Records.
Powers and functions.
Compensation-Expenses.
Effect.
2.80.010 Established.
The Fine Arts Commission of the City is established.
The Fine Arts Commission shall consist of five members,
none of whom shall be officials or employees of the City,
nor cohabit with as defined by law, nor be related by blood
or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission.
At least three members shall be City of Cupertino residents.
Members of the Fine Arts Commission shall be appointed by
the City Council. Membership will be drawn to represent
the arts, citizens and business community on an
approximately equal basis. (Ord. 19-2182, {S, 1, (part),
2019; Ord. 18-2171, 2018; Ord. 1934, (part), 2004; Ord.
1466, (part), 1988; Ord. 1401, (pan), 1987)
2.80.020 Terms of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the Fine Arts
Commission shall be for four years and shall end on January
30th of the year tl'ieir term is due to expire. No
commissioner shall serve more than two consecutive terms,
except that a commissioner may serve more than two
consecutive terms if he or slie has been appointed to the
Commissionto fill an unexpired term of less than two )tears.
B. The appointment, reappointment and rules
governing inciunbent members of the Comuiission are
governed by the Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, 8, 7 (part),
2018; Ord. 1974, €3 2, 2006; Ord. 1705, (part), 1995; Ord.
1466, (part), 1988; Ord. 1401, (part), 1987)
2.80.030 Members-Vacancy or Removal.
Any appointee member may be removed by a majority
vote of the City Council. If a vacancy occurs other than by
expiration of a term, it shall be filled by the City Council's
appointment for the unexpired portion of the term. (Ord.
1401, (part), 1987)
2.80.040 Chairperson.
The Commission shall elect its chairperson and vice-
chairperson from among its members and shall appoint a
secretary. Terms of the chair and vice-chair shall be for one
year. Upon approval of the City Council, the City Manager
may appoint a secretary wlio need not be a member of the
Commission. (Ord. 2015, § 3, 2008; Ord. 1401, (part),
1987)
2.80.050 Meetings-Quorum.
A. The Fine Arts Commission shan establish a
regular place of meeting and rules of conduct thereof and
shall hold at least one regular meeting every other month.
B. A majority of the Fine Arts Commission shall
constitute a quonim for the purpose of transacting the
business of the Commission. (Ord. 1964, S, 3, 2005; Ord.
1401, (part), 1987)
2.80.060 Majority Vote Required.
A majority vote is required to approve a
recominendation on any matter that is presented to the
Commission which requires a vote. (Ord. 1401, (part),
1987)
2.80.070 Records.
The Commission shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Council as may be required. These records shall
be filed with the City Clerk. (Ord. 18-2180, 8, 7 (part),
2018; Ord. 1401, (part), 1987)
2.80.080 Powers and Functions.
A. The powers and functions of the Fine Arts
Commission shall be to foster, encourage and assist the
realization, preservation and advancement of fine arts for
the benefit of the citizens of Cupertino.
59
2019 S-71
2.80.080 Cupertino - Administration and Persoiuiel
B. To fulfill their mission, the Commission may
involve itself in the following activities:
1. Act as a catalyst for the promotion of fine arts
aCtlVltleS;
2. Keep current on potential fine arts activities
which would be available to the community;
3. Provide liaison between various fine arts
3 ctmties;
4 . Provide a means for coordination for fine arts
groups or facilities wliich may exist within the community;
5. Maintain an inventory of facilities available for
related fine arts activities within the community;
6. Provide screening and/or review for fine arts
activities wishing to obtain city funds or utilize public
facilities;
7.
the arts;
8. Foster the development of public art within the
community ;
9. Be vigilant in exploring and advancing the range
of fine arts activities available to the community;
10. Enhance the interaction between arts and
business;
11. Any other activity which may be deemed
appropriate and necessary. (Ord. 1401, (part), 1987)
Provide information to the community relating to
2.80.090 Compensation-Expenses.
Members of the Fine Arts Commission shall serve
without compensation. Commissioners may be reimbursed
for necessary expenses reasonably incurred by them while
acting in their official capacity subject to the approval of the
City Manager. (Ord. 21-2234, Att. A (El 2, part), 2021;
Ord. 1401, (part), 1987)
2.80.100 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any powers of the City Council or City
officers. (Ord. 1401, (part), 1987)
2022 S-85
2.86.010
CHAPTER 2.86: HOUSING COMMISSION*
Section
2.86.010
2.86.020
2.86.030
2.86.040
2.86.050
2.86.060
2.86.070
2.86.080
2.86.090
2.86. 100
2.86.110
2.86. 120
2.86. 130
Established-Composition.
Members-Residency-Selection.
Terms of Office.
Members-Vacancy prior to expiration of a
term.
Cliairperson.
Meetings.
Compensation-Expenses.
Majority vote required.
Records.
Duties-Powers-Responsibilities.
City staff assistance.
Procedural rules.
Effect.
Editor's note: The title of this chapter was
amended from Housing Committee by Ord.
1892, and from Affordable Housing Committee
by Ord. 1722.
2.86.010 Established-Composition.
A. The Housing Commission of the City is
established. The Housing Commission sliall consist of five
members as follows:
1. Representative fron'i a Cupertino business,
2. Four community members,
B. The representatives from a Cupertino business
and the community members shall not be officials or
employees of tl'ie City, nor cohabit with, as defined by law,
nor be related by blood or marriage, to any member of the
Commission, the City Manager or the staff person(s)
assigned to this Commission.
C. Tlie Director of Community Development, or his
or her designee, sl'iall provide technical assistance to the
Commission. (Ord. 2185, (part), 2019; Ord. 2062, (part),
2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996;
Ord. 1641, 8, 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.86.020 Members-Residency-Selection.
A, The Housing Commission member tbat is tlie
representative of a business is not required to be a Cupertino
resident, but the business represented must be located in
Cupertino. Tlie four community members must be residents
of Cupertino.
B. In selection of community members, the City
Council may give priority to:
1. Applicants wlio represent the Community
DevelopmentBlock Grant (CDBG) target areas as described
in the city's Consolidated Plan.
2. Applicants who are familiar with the operation of
affordable housing;
3. Applicants who represent non-profit conununity
organizations; and
4. Applicants who are knowledgeable about the
liousing needs of groups targeted for affordable housing
development which include, but are not limited to, the
following:
1. Seniors,
2. Single parent fantilies,
3. Homeless persons,
4. Families of low income,
5. Disabled persons,
6. Renters,
7. Firsttiniehomebuyers. (Ord. 2185, (part), 2019;
Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord.
1722, (part), 1996; Ord. 1641, (i I (part), 1994; Ord. 1576,
§ 1 (part), 1992)
2.86.030 Terms of Office.
A. Housing commissioners serve at the pleasure of
the City Council. The term of office of tlie members of the
Housing Commission shall be for four years commencing on
the date of their respective appointments to the Housing
Commission or its predecessor Commission and shall end on
January 30th of the year their terms are due to expire. No
member shall serve more than two consecutive terms except
that a member may serve more than two consecutive tems
if he or she has been appointed to the Commission to fill an
unexpired term of less tl'ian two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by the Resolution of the Cupertino City Council
wliich governs advisory bodies. (Ord. 18-2180, § 9 (part),
2018; Ord. 2062, (part), 2010; Ord. 1974, § 3, 2006; Ord.
1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1
(part), 1994; Ord. 1576, § I (part), 1992)
63
2019 S-73
2.86.040 Cupertino - Admtnistration and Personnel 64
2.86.040 Members-Vacancy Prior to Expiration of a
Term.
If a vacancy occurs other than by expiration of a term,
it shall be filled by the City Council's appointment for the
unexpired portion of the term. (Ord. 2062, (part), 2010;
Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord.
1576, § 1 (part), 1992)
2.86.050 Chairperson.
The Chairperson and Vice Chairperson shall be elected
from among Commission members. Terms shall be for one
year. (Ord. 2062, (part), 2010; Ord. 2015, (i4, 2008; Ord.
1892, (part), 2002; Ord. I641, F3 I (part), 1994; Ord. 1576,
§ 1 (part), 1992)
2.86.060 Meetings.
A. TheHousingCommissionshallestablisharegular
time and place of meeting and niles of conduct thereof and
shall hold at least one regular meeting each quarter.
B. A majority of the Housing Commission shall
constitute a quoruin for the purpose of transacting the
business of the Cornrnission. (Ord. 2062, (part), 2010; Ord.
1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697,
(part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, 8, 1
(part), 1992)
2.86.070 Compensation-Expenses.
Members of the Housing Commission shall serve
without compensation. Commissioners may be reimbursed
for necessary expenses reasonably incurred by them while
acting in their official capacity subject to the approval of tlie
City Manager. (Ord. 21-2234, Att. A (§ 2, part), 2021;
Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord.
1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, 8, 1
(part), 1994; Ord. 1576, S, 1 (part), 1992)
2.86.080 Majority Vote Required.
A majority vote of the quonim is required to approve
a recommendation on any matter that is presented to tlie
Commission which requires a vote. (Ord. 2062, (part),
2010; Ord. 1892, (part), 2002; Ord. 1641, 8) l (part), 1994;
Ord. 1576, 8, 1 (part), 1992)
2.86.090 Records.
The Commission shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Council and Planning Commission as may be
required. These records sliall be filed with the City Clerk.
(Ord. 18-2180, 8, 9 (part), 2018; Ord. 2062, (part), 2mO;
Ord. 1892, (part), 2002; Ord. 1641, Fffi 1 (part), 1994; Ord.
1576, FBI I (part), 1992)
2.86.100 Duties-Powers-Responsibfflties.
The powers and functions of the Housing Commission
shall be as follows:
A. To assist the Planning Commission and the City
Council in developing housing policies and strategies for
implementation of general plan housing element goals;
B. To recommend policies for implementation and
monitoring of affordable housing projects;
C. To facilitate innovative approaclies to affordable
housing development and to generate ideas and interest in
pursuing a variety of housing options;
D. When requested by the Director of Community
Developmentor the City Council, to make recommendations
to the Planning Commission and the City Council regarding
affordablehousingproposals inconnectionwith applications
for deveIopment including, but not Iimited to,
recommendations for possible fee waivers, other incentives,
the number and type of affordable units and the target
groups to be served. Any refenal to the Housing
Cominission shall be limited to consideration of affordable
housing proposals which exceed normal housing
requirements under the applicable provisions of the City's
general plan or ordinances related thereto;
E. To make recommendations regarding requests for
money from the CDBG and Affordable Housing Funds;
F. Toprovideinformationaboutaffordablehousing;
G. Tomeetwithneighborliood,community,regional
and business groups as necessary to receive input and assist
in generating affordable liousing;
H. To help identify sources of funds to develop and
build affordable housing;
I. To perform any other advisory functions
authorized by the City Council. (Ord. 2062, (part), 2010;
Ord. 1892, (partl 2002; Ord. 1722, (part), 1996; Ord.
1641, S, l (part), 1994; Ord. 1576, § l (part), 1992)
2.86.110 City Staff Assistance.
The Housing Commission shall have available to it
such assistance of City staff as n'iay be required to perform
its fiinctions, the staff assigntnents and administrative
procedures to be under the general direction and supervision
of the Director of Community Development. (Ord. 2062,
(part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part),
1996; Ord. 1641, F§ 1 (part), 1994; Ord. 1576, § 1 (part),
1992)
2.86.120 Procedural Rules.
The Housing Commissionmay adoptfrom time to time
such rules of procedure as it may deem necessary to
properly exercise its powers and duties. Sucli niles shall be
kept on file with the chairperson of the Housing
Commission, the Mayor, and the City Clerk, and a copy
thereofshallbefurnishedtoanypersonuponrequest. (Ord.
2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722,
(part), 1996; Ord. 1641, e) 1 (part), 1994; Ord. 1576, e) 1
(part), 1992)
2022 S-85
2.92.010
CHAPTER 2.92: BICYCLE PEDESTRIAN COMMISSION
Section
2.92.010
2.92.020
2.92.030
2.92.040
2.92.050
2.92.060
2.92.070
2.92.080
2.92.090
2.92.100
2.92.110
Established-Composition.
Terms of Office.
Members-Vacancy and removal.
Chairperson.
Meetings-Quonim.
Majority vote required.
Records.
Powers and functions.
Compensation-Expenses.
Procedural rules.
Effect.
2.92.010 Established-Composition.
The Bicycle Pedestrian Coinmission of the City is
established. The Bicycle Pedestrian Commission shall
consist of five members, none of whom shall be officials or
employees of the City, nor cohabit with as defined by law,
nor be related by blood or marriage to any member of tlie
Commission, the City Manager or any staff person(s) who
may be assigned by the City Manager to assist this
Commission. All members sliall be City of Cupertino
residents. Members of the Bicycle Pedestrian Commission
shall be appointed by the City Council. (Ord. 1895, (part),
2002)
2.92.020 Terms of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the Bicycle
Pedestrian Commission shall be for four years and shall end
on January 30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms,
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than tsvo years.
B. The appointment, reappointment and niles
governing incumbent members of the Commission are
governed by the Resolution of the Cupertino City Council
which governs advisory bodies. (Ord. 18-2180, § 12 (part),
2018; Ord. 2015, 8, 2, 2008; Ord. 1895, (part), 2002)
2.92.030 Members-Vacancy and Removal.
Any appointee member may be removed by a majority
vote of the City Council. If a vacancy occurs other than by
expiration of a term, it shall be filled by the City Council's
appointment for the unexpired portion of the term. (Ord.
1895, (part), 2002)
2.92.040 Chairperson.
The Commission shall elect its chairperson and vice-
chairperson from among its members and shall appoint a
secretary. Terms of the chair and vice-chair shall be for one
year. (Ord. 2015, § 2, 2008; Ord. 1895, (part), 2002)
2.92.050 Meetings-Quorum.
A. The Bicycle Pedestrian Commission shall
establish a regular place of meeting and rules of conduct
thereof and shall l'iold at least one regular meeting every
other month, unless a regular meeting is cancelled by
direction of the Commission cliairperson.
B. A majority of the Bicycle Pedestrian Commission
shall constitute a quorum for the purpose of transacting the
business of the Commission. (Ord. 1964, § 4, 2005; Ord.
1895, (part), 2002)
2.92.060 Majority Vote Required.
A majority vote is required to approve a
recommendation on any matter that is presented to the
Commission that requires a vote. (Ord. 1895, (part), 2002)
2.92.070 Records.
The Commission shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Council as may be required. These records shall
be filed with the City Clerk. (Ord. 18-2180, § 12 (part),
2018; Ord. 1895, (part), 2002)
2.92.080 Pouiers and Functions.
A. The powers and functions of the Bicycle
Pedestrian Commission shall be to review, monitor and
suggest recommendations for City transportation matters
including, but not limited to, bicycle and pedestrian traffic,
parking, education and recreation within Cupertino.
71
2018 S-70
2.92.080 Cupertino - Adtninistrahon and Personnel
B. To fuIfill their mission, the Commission may
involve itself in the following activities:
1. To monitor and update the bicycle transportation
plan and pedestrian transportation guidelines;
2 Tosuggestrecommendations,reviewandmonitor
the City's general plan transportation element;
3. To receive pubIic input pertaining to bicycle and
pedestrian transportation and infrastructure issues;
4. To make recommendations regarding the
implementationofroadway and transportation improvements
as it pertains to bicycle and pedestrian needs;
5. To make recommendations regarding the
allocation of funds for capital expenditures relating to
bicycle and pedestrian transportation;
6. Any other activity that may be deemed
appropriate and necessary. (Ord. 1895, (part), 2002)
2.92.090 Compensation-Expenses.
Members of the Bicycle Pedestrian Commission sliall
serve without compensation. Commissioners may be
reimbursed for necessary expenses reasonably incurred by
them while acting in their official capacity subject to the
approval of the City Manager. (Ord. 21-2234, Att. A (§ 2,
part), 2021; Ord. 1895, (part), 2002)
2.92.100 Procedural Rules.
The Commission may adopt from time to time such
niles of procedure as it may deem necessary to properly
exercise its powers and duties. Sucli rules shall be kept on
file with the chairperson of the Commission, the Mayor and
the City Clerk, and a copy thereof shall be furnished to any
person on request. (Ord. 1895, (part), 2002)
2.92.110 Effect.
Nothing in this chapter shall be construed as restricting
any powers of the City Council or City officers. (Ord.
I895, (part), 2002)
(l
2022 S-85
CHAPTER 2.110: TELECONFERENCE MEETINGS
Section
2.110.010 Teleconference meetings.
2.110.010 Teleconference Meetings.
A. Notwithstanding Section 2.04.030 or any other
provision of this Title, the City Council may meet by
teleconference withoutproviding apliysical meeting location
if it complies with the requirements of Government Code
Section 54593(e).
B. The City Council may by resolution require or
permit any other commission, board, or committee
organized under this Title to meet by teleconference without
providing a physical meeting location, provided that the
requirements of Government Code Section 54593(e) are
satisfied.
C. For meetings where a physical location is
provided, the City Council may adopt rules, policies, and
procedures to allow for public access to the meeting via
teleconference.
(Ord. 21-2234, Att. A (§ 5), 2021)
83
2.110.010
2022 S-85
Cupertino - Administration and Personnel 84
r
2022 S-85
3.23.010
CHAPTER 3.23: PUBLIC WORKS CONTRACT AND BmDING PROCEDURES
Section
3.23.010
3.23.020
3.23.030
3.23.040
3.23.050
3.23.060
3.23.070
3.23.080
3.23.090
3.23.100
3.23.110
3.23.120
3.23.130
3.23.140
3.23.150
3.23.160
3.23.170
Purpose.
Definitions.
Competitive bidding.
Notice inviting bids.
Presentation of bids-Security
required-Subcontractor designated in bid.
Opening bids.
Award of contract.
Forfeiture of security.
Award of contract to next lowest
bidder-Failure to execute contract.
Award of contract to next lowest
bidder-Lowest bidder
irresponsible-Notice and hearing.
Rejection of bids-Identical bids-Absence
of bids.
Informal bidding procedure for public
works projects.
Exempt from bidding requirements.
Performance bond of successful bidder.
Deposit of proceeds.
Additional uiork by City authority.
Deletions of work by City authority.
3.23.010 Purpose.
Tliis chapter is enacted to enhance competition, to
prevent corruption and undue influence in the awarding of
public works contracts, and to clarify the City's competitive
bidding requirements established pursuant to Part 3 of the
California Public Contract Code, Sections 20100 et seq.
(Ord. 1583, 8, 1 (part), 1992)
3,23.020 Definitions.
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given in
this section:
1. "Bid" means any proposal submitted to the City
in competitive bidding for the constniction, alteration, repair
or improvement of any structure, building, road or other
improvement of any kind.
2. "Lowest responsible bidder" means the lowest
monetary bidder who has demonstrated the attribute of
trustworthiness as well as quality, fitness, capacity and
17
experience to satisfactorily perform the public works
contract sought.
3. "Public works contract" means an agreement for
the erection, construction, alteration, repair or improvement
of any public structure, building, road or other public
improvement of any kind.
4. "Public works project" means:
a. The erection, improvement, painting or repair of
public buildings and works;
b. Work to protect against overflow of streams,
bays, waterfronts or embankments;
c. Street or sewer work except for maintenance or
repair thereof;
d. Furnishing supplies or materials for any such
project, including the maintenance or repair of streets or
sewers. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1
(part), 1992)
3.23.030 Competitive Bidding.
Except as otherwise provided for inthis chapter, public
works projects with an estimated dollar value in excess of
the required dollar value for competitive bidding established
by section 22032(a) of the California Public Contracts Code,
as may be amended, shall be contracted for pursuant to the
procedures prescribed in this chapter. (Ord. 1897, § 2
(part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143,
§ 1, 2016)
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and
published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the public works project
to be performed;
2. The location where bid blanks and specifications
may be secured;
3. i The time and place for opening bids;
4. The type and amount of bidder's security
required;
5. The class of license required for the public works
to be performed; and
6. A statement that the City has the authority to
reject any and all bids and may waive any minor technicality
or variance from the bid specifications
2016 S-56
3.23.040 Cupertino - Revenue and Finance 18
B. The notice inviting bids shall be:
1. Published in a newspaper of general
circulation printed and published in the City at least the
number of days specified in Section 22037 of the Califoria
Public Contract Code, as may be amended, before the
opening of bids; and
2. Provided to all constniction and trade journals
specified in Section 22036 of the California Public Contract
Code, or as may be amended, at least the number of days
and by tlie methods set forth in Section 22037 of the
California Public Contracts Code, as may be amended.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, 8, 1 (part), 1992;
Ord. 16-2143, § 2, 2016)
3.23.050 Presentation of Bids-Security
Required-Subcontractor Designated in Bid.
A. All bids shall be presented under sealed cover
(identified as bids on the envelope), submitted to the City
Clerk and accompanied by one of the following forms of
bidder's security:
1. Cash;
2. A cashier's clieck made payable to the City;
3. A certified clieck made payable to the City;
4. A bidder's bond executed by an admitted surety
insurer, made payable to the City.
B. The security shall be in an amount equal to at
least ten percent of the amount of the bid, or such other sum
as may be authorized by the California Public Contract
Code. A bid shall not be considered unless one of the forms
of bidder's security is enclosed with it.
C. Upon award of the contract to the lowest
responsible bidder, the securiq of an unsuccessful bidder
sliall be returned in a reasonable period of time, but in no
event shall such security be held by the City beyond ninety
days from the date the notice of award of contract is n'iailed.
D. All bidders on a public works project must
designate in their bids the name, address, the portion of the
work each subcontractor will perform, and other
information as required by Section 4101(a)(1) of the
California Public Contract Code, as may be amended, of
each subcontractor:
1. Whowfflperformworkexceedingone-halfofone
percent of the prime contractor's total bid, or
2. Who meet or exceed the thresholds for specific
qpcs of work as specified in Section 4101(a)(1) of the
California Public Contracts Code, as may be amended.
E. The prime contractor shall list only one
subcontractor for each portion of work as is defined by the
prime contractor in their bid. (Ord. 1897, § 2 (part), 2002;
Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016)
3.23.060 0pening Bids.
Bids sliall be opened on the date stated in the notice
inviting bids. A tabulation of all bids received shall be
posted on tl'ie City's website within 48 hours of the bid
opening and will remain posted for a period of not less than
fifieen calendar days after the bid opening. Any bid whicli
is submitted after the time specified in the notice shall not be
considered. (Ord. 21-2234, Att. A (§ 6), 2021; Ord. 1583,
Ffi 1 (part), 1992)
3.23.070 Award of Contract.
Contracts shall be awarded by the City Council to the
lowest responsible bidder except as otherwise provided in
tliis chapter. (Ord. 1583, § 1 (part), 1992)
3.23.080 Forfeiture of Security.
If the successful bidder fails to execute the contract
within ten days afier the date the notice of award of contract
is mailed, unless the City is responsible for the delay, the
amount of the bidder's security shall be forfeited to tbe City
except as provided in Section 3.23.090. (Ord. 1583, Ffi 1
(part), 1992)
3.23.090 Award of Contract to next Lowest
Bidder-Failure to Execute Contract.
The City Council may, on refusal or failure to the
successful bidder to execute the contract within ten days
after the date tlie notice of award of contract is mailed,
unless the City is responsible for the delay, award it to the
next lowest responsible bidder. If the City Council awards
the contract to the second lowest bidder, the amount of the
lowest bidder's security shall be applied by the City to the
difference between the low bid and the second lowest bid,
and the surplus, if any, shall be returned to the lowest bidder
if cash or a check is used, or to the bidder's surety if a bond
is used. (Ord. 1583, § I (part), 1992)
3.23.100 Award of Contract to Next Lowest
Bidder-Lowest Bidder Irresponsible-Notice
and Hearing.
A. The City Council, in its sole discretion, may
reject the lowest bid upon specific findings that the lowest
bidder is not responsible. To deterrn3ne responsibility, the
City Council may consider, among other things, the bidder's
fuiancial responsibility, type of license, type of equipment,
number of years experience in construction work, other
projects bidder worked on in the last five years, whether
bidder has failed to complete any contract and bidder's
ability to be bonded.
B. If the City Council rejects the lowest bid upon its
determination that the Iowest bidder is not responsible, the
City shall do the following:
1. Give notice of the City Council's decision to the
lowest bidder, setting forth the reasons why he/she is not
considered the lowest "responsible" bidder;
2. In the notice, give bidder an opportunity to ask
for a pre-award hearing before the City Council on the
issue;
2022 S-85
8.06.010
CHAffER 8.06: DANGEROUS ANIMALS
Section
8.06.010 Permit for dangerous and/or vicious
animals.
8.06.020 Permit denial.
8.06.030 Permit period and fee.
8.06.040 Penalty.
8.06.010 Permit for Dangerous And/or Vicious
Animals.
A. No person shall keep, have, maintain, sell, trade,
or let for hire a dangerous and/or vicious aninial without
first obtaining a permit from the City Manager. The
application for a permit, permit conditions, inspection,
denial, revocation, and appeal shall be in accord with the
provisions of this chapter.
B. No permit shall be required of any zoo,
university, college, govemmental research agency or other
bona fide scientific institutions, as determined by the City
Manager, engaging in scientific or public health research.
For the purposes of this title, a zoo shall be considered any
organization that exhibits animals to the general public at
regular specified hours, equaling at least thirty hours a week
for thirty-six weeks a year, and whose animals, whether
maintained for exhibit purposes or not, are not for sale to
private individuals.
C. The owner of a vicious and/or dangerous animal
shall post at the entrances to the property where the animal
is kept with a legible sign at least twelve incl'ies square,
warning persons of a vicious and/or dangerous animal.
(Ord. 1644, § 2 (part), 1994)
8.06.020 Permit Denial.
A. Notwithstandinganythingtothecontrary,theCity
Manager may deny or revoke a permit to keep or maintain
any dangerous aninial when, in liis or her opinion:
1. Any such anin'ial may not be kept or maintained
without endangering the. safety of any person(s) or
property; or
2. The keeping of the animal would constitute a
public nuisance; or
3. Theanimalwouldbesubjecttosuffering,neglect,
cnielty or abuse.
B. The City Manager in his or her discretion may
require any such animal to be properly caged, tethered, or
restrained in zoo-type facilities that meet or are in addition
to, or more restrictive than, State guidelines issued under the
provisions of Section 671 of Title 14 of the California Code
of Regulations and federal standards issued under Chapter
I of Title 9 of the Code of Federal Regulations.
C. Nothing in this chapter shall be construed to
permit the keeping of dangerous animals wliere zoning
provisions or State law would proliibit sucli keeping. (Ord.
1644, § 2 (part), 1994)
8.06.030 Petmit Period and Fee.
The fee for a permit to keep or maintain one or more
dangerous animals shall be for a twelve-month term, and
sliall be set by resolution of the City Council. The permit
shall expire and be renewable as set fortli in Section
8.05.040. (Ord. 21-2234, Att. A (§ 7), 2021; Ord. 1644,
8, 2 (part), 1994)
8.06.040 Penalty.
Except where otherwise specified, any person who
violates any of the provisions of this chapter sliall be guilty
of a misdemeanor and, upon conviction thereof, shall be
punished as provided in Chapter 1. 12. (Ord. 1886, (part),
2001)
17
2022 S-85
Cupertino - Animals 18
(l
11.08,010
CHAPTER 11.08: BICYCLES"'
Section
1.08.010
1.08.011
1.08.012
1.08.013
1.08.014
1.08.015
1.08.020
1.08.030
1.08.040
1.08.050
1.08.060
1.08.061
.08.070
.os.oso
.os.ogo
.os. 100
.08.110
.os. 120
.os. 130
.os. 140
.os. 150
.os. 160
.08.170
.os. 180
.os. 190
11.08.200
11.08.210
11.08.220
11.08.230
11.08.240
11.08.250
11.08.260
11.08.270
11.08.280
Bicycle-Definitions.
Motor-driven cycle.
Motorized bicycle.
Motorized quadricycle.
Roller skates.
Skateboard.
Reserved.
Administrative authority.
Reserved.
Reserved.
Reserved.
Bicycle serial numbers and
identifying marks - Proliibited acts.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Equipment.
Laws applicable to bicycle use.
Operation on roadway.
Riding-On pedestrian facilities.
Hitching rides.
Exemptions.
Permitted movements from bicycle
lanes.
Walking bicycles.
Riding on bicycles.
Carrying articles.
Motor vehicles and motorized
bicycles in bicycle lanes.
Impoundment.
Bicycle lanes-Designated.
Bicycle route-Designated.
Prohibition of skateboarding and
roller skating.
Penalty
Prior ordinance history: Ords. 708, 741, 1068,
1071, 1173, 1228 and 1381.
For stanitory provisions authorizing local
authorities to pass ordinances not in conflict
with state law with respect to the operation, use, licensing,
and equipment of bicycles, see Veli. Code FSI 21206; for
statutory provisions autl'iorizing local authorities to establish
bicycle lanes, and to regulate the operation of bicycles and
vehicles witl'i respect thereto, see Veh. Code 81 21207; for
statutory provisions setting forth certain equipment
requirements for bicycles, see Veli Code tj2120l and Veh.
Code § 21201.5; for statutory provisions relating to the
registration and licensing of bicycles, see Veh. Code
§ 39000 et. seq.
11.08.010 Bicycle-Definitions.
"Bicycle," for the purposes of this cliapter, means a
device upon which any person may ride, propelled
exclusively by liuman power through a belt, chain or gears
having one or more wlieels. (Ord. 1420, (part), 1987)
11.08.011 Motor-Driven Cycle.
A "motor-driven cycle" is any motorcycle, including
every motor scooter, witl'i a motor which produces less than
fifteen gross brake horsepower, and every bicycle with
motor attached. "Motor-driven cycle" does not include a
"motorizedbicycle"asdefinedinSectionll.08.Ol2. (Ord.
1420, (part), 1987)
11.08.012 Motorized Bicycle.
A "motorized bicycle" or "moped" is any two-wheeled
or three-wheeled device having fully operational pedals for
propulsion by humanpower, or having no pedals if powered
solely by electrical energy, and an automatic transmission
and a motor wich produces less than two gross brake
horsepower and is capable of propelling the device at a
maximum speed of not more than thirty miles per hour on
level ground. (Ord. 1420, (part), 1987)
11.08.013 Motorized Quadricycle.
A "motorized quadricycle" is a four-wheeled device
designed to carry not more than two persons, including the
driver, and having either an electric motor or a motor with
an automatic transmission developing less than two gross
brake horsepower and capable of propelling the device at a
9
2022 S-85
11.08.013 Cupertino - Vehicles and Traffic 10
maximum speed of not more than thirty miles per hour on
level ground. The device shall be utilized only by a person
who by reason of physical disability is otherwise unable to
move about as a pedestrian, or by a senior citizen as defined
in Section 13000 of the California Vehicle Code. (Ord.
1420, (part), 1987)
11.08.014 Roller Skates.
"Roller skates" are any footwear, or device which may
be attached to the foot or footwear, to which wheels are
attached, including wheels that are "in line" and where such
wheels may be used to aid the wearer in moving or
propulsion. (Ord. 1767, (partl 1997)
11.08.015 Skateboard.
"Skateboard" is any board of any material, which lias
wheels attached to it and is propelled or moved by human,
gravitational, or meclianical power, and to which there is
not fixed any device or mechanism to turn or control the
wheels. (Ord. 1767, (part), 1997)
11.08.020 Reserved.
11.08.030 Administrative Authority.
There are 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 sucli officers
and employees of the City, and of other cooperating public
agencies, such as either the Central Fire District or the
Sheriff's Department, as well as private persons such as
bicycle retailers, as may be required to assist him in
carrying out the intent and purpose of this chapter. (Ord.
1420, (part), 1987)
11.08.040 Reserved.
11.08.050 Reserved.
ILO8.060 Reserved,
11.08.061 Bicycle Serial Numbers and Identifying
Marks - Prohibited Acts.
It is unIawful for any person to tamper with, destroy,
mutilate or alter any serial number or the manufacturer's
identifying marks on any bicycle frame. (Ord. 20-2214,
2020; Ord. 1420, (part), 1987)
11.08.070 Reserved,
11.08.080 Reserved.
2022 S-85
7 Street Improvements 14.04.120
14.04.120 Rules and Regulations.
The City Engineer shall have the power to establish
reasonable rules and regulations consistent with the
provisions of this chapter for the purpose of its
administration and enforcement. Said rules and regulations
shall be effective upon approval thereof by the city council.
(Ord. 1094, (part), 1981)
14.04.125 Rules and Regulations for Installation,
Modification or Removal of Traffic
Diverters.
A. Definitions.
1. A "diagonal diverter" extends through the center
of an intersection from one corner to the opposite comer
across an intersection forcing a turn to the right or left.
2. A "full diverter" (cul-de-sac type) is placed
across both lanes of traffic and prohibits both exit from and
entrance to a street
3. "Local street" means any street other than a
major or minor collector as shown in Table 4-B of the
circulation element of the General Plan. The circulation
element calls for the deliberate discouragement of through
traffic of such streets.
4. "Official traffic-control signs" means the signs
approved by Caltrans in accordance with the California
Vehicle Code Section 21400.
5. A "sernidiverter" is placed across one lane of
traffic and prohibits entry to or exit from a street.
6. "Traffic diverter" means a roadway design
feature which is placed upon a street or roadway in order to
prohibit vehicular traffic from entering to or exiting from or
both to and from any street.
B. Rules.
1. Traffic diverters shall be placed only on streets
under the jurisdiction of the City.
2. Traffic diverters shall be placed only on local
streets.
3. The diverter shall be in conformance with the
policies of the circulation element of the General Plan.
4. Placement of diverters shall be consistent with the
responsibility of the City to provide for the health and safety
of its citizens, including provision of emergency vehicle
access, effective decreases in exposure to noise and
pollution, and decreasing accidents and energy use.
5. Appropriate traffic-control signs shall be placed
on and in the vicinity of each diverter.
C. Regulations.
1. A request for installation, removal or
modification of a diverter may be initiated by the
Department of Public Works or by the City Council. The
request shall specify the proposed action and state reasons
for the suggested installation, removal or modification of a
diverter.
2. Each request for installation, removal or
modification of a diverter sliall be reviewed by staff, who
shall prepare a written report containing the following
information to be submitted to the City Council:
a. The actions proposed and the reasons for support
of the request For existing diverters, the report shall include
the history of the diverter, including the date of installation,
reason why it was installed, complaints received, if any, and
statements of support received, if any;
b. Existing conditions in the area which would be
affected by the proposed installation, removal or
modification include, but are not limited to:
i. Traffic volumes, patterns and speeds,
ii. Existing traffic control and traffic-control and
traffic-management devices,
iii. On-street parking levels and patterns,
iv. Accident data, and
v. Emergency-vehicle access routes, public transit
and school bus routes, and other public service and delivery
routes.
Both the streets directly affected by the diverter and the
streets wl'ffch would be expected to handle diverted traffic
shall be considered. For existing diverters, the accident data
should include an assessment of the role, if any, tl'iat the
diverter may have played (both positive and negative);
c. Design options of the diverter or diverters;
d. Probable impacts of the proposed installation,
removal or modification, including but not limited to
impacts on the conditions described under subsection C2b of
this section; on air pollution, fuel use, and noise; on transit
service; on emergency-vehicle access times; on residential
quality of life, and estimated costs. Both streets directly
affected by the diverter or diverters and the streets which
would be expected to handle diverted traffic sliall be
considered;
e. Staff shall request comments on the proposed
diverter from the Departments of Public Safety and
Community Development and the County Transit District if
any routes are impacted, and sliall attacl'i these comments to
the report;
f. Alternatives to the proposed action;
g. Statements or fu'idings necessaty to comply with
the California Enviromnental Quality Act;
li. Staff recommendation.
3. In addition to transmitting the staff report to the
City Council, staff shall also send copies of the report to the
initiator of the request, to neighborhood organizations in the
area of the proposed action, to individuals who have stated
an interest in such matters, and to the County Transit
District if any bus routes are inipacted.
4. Notice of a public hearing sliall be given pursuant
to the manner set forth in Chapter 19. 116 of the Cupertino
Municipal Code.
2022 S-85
14.04.125 Cupertino - Streets, Sidewalks and Landscaping 8
5. After the close of the public hearing, the City
Council may order a report recommending that a diverter or
diverters be installed or removed or modified, or that no
change be made. The report shall contain written findings
that the proposed action meets each of the requirements set
forth in subsection B of this section, shall specify the effect
of the proposed action on traffic volume and on the health
and safety of Cupertino citizens as outlined in subsection B4
of this section, and that the action complies with CEQA.
'he City Council may adopt the staff report as the findings
in support of its decision.
6. The Public Works Department shall process the
appropriate environmental document.
7. The Director of Public Works shall submit all
reports generated pursuant to these regulations to the City
Council.
8. The City Council shall by resolution authorize the
installation, removal or modification of any diverter. If the
proposal is for the installation of a new diverter, then the
Director of Public Works shall review the diverter after six
months of operation concerning any and report the
conclusions of operation concerning any impacts as outlined
in subsection C2b of this section and report the conclusions
of such review to the City Council.
D. Improvements. TheDepartmentofPublicWorks
shall consider physical improvements for the designated
diverters during each year's budget process. Any such
improvements shall be processed in the same manner as any
capital improvement in the City, except that the Department
of Public Works may accept contributions in cash or in kind
to provide for improvements of diverters. First priority
shall be given to improving any diverter to enhance public
healtl'iandsafety. Secondpriorityforplacementofphysical
improvements shall be given to diverters in order of their
date of installation. (Ord. 21-2234, Att. A (§ 9, partl
2021; Ord. 1611, 8, 1, 1992)
14.04.130 Dedication-Requirements.
For the purpose of determining the length and width of
street rights-of-way, which shall be dedicated and iniproved
under the provisions of this chapter, the following rules shall
apply:
A. Dedication and improvement shall be for the full
length of the property line (of the parcel for which the
permit is sought) abutting the street for which dedication and
improvementisrequired. Dedicationandimprovementshall
be made for the full length of the property line of each lot or
lots to which said building permit, pIanned development
permit, use permit, or site and architectural approval
applies. In case of flag lots whose building site is accessible
only via a strip providing connection to a public street, tl'ie
extent of street improvement required shall consist of not
less than one-half the projected width of such lots measured
along the adjacent street for which improvements are
required;
B. Provided, however, that where there are two or
more adjoining parcels of property under the same
ownership, each parcel shall be deemed to be a separate
parcel unless the permit sought relates to the use or uses of
more than one parcel, or to a building or buildings, or
structure or stt'uctures (including, but not limited to,
appurtenant facilities, parking facilities, front, side and rear
yards) on more than one parcel. If the permit sought relates
to the use or uses of more than one parcel, or to a building
or buildings, or strucffire or structures (including, but not
limited to, appurtenant facilities, parking facilities, front,
side and rear yards) on more than one parcel, dedication and
improvement shall be for the full length of the property line
abutting the street for which dedication and improvement is
required for each parcel to which said permit relates.
C. The permittee may be required to dedicate and
improve walkways to long blocks, or to provide access to
school, park or other public areas.
D. When the rear or side lines of any lots border any
major or secondary street, highway or parkway, the
permittee may be required to execute and deliver to the City
an instniment deemed sufficient by the City Attorney,
prohibiting the right of ingress and egress to such lots across
the sidelines of such street, highway or parkway.
E. When any lots are proposed for commercial or
industrial usage, alleys at least twenty feet in width shall be
dedicated at such locations as may be required by the
architectural and site control committee and the City
Council, with adequate ingress and egress for truck traffic.
F. The permittee shall grant easements not less than
ten feet in width for public utility and drainage purposes
along the rear lot lines, along side lot lines and along front
lot lines, wherever necessary. Easements of lesser widths
may be allowed after ten days' written notice to the affected
utility company or companies, wlien, at the determination of
the City Engineer, the purpose of the easement may be
accomplished by easements of lesser width, and provided
that, in such determination, the City Engineer shall prescribe
the width of such easement. Upon receipt of notice, the
affected utility may present its objections or
recommendations to the City Engineer, which sliall hear and
nile upon the objections or recommendations. Dedication of
easements shall be for the purpose of installing utilities and
for other public purposes, as may be ordered or directed by
the City Engineer. Underground utilities shall be required
in accordance with Chapter 14.24, except where the
requirement is waived by the planning commission pursuant
to an approved planned development permit and/or use
permit excepting or conditioning the requirement.
G. The permittee shall, subject to existing water
rights, dedicate a right-of-way for storm drainage purposes
conforming substantially with the lines of any natural water
course or channel, stream or creek that traverses the
(1'
2022 S-85
35 Protected Trees 14.18.050
d. Quercus douglasii (Blue Oak);
e. Quercus wislizeni (Interior Live Oak);
2. Aesculus californica (California Buckeye);
3. Acer macrophyllum (Big Leaf Maple);
4. Cednis deodara (Deodar Cedar) ;
5. Cednis atlantica 'Glauca' (Blue Atlas Cedar);
6. Umbellularia californica (Bay Laurel or
California Bay); and
7. Platanus racemosa (Western Sycamore).
C. Approved development trees(s).
D. Approved privacy protection planting in R-I
zoning districts. (Ord. 14-2121, § 3 (part), 2014; Ord.
13-2107, § 2 (part), 2013; Ord. 2085, F§ 2 (part), 2011; Ord.
2003, 2007)
14.18,060 Plan of Protection.
As pan of a development application:
A. The approval authority shall adopt a maintenance
p2an for protected trees. It shall be the property owner(s)
responsibility to protect the trees.
B. Privacy planting in R-1 zoning districts shall be
maintained. Landscape planting maintenance include
irrigation, fertilization and pruning as necessary to yield a
growth rate expected for a particular species. lVhere privacy
planting dies, it must be replaced within thirty days with the
location, size and species described in Ordinance No. 1799
(privacy protection) and its appendix. The affected property
owner, with privacy protection planting on his or her lot, is
required to maintain the required planting and shall be
required to comply with Section 14. 18. 100. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013; Ord. 2085,
§ 2 (part), 2011; Ord. 2003, 2007; Ord. 1810, (part), 1999;
Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991)
14.18.070 Heritage Tree Designation.
A. Initiated by. Application for designation of a
heritage tree may only be initiated by the owner of property
on wliich tlie tree is located, unless the tree is located on
public or quasi-public property. Any person may apply for
a designation of a heritage tree if the tree(s) are located on
public or quasi-public property.
B Application. In addition to requirements of
Section 14.18.110, an application for a heritage tree
designation shall include:
1. Assessor's parcel number of the site;
2. Descriptiondetailingtheproposedheritagetree's
special aesthetic, cultural, or historical value of significance
to tbe community; and
3. Photographs of the tree(s).
C. ApprovaIl authority.
1. Applicationfordesignationofaheritagetreesliall
be referred to the Planning Commission for review and
determination in accordance with Chapter 19.12 of the
Cupertino Municipal Code.
2. The Plag Commission, may, by resolution,
designate a tree or grove of trees as a heritage tree(s). (Ord.
14-2121, § 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013:
Ord. 2085, F§ 2 (part), 2011; Ord. 2003, 2007; Ord. 1715,
(part), 1996; Ord. 1630, (part), 1993; Ord. 1543, F3 4.2,
1991)
14.18.080 Heritage Tree List.
A heritage tree list shall be created and amended by
resolution. The list shall include the reason for designation,
tree circumference, species nanie, common name, location
and heritage tree number. (Ord. 14-2121, § 3 (part), 2014;
Ord. 13-2107, § 2 (part), 2013; Ord. 2085, § 2 (part), 2011 ;
Ord. 2003, 2007; Ord. 1543, § 4.3, 1991)
14.18.090 Heritage Tree Identification Tag.
Heritage trees shall have on them an identification tag,
purcliased and placed by the City, inscribed with the
following information:
CITY OF CUPERTINO
HERIT AGE TREE NO.
is protected by the Protected Trees Ordinance.
Do not pnine or cut
before contacting the City Planning Division
at (408) 777-3308.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 14-2121, § 3
(part), 2014; Ord. 13-2107, F§ 2 (part), 2013; Ord. 2085, § 2
(part), 2011; Ord. 2003, 2007; Ord. 1543, § 4.7, 1991)
14.18.100 Recordation.
Heritage tree, privacy planting, and approved
development trees are required to be retained as part of an
application under Section 14.18.050C. and Section
14. 1 8.050D. and shall have retention information placed on
the property deed via a conservation easement in favor of
the City, private covenant, or other method as deen'ied
appropriate by tlie Director. The recordation shall be
completed by the property owner prior to final map or
building permit issuance, or at a time as designated by the
Director of Community Development when not associated
with a final map or building permit issuance. (Ord.
14-2126, § 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013;
Ord. 2085, 8, 2 (part), 2011; Ord. 2003, 2007; Ord. 1573,
S, 4.6, 1991; Ord. 1543, 8, 4.6, 1991)
2022 S-85
14.18.110 Cupertino - Streets, Sidewalks and Landscaping 36
14.18.110 Application and Approval Authority for
Tree Removal Permit.
No person shall directly or indirectly remove or cause
to be removed any protected tree without first obtaining a
tree removal permit, unless such tree removal is exempt per
Section 14. 18.150. An application for a tree removal permit
shall be filed with the Department of Community
Development and shall contain the following information
based on the size and type of the protected tree:
A. Application requirements.
1. An application request to remove a mature
specimen tree with a single-trunk DBH of twelve inches to
twenty-four inches (multi-tnink twenty-four to forty-eight
inches DBH), shall provide the following:
a. Adrawingoutliningthelocationoftlietree(s)and
proposed tree replacements.
b. Awrittenexplanationofwliythetree(s)shouldbe
removed.
c. Signature of the property owner and/or
homeowner's association (where applicable) with proof of
a vote of the homeowner's association;
d. Permit fee, wliere applicable.
2. An application request to remove a l'ieritage tree,
privacy planting tree, approved developmenttree, or mature
specimen tree with single-trunk DBH greater than
twenty-four inches or multi-trunk greater than forty-eight
inches DBH, require the following in addition to application
requirements a. through d. listed above:
a. Photograph(s) of the tree(s).
b. An arborist report from an arborist certified by
the International Society of Arboriculture
c. Notice and posting per Section 14. 18. 130.
d. Other information deemed necessary by the
Director of Community Development to evaluate the tree
removal request.
B. Maximum tree removal cap. In tlie Rl, Al, A,
RHS, and R2 zones, an applicant may remove up to six
mature specimen trees or five percent of mature speciinen
trees on the property (whichever is greater) with a
single-tnink between twelve and twenty-four inches
(multi-trunk between twenty-four and forty-eigl'it inches)
withinathirty-sixmonthperiod. Thethirty-sixmonthperiod
will start from the date of the approved tree removal permit.
Applications requesting to remove additional trees within a
thirty-six month period will require an arborist report and
notification per Section 14. 18.130.
C. Approval authority.
1. The Director of Community Development shall
have the final review and determination on applications for
protected tree removals in accordance with Section
14.18.120; except for heritage tree removals and tree
removals in conjunction with development applications. The
Director of Community Development may refer the
application to another approval authority for a report and
recommendation.
C. Applicationfortreeremovalsinconjunctionwith
a development application shall be considered by the
approval authority concerning the same property as the
affected tree removal permit application, and the
detemination on the tree ren'ioval permit shall be made
concurrently by the approval authority.
D. Application for removal of a heritage tree shall be
referred to the Planning Comnission for final review and
determination in accordance with Chapter 19.12. (Ord.
14-2126, F§ 3 (part), 2014; Ord. 13-2107, 8, 2 (part), 2013;
Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007; Ord. 1630,
(part), 1993; Ord. 1573, F§ 8.1 (part), 1991; Ord. 1543,
§ 8.1 (part), 1991)
14.18.120 Action by Director.
Upon receipt of a complete tree removal permit
application, the Director of Community Development or his
or her authorized representative will:
A. Review the application pursuant to Section
14. 18. 180;
B. At the Director's discretion, conduct a site visit,
within fourteen days, to inspect the tree(s) for which
removal is requested. Priority of inspection shall be given to
those requests based on hazard or disease; and
C. Send notices or scliedule a hearing in accordance
with requirements in Section 14. 18. 130 and Chapter 19. 12.
(Ord. 14-2126, § 3 (part), 2014)
14.18.130 Notice and Posting.
A. Notice and posting shall be provided as indicated
in Sections 19. 12.030 and 19. 12. 1 10F for the following tree
removal pei'mits:
1. Mature specimen trees with single trunk over
twenty-four inches DBH or for multi-trunk over forty-eiglit
inches DBH;
2. Heritage trees;
3. Privacy planting trees;
4. Approved development trees; and
5. Mature specimen trees exceeding the maximum
tree removal cap (Section 14.18.110B).
(i
2014 S-46
85 Prevention of Flood Damage 16.52.021
a mapped boundary and actual field conditions. Tlie person
contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as
provided in Section 16.52.030, 16.52.060 tlu'ougli
16.52.062.
G. Remedial Action. The Floodplain Administrator
shall take action to remedy violations of this chapter as
specified in 16.52.013.
H. Plag. The Floodplain Administrator shall
assure the community's General Plan is consistent witli
floodplain management objectives herein.
I. Non-conversion of Enclosed Areas Below the
Lowest Floor. To ensure that the areas below the BFE shall
be used solely for parking vehicles, limited storage, or
access to the building and not be finished for use as
habitable space without first becoming fully compliant with
the floodplain management ordinance in effect at the tiine of
conversion, the Floodplain Administrator shall:
1. Ensure the Building Official has determined
which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest
floor that are 5 feet or higher;
2. Ensure tlie applicant enters into a
"Non-conversion Agreement for Construction within Flood
Hazard Areas" or equivalent with the City of Cupertino.
The agreement shall be recorded with the Office of the
Recorder at the County of Santa Clara as a deed restriction.
The non-conversion agreement shall be in a form acceptable
to the Floodplain Administrator and City Attorney; and
3. Verify that the "Non-conversion Agreement"
provides the authority to inspect any area of a structure
below the base flood elevation to ensure compliance upon
prior notice of at least 72 hours. (Ord. 16-2154, § I (part),
2016; Ord. 1905, (part), 2002; Amended during May 1998
supplement; Ord. 1412, Exhibit A (part), 1987; Ord. 1002,
F§ 1.1 (part), 1980)
16.52.022 Development Permit.
A development permit shall be obtained before any
construction or other development, including placement of
prefabricated buildings andmanufacnired liomes, within any
area of special flood hazard established in 16.52.012.
Application for a development permit shall be made on
forms furnislied by the City of Cupertino. The applicant
shall provide the following minimum information:
A. Plans, drawn to scale, showing:
B. Location, dimensions, and elevation of the area
in question, existing or proposed structures, storage of
materials and equipment and their location;
C. Proposed locations of water supply, sanitary
sewer, storm drainage and other utilities;
D. Grading information showing existing and
proposed contours, any proposed fill, and drainage facilities;
E. Location of the regulatory floodway when
applicable;
F. Base flood elevation information as specified in
Section 16.52.012;
G. Proposed elevation in relation to mean sea level,
of the lowest floor (including basement) of all structures;
and
H. Proposed elevation in relation to mean sea level
to which any nonresidential stnicture will be floodproofed,
as required in Section 16.52.043.B of this chapter and
detailed in FEMA Technical Bulletin TB 3-93.
I. Certification from a registered civil engineer or
architectthat any nonresidential floodproofed buildings meet
the floodproofing criteria in Section 16.52.043.B.
J. For a crawl-space foundation, the location and
total net area of foundation openings as required in Section
16.52.043.C of tlns chapter and detailed in FEMA
Technical Bulletins 1-93 and 7-93.
K. Description of the extent to which any
watercourse will be altered or relocated as a result of
proposed development.
L. All appropriate certifications listed in Section
16.52.021.E of this chapter. (Ord. 16-2154, § 1 (part),
2016)
16.52.030 Appeals.
The Planning Commission of the City of Cupertino
shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made
by the Floodplain Administrator in the enforcement or
administration of this chapter.
A. Any person aggrieved by the decision of the
Planning Coinmission may appeal such decision to the City
Council, in accordance with Section 8 of Procedural
Ordinance No. 652. (Ord. 16-2154, § 1 (part), 2016; Ord.
1905, (part), 2002; Ord. 1412, Exhibit A (part), 1987; Ord.
1002, 8, 1.1 (part), 1980)
16.52.040 Standards of Construction.
All Special Flood Hazard Areas are governed by the
general standards set forth in Sections 16.52.040 througli
16.52.044. (Ord. 16-2154, § 1 (part), 2016; amended
during May 1998 supplement; Ord. 1412, Exhibit A (part),
1987; Ord. 1002, 8, 1.1 (part), 1980)
16.52.041 Anchoring.
All new constniction and substantial improvements of
structures, including manufactured homes, shall be
adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy. (Ord.
16-2154, 8, l (part), 2016; Ord. 1822, (part), 1999; Ord.
1412, ExhibitA (part), 1987; Ord. 1002, F§ 1.1 (part), 1980)
2016 S-59
16.52.042 Cupertino - Buildings and Construction 86
16.52.042 Construction Materials and Methods.
All new constniction and substantial improvements of
structures, including manufactured homes, shall be
constructed:
A. With flood resistant materials, and utility
equipmentresistantto flooddamage for areas belowthe base
flood elevation;
B. Using methods and practices that e flood
damage;
C. With electrical, heating, ventilation, plumbing
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding; and
D. Within Zones AH or AO, so that there are
adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
(Ord. 16-2154, 8, l (part), 2016; Ord. 1412, Exhibit A
(part), 1987; Ord. 1002, § 1.1 (part), 1980)
16.52.043 Elevation and Floodproofing,
A. Residential construction. All new, construction,
substantial improvements, or reconstruction due to
substantial damage of residential structures shall have the
lowest floor, including basement, macliinery, and/or
equipment floors:
1. InAE,AH,Al-30Zones,elevatedtoonefootor
more above the base flood elevation.
2. In an AO zone, elevated above the highest
adjacent grade to a height one foot or more above the depth
number specified in feet on the FIRM, or elevated at least 3
feet above the highest adjacent grade if no depth number is
specified.
3. In an A zone, without BFEs specified on the
FIRM [unnumbered A zone], elevated to one foot or more
above the base flood elevation; as determined under Section
16.5.021.C.
Upon the completion of the structure, the elevation of
the lowest floor, including basement, machinery, and/or
equipment floors, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the
community building inspector to be properly elevated. Such
certification and verification shall be provided to the
Floodplain Administrator.
B. Nonresidential construction. All new construction
or substantial improvements of nonresidential structures
shall either be elevated to conform with Section
16.52.043.A or:
1. Be floodproofed, together with attendant utility
and sanitary facilities, below the elevation recommended
under Section 16.52.043.A, so that the structure is
watertight with walls substantially impermeable to the
passage of water;
2. Have structuraI components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. Be certified by a registered civil engineer or
architect that the standards of Section 16.52.043.B. I and 2
are satisfied. Such certification shall be provided to the
Floodplain Administrator.
C. Flood openings. All new construction and
substantial improvements of structures with fully enclosed
areas below tl'ie lowest floor (excluding basements) tbat are
usable solely for parking of vehicles, building access or
storage, and which are subject to flooding, shall be designed
to automatically equalize hydrostatic floodforces onexterior
walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must meet the
following minimum criteria:
1. For non-engineered openings:
a. Have a minimum of two openings on different
sides having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no higher than
one foot above grade;
c. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that tl'iey
permit the automatic entry and exit of floodwater; and
d. Buildings with more than one enclosed area must
have openings on exterior walls for each area to allow flood
water to directly enter; or
2. Be certified by a registered civil engineer or
architect.
D. Manufacffired homes.
1. See Section 16.52.053.
E. Garages and low cost accessory structures.
1. Attached garages.
a. A garage attaclied to a residential structure,
constructed with the garage floor slab below the BFE, must
be designed to allow for the automatic entry of flood waters.
See Section 16.52.043.C. Areas of the garage below the
BFE must be constructed with flood resistant materials. See
Section 16.52.042.
b. A garage attached to a nonresidential structure
must meet the above requirements or be dry floodproo[ed.
For guidance on below grade parking areas, see FEMA
Technical Bulletin TB-6.
2. Detached garages and accessory structures.
a. "Accessory structures" used solely for parking (2
car detached garages or smaller) or limited storage (small,
Iow-cost sheds), as defined in Section 16.52.010, may be
constructed such that its floor is below the base flood
elevation (BFE), provided the structure is designed and
constructed in accordance with the following requirements:
1) Use of the accessory structure must be limited to
parking or limited storage;
2022 S-85
87 Prevention of Flood Damage 16.52.043
2) The portions of the accessory structure located
below the BFE must be built using flood-resistant materials;
3) The accessory structure must be adequately
aricliored to prevent flotation, collapse and lateral
movement;
4) Any mechanical and utility equipment in the
accessory structure must be elevated or floodproofed to one
foot or more above the BFE;
5) The accessory structure must comply with
floodplain encroachment provisions in Section 16.52.055;
and
6) Theaccessorystructuremustbedesignedtoallow
for the automatic entry of flood waters in accordance with
Section 16.52.043.C.
2. Detached garages and accessory structures not
meeting the above standards must be constructed in
accordance with all applicable standards in Sections
16.52.040 tlirough 16.52.043. (Ord. 21-2234, Att. A (§ 10,
part), 2021; Ord. 16-2154, § 1 (part), 2016; Ord. 1905,
(part), 2002; Ord. 1412, ExhibitA (part), 1987; Ord. 1002,
8, 1.1 (part), 1980)
16.52.044 Standards for Utilities.
A. All new and replacement water supply and
sanitaiy sewage systems shall be designed to minimize or
eliminate:
1. Infiltration of flood waters into the systems; and
2. Discl'iarge from the systems into flood waters.
B. On-site uiaste disposal systems shall be located to
avoid impairment to them, or contamination from them
during flooding.
C. Crawlspace Construction. This sub-section
applies to buildings witli crawl spaces up to 2 feet below
grade. Below-grade crawl space construction in accordance
with the requiren'ients listed below will not be considered
basements.
1. The building must be designed and adequately
anchored to resist flotation, collapse, and lateral movement
of the structure resulting from hydrodynamic and liydrostatic
loads, including the effects of buoyancy. Crawl space
construction is not allowed in areas with flood velocities
greater than 5 feet per second unless the design is reviewed
by a qualified design professional, such as a registered
arcl'ntect or professional engineer;
2. The crawl space is an enclosed area below the
BFE and, as such, must have openings that equalize
hydrostatic pressures by allowing for the automatic entry
and exit of floodwaters. For guidance on flood openings, see
FEMA Technical Bulletin 1-93;
3. Portions of the building below the BFE must be
constructed with materials resistant to flood damage. This
includes not only the foundation walls of the crawl space
used to elevate the building, but also any joists, insulation,
or other materials that extend below the BFE; and
4. Any building utility systems within the crawl
space must be elevated to one foot or more above BFE or
designed so that floodwaters cannot enter or accumulate
within the system components during flood conditions.
5. Requirements for all below-grade crawl space
constniction, in addition to the above requirements, shall
include the following:
a. The interior grade of a crawl space below the
BFE must not be more than 2 feet below the lowest adjacent
exterior grade (LAG), shown as D in figure 3 of FEMA
Technical Bulletin 11-01 ;
b. The height of the below-grade crawl space,
measured from the interior grade of the crawl space to the
top of the crawl space foundation wall must not exceed 4
feet (shown as L in figure 3 of FEMA Technical Bulletin
11-01) at any point;
c. There must be an adequate drainage system tl'iat
removes floodwaters from the interior area of the crawl
space within a reasonable period of time after a flood event,
not to exceed 72 hours; and
d. The velocity of floodwaters at the site should not
exceed 5 feet per second for any crawl space. For velocities
in excess of 5 feet per second, otl'ier foundation types should
be used, or tlie foundation must be designed and reviewed
by a qualified design professional.
(Ord. 16-2154, S, 1 (part), 2016; Ord. 1412, Exhibit A
(part), 1987; Ord. 1002, 8, 1.1 (part), 1980)
16.52.045 Standards for Subdivisions and other
Proposed Development.
A. All new subdivisions proposals and other
proposed development, including proposals for
manufactured home parks and subdivisions, greater than 50
lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA)
and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all
proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation,
tl'ie following as-built itfformation for each structure sliall be
certified by a registered civil engineer or licensed land
surveyor and provided as part of an application for a Letter
of Map Revision based on Fill (LOMR-F) to the Floodplain
Administrator:
Lowest floor elevation.
Pad elevation.
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed
development shall be consistent with the need to minimize
flood dan'iage.
C. All subdivision proposals and other proposed
development shall have public utilities and facilities sucli as
2022 S-85
16.52.045 Cupertino - Buildings and Construction 88
sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
D. All subdivisions and other proposed development
shall provide adequate drainage to reduce exposure to flood
liazards. (Ord. 16-2154, 8, l (part), 2016; Ord. 1905,
(part), 2002; Ord. 1412, ExhibitA (part), 1987; Ord. 1002,
e) 1.1 (part), 1980)
16.52.053 Standards for Manufactured Homes.
A. All manufactured homes that are placed or
substantially improved, on sites located: (1) outside of a
manufactured home park or subdivision; (2) in a new
n'ianufactured home park or subdivision; (3) in an expansion
to an existing manufactured home park or subdivision; or (4)
in an existing manufactured home park or subdivision upon
which a manufactured home has incurred "substantial
damage" as tlie result of a flood, shall:
1. Within Zones Al-30, AH, and AH on the
community's Flood Insurance Rate Map, be elevated on a
permanent foundation such that the lowest floor of the
manufactured home, including any basement, machinery,
and/or equipment floor, is elevated to one foot or more
above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
B. All manufactured homes to be placed or
substantially iinproved on sites in an existing manufactured
home park or subdivision within Zones Al-30, AH, and AE
on the community's Flood Insurance Rate Map that are not
subject to the provisions of Section 16.52.053.A will be
securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement,
and be elevated so that either the:
1. Lowestfloorofthemanufacturedhome,including
any basement, machinery, and/or equipment floor, is at one
foot or more above the base flood elevation; or
2. Manufactured home chassis is supported by
reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in lieight
above grade.
Upon the completion of the structure, the elevation of
the lowest floor, including any basement, machinery, and/or
equipment floor, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the
community building inspector to be properly elevated. Such
certification and verification shall be provided to the
Floodplain Administrator. (Ord. 21-2234, Att. A (§ 10,
part), 2021; Ord. 16-2154, 8, I (part), 2016; Ord. 1412,
Exhibit A (part), 1987; Ord. 1002, § 1.1 (part), 1980)
16.52.054 Standards for Recreational Vehicles.
A. All recreational vehicles placed in Zones Al-30,
AH, and AE will either:
1. Be on the site for fewer than 180 consecutive
days; or
2. Be fully licensed and ready for highway use. A
recreational vehicle is ready for ighway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has
no permanently attached additions; or
3. Meet the permit requirements of Section
16.52.022 of this chapter and the elevation and anchoring
requirements for manufactured homes in Section
16.52.053.A. (Ord. 16-2154, Ffi 1 (part), 2016)
16.52.055 Floodwa3is.
Since floodways are an extremely hazardous area due
to tl'ie velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
apply:
A. Until a regulatory floodway is adopted, no new
construction, substantial development, or other development
(including fill) shall be permitted within Zones Al-30 and
AH, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other
development, will not increase the water surface elevation
of the base flood more than 1 foot at any point within the
County of Santa Clara.
B. Within an adopted regulatory floodway, the City
shall prohibit encroachments, including fill, new
construction, substantial improvements, and other
development, unless certification by a registered civil
engineer is provided demonstrating tl'iat the proposed
encroachment shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
C. If Sections 16.52.055.A and B are satisfied, all
new construction, substantial iinprovement, and other
proposed new development shall comply with all other
applicable flood hazard reduction provisions of Sections
16.52.040 through 16.52.055. (Ord. 16-2154, § 1 (part),
2016; amended during May 1998 supplement; Ord. 1412,
Exhibit A (part), 1987; Ord. 1002, § 1. I (part), 1980)
16.52.061 Conditions for Variances.
A. Generally, variances may be issued for new
constniction, substantial improvement, and other proposed
new development to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing that the procedures of Sections 16.52.020 through
16.52.055 of this chapter have been fully considered. As the
lot size increases beyond one-half acre, the teccal
justification required for issuing the variance increases.
B. Variances may be issued for the repair or
rehabilitation of "historic structures" (as defined in Section
16.52.010 of this chapter) upon a determination that the
2022 S-85
TITLE 17: ENVIRONMENTAL REGULATIONS
Chapter
17.04. Standard Environmental Protection Requirements
17.08. Evaluation of Transportation Itnpacts Under the California
Environmental Quality Act
I
2022 S-85
Cupertino - Environmental Regulations
17.04.010
CHAPTER 17.04: STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS
Section
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
17.04.060
Purpose.
Definitions.
Applicability and demonstration of
compliance.
Standard environmental protection
tecluiical report submittal
requirements.
Standard environmental protection
permit submittal requirements.
Violations.
17.04.010 Purpose.
The purpose of this chapter is to identify standard
environmental protection requirements that all construction
projects must meet, including but not limited to
environniental mitigation measures identified in any
environn'iental documents required as part of a General Plan
update.
(Ord. 21-2232, § 1 (part), 2021)
17.04.020 Deftnitions.
The following words and piu'ases when used in this
chapter shall have the following meanings set fortli in this
sectton:
A. "Applicable Constniction Document" means a
constniction management plan or a pernut plan, which are
the project plans associated with permit applications.
B. "Approval" means issuance of permits under
Title 18 or Title 19, and when permits pursuant to Title 18
or Title 19 are not required issuance of other required City
permits by the City of Cupertino.
C. "Construction Management Plan" means a
document tliat includes the details the constniction manager
is required to enforce to minimize potential constniaion
impacts related to construction crew parking, equipment
staging, off-site circulation, noise, and air quality on
residents and con'imercial operations during the construction
phase.
D. "Construction"or"Ground-disturbingactivities"
include any paving, excavation, soil removal, grading,
utility trenching, removal of foundations and structures,
regardless of whether the soils have been previously
disturbed or not.
E. "Permit" means any discretionary or ministerial
permit or approval that is required pursuant to Title 14, Title
16, Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
F. "Permit Plan" means any project plan(s) that are
required for permit approval pursuant to Title 14, Title 16,
Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
G. "Project" means any construction,
ground-disturbing activity, subdivision, or tree removal
activity.
H. "Project Applicant" means the project proponent
or property owner.
I. "RegulatedProjects"meansanydevelopmentthat
is subject to oversight by an environmental regulatory
agency, including but not limited to oversight by the State
Water Resources Control Board and other similar agencies.
J. "Sensitive Receptol' means the types of land
uses, populations, and buildings or stnictures tliat are
considered sensitive to air pollution, noise, and vibration.
1. Air quality-sensitive population groups include
children, the elderly, the acutely ill, and the clironically ill,
especially those with cardiorespiratory diseases.
Disadvantaged communities identified in CalEnviroScreen
3.0 (i.e., environmental justice communities), as
subsequently revised, supplemented, or replaced, may be
disproportionately affected by and vulnerable to poor air
quality.
2. Noise-sensitive receptors include land uses where
quiet environments are necessary for enjoyment and public
health and safety. Residences, schools, hotels, libraries,
religious institutions, hospitals, and nursing hon'ies are
examples.
3. Vibration-sensitive receptors include land uses
residences and buildings v=iherc people normally sleep (e.g.,
residences and hotels, and buildings or stnictures that are
susceptible to architectural damage (e.g., non-engineered
timber and masoniy buildings and liistoric buildings).
K. "Tenant Improvement" means any construction
activity that modifies interior space in non-residential space.
3
2022 S-85
17.04.020 Cupertino - Environmental Regulations 4
L. "Tree" means Protected Trees and Public Trees
under the Cupertino Municipal Code, unprotected trees, or
any other vegetation suitable for nesting birds.
(Ord. 21-2232, § 1 (part), 2021)
17.04.030 Applicability and Demonstration of
Compliance.
A. Every project within the City of Cupertino shall
comply with all applicable standard environmental protection
requirements identified in Section 17.04.040 and Section
17.04.050.
B. Compliance with the requirements shall be
demonstrated as follows:
1. For all non-residential projects, residential
projects involving the development of four or more
residential units, and mixed-use projects, compliance shall
be demonstrated through submittal and implementation of a
construction management plan and/or permit plans, as
applicable, prior to issuance of an approval to the
satisfaction of the City.
2. For residential projects with three or fewer units,
for residential additions/remodels andTenantlrnprovements,
compliance shall be demonstrated on permit plans to the
satisfaction of the City.
3. For projects that do not require the issuance of a
permit and for tree removal projects, the property owner
must demonstrate compliance by ensuring that all applicable
standard environmental protection requirements are
implemented.
(Ord. 21-2232, S, 1 (part), 2021)
17.04.040 Standard Environmental Protection
Technical Report Submittal
Requirements.
Every project shall implement the following standard
environmental protection technical report submittal
requirements, which reports are subject to tlmd-party peer
review under the direction of the City at the applicant's cost,
prior to the approval of the project unless they are not
applicable to the project as demonstrated by a written
explanation of why any standard environmental protection
tecluiical report submittal requirement is not applicable to
the project, subject to the review and approval of the
Director of Community Development and/or the City
Engineer, or his or her designee, as appropriate:
A. Air Quality Technical Requirements
1. Control Diesel Particulate Matter from
Non-Residential Projects During Operation. Applicants for
new non-residential land uses within the city that either have
the potential to generate 100 or more diesel truck trips per
day or have 40 or more trucks with operating diesel-
powered Transport Refrigeration Units (TRUs), or are
within 1,000 feet of a sensitive land use (e.g., residential,
schools, hospitals, nursing homes), as measured from the
property line of the project to the property line of the nearest
sensitive use, shall:
a. Prepare and submit an operational Health Risk
Assessment (HRA) for approval by the City prior to
approval of the project.
b. The HRA shall be prepared in accordance with
policies andprocedures of the State Office of Environmental
Health Hazard Assessment (OEHHA) and the Bay Area Air
Quality Management District (BAAQMD).
c. IftheHRAshowsthattheincrementalcancerrisk
exceeds ten in one million (10E-06), PM215 concentrations
exceed O.3 micrograrns per cubic meter (pg/m3), Or the
appropriate noncancer hazard index exceeds 1.0, the project
applicant shall be required to identify and demonstrate that
Best Available Control Technologies for Toxics (T-BACTs)
are capable of reducing potential cancer and noncancer risks
to an acceptable level, including appropriate enforcement
mechanisms.
d. T-BACTsidentifiedintheHRAshallbeindicated
in the appropriate applicable construction document prior to
approvaloftheproject. T-BACTsmayincludethefollowing
measures from BAAQMD's Planning Healthy Places
Guidebook but are not limited to:
i. Restricting nonessential idling on-site to no more
than two minutes.
ii. Providing electric charging capable tnick trailer
spaces to accommodate Zero Emissions (ZE) Trucks.
iii. Providing electric charging capable warehousing
docks to accommodate ZE Transport Refrigeration Units
(TRUs).
iv. Requiring use of Near Zero Emissions (NZE) or
ZE equipment (e.g., yard trucks and forklifts) and/or
vehicles.
v. Restricting offsite truck travel through tl'ie
creation of truck routes.
2. Manage Indoor Air Pollution.
a. Applicants for residential and other sensitive land
use projects (e.g., hospitals, nursing homes, day care
centers) in areas identified on tl'ie Bay Area Air Quality
Management District's (BAAQMD) "Conduct Further
Study" on the Planning Healthy Places Map shall:
i. Prepare and submit an operational Health Risk
Assessment (HRA) to the City prior to approval of the
pro)ect.
ii. The HRA shall be prepared in accordance with
policies and procedures of the State Office of Environmental
Health Hazard Assessment (OEHHA) and BAAQMD. The
latest OEHHA guidelines shall be used for the analysis,
2022 S-85
5 Standard Environtnental Protection Requirements 17.04.040
including age sensitivity factors, breathing rates, and body
weights appropriate for children ages 0 to 16 years.
iii. IftheHRAshowsthattheincrementalcancerrisk
exceeds ten in one million (10E-06), PM2, concentrations
exceed O.3 micrograms per cubic meter (pg/m3), Or the
appropriate noncancer hazard index exceeds 1.0, the project
applicant shall identify and demonstrate measures that are
capable of reducing potential cancer and non-cancer risks to
an acceptable level (i.e., below ten in one million or a
hazard index of 1.0), including appropriate enforcement
mechanisms.
iv. Measures to reduce risk may include, but are not
limited to:
1. Air intakes located away from high volume
roadways and/or tiuck loading zones.
2. Heating, ventilation, and air conditioning systems
of the buildings provided with appropriately sized Minimum
Efficiency Reporting Value (MERV) filters.
b. Applicants for residential and/or other sensitive
land use projects (e.g., hospitals, nursing liomes, day care
centers) must state in the applicable constniction document
where the site is located on the Bay Area Air Quality
Management District (BAAQMD) Planning Healthy Places
Map, as subsequently revised, supplemented, or replaced.
If the site is located in an area identified as "Implement Best
Practices," the project applicant shall implement, and
include in applicable construction documents, the follouiing
best practices identified in the BAAQMD Planning Healthy
Places Guidebook:
i. Install air filters rated at a MERV 13 or higher.
ii. Locate operable windows, balconies, and building
air iiitakes as far away from any emission source as is
feasible.
iii. Incorporate solid barriers or dense rows of trees
in a minimum planter width of 5 feet per row of trees
between the residential and/or sensitive land use, and the
emissions source into site design.
iv. Donotlocateresidentialand/orsensitivelanduse
on the ground floor units of buildings near non-elevated
sources (e.g., ground level heavily traveled roadways and
freeways).
c. The project applicant shall include the applicable
measures identified in subsections (a) and (b) above in the
applicable constniction documents prior to approval of the
project. Specifically, the air intake design and MERV filter
requirements shall be included on all applicable construction
documents submitted to the City and verified by the City's
Planning Division.
B. Hazardous Materials
Manage Soil and/or Groundwater Contamination.
Projects that involve tree removal only are not subject to tlffs
Section B. For projects that involve a change of land use
(e.g., commercial to residential), development of uses that
will be occupied or used by sensitive receptors, development
of a net new residential unit (not including a Junior
Accessory Dwelling unit or Accessory Dwelling unit), new
construction of non-residential and/or mixed-use
development, or subdivisions, except as provided for in
Section B.3, the project applicant sliall complete SectionB. 1
and B.2, as required, prior to approval of the project.
1. Phase I ESA. Retain the services of a qualified
environmental consultant with experience preparing Phase
I Environinental Site Assessments (ESAs) to prepare a Phase
I ESA in accordance with the American Society for Testing
and Materials (ASTM) Standards on Enviromnental Site
Assessments, ASTM E 1527-13 (ASTM 1527-13) and in
accordance with the U.S. Enviromnental Protection
Agency's (EPA's) Standards and Practices for All
Appropriate Inquiries (40 Code ofFederal Regulations 312),
published November 2005, as subsequently revised,
supplemented, or replaced. The goal of an ASTM Phase I
ESA is to evaluate site history, existing observable
conditions, current site use, and current and former uses of
surrounding properties to identify the potential presence of
Recognized Environmental Conditions (RECs) as defined in
ASTM E 1527-13, associated with the site. If the Phase I
ESA does not identify any RECs, then no further action is
needed. If the Phase I ESA identifies RECs, then a Phase II
ESA shall be prepared as described in Section B.2.
2. Phase II ESA. A Pliase II ESA shall be prepared
by a qualified environmental consultant and signed and
stamped by a Professional Geologist or Professional
Engineer hired by the project applicant. The Pl'iase II ESA
shall include the collection and analysis of samples designed
to evaluate RECs identified in the Phase I ESA, in
compliance with ASTM standards, and a health risk
assessment to evaluate whetlier the RECs pose an
unacceptable or potentially unacceptable health risk to future
users of the site. Depending on the health risks identified in
the Phase II ESA, the project applicant shall proceed as
follows:
a. If tl'ie Phase II ESA identifies no unacceptable or
potentially unacceptable health risk associated with the
RECs, then no further action is needed.
b. If the Phase II ESA identifies an unacceptable or
a potentially unacceptable health risk, the requirements
related to soil remediation in Section 17.04.050B shall
aPP'l.
3. Focused Pliase I and n ESAs. Projects that are
on sites uihich are known to have current or former orchards
or other irrigated agricultural activities that were active in
1950 or later are assumed to contain RECs associated with
2022 S-85
17.04.040 Cupertino - Environmental Regulations 6
organic pesticides and are required to prepare a Focused
Phase I ESA that addresses only RECs other than those
associated with organic pesticides. Depending on the
contaminants found in the Focused Phase I ESA, the pro5cct
applicant shall proceed as follows:
a. If the Focused Phase I ESA identifies no other
unacceptable or potentially unacceptable health risks, then
the project applicant sliall prepare a Focused Phase II ESA
that addresses only the potential liazards associated with
organic pesticides.
b. If the Focused Phase I ESA identifies RECs other
than organic pesticides, then the project applicant shall
prepare the Phase II ESA as described in Section B.2 to
address both the organic pesticides RECs and all other
RECs.
C. Vehicle Miles Traveled Technical Report
Requirements
Evaluate Vehicle Miles Traveled or VMT. Project
applicants shall prepare a vehicle miles traveled (VMT)
analysis, which shall include a comparison of existing VMT
and project-generated VMT, for review and approval prior
to project approval, indicating that the project meets the
standards in Section 17.08.040 (Vehicle Miles Traveled
(VMT) Standards).
D. Vibration Technical Report Requirements
1. Manage Vibration During Construction. The
project applicant shall provide a vibration study to determine
vibration levels due to construction to the City, prior to
approval of the project, when the following activities would
occur within the screerffig distance to buildings or
sttuctures: pile driving within 100 'feet, vibratory roller
within 25 feet, or other heavy equipment (e.g., bulldozer)
within 15 feet; and for historical structures: pile driving
within 135 feet, vibratory roller within 40 feet, or other
heavy equipment within 20 feet. If vibration levels due to
construction activities exceeds O.2 inches per second peak
particle velocity (in/sec PPV) at nearby buildings or
structures, or O. 12 in/sec PPV at historical stnictures, the
project shall implement the following alternative
methods/equipment:
a. For pile driving, one of the following options
shaIl be used: caisson drilling (drilled piles), vibratory pile
drivers, oscillating or rotating pile installation methods, or
jetting or partial jetting of piles into place using a water
injection at the tip of the pile.
b. For paving, use a static roller in lieu of a
vibratory roller.
c. For grading and earthwork activities, off-road
equipment that shall be limited to 100 l'iorsepower or less.
(Ord. 21-2232, § l (part), 2021)
17.04.OS0 Standard Environmental Protection
Permit Submittal Requtrements.
Every project shall implement the following standard
environmental protection permit submittal requirements
prior to the issuance of permits by the City unless they are
not applicable to the project as demonstrated by a written
explanation of why any standard environmental protection
permit submittal requirement is not applicable to the project,
subject to the review and approval of the Director of
Community Development and/or the City Engineer, or his
or her designee, as appropriate:
A. Air Quality Permit Requirements
1. Control Fugitive Dust During Construction.
Projects shall implement the Bay Area Air Quality
ManagementDistrict Basic Control Measures included inthe
latestversion ofBAAQMD's CEQA Air Quality Guidelines,
as subsequently revised, supplemented, or replaced, to
control fugitive dust (i.e., particulate matter PM2, and
p"+o) during demolition, ground disffirbing activities and/or
construction. Tlie project applicant shall include these
measures in the applicable construction documents, prior to
issuance of the first permit.
2. Control Constniction Exhaust. Projects that
disturb more than one-acre and are more than two months in
duration, shall implement the following measures and the
project applicant shall include them in the applicable
construction document, prior to issuance of the first permit:
a. Utilize off-road diesel-powered constniction
equipment that is rated by the U.S. Environmental
Protection Agency (EPA) as Tier 4 or liigher for equipment
more than 25 horsepower. Any emissions control device
used by the contractor shall achieve emissions reductions
that are no less than what could be achieved by a Tier 4
interim emissions standard for a similarly sized engine, as
defined by the California Air Resources Board's (CARB)
regulations. Applicable constiuction dociunents sliall clearly
show the selected emission reduction strategy for
construction equipment over 25 horsepower.
b. Ensure that the construction contractor shall
maintain a list of all operating equipment in use on the
project site for verification by the City. The constniction
equipment list shall state the makes, models, and number of
construction equipment on-site.
c. Ensure that all equipment sliall be properly
serviced and maintained in accordance with the
manufacturer's recommendations.
3. Control Volatile Organic Compound Emissions
from Paint. Projects shall use Iow-VOC paint (i.e., 50
grams per liter [g/Ll or less) for interior and exterior wall
architecturalcoatings. Tlieprojectapplicantshallincludethe
use of low-VOC paint in the applicable construction
documents prior to issuance of the first permit.
2022 S-85
7 Standard Environmental Protection Requirements 17.04.050
B. Hazardous Materials Permit Requirements
Soil Remediation Required. If a Focused or other
Phase II ESA, as required pursuant to Section
1 7.04.040(B%1), identifies an unacceptable or a potentially
unacceptable health risk, the project applicant shall,
depending on the contaminant, contact either the
Environmental Protection Agency (EPA), Department of
Toxic Substances Control (DTSC), Regional Water Quality
Control Board (RWQCB) or local Certified Unified
Program Agency (CUPA). The project applicant shall enter
into a regulatory agency oversight program with an
appropriate regulatory agency, or an established voluntary
oversigl'itprogram alternative with an appropriate regulatory
agency, as determined by the City, and follow the regulatory
agency's recommended response actions until the agency
reaches a no further action determination, prior to issuance
of any permit for a project that allows ground disturbing
aCtlVlt7.
C. Greenhouse Gas Emissions and Energy Permit
Requirements
Reduce Greenhouse Gas Emissions (GHG) and Energy
Use. The project applicant shall complete tbe City of
Cupertino Climate Action Plan - Development Project
Consistency Checklist, for review and approval by the City
EnvironmentandSustainability Departtnentpriortoissuance
of the first permit, to demonstrate how the project is
consistent with the Cupertino Climate Action Plan, as
subsequently revised, supplemented, or replaced, in order to
reduce greenhouse gas emissions and conserve energy.
D. Biological Resources Permit Requirements
1. Avoid Nesting Birds During Construction. For
all projects that involve removal of a tree (either protected
or unprotected) or other vegetation suitable for nesting
birds, orconstnictionorground-disturbingactivitiesdefined
in Section 17.04.020, the project applicant sliall comply
with, and the construction contractor shall indicate the
following on all construction plans, when required to ensure
the following measures are performed to avoid inadvertent
take of bird nests protected under the federal Migratory Bird
Treaty Act and California Department of Fish and Game
Code when in active use:
a. Demolition, construction, ground-disturbing, and
tree removal/pruning activities shall be scheduled to avoid
the nesting season to the extent feasible. If feasible,
construction, ground-disturbing, or tree removal/pruning
activities sliall be completed before the stan of the nesting
season to help preclude nesting. Tlie nesting season for most
birds and raptors in the San Francisco Bay area extends
from February I through August 31. Preconstruction
surveys (described below) are not required for construction,
ground-disturbing, or tree removal/pnining activities outside
the nesting period.
b. If demolition, constniction, ground-disturbing, or
tree removal/pruning activities occur during the nesting
season (February 1 and August 31), preconstruction surveys
shall be conducted as follows:
i. No more than 7 days prior to the start of
demolition, construction, ground-disturbing, or tree
removal/pnining activities, in order to identify any active
nests with eggs or young birds on the site and surrounding
area within 100 feet of construction or tree removal
aCtlVltleS.
ii. Preconstniction surveys shall be repeated at
14-day intervals until demolition, construction,
ground-disturbing, or tree removal/pruning activities have
been initiated in the area, after which surveys can be
stopped. As part of the preconstruction survey(s), the
surveyor shall inspect all trees and other possible nesting
habitats in, and immediately adjacent to, the construction
areas for active nests, wliile ensuring that they do not disturb
the nests as follows:
1. For projects that require the demolition or
construction one single-family residence, ground disturbing
activities affecting areas of up to 500 square feet, or the
removal of up to three trees, the property owner or a tree
removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active
nests. If any active nests with eggs or young birds are
identified, the project applicant sliall retain a qualified
ornithologist or biologist to identify protective measures.
2. For any other demolition, constniction and
ground disturbing activity or the removal of four or more
trees, a qualified ornithologist or biologist shall be retained
by the project applicant to conduct the preconstruction
surveys.
c. Ifthepreconstructionsurveydoesnotidentifyany
active nests with eggs or young birds that would be affected
by demolition, construction, ground-disturbing or tree
removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is
found sufficiently close to work areas to be disffirbed by
these activities, their locations sliall be documented, and the
qualified ornithologist or biologist shall identify protective
measures to be implemented under tl'ieir direction until the
nests no longer contain eggs or young birds.
d. Protective measures may include, but are not
limited to, establisl'iment of clearly delineated exclusion
zones (i.e., demarcated by identifiable fencing, such as
orange construction fencing or equivalent) around each nest
location as determined by the qualified ornithologist or
biologist, taking into account the species of birds nesting,
their tolerance for disturbance and proximity to existing
development. In general, exclusion zones shall be a
minimuin of 300 feet for raptors and 75 feet for passerines
2022 S-85
17.04.050 Cupertino - Environmental Regulations 8
and other birds. The active nest within an exclusion zone
shall be monitored on a weekly basis throughout the nesting
season to identify signs of disturbance and confirm nesting
status. The radius of an exclusion zone may be increased by
the qualified ornithologist or biologist, if project activities
are determined to be adversely affecting the nesting birds.
Exclusion zones may be reduced by the qualified
ornithologistorbiologistonly inconsultationwithCalifornia
Department of Fish and Wildlife. The protection measures
and buffers shall remain in effect until the young have left
the nest and are foraging independently or the nest is no
longer active.
e. A final report on nesting birds and raptors,
including survey methodology, survey date(s), map of
identified active nests (if any), and protection measures (if
required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Comnunity
Development or his or her designee, through the appropriate
permit review process (e.g., demolition, construction, tree
removal, etc.), and be completed to the satisfaction of the
Community Development Director prior to the start of
demolition, construction, ground-disturbing or tree
removal/pruning activities.
2. Avoid Special-Status Roosting Bats During
Constniction Permit Requirements
a. For all projects that involve demolition,
renovation, or re-tenanting of an abandoned or vacant
buildingor strucmre, svhere the property owner cannot show
evidence to the satisfaction of the City of Cupertino Building
Inspector that the building or structure was appropriately
sealed at the time the building or stnicture was vacated to
prevent bats from roosting, the project applicant shall retain
a qualified biologist to conduct preconstniction surveys of
the on-site buildings or stnictures prior to commencing any
demolition, renovation, or re-tenanting activities. A building
or stiucture is not appropriately sealed unless seal holes that
are more than O.5 inches in diameter or cracks that are O.25
by 1.5 inches or larger are filled or closed with suitable
material such as caulking, putty, duct tape, self-expanding
polyurethanefoam, 0.25-inchmeshhardwarecloth, 0.5-inch
or smaller welded wire mesli, installing tighter-fitting screen
doors, or steel wool.
b. The project applicant shall comply with, and the
construction contractor shall include in the applicable
constniction documents, the following to ensure appropriate
preconstniction surveys are performed and adequate
avoidance provided for any special-status roosting bats, if
encountered on the site. Preconstruction surveys shalI:
i. Beconductedbyaqualifiedbiologistpriortotree
removal or building demolition, renovation, or re-tenanting.
Note that the preconstruction survey for roosting bats is
required at any time of year since there is no defined bat
roosting season as there is with nesting birds.
ii. Be conducted no more than 14 days prior to start
of tree removal or demolition, renovation, or re-tenanting.
iii. Be repeated at 14-day intervals until construction
has been initiated after which surveys can be stopped, iu'iless
construction activities are suspended for more ffian 7
consecutive days at which point the surveys sliall be
reinitiated.
iv. If no special-status bats are found during the
survey(s), then no additional measures are warranted.
c. Protective measures shall be included in the
applicable construction documents and implemented prior to
issuance of permits, if any special-status bat species are
encountered or for any roosts detected within the existing
structures, where individual bats could be inadvertently
trapped and injured or killed during demolition unless
passively evicted in advance of construction activities.
Protective measures shall include:
i. If no maternity roosts are detected, adult bats can
be flushed out of the structure or tree cavity using a one-way
eviction door placed over the exit location for a minimum
48-hour period prior to the time tree removal or building
demolition is to commence.
ii. Confirmation by the qualified biologist that the
one-way eviction door was effective, and that all bats have
dispersed from the roost location, modifying any exclusion
efforts to ensure individual bats have been successfully
evicted in advance of initiating tree removal or building
demolition.
iii. If a maternity roost is detected, and young are
found roosting in a building identified for demolition,
renovation, or re-tenanting, work shall be postponed until
the young are flying free and are feeding on their own, as
determined by the qualified biologist.
iv. Once the qualified biologist has determined that
any young bats can successfully function without the
maternity roost, then the adults and young bats can be
excluded from the structure to be demolished using the
one-way eviction methods described above.
v. Monitoring shall be provided by the qualified
biologist as necessary to determine status of any roosting
activity, success of any required bat exclusion, and status of
any maternity roosting activity by bats, in the remote
instance a maternity roost is encountered on the site.
E. Cultural Resources Pennit Requirements
1. Protect Archaeological Resources and Tribal
Culniral Resources: For all projects requiring
ground-disturbing activities on land with no known
archaeological or tribal cultural resources that has not been
previously disturbed and/or where ground-disturbing
i
2022 S-85
9 Standard Environmental Protection Requirements 17.04.050
activities would occur at a greater depth or affect a greater
area than previously disturbed, the following shall be
required:
a. Areas with No Known Cultural Resources. For
all projects within areas where there are no known cultural
resources, prior to soil disturbance, the project applicant
shall provide written verification, including the materials
provided to contractors and construction crews, to the City
confirming that contractors and constniction crews have
been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting
these resources as follows:
i. Basic archaeological site indicators that may
include, but are not limited to, darker than surrounding soils
of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth) ; concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfisl'i; evidence of
living surfaces (e.g., floors); and burials, either human or
animal.
ii. The potential for undiscovered archaeological
resources or tribal cultural resources on site.
iii. The laws protecting these resources and
associatedpenalties, including, butnotlimitedto, the Native
American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health
hnd Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should
construction crews discover cultural resources during
project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find
shall cease.
2. The project applicant sl'iall retain a qualified
archaeologist to provide and implement a plan for survey,
subsurface investigation, as needed, to define the deposit,
and assessment of the remainder of the site within the
project area to determine whether the resource is significant
and would be affected by the project.
3. Any potential arcliaeological or tribal cultural
resources found during construction activities shall be
recorded on appropriate California Departinent of Parks and
Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource, the consulting
archaeologist shall consult with the appropriate tribe, as
determined by tlie Native American Heritage Commission,
to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such
as the significance of tl'ie find, proposed project design,
costs, and other considerations. The archeologist shall
perform this evaluation in consultation with the tribe.
b. Areas with Known Cultural Resources. For all
projects within areas of known cultural resources as
documented in the 2015 General Plan EIR Table 4.4-2,
Cultural Resources in the Project Study Area and Vicinity,
as subsequently revised, supplemented, or replaced by the
City, and the arcliaeological or tribal cultural resources
cannot be avoided, in addition to the requirements in Section
E.l.a for all construction projects with ground-disffirbing
activities, the following additional actions shall be
iniplemented prior to ground disturbance:
i. The project applicant shall retain a qualified
archaeologist to conduct a subsurface investigation of the
project site, and to ascertain the extent of the deposit of any
buried archaeological materials relative to the project's area
of potential effects, in consultation with a tribal
representative as applicable. The archaeologist shall prepare
a site record and file it with the California Historical
Resource Information System and the City of Cupertino.
ii. If the resource extends into the project's area of
potential effects as determined by the archaeologist, the
resource shall be evaluated by a qualified archaeologist to
determine if the resource is eligible for listing on the
California Register of Historical Resources. If the qualified
archaeologist determines tliat the resource is not eligible, no
further action is required unless there is a discovery of
additional resources during constiuction (as required above
for all constniction projects with ground-disturbing
activities). If the qualified arcliaeologist determines that the
resource is eligible, the qualified archaeologist shall identify
ways to minimize the effect which the project applicant shall
implement. A written report of the results of investigations
and mitigations shall be prepared by the qualified
archaeologist and filed with the California Historic
Resources Information System Northwest Iiormation
Center and tl'ie City of Cupertino.
2. Protect Htunan Remains and Native American
Burials. The project applicant shall comply with California
Health and Safety Code Section 7050.5 and California
Public Resources Code Section 5097.98.
a. In tbe event of discovering human remains during
construction activities, there shall be no further excavation
or disturbance of the site within a 100-foot radius of the
remains, or any nearby area reasonably suspected to overlie
adjacent remains.
b. The Santa Clara County Coroner shall be notified
immediately and shall make a determination as to wliether
the remains are Native American.
c. If the Santa Clara County Coroner determines
that the remains are not subject to his authority, he shall
notify tbe Native American Heritage Commission (NAHC)
within 24 liours.
2022 S-85
17.04.050 Cupertino - Environmental Regulations 10
d. The NAHC shall attempt to identify descendants
(MostLikely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours
following access to the project site to make
recommendations orpreferences regarding the dispositionof
the remains. If the Most Likely Descendant does not make
recommendations within48 hours after being allowed access
to the project site, the owner shall, with appropriate dignity,
reinter the remains in an area of the property secure from
further disturbance and provide documentation about this
determination and the location of the remains to the NAHC
and the City of Cupertino. Alternatively, if the owner does
not accept the Most Likely Descendant's recommendations,
the owner or the descendent may request mediation by the
NAHC. Construction shall halt until the mediation has
concluded.
F. Hydrology and Water Quality Permit
Requirements
Control Stormwater Runoff Contamination. The
project applicant shall demonstrate compliance with Chapter
9.18 (Stormwater Pollution Prevention and Watershed
Protection) of the Cupertino Municipal Code, to the
satisfaction of the City of Cupertino. All identified
stormwater runoff control measures shall be included in the
applicable construction documents.
G. Noise and Vibration Permit Requirements
1. Notice and Signage:
a. At least 10 days prior to the start of any
demolition, grounddisturbing, orconstructionactivities, the
projcct applicant shall send notices of the planned activity by
first class mail as follows:
i. For projects on sites that are more than O.5 acres
or four or more residential units the notices shall be sent to
off-site businesses and residents within 500 feet of the
project sxte;
ii. For projects on sites between O.25 to O.5 acres,
or two or three residential units (not including Accessory
Dwelling Units) notices shall be sent to off-site businesses
and residents within 250 reet of the project site; or
iii. For projects on sites less than O.25 acres or one
residential unit, the notices shall be sent to off-site
businesses and residents within 200 feet of the project site.
The notification shall include a brief description of the
project, the activities that would occur, the hours when
activity would occur, and the construction period's oyerall
duration. The notification should include the telephone
numbers of the contractor's authorized representatives that
are assigned to respond in the event of a noise or vibration
complaint. The project applicant shall provide the City with
evidence of mailing of the notice, upon request. If pile
driving, see additional noticing requirements in subsection
3(b) below.
b. At least 10 days prior to the start of construction
activities, a sign shall be posted at the entrance(s) to the job
site, clearly visible to the public, which includes permitted
constniction days and hours, as well as the telephone
numbers of the City's and contractor's authorized
representatives tl'iat are assigned to respond in the event of
a noise or vibration complaint. If the authorized contractor's
representative receives a complaint, they shall investigate,
take appropriate corrective action, and report the action to
the City within three business days of receiving the
complaint.
2. Manage Noise During Construction. Projects
shall implement the following measures to reduce noise
during construction and demolition activity:
a. The project applicant and contractors sliall
prepare and submit a Construction Noise Control Plan to the
City's Plaru'iing Department for review and approval prior
to issuance of the first permit. The Construction Noise Plan
shall demonstrate compliance witli daytime and nighttime
decibel limits pursuant to Chapter 10.48 (Community Noise
Control) of Cupertino Municipal Code. The details of the
Constniction Noise Control Plan sliall be included in tbe
applicable construction documents and implemented by the
on-site Construction Manager. Noise reduction measures
selected and implemented shall be based on the type of
construction equipment used on the site, distance of
construction activities from sensitive receptor(s), site
terrain, and other features on and surrounding the site (e. g.,
trees, built enviroiunent) and may include, but notbe limited
to, temporary constniction noise attenuation walls, high
quality mufflers. During the entire active constniction
period, the Construction Noise Control Plan sltall
demonstrate that compliance with the specified noise control
requirements for construction equipment and tools will
reduce construction noise in compliance with the City's
daytime and niglittime decibel limits.
b. Select haul routes that avoid the greatest amount
of sensitive use areas and submit to the City of Cupertino
Public Works Department for approval prior to the start of
the construction phase.
c. Signs will be posted at the job site entrance(s),
within the on-site constniction zones, and along queueing
lanes (if any) to reinforce the prohibition of unnecessary
engine idling. All other equipment will be turned off if not
in use for more than 5 minutes.
d. During the entire active constniction period and
to the extent feasible, the use of noise producing signals,
including liorns, whistles, alarms, and bells wiLl be for
safety warning purposes only. The cons'miction manager
will use smart back-up alarms, which automatically adjust
tl'ie alaim level based on the background noise level or
2022 S-85
11 Standard Environtnental Protection Requirements 17.04.050
switcli off back-up alarms and replace with human spotters
in compliance with all safety requirements and law.
3. Manage Vibrations During Construction: In the
event pile driving is required, the project applicant shall:
a. Notifyallvibration-sensitivereceptorswithin300
feet of the project site of the schedule 10 days prior to its
commencement and include the contact information for the
person responsible for responding to complaints on site.
b. The project applicant sliall retain a qualified
acoustical consultant or structural engineer, to prepare and
implementaConstructionVibrationMonitoringPlan, which
is subject to third-party peer review under the direction of
the City at the applicant's cost, for areas within 100 feet for
pile driving, 25 feet for vibratory roller, or 15 feet for other
heavy equipment (e.g., bulldozer); and for historical
structures: within 135 feet for pile driving, 40 feet for
vibratory roller, or 20 feet for other heavy equipment. The
plan shall include surveying the condition of existing
strucnires; and determining the number, type, and location
of vibration sensors and establish a vibration velocity limit
(as determined based on a detailed review of the proposed
building), method (including locations and instnimentation)
for monitoring vibrations during constniction, location of
notices displaying the contact information for on-site
coordination and complaints on site, and method for alerting
responsible persons who have the autl'iority to halt
constniction should limits be exceeded or damaged
observed.
c. Submit final monitoring reports to the City upon
completion of vibration related construction activities.
d. Conduct a post-survey on any structure where
either monitoring has indicated high vibration levels or
complaints that damage lias occurred are received.
e. The project applicant shall be responsible for
appropriate repairs as determined by the qualified acoustical
consultantor structural engineer where daniage l'ias occurred
as a result of construction activities.
H. Paleontological Resources Permit Requirements
Protect Paleontological Resources During
Construction. If paleontological resources are encountered
during ground disturbing and/or other construction
activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, wich shall be
retained by the project applicant, to assess tlie find for
significance. If paleontological resources are found to be
significant, the paleontological monitor shall determine
appropriate actions, in coordination with a qualified
paleontologist, City staff, and property owner. Appropriate
actions may include, but are not limited to, a mitigation plan
formulated pursuant to guidelines developed by the Society
of Vertebrate Paleontology and implemented to
appropriately protect the significance of the resource by
preservation, documentation, and/or removal, prior to
recornmencing activities. Measures may include, but are not
liniited to, salvage of unearthed fossil remains and/or traces
(e.g., tracks, trails, burrows); screen washing to recover
small specimens; preparation of salvaged fossils to a point
of being ready for curation (e.g., removal of enclosing
matrix, stabilization and repair of specimens, and
construction of reinforced support cradles); and
identification, cataloging, curation, and provision for
repository storage of prepared fossil specimens.
I. Utilities and Service Systems Pennit
Requirements
1. Manage Wastewater Inflow and Infiltration to
Sewer System. Project applicants shall implement tlie
following measures to reduce wastewater flow:
a. Tlie project applicant shall demonstrate, to tl'ie
satisfaction of the City of Cupertino and Cupertino Sanitary
District (CSD) that the project would not exceed the peak
wet weather flow capacity of the Santa Clara sanitary sewer
system by iinplementing one or more of the following
methods:
i. Reduce inflow and infiltration in tl'ie CSD system
to reduce peak wet weather flows, or
ii. Increase on-site water reuse, such as increased
grey water use, or reduce water consumption of the fixtures
used within the proposed project, or other methods that are
measurable and reduce sewer generation rates to acceptable
levels, to tlie satisfaction of the CSD.
The project's estimated wastewater generation shall be
calculated using the current generation rates used by Uhe
CSD unless alternative (i.e., lower) generation rates
acieved by the project are substantiated by the project
applicant based on evidence to the satisfaction of the CSD.
b. The project applicant sliall obtain a letter of
clearance from the Cupertino Sanitary District and provide
a copy of the letter of clearance to the City prior to issuance
of the first permit.
2. Ensure Adequate Water Supply and
Infrastnicture. The project applicant shall obtain written
approval from the appropriate water service provider for
water connections, service capability, and location and
layout of water lines and backflow preventers, prior to
issuance of the first permit.
(Ord. 21-2232, S, 1 (part), 2021)
17.04.060 Violations.
Violation of any of the standard environmental
protection requirements, except for any such standard
environmental protection requirements that the Director of
Community Development and/or the City Engineer, or his
or her designee, has deemed inapplicable pursuantto Section
17.04.040 and Section 17.04.050, constitutes a violation of
this Code.
(Ord. 21-2232, F§ 1 (part), 2021)
2022 S-85
Cupertino - Enviroiunental Regulations 12
i-
17.08.010
C:flAFIER 17.08: EVAlUATION OF TRANSPORTATION IMPACTS [ITNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section
17.08.010
17.08.020
17.08.030
17.08.040
Definitions.
Purpose.
Applicability of regulations.
Vehicle miles traveled (VMT)
standards.
17.08.010 Definitions.
The following words and plu'ases wlien used in this
cl'iapter shall have the meanings set forth in this section:
A. As used in this Chapter, "CEQA" means the
California Environmental Quality Act, Public Resources
Code section21000 etseq., andthe State CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et
seq.
B. Vehicle Miles Travelled or "VMT" refers to the
distance a vehicle travels regardless of the number of
occupants of the vehicle. Vehicle miles traveled is the daily
VMT of all veliicle trips, vehicle types, and trip purposes
for all project land uses. An adjustment to the VMT should
be made to include the full length of trips that leave the
travel forecasting model area to fully capture interregional
travel.
C. Total Boundary VMT refers to VMT that occurs
within a selected geographic boundary (e.g., city, county or
region) by any type of vehicle. Total Boundary VMT
captures all on-road travel occurring on a roadway network
for any purpose and includes local trips as well as trips that
pass through the area without stopping.
D. Service Population refers to population plus
employment and may include students or visitors. Service
population is intended to include all independent variables
used in estimating trips.
E. High Quality Transit Corridor means an area
within % mile walking distance from fixed-route transit
service with service intervals no longer than 15 minutes
during peak commute hours. (Ord. 21-2223, § 1 (part),
2021)
17.08.020 Purpose.
As a result of California Senate Bill (SB) 743 (2013),
the City of Cupertino has implemented the use of Vehicle
Miles Traveled (VMT) in environmental review of new
land-use development projects, transportation projects, and
other projects pursuant to the California Environmental
Quality Act and the State CEQA Guidelines (together,
CEQA). This section contains standards relating to the use
of VMT in Cupertino for evaluating transportation impacts.
(Ord. 21-2223, § 1 (part), 2021)
17.08.030 Applicability of Regulations.
A. Tis chapter applies to all land-use development
projects, transportation projects, and other projects subject
to review by the California Environmental Quality Act
(CEQA).
B. Some projects may be screened out from more
detailed VMT analysis based on a project's location,
characteristics, or a combination of both. A project relying
on the following screening must be consistent with
applicable General Planpolicies and supported by substantial
evidence demonstrating cumulative VMT is declining.
Project screening may be used for projects that meet one or
more of the following criteria:
1. A project located within one-quarter mile of a
Hig}i-Quality Transit Corridor or transit stop as defined by
CEQA;
2. Local-serving retail of 50,000 square feet or less;
3. Land-use projects coi'sisting of 100% affordable
housing. (Ord. 21-2223, § 1 (part), 2021)
17.08.040 Vehicle Miles Traveled (VMT)
Standards.
A. The VMT significance tlmesholds for land use
projects and plans compared to baseline conditions are:
1. Project Impact: A significant impact would occur
if the total project generated VMT per service population for
the project would exceed a level of 14.4% below the
citywide baseline VMT rate.
13
2022 S-85
17.08.040 Cupertino - Environmental Regulations
2. Project Effect: A significant impact would occur
if the project increases total (boundary) countywide VMT
compared to baseline conditions.
B. Tl'ieVMTsignificancethreslioldsforlanduseand
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
Conununity Strategy Plan (Plan Bay Area).
C. The VMT significance thresliolds for
tranSpOrtatlOn prOJeCtS are:
1. BaselineTransportationThresholds:Asignificant
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
ciunulativenoprojectconditions. (Ord. 21-2223, § 1 (part),
2021)
2022 S-85
18.04.010
CHAPTER 18.04: GENERAL PROVISIONS
Section
18.04.010
18.04.020
18.04.030
18.04.040
18.04.050
Citation and authority.
Purpose.
Conformity to General Plan, specific
plan and zoning ordinances.
Application.
Modification of requirements.
18.04.010 Citation and Authority.
This title is adopted to supplement and implement tlie
Subdivision Map Act, Section 66410 et seq. of the
Goveriunent Code ("Map Act"), and may be cited as the
Subdivision Ordinance of tlie City. (Ord. 2085, 8, 2 (part),
2011; Ord. 1384, ExhibitA (part), 1986)
18.04.020 Purpose.
It is the purpose of tliis title to regulate and control tlie
division of land within the City and to supplement the
provisions of tlie Map Act concerning tlie design,
improvement and survey data of subdivisions, the form and
content of all maps proyided for by the SubdivisionMap Act
and the procedure to be followed in securing the official
approval of the Planning Commission, the City Engineer,
the Department of Community Development and City
Council regarding such n'iaps. To accomplish tlns purpose,
the regulations outlined in this title are determined to be
necessary for the preservation of the public safety and
general welfare, to promote orderly growth and
development and to promote open space, conservation,
protection, and proper use of land and to insure provisions
for adequate traffic circulation, utilities and services. (Ord.
21-2234, Att. A (§ 9, part), 2021; Ord. 2085, § 2 (part),
2011; Ord. 1384, ExhibitA (part), 1986)
18.04.030 Conformity to General Plaix, Specific
Plan and Zoning Ordinances.
A. No land shall be subdivided and developed for
any purpose which is not in conformity with the General
Plan and any specific plan of the City permitted by the
zoning title or other applicable provisions of the City.
B. Tlie type and intensity of land as sl'iown on the
General Plan shall determine the type of streets, roads,
highways, utilities and public services that shall be provided
by the subdivider. (Ord. 2085, § 2 (part), 2011; Ord. 1384,
Exhibit A (part), 1986)
18.04.040 Application.
The regulations set forth in this title shall apply to all
subdivisions or parts thereof, including the conversions of
existing multiple-fancy rental l'iousing to condominiums
community apartments or stockcooperatives witl'iin the City,
and to the preparation of subdivision maps thereof and to
other maps provided for by the Map Act. Each subdivision
and each part thereof lying withinthe City sl'iall be made and
each map shall be prepared and presented for approval as
provided. (Ord. 2085, S, 2 (part), 2011; Ord. 1384, Exhibit
A (part), 1986)
18.04.050 Modification of Requirements.
Whenever, in the opinion of the Director of
Community Development, the land involved in any
subdivision is of size or shape, or is subject to title
liinitations of record, or is affected by such topographical
location or conditions, or is to be devoted to a use that it is
impossible or impracticable in the particular case for the
subdivider to conform fully to the regulations contained in
tliis title, the Director of Community Development may
make modifications as, in his or her opinion, are reasonably
necessary or expedient and in conformity with the Map Act.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, ExhibitA (part),
1986)
3
2022 S-85
Cupertino - Subdivisions 4
t"
19.102.010
CHAPTER 19.102: GLASS AND LIGHTING ST ANDARDS
Section
Type of Development Applicable Sections
C. Parking lot upgrade or
redesign, excluding
maintenance or repair
activities (i.e.,
restriping, resealing,
or repaving)
Section 19. 102.040
D. New or replacement
glass windows, doors,
or features
Section 19.102.030(A),
(B), and (D), apply only to
the new exterior glass
windows, doors, or features
E. New or replacement
exterior lighting
Section 19.102.040
F. Exemptions See Sections 19.102.030(E)
and 19.102.040(D)
19. 102.010
19. 102.020
19. 102.030
19. 102.040
Purpose.
Applicability of regulations.
Bird-safe development requirements
Outdoor lighting requirements
19.102.010 Purpose.
The purpose of this chapter is to regulate design and
constniction of stiuctures and accessory elements in all
zoning districts to protect the natural environment,
particularly enhancing bird-safety and reducing light
pollution. Tlns Chapter establishes regulations to reduce bird
mortality from windows, other specific glass features, and
certain lighting elements that are known to increase the risk
of bird collisions. Tins Chapter also establishes regulations
to reduce light pollution, which is known to contribute to
bird mortality, reduced visibility of the night sky, and
adverse impacts to human health.
(Ord. 21-2225, Att. A (§ 1, part), 2021)
19.102.020 Applicability of regulations.
Whenever an applicant is required to obtain a building
permit or a Permit pursuant to Title 19, or whenever
exterior lighting is added, replaced, or altered (whether
temporary or permanent), the project shall meet the
requirements of this Chapter. The following table indicates
the applicability of regulations by type of project in which
exterior glass/transparent windows, doors, or features or
interior or exterior lighting is added, replaced, or altered:
(Ord. 21-2225, Att. A (§ 1, part), 2021)
19.102.030 Bird-safe Development Requirements.
A. Application submittal requirements: All projects
that are subject to the bird-safe development requirements
shall subnut the following:
1. Elevation drawings indicating the bird-safe
treatinent and how the proposed treatment meets the
requirements of Section 19.102.030(B) and (D);
2. Cross sections, if required;
3. Other exhibits indicating consideration and
incorporation of the regulations in Section 19.102.030(B),
(C), and (D); and
4. Biologist report in support of alternative
compliancemethodpursuantto Section 19. 102.030(B)(3), if
proposed.
B. Fenestration and Glass Requirements
1. Fagades of all projects subject to bird-safe
development requirements shall have:
a. No more than 10% of the surface area of the
fagade be untreated glass between the ground and 60 feet
above ground.
Type of Development Applicable Sections
A. New primary or
accessory building or
structure construction
Sections 19.102.030 and
19. 102.040
B. Complete or Partial
Remodel of primary
or accessory buildings
or structures
Sections 19.102.030 and
19.102.040 apply to
remodeled portions
2021 S-82 160A
19.102.030 Cupertino - Zoning 160B
b. No more than 5% of the surface area of the
fagade be untreated glass between 60 feet above ground and
up.
2. Standard Compliance Treatments: The Planning
Division may maintain a list of acceptable bird-safe
treatments that may be updated from time to time. The list
may include, but not be limited to, permanent treatments
such as opaque glass, window muntins, exterior insect
screens, exterior netting, or special glass treatments sucli as
fritting to provide visual cues and reduce the likeliliood of
bird collisions. Glass treatments must have high color
contrast with the glass and be applied to the outermost
surface. Prior to publication of the list, the Planning
Division may review information available from interest
groups, sucli as the National Audubon Society.
3. Alternative Compliance Method: Property
owners/applicants may propose an alternate compliance
method recommended by a qualified biologist to meet the
requirements and intent of this section. Tlie alternate
compliance method shall be peer-reviewed by a third-party
consultant, paid for by the applicant, and subject to the
approval of the Director of Community Development.
C. Non-residential Indoor Ligl'iting Requirements:
1. Install time switch control devices or automatic
occupancy sensors on non-emergency interior lights that are
programmed to turn off at eleven p.m. or within two hours
after the business is closed.
2. Businesses that involve the direct retailing of
goods to the general public may have downward directed,
low voltage, and fully shielded lighting for window displays
at any time when there is a display of such goods.
D. Bird-safe Design Requirements. All projects
shall:
1. Avoidthefunnelingofflightpathsalongbuildings
or trees towards a building fagade.
2. Avoid use of liighly reflective glass or l'ffghly
transparent glass.
3. Not include skyways or walkways, balconies,
freestanding walls, or building corners made of untreated
glass or other transparent materials, or any other design
elements that are untreated and through which trees,
Iandscape areas, water feaffires or the sky are visible from
the exterior or from one side of the transparent element to
the other.
E. Exemptions: The following are exempted from
bird-safetreatmentregulationsofsubsection 19.102.030(B):
1. Any historic structure, either as set forth in the
General Plan Figure LU-3 Historic Resources or listed on
the State or National Historical Registers;
2. Firstfloorretailstorefronts,uptoaheightofl5';
and,
3. Residential development in Rl zoning districts
outside of Bird-Sensitive Areas.
F. California Building Code. All windows, doors, or
other features must comply with the requirements of the
California Building Code. Should a conflict exist with the
provisions of this Chapter, the standards in the California
Building Code shall prevail.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 21-2225, Att.
A (§ 1, part), 2021)
19.102.040 0utdoor Lighting Requirements.
A. Submittal Requirements: Projects subject to
outdoor lighting regulations must submit the following
information:
1. A site plan indicating the location of all outdoor
lighting fixtures.
2. A description of each lighting fixture. This
description may include, but not be limited to,
manufacturer's catalog cuts and drawings (including sections
if requested), lamp types, and lumen outputs.
3. Photometric plans, prepared, stamped and signed
by a licensed professional engineer qualified in outdoor
lighting, depicting the location of all outdoor lighting
fixtures and building-mounted lighting fixtures and a
maximum ten-foot by ten-foot grid of both the initial and
maintained lighting levels on the site, including any impact
on adjacent properties.
4. The project lighting plan shall indicate how
lighting has been coordinated with any associated
landscaping plan to prevent site planning conflicts.
5. Any other information the Director may
determine is necessary to ensure that the proposed lighting
is in compliance with the provisions of this Chapter.
6. Any of the above requirements may be waived by
the Director of Community Development when determined
to be unnecessary for determining compliance with the
provisions of this Chapter.
B. Outdoor Lighting Standards
1. All outdoor lighting shall be fully shielded
fixtures, directed downward to meet the particular need and
away from adjacent properties and rights-of way to avoid
light trespass, except:
a. Low-voltage Landscape Lighting: Low-voltage
landscape lighting, sucli as that used to illuminate fountains,
shrubbery, trees, and walkways, do not have to be shielded
fixtures and may use uplighting, provided that they use no
more than ten (10) watt incandescent bulb or LED
equivalent, or a maximum of 150 Iumens (whichever is
less),and not directed toward the right-of-way.
b. Architectural Features: Uplighting may be used
to highliglit special architectural features.
J
2022 S-85
173 Signs 19.104.205
19.104.205 Message Substitution.
A. Subject to tl'ie private property owner's consent,
a constitutionally protected noncommercial message of any
category or content may be substituted, in whole or in part,
for any allowed commercial message or any other protected
noncommercial message, provided that the sign structure or
mounting device is legal without consideration of message
content. Such substitution of message may be made without
any additional approval or permitting. The purpose of this
provision is to prevent any favoring of commercial speech
over non-commercial speech, or favoring of any particular
protected noncommercial message over any other protected
noncommercial message. Message substitution is a
continuing right which may be exercised any number of
times.
B. The message substitution right does not:
1. Create a right to increase the total amount of sign
display area on a site or parcel;
2. Create a right to substitute an off-site commercial
message in place of an onsite cominercial message or in
place of a noncommercial message;
3. Affect the requirement that a sign structure or
mounting device must be properly permitted;
4. Authorize changing tlie physical metl'iod of image
presentation (such as digital or neon) display without a
permit; or
5. Authorize a physical change to the sign structure
without compliance with applicable building codes, safety
codes, and neutrally-applicable rules for sign size, height,
orientation, setback, separation or illumination.
(Ord. 16-2149, § 9, 2016)
19.104.210 Landmark Signs.
Existing ground signs that have been designated by the
City as Landmark Signs (see Appendix B: Landmark Signs)
are exempt from the Nonconforming Sign regulations in
Section 19.104.310.
A. Such signs may be structurally reinforced or
rebuilt, after damage or destruction, to its original design
and specifications.
B. Minor modifications to such signs may be allowed
such that they do not distract from or alter the unique
architectural style of the sign, with a Director's Minor
Modification.
(Ord. 2085, § 2 (part), 2011)
19.104.220 Design Criteria-Permanent Signs.
Although the aesthetic appearance of signs is
subjective, the City recognizes that certain basic design
guidelines are needed in order to maintain the City's high
quality appearance. The following criteria shall be
incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or
set onto a base, presenting a solid, attractive, well
proportioned and balanced appearance. Tlie size and shape
of the frame or base shall be proportionate to the size and
weight of the sign. Low signs are generally more
appropriate on a base, whereas taller signs are generally
more appropriate in a frame. (See Appendix C, Examples
of Well Proportioned Signs, Examples of Signs Not Well
Proportioned, on file in the City Clerk and the Plaiu'iing
Division, for examples.)
B. Ground signs shall be located within a landscaped
area proportionate to the size of the sign. Appropriate
landscaping should be placed at the base of the sign.
C. All signs shall be architecturally compatible and
in harmony with the building with which it is principally
associated, by incorporating its colors, materials, shape and
design. The sign shall also be compatible with the aesthetic
character of the surrounding developments and
neighborliood.
D. Background panels for multi-tenant ground signs
sliould be harmonious in muted colors.
E. Sign copy shall be simple and concise, without
excessive description of services or products.
F. Internally illuminated signs shall not have a
directly visible light source.
G. The sign's color and illumination shall not
produce distraction to motorists or nearby residents.
(Ord. 21-2234, Att. A (F)9, part), 2021; Ord. 2085, § 2
(part), 2011)
19.104.230 nlumination Restrictions.
A. Tlie intensity of illumination for signs located
within the commercial, office and industrial districts shall
not exceed approximately two hundred fifty foot4amberts.
All other districts shall not exceed approximately one
hundred foot4amberts. The foot-larnbert readings shall be
used as a guide by staff to evaluate signs which are deemed
to be a problem to passing motorists or residents in the
surrounding neighborliood.
B. The color and tickness of the sign panels as well
as the brightness of the bulbs used to illuminate the sign
shall be designed in such a manner as to avoid excessive
illumination and glare.
C. Illuiriinated signs which are not a necessary part
of the security lighting system for a business shall be turned
off at eleven p.m. or within two hours after the business is
closed, whichever is the later time.
D. All exterior lighting shall be placed in a manner
so that the light source will not be seen from off the site.
(Ord. 2085, § 2 (part), 2011)
19.104.240 Temporary Signs-Location.
A. Unless otherwise provided for in this chapter, it
is unlawful for any person to, place, paint, mark, or write
on, post, attach or otherwise affix, any temporary sign to or
upon any public property, including but not limited to:
* sidewalk, crosswalk, curb, curbstone, fence, wall,
* public playground equipment and/or facilities,
2022 S-85
19.104.240 Cupertino - Zoning 174
* street lamp post, hydrant, tree, shrub, tree stake
or guard,
@ railroad bridge or crossing,
* pole for electric light or power or telephone or
telegraph (or other communicaflon service) or upon any
fixtiu'e of the fire alarm or police telegraph system or upon
a lighting system,
* public bridge,
* drinking fountain,
* street sign, traffic sign,
traffic control pole or cabinet,
* utility transformer vaults, or
* Any other building, structure or device
permanently affixed on public property.
B. It is unlawful for any person to place, post or
otherwise affix, any temporary sign, in the public
right-of-way, except as provided in this chapter. The public
right-of-way generally includes the median, street, gutter,
curb, sidewalk and landscaped strip on public property.
C. Unless otherwise provided for in this cliapter, all
temporary signs shall comply with the following:
Use/
Zoning
Size Time
Period
Location Review Criteria
Maxitnum
Area
Maximum
Height
All 4 s.f. per
side
3 ft.All signs
may only
be
displayed
between
SuruiSe
and sunset
* Shall not be located on the street or on
street medians.
* May only be located in the public right-of-
way of residential or institutional districts.
For Political Signs see Section
19. 104.250(C).
* Shall maintain 36 inches of clear and
continuous width along a sidewalk or
pathway plus any other area needed for
handicapped accessibility.
* All parts of the sign shall be set back
minimum 18 inches from the face of the
curb or from the edge of the street, bicycle
or vehicle travel lane, whichever is the
greatest distance from the edge of the street,
bicycle or vehicle travel lane.
* Two sides
maximum
' Shall not be
illuminated.
* Shall not
restrict in any
way the safe
vision of any
vehicular or
pedestrian traffic
or obstnict any
directional or
safety signs
permitted by the
City.
D. Unless otherwise specified in this chapter,
persons who place temporary signs:
1. On private property shall obtain the oral or
written consent of the owner or person entitled to possession
of that property and
2. In public rights-of-way are encouraged to notify
and seek concurrence of adjacent property owner(s) and
resident(s) before placing temporary signs. For Political
Signs see Section 19.104.250(C)
E. The provisions of Section 19.104.240(B), (C),
and (D) shall not be applicable to the following:
1. The maintenance of signs affixed or painted upon
public or private motor vehicles;
2. The maintenance of signs affixed to Santa Clara
County Transit District bus shelters;
3. The maintenance of banners affixed to the top of
the City-owned stanchions located at a site over Stevens
Creek Boulevard between Wolfe Road and Portal Avenue;
4. The maintenance of banners affixed to the top of
the City-owned light poles located over Stevens Creek and
De Anza Boulevards; and
5. Themaintenanceofhazardmarkersoremergency
signs.
(Ord. 2098, (part), 2012; Ord. 2085, F§ 2 (part), 2011)
19,104.250 Temporary Signs-Flags, Garage Sales,
Political Signs and Subdivision Signs,
Table 19.104.250 sets forth the rules, regulations and
processing appIicable to Temporary Signs - Flags, Garage
Sales, Political Signs and Subdivision Signs.
(Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011)
19,104.260 Temporary Signs-Real Estate Signs and
Project Announcement Signs.
Table 19.104.260 sets forth the rules, regulations and
processing applicable to Temporary Signs - Residential Real
Estate, Non-residential Real Estate Signs and Project
Announcement Signs.
(Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011)
[Tables begin on next page.]
II
2016 S-58
209 Parking Regulations 19.124.040
Table 19.124.040 - Regulations for Off-Street Parking (Cont.)
G.Mixed-Use and Shared Parking The minimum parking requirement for developments with more than
one land use, or parking facilities being used by one or more
properties, shall be determined using Table 19. 124.040(C).
H.Alternative Parking Standards For all projects not meeting parking requirements in Table
19.124.040(A), (B) or (C), alternative parking arrangements may be
approved per Section 19. 124.060C
I.Tandem, Valet and Other
Special Parking Arrangements
Tandem, Valet, and other special forms of parking may be approved
per Section 19.124.060C.
J.Minimum Stall Dimensions in
Parking Stnictures
Uni-size space located in a parking garage or other enclosed parking
structure intended for non-residential uses is eight and one-half (8.5)
feet by eighteen (18) feet.
1.Space adjacent to a wall or
structure on one side
Nine feet by eighteen feet.
2.Space adjacent to a wall or
structure on both sides
Nine and one-half feet by eighteen feet.
K.Accessible Parking for the
Disabled
The accessible parking requirement for the disabled is embodied in
Section 1129 B of the California Building Code, as aniended, is
hereby incorporated into this chapter by reference.
L.Heavy Equipment 1. May only be stored within entirely enclosed structures or behind
six-foot-high fencing in interior side yard and rear yard setback
areas; and
2. In no case shall these items be visible from the street even wlien
placed in permitted areas.
3. The provisions in L(1) and L(2) shall not apply to heavy
equipment stored on site that is being used for constniction or
installation of improvements with a valid building or grading
permit.
M.Other Regulations Outlined in Title 11 of the Municipal Code.
N.Landscape Requirements Applicable to all new centers and centers with a twenty-five percent
or greater increase in floor area or a twenty-five percent or greater
change in floor area resulting from use permit or architectural and site
approval within twelve months shall be required to meet the following
minimum landscape requirements.
However, the Planning Commission and/or City Council may
recommend additional landscaping.
1.Mininium Interior Landscaping As required in Table 19. 124.040 (N%1) below:
Table 19.124.040(N)(1):
Size of Parking Facility Landscaping
(Sq. Minimtun Required (% of Total Parking
InteriorFt.) FacilityArea)
Under 14,999 5%
15,000 - 29,000 7.5%
30,000plus 10%
2016 S-58
19.124.040 Cupertino - Zoning 210
Table 19.124.040 - Regulations for Off-Street Parking (Cont.)
N. (Cont.)
2.Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five
parking stalls for every ten spaces in a single row.
ii. Only fifty percent of the trees located along the perimeter of the
parking area may count towards the required number of trees.
iii. A parking facility with larger trees with liigh canopies may be
allowed to increase the number of parking stalls (up to 10 parking
stalls per tree) depending on the size of the tree and canopy size.
3.Landscape Planter Strip At least three feet wide by the length of the parking space.
4.Placement of Trees Shall be offset to prevent vehicles from bumping into them. The
Planning Division shall review and approve final tree locations.
5.Landscape Buffer (inclusive of
curbing and vehicle overhang
allowance)
i. When parking lot is adjacent to a street, landscape buffer = ten
feet wide
ii. When adjacent to a side or rear property line, landscape buffer =
five feet wide,
iii. Buffer between double loading stalls = four feet.
6.Flat and Raised Curbs, Wheel
Stops and Overhang into
landscaped areas
i. Landscape areas shall be enclosed by a six-inch wide continuous
flat curb allowing parking lot nin off into landscaping area,
infiltration islands or swales.
ii. Concrete wheel stops shall be placed 011 top of the flat curb and
shall be provided at a rate of one per two stalls.
iii. Landscape planter strips at the end of the parking aisles adjacent
to a driveway shall be enclosed by a six-inch raised concreted
curb with drainage outlets to help delineate the driveways or
aisles.
iv. Parking stall length may be decreased by up to two feet but must
provide an equivalent vehicle overhang into landscaped areas.
7.Planter Strips i. Curbed planter strips shall be provided at the end of eacli parking
aisle.
ii. Landscape planter strip shall be at least three feet wide and the
length of a parking stall.
8.Pedestrian Paths Where appropriate, provision sliall be made to ensure that adequate
pedestrian paths are provided throughout the parking lot/landscaped
areas.
9.Minimum Tree Size Trees require to meet any section of this title shall be a minimum of
fifteen gallon size.
10.Tree Protection All trees shall be protected by wheel stops, curbing, bollards or other
similar barriers as appropriate.
11.Maintenance All landscaping shall be continuously maintained.
0.Swales and Permeable Surfaces In order to reduce urban runoff and provide water quality benefits in
parking lots, all new parking lots or any substantial alterations to
existing parking lots shall incorporate the following design measures
to the maximum extent possible:
1.Bio-swales Incorporate bio-swales in the required landscaping buffers.
I
2022 S-85
217 Parking Regulations 19.124.040
Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments Weekday We=kend Nighttime
Weetday Wee}:end Nighttitne
Daytitne Evening Daytime Evening (tnidnight -
6:00 a.m.)
(9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
(9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
Residential 75 %100 %80%100%100%
Office/Industrial 100 %10 %10%5%5%
Retail 60%90 %100%70%5%
Hotel 75 %100%75 %100%10 %
Restaurant 100%100 %100%100%10 %
Entertainment/
Recreational
40%100%80%100%10%
1. Determine the minimum amount of parking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 21-2225, Att. A (§ 6), 2021; Ord. 16-2150, § 2, 2016; Ord. 2085, 8, 2 (part),
2011 ; Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part),
1993; Ord. 1601, Exh. A (part), 1992)
19.124.050 Exceptions-Approval Authority.
A. The Director of Community Development may
approve tl'ie following exceptions upon making the written
findings in Section 19.124.060:
1. Exceptions to this cliapter for properties located
a.
District;
b. The Duplex (R2) Zoning District;
2. Single Family homes or duplexes in a Planned
Development District;
2. Tandem parking arrangements in residential
zoning districts.
B. The Design Review Committee may approve
parking exceptions for Minor applications as identified in
Section 19.12.030, upon making written findings in Section
19. 124.060:
C. The Planning Commission may approve parking
exceptions for Major applications as identified in Section
19.12.030, upon making written findings in Section
19. 124.060.
(Ord. 2085, S, 2 (part), 2011)
The Single-Family (R-1) Residential Zoning
i9.l24.060 Exceptions-Findings.
Exceptions to this cliapter may be granted as provided
in this section.
A. Findings for an exception to allow substandard
sized parking spaces in an enclosed garage in the R-1
Single-Family Zoning District:
1. The exception to be granted is one that will
require the least modification and the minimum variance to
accomplish the purpose.
2. Tlie exception to be granted will not preclude tlie
garage from being used to park two standard-sized vehicles.
B. Findings for all other parking exceptions to this
chapter:
1. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
2. Thegrantingoftheexceptionwillnotbeinjurious
to property or improvements in the area nor be detrimental
to the public safety, health and welfare.
3. The exception to be granted is one that will
require the least modification and the minimum variance to
accomplish the purpose.
2022 S-85
19.124.060 Cupertino - Zoning 218
4. Tlie proposed exception will not result in
significant impacts to neighboring properties.
C. Projects proposing Alternative Parking Standards
per Section 19.124.040(H) shall meet the following
conditions in addition to 19.124.060(B)(1)-(4):
a. The applicant submits a detailed parking study
which demonstrates that the proposed use is compatible with
the proposed parking supply. Adjacent on-street parking
may be included in the parking supply.
b. The project is owned or managed by a single
entity.
c. If adjacent properties are used to share parking,
tbey are in close proximity to each other, and reciprocal
parking and access easements and maintenance agreements
are recorded on the applicable properties to nin with the
land.
(Ord. 2085, F§ 2 (part), 2011; Ord. 2056, (part), 2010; Ord.
1940, (part), 2004)
2016 S-58
23 Comprehensive Ordinance List
Ord. No.
1344
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354
1355
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372
1373
Repeals Ord. 220(j) (Repealed by
1601)
Trucks and trailers; repeals Ord. 276
(11.29) (Repealed by 1940)
Amends §§ 11.28.010, 11.28.020 and
11.28.030, miscellaneous parking
(11.28)
Vesting tentative maps (Title 18)
Amends § 11.24. 180, diagonal parking
(11.24)
Rezone (Special)
Adds 8) 16.04.056, spark arrestors
(Repealed by 1706)
Amends § 11.24.150, parking (11.24)
Amends § 16.40.080B, fire code
(Repealed by 1711)
Amends 8, 16.32.050N, swimming
pools (16.32) (16.32.050 Repealed by
Ord. 13-2115)
Rezone (Special)
Amends 8, 15.08.020, water service
(Repealed by 1776)
Amends § 12 of Ord. 1240,
moratorium of extensions along
building lines (Special)
Amends F§ 11.24.150, parking (11.24)
Rezone (Special)
Rezone (Special)
Amends 8, 16.16.050A5, electrical
code (Repealed by 1707)
Amends Ch. 16.04, building code
(Repealed by 1706)
Amends Ch. 16.24, mechanical code
(Repealed by 1709)
Rl Zone (Not codified)
Rezone (Special)
Amends F3 11.20.020, vehicles and
traffic (11.20)
Amends Ch. 16.20, Uniform Plumbing
code (Repealed by 1708)
Amends § 3.24.070G, purchasing
(Repealed by 1582)
Rezone (Special)
Amends § 11.24.160, parking (11.24)
Adds § 3.24.065, purchasing
(Repealed by 1582)
Adds t5 2.20.040, city clerk (2.20)
Amends § 10.52.010, handbills and
advertisements (10.52)
Adds § 9. 12.043, ainends
§§ 9.12.041(3%a%iii), 9.12.042(A)
and Art. V of Ch. 9. 12, and repeals
F§ 9,12,011(B), hazardous materials
(9. 12)
Ord. No.
1374
1375
1376
1377
1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400
1401
1402
1403
Rl Zone; repeals Ord. 1240 (Repealed
by 1449)
Creation of easements (Not codified)
Rezone (Special)
Amends § 10.52.070, handbills and
advertisements (10.52)
Adds e) 2.08.095, city council meetings
(2.08)
Amends entirety of Ch. 16. 16, electric
code (Repealed by 1707)
Amends § 11.24. 140, parking (11.24)
Amends Ch. 11.08, bicycles (11.08)
Amends 53 18-1.1001, subdivisions
(Title 18)
Amends § 10.52.010, distribution of
commercial advertising (10.52)
Amends entirety of Title 18,
subdivisions (18.04, 18.08, 18.12,
18.16, 18.20, 18.24, 18.28, 18.32,
18.36, 18.40, 18.44, 18.48)
Rezone (Special)
Amends § 5.32.290, bingo licenses
(5.32)
Adds § 6.24.061, containers stored in
trasli enclosures (6.24)
Amends § 11.24.150, traffic (11.24)
Amends Ch. 16.56, Uniform Housing
Code (Repealed by 1710)
Amends §§ 11.24.150 and 11.24.160,
traffic (11.24)
Amends § 11.20.020, traffic (11.20)
Amends § 11.24.160, traffic (11.24)
Amends § 2.08.090(A), city council
order of business (2.08)
Amends §§ 11.24.030 and 11.24.140,
traffic (11.24)
Amends § 11.24.150, traffic (11.24)
Amends condition 16 of Ord. 952 and
repeals condition 17 of Ord. 816,
rezone (Special)
Amends § 11.24. 150, traffic (11.24)
Rezone (Special)
Amends §§ 16.40.010, 16.40.020,
16.40.030, 16.40.040, 16.40.060 and
16.40.080, Uniform Fire Code
(Repealed by 1711)
Amends § 3.12.030(A), transient
occupancy tax (3. 12)
Adds Ch. 2.80, fine arts cominission
(2.80)
Amends tj2.l6.OlO, salaries of city
council members (2. 16)
Amends Chs. 15.04, 15.08 and 15.12,
water and sewage (Repealed by 1776)
2020 S-77
Cupertino - Comprehensive Ordinance List 24
Ord. No.
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
2022 S-85
Rezone (Special)
Amends §§ ll.24.l50and 11.24.170,
parking regulations (11.24)
Amends 8, 11.20.030, stop signs
(11.20)
Rezone (Special)
Adds § 11.24.230, parking
prohibitions (11.24)
Amends § 11.24.150, parking
prohibitions (11.24)
Amends % 6.5 and 7.6 of Ord. 652
and repeals § 7.6, zoning (Repealed by
1601)
Rezone (Special)
Amends Ch. 16.52 in its entirety,
flood damage prevention (16.52)
Adds § 11.36.070, traffic (11.36)
Adds §§ 2.365 and 8. 12 to Ord. 746;
repeals and replaces §§ 3.02, 6.03.4,
7.05, 7.12, 8.08, 8.10, 8.11 and
10.03, signs; repeals § 8.01 of Ord.
746 (Title 17)
Rezone (Special)
Adds § 11.24.240, blocking of
intersections (11.24)
Adds Ch. 11.09, pedestrians (11.09)
Rezone (Special)
Amends §§ 11.24. 150 and 11.24. 170,
stopping, standing and parking (11.24)
An'iends Ch. 11.08, bicycles (11.08)
(Portions repealed by 20-2214,
21-2234)
Creates redevelopment agency (Not
codified)
Amends § 11.24.160, stopping,
standing and parking (11.24)
Amends S, 11.24.150, stopping,
standing and parking (11.24)
Rezone (Special)
Amends Condition 16 of zoning action
2-2-83 (Special)
Beverage container redemption and
recycling centers (19.40)
Amends § 11.24.160, parking (11.24)
Amends § 11.24.150, parking (11.24)
Amends §§ ll.20.020and 11.20.030,
stop intersections (11.20)
Adds Ch. 11.34, roadway design
features (11.34)
Adds § 16.32.040(B) and reletters
subsequent subsections, swimming
pool sdety requirements (16.32)
(16.32.040 Repealed by Ord. 13-2115)
Amends § 2.60.010, public safety
commission (2.60)
Ord. No.
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456
1457
1458
Amends §§ 18-1.401.5 and
18-1.501.7, subdivisions (18.16,
18.20)
Rezone (Special)
Rezone (Special)
Rezone (Special)
Amends § 5.20.015, peddlers and
solicitors; repeals § 5.20.070 (5.20)
Establishes interim zoning standards
for the Rl and RHS zones (Not
codified)
Amends § 11.24.150, parking (11.24)
Establishes interim zoning standards
for the Rl and RHS zones (Not
codified)
Amends FS) 16.04.010, 16.04.030,
16.04.060, 16.04.062, 16.16.030,
16.20.030 and 16.24.060, uniform
codes (Repealed by 1709)
(Not enacted)
Temporary parking restriction
(Special)
(Failed)
Amends % 11.20.020 and 11.20.030,
stop intersections (11.20)
Amends § 11.24. 150, proliibited
parking (11.24)
Rezone (Special)
Rezone (Special)
Amends Ord. 220; repeals Ord. 1374,
zoning (Repealed by 1601)
Amends Ord. 220; repeals Ord. 1238,
zoning (Repealed by 1601)
Amends Ord. 220; repeals Ord.
220(i), zonmg (Repealed by 1601)
Amends Ord. 220; repeals Ord.
220(i), zoning (Repealed by 1601)
Ainends Ord. 220; repeals § 5 of Ord.
1238 and § 5 of Ord. 1374, zoning
(Not codified)
Amends 8, 11.24.150, proliibited
parking (11.24)
Amends § 11.24. 150, proliibited
parking (11.24)
Rules governing effectiveness of
zoning standards established by Ords.
l438, 1449, l450 and 1453, zoning
(Not codified)
Amends § 2.08.090(A), order of
business at City Council meetings
(2.08)
Special election on bond issuance for
park, recreational and open space
improvements (Special)
Comprehensive Ordinance List
Ord. No.
20-2200
20-2203
20-2204
20-2205
20-2207
20-2208
20-2209
20-2210
20-2211
20-2213
Amends §§ 3.12.020, 3.12.050,
3. 12.070 (Transient Occupancy Tax),
S, 19.08.030 (definitions), §§ 19.12.090,
19.12.120, 19.12.150, 19.12.080,
19.20.020 and 19.120.050, creating
Chapter 5.08 (Short-term Rental
Activity), regulating short-term rental
uses in residential zoning districts (3. 12,
5.08, 19.08, 19.12, 19.20, 19.120)
Amends 0§ 1.04.010 tlirough 1.04.060
(adds new 8, 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and 1.08.020) right of
entry for inspection; repeals and
readopts Ch. 1.09 (§§ 1.09.010 tlirougli
1.09.110) nuisance abatement; repeals
and readopts Ch. 1.10 (§§ l.lO.010
through 1. 10.180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Criniinal Enforcement), amends
§ 1. 12.010 and 8, 1. 12.020 and repeals
§ 1.12.030 (1.04, 1.08, 1.09, 1.10,
1.12)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends 8, 2. 88. 100, duties-powers-
responsibilities (2.88)
Adopts Ffi 2.20. 120, electronic filing of
campaign statements (2.20)
Amends § 11.24.150, parking
prohibited along certain streets (11.24)
Urgency ordinance temporarily waiving
permit fees for certain temporary
commercial signs and banners (Not
Codified)
Amends §§ 10.48.010, 10.48.051,
community noise control for leaf blower
regulations (10.48)
Ord. No.
20-2214
20-2215
20-2216
20-2218
21-2220
21-2222
21-2223
21-2225
21-2226
Amends §§ 2.04.010, 2.28.040,
8.01.090, 11.08.061 and 13.04.190,
repealing §§ 11.08.040, 11.08.050,
11.08.060, 11.08.070, 11.08.080,
11.08.090, 11.08.100, ll.08.ll0and
11.08. 120, concerning regular meetings
of the City Council, concerning powers
and duties of the City Manager,
concerning animals in city buildings,
concerg bicycle licensing and
registration, and concerning activities
prohibited in city parks (2.04, 2.28,
8.01, 11.08, 13.04)
Amends 8, 3.37.040, miniinum wage
(3.37)
Amends Ch. 2.40 title and §§ 2.40.010,
2.40.025, 2.40.040, 2.40.050,
2.40.060, 2.40.080, and 2.40.110,
regarding emergency management
program and disaster council; adds
§ 2.40.030 (2.40)
Amends §§ 6.24.010, 6.24.020,
6.24.030, 6.24.035, 6.24.037,
6.24.080, 6.24.120, 6.24.150,
6.24.160, 6.24.170, and 6.24.180,
regarding solid waste collection (6.24)
Amends Ch. 5.48 in full (title and
§§ 5.48.010 through 5.48.080),
sidewalk vendors; amends §§ 5.04.290,
5.04.400, 5.20.010, 5.20.015, and
13.04.180, regarding solicitors and
sidewalk vendors (5.04, 5.20, 5.48,
13.04)
Adds Ch. 2. 100, §§ 2. 100.010 tmoug}'i
2. 100. 180, regulation of lobbying
activities (2.100)
Adds Title 17, environmental
regulations, and Ch. 17.08,
§§ 17.08.010 through 17.08.040,
evaluation of transportation intpacts
under CEQA (17.08)
Adds Ch. 19.102, §§ 19.102.010
tin-ough 19.102.040, glass and lighting
standards; amends §§ 19.08.030,
19.40.060, 10.60.060, 19.72.050, and
19. 124.040, to implement bird-safe and
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
Amends S, 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertiiio - Comprehensive Ordinance List
Ord. NO.
21-2227
21-2228
21-2229
21-2230
21-2231
21-2232
21-2234
Amends Ch. 10.90, smoking
regulations; adds §§ 10.90.030 and
10.90.070; renumbers §§ 10.90.030
through 10.90.050 to be §§ 10.90.040
through 10.90.060 (10.90)
Amends 11.27.145 conccrning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(19.56)
Repeals 6.24.037, adopts new 6.24.037
and 6.24.038, amends 6.24.010,
6.24.020, 6.24.060, 9.16.030,
concerning organic waste disposal
reduction (6.24, 9.16)
Adds Ch. 17.04, §§ 17.04.010 through
17.04.060, standard environmental
protection requirements (17.04)
Adds Ch. 2. I IO, § 2.110.010,
teleconference meetings; amends
§§ 1. 12.010, violation of code; adds
§§ 2.36.085, 2.74.075 and amends
§§ 2.60.050, 2.68.050, 2.80.090,
2.86.070, 2.92.090, regarding
commissioner expenses and
compensation; amends §§ 2.48.020,
departments and divisions, 2.74.040,
technology, information, and
communications commission meetutgs,
3.23.060, opening bids, and 8.06.030,
permit period and fee for dangerous
animals; repeals 8, 11.08.020, regarding
bicycle registration; amends references
to department of community
development and planning division in
§§ 14.04.125, 14.18.090, 18.04.020,
19.102.030, 19. 104.220, and Table
19.124.040; amends §§ 16.52.043,
16.52.053, regarding flood damage
prevention (1.12, 2.36, 2.48, 2.60,
2.68, 2.74, 2.80, 2.86, 2.92, 2.110,
3.23, 8.06, 11.08, 14.04, 14.18, 16.52,
18.04, 19.102, 19.104, 19.124)
2022 S-85
5 Ind5H
ATHLETIC EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CITY
Assistant, acting, wlien 2.18.070
Bond requirements 2. 18.060
City staff, relations with 2. 18.040
Conflict of interest 2.64.020
Council, relations with 2.18.030
Eligibility 2.18.100
Employment agreement 2. 18.080
Office established 2. 18.010
Powers, duties 2. 18.020
Public, relations with 2.18.050
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Staff 2.18.090
Suspension, removal, resignation 2.18.110
AUDIT COMMITTEE
Chair 2.88.050
Citypowersunchanged 2.88.130
City staff 2.88.110
Compensation, expense reimbursement 2.88.070
Established, composition 2.88.010
Meetings 2.88.060
Members
atlarge 2.88.020
vacancy 2.88.040
Powers, duties 2.88.100
Recordkeeping 2.88.090
Rules, regulations 2.88.120
Term 2.88.030
Voting 2.88.080
AUTO COURT
Business license tax rate 5.04.390
-B -
BAGS
See SINGLE-USE CARRYOUT BAGS
BAR
See RESTAURANT
BEEKEEPING
See ANIMALS
BELOW MARKET RATE HOUSING PROGRAM
Administration 19.172.030
Purpose 19.172.010
Requirements 19.172.020
BICYCLE
Attacg to vehicle, prohibited 11.08. 170
Bicycle lanes
designated 11.08.250
useregulations 11.08.190
vehiclesusingprohibited 11.08.230
Definitions 11.08.010-11.08.Ol5
Equipmentrequirements 11.08.130
Impoundment 11.08.240
Lanepositionrequirements 11.08.150
License
serial numbers and identifying marks,
prohibited acts 11.08.061
Package carrying restrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
Riding restrictions 11.08.210
Roller skates
See ROLLER SKATES
Routes designated 11.08.260
Skateboards
See SKATEBOARDS
Traffic laws applicability 11.08.140
Violation, penalty 11.08.280
Walking,pedestrianIawsappIicable 11.08.200
BICYCLE PEDESTRIAN COMMISSION
Chairperson 2.92.040
Compensation, expenses 2.92.090
Effect 2.92.110
Established, composition 2.92.OI0
Meetings
majority vote required 2.92.060
procedural rules 2.92.100
quorum 2.92.050
Members
terms of office 2.92.020
vacancy and removal 2.92.030
Powers and functions 2.92.080
Records required 2.92.070
2022 S-85
Cupertino - hidex 6
BINGO
Administrative authority designated 5.32.170
Authority 5.32.010
Defined 5.32.020
Equipment 5.32.090
Financialinterestlimited 5.32.100
Hours 5.32.150
Inspectionauthority 5.32.180
License
applicant investigation 5.32.210, 5.32.220
application, contents 5.32.200
approval, conditions 5.32.240
denial when 5.32.250
fee 5.32.280
nontransferable 5.32.310
records, opportunity to review 5.32.230
renewal 5.32.290
required 5.32.190, 5.32.270
SuSpenSIOn, reVOCatlOn
appeal 5.32.330
authority 5.32.320
notice 5.32.320
Location 5.32.080
Minor, participation prohibited 5.32.040
Organizations permitted to conduct 5.32.030
Participant to be present 5.32. 140
Prizes, value 5.32. 130
Proceeds, charitable uses required 5.32.110
Provisions to supplement state law 5.32.350
Public access required 5.32.050
Recordkeeping 5.32.120
Reporting requirements 5.32.300
Staffing, operation
change, reporting, investigation 5.32.260
generally 5.32.060
Violation, Penalty 5.32.360
BIRD-SAFE GUIDELINES
See GLASS AND LIGHTING STANDARDS
BOND
Attorney, city 2.18.060
Auctioneer 5.08.020
City clerk 2.20.040
Excavation, grading peimittee 16.08. 150
Manager, city 2.28.030
Moving buildings 16.36.060
Private patrol 5.24.050
Public works contract 3.23.140
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
BUILDING
Address number visibility requirements 16.04.050
Electrical Code
See ELECTRICAL CODE
Excavation, foundations, retaining walls
See EXCAVATION, GRADING, RETAINING
WALLS
L,
Fence
See FENCE
Heating, cooling
See MECHANICAL CODE
Inspector
bingo license applicant investigation 5.32.220
building moving permit issuance 16.36.050
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
fees 16.36.055
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
tnick requirements 16.36.110
supervisor, duties 16.36.120
Plumbing code
See PLUMBING CODE
Preliminary soils report
See Soils report
codeadoption 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
Soils report
approvaIl 16.12.050
buildingpermitconditions 16.12.060
codeadoption 16.12.010
contents 16.12.030
preparation 16. 12.040
required 16.12.020
Swimming pool 16.04.400
2021 S-82
11 Index
EMPLOYEE, CITY
See also Specific Employee
Communication with public
See COMMUNICATION WITH CITY
See OFFICIALS
General personnel policies
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENERGY CODE
Adoption of 2019 California Energy Code
16.54.010
Definitionandrulesofconstruction 16.54.110
Local amendments 16.54.040
Scope 16.54.100
ENCROACHMENTS
See STREETS AND SIDEWALKS
ENGINEER, CITY
Encroachment permit issuance 14.08.050
Preliminary soil report approval 16. 12.050
Truckroutesigning 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
Standard requirements
See STANDARD ENVIRONMENTAL
PROTECTION REQUIREMENTS
ENVIRONMENT AL REGULATIONS
Evaluation of transportation impacts
See TRANSPORTATION IMPACT
Standard environmental protection requirements
See STANDARD ENVIRONMENTAL
PROTECTION REQUIREMENTS
ENVIRONMENTAL REVIEW COMMITTEE
Appeals 2.84.100
Chairperson 2.84.030
Citypowersnotrestricted 2.84.120
Compensation, expense reimbursement 2.84.050
Environmentalassessmentfee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties
generally 3.25.020
Open market, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
Transfer to charity, public agency 3.25.100
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08. 150
Civil engineer grading supervision 16.08.230
Definitions 16.08.020
Engineeringgeologicalreports 16.08.120
Fees 16.08.160
Grading
See also Specific Type or Pliase
emergencypermitissuance 16.08.185
supervision 16.08.230
Inspections 16.08.250
Interiniplan 16.08.110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee responsibility 16.08.220
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08.100
Soilsengineeringreports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
scliedule required 16.08. 140
2022 S-85
Cupertino - Index 12
EXPLOSIVES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
-F -
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
See ZONING
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Stomi drainage service cliarge
billcorrectionautfiority 3.36.I50
collection duties
balance payments 3.36.090
generally 3.36.080
omitted charges 3.36.100
premises inspection authority 3.36. 190
FINANCE OFFICER
Alarm systems
administration and enforcement 10.26. 100
appeals hearing 10.26. 120
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effectofprovisions 2.80.100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quorum 2.80.050
voting, requirements 2.80.060
Members
appointment, composition 2.80.OI0
terms of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Records 2.80.070
FIRE
See FIRE CODE
See SMOKING
FIRE CHIEF
Bingo license applicant investigation 5.32.220
FIRE CODE
Administration 16.40.020
Adoption of 2019 California Fire Code and 2018
International Fire Code 16.40.010
Adoption of Appendix Cl'iapters 16.40.015
Building services and systems 16.40. IOO
Construction requirements for existing buildings
16.40. 160
Decorative vegetation in new and existing
buildings 16.40. 120
Definitions 16.40.040
Explosives and fireworks 16.40.240
Fire protection and life safety systems
16.40. 140
Fire safety during constniction and demolition
16.40. 180
Fire service features 16.40.080
Flammable and combustible liquids 16.40.260
Flammable gases and cryogenic fluids 16.40.280
General requirements 16.40.060
Hazardous materials - general provisions 16.40.220
HighIy toxic and toxic materials 16.40.300
Liquified petroleum gases 16.40.320
Pyrophoric materials 16.40.340
Toxic and highly toxic materials 16.40.300
Wndland-Urban Interface Fire Areas,
requirements for 16.40.200
FIREARM
Permit required IO.76.OI0
Violation, penalty 10.76.020
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority g.os. 100
l'iearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
('l
2021 S-81
17 Index
LICENSE
See also PERMIT
Bingo 5.32.190, 5.32.270
Business
See BUSINESS LICENSE
Cat 8.08.350
Commercial advertising 10.52.060
Dog 8.08.260
LIGHT POLLUTION
See GLASS AND LIGHTING STANDARDS
LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 19.132.070
applicabilityofprovisions 19.132.020
conditional use permit
findings, basis 19.132.050
grant criteria 19. 132.030
hearing 19.132.040
purpose of provisions 19. 132.010
restrictions generally 19.132.060
Consumption, open container possession
prohibitions 10.49.010
Violation, penalty 10.49.020
LOADING ZONES
See PARKING
LOBBYING ACTIVITIES, REGULATION OF
Definitions 2. 100.030
Enforcement 2.100.150
Exemptions 2.100.180
Gifts 2.100.140
Injunction 2. 100. 160
Interpretation 2. 100.020
Lobbyist identification 2. 100. 120
Practicerestrictions 2.100.170
Prohibitions 2.100. 130
Purpose 2. 100.010
Quarterly reports 2. 100. 100
Records retention 2. 100. 110
Registration 2. 100.040
active status 2.100.070
annual registration renewal 2. 100.050
registration fees 2. 100.080
required registration information 2. 100.090
Terminationoflobbyiststatus 2.100.060
-M -
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04. 130
Animal control
administrative authority 8.01.040
seizure hearing 8.06.040
Approved street tree enforcement 14.16.080
Bicycle
enforcement 11.08.030
lanes designation 11.08.250
Bingo license
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
denial 5.32.250
Bingo, provisions administration 5.32.170
Clerk, city, appointment 2.20.100
Commission meetings, attendance 2.28.060
Compensation, reinibursement 2.28.080
Created 2.28.010
Departmental organization authority 2.48.030
Director of emergency services 2.40.050
Eligibility, bond 2.28.030
Garage, patio sale enforcement authority 5. 16.060
Grocery store enforcement authority 5.36.060
Park and/or building permit issuance 13.04.040
Parks administration 13.04.220
Pedestrian regulations administration 11.09.020
Powers, duties 2.28.040
Relations with council 2.28.050
Sales and use tax, alternate, collection 3.09.050
Solicitor
administrative authority 5.20. 100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Street tree enforcement 14. 12.040
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension,
revocation 5.28. 180
Temporary absence, replacen'ient 2.28.070
Traffic
speedlirnitsigning 11.12.040
stop intersection signing 11.20.040
Water
department duties 15. 12.090
provisions enforcement 15.12.050
2022 S-85
Cupertino - Index 18
MARIJUANA 19.98.010
MARIJUANA, MEDICINAL AND ADULT USE OF
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
MASSAGE EST ABLISHMENTS, SERVICES
Conditionsofpremises 9.06.196
Definitions 9.06.020
Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
License, permit
See also MTO certificate, Permit
application 9.06.050
documentation 9.06.055
fee 9.06.060
grounds for denial 9.06.070
expiration and renewal 9.06.065
required 9.06.040, 9.06.041
Suspension Or reVOCatlOn
appeals 9.06.220
grounds 9.06.200
hearing 9.06.210
notice 9.06.210
MTO certificate
See also License, pet, Permit
required 09.06.041
Operating requirements 9.06.193
Permit
See also License, permit, MTO certificate
massage establishment employees
permit requirements 9.06.080
massage therapist
annual medical examination 9.06. 160
criteria 9.06.110
practical examination 9.06.120
outcall massage
application 9.06. 180
criteria 9.06.190
Prohibited acts 9.06. 198
Purpose of provisions 9.06.010
Sanitary conditions 9.06.196
Violation
continuing 9.06.260
alternative remedies 9.06.260
penalty 9.06.250
public nuisance 9.06.240
MAYOR
Employees' retirement system execution 2.56.020
MECHANICAL CODE
Adoption of 2019 Mechanical Code based on the
2018 Uniform Mechanical Code 16.24.010
Adoption of appendix chapters 16.24.015
Name insertion 16.24.020
MEDICINAL MARIJUANA
Commercial marijuana activities I0.84.030
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
MINIMUM WAGE
Application of minimum wage to welfare-to-work
programs 3.37.110
Authority 3.37.020
Defiiiitions 3.37.030
Enforcement 3.37.090
Fees 3.37.120
Implementation 3.37.080
Miniinum wage 3.37.040
Notice, posting and payroll records 3.37.060
Relationship to other requirements 3.37.100
Retaliation prohibited 3.37.070
Title 3.37.010
Waiver througl'i collective bargaining 3.37.050
MINOR
See BINGO
CURFEW
MOBILE VENDORS
See VENDORS, SIDEWALK
MOSQUITOES
Abatement
by city when 9.16.080
COSt
See also Lien
paymentbyowner 9.16.090
notzce
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9. 16.020
Ill, .:
2021 S-81
19 hidex
Enforcement authority 9. 16.030
Findings, intent 9.16.010
Health officer defined 9. 16. 150
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9. 16.120
generally 9.16.100
recordation, priority 9. 16. 110
satisfactionfromsaleproceeds 9.16.130
Recurrence of nuisance 9. 16.070
MOTEL
Business license
See also BUSINESS LICENSE
fee 5.04.390
MOTOR COURT
Business license tax rate 5.04.390
MOVING BUILDINGS
See B?JILDING
-N -
NEWSPAPER
See ADVERTISEMENT
NEWSRACKS
Administration
See Committee
Amortization 10.21.120
Appeals 10.21.100
Applicability of provisions 10.21.030
Cominittee 10.21.060
Definitions 10.21.020
Design standards 10.21.040
Display of certain materials prohibited 10.21.050
Maintenance 10.21.070
Permit, insurance requirements 10.21.080
Purpose of provisions 10.21.010
Violation
abatement 10.21.090
penalty 10.21.110
NOISE CONTROL
Astration 10.48.020
Animals, birds 10.48.061
Brief daytime incidents 10.48.050
City depaent duties 10.48.023
Definitions 10.48.010
Deliveries, pickups, nighttime 10.48.062
Disturbance prol'iibited 10.48.060
Emergency exception 10.48.030
Exceptions
appeal 10.48.032
emergency 10.48.030
liomeowner construction work 10.48.029
special, granting 10.48.031
Grading, construction, demolition 10.48.053
Home maintenance activities 10.48.051
Maximum levels 10.48.040
Motor velucle '
faulty muffler system 10.48.056
idling 10.48.055
Multiple-faniily dwelling unit,
interior noise 10.48.054
Multiple section applicability 10.48.013
Officer
See NOISE CONTROL OFFICER
Other remedies 10.48.014
Outdoor public events 10.48.055
Recreational vehicles 10.48.057
Violation
notice 10.48.011
penalty 10.48,)070
NOISE CONTROL OFFICER
Administrative duty 10.48.020
Defined 10.48.010
Duties 10.48.022
Exception granting authority 10.48.031
Noise abatement order 10.48.011
Powers 10.48.021
NUISANCE
Abandoned,wrecked,inoperativevehicle 11.04.010
Abatement
See NUISANCE ABATEMENT
Animal 8.08.150
Graffiti 10.60.020
Marijuana, use of 10.84.050
Nighttime delivery to commercial
establishment 10.48.062
Property maintenance
See PROPERTY MAINTENANCE
Sewer wells, cesspools, seepage pits 15.20. 120
Sign, illegal 19.104.330
Weeds 9.08.020
2018 S-77
Cupertino - hidex 20
NUISANCE ABATEMENT
Appeals of notice and order to abate
nuisance 1.09.070
Authorization to proceed; abatement work 1.09.080
Collection of abatement costs LO9.090
Determination of public nuisance 1.09.040
Definitions 1.09.030
Emergency nuisance abatement procedure 1.09. 100
Notice and order to abate nuisance I.09.050
Purpose 1.09.020
Report of costs 1.09.060
Short title, statutory authority 1.09.010
Violation, penalty 1.09.1 IO
-0 -
OFF-STREET VEHICLES
Appealfrompermitdenial 11.10.015
Exemptions 11.10.013
Operation
parent, guardian responsibility I 1. IO.OI4
permitrequirements 11.10.012
Purposeofprovisions 11.10.010
Vehicle defined ll.10.01l
Violation, penaIty 11.10.016
ORDINANCE
See also RESOLUTION
Clerk record keeping 2.20.030
Defined 1.04.010
Passage
effective date 2.12.050
time, reading 2.12.020
vote required 2.12.040
Publication 2.12.010
Real property description requirements 2. 12.060
-P -
PACIFIC GAS AND ELECTRIC COMPANY
See FRANCFnSE
PARADES AND ATHLETIC EVENTS
Administration, authority designated 10.44.030
City costs, reimbursement 10.44.075
Definitions 10.44.020
Indemnification requirements 10.44.055
Liability insurance required 10.44.056
Obstruction, interference prohibited 10.44. 130
Permit
appeal 10.44.140
application
contents 10.44.050
criteria 10.44. 100
decision, notice 10.44.100
fee 10.44.070
filing period 10.44.060
contents 10.44. 110
required 10.44.040
revocation 10.44. 150
suspension, emergency 10.44. 160
Purpose of provisions 10.44.010
Route, site, cordoning 10.44.120
Violation, penalty 10.44. 180
PARK AND RECREATION COMMISSION
See also DEPARTMENT ORGANIZATION
PARKS, CITY
Chairman 2.36.040
Compensation, expenses 2.36.085
Effectofprovisions 2.36.110
Established 2.36.010
Majority vote required when 2.36.060
Meetings 2.36.050
Members
terms of office 2.36.020
vacancy, removal 2.36.030
Powers, functions 2.36.080
Procedural rules 2.36.090
Records 2.36.070
PARKING
Camp car, mobilehome, prohibited where 11.28.020
City property
definitions 11.31.010
parking defined 11.31.010
prohibited 11.31.020
unlawful 11.31.030
violation, penalty 11.31.040
Commercial veicle weight limit 11.28.030
Construction, repair, greasing of vehicle,
prohibited where 11.28.040
Curb markings, signs
designated, meaning 11.24.040
obedience required 11.24.050
private street
See Private street
Definitions I1.24.030, 11.28.010
Diagonal
private street
2022 S-85
26A Index
SOLID WASTE
See GARBAGE
RECYCLING AREAS: SOLID WASTE,
NON-ORGANIC RECYCLING
SPECIFIC PLAN
See LAND DEVELOPMENT PLANNING
SPORTING EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ST ANDARD ENVIRONMENT AL PROTECTION
REQUIREMENTS
Applicability 17.04.030
Compliance, demonstration of 17.04.030
Definitions 17.04.020
Purpose 17.04.010
Standard environmental protection permit submittal
requirements 17.04.050
Standard environmental protection teclinical report
submittal requirements 17.04.040
Violations 17.04.060
STORM DRAINAGE SERVICE CHARGE
Adjustments, conditions 3.36.160
Amount
See Imposed, determination, applicability
Applicability
See Exemptions
Imposed, determination, applicability
Collection
See also Disputed charges
Payment
balance, procedure 3.36.090
omittedcliarges 3.36.100
procedure, regulations generally
3.36.080
2022 S-85
Cupertino - Index 26B
Index
use 18.36.020
recordation 18.36.070
Scliool
land dedication
exemptions 18.24. 170
payment to subdivider 18.24. 160
procedure 18.24.150
required 18.24.140
tent map requirements
See Tent map
Sewer system 18.32.050
Soils report
See Final map
Storm drainage 18.32.030
Street
improvement, reimbursement
See STREET IMPROVEMENT
dedication 18.24.010
direct access waiver 18.24.230
Tentative map
See also Map
amendments to approved tentative map
18.16.110
action of city council 18. 16.070
action of community development
director 18.16.040
notice of public hearings 18. 16.040
action of planning commission
recommendingapproval 18.16.050
recommending denial upon certain
findings 18.16.060
required findings 18.16.050
department of community development
action 18. 16.030
expiration 18.16.090
extension of time for planning commission or
city council action 18.I6.080
extensions 18.16.100
formandcontents 18.16.010
submittal to depaent of community
development 18.16.020
Tentative parcel map
See also Map
amendments
See Map
appeals 18.20.060
appeals of decisions 18.20.070
procedure 18.20.070
approval 18.20.040
required findings 18.20.040
denial upon certain findings 18.20.050
department of community development,
submittal to 18.20.020
expiration and extensions 18.20.080
form and content 18.20.010
reviewandnoticeofpublicliearings 18.20.030
Utility undergrounding 18.32.070
Variance permitted when 18.04.050
Vesting tentative map
See also Map
applicability of provisions 18.28.030
expiration 18.28.060
consistency 18.28.020
fees 18.28.050
filing,processingrequirements 18.28.040
generally 18.28.010
vesting 18.28.070
Violation
certificate of noncompliance
See Compliance
remedies 18.48.020
Warranty security
See Improvement security
Water system 18.32.060
SURPLUS PROPERTY
See EQUIPMENT, SURPLUS, SALE
SUST AINABILITY COMMISSION
Chairperson 2.94.040
Compensation, expenses 2.94.090
Effect 2.94.110
Established, composition 2.94.010
Members
terms of office 2.94.020
vacancy or removal 2.94.030
Meetings
majority vote required 2.94.060
proceduralrules 2.94.100
quorum 2.94.050
Powers and functions 2.94.080
Records required 2.94.070
SWIMMING POOL 16.04.400
SWINE
See ANIMAL
-T -
TAVERN
See RESTAURANT
TAX
See Specific Tax
2018 S-70
Cupertino - Index 32
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of
hearing 3.12.090
TAX COLLECTOR
Storm drainage service charge collection
duties 3.36.080
TAXICAB
Adn'iinistrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Definitions 5.28.010
Direct route 5.28. 290
Driver permit
application, issuance 5.28.165
denial 5.28.170
employmenttermination 5.28.175
required 5.28.160
suspension, revocation 5.28. 180
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.I40
required 5.28.120
requirements 5.28. 130
Overcharge, restitution 5.28.210
Permit
application 5.28.070
denial 5.28.080
driver
See Driver permit
for additional, substitute vehicles
5.28.110
required 5.28.060
revocation, suspension 5.28.I00
term 5.28.090
Refusal of service prohibited 5.28.200
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
TECHNOLOGY, INFORMATION, AND
COMMUNICATIONS COMMISSION
Budget 2.74.070
Compensation, expenses 2.74.075
Effect of provisions 2. 74.080
Establislied 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
terms of office 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Records 2.74.050
TEEN COMMISSION
Chairperson 2.95.040
Compensation, expenses 2.95.090
Effect 2.95.110
Established 2.95.010
Meetings
majority vote required 2.95.060
proceduralrules 2.95.100
quorum 2.95.050
Members
terms of office 2.95.020
vacancy, removal 2.95.030
Powers and functions 2.95.080
Records 2.95.070
TELECOMMUNICATION USERS' TAX
Actions to collect 3.35.100
Additional powers and duties of the Tax
Administrator 3.35.130
Administrative remedy - non-paying service
users 3.35.120
Adoption 3.35.020
Appeals 3.35.160
Bundling taxabIe items with non-taxable items
3.35.060
Collection penalties - service suppliers 3.35.090
Constiffitional, statutory, and other exemptions
3.35.040
Deficiency determination and assessment - tax
applicationerrors 3.35.110
Definitions 3.35.030
Duration 3.35.230
Duty to collect - procedures 3.35.080
Effect of state and federal reference/
authorization 3.35.190
Independent audit of tax collection, exemption,
remittance, and expenditure 3.35.200
Interaction with prior tax 3.35.210
Noinjunction/writofmandate 3.35.170
Notice of changes to ordinance 3.35.180
2022 S-85
33 Index
Records 3.35.140
Refunds 3.35.150
Remedies cumulative 3.35.220
Short title 3.35.010
Substantial nexus /minimum contacts 3.35.070
Telecommunicationusers' tax 3.35.050
TELECONFERENCE MEETINGS
Teleconferencemeetings 2.110.010
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.440
Smoking
See SMOKING
TOBACCO PRODUCTS: REGULATING THE
SALE OF
See also SMOKING; REGULATION OF
Appeals 5.50.150
Compliancemonitoring 5.50.110
Definitions 5.50.020
Enforcement 5.50.160
Fees 5.50.100
Intent 5.50.010
No conflict with federal or state law 5.50. 170
Penalties
for a yiolation by a retailer with a permit
5.50. 130
for retailing without a permit 5.50. 140
Permit
application proccdure 5.50.050
conveys limited, conditional privilege
5.50.090
denial 5.50.060
eligibility requirements for 5.50.040
expiration 5.50.070
issuance of 5.50.060
nontransferable 5.50.080
penalties for
retailing without a permit 5.50. 140
violation by a retailer with a permit
5.50.130
renewal 5.50.070
revocation 5.50.060
term 5.50.070
Requirements and prohibitions 5.50.030
Underage sales, prevention of 5.50. 120
TRACTOR
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
TRAFFIC
Cruising
definitions 11.30.010
exemptions 11.30.020
prohibited 11.30.030
violation, penalty 11.30.040
Curb opening closure
authority 11.36.030
hearing
appeal 11.36.060
authorized 11.36.050
notice contents 11.36.040
provisions nonexclusive 11.36.020
purpose, definitions 11.36.010
14.04. 125Diverters
Downtown area
See Cniising
Driveway opening
See Curb opening closure
Engineer
See TRAFFIC ENGINEER
Intersections, blocking prohibited 11.24.240
Loading zones
See Parking
Median closure
See Curb opening closure
Parking
See PARKING
Road bumps
administrative authority designated 11.34.020
defined 11.34.010
installation where, criteria 11.34.030
Road construction, traffic regulations 11.36.070
Speed bumps
See Road bumps
Speed limits
authority, declaration 11.12.020
establislied 11.12.030
purposeofprovisions 11.12.010
signing 11. 12.040
Stop intersection
all directional, designated, required action
11.20.030
designated, required action 11.20.020
purposeofprovisions 11.20.010
signing 11.20.040
Stopping, standing
See PARKING
2022 S-85
Cupertino - Index 34
Truck routes
compliance required I1.32.030
established 11.32.020
pickups, deliveries, exceptions 11.32.070
school zones -prohibited vehicles IL32.055
truckdefined 11.32.010
unrestrictedhighwaysdesignated 11.32.050
use regulations generally I1.32.060
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
TRAFFIC ENGINEER
Bicycle lane sign erection 11.08.260
Parking
curb marking, sign authority 11.26.040
handicappedparkingspaceapproval 11.26.100
loading space establishment authority
11.26.070
space marking authority 11.26.060
TRANSIENT OCCUPANCY TAX
Collection action 3. 12. 130
Definitions 3. 12.020
Failure to collect and report
appeal 3.12.100
determination 3. 12.090
Imposition 3. 12.030
Operator duty 3. 12.050
Penalty, interest 3. 12.080
Records retention, access 3.12.110
Refund condition 3.12. 120
Registration 3. 12.060
Reporting, ren'iitting 3. 12.070
Short title 3. 12.010
Violation, penalty 3. 12. 140
TRANSPORTATION IMPACT
Evaluation of transportation inipacts under the
California Enviromnental Quality Act (CEQA)
applicability of regulations 17.08.030
definitions 17.08.010
purpose 17.08.020
vehicle miles traveled (VMT) standards
17.08.040
Transportation impact fee program
applicability 14.02.040
autliority 14.02.030
def'initions 14.02.020
disposition of TIF program revenue and TIF
capital project constniction 14.02.080
exemptions 14.02.060
fee credits 14.02.070
purpose 14.02.010
TransportationlmpactFeeProgram 14.02.050
TRAPS
See ANIMAL
TREASURER, CITY
Conflict of interest 2.64.020
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
MonthIy statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.OI0
TREASURER, COUNTY
Assessment collection responsibility 3. 16.010
TREE
See STREETS AND SIDEWALKS
TREES
TREES
Protected Trees
action by Director 14.18. 120
actions prohibited 14.18.030
definitions 14.18.020
exemptions 14.18.150
l'ieritage tree designation 14.18.070
heritage tree identification tag 14. 18.090
heritagetreelist 14.18.080
penalty 14.18.220
planofprotection 14.18.060
protected trees 14. 18.050
protection during construction 14. 18.200
purposeofprovisions 14.18.010
recordation 14.18.100
removal
application 14.18.110
approval authority 14. 18. 110
notice and posting 14.18. 130
notice of action 14.18. 190
appeal 14.18.190
protection plan before granting permit
14.18.210
retroactive permit 14. 18. 170
review 14.18.180
retentionpromoted 14.18.040
Tree Management Plan 14.18.140
tree replacement 14. 18.160
Street tree regulations
appeals 14.12.170
building permit requirements
condition of issuance 14. 12. 120
definitions 14.12.020
enforcement 14. 12.040
2021 S-81