CC Ordinance No. 1886ORDINANCE NO. ~88fi
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE 1, 5, 8, 10, 11, 13,
14, 16, 17 AND 19 OF THE CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF
CONFORMING THE PROVISIONS OF THE CODE TO THE REQUIREMENTS OF STATE
AND FEDERAL LAW, CONFORMING THE PROVISIONS OF THE CODE TO BE
CONSISTENT WITH PRESENT CITY PRACTICES, ELIMINATING REDUNDANT AND
OBSOLETE PROVISIONS, CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE,
AND CONSOLIDATING AND STREAMLINING VARIOUS PROVISIONS.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the
following sections of the Cupertino Municipal Code shall be amended to read as follows:
Section 1.09.080 is hereby repealed.
Section 1.12.010 is hereby amended to read as follows:
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 the 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 charge 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 one hundred dollars for a first violation;
2. A fine not to exceed two hundred dollars for a second violation of the same chapter
of this code within one year; and
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3. A fine not to exceed five hundred dollars for a third violation of the same chapter
of this code within one year.
E. Unless otherwise specified by this code, a misdemeanor is punishable by a fine not to
exceed one thousand dollars, imprisonment for a term not exceeding six months, or by both
such fine and imprisonment.
Section 5.04.280B is hereby amended to read as follows:
B. In addition, each such person shall pay a tax as follows:
Square Feet
Rate per Square Foot
0-5,000 .0200
5,001-25,000 .0175
25,001-75,000 .0150
75,001-100,000 .0125
100,001-150,000 .0100
150,001andabove .0025
This amountshallincrease annually from1992 based on the indexing formulain section
5.04.460 of this code.
The final sentence of Sections 5.04.290, 5.04.300, 5.04.310, 5.04.320, 5.04.330, 5.04.340,
5.04.350, 5.04.360, 5.04.370, 5.04.380, 5.04.390, 5.04.400, 5.04.410, 5.04.420, 5.04.430,
5.04.440 and 5.04.450 reading "Commencing with enactment of the ordinance codified in this
chapter, and for the period of one year, the tax rate will be fifty percent of the established
rate" is hereby repealed and replaced with the following:
This amoum shall increase annually from 1992 based on the indexing formula in section
5.04.460 of this code.
Section 5.32.160 is hereby repealed.
There is hereby added to the Municipal Code of Cupertino section 5.32.360 which reads as
follows:
5.32.360 Penalty
Any person who violates any provision of this chapter shall be guilty of an infraction and,
upon conviction thereof, shall be punished as provided in Chapter 1.12.
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Section 8.01.030 is hereby amended to read as follows:
8.01.030 Animals running at large.
No person owning or having control of any animal shall permit such animal to stray or run at
large upon any public street or other public place, or common area of any planned
development, cluster, townhouse or condominium project, or upon any private property
without the consent of the owner or person in control thereof.
There is hereby added to the Municipal Code of Cupertino section 8. 01.170 which reads as
follows:
8.01.170 PenaRy
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
Section 8.03.010 is hereby amended to read as follows:
8.03.010 Restraint of dogs.
The owner or person with the right to control any dog shall keep such dog under his or
her own physical restraint by means of a leash or shall keep such dog confined behind a fence
not less than six feet high except for any of the following:
A. Guide dogs for the blind or deaf while performing their duties;
B. Dogs participating in field or obedience trials or conformation exhibitions;
C. Dogs assisting their owner/handler in legal hunting activities or in the herding of
livestock;
D. Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement activities;
E. Dogs assisting in search and rescue activities;
F. Dogs being trained for any of the above-described purposes on private property
with the permission of the landowner, so long as these dogs are under the direct
control of the trainer/handler.
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There is hereby added to the Municipal Code of Cupertino section 8.03.035 which reads as
follows:
8.03.035 Keeping of dangerous and potentially dangerous dogs.
A. The owner or person with the right to control any dangerous or potentially dangerous
dog shall:
1. Keep the dog under his or her own physical restraint and control by means of a leash
not to exceed six feet in length. In addition, a dangerous dog must be muzzled;
2. Post a sign advising of the presence of a dangerous or potentially dangerous dog at
the entrance to every place where any such dog is confined. The sign shall be capable
of being understood by a child with normal reading skills of a second grader.
B. In addition to Subsection A of this section the owner or person with the right to control
a dangerous dog shall:
1. Maintain for the dog an enclosed and locked pen or kennel having secured sides and
a secured top attached to the sides, and having a secure bottom or floor attached to the
sides, or with sides embedded not less than two feet into the ground, behind a fence not
less than six feet high, except where the dangerous dog is kept in an apartment or
condominium;
2. Ensure that when the dog is in a house, apartment, building or similar structure,
that the windows and doors of same are secured to prevent the dog from exiting
without the assistance of the owner or person with the right to control such dog.
Section 8.03.030 is hereby amended to read as follows:
Every owner of a dog or a cat over four months of age shall cause such dog or cat to be
vaccinated with an anti-rabies vaccine approved by the State Department of Public Health.
Revaccination shall be made at such intervals of time as may be prescribed by the State
Department of Public Health. Compliance with the provision of this section shall be a
condition to the issuance or renewal of dog and cat licenses.
Section 8.03.040D is hereby repealed.
There is hereby added to the Municipal Code of Cupertino section 8.03.130 which reads as
follows:
8.03.130 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12
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There is hereby added to the Municipal Code of Cupertino section 8.05.100 which reads as
follows:
8.05.100 PenaRy
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12
There is hereby added to the Municipal Code of Cupertino section 8.06. 040 which reads as
follows:
8.06.040 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12
Section 8.0Z lO0 is hereby amended to read as follows:
8.07.100 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12
There is hereby added to the Municipal Code of Cupertino section 8.09.040 which reads as
follows:
8.09.040 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12. Notwithstanding the above, the City Attorney may commence a
civil action pursuant to California Health & Safety Code section 122045 et seq. as an
alternative to, or in conjunction with the aforementioned penalty.
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Section 8.11.140 is hereby amended to read as follows:
8.11.140 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12
Section 10. 24.080 is hereby amended to read as follows:
10.24.080 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
Chapter 10. 25 is hereby repealed.
Section 10.48.012 is hereby amended to become section 10.48.070.
Section 10.60.090 is hereby amended to read as follows:
10.60.090 Penalty
Any person who violates any provision of this chapter shall be guilty of an infraction and,
upon conviction thereof, shall be punished as provided in Chapter 1.12.
Section 11.08.280 is hereby amended to read as follows:
11.08.280 Penalty
Any person who violates any provision of this chapter shall be guilty of an infraction and,
upon conviction thereof, shall be punished as provided in Chapter 1.12, except that no fine
imposed for violation of any licensing and registration provisions of this chapter shall exceed
ten dollars.
Chapter 11.32 TRUCK TRAFFIC ROUTES*footnote is amended as follows:
* For provisions regarding the pickup and delivery of goods, see Ch. 10.48 of this code.
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Section 13.04.130A is hereby amended to read as follows:
A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at
any time in a park except picnickers may bring to a park, and drink, beer or wine with their
picnic meal, so long as they conduct themselves in an orderly manner.
Section 13.04.180B is hereby amended to read as follows:
B. In addition, in order to insure the public safety, health and general welfare, no person shall
expose or offer for sale any article or thing, nor shall he station or place any stand, cart or
vehicle for the sale or display of any article or thing, on a public street, within five hundred
feet in a straight line from the nearest boundary of any park.
Section 14.12.140 is hereby amended to read as follows:
14.12.140 Penalty.
Any person violating Sections 14.12.085 or 14.12.095 or otherwise removing, or willfully
damaging or destroying any tree or shrub in any public right-of-way without obtaining the
permits provided for in this chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12.
Any person who violates any other provision of this chapter shall be guilty of an infraction
and, upon conviction thereof, shall be punished as provided in Chapter 1.12.
Section 14.18. 0201 is hereby amended to read as follows:
I. "Specimen tree" means any of the following:
1. A tree described on the table below.
[Insert Table]
2. A tree required to be protected as a part of a zoning, tentative map, use permit,
or privacy protection requirement in an R! zoning district.
Section 14.18.020J is hereby amended to read as follows:
J. "Tree removal" means the destruction (in a twelve month period) of twenty-five percent or
more, as determined by the Community Development Director, of any heritage or specimen
tree by cutting, retarding, girdling, or applying chemicals.
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Section 16.04.160 is hereby amended to read as follows:
16.04.160 Penalty.
Any person, firm, corporation, partnership or copartnership who willfully violates any of the
provisions, or fails to comply with any of he mandatory requirements of this chapter, is guilty
of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1.12, except that nothing herein contained shall be deemed to bar any legal, equitable or
summary remedy to which the City of Cupertino or other political subdivision or any person,
firm, corporation or parmership may be otherwise entitled, and the City of Cupertino or any
other political subdivision or person, firm, corporation or partnership may file a suit in the
Superior Court of the County of Santa Clara to restrain or enjoin any attempted or proposed
subdivision, or acts, in violation of this chapter.
Section 16.16.070 is hereby amended to read as follows:
16.16.070 Penalty.
Any person, firm, corporation, partnership or coparmership who willfully violates any of the
provisions, or fails to comply with any of he mandatory requirements of this chapter, is guilty
of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1.12, except that nothing herein contained shall be deemed to bar any legal, equitable or
summary remedy to which the City of Cupertino or other political subdivision or any person,
firm, corporation or partnership may be otherwise entitled, and the City of Cupertino or any
other political subdivision or person, firm, corporation or partnership may file a suit in the
Superior Court of the County of Santa Clara to restrain or enjoin any attempted or proposed
subdivision, or acts, in violation of this chapter.
Section 16.20.100 is hereby amended to rend as follows:
16.20.100 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
Section 16.32.080 is hereby amended to read as follows:
16.32.080 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
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There is hereby added to the Municipal Code of Cupertino section 16. 40. 400 which reads as
follows:
16.40.400 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
Section 16.52.016 is hereby amended to become section 16.52.060 and to read as follows:
16.52.060 Penalty
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
Section 17. 32.060B is hereby amended to read as follows:
B. On-Site Requirements. Each parcel with a unit for sale or rent is permitted one sign per
street frontage, with a maximum of two signs per parcel. Only one sign may be building-
mounted. Each sign is limited to four square feet per side. Freestanding signs shall not
exceed six feet in height and shall be subject to the requirements stated in Section 17.32.010.
Section 17.32.060C is hereby amended to read as follows:
C. Off-Site Signs Announcing House Sales or Rentals. Signs located off site announcing
house sales or rentals are subject to the same requirements as on-site signs as stated in Section
17.32.060B and Section 17.32.010.
Section 19. 28.050D is hereby repealed.
Section 19.28.070A is hereby amended to read as follows:
A. Where a building legally constructed according to existing yard and setback regulations
at the time of construction encroaches upon present required yards, one encroaching side yard
setback may be extended along its existing building lines to no less than three feet from the
property line if the applicant obtains written consent from the adjoining property owner
thereby affected and receives approval from the Director of Community Development. Only
one such extension shall be permitted for the life of such building. This section applies to the
first story only and shall not be construed to allow the further extension of an encroachment by
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any building, which is the result of the granting of a variance or exception, either before or
after such property becomes part of the City.
Chapter 19.48 is amended changing all references to "PD" to "P" in the chapter title and
throughout the chapter.
Section 19.52.020 "Affordable units" is hereby amended to read as follows:
"Affordable units" means housing units in which the rent does not exceed thirty percent of the
HUD income limits for lower and very low income households for Santa Clara County
adjusted for household size.
Section 19.52.060B is hereby amended to read as follows:
B. Those units targeted for lower-income households shall be affordable at a rent that does
not exceed thirty percent of the HUD income limits for lower-income households for Santa
Clara County adjusted for household size.
Section 19.80.030B(1)j is hereby amended to read as follows:
j. Second story decks in R1 zoning districts are regulated by section 19.80.040.
Section 19.80.040 is hereby amended to read as follows:
All new or expanded second story decks in the R-1 zoning district with views into neighboring
residential yards, unless facing a right-of-way, are required to obtain a decision for approval,
conditional approval or denial of an exception by the Design Review Committee in order to
protect the privacy of adjoining properties ..... [Remainder unchanged.]
Section 19. 84. 050 is hereby repealed.
Section 19.100.050C is hereby amended to read as follows:
C. The exception will not adversely affect neighboring properties by causing unreasonable
numbers of vehicles to perk on the neighboring properties or upon public streets. The
decision of the Planning Commission to grant or deny such an exception may be appealed to
the City Council pursuant to the procedures described in Chapter 19.136.
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PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code § 36933, shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be entered
in the Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
17th day of September 2001 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 1st day of October, 2001, by the following vote:
INTRODUCED: September 17, 2001
PASSED: October 1, 2001
Vote:
Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
Burnett, Chang, James, Lowenthal
None
None
None
ATTEST:
APPROVED:
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, 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. I ~S ~ ., which
was enacted on 0C~'~0¢,J~F [ j ~0~){ , 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
~4-R__ day of 0 r---'~O~-t~ ,200_/.
KIMBERLY ~ITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate