CC Ordinance No. 24-2267 Repealing Municipal Code Chapter 15.04 and Amending Municipal Code Chapters 2.32, 2.74, 2.86, 11.08, and 13.041
ORDINANCE NO. 24 -2267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL
CODE CHAPTERS 2.32, 2.74, 2.86, 11.08, AND 13.04
The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to
improve City operations and bring the Code up to date with current law and
policy.
2. This Ordinance makes minor revisions to the Cupertino Municipal Code to
reflect changes in law, provide clarification to the community, and provide for
improved customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Repeal and Adoption.
a) Cupertino Municipal Code Chapter 15.04 is hereby repealed in its entirety.
b) The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
Ordinance No. 24-2267
Page 2 SECTION 3: Effective Date.This Ordinance shall take effect thirty days after adoption as provided by GovernmentCode Section 36937. SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law.Pursuant to Government Code Section 36933, a summary of this Ordinance may beprepared by the City Clerk and published in lieu of publication of the entire text. TheCity Clerk shall post in the office of the City Clerk a certified copy of the full text of theOrdinance listing the names of the City Council members voting for and against theordinance.INTRODUCED at a regular meeting of the Cupertino City Council on October15, 2024 and ENACTED at a regular meeting of the Cupertino City Council onNovember 19, 2024 by the following vote:Members of the City CouncilA YES: Mohan, Fruen, Chao, Moore, WeiNOES: None ABSENT: NoneABSTAIN: NoneSIGNED:� �Sheila Mohan, MayorCity of CupertinoATTEST:��Kirsten Squarcia, City Clerk APPROVED AS TO FORM:�ro.� Christopher D. Jensen, City Attorney DateDateNov 25, 2024Date12/9/2024
12/9/2024
Page 1
Attachment A –
Amendments to Municipal Code Chapters 2.32, 2.74, 2.86, 11.08, and 13.04
1. Amendments to Chapter 2.32: Planning Commission
2.32.060 Amendments–Records.
A. The affirmative vote of not less than a majority of its total voting members is
required to approve a recommendation to amend the zoning ordinance; a majority vote
is required to take any other action.
B. The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the Council as may be required by ordinance or
resolution, and shall submit an annual report to the Mayor. These records shall be filed
with the City Clerk.
2. Amendments to Chapter 2.74: Cupertino Technology, Information, and
Communications Commission
2.74.010 Established.
The Technology, Information, and Communications Commission (formerly
Telecommunications Commission of the City) is established and 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. All members shall
be City of Cupertino residents. Members of the Technology, Information, and
Communications Commission shall be appointed by the City Council.
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:
1. Advise the City Council and City Manager on all matters relating to technology,
information, and communications within the City of Cupertino;
2. 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
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2024 Code Cleanup Ordinance – Page 2
noncommercial, educational materials about technology, information, and
communications services;
3. Provide support for community access television, especially public and educational
access, and give guidance when needed for development and implementation of access
channels and programming;
4. Recommend ways to foster the City’s best use of technology, information, and
communications infrastructure and services for the maximum benefit of the
community; and
5. Provide education to the community on the responsible and safe use of technology,
information, and communications infrastructure and services, including cybersecurity
education and best practices.
3. Amendments to Chapter 2.86: Housing Commission
2.86.010 Established–Composition.
A. The Housing Commission of the City is established. The Housing Commission
shall consist of five members, as follows:
1. Representative from 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 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. All members except the Cupertino
business representative shall be City of Cupertino residents. Members of the Housing
Commission shall be appointed by the City Council.
C. The Director of Community Development or their designee shall provide technical
assistance to the Commission.
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4. Amendments to Chapter 11.08: Bicycles
11.08.180 Exemptions.
The prohibition in Section 11.08.160 against riding, using, or operating a bicycle on a
sidewalk shall not apply to the following:
A. A child age twelve years and under.
B. An adult accompanying a child age twelve years and under who is also riding,
using, or operating a bicycle.
C. Any person riding, using or operating a bicycle on a pedestrian path, unless
specifically posted as prohibited.
D. Any person riding, using or operating a bicycle on the north side of Pacifica Drive,
between Regnart Creek Trail and Torre Avenue.
E. Any person riding, using or operating a bicycle on the east side of Finch Avenue,
between Tilson Ave and 200 feet north of Calle de Barcelona.
5. Amendments to Chapter 13.04: Parks
13.04.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed
as defined in this section:
A. “Buildings” includes those buildings, or any portion thereof, under the
supervision of the parks and recreation department made available to exclusive use
permittees.
B. “City” means the City of Cupertino.
C. “City Manager” means the City Manager of the City of Cupertino or their
designee.
D. “Park” means a park, reservation, playground, swimming pool, recreation center
or any other area in the City, owned or used by the City or county and devoted to active
or passive recreations.
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E. “Permit” means a permit for exclusive use of parks or buildings as provided for
and defined in this chapter.
F. “Persons” include persons, associations, partnerships, firms and corporations, or
any company organization of any kind.
G. “Sound amplifying equipment” means any machine or device for the
amplification of the human voice, music, or any other sound. “Sound amplifying
equipment” does not include standard automobile radios when used and heard only by
the occupants of the vehicle in which the automobile radio is installed. “Sound
amplifying equipment,” as used in this section, does not include warning devices on
authorized emergency vehicles or horns or other warning devices of any vehicle used
only for traffic safety purposes.
H. “Vehicle” means any wheeled conveyance, whether motor-powered, animal-
drawn, or self-propelled. The term includes any trailer in tow of any size, kind or
description. Exception is made for baby carriages, wheelchairs, and vehicles in the
service of the City parks.
I. “Nature and/or rural preserve” means a park so designated by the City Council
pursuant to Section 13.04.201.
13.04.130 Behavior of Persons in Parks.
No person in a park shall do any of the following:
A. Bring to a park any alcoholic beverages, and no person may drink alcoholic
beverages at any time in a park, except picknickers, who may bring to a park, and
drink, beer or wine with their picnic meal, so long as they conduct themselves in an
orderly manner;
B. Enter or remain in a park while under the influence of intoxicating liquor or any
drug;
C. Have brought, or have in his possession, or set off, or otherwise cause to explode
or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or
explosives of inflammable material, or discharge them or throw them into any such area
from land or any highway adjacent thereto. This prohibition includes any substance,
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compound, mixture or article that, in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints;
D. No person having the control or care of any dog, shall suffer or permit such dog to
enter or remain in a park or sport field, unless posted for such use, and then only if it is
led by a leash of suitable strength not more than six feet in length, unless it is permitted
to be off-leash by the City as part of a City-authorized event or program; and the owner
and the attendant shall be responsible for any damage caused, in any event, by such
dog, even if on leash;
E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without
a permit to do so from the Director of parks and recreation;
F. Make or kindle a fire for any purpose, except at places provided for such purpose,
unless prior special permission be obtained therefor from the Director;
G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet
the use of, any area in violation of posted notices;
H. Play or bet at or against any game which is played, conducted, dealt, or carried on
for money, chips, shell, credit or any other representative of value, or maintain or
exhibit any gambling table or other instrument of gambling or gaming, or play any
game prohibited by any other ordinance of the City;
I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in
loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any
disorderly conduct or behavior tending to a breach of the public peace;
J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow
and arrows, slings or any other forms of weapons potentially dangerous to wild life or
to human safety. Shooting into park areas from beyond park boundaries is prohibited;
K. Solicit alms or contributions for any purpose, whether public or private, without
prior permission from the City Council;
L. Use or allow the use of powered model airplanes or drones except in areas so
designated by the department of parks and recreation;
M. Play or practice golf or use golf clubs in any area of the park not designated for
such use;
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N. Indulge in riotous, boisterous, threatening or indecent conduct.
O. No person shall skate or rollerblade in a manner that causes damage to park
amenities or threatens the safety or well being of park patrons. Skating or rollerblading
is prohibited on raised surfaces where signed.
P. Feeding Waterfowl Prohibited. No person shall feed or in any manner
intentionally provide food to any waterfowl (geese, ducks, or coots) in any City park.
Ordinance No 24-2267 Repealing Municipal
Code Chapter 15.04 and Amending Municipal
Code Chapters 2.32, 2.74, 2.86, 11.08, and
13.04
Final Audit Report 2024-11-25
Created:2024-11-25
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAAwsAeyTKLGIGgufZEXB26B7mm2HDJKog
Ordinance No 24-2267 Repealing Municipal Code Chapter 15.
04 and Amending Municipal Code Chapters 2.32, 2.74, 2.86, 11.
08, and 13.04" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
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Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
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Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-11-25 - 10:07:49 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-11-25 - 10:07:49 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance No.
24-2267 which was enacted on November 19, 2024, and that it
has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 9th day of December 2024.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
