HomeMy WebLinkAboutCC Ordinance No. 26-2283 AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND 3.38.”ORDINANCE NO. 26-2283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND
3.38
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 CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
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. 26-2283
Page 2
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action would have
no effect on the environment. The foregoing determination is made by the City Council
in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: 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 be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on May 5,
2026 and ENACTED at a regular meeting of the Cupertino Ci ty Council on May 19,
2026 by the following vote:
Ordinance No. 26-2283
Page 3
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
Kitty Moore, Mayor
City of Cupertino
Date
Lauren Sapudar, City Clerk Date
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
Date
______________________________
06/03/2026
6/4/2026
6/4/2026
Attachment A
Amendments to Municipal Code Chapters 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38
1.Amendments to Chapter 1.10: Administrative Citations, Fines, and Penalties
1.10.020 Definitions.
For purpose of this chapter, the following definitions shall apply:
1."Administrative Citation Fines" means a penalty to be paid in conjunction with
issuance of an administrative citation for a violation of the municipal code.
2."Administrative Penalty" means a penalty, separate from the administrative
citation fine, assessed by the City Council for a violation of the municipal code.
3."Business day" means a day on which the main operations of the City of
Cupertino are open for business and does not mean any day on which only
specialized functions are in operation, such as divisions of the city or its agents
that operate on a 24/7 schedule.
4."Enforcement officer" means any city employee or employee of a contracting
agency or any agent of the city with the authority to enforce any provision of
this municipal code, including, but not limited to, the City Manager, City
Attorney, Director of Finance, Director of Community Development, Director
of Parks and Recreation, Director of Public Works and any Sheriff, Animal
Control Officer or Code Enforcement Officer.
5."Hearing Officer" means any person designated by the City Manager to hear
appeals of administrative citations. The Hearing Officer shall not be any
enforcement officer or supervisor. The employment, performance evaluation,
compensation and benefits of the Hearing Officer shall not be directly or
indirectly conditioned upon the amount of administrative citation penalties
upheld by the Hearing Officer.
6."Responsible person" means any person who is in immediate control of the
premises or activity which constitutes a violation of this municipal code
and/or applicable statute, rule, code or regulation, the business owner, the
property owner, and any person engaging in prohibited conduct.
2.Amendments to Chapter 2.20: City Clerk
2.20.020 Recordkeeping–Financial Status of City.
The duties now and hereafter imposed upon the City Clerk by State statute for
the maintenance of accounting records readily reflecting the financial condition
of the City are hereby transferred to the Director of Finance, which office has
been established by City ordinance and with the powers and duties thereof as
defined by said ordinance.
3.Amendments to Chapter 2.24: City Treasurer
2.24.020 Payment Procedure.
The Treasurer shall pay out all moneys owed by the City including obligations
incurred by improvement bonds thereof on certification of the Director of
Finance that such are due and owing. All payments, transfers or withdrawals of
City moneys shall be by checks signed by the Mayor and Treasurer. In the event
that the Mayor or Treasurer are not available, then the Vice-Mayor and/or the
Treasurer’s designee are authorized to sign in their place. A facsimile signature
may be used.
4.Amendments to Chapter 2.48: Departmental Organization
2.48.020 Departments and Divisions.
The following departments are established:
A.Department of Finance.
1.This department shall consist of the following divisions:
a.Accounting Division. This division shall be responsible for the
day-to-day processing of fiscal records, maintenance of the
City’s general ledger, preparation of financial statements,
coordination of the annual audit, and ensuring compliance with
applicable accounting standards and reporting requirements.
b.Budget Division. This division shall be responsible for the
preparation and administration of the annual operating and
capital budgets, long-range financial planning, monitoring of
revenues and expenditures, and the preparation of financial
analyses and reports.
c.Purchasing Division. This division shall be responsible for the
administration and oversight of the City’s procurement
processes, including the development and implementation of
purchasing policies and procedures, coordination of formal
solicitations, ensuring compliance with applicable laws and
regulations, while also supporting grant management. This
hybrid approach requires purchasing activities to be carried out
by departments, with the Purchasing Division providing
guidance, review, and oversight to promote consistency,
efficiency, and accountability. The Director of Finance shall be
head of this department, being responsible for all divisions
within the Department.
2. The Director of Finance also shall 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.
5.Amendments to Chapter 2.88: Audit Committee
2.88.110 City Staff Assistance.
The Audit Committee shall have available to it such assistance of City staff as
may be required to perform its functions, the staff assignments and
administrative procedures to be under the general direction and supervision of
the Director of Finance.
6.Amendments to Chapter 3.12: Transient Occupancy Tax
3.12.020 Definitions.
Except where the context otherwise requires, the definitions given in this section
govern the construction of this chapter:
A.“Person” means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint stock company, corporation, estate,
trust, business trust, receiver, trustee, syndicate, or any other group or
combination acting as a unit;
B.“Hotel” means any structure, or any portion of any structure, which is
occupied or intended or designed for short-term occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist
home or house, motel, studio hotel, bachelor hotel, lodging house, rooming
house, apartment house, dormitory, public or private club, mobile home or
house trailer at a fixed location, or other similar structure or portion thereof;
C.“Occupancy” means the use or possession, or the right to the use or
possession of any room or rooms or portion thereof, in any hotel for
dwelling, lodging or sleeping purposes;
D. “Transient” means any person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar days or less, counting
portions of calendar days as full days. Any such person so occupying space
in a hotel shall be deemed to be a transient until the period of thirty days has
expired unless there is an agreement in writing between the operator and the
occupant providing for a longer period of occupancy. In determining
whether a person is a transient, uninterrupted periods of time extending
both prior and subsequent to the effective date of the ordinance codified
herein may be considered. “Transient” includes persons who book
accommodations through internet-based/social hosting platforms;
E.“Rent” means the consideration charged, whether or not received, for the
occupancy of space in a hotel valued in money, whether to be received in
money, goods, labor or otherwise, including all receipts, cash, credits and
property and services of any kind or nature, without any deduction
therefrom whatsoever;
F.“Operator” means the person who is proprietor of the hotel, whether in the
capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or
any other capacity. Where the operator performs his functions through a
managing agent of any type or character other than an employee, the
managing agent shall also be deemed an operator for the purposes of this
chapter and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this chapter by either the principal or the
managing agent shall, however, be considered to be compliance by both;
G.“Tax Administrator” means the City’s Director of Finance or designee.
H.“Hosting platform” means a person, legal entity or an association of
individuals that provide a means, which may or may not be internet- based,
through which a short-term rental is offered to the public, in exchange for a
fee or other compensation. A hosting platform generally has the following
attributes: allows a host to advertise a short- term rental, and provides a
means to arrange and enter into agreements to occupy short-term rentals,
whether payment of rent is made directly to the host or through the hosting
platform.
7.Amendments to Chapter 3.38: Clean Water and Storm Protection Fee
3.38.020 Definitions.
A.“City” means and includes all territory lying within the municipal
boundaries of the City of Cupertino as presently existing plus all territory
which may be added thereto during the effect term of the ordinance codified
herein.
B. “Condominium” means a parcel that is an individually-owned single
residential unit attached to an undivided or joint ownership of the remaining
portion of the property. The “Condominium 1" category refers to a
condominium complex where each residential unit has no other units above
or below it. The “Condominium 2+” refers to a condominium complex
where residential units are built above or below other residential units.
C.“Director of Public Works” means the Director of Public Works and his/her
duly authorized agents and representatives.
D.“Fee Report” means the report prepared by SCI Consulting Group dated
February 2019 which was approved by the City Council on March 5, 2019 in
Section 2 of Resolution No. 19-022. The Fee Report sets forth the rate
structure and methodology of apportionment of the fee to various categories
of parcels and shall be the basis for the Clean Water and Storm Protection
Fee.
E.“Impervious Area” means any part of any parcel that has been modified by
the action of any person in a manner which reduces the land’s natural ability
to absorb and hold storm and surface water. This includes, but is not limited
to, activities such as: grading of property, the creation of any hard surface
area which either prevents or retards the entry of water into the soil mantle,
or the hardening of an existing surface which causes water to flow at an
increased rate. Common impervious areas include, but are not limited to,
roof tops, walk-ways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, gravel roads, or any cleared, graded, paved,
graveled, or compacted surface or paved earthen materials used for
vehicular travel, or areas covered with surfaces which similarly impede the
natural infiltration of surface water into soil mantle. Impervious area can be
expressed as a percentage of a parcel’s total size.
F. “Maintenance and operation” means the administration, operation,
maintenance and repair of any facility in the City’s storm drain system,
including, but not limited to:
1.Items ordinarily recognized as capital items (e.g., acquisition of
interests in land) when reasonably necessary to support operations;
2.Street sweeping, catch basin cleaning, and capture and removal of
trash from the storm drain system;
3.Replacement of portions of existing facilities damaged or destroyed as
a result of accident or natural disasters or found to be of inadequate
size or condition;
4. Damages or settlements paid in the course of, or because of, threatened
or actual legal actions related to the City’s storm drain system or non-
point source program;
5.Regional monitoring, permit fees, public education and awareness
programs regarding the City’s storm drain system and the City’s
nonpoint source program;
6.Management of the City’s non-point source program including, but
not limited to, BMP manuals, public outreach, printed materials, City
staff and legal costs related thereto.
G.“Multi-Family Residential” means parcels improved or used for a residence
for five or more families living independently of each other and doing their
own cooking and which is not separately assessed by the county tax assessor
for each such family dwelling. This term is synonymous with “apartment.”
H.“Open Space” means land that is substantially in a natural condition and
includes agricultural or other lands that demonstrate storm water absorption
equal to or greater than natural conditions.
I.“Parcel” means a unit of land which is designated by the tax assessor of
Santa Clara County for property tax purposes.
J.“Rate Category” means a group of parcels that are of similar imperviousness
characteristics and are charged the same rate. Single-Family Residential
Parcels are categorized by size; Non-Single- Family Parcels are categorized
by impervious percentage ranges.
K.“Single-Family Residential” means parcels, other than multi-family parcels,
improved or used solely as a residence for one, two, three or four families
living separately in separate dwelling units.
L.“Storm drainage system” means any pipe, conduit, or sewer of the City
designed or used for the collection, conveyance and management of storm
and surface waters and drainage including unpolluted cooling water and
unpolluted industrial process water but excluding any community sanitary
sewer system.
M.“Vacant (developed)” means a parcel which has been altered from its natural
condition through grading or compaction activity or in another manner
which reduces the land’s natural ability to absorb and hold storm and
surface water without any structure existing upon it.
3.38.150 Fiscal accountability.
A.The City shall retain an independent auditor to conduct an annual audit of
the Clean Water and Storm Protection Fee and environmental
management/clean creeks fund as part of its comprehensive annual financial
report. The auditor shall include an accounting of the revenue received from
the fee and expenditures thereof in the audited financial statements. The
auditor’s report shall be presented to the City Council and made available to
the public. The Director of Finance or the Director of Public Works shall
prepare and present to the City Council an annual report in conjunction with
the annual audit that reviews the status and performance of the programs,
services and projects funded wholly or partially with proceeds of the Clean
Water and Storm Protection Fee.
B.The specific purpose of the Clean Water and Storm Protection fee established
pursuant to this chapter is to derive fee revenue, which shall only be used for
the acquisition, construction, reconstruction, maintenance, and operation of
the storm drainage system of the City or related green infrastructure or other
activities required by the City’s NPDES permits, to repay principal and
interest on any bonds which may hereafter be issued for said purposes, to
repay loans or advances which may hereafter be made for said purposes,
and for any other purpose set forth in Section 3.38.160.
C.The Clean Water and Storm Protection fee is imposed pursuant to Articles
XIII C and D of the California Constitution, Government Code Sections
38900 - 38901 and 53755 - 53756, and Health and Safety Code Section 5471 -
5473.11.
D. Proceeds from the Clean Water and Storm Protection fee will be deposited in
the “environmental management/clean creeks fund” created by Section
3.36.170 of Chapter 3.36 of the Municipal Code (Storm Drainage Service
Charge) as the “storm drainage service charge fund” and subsequently
renamed, and may be comingled with the revenues of the City’s storm
drainage service charge because they are authorized to be used for the same
purposes.
CC Ordinance No. 26-2283 AMENDING
MUNICIPAL CODE CHAPTERS 1.10, 2.20,
2.24, 2.48, 2.88, 3.12, AND 3.38.”
Final Audit Report 2026-06-04
Created:2026-06-03
By:Araceli Alejandre (AraceliA@cupertino.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA2mrXRSH3jkGFCiURh4fQejuuoTr3R9Di
"CC Ordinance No. 26-2283 AMENDING MUNICIPAL CODE C
HAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND 3.38.”" Histor
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, LAUREN SAPUDAR , 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 Ordin ance
No. 26-2283 which was enacted on May 19, 2026, and that
it has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I hav e hereunto set my hand and
seal this 4h day of June 2026.
____________________________________________
LAUREN SAPUDAR, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California