Ordinance 1271•
ORDINANCB N0. 1271
AN ORDINANCE OF THE CITY OF CUPERTINO AHENDINO CHAPTER 10.24
OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE SALE, USE,
AND/OR DISCHARGE OF FIREWORKS WITHIN THE CITY
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWSs
Section 10.24 is hereby amended to read as follows:
10.24.010 - Defined. For the purpose of this Chapter, the words
and phrases, "fireworks," "dangerous fireworks," and "safe and sane
fireworks," shall have the respective meanings asoribed to them in
Sections 12511, 12505, and 12529 of the Health and Safety Code of the
State of California. '
10.24.020 - Prohibitions. Except as otherwise provided herein,
It shall be unlawful for any person, firm, corporation, or
organization to sell fireworks, dangerous fireworks, and/or safe and
sane fireworks to be used or disoharged within the City.
10.24.030 - Exceptions. Nothing in this Chapter shall be
construed as prohibiting the use of torpedoes, flares, or fuses by
railroads or other transportation agencies for signal purposes of
illumination; or the sale, use or discharge of emergenoy signaling
device, as defined in Section 12506 of the health and Safety Code of
the State of California, by any person in an emergency situation; or
the use of blank cartridges for ceremonial purposes, athletic, or
sports events or military ceremonials or demonstrations; or the use
and display of fireworks oP whatever nature by any person engaged in
the production of motion pictures, theatricals, or operas when such
use and display is a necessary part of such production; or the
transportation of fireworks through the City in regular course, and
in original packages or containers from any point outside of the City
or to any other point outside of the City.
10.24.040 -Permits to Sell Safe and Sane Fireworks. Any person,
firm, corporation or organization desiring to sell or to offer for
sale safe and sane fireworks shall make written application to the
City Manager for the issuance of a permit.
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16. The land use types, land use intensity and the circulation planning
xithin Area A, H, C, 0, and H shall rerieot the adapted Specific Plan
for Oid Monte Vista Labeled "Stevens Croek Boulevard Plan Line Action
Plan."
17. Due to existing lot aizea and/or atruaturo location, there era -~
apeoifia zoning requirements relative to aetbaaka, lot coverage and
parking with the exception of the roquiroment set forth in the Uniform
Building Code. It is intended that the roquiromenta of the zone (R1,
R2 and R3) in which the. use is ordinarily permitted will be strived
tor; however, the. City, as a part of the use permit prooeduro, may
eatabiiah leaser aetbaoks, greater lot coverage and leaner parking
requirements as it deems appropriate.
In the event as appliaant'a proposal le in keeping with the
requirements of the .zone in which the use is ordinarily permitted,
excepting lot aizea, the Planning Director shall have the ability to
approve the plans, and the use permit procedure x111 not be necessary.
Definitions, family size, permitted usaa, home oooupationa, family day
caro, keeping of animals, etc. shall be in accordance with the zone Sn
which the use is ordinarily permitted. For example, single-family
use, reference shall be made to the R1 zone, duplexes to the R2 zone.
In the event a residential atrtwturo exiting at the time thin
Ordinance beaomea effective, is destroyed .due to fire or other natural
phenomenon, it may be replaced to the extent that the foundation lines
that previously existed are aubatantially the came.-
C. Exhibit A tat Revision Zoning Maps Area S (Osage Avenue)
CONDITIONS OF APPROVAL
1-14. Standard Conditioaa to the extent that they do not conflict with the
apeoial conditions enumerated herein. In the event a aonriict does
exist, the apeoial aonditiona as en~erated herein shall apply.
15. The approval is based upon the zoning deaariptiona contained within
the legend of Exhibit A 1st Revision of Application 1-Z-84 as may be
amended by additional conditions contained herein.
16. The land use types, land use intensity and the circulation planning
within Area K shall rorieot the adopted Specific Plan for Old Monte
Vista labeled "Stevens Crock Boulevard Plan Line Action Plan."
17. Due to existing lot sizes and/or structure location, them are no
specific zoning roquiroments relative to aetbaoks, lot coverage and
parking with the exception of the requirements set forth In the
Uniform building Code. It is intended that the requirements of the
zone in which the use is ordinarily permitted will be strived for;
however, the City, as apart of the use permit procedure, may
establish lesser setbacks, greater lot coverage and lesser parking
requirements as it deems appropriate.
6L~@97ag~ '~ 79
.}~~ d K
f~ .
In the event an applicant's proposal is in keeping with the
roquirementa of the zone in which the uee is ordinarily permitted,
excepting lot sizes, the Planning Director shall have the ability to
approve the plane, and the use permit proceduro x111 not be necessary.
Single-family dwellings are preferred for pro~eota which are of a
density of 7 dwelling units per acro or leas.
18. Derinitions, family size, permitted uses, home oaoupations, family day
care, keeping of animals, eta. shall be in accordance with the zone in
which the use Sa ordinarily permitted. For example, single-family
use, reference shall be made to the R1 zone, duplexes to the R2 zone.
19. In -the event a roaidential atructuro existing at the time this
ordinance beaomea effective, is destroyed due to rite or-other natural
phenoe~non, it may bs roplaaed to the extent that the foundation lines
that proviously existed are aubatantially the same.
D. Exhibit A tat Revision of Zoning Map: Area N (Blackberry Farm)
CONDITIONS OF APPROVAL
1-14. Standard Conditions to the extent that they do ~t conflict with the
special conditions enumerated heroin. in the event a conflict -does
exist, the special conditions as enumerated herein shall apply.-
15. The approval is -based upon the zoning descriptions contained within
the legend of Exhibit A tat Revision of Application 1-Z-84 as may be
amended by additional conditions contained herein.
16. Land uses shall be limited to those defined in the A-ua zoning
district. All land use activity and all new aonatruotion shall be
subject to use permit review as roquirod by the Planned Development
Zoning Ordinance.
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df~"'~i-OP~~ '"' 99
OADINANCB N0. 1271
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.24
OF THE CUPEATINO MUNICIPAL CODE RELATING TO THB SALE, USE,
AND/OA DISCHARGE OF FIREWORKS WITHIN THE CITY
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 10.24 is hereby amended to read as follows:
10.24.010 - Defined. For the purpose of this Chapter, the words
and phrases, "fireworks," "dangerous fireworks," and "safe and sane
fireworks," shall have the respective meanings ascribed to them in
Sections 12511, 12505, and 12529 of the Health and Safety Code of the
State of California. '
10.24.020 -Prohibitions. Except as otherwise provided herein,
It shall be unlawful for any person, firm, oorporation, or
organization to sell fireworks, dangerous fireworks, and/or safe and
sane fireworks to be used or discharged within the City.
10.24.030 - Exceptions. Nothing in this Chapter shall be
construed as prohibiting the uses of torpedoes, flares, or fuses by
railroads or other transportation agencies for signal purposes of
illumination; or the sale, use or discharge of emergency signaling
device, as defined in Section 12506 of the health and Safety Code of
the State of California, by any person in an emergency situation; or
the use of blank cartridges for ceremonial purposes, athletic, or
sports events or military ceremonials or demonstrations; or the use
and display of fireworks of whatever nature by any person engaged in
the production of motion pictures, theatricals, or operas when such
use and display is a necessary part of such production; or the
transportation of fireworks through the City in regular course, and
in original packages or containers Prom any point outside oP the City
or to any other point outside of the City.
10.24.040 -Permits to Sell Safe and Sane Fireworks. Any person,
firm, corporation or organization desiring to sell or to offer for
sale safe and sane fireworks shall make written applioation to the
City Manager for the issuanoe of a permit.
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10.24.050 - Conditions or Permit: Any suoh permit issued by the
City Manager shall, in addition' to any other conditions imposed, be
aub~ect to the following oonditiona:
A. Compliance with State Law. Every permittee shall oomply
with the license provisions of the State Fireworks Law and the permit
conditions and requirements of the State Pire Marshal.
H. Insurance. Every permittee shall submit documentary proof
of publio liability insurance of not less than #100,000 for injury to
any one person, #300,000 for injuries sustained Dy persons in any one
accident, and #50,000 property damage. The policy shall lnolude
coverage for the City of Cupertino, its employees and agents and, in
addition, there shall be submitted proof of products liability
insuranoe, xith minimum coverage oP #300,000.
C. Acquirements for the Location of Display Booths and Stands.
Each display booth or stand used for the sale oP fireworks shall be
constructed to meet the following requirements:
1. No fireworks stand shall be located within twenty-five
(25) Peet of any building.
2. No fireworks stands shall be located in Agricultural or
Residential zones.
3. Setback distance from fireworks display booths or
stands to the front property line shall be as Follows:
a. Stands located in Co®ereial and Planned
Development zoning districts require no setback from .front
property lines.
b. Stands located in industrial zoning districts
shall have a ten (10) foot minimum setback from front
property lines.
4. All dry grass, xeeds and other combustible material
shall be oleared away for a distance of twenty-five (25) feet in
all direotions from any temporary stand.
5. During sales hours no motor vehicles shall be parked
within tan (10) Peet of any salsa stands.
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6. Sales stands containing fireworks shall be supervised
at all times. No person shall sleep or remain inside any stand
when it is not open for business.
7. Each sales stand shall be provided with one (1)
approved fire extinguisher having a minimum rating of 2-A. The
extinguisher shall be hung in a conspicuous, aocessible location
so the top of the extinguisher is not more. than five 95) feet
above the floor or grade.
8. No stand shall be located on property ad~aoent to an
expressway with acquired access control axce t for stands
fronting on adjacent roadways, and where there is a permanent
fence at least six 96) feet in height between the stand and the
expressway. ,
9. Stands on property adjacent to an expressway xith
access rights shall have an access point approved by the City of
Cupertino Public Works Department.
10. Stands fronting on a street where signs are posted to
prohibit parking shall have off-attest parking provided as
follows:
A minimum of five (5) parking spaces for stands one hundred
(100) square feet or less in size. Each additional fifty
(50) square feet of stand area requires one (1) additional
parking apace up to a maximum of twelve (12) parking spaces.
11. "No Smoking" signs, having letters not less than four
inches (4") high, shall be posted in a conspicuous place.
12.Signs .having letters not less than four inches (4") high
and reading "USE OR DISCHARGE OF FIREWORKS WITHIN THE CITY LIMITS
OF THE CITY OF CUPEATINO IS PROHIBITED BY SECTION 10.24.020 OF
THE CUPERTINO MUNICIPAL CODE" shall be posted in a oonspicuous
place.
D. Acquirements for the Construction of DisalaY booths and
Stands. Each display booth or stand used for the sale of fireworks
shall be constructed in conformance with the following requirements:
1. Stands shall be constructed of wood or metal. The
roof, rear xall and ends shall be solid wood or metal.
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2. No stand, including signs mounted thereon, shall exceed
twelve Pee (12~) in height.
3. Stands shall be provided with at least one (t) exit,
having a minimum clear width of thirty inches (30"), and a minim
clear height of six feet, six inohes (6~6"). IP the number of
persons inside the stand does not exceed ten (10), the minimum
clear width may be to twenty-two inohes (22"). My stand with an
enclosed area of two hundred (200) square feet or ore shall be
equipped with a minimum oP two (2) exists meeting the foregoing
requirements. If equipped with a door, said door shall awing in
the direction of exit travel.,
4. Display shelves in the front of the stand shall be
constructed in such a manner that all items displayed are under
glass or other material approved for the Fire Marshal or City
Inspector.
5. All fireworks no displayed under glass shall be stored
in a manner approved by the Fire Marshal or City Inspector.
6. Construction shall conform to safety standards as
established by the City Building Department.
E. General Operation of Display Boothe and Stands.
1. No fireworks shall be sold nor fireworks stand operated
by any person under eighteen (18) years of age.
2. No fireworks shall be sold to any person under sixteen
(16) years of age.
3. Legible signs indicating that sales are not permitted
to persons under sixteen (16)' years of age shall be posted
conspicuously on all fireworks sales stands.
4. Instructions on the safe handling and discharge of
fireworks shall be distributed to every person purchasing
fireworks. Said instructions shall be approved by the Fire
Marshal prior to the issuance of a rotail sales permit.
F. Deposit. Each permittee shall, within five (5) days after
the expiration of the period for which the permit is issued, remove
any and all temporary structures used by the permittee in the sale of
safe and sane fireworks. In addition, each permittee shall leave the
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premises upon xhich said temporary structures were located free of
litter and other debris. As security for the performance of this
obligation, every permittee shall deposit with .the City Manager the
sum of x250.00. The City Manager, shall, upon request by the
Permittee, cause the premises to be inspected by the Building
Department of the City of Cupertino. if, after inspection of the
premises, the Building Department determines that the premises are'
free of litter and other debris, the City Manage shall return the
permittee's deposit of =250.00. if tho Building Department
determines that the premises are not free oP litter or other debris,
the City Manager shall notify the permittee in writing of the
estimated cost of clearing the litter and other debris from the
premises. The City Manager shall retain that portion of the
permittea's deposit equal to the estimated cost of clearing the
premises of litter in order to defray the cost of cleaning the
premises.
10.24.060 - Permit Requirements. The. City Manager may issue
annual permits for the sale of safe and and fireworks within the
City, not to exceed twelve (12) in number, on duly submitted
applications therefore by non-profit organizations. Said
applications shall be in writing and received by the City Manager no
later than the close of business on the last working day prior to
June 18 of each year. Said applications also shall be signed by a
responsible officer or person of the aub~ect non-profit organization
and shall contain such additional information as the City Manager may
require.
If there are more than twelve (12) duly submitted applications,
the City manager shall select the twelve (12) permittees by means of
a lottery system conducted under the administration of the City
Hanager within three (3) xorking days after June 18. The City
manager shall promptly notify the selected permittees.
10.24.070 - Severability. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by the decision of any Court of
competent jurisdiction, such decision shall not affect the remaining
portions of this Ordinance. The City Council of this City hereby
declares that it would have adopted this Ordinance and each aeation,
subsection, sentence, clause, phrase or portion thereof, irrespective
of any such said decision.
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10.24.080 - Violation - Penalty. Any person, firm, oorporation or
organization violating any of the provisions of this Chapter or
knowingly or intentionally misrepresenting to any offioer or employee
of this City any material fact in procuring the permit herein
provided shall be guilty of an infraction and upon conviotion thereof
shall be punished a provided in Chapter 1.12.
10.24.090 - Statement of Urgenoy. This Council hereby finds,
determines, and declares that this Ordinance is an Urgenoy measure
necessary for the immediate preservation of the public peace, health,
and safety and shall go into effeot immediately upon adoption. The
facts constituting such urgency are:
The Fourth of July holiday will occur. prior to the normal
effective date of this ordinance. The City of Cupertino deems it
necessary that this ordinance be effective June 18, 1984 to provide
maximum public protection to those purchasing and selling fireworks
within the City limits. If certain State legislation known as 3B
2333 becomes effective prior to June 18, 1984, then this ordinance
shall become null and void.
INTRODUCED AND ENACTED at a regular meeting of the City Council
of Lhe City of Cupertino this 4th day of June, 1984 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT; None
ABSTAIN: None
APPROVED:
y r, i y of Cuper
ATTEST:
1
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City Clerk
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