HomeMy WebLinkAbout2021 S-84 SupplementCUPERTINO, CALIFORNIA
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2021 S-84 Supplement
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"I'ITLE 6: FRANCHISES
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TITLE 9: HEALTH AND SANIT ATION
34B-1,34B-2 34B-1,34B-2
TITLE 14: STREETS, SIDEW.Ai,KS AND LANDSCAPING
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TITLE 19: ZONING
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COMPREHENSIVE ORDINANCE LIST
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INDEX
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PMcA
11/2021
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CITY OF CUPERTINO, CALIFORNIA
MUri'iCiPAL CODE
S-84 Supplement contains:
Local legislation current through Ordinance 21-2231, passed 10-19-2021
COPYRIGHT @ 2021
AMERICAN LEGAL PUBLISHING CORPORATION
6.24.010
CHAPTER 6,24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE
RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010
6.24.020
6.24.030
6.24.031
6.24.035
6.24.037
6.24.038
6.24.040
6.24.050
6.24.060
6.24.070
6.24.080
6.24.090
6.24. 100
6.24.110
6.24. 120
6.24. 150
6.24. 160
6.24. 170
6.24. 180
6.24. 190
6.24.200
6.24.210
6.24.220
6.24.230
6.24.240
Purpose of chapter.
Definitions.
Mandatory selid 1vaSte ccliectioix Ser lllCe -
owner responsibility.
Mandatory solid waste collection service -
exemption procedures.
Mandatory non-organic recycling for
businesses.
Mandatory organic waste disposal
reduction.
Mandatory edible food recovery.
Commencement of solid waste collection
servxce.
Frequency of disposal.
Method of garbage, organic waste and
non-organic recyclables disposal.
Garbage, organic waste and non-organic
recyclables containers.
Inappropriate containers.
Burning restrictions.
Disposal of explosive or hazardous
material restrictions.
Unauthorized disposal prohibited.
Franchise grantiiig authority.
Charges for sol.id waste collection service.
E.ntitlement to collect for solid waste
collection servi.ce.
Notification of delinquency.
Remedies for delinquent account.
Recycle centers.
Unauthorized solid waste collection.
Interfering with solid waste collection
service.
Unauthorized use of solid waste collection
service.
Rules and regulations adopted.
Violation-Penalty.
6.24.010 Purpose of Chapter.
A. This chapter is determined and declared to be a
i'iealth, sarfitary and safety measure necessary for the
promotion, protection and preservation of the health, safeiy
and general welfare of the people of the City of Cupertino.
B. TheCityisrequiredtocomplywiththeapplicable
provisioris of Assembly Bill 939, the California Integrated
Waste Management Act (Slier, Chapter 1095, Statutes of
1989, as amended) ("AB 939"). AB 939 requires that by and
after January 1, 2000, fifty percent (50 %) of the solid waste
generated must be diverted tmough some source reduction,
recycling, ai'id composting activities.
C. Assembly Bill 341 (Chesbro, Chapter 476,
Statutes of 2011) places requirements on businesses and
multi-fari'iily generators tliat generate a specified tbreshold
ainount of solid waste to arrange for recycling services and
requires jurisdictions to implement a mandatory cominercial
recycling prograin.
D. Assembly Bill 1826 (Chesbro, Cliapter 727,
Statutes of 2014) requires businesses and multi-fan'ffly
generators that generate a specified threshold ai'nount of
solid waste, non-organic recyclables, and organic waste per
week to arrange for recycling services for those materials,
requires jurisdictions to intplement a recyeling program to
divert orgaruc waste from businesses subject to the law, and
requires juri.sdictions to implement a mandatory commercial
organic waste recyeling program,
E. Senate Bill 1383, the Short-lived Climate
Pollutant Reducti.on Act of 2016 (Lara, Chapter 395,
Statutes of 2016) ("SB 1383"), sets statewide organic waste
disposal reduction targets of fifty percent (50 %) by 2020 and
seventy-five percent (75%) by 2025, based on the 2014
organics suaste disposal baseline. SB 1383's implementing
regulatioris place requirements on multiple entities including
jurisdictions, residential households, commercial businesses
and business owners, con'iniercial edible food generators,
haulers, self-haulers, food recovery organizations, and food
recovery services to support achievement of statewide
organic waste disposal reduction targets. SB 1383's
implementing regulations require jurisdictions to adopt aiid
enforce an ordinance or other enforceable mechanism to
implement relevant provisions of SB 1383's implementing
regulations.
2021 S-84 11
6.24.010 Cupertino - Franchises 12
F. The City has coordinated with the County of
Saitta Clara and other jurisdictions in the county to develop
uniform provisions for the portions of this ehapter
addressing edible food recovery. The City has determined
that this coordination will simplify complianee for
commercial businesses, promote food recoyery in the City,
aiid facilitate edible food recovery capacity planning.
G. Pursuant to 14 California Code of Regulations
Section 18981.2, jurisdictions may delegate certain
responsibilities for implementing, monitoring, and enforcing
their edible food recovery progran'is to public or private
entities.
H. 'Jopi5 chapter v,rill aid the City in meeting fl'ie goals
.and requirements of AB 939, Assembly Bill 341, Assen"ibly
Bill 1826, SB 1383 and its implementing regulations, and
related laws; aid in preserving landfill space and postponing
the need for new landfill capacity for the longest term
possible; reduce the amount of solid waste deposited in
landfills from commercial and residential generators; and
reduce food insecurity.
I. The City may adopt, implement, and enforce a
local solid waste recyding requirement tlmt is more stringent
or comprehensive than state law. (Ord. 21-2231, F3 1, 2021;
Ord. 20-2218, § 1, 2021; Ord. 15-2130, 8, l (part), 2015;
Ord. 2069, § 1 (part), 2010; Ord. 1572, S, 1 (part), 1991)
6.24.020 Definitions.
For the purposes of this cliapter, the following words
and phrases shall have the meanings ascribed to thern by this
section, unless the context or the provision clearly requires
otherwise:
1. "Back-haul" means a commercial business
generating and transporting source separated recyclable
materials and/or source separated green container organic
waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as
otherwise defined in 14 California Code of Regulations
Section 18982(a)(66)(A).
2. "Blue container" has the sarne meaning as iii 14
California Code of Regulations Section 18982.2(a)(5) and
shall be used for the purpose of storage aixd collection of
source separated recyclable materials.
3. "Business"or"cornrnercial"meansacor+unercial
or public entity, including, but not limited to, a firm,
partnership, proprietorship, joint stock company,
corporation, or association that is organized as a for-profit
entity or non-profit entity, or a multi-family residential
property with five (5) or more dwelling units.
4. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
5. "City" means and includes all the territory lying
within the municipal boundaries of the City of Cupertino as
presently existing, plus all territory which may be added
thereto during the effective term of the ordinance codified
herein.
6. "Collection station" means the location at which
containers of garbage, non-organic reeyclables and organic
waste are placed for collection by the solid waste collector.
For businesses, collection station is typically the garbage
and recycling area enclosure. For multi-family residential
properties with less than five (5) dwelling units and other
residential struetures, the collection station is typically the
street side of the concrete curb immediately adjacent to the
residence where curb and gutter exists or where no curb and
gutter exists, the edge of asphalt in'imediately adjacent to the
residence.
7. "Comrriercial edible food generator" includes a
tier one or a tier two commercial edible food generator. For
the purposes of this definition, food recovery organizations
ax'id food recovery services are not commercial edible food
generators pursuant to 14 California Code of Regulations
Section 18982(a%7).
8. "Communitycomposting"meansanyactivitythat
composts green material, agricultural material, food
i'i'iaterial, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost
on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 California Code of
Regulations Section 17855(a%4); or, as otherwisedefinedby
14 California Code of Regulations Section 18982(a%8).
9. "Compliance review" means a review of records
by the City and/or its designee to determine compliance with
this chapter.
10. "Compost" means the product resulting from the
controlled biological decomposition of organic solid waste
tl'iat is source separated from the municipal solid waste
stream, or which is separated at a centralized facility, or as
otherwise defined iii 14 California Code of Regulations
Section L7896.2(a%4).
11. "Compostable plastic bags" means oiy sucli
plastic bags that meet the BPI-certified ASTM D6400
staiidard for compostability, or sucli bags that are approved
by tlie City for placement in the green container.
12. "Construction and demolition debris" or "C&D
debris" means materials resulting from the construction
remodeling, or demolition of buildings and other stnictures.
"Construction and demolition debris" includes, but is not
limited to, concrete, asphalt, rock and dirt related to
construction, remodeling, repair, or demolition operations
and is subject to the provisions of Chapter 16.72.
13. "Container contamination" means a container,
regardless of eolor, that contains prohibited container
contaminants, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(55).
2021 S-84
13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
14. "Debris box service" means collection service in
containers without compaction that have a capacity of eight
(8) eubic yards or more. Debris boxes may be used for the
collection of non-organic recyclables and organic waste, or
garbage, and may be used for construction and demolition
debris that may or may not be intended for full or partial
recyeling or other waste diversion.
15. "Delinquent" means a failure of the recipient of
solid waste collection service to pay when due all charges
owed to the solid waste collector for solid waste collection
service rendered or to be rendered.
16. "Department" means any department of the City,
the Caanty cf Santa Clara, Or an'} other pli51ic agency
designated by the City to enforce or admiiuster this chapter,
as authorized in 14 California Code of Regulations Section
18981.2.
17. "Designee"meansanentitythattheCitycontracts
with or otherwise arranges to carry out or assist with any of
the City's responsibilities for compliance with solid waste-
related laws or regulations or adn'stration or enforcement
of this cliapter as authorized in 14 California Code of
Regulations Section 18981.2. A designee may be a
government entity, a hauler, a private entity, or a
combination of those entities.
18. "Director" means the Director of Public Works
and their duly authorized agents and representatives.
19. "Dwelling" means a residence, flat, duplex,
apartment, townhouse, condon'ffnium or other facility used
for housing one or n'iore persons.
20. "Edible food" means food intended for l'iuman
consumption, or as otherwise defined iii 14 California Code
of Regulations Section 18982(a%l8). For the purposes of
this chapter, "edible food" is not solid waste if it is
recovered and not discarded. Nothing in this chapter
requires or authorizes the recovery of edible food that does
not meet the food safety requirements of the California
Retail Food Code.
21. "Enforcement officer" has the same meaning as
in Section 1. 10.020 of this code.
22. "Equipment" means a debris box or ilebris bin
and vehicles used to trai'isport debris boxes or bins.
23. "Excluded waste" means hazardous n'iaterials,
infectious waste, designated waste, volatile, corrosive,
medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), uiliich
receive materials from the City and its generators,
reasonably believe(s) uiould, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or aceepted at the
facility by permit conditions, waste that in the City's and/or
its designee's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance
or otherwise create or expose the City aiid/or its designee to
potential liability; but not including de miniinis volumes or
concentrations of waste of a type and aniount normally
found in single-family or multi-family solid waste after
implementation of programs for the safe collection,
processing, reeycling, treatment, and disposal of batteries
aiid paint in compliance with Sections 41500 and 41802 of
the California Publie Resources Code.
24. "Finance Director" means the Finance Director
and their duly authorized agents and representatives.
25. "Food distributor" means a business that
distributes food to entities including, but not limited to,
supermarkets and grocery stores, or as otl'ierwise defined in
14 California Code of Regulations Section 18982(a)(22).
26. "Food facility" has the same meaning as in
Section 113789 of the Health and Safety Code.
27. "Food recovery" means actions to collect and
distribute food for human consumption which otherwise
would be disposed, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(24).
28. "Food recovery organization" means an entity
that engages in the eollection or receipt of edible food from
con'imercial edible food generators and distributes that edible
food to the public for food recovery either directly or
througli other entities. "Food recovery organization"
includes, but is not lirnited to: (a) a food bari as defined in
Section 113783 of the Health and Safety Code; (b) a
nonprofit charitable organization as defiixed in Section
113841 of the Health and Safety code; and, (c) a nonprofit
charitable temporary food facility as defined in Section
113842 of the Health and Safety Code. A food recovery
organization is not a commercial edible food generator for
the purposes of this chapter pursuant to 14 California Code
of Regulations Section ] 8982(a%7). If ihe definition in 14
California Code of Regulations Section 18982(a)(25) for
food recovery organization differs from this defiiution, the
definition in 14 Cal.ifornia Code of Regulation Section
18982(a)(25) shall apply to tliis chapter.
29. "Foodreeoveryservice"mearisapersonorentity
that collects and transports edible food from a commercial
edible food generator to a food recovery organization or
other entities for food recovery, or as otl'ierwise defined in
14 California Code of Regulations Section 18982(a)(26). A
food recovery service is riot a commercial edible food
generator.
30. "Food scraps" means all food such as, but not
limited to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food scraps excludes fats, oils, and grease when
such materials are source separated from other food scraps.
31. "Food service provider" means an entity
primarily engaged in providing food ser'vices to institutional,
2021 S-84
6.24.020 Cupertino - Franchtses 14
governmental, cornrnercial, or industrial locations of others
based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(27).
32. "Food-soiled paper" is eompostable paper
material that has come in contact witlti food or liquid, such
as, but not limited to, uncoated paper plates, napkins, paper
towels, and pizza boxes.
33. "Food Waste" means food seraps, food-soiled
paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or
objects that are discarded, including but not restricted to,
materials, substaxxces Or objec.ts commonIy referi'ed to as
"trash," "garbage," "refuse" and "nibbish" that are
produced, generated or accumulated by all residential,
commercial, industrial, institutional, tnunicipal, a.gricultural
and other inhabitants, premises and activities within tlie
City, the collection of which is regulated through the
franchise agreement existing between the City and tl'ie
authorized solid waste collector; provided, bowever, that
"garbage" does not include (a) hazardous materials, (b) non-
organic recyclable materials, (c) org:mic waste, (d) clear
plastic bags when used to contain organic waste to be
recycled, (e) construction and demolition debris, (f)
biomedical waste, (g) ash, and (h) sewage and other highly
diluted water-carried materials or substances and those in
gaseous form. Except in residential dwellings, if the
material is placed in a plastic bag, the bag must only be
clear plastic.
35. "Gray container" has the same meariing as in 14
California Code of Regulations Section 18982.2(a)(281 arid
which may be colored gray or black, and shall be used for
tlie purpose of storage and collection of gray container
Waste.
36. "Gray container waste" n'ieans solid waste that is
collected in a gray container that is part of a three-container
collection service that prohibits the placement of organic
waste in the gray container as specified in 14 California
Code of Regulations Sections 18984.1(a) and (b), or as
otherwise defined in 14 California Code of Regulations
Section 17402(a)(6.5).
37. "Green container" has the san'ie meaning as in 14
California Code of Regulations Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection oF
source separated green container organic waste.
38. "Grocery store" means a store primaril)i engaged
in the retail sale of eaiu'ied food; dry goods; fresh fruits and
vegetables; fresh meats, fish, and poultry; and any area tl'iat
is not separately owned within the store where the t7ood is
prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14
California Code of Regulations Section 18982(a%30).
39. "Hauler route" means the designated itinerary or
sequence of stops for eaeh segment of the City's collection
service area, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%31.5).
40. "Hazardous materials" means any or a
combination of materials which because of their quantity,
concentration or physieal, chemical or infectious
characteristics may ei.iher: (a) cause or significantly
contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversib.[e illness; or
(b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transportedordisposedoforotherwisemanaged. Hazardous
materials include, but are not limited to, hazardous wastes
as defined under California or United States law or aiiy
regulations promulgated pursuant to such laws, and all toxic,
radioactive, biologically infectious, explosive or flammable
waste materials, including any material defined in Section
9. 12.020 of the Cupertino City Code for which a hazardous
materials storage permit is required.
41. "Health facility" has the same meaning as in
Section 1250 of the Healtli and Safety Code.
42. "Hotel"1iasthesarnemeaningasinSectionl7210
of the Business and Professions Code.
43. "Inspeet" or "inspection" means an enforcement
officer's, the departmen.t's and/or a designee's electronic or
on-site visit and review of rccords, containers, and an
entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the
entity is complying witb requirements set forth in this
chapter, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(35).
44. "Large e'vent" n'ieans m event, including, but not
limited to, a sporting event or a flea n'iarket, that charges an
admission price, or is operated by a local agency, and serves
an avierage of more than two thousand (2,000) individuals
per day of operation of the event, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned
park, parUng lot, golf course, street system, or other open
space when being used for an event. If aie definition in 14
California Code of Regulations Section 18982(a)(38) for
large event differs from this definition, the definition in 14
California Code of Regulations Section 18982(a)(38) shall
apply to this chapter.
45. "Large venue" means a permanent 'venue facility
that annually seats or serves an average of more than two
thousand (2,000) individuaIs within the grounds of the
facility per day of operation of the venue facility. A venue
facility includes, but is not limited to, a public, non-profit,
or privately owned or operated stadium, amphitheater
arena, hall, amusement park, conference or ciyic center,
zoo, aquarium, airport, racetrack, horse track, performing
2ml S-84
15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
arts center, fairground, museum, theater, or other public
attraction faeility. A site under common ownership or
control that includes more than one large venue that is
contiguous with other large venues in the site, is a single
large venue. If the definition in 14 California Code of
Regulations Section 18982(a)(39) for large venue differs
from this definition, the definition in 14 California Code of
Regulations Section 18982(a%39) shall apply to this chapter.
46. "T,itter" means, but is not limited to, plastic,
paper, cigarette butts, floor sweepings, trash, rubbish, food,
clotlt, metal, recyclable material, or waste matter of
wl'iatever character.
47. '%(y,Hi ediicatiori agenC7" MEANS a seiiool rlistriet,
charter school, or county office of education that is not
subject to the control of the City or corinty regulations
related to solid waste, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(40).
48. "Multi-unitresidentialproperty"or"multi-fainily
residential property" or "multi-family" means any premises,
excluding a hotel, motel, or lodging house, used for
residential purposes containing five (5) dwelliiig units or
more, irrespeetive of whether the residency is transient,
temporary or permanent.
49. "Non-compostable paper" includes, but is not
limited to, paper that is coated in a plastic material that will
not break down in the composting process, or as otherwise
defined in 14 California Code of Regulations Section
18982(a)(41).
50. "Non-local entity" means an entity that is aii
organic waste generator but is not subject to the control of
the City or county regulations related to solid waste. These
entities may include, but are not limited to, special districts,
federal facilities, prisons, facilities operated by the state
parks system, public universities, including eonununity
colleges, county fairgrounds, and state agencies.
51. "Non-organic recyclables" or "non-orgai'iic
recyclable material" mean those materials that can be
returned to economic use as raw materials for new, reused
or reconstituted products, which prior to collection are
separated by the generator from other material treated as
solid waste. Examples of non-organic recyclables include,
but are not limited to: newspaper, cans, corrugated
cardboard, glass, certain types of plastic, metals, uiood and
automobile oil. "Mixed non-organic recyclables" means
more than one type of non-organic recyclable material
con'uningled in a bin, debris box, compactor or other type of
container. This material includes, but is not limited to wood,
paper, plastic, metals, glass, and other reeyclable materials
other than organic waste. The material must not contain
more than five percent (5 %) by volume garbage and organie
waste.
52. "Nonresidential premises" means all premises
except residential premises, including but not restricted to
premises used for industrial, commercial, administrative and
professional offices, public and quasi-public buildings,
utility and transportation.
53. "Notice of violation" means a notiee that a
violation has occurred that includes a compliance date to
avoid an action to seek penalties, or as otherwise defined in
14 California Code of Regulations Section 18982(a%45) or
further explained in 14 California Code of Regulations
Seetion 18995.4.
54. "Occupancy"; "occupied": Premises are
"occupied" when a person or persons take or liold
possession of the premises for permanent or temporary use.
For the put'poses of determining whether a premises is
occupied during periods when solid waste collection service
is n-iade available to such premises, occupancy sl'iall be
presumed unless evidence is presented that gas, electric,
telephone and water utility services were not being provided
to the prenuses during sueli periods.
55. "Organic waste" means solid waste contaiiiiiig
material originated from living orgaiisms and their
metabolic waste products, including but not limited to food,
green material, landscape and pruning waste, orgariic
textiles and carpets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges
or as otherwise defined in 14 California Code of Regulations
Section 18982(a%46). Biosolids and digestate are as defined
by L4 California Code of Regulations Seetion 18982(a). The
material must not contain in excess of 5% by volume
garbage or non-organic recyclable materials. In residential
dwellings, if tlie material is placed in a plastic bag, the bag
must only be a compostable plastic bag. In commercial
properties or multi-family residential properties, if tlie
material is placed in a plastic bag, the bag must be clear
plastic or a compostable plastic bag.
56. "Organic waste generator" means a person or
entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 Qtlifornia Code of
Regulations Section 18982(a)(48).
57. "Owner"meanstheholderorholdersoflegaltitle
to the real property constituting the pren'ffses to which solid
waste collection service is provided.
58. "Paper produets" include, but are not limited to,
paper janitorial supplies, eartons, wrapping, paekaging, file
folders, hanging files, corrugated boxes, tissue, and
toqieling, or as otherwise defined in 14 California Code of
Regulations Section 18982(a%51).
59. "Person" includes any person, firm, association,
organization, partnership, business trust, joint venture,
corporation, or company, and includes the United States, the
State of California, the County of Santa Clara, special
phirpose districts, and any officer or agency thereof.
2021 S-84
6.24.020 Cupertino - Franchises 16
60. "Preinises"meansanyland,buildingorstructure,
or portion thereof, within the City where any solid waste is
produced, kept, deposited, placed or aecumulated.
61. "Printing and writing paper" includes, but is not
limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing
tablets, newsprint, and other uneoated writing papers,
posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(54).
62. "Prohibited container contaminants" means the
fcllowing: (i) discarded materials placed in the blue
container that are not identified as acceptable source
separated recyclable materials for the City's blue container;
(ii) discarded materials plaeed in the green container that are
not identified as acceptable source separated green container
organic waste for the City's green container; (iii) discarded
materials placed in the gray container that are acceptable
source separated recyclable materials and/or source
separated green container organic waste to be placed in the
City's green container and/or blue container; and (iv)
excluded waste placed in any container.
63. "Recovery" meai'is any activity or process
described in 14 California Code of Regulations Section
18983. 1(b), or as otherwise defiixed in 14 California Code
of Regulations Section 18982(a)(49).
64. "Remote monitoriixg" means the use of the
internet of things (IoT) and/or wireless electroruc devices to
identify the types of materials in commercial businesses'
blue containers, green containers, and gray containers for
purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of prohibited
container contaminarits. Remote monitoring may involve
installation of remote monitoring equipment on or iii
cornrnercial businesses' blue containers, green contaiiyers,
and gray containers. A remote monitoring program may be
implemented by the City, its designee, and/or a commercial
business at a later date, consistent with the terms of this
chapter. Remote monitoring is not expected to be used for
any residential premises.
65. "Residentialprernises" or "residential" means any
single-unit dwelling or multi-unit residential property.
66. "Restaurant" means an establishment primarily
engaged in the retail sale of food and drinks for on-prennses
or immediate consumption, or as otherwise defined in 14
California Code of Regulations Section 18982(a%64).
67. "Route review" means a visual inspection of
containers along a hauler route for the purpose of
deterrnining container contamination, and may include
mechanical or electronic inspection methods such as the use
of cameras, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%65).
68. "ShareTable"hasthesamemeaningasinSection
1 ]4079 of the Health and Safety Code.
69. "Single-stream recycling" means a recycling
program in which generators place multiple types of
recoyerabIe materials in a single container that is designated
specifically for recyclables and is taken to a material
recovery facility for processing.
70. "Single-unit dwelling" or "single-family
dwelling" or "single-family" means one or more rooms and
a single kitchen, designed for occupancy by one family for
residential purposes. Each dwelling unit within a
condorninium project, duplex, touinhouse pro'3ect or
aoartment. and each second unit located within a
single-family residential zoning district, shall constitute a
separate single-unit dwelling to which solid waste collection
service is provided, unless the owner or occupants thereof
arrange for solid waste collection service to be provided to
all dwelling units upon the premises at commercial rates.
71. "Solidwaste"liasthesarnemeaningasdefinedin
California Public Resources Code Section 40191, and
generally 'ineans all items of solid waste including, but not
limited to garbage, non-organic recyclables, organic waste
and hazardous materials eligible for collection.
72. "Solid waste collector" means any person or
entity authorized by the franchise agreement between the
Francl'ffsee and the City, in accordance with Section
6.24.120 of this chapter, to collect, receive, carry,
transport, process and dispose of any garbage, non-organic
recyclables, organic waste and hazardous materials eligible
for collection, produced, ke'pt or accumulated within the
City.
73. "Solid waste collection seryice" means the
collection, transportation and disposal of garbage, org:m:ic
waste, non-organic recyclables and hazardous materials
eligible for collection by an authorized solid waste eollector.
74. "Source Separated" meaiis materials that, prior to
eolleetion, are or have been separated or segregated by their
generator as to type or category of source material and are
or have been placed into separate containers according to
type or category, i.e. all metal is separated from other
recyclables and placed in its own separate container or
separate debris box.
75. "Source separated blue container organic waste"
means source separated organic waste that can be placed in
a blue container that is limited to the eollection of those
organic waste and non-organic reeyclables as defined iu 14
California Code of Regulations Section 18982(a)(43), or as
otherwise defined by 14 California Code of Regulations
Section 17402(a)(18.7).
76. "Sourceseparatedgreencontainerorganicwaste"
means source separated organic waste that can be placed in
a green container that is limited to colleetion of organic
waste by the generator, excluding source separated blue
2021 S-84
16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
container organic waste, carpets, non-compostable paper,
textiles, and manure.
77. "Source separated recyclable materials" means
source separated non-organic recyclables and source
separated blue container organic waste.
78. "Supermarket" means a full-line, self-service
retail store with gross annual sales of two million dollars
($2,000,000), or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some
perishable items, or as otherwise defined in 14 California
Code of Regulations Section 18982(a%71).
79. "Tenant"meansanypersonorpersons,otherthan
the owi.er, occupying or ia pcssession of a premises.
80. "Tier one commercial edible food generator"
means the following: (a) supermarkets; (b) grocery stores
with a total facility size equal to or greater than 10,000
square feet; (c) food service providers; (d) food distributors;
and (e) wholesale food vendors. If the definition in 14
California Code of Regulations Section 18982(a)(73) of tier
one commercial edible food generator differs from this
definition, the definition in 14 California Code of
Regulations Section L8982(a%73) shall apply to this chapter.
For the purposes of this chapter, food recovery
organizations and food recovery services are not tier one
commercial edible food generators.
81. "Tier two commercial edible food generator"
means the following: (a) restaurants with two hundred fifty
(250) or more seats or a total facility size equal to or greater
than five thousand (5,000) square feet; (b) liotels with an
on-site food facility and two hundred (200) or more rooms;
(c) health facilities with an on-site food facility and one
hundred (100) or more beds; (d) large yienues; (e) large
events; (f) state agencies with a cafeteria with two liundred
fifty (250) or more seats or total cafeteria facility size equal
to or greater than five tl'iousand (5,000) square feet; and (g)
loeal education agency facilities with on-site Food facilities.
If the definition in 14 California Code of Regulations
Section 18982(a)(74) of tier two con'imereial edible food
generator differs from this definition, the definition in 14
California Code of Regulations Section 18982(a%74) sliall
apply to tliis chapter. Non-local entities that operate a
facility that meets this definition are tier two commercial
edible food generators. For the prirposes of this chapter,
food recovery organizations and food recovery services are
not tier two cornrnercial edible food generators. '
82. "Wholesale food vendor" means a business or
establishment engaged in the merchantwholesale distribution
of food, where food (including fniits and vegetables) is
received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 California Code of Regulations
Section 189852(a)(76). (Ord. 21-2231, 8, 1, 2021; Ord.
20-2218, § 2, 2021; Ord. 15-2130, § ] (part), 2015; Ord.
2094, F§ 1, 2012; Ord. 2069, 8, 1 (part), 2010; Ord. 1572,
§ I (part), 1991)
6.24.030 Mandatory Solid Waste Collection Service -
Owner Responsibility
A. The owner of each occupied residential or
nonresidential premises shall subscribe to and pay for at
least the minimum level of solid waste collection service
made available to that premises by the solid waste collector,
.3s specified in the franchise agreement between the city and
the solid waste collector executed pursuant to Section
6.24.120 of this Cliapter or obtain an exemption under
Section 6.24.031 below. The owner of each occupied
residential or nonresidential premises shall subscribe to and
pay for a level of service sufficient to provide for the
collection of all solid waste generated on the premises.
Customers at non-residential premises must subscribe to
services on a regular weekly basis sufficient to prevent
contaiiier or bin overages and, where necessary, to extra
services to prevent overages. Nonresidential customers'
solid waste, if bagged, shall be in clear plastic bags.
B. The charges for solid waste collection service
rendered or made available shall be paid for all periods of
time duri.ng which the pren'iises are occupied, regardless of
wliether or not the owner or tenant has any solid waste to be
collected on any particular collection date during such
occupancy. Occupancy shall be presumed unless evidence is
presented that gas, electric, telephone and water utility
services were not being provided to the premises during
such periods. Nothing in this section is intended to prevent
an arrangement, or the continuance of an arrangement,
under which payments for solid waste collection service are
made by a tenant or tenants, or aiiy agent or other person,
on behalf of the owner. However, any sueh arrangement
will not affect the solid waste collection service recipient's
obligation to pay for solid waste collection service as
provided herein. (Ord. 20-2218, 0 3, 2021; Ord. 15-2130,
F3 1 (part), 2015; Ord. 2069, !) 1 (part), 2010; Ord. 1572,
§ 1 (part), 1991)
6.24.031 Mandatory Solid Waste Collection Service
Exemption Procedhres.
An owner may obtain an exemption from the
mandatory solid waste collection service in section 6.24.030
through the following process:
A. An owner may apply to the Director for an
exemption from this section if (a) the applicable premises
2021 S-84
6.24.031 Cupertino - Franchises 16B
has been vacant aiid has not generated or accun'iulated any
solid waste for the previous sixty days, and (b) will eontinue
to be vacant for the foreseeable future.
B. Application for a vacancy exemption must be
made on the form provided by the city and submitted to the
Director for review and a determination as to the eligibility
in accordance with the city's vacancy exemption policy.
C. An exemption and any extension of sucli
exemption may be for a period of not more than one
hundred eigl'iff days. (Ord. ]5-2130, 8)1 (part), 2015)
6.24.035 Mandatory Non-Organic Recycling for
Businesses.
A. The owner or tenant designees of multi-family
dwelling premises are required to subscribe to aiid maintain
mandatory non-organic residential recycling services for
each individual houseliold in the dwelliixg. An exception may
be granted at the discretion of the Director if it is
determined there is not sufficient storage space for the
containers at the multi-family dwelling premises.
B. All busiiiesses are required to subscribe to and
maintain mandatory non-organic recycling services if such
businesses generate greater than or equal to four (4) cubic
yards of solid waste per week. If the solid waste collector
transports containers of solid waste generated by the
business to a material recovery facility for the purposes of
mixed waste processing, thereby separatii'xg non-organic
recyclables from the mixed waste and recycling the
non-organic recyclables, the business wiIl be deemed to be
subscribing to non-organic reeycling services.
C. The disposal of garbage in containers designated
for organic waste recycling or processiixg or for source
separated or single-stream recycling is prohibited.
D. The solid waste collector is prohibited from
providing solid waste service to businesses subjeet to the
mandatory non-organic recycling requirements without
providing a non-organic recyeling prograi'n that includes the
collection of a container no less than thirty-two (32) gallon
capacity, provided by the solid waste collector, at least one
(1) time per week. The only exceptions to this requirement
are the following:
1, The solid waste collector provides a mixed waste
processing program to the business in uihich solid waste
containers are taken to a material recovery facility for
processing to remove non-organic recyclable materials.
2. The solid waste collector may sierify the owner or
tenant designee has been granted an exception to tl'ie
mandatory non-organic reeyc.ling progranx from the
Director. (Ord. 20-2218, F3 4, 2021; Ord. 15-2130, e, I
(part), 2015; Ord. 2094, § 2, 2012)
6.24.037 Mandatory Organic Waste Disposal
Reduction.
6.24.03'7.010 Requirements for Single-Family
Generators.
.Single-family orgarfic waste generators shall:
A. Subscribe to the City's organic waste collection
services for all organic waste generated. The City and/or its
designee shall have the right to review the number and size
of a generator's containers to evaluate the adequacy of
capacity provided for each type of collection service and to
review the proper separation of materiaIs and containment
of materials.
B. Participate in the City's organic waste collection
service by placing designated materials in designated
containers as described below, and not placing prohibited
container contarninants in collection containers. Generator
shall place souree separated green container organic waste,
including food waste, in the green container; source
separated recyclable materials in the blue container; and
gray container waste in tlie gray container. Generator shall
not place materials designated for the gray container into the
green container or blue container.
C. Nothing in this section prohibits a generator from
preventing or reducing their solid waste generation,
mazyaging organic waste on site, and/or using a community
composting site pursuant to 14 California Code of
Regulations Section 18984.9(c). (Ord. 21-2231, 8, 1, 2021)
6.24.037.020 Requirements for Commercial Business
Generators,
Commercial business orgarfflc waste generators,
including multi-family organic waste generators, shall:
A. Except cornrnercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
eode, or that meet the waiver requirements iix Section
6.24.037.030 of this code, subscribe to the City's organie
waste c.ollection service for alI organic waste generated. The
City and/or its designee shall have the right to review the
number and size of a generator's containers and frequency
of collection to evaluate the adequacy of capacity provided
for each type of collection service and to review the proper
separation of materials and containment of materials.
B. Except commercial businesses that meet tl'ie
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, participate in the City's organic
waste collection service by placing designated materials in
designated containers as described beloui, and not placing
prohibited container contaminants in eollection containers.
Generator shaIl place source separated green container
organic waste, including food waste, in the green container;
l
2021 S-84
16C Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.020
source separated recyclable materials in the blue container;
and gray container waste in the gray container. Generator
shall not place materials designated for the gray container
into the green container or blue container. If organic waste
is placed in a plastic bag, the bag must be a clear plastic or
a compostable plastic bag.
C. Supply and allow access to adequate nurnber, size
and location of collection containers with sufficient labels or
colors (conforming with Sections 6.24.037.020.D.1 and
6.24.037.020.D.2 of this code) for employees, contractors,
tenants, and customers, eonsistent with the City's blue
container, green container, and gray container collection
service Or, if 5H@k-hariling, per the commercial business's
instructions to support its compliance with its back-haul
program, in accordance with Section 6.24.037.050 of this
code.
D. Excluding multi-family residential properties,
proyide containers for the collection of source separated
green container orgaiuc waste and source separated
recyclable materials in all indoor aiid outdoor areas where
disposal containers are provided for customers for materials
generated by that business. Such containers do not need to
be provided in restrooms. If a con'imercial busiiiess does not
generate any of the materials tliat would be collected in one
type of container, then the business does not have to provide
that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14
California Code of Regulations Section 18984.9(b), the
containers provided by the business shall have eitlier:
1. A body or lid that conforms with the container
colors specified by the City, with either lids conforming to
the color requirements or bodies confornung to the color
requirements or both lids and bodies conforming to color
requirements. Notwithstandiiig the foregoing, a eommercial
business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that
do not comply with the requirements of the subsection prior
to the end of the useful life of those containers, or prior to
January l, 2036, whichever comes first.
2. Container labels that include language or graphic
images, or both, indicating the prin"iary material accepted
and tlie primary materials prohibited in that container, or
containers with imprinted text or graphic in'iages that
indicate the primary materials accepted aiid priniary
materials prohibited in the container. Pursuant to 14
California Code of Regulations Section 18984.8, the
container labeling requirements are required on new
containers coinrnencing January 1, 2022.
E. Excluding multi-family residential properties, to
the extent practical through education, training, inspection,
and/or other measures, prohibit employees from placing
materials in a container not designated for those materi.als
per the City's blue container, green container, and gray
container collection service or, if back-hauling, per the
commercial business's instnictions to support its compliance
witli its back-haul program, in accordance with Section
6.24.037.050 of this code.
F. Excluding multi-fan'ffly residential properties,
periodically inspect blue containers, green containers, and
gray containers for contamination and inform employees if
containers are contaminated and of the requirements to keep
contan'iinants out of those containers pursuant to 14
California Code of Regulations Section 18984.9(b%3).
G, Annually provide information to employees,
contractors, tenants, and customers about orgai'ffc waste
recovery requirements and about proper sorting of source
separated green container organic waste and source
separated recyclable materials.
H. Provide education information within fourteen
(14) days of new occupation of the premises to new tenants
that describes requirements to keep source separated green
container organic waste and source separated recyclable
materials separate from each other and gray container waste
and the location of containers and the rules governing their
use.
I, Provide or arrange access for inspections
conducted in accordance with Section 6.24.037.070 of this
code to confirm compliance with the requirements of this
chapter.
J. Accommodate and cooperate with the Cit5r's
remote monitoring program, if any, for inspection of the
adequacy of capacity and the types of materials placed in
containers to identify prohibited container contarninants.
K. Atacornrnercialbusiness'soptionandsubjectto
any approval required from the City and/or its designee,
implement a remote monitoring program for self-inspection
and self-monitoring of the adequacy of capacity and the
types of materials placed in containers to identify prohibited
container contarninants.
L, Nothing in this section prombits a generator from
preventing or reducing waste generation, managing organic
waste on site, and/or using a cornrnunity composting site
pursuant to 14 California Code of Regulations Section
18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.030 Watvers for Commercial Business
Generators.
A, De Minin'iis Waiyers. The Director may waive a
cominercial business's (including a multi-family residential
property's) obligation to comply with some or all of the
organic waste collection service requirements of this cliapter
if the commercial business provides documentation
demonstrating that the business generates below the amount
of organic waste described in this section. A eommercial
business requesting a de minimis waiver shall:
2022 S-84
6.24.037.030 Cupertino - Franchises 16D
1. Submit an application to the Director specifying
the service or requirements for which it is requesting a
WalVer.
2. Provide documentation that either:
(a) The commercial business's total solid waste is
two (2) cubic yards or more per week and orgar+rc waste
subject to collection in a blue container or green container
comprises less than twenty (20) gallons per week per
applicable container of the business' total waste; or,
(b) The commercial business's total solid waste is
less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container
colnprises less than ten (1 0) gallons per week per applicable
container of the business 's total uiaste.
(c) For the purposes of this section, total solid waste
shall be the sum of weekly container capacity n'ieasured ii'i
cubic yards for solid waste, non-organie recyclable material,
and organic waste.
3. Notify the Director if cirec'imstances cliange such
that the commereial business's organic waste exceeds the
threshold required for waiver speeified in this section, in
which case the waiver will be re.scinded.
4. Provide written verification of eligibility for a de
n'iinimis waiver to ffie Director every five (5) years, if tlie
City has approved a de minimis waiver.
B. PhysicalSpaceWaivers.TheDirectormaywaiye
a comn'iercial business's (including a multi-fainiIy residential
property's) obligation to con'iply with. soxne or all of tlie
organic waste collection service requirements of this chapter
if the commercial business provides documentation
demonstrating that the prenuses laeks adequate space for tlie
collection containers required for compliance with this
chapter. A cornrnercial business requesting a physical space
waiver shall:
1. Submit an application to the Director specifying
the service or requirements for wl'ffeh it is requesting a
waiver.
2. Pro'vide documentation that the preinises lacks
adequate space for blue containers and/or green containers,
which may include documentation from its liauler, licensed
architect, or licensed engineer.
3. Notify the Director if the commercial business's
physical space configurations change, in whicli case waiyier
will be rescinded.
4. Provide written verification of eligibility for a
physical space waiver to the Direetor every five (5) years,
if the City has approved a physical space waiver. (Ord.
21-2231, § 1, 2021)
6.24.037.040 Requirements for Haulers and Facffity
Operators.
A. Requirements for Haulers
1. The exclusive franchised hauler providing
residential, commercial, or industrial organic waste
collection services to generators withinthe City's boundaries
shall meet the following requirements and standards:
(a) The Franchise Agreement with the exclusive
franchised hauler will identify the facilities to which the
hauler will transport organic waste including faciIities for
source separated recyclable materials and sorirce separated
green container orgarfic vzaste.
(b) Transport source separated recyclable materials
aiid source separated green container organic waste to a
facility, operation, activity, or property that recovers
organic waste as defined in 14 California Code of
Regulations, Division 7, Chapter 12, Article 2.
2. Nothing in this section is applicable to haulers
transporting sourc.e separated orgarUc waste to a community
con'iposting site in a maniier otherwise consistent with law,
or lavifully transportiiig C&D debris in a manner that
complies with 14 California Code of Regulations Section
18989.1 aiid the City's C&D debris ordinances, codified at
Section 6.24.200 and 16.72.040 of this code.
3. Back-haulers shall comply with the requirements
of Section 6.24.037.050 of this code.
B. Requirements for facility operators and
community composting operations
1. Owners of facilities, operations, and activities
that recoyer organic waste, including, but not limited to,
compost facilities, iii-vessel digestion facilities, and
publicly-owned treatment works shall, upon the City's
request, provide information regarding available and
potential new or expanded capacity at their facilities,
opera'aons, anei activities, including information about
throughput and permitted capacity necessary for planning
purposes. Entities contacted by the City shail 'respond within
sixty (60) days.
2, Community composting operators shall, ripon the
City's request, provide irfformation to the City to support
organic uiaste capacity plaz'ining, including, but not limited
to, an estimate of the amount of organic waste anticipated to
be handled at the community composting operation. Entities
contacted by the City shall respond within sixty (60) darts.
(Ord. 21-2231, 8, 1, 2021)
6.24.037.050 Requirements for Back-Haulers.
A. Back-haulers shall source separate all non-organic
recyclable material and orgarfic waste generated on-site from
solid waste in a manner consistent with 14 California Code
of Regulations Sections 18984.1.
1,1 ,
2ml S-84
16E Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.050
B. Back-haulers shall haul their source separated
recyclable materials and source separated green container
organic waste for appropriate reeoyery.
C. Back-haulers shall keep records of the quantity of
non-organic recyclable material and organic waste being
back-hauled. The records shall include the following
information:
1. Delivery receipts and weight tickets from the
entity accepting the non-organic recyclable material aixd
organic waste.
2. The amount of non-organic recyclable material
and organic waste in cubic yards or tons transported by the
generator to each entify.
3. If the material is transported to an entity that does
not have scales on-site, or employs scales incapable of
weighing the back-hauler's vehiele in a manner that allows
it to determine the weight of materials received, tl'ie back-
hauler is not required to record the weigl'it of material but
shall keep a record of the entities that receiyed the non-
orgai'iic recyclable material and orgaiuc waste.
D. Back-haulers shall, upon tlie City's request,
provide the records collected pursuant to this section.
Entities contacted by ffie City shall respond within six.ty (60)
days. (Ord. 21-2231, § 1, 2021)
6.24.037.060 Procurement.
Mulcli procured for the pui'pose of meeting tlie City's
ainiual recovered organic waste product procurement target
pursuant to 14 California Code of Regulations Chapter 12 of
Division 7 must meet the requirements described in this
section for the duration of the applicable procurement
compliance year, as specified by 14 California Code of
Regulations Section 18993.1(f)(4):
A. Produced at one of the following facilities:
1. A compostable material ].iandling operation or
facility as defined in 14 California Code of Regulations
Section I 7852(a%l2), that is permitted or authorized under
14 California Code of Regulations Division 7, other than a
chipping and griiiding operation or facility as defined in ]4
California Code of Regulations Section 17852(a)(10);
2. A transfer/processing facility or transfer/
processing operation as defined in 14 California Code of
Regulations Sections 17402(a%30) and (31), respectively,
that is permitted or authorized under 14 California Code of
Regulations Division 7; or,
3. A solid waste landfill as defined in Public
Resources Code Section 40195. I that is permitted under 27
California Code of Regulations Division 2.
B. Meet or exceed the physical eontarnination,
maximum metal concentration, and pathogen density
standards for land application specified in 14 California
Code ofRegulations Sections 17852(a%24.5%A)1 through3.
(Ord. 21-2231, S, 1, 2021)
6.24.037.070 Inspections and Investigations.
A. The City and/or its designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any eollection container, collection yehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated
materials, to confirm compliance with this chapter by
organic waste generators, cornrnercial businesses (including
multi-family residential properties), haulers, and
back-haulers, subject to applicable laws. This section does
not allow the City or its designee to enter the interior of a
residential premises for inspection. For the purposes of
inspecting commercial business containers for compliance
with Section 6.24.037.020 of this code, the City and/or its
designee may conduct container inspections for prohibited
container contai'imants usirig remote monitoring, if such a
program is adopted, and cornrnercial businesses shall
accommodate and cooperate witli such remote monitoring
pursuant to Section 6.24.037.020.J of this code.
B, Regulated entity shall proyide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall coopera.te with the
City and/or its designee during such inspeetions and
investigations. Such iiispections and iiivestigations may
include confirmation of proper placement of materials in
containers, ii'ispection of edible food recovery activities,
review of required records, or other verification or
inspecti.on to confirn'i eompliance with any other requirement
of this chapter. Failure of the regulated entity to provide or
arrange for: (1) access to the premises; (2) installation and
operation of remote monitoring equipment, if a remote
monitoring program i.s adopted; or (3) access to records for
any inspection or investigation is a violation of fhis chapter
aiid may result in penalties described in Sections
6.24.037.080 and 6.24.240 of this code.
C. Any records obtained by the City and/or its
designee during inspections, remote monitoring, if such a
prograri.'i is adopted, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of a'ie
Public Records Act as set forth in Government Code Section
6250 et seq.
D. The City and/or its designee are authorized to
conduct any inspections, remote monitoring, if such a
program is adopted, or other investigations as reasonably
necessary to further tlie goals of this chapter, subject to
applicable laws.
E, The City shall accept written complaints from
persons regarding an entity that may be potentially non-
compliant with this chapter, including reeeipt of anonymous
con'iplaints. (Ord. 21-2231, § 1, 2021)
2021 S-84
6,24.037.080 Cupertino - Franchises 16F
6.24.037.080 Enforcement.
A. For the period from January 1, 2022 through
December 31, 2023, the enforcement officer and/or the
City's designee will conduct inspections, remote monitoring
(if such a program is adopted), route reviews, eompliance
reviews, and inyestigation of complaints, depending upon
the type of regulated entity, to deterrrUne compliance with
the requirements of Section 6.24.037 of this code. If the
enforcement officer and/or the City's designee determines
that an organic waste generator, back-hauler, hauler, or
other entity is not in compliance with such section, the
enforcement officer and/or the City's designee shall provide
ed'acational materials to the entity, describirig its obligations
under Section 6.24.037 of this code and that violations may
be subjectto administrative citations, fines, civil penalties or
other remedies beginning on January 1, 2024.
B. Beginning January 1, :024, any person who
violates any provision of Section 6.24.037 of this code shall
be subject to the penalties as provided in Section 6.24.240
of this code.
C. The enforcement officer and/or the City's
designee will monitor compliance with Section 6.24.037 of
this code through compliance reviews, route reviesvs,
investigation of complaints, and an inspection program (that
may include remote monitoring, if such a program is
adopted).
D. The enforcement officer may issue a notice of
violation requiring compliance within sixty (60) days of
issuance of the notice. (Ord. 21-2231, 8, I, 2024)
6.24.038 Mandatory Edible Food Recovery.
6.24.038.010 Requirements for Comtnercial Edible
Food Generators.
A. Tier one commercial edible food generators must
comply with the requirements of this section commencing
January 1, 2022, and tier two commercia edible food
generators must comply commencing January 1, 2024,
pursuant to 14 California Code of ReguIations Section
18991.3,
B. Large venue or large event operators not
providing food services, but allowing for food to be
provided by others, shall require food facilities operating at
the large venue or large event to comply with tl'ie
requirements of this Section, commencing January 1, 2024.
C. Tier one and tier two commereiaI edible food
generators shall comply with the following requirements:
1. Arrange to recoyer the maximum amount of
edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement
with, food recovery organizations or food recovery services
for: (a) the collection of edible food for Food recovery; or,
(b) acceptance of the edible food that the commercial edible
food generator self-hauls to the food recovery organization
for food recovery.
3. Shall not intentionally spoil edible food that is
capable of being recovered by a food recovery organization
or a food recovery service.
4. Allow the department or designee to access the
premises, conduct inspections, and review electronic and
hard copy records pursuant to 14 CaIlifornia Code of
Regulations Section 18991.4.
5. Keep records that include the following
information, or as otherwise specified in 14 California Code
r)f T egyilations Section 3899L4:
(a) A list of each food reco'very service or
organization that colleets or receives its edible food pursuant
to a contract or written ageement established under 14
California Code of Regulations Section 18991.3(b).
(b) A copy of all contracts or written agreements
established under 14 California Code of Regulations Section
18991.3(b).
(c) A record of the following information for each of
those food recovery services or food recovery organizations:
(i) The nan'ie, address and contact information of the
food recovery service or food recovery organization.
(ii) The types of food that will be collected by or
self-hauled to the food recovery service or food recovery
orgaruzafion.
(iii) The established frequency that food wil) be
collected or self-hauled.
(iv) The quantity of food, measured in pourids
recovered per month, collected or self-hauled to a food
recovery service or food recovery organization for food
recovery.
D. Tier one con'unercial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before August 1, 2022, tier one
con'u'nercial edible food generators shall submit a food
recoyery report for the period of January 1, 2022 through
June 30, 2022.
2. On or before May 1, 2023, and on or before May
1st each )tear thereafter, tier one commercial edible food
generators shall submit a food recovery report for the period
covering the entire previous calendar year.
E. Tier two commercial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before May 1, 2025, and on or before May
1st each year thereafter, tier two commercial edible food
generators shall submit a food recovery report for the period
covering the entire previous calendar year.
1, . I
2021 S-84
16G Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.038.010
F. Food recovery reports submitted by tier one and
tier two commercial edible food generators shall include the
following information:
1. The name and address of the commercial edible
food generator;
2. The name of the person responsible for the
commercial edible food generator's edible food recovery
program;
3. A list of all contracted food recovery services or
food recovery organizations that collect edible food from the
commercial edible food generator;
4. The total number of pounds of edible food, per
y(334 donated through 2 crintraeted Food recovery
organization or food recovery service.
G. Nothing in this chapter shall be construed to liniit
or conflict with the protections provided by the California
Good Sarnaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or sliare table and scl'iool food
donation guidance issued by the California Department of
Education pursuant to Senate Bill 557 (2017). (Ord.
21-2231, § 1, 2021)
6.24.038.020 Requirements for Food Recovery
Organizations and Setsfflces.
A. Food recovery services collecting, receiving, or
coordinating the collection of edible food directly from tier
one or tier two commercial edible food generators, via a
contract or written agreement established under 14
California Code of Regulations .Section 18991.3(b), shall
maintain the following records, or as otherwise specified by
14 California Code of Regulations Section 18991.5(a)(1):
1. The name, address, and contact information for
each commercial edible food generator from which tl'ie
service collects edible food.
2. The quantity in pounds of edible food collected
from each commercial edible food generator per month.
3. The quantity in pounds of edible food trarisported
to each food recovery organization per month.
4. The name, address, and contact information for
each food recovery organization that the food recovery
service transports edible food to for food recovery.
B. Food recovery organizations collecting,
receiving, or coordinating the collection of edible food
directly from tier one or tier two commercial edible food
generators, via a contract or written agreement establisl'ied
under 14 California Code of Regulations Section
18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations
Section 18991.5(a)(2):
1. The name, address, and contact information for
each con'unercial edible food generator from which the
organization receives edible food.
2. The quantity in pounds of edible food received
from each commercial edible food generator per month.
3. The name, address, and contact information for
each food recovery service that the organization receives
edible food from for food recosiery.
C. Food recovery organizations and food recovery
services that have their primary address physically located
in the City and contract with or have written agreements
with one or more tier one or tier two commercial edible
food generators pursuant to 14 California Code of
Regulations Section 18991.3(b) shall submit food recovery
reports meeting the requirements of Section 6.24.038 of this
code to the department or designee according to the
following schedule:
1. On or before August 1, 2022, food recovery
organizations andfoodrecovery services shall submitafood
recovery report for the period of January 1, 2022 bough
June 30, 2022;
2. On or before May 1, 2023, and on or before May
1st each year thereafter, food recovery organizations and
food recovery services shall submit a food recovery report
for the period covering the entire previous calendar year.
D. Foodrecoveryreportssubrnittedbyfoodrecovery
services or organizations shall include the following
information:
1. Total pounds of edible food recovered in the
previous calendar year from tier one and tier two edible
food generators with whom the reporting entity has a
contract or written agreement pursuant to 14 California
Code of Regulations Section 18991.3(b).
2. Total pounds of edible food recovered in the
previous calendar year from the tier one and tier two
commercial edible food generators within Santa Clara
County with whom the reporting entity has a contract or
written agreement pursuant to 14 California Code of
Regulations Section 18991.3(b).
E. hi order to support edible food recovery capacity
planning assessments or other studies conducted by the
County of Santa Clara, the City, or designee, food recovery
services and food recovery organizations operating in the
City shall provide information and consultation to the City,
designee, or department, upon request, regarding existing,
or proposed new or expanded, food recovery capacity that
could be accessed by the City and its tier one and tier two
commercial edible food generators. A food recovery service
or food recovery organization contacted by the City, the
department, or designee shall respond to such request for
information within sixty (60) days, unless a shorter
timefrarne is specified. (Ord. 21-2231, 8, 1, 2021)
2021 S-84
6.24.038.030 Cupertino - Franchises 16H
6.24.038.030 Edible Food Recovery Inspections and
Investigations by Department or
Designee.
A. The department and/or designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators to confirm compliance
with this chapter by tier one and tier two commereial edible
food generators, food recovery services, and food recovery
organizations, subject to applicable laws. This seetion does
not allow the department or designee to enter the interior of
a residential premises for inspection.
B. Regulated entities shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate. witl'i the
department's or designee's employees during sucli
inspections and investigations. Such inspections and
investigations may include in-person or electronie review of
edible food recovery activities, records, or any other
requirement of this chapter described liereiii. Failure to
provide or arrange for access to the premises or access to
records for any inspection or investigation is a violation of
this chapter and may result in penalties described in Section
6.24.038.040 of this code.
C. Any records obtained by the department or
designee during inspections, and other reviews shall be
subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set Forth in
Government Code Section 6250 et seq.
D. Representatives of the department and/or designee
are authorized to conduct any inspections, or other
investigations as reasonably necessary to further tbe goals of
this chapter, subject to applicable laws.
E. Department shall receive written con'iplaints,
including anonymous complaints, regarding entities thatmay
be in violation of this chapter. Complaints shall include the
name and contact information of the complainant, if the
complainant is not anonymous; the identity of the alleged
violator, if known; a description of the alleged violation
including location(s) and all other relevant facts known to
the complainant; any relevant photographic or documentary
evidenee to support the allegations in the complaint; and the
identity of any witnesses, if known. (Ord. 2]-2231, § 1,
2021)
6.24.038.040 Enforcement.
A. Administrative Fine. VioIation of any provision
of this ehapter shall constitute grounds for issuance of a
notice of violation and assessment of an administrative fiiie
by the department. Absent compliance by the respondent
within the deadline set forth iix the notice of violation, the
department shall commence an action to impose penalties,
via m administrative citation and fine.
B. Notice of Violation. Before assessing an
administrative fine, the department shall issue a notice of
violation requiring compliance within sixty days of issuance
of the notice. The notice shall include: (1) the narne(s) of
each person or entity to whom it is directed, (2) a factual
description of the violations, including the regulatory
seetion(s) being violated, (3) a compliance date by which the
respondent is to take specified action(s), and (4) the penalty
for not complyiiig before tlie specified deadline.
C. Extensions to Compliance Deadlines. The
department may extend the compliance deadlines set forth in
a notice of violation it it finds that there are extenuating
circumstances beyond the control of the respondent that
make compliance within the deadlines impracticable,
including the following:
1. Acts of God such as earthquakes, wildfires,
flooding, and other emergencies or natural disasters;
2. Delaysinobtainingdiscretionarypermitsorother
goverriment agency approvals;
3. Deficiencies in edible food recovery capacity and
the existence of a corrective action plan imposed pursuant to
14 California Code of Regulations Section 18996.2 due to
those deficiencies; or,
4. Any other circumstance in which the department
director, in tl'ieir sole discretion, finds good cause to extend
the compliance deadlines.
D. Adininistrative Citations. If the respondent fails
to correct the violation by the compliance date, the
department shall issue an adn'strative citation and fine.
The citation shall include a description of the administrative
citation appeal process, including the designated hearing
officer, the time within which the adn'strative citation
n'iay be contested, and instructions for requesting a hearing.
E. Amount of Fine. The amount of the
administrative fine for each violation of this chapter shall be
as follows:
1. For a first violation, the amount of the base
penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base
penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of
the base penalty shall be $250 to $500 per violation.
F. Factors Considered in Determm'tng Penalty
An'iount. The follouiing factors shall be used to determine
tlie amount of the penalty for each violation within the
appropriate penalty range:
1. The nature, circumstances, and severity of the
violation(s).
2. The violator's ability to pay.
3. The willfulness of the violator's misconduct.
2021 S-84
16I Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.030
4. Whether tlie violator took measures to avoid or
mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from
the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions
outside tlie control of the violator.
G. Appeals. Persons receiving an administrative
citation for an uncorrected violation may request a hearing
to appeal the citation. The City will designate a hearing
officer who sliall conduct the hearing and issue a final
written order. The hearing officer may be a City official or
ancther public agency designated by the City. The hearing
officer shall be identified in the admii'iistrative citation. A
hearing will be held only if it is requested within fifteen (15)
days from the date of the notice of the adn'strative
citation.
H. Other Remedies. Other remedies allowed by law
may be used to enforce tliis chapter, including civil action or
criminal prosecution as misdemeanor or infraction. The
department and/or City may pursue civil actions in tlie
California courts to seek recovery of unpaid administrative
citations. The department may choose to delay court action
until such time as court action is a reasonable use of staff
and resources.
I. EducationPeriodforNon-Compliaiice.Beginniixg
January i, 2022, and through December 31, 2023, the
department and/or designee will conduct inspections and
compliance reviews. If the department and/or designee
determines that a tier one commercial edible food generator,
food recovery organization, food recovery service, or other
entity is not in compliance with Section 6.24.038 of tliis
code, it shall provide educational mat.erials to the entity
describing its obligations under Section 6.24.038 of this
code and a notice that compliaiice is required. It shall also
provide notice that violations may be subject to
administrative civil penalties starting on Jaiiuary 1, 2024.
(Ord. 21-2231, 8, 1, 2021)
6.24,040 Commencetneut of Solid Waste Collection
Service.
The owner or tenant shall conmence solid uiaste
collection service within ten days after occupancy of a
pren'iises, or portion thereof. In the event service is not
initiated within such period of tin'ie, the Director may give
written notice to the owner or tenant that solid waste
collection service is required. If service is not initiated by
the owner or tenant within ten days after the date of mailing
the notice, the Director shall authorize the solid waste
collector to begin and continue providing the rninimum level
of solid waste collection service to such premises and the
service shall be deemed to have been made available as of
the date of such authorization. (Ord. 15-2130, § 1 (part),
2015; Ord. 2069, F3 I (part), 2010, Ord. 1572, F§ 1 (part),
1991)
6.24.050 Frequency of Disposal.
No more than one week's accumulation of garbage
shall be kept or perrnitted to remain upon any premises in
the City. At least once a week, all garbage and organic
waste produced, kept, deposited, placed or accumulated
within any premises in the City shall be disposed of in
accordance with the provisions of this chapter. Dry
non-organic recyclables may be accumulated for up to one
month (if necessary to reasonably fill the collection
container), so long as they are not stored withiii view of the
public right of way and are kept in appropriate containers.
(Ord. 15-2130, 8, I (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, 8, 1 (part), 1991)
6.24.060 Method of Garbage, Organic Waste and
Non-Organic Recyclables Disposal.
All garbage, organic waste and non-organic recyclables
subject to solid waste collection service shall be disposed of
by del.ivery of the appropriate container to an authorized
collection station, located as to be readily accessible for the
removal axtd emptying of its contents by tlie solid waste
collector. (Ord. 21-2231, § 1, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, 81 1
(part.), 1991)
6.24.070 Garbage, Organic Waste and Non-Organic
Recyclables Containers.
A. All garbage, organic waste materials and
non-orgainc recyclables containers shall be kept in a sax'iitary
condition with the lid closed or cap secured, except wl'ien
being loaded or unloaded.
B. Garbage,organicwastematerialsandnon-organic
recyclables containers for residential premises shall be
provided by the solid waste collector and be sized based on
the level of subscription for services requested by the
responsible party or as may be required by this Chapter
6.24. Containers shall not be loaded with more materials
than will fit in the container with the lid closed or cap
secured, or iii excess of the weight limit marked on the
container. All containers for business structure premises
shall be provided by or approved by the solid waste
collector, except for industry approved grease or cooking oil
tallow bins that shall be provided by a designated tallow
hauler.
C. Garbage, organic waste and non-organic
reeycling containers shall be collected by the solid waste
2021 S-84
6.24.070 Cupertino - Franchises 16J
collector when the containers are placed at the collection
station; provided, however, that the collection may be made
at such other location upon approval by the Director, based
on the services subscribed for by the responsible party.
D. Garbage containers, organic materials containers
and non-organic recycling containers shall be placed at the
authorized collection station not more than hventy-four
hours before the scheduled collection time, unless the
resident subscribes for 'Walk-Up' services. All containers
shall be removed from Ihe collection station area within
twenty-four hours after collection. Wliere containers are
placed within a designated bike lane, containers shall be
remcyed within twel:ie hours after ccllectiori. All bins,
boxes, and containers of one cubic yard or more, which are
serviced by the solid waste collector, shall be identified with
the name and telephone rn.imber of the collector servicing the
bins, boxesandcontainers. (Ord. 15-2130, 8, 1 (part), '2015;
Ord. 2069, § l (part), 2010; Ord. 1626, (part), 1993; 15-/2,
S) 1 (part), 1991)
6.24.080 Inappropriate Containers.
It is the duty of the authorized solid waste collector,
unless otherwise allowed under the current franchise
agreement, to provide the bins, boxes and containers. The
use of garbage, organic materials and non-organic recycling
containers which do not meet the standards set forth in
Section 6.24.070 of this chapter shall be subject to
regulations prescribed by the Director. The solid svaste
collector may propose for City approval additional charges
to be paid the solid waste collector for the collecting and
transporting of the inappropriate containers or waste
contained therein. (Ord. 20-2218, 8, 6, 2021; Ord. 15-2130,
F3 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. L626,
(part), 1993; Ord. 1572, § 1 (part), 1991)
6.24.090 Burning Restrictions.
It is unlawful for any pcrson to burn, or cause to be
burned, any solid waste within the City or to burn, or cause
to be burned, any waste upon public streets, ways or alleys.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § I (part),
2010; Ord. 1572, § 1 (part), 1991)
6.24.100 Disposal of Explosive or Hazardous Material
Restrictions.
No person shall deposit in any garbage organic waste
or non-organic recycling container any explosive, highly
inflammable or otherwise hazardous material or substance.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 1991)
6.24.110 Unauthorized Disposal Prohibited.
A. It is unlawful for any person or entity in the City
to throw, deposit or store refuse, garbage or hazardous
waste, or to cause the same to be thrown, deposited or
stored, upon any street, alley, gutter, park, or other public
place. Furthermore, no property owner and/or tenant with
control over any premises shall keep or maintain any
garbage, non-organic recyclables, organic waste, hazardous
materials, or any waste effluent such as grease or oil on any
premises within the City other than in containers as required
by Section 6.24.070 and/or any other provisions of this
chapter. Waste water must go to the sanitary sewer; if it
contains oil or grease a grease trap may be required.
B. Nothing contained in Section 6.24.070, Section
6.24.080 or this Section 6.24.I10 shall prevent a property
owner and/or tenant with control over any residential
prerrNses from keeping or maintaining organic waste in a
residential composting bin designed and intended for
residential eomposting. Residential composting materials and
containers shall not be stored in public view. (Ord.
15-2130, § 1 (part), 2015; Ord. 2069, 8, l (part), 2010; Ord.
f572, § 1 (part), 199I)
6.24.120 Franchise Granting Authority.
The City Council may award m exclusive franchise to
any person or entity the Council believes is qualified to
perform solid waste collection service. Such franchise
agreement sl-iall require the solid waste collector to render
service to all residential aixd nonresidentiaI premises within
the City in accordance with the provisions of this cliapter
and in conforn':ffty with such regulations as may be adopted
by the Director with the approval of the City Council.
Additional terms of such franchise agreement shall not
conflict tvith any of the provisions of this chapter, Chapter
9. 16 or Chapter 10.48. (Ord. 20-2218, F3 7, 2021; Ord. 15-
2130, tj 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord.
1572, S, 1 (partl 1991)
6.24.150 Charges for Solid Waste Colleetion Service.
The City Council reserves the right to establish by
resolution a maximum schedule of rates and charges for all
levels of solid waste collection services to be rendered by
the solid waste collector, who shall then have authority to
coIlect such rates and charges. The schedule may be
ehanged from time to time in the manner prescribed by the
franchise agreement betsveen the City and the solid waste
eollector. (Ord. 20-2218, § 8, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
(part), 1991)
6.24.160 Entitlement to Collect for Solid Waste
Collection Service.
The solid waste collector shall be entitled to payment
from the recipient of solid waste collection service for any
services rendered or to be rendered by the solid waste
collector. Upon failure to make such payment, the means of
2021 S-84
16K Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.160
collecting delinquent charges shall be in accordance with the
procedures set forth in Sections 6.24. 170 through 6.24. 180
of this Chapter. (Ord. 20-2218, !g 9, 2021; Ord. 15-2130,
§ I (part), 2015; Ord. 2069, 8) 1 (part), 2010; Ord. 1572,
8, 1 (part), 1991)
6.24.170 Notification of Delinquency.
If a bill for solid waste collection service becomes
delinquent, the solid waste collector shall send or deliver
notice of delinquency in the form and manner set forth in the
franchise agreement, and indicating the amount owed for
solid waste collection service, including the an'iount of late
charges that may be imposed thereon, and advising that
failure to pay the same will result in increased penalties and
that the solid waste collector may pursue other remedies
consistent uiith law regulating the collection of debts. (Ord.
20-2218, FS, 10, 2021; Ord. 15-2130, 8) 1 (part), 2015; Ord.
2069, FB I (part), 2010; Ord. 1572, S, 1 (part), 1991)
6.24.180 Retnedies for Delinquent Account.
If a bill for solid waste collection service remains
delinquent for more than forty-fisie (45) days, and the solid
waste eollector has given notice as required herein, the solid
waste collector shall be entitled to collect a lat.e charge in
such amount as set forth in the franchise agreement with the
solid waste collector. In the event tl'ie bill for solid waste
collection service, together with any late cliarge thereon,
remains delinquent for more than ninety (90) days, and the
solid waste collector has given notice as requirea herein, the
solid waste collector may pursue any remedies consistent
with the franchise agreement and law regulating the
collection of debts for seryices rendered by the solid waste
colleetor. (Ord. 20-2218, § 11, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1572, § ]
(part), 1991)
6.24.190 Recycle Centers.
The City may operate one or more centers for the
collection of recyclable materials or may enter into a
contract with a private party to operate such centers. The
City may contract with the same solid waste collector
awarded the franchise for solid waste collection service or
with any other party for the processing and transportation of
the recyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
designate what material shall be deemed recyclable and
which may therefore be disposed of by delivery to a recycle
center. (Ord. 15-2130, 8) I (part), 2015; Ord. 2069, F§ l
(part), 2010; Ord. 1572, el 1 (part), 1991)
6.24.200 Unauthorized Solid Waste Collection.
A. No person shall collect any garbage, mixed
non-organic recyclables, or organic waste from containers
provided by the solid waste collector when the containers
are located at the collection station and/or within a solid
waste enclosure recycling area, unless sueh person is an
agent or employee of the City acting within the course and
scope of his employment, or lias been awarded a franchise
by the City to act as solid waste collector.
B. No person shall collect any garbage, mixed
non-organic recyclables, organic waste, or construction and
demolition materials through the use of debris boxes,
compactors and bin-by-the-day services, wbich is produced,
kept or accumulated within the City, unless such person is
an agent or employee of the City acting within the course
and scope of his employment, or has been awarded a
franchise by tl'ie City to act as solid waste collector. The
City shall notify any person or entity violating this section
tliat the prompt and permanent removal of any collection
bin, box or container fromthe place or premises is required.
The City's solid waste collector may take legal action to
protect the exclusive rights granted to the solid uiaste
collector in the franchise agreement. The following
situations are exempt from this section:
1. The transporting of garbage or non-organic
recyclabl.es and organic waste by the property owner, that
liave been generated on tlie property by the owner of the
property or by an individual or entity 'leasing or renting the
property from the property owner.
2. Collection of non-organic recyclable materials or
organic material which have been source separated from
otlier solid waste by the generator and which the generator
sells or donates to any other person or organization, or any
organic or non-organic recyclable materials which have a
value equal to or more than the cost of collection.
3. Removal of construction, remodeling or
demolition debris as part of a total service offered by the
contraetor, where the removal is performed by an employee
of the contractor using only equipment owned by the
contractor.
4. Removal of green waste or plant trinunings by a
gardening, landscaping, or tree trimming contractor as an
incidental part of a total service offered by that contractor.
.5. Collection of grease wastes from grease bins,
grease traps or grease interceptors.
6. Collection of horse manure from residences or
non-residential properties.
7. Collection of hazardous materials.
8. Collection of non-hazardous material that is
greater than fifty percent (50%) liquid (including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, FS, I
(part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, S) I (part),
2010; Ord. 1572, 8) l (part), 1991)
2021 S-84
6.24210 Cupertino - Franchises 16L
6.24.2,10 Interfering with Solid Waste Collection
Service.
No person shall, in any manner, interfere with the
performance of solid waste collection services being
rendered by an agent or employee of the City acting wi.thin
the course and scope of his employment, or being rendered
by the authorized solid waste collector. (Ord. 15-2130, 8, 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, S, l
(part), 1991)
6.24.220 Unauthorized Use of Solid Waste Collection
Service.
No person sliall deposit, place or accumulate, or allow
the deposit, placement or accumulation upon a premises for
pick up by the solid waste collector, any solid waste
produced from another premises where sucli action results
in the avoidance or reduction of any solid waste collection
service charges that would otherwise be payable for
collection of such solid waste from the premises at which it
was produced. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069,
§ 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.230 Rules and Regulations Adopted.
A. The Director shall adopt such rules and
regulations as may be riecessary for the proper
astration and enforcement of this chapter, and any
franchise, contractorlicenseissuedorexecutedthereunder,
including regulations relating to the required frequency of
collection from various types of places and premises, axtd
the types of special containers required for certain classes of
places and premises.
B. The Director shall resolve Thl disputes concerning
the administration of this chapter and any franchise,
contract, or license issued or executed Lhere under. Any
affected person who is dissatisfied witl'i the determination of
the Director may, within ten days after such decision appeal
the same to the City Council. Such appeal must be in
writing, filed with the City Clerk, and must set forth the
reasons for such appeal.
C. Disputes concerning the enforcement of this
chapter by an administrative citation issued pursuant to
Chapter 1.10 shall be resolved by means of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continried, during the time
aiiy sucli appeal is pending. (Ord. 15-2i30, 8, I (part),
2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, F3 1 (part),
1991)
6.24.240 Violation-Penalty.
The City may address violatioris of this chapter by
issuing administrative citations, fines, and penalties as set
forth in Chapter l. 10 of this code. Alternatively, the City
may prosecute any violation of this chapter as a
misdemeanor, punishable as providedinChapter 1. 12ofthis
Code. (Ord. 21-2231, e, 1, 2021; Ord. 15-2130, § I (part),
2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, t5 1 (part),
1991)
2021 S-84
9.16.010
CHAPTER 9.16: SOLm WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9. 16.010
9.16.020
9.16.030
9.16.040
9.16.045
9.16.050
9.16.060
Purpose.
Definitions.
Applicability of regulations.
Site deyelopment regulaticps.
Solid waste, non-organic recycling and
organic recycling enclosures
Maintenance and eolleetion.
Violation-Penalty.
9.16.010 Purpose,
A. TheCityisrequiredtocomplywiththeapplicable
provisions of the California Integrated Waste Management
Act (AB939 or "Act"), as amended, which is codified in the
California Public Resource Code beginning at section
40000. The Act requires that by and after January 1, 2000,
fifty percent (50%) of the solid waste generated must be
divertedthrough source reduction, recycling and composting
activities. In 2014, the Act was amended by Assembly Bill
1826 which requires that by April 1, 2016 a business that
generates eight (8) cubic yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by January 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recycling services specificallyfor organic waste;
by January 1, 2019, a business that generates four (4) cubic
yards or more of commercial solid waste per week, must
arrange for recycling services specifically for organic waste;
by January 1, 2020, if the State determines that statewide
disposal of organic waste has not been reduced to fifty
percent (50%) of the level of disposal during 2014, a
business that generates two cubic yards or more per week of
commercial solid waste must arrange for the organic waste
recycling, unless the State determines that this requirement
will not result in significant additional reductions of organics
disposal.
B. The lack of adequate areas for collecting and
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need for the
City to address access to solid waste for source reduction,
recycling and composting activities. The State Legislature,
inn passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all loeal agencies
to adopt an ordinance relating to adequate areas for
colleeting and loadiiig recyclable materials in development
projects. The City has adopted the State's rnodel ordinance
to fit local conditions, in a manner that complies with AB
1327.
C. Assembly Bill 1826 authorizes tlie City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
space in multifamily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-2130,
(i2 (part), 2015; Ord. 2085, S, 2 (part), 2011; Ord. 1671,
(part), 1994)
9.16.020 Definitions.
The words and phrases used ii'i this chapter have the
same meaning as set forth in Section 6.24.020 of this Code
unless defined in this section. In which case, as used in this
chapter:
A. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
B. "Development project" mearis any of the
following:
1. A project for whicli a building permit is required
for a commercial, industrial, institutional or qriasi-public
building, or residential building having five or more living
units, where solid waste is collected and loaded.
2. Any residential project where solid uiaste is
collected and loaded in a location serving five or more living
units.
3. Any new public facility where solid waste is
collected and loaded, includiixg aiiy improvements to me
areas of a public facility which are used for collecting and
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, withiii sueh subdivisions or tracts there
is an area where solid waste is collected and loaded in a
location which serves five or more living units. In sueh
instances, recycling areas as specified in this ehapter are
only required to sersie tlie needs of the living units which
utilize the solid waste collection and loading area.
2015 S-49 34B-1
9.16.020 Cupertino - HeaIth and Sanitation 34B-2
C. "Improvement" means a site or building change
which adds to the value of a facility, prolongs its useful life,
or adapts it to new uses, including but not limited to a
building permit, development perniit, or use permit.
D. "Director" means the Director of Public Works
and his/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constituting the premises to which
solid waste colleetion service is provided.
F. "Projeer. applicant" means any person, firm, or
governmental agency who executes the necessary forms to
procure official approval of a projeet, land use modification,
@y B permjt tO Carry riilt constniction of a project.
G. "Publie facUity" means, but is not limited to,
buildings, structures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting andloading of recyclabl.e materials including solid
waste. Such areas shall have the ability to accommodate
receptacles for non-organic and organic recyclable
materials, solid waste and grease or cooking oil. Recycling
areas shall be accessible and corxvenient for those who
deposit as well as those who collect arid load the recyclable
materials and solid waste placed in the receptacles.
Recycling area is also referred to as solid waste,
non-organic recycling and organic recycling enclosures in
tliis Chapter.
I. "Trioset(s)"meansasetofpermatientlyinstalled
(anchored to the ground) outdoor receptacles consisting of
kee separate eontainers one each for solid waste,
non-organic recyclables and organic waste, each labeled to
indicate the material type contained merein, and installed
together in a visible collection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or Liquid wastes (collectively
"wet waste") which, if left out ii't the open as opposed to in
a secured container, could create a publie nuisance as well
as a stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
15 -2130, § 2 (part), 2015; Ord. 2085, 8, 2 (part), 2011 ; Ord.
16 71, (part), 1994)
9.I6.030 AppLicaMlity of Regulations.
A. The site development regulations prescribed in
Section 9. 16.040 of this code shall apply to all businesses,
business struclures and project sites which are subject to
City review and approval for improvements, chaixges or
modifications.
B. TheCitymayexemptbusinessstructures,owners
and/or project applicants from the obligation to comply with
some or all of the requirements of this chapter md Chapter
6.24 of this code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, § 1,
2021; Ord. 15-2130, Fj2 (part), 2015; Ord. 2085, 8) 2 (part),
2011; Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
All projeets as provided for in Section 9. 16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated orgaruc
materials, solid waste, including grease and cooking oil.
Covered recycling areas built to enclose solid waste,
recycling and organics containers, and grease tallow bins are
considered accessory structures and are thus subject to the
provisions of Chapter 19.100.
A. Recycling areas shall not be located in any area
required to be const.ructed or maintained as unencumbered,
according to any applicable federal, state or local laws
relating to fire, aceess, building, traiisportation, circulation
or safety.
B. The development of new or modified recycling
areas shall generally comply with the City's Public Works
Guidelines for "Non-Residential Building Trash &
Recycling Enclosures or Guidelines for Multi-Family
Dwelling (5 or n'iore units) Trasli and Recycling
Enclosures."
C. Any costs associated witli adding garbage and
reeycling enclosure storage space to existing development
projects shall be tlie responsibility of the project applicant or
owner.
D. Recycling areas for existing multiple tenant
development projects shall, at a mininium, be sufficient in
capacity, number, and distribution to serve that portion of
the development project leased by the tenant who submitted
an application resulting in the requirement of a recycling
area under Section 9. 16.030.
E. Outdoor Public Recycling, Organics and Garbage
Containers:
1. Trio set(s) must be installed by the pro3ect
applicant or property owner at all new, improved or
modified business struchires. An alternative set of bins that
provide equal containrnent of public litter may be allowed if
deemed appropriate by the Director. If the Director
determines that the potential inxpact from litter in the vicinity
of the business is negligible, this requirement may Lie
waived.
1,
2021 S-84
37 Protected Trees 14.18.130
B. Where approval of a tree removal permit that is
subject to the notice and posting requirements of this section
is granted by the City, the property owner shall retain tlie
posted notice on site until the tree is removed.
C. Specimen trees with single trunk under
twenty-four inches DBH or multi-trunk under forty-eight
inches DBH, and trees listed under exemptions in Section
14. 18. 150 do not require notice or posting. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2107, 8, 2 (part), 2013; Ord. 2085,
8, 2 (part), 2011; Ord. 2003, 2007)
14.18.140 Tree Management Plan.
A tree management plan ma,y be appi'oved for a
property that includes criteria for the removal of certain
trees in the fumre by anticipating tlie eventual growth of
trees on the property and specifying a time frai'ne in which
the trees may require removal to prevent overcrowding of
trees. Additional criteria may be considered for tlie phased
removal of trees, including, but not liinited to: site
maintenance, accessibility improvetnents, natural Tree
lifespan, and landscape/site improvements that are
determined to be appropriate by the Community
Development Direetor.
A. Applieation. An application for a iree
management plan shall contain the followiiig:
1. A tree plan indicating all existing trees to be
retained and all new trees to be planted that are part of the
approyed landseape plan;
2. Labeling of the species, size in DBH at planting
time or at time of tree management plan approval, location
and eventual growth size of each tree on the plan;
3. A written explanation of the specific tree(s) to be
removed, including tlie eventual growth size in DBH at
which time the tree is to be removed, and a time f'rarne in
wliich the tree(s) will reach the eventual growth size;
4. Tree survey plan indicating the number,
location(s), variety and size (measured four and a half Feet
above grade) of tree(s) to be removed;
5. A strategic replacement planting plan to mariage
growth during tree growth pkiases;
6. An arborist report from an arborist certified by
the International Society of Arboriculture for all n'iatnre
specimen trees; and
7. Notice and posting to residence, Section
14. 18. 130.
B. Approval authority. An application for a tree
management plan in conjunction with a development
application shall be considered by the approval authority
concerning the same property as the affected tree
management plan application, and the determination on the
tree management plan shall be made concurrently by the
approval authority. In the instance where a development
applicant is not required per Table 19. 12.030, the D'u'eetor
of Community Development shall review and approve the
tree management plan.
C. Recordation. The property owner shall have
retention information placed on the property in accordance
with Section 14.18.100, referring the approved iree
management plan, upon approval.
D. Permits. Trees that are listed to be removed in the
tree management plan may be removed within the specified
time frame per the tree management plan without a tree
removal permit, except for trees designated as heritage
trees. (Ord. 14-2126, S, 3 (part), 2014; Ord. 13-2107, F:3 2
(part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007)
14.18.150 Exemptions.
A. A tree removal pernfft is not required iri the
following situations:
1. Non-mature specimen tree(s) with singleirunk
less than twelve inches DBH or multi-trunk less thai'i
twenty-four inches DBH.
2. Thinning out/removing of trees in accordance
with a recorded tree management plan that lias b'een
approved in accordance with Section 14. 18. 140.
3. Public utility actions, under the jurisdiction of the
Public Utilities Cominission of the State of Califoryiia, as
may be necessary to comply with their safety regulations, or
to maintain the safe operation of tl'ieir facilities.
B. Thefollowingcircumstancesvvarranttheremoval
of trees prior to securing a permit from the City; however
a tree removal permit application, with no application fees
or noticing required, must be filed within five working days
as described in Sections 14. 18. 170. Tree replacements may
be required in conjunction with approval of this tree removal
permit (Section 14. 18. 160):
1. Removal of a protected tree in case of emergency
caused by the hazardous or dangerous condition of a tree,
requiring inunediate action for the safety of life or property,
including but not lin'ffted to, (e. g., a tree about to fall. onto
a principle dwelling due to heavy wiixd velocities, a tree
deemed unsafe, or a tree haviiig the potential to in.unediately
damage existing or proposed essential structures), but only
upon order of the Director of Con'ununity Developmerit, or
any member of the sheriff or fire departinent. However, a
subsequent application for tree removal n'iust be filed within
five working days as described in Seetions 14.18.110
tlirougli 14.l8.l20. The Director of Community
2014 S-46
14.18.150 Cupertino - Streets, Sidewalks and Landscaping 38
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this situati.on.
2. Dead trees, as determined by the Director of
Community Development prior to removal. However, a
subsequent application for a tree removal must be filed
within five worJcing days as described in Section 14.18.110
through 14.18.120. The Director of Community
Development will approve the retroactive tree removal
permit application and mast require tree replacements in
c.onjunetion with the approval. No application fee or other
approval process shall be required in this situation. (Ord.
14-2126, F§ 3 (part), 2014; Ord. 13-2107, S, 2 (part), 2013;
Ord. 2085, 'g 2 (part), 2011; Ord. 2003, 2007; Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 7.1, 1991)
14.18.160 Tree Replacement.
A. Tree replacement:
1. The approval authority may impose tlie following
replacement standards for approval of each tree to be
removed in conjunction witli an approved tree removal
permit, unless deemed otherwise by the appro'val authority.
Table 14.18.160A may be used as a basis for this
requirement.
Table 14. [8. 160A - Replacement Tree Guidelines
1. The approyal authority shall work with the
applicant/property owner of the tree removal permit to
determine the location of the replacement tree(s).
B. In lieu fees. The folIowing provisions apply to all
zones unless otherwise noted below:
1. ffareplacementtreecannotreasonablybeplanted
on the subject property as determined by a certified arborist,
an in-lieu fee shall be paid by the person requesting the tree
removal permit. Fees shall be paid to the City's Tree Fund
to:
a. Add or replace trees on public property in the
vicinity of the subject property; or
b. Add trees or landscaping on other City property.
2. The in-lieu fee for a mature specimen tree with
trunk size. equal to or less than thirty-six inches, shall be
based upon the purchase and installation cost of the
replacement tree as determined by the Director of
Cornrnunity Development.
3. The in-lieu tree replacement fee for a heritage
tree or tree with a tiunk size greater than thirty-six incl'ies,
shall be based upon the valuation of the removed tree by
using the most recent edition of the ISA Guide for Plant
Appraisal published by tl'ie Council of Tree and Landscape
Appraisers.
4. If the subject property is within the Rl, At, A,
RHS, and R2 zones, the person requesting the tree removal
permit has the option to pay the fee in-lieu of planting a
replacement tree. Where tbe applicant would like to plant a
replaeement tree, but demonstrates it is physically infeasible
to plant on the subject property, the in-lieu fee shall be
based on the purchase and installation cost of the
replacement tree as determined by the Director of
Community Development. In cases where it is physically
feasible to plant, but the applicant chooses to pay the in-lieu
fee instead of planting a replacement tree on the subject
property, payment shall be equivalent to one and one-half
the calculated in-lieu tree replacement fee. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2017, § 2 (partl 2013; Ord. 2085,
§ 2. (part), 2011)
Diameter of Trunk Size of
Removed Tree (Measured
4'A feet above grade)
Repiacemey'tt Trees
Up to 12 inches"'One 24" box tree
Over 12 inches and up to 18
inches
Two 24" box trees or
One 36" box tree
Over 18 inches and up to 36
inches
Over 36 inches One 36" box tree
Heritage tree One 48 " box tree
* Does not apply to Rl, Al, A, RHS, and R2 zones
except required privacy plantings trees in R]_ zones
14.18.170 Retroactive Tree Removal Permit.
An application for a retroactive tree removal shall be
required for any protected tree removal prior to approval of
a tree removal permit. The application shall be filed witl'i the
Development of Comn'iunity Development on forms
prescribed by the Director of Community Development and
shall be subject to the requirements of a tree removal
permit. The applicant shall pay a retroactive tree removal
permit fee as determined by the Director of Community
Development. (Ord. 14-2126, § 3 (part), 2014; Ord.
13-2107, e, 2 (part), 2013; Ord. 2085, 8, 2 (part), 2011; Ord.
2003, 2007)
I
2021 S-84 Repl.
19,56.010
CHAPTER 19.56: DENSITY BONUS
Section
19.56.010
19.56.020
19.56.030
i9,56.040
19.56.050
19.56.060
19.56.070
19.56.080
Purpose.
Eligibility for density bomis.
Density bonus.
Tn(.entives or concessions. waivers
and reduction of parking standards.
General requirements.
Application requirements.
Findings.
Interpretation.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is
intended to comply with the State Density Bonus Law,
Government Code Section 65915, uihich provides that a
local agency shall adopt an ordinance specifying liow tl'ie
agency will comply with that section. (Ord. 16-2149, 8, 8,
2016)
L9.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net increase
of at least five units (excluding density bonus units) are
eligible for a density bonus as proyided inthis chapter, when
the applicant for tl'ie housing development agrees or
proposes at least one of the following and n'ieets the
requirements of Section 19.56.020C, if applicable:
1. Construet:
a. Ten pereent of the total units affordable to lower
income households at affordable rent or affordable housing
cost; or
b. Fiye pereent of the total units affordable to very
low income households at affordable rent or affordable
liousing cost; or
c. Ten percent of the total units proposed in a
common interest development for sale to moderate income
households, provided that all units in tlie developn'ient are
offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section
19.56.030C;
3. Provide affordable housing in a condon'iinium
conversion project in accordance with Section 19.56.030E.
B. In addition to n'ieetiiig the requirements of
19.56.020A, a housing developn'ient whicli inc1udes a ehild
care facility in accordance with Section 19.56.030D, is
entitled to an additional density bonus;
C. Housing developments on sites occupied by rental
housing in the five-year period preceding the date of
submittal of a density bonus application must either meet or
provide:
(1) Affordable units in accordance with Section
19.56.020A; or
(2) Replacement affordable units in accordance witb
Government Code Section 65915(c)(3)(B), whichever
requires a greater number of affordable units.
D. An applicant may also subn'iit a proposal For
specific inceriti.ves or concessions to be granterl in
conjunction with the density bonus, as provided in Section
19.56.040;
E. The granting of a density bonus, incentive or
concession, in and of itself, shall not require a general p'lan
amendment, zone change, or other discretionary approval
and shall be reviewed concurrently with the review of the
liousing development. (Ord. 16-2149, 8, 8, 2.016)
19.56.030 Density Bonus.
A. Housing developments that meet the criteria in
Section 19.56.020A(1) and Section 19.56.020C, if
applicable, are eligible for a maximum density bonus as set
forth in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
lIncome Level
i of unit
Proportion of
Total Affordable
Dwelling Units
I "
Very Low
: Income
I
5%20%
6 % - 11 % o'22.5%-35%
12% - 14% (2'38.75% - 46.25%
15 % or more 50%
2021 S-84 (05
19.56.030 Cupertino - Zoning 106
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maximum
Density Bonus
Low Income 10%20 %
L 1 % - 20 % (3)21.5% - 35%
21%-23%"' 38.75%-46.25%
24% or more 50 %
Moderate Income
(Ct)rfflrlOil intereSt
developments)
10%
11%-40%(9
5%
6 % - 35 %
41% - 43% ("' 38.75% - 46.25%
44% or above 50%
Affordable
Housing
Development
100% ("80% or as
specified in
Government
Code Section
65915
(" For each 1 % increase over 5 % of the target units,
the density bonus shall be increased by 2.5%, up to a
maximum of 35 %.
(" For each I % increase over 11 % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(3) For each 1 % increase over 10 % of the target units,
the density bonus shall be increased by 1.5%, up to a
maximum of 35 %.
(4) For each 1 % increase over 20 % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(5) For each 1 % increase over 10% of the target units,
the density bonus shall be increased by 1 %, up to a
maximum of 35 %.
(6' For each 1 % increase over 40 % of tlie target uriits,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(" Must meet the requirements of Government Code
Section 65915(b)(1)(G) or successor provision.
B. Senior housing developments are entitled to a
maximum density bonus of 20 percent provided the
development comprises of at least 35 units, conforms to
Civil Code Section 51.3 and the units are reserved for
qualifying residents. The development does not have to
provide affordable units unless subject to ,Section
19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to
a housing developer approved by the City in accordance
uiith the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development
shall be entitled to a 15 percent density bonus. The
development is entitled to an additional one percent density
bonus for the donation of land that would allow the
development of an additional one percent of affordable units
above the minimum requirements in Sectionl9. 56. 020A(1),
up to a maximum of 35 percent.
2. The donation of land must meet the following
reauirements:
a. The land shall be donated and traiisferred no later
than the date of approval of the housing development, final
subdivision map, parcel map, or building permit, whicl'iever
occurs first.
b. The developabIe acreage and zoning classification
of the lai'id being transferred are sufficient to pennit
coxistruction of units affordable to very low income
houselioMs in an amount not less than ten percent of tlie
niimber of residential units of the proposed development.
c, The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40 units,
has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
for development at the density described in Government
Code Section 65583.2(c%3), and is or will be served at the
time of construction, by adequate public facilities and
infrastructure.
d. The transferred land shall have all of the pern'ffts
and approyals, other than building permits, necessary for the
development of the very Iow income housing units on the
transferred land no later than the date of approval of the
final subdivision rnap, parcel map, or building permit,
wlffchever occurs first, except that the City may subject the
proposed deyelopment to subsequent design review to the
extent authorized by Government Code Section 65583.2(i)
if the design is not re'viewed by the City prior to the tinie of
transfer.
e. The laxxd shall be transferred to the City or to a
liousing developer approsred by the City. The City may
require the applicant to identify and transfer the land to the
developer.
f. The transferred land shall be within the boundar>i
of the proposed development or, if the City agrees, within
one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low
income units shall be identified not later than the date of
approval of the proposed housing development.
2021 S-84
107 Density Bonus 19.56,030
h. The transferred land and the affordable uriits shall
be subject to a deed restriction ensuring continued
affordability of the units consistent with Section
19.56.050A, such deed restriction shall be recorded at the
time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed tliat
contains affordable housing, as provided in Section
19.56.030A and Section 19.56.030C, and includes a child
day care facility that will be located on the premises of, as
part of, or adjacent to, the project, the City shall grant either
of the following if requested by the developer:
3, An arlditional denSity bonus in residential square
footage that is equal to or greater than the square footage of
the child day care facility.
b. An additional concession or iiicentive tliai
contributes significantly to the economic feasibility of the
construction of the child day care facility in accordaiice with
Section 19.56.040.
2. The City shall also require that as a condition of
approving the housing development:
a. The child day care facility sliall remaiii in
operation for a period of time that is as long as or longer
than the period of time during whicli the affordable units are
required to remain affordable.
b. Of the children who attend the child day care
facility, the children of very low income houseliolds, lower
income households, or families of moderate iixcome shall
equal a percentage that is equal to or greater tlian the
percentage of dwelling units that are required for very ].0w
income households, lower income households, or fainilies of
moderate income.
3. Notwitlistanding any requirement of Section
19.56.030D, the City shall not be required to provide a
density bonus or concession for a child day care facility if
the City finds, based upon substantial evidence, that the City
has adequate child day care facilities.
E. Condon'iinium Comiersions
1. Whenanapplicantforapprovalofacondorninium
com'ersion agrees to provide at least 33 percent of the total
units of the proposed condoxninium project to low or
moderate income households, or 15 percent of the total units
of the proposed condominium project to lower income
households; to include the affordable units required by
Section 19.56.020C, if applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by the
City, the City shall either:
a. Grant a density bonus of 25 percent over the
number of apartments to be provided within the existirig
structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reduction or waiver of requirements that the City
nnght otherwise apply as conditions of conversion approval.
2. The City may place such reasonable conditions on
the granting of a density bonus or other incentives of
equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to
a deed restriction ensuring continued affordability to lower
or moderate income households consistent with Section
19.56.050A.
3. An application shall be ineligible for a density
bonus or other incentives under this section, if the
apartn"ients proposed for conversion constitute a housing
development for which a density bonus or other inceutiyes
were previously provided under Government Code Section
65915 or this Cliapter.
4. Nothing in this section shall be construed to
require the City to approve a proposal for a condorninium
conversion. Condorninium conversions are subject to the
requirements of Chapter 19.116.
F. Density Boruis Calculations:
1. A density bonus may be selected from only one
categorylistedinSection 19.56.020A(1), exceptthatdensity
bonuses for land donation may be combined with others, up
to a combined maximum of 50 percent, and an additional
square-foot bonus may be granted for a child day care
facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units
to be granted, any fractions of density bonus units shall be
rounded up to tlie next whole number.
3. Density borius units authorized by this section
shall not be included when deterng the number of
affordable units required to qualify for the density bonus. In
deterrnining the number of affordable units required to
qualify for a density bonus, any fractions of affordable units
sliall be rounded up to the next whole ruu-i'iber.
4. An applicant may request a lower density bonus
than the housing development is entitled to, but no reduction
will be permitted in the percentage of required affordable
units as shown iii Section 19.56.020 or Section 19.56.020C.
5. Regardless of the percentage of affordable units,
no housing development will be entitled to a density bonus
of more than provided in Government Code Section 65915,
unless approved by the City pursuant to Section
19.56.030F(6).
6. Tlie City, at its discretion, rnay graixt a density
bonus higher thaix the maximum set forth in Table 19.56.030
or in paragraph (5) above to a housing development where
all units (except n'iariager's unit(s)) are affordable to lower
income households.
2021 S-84
19.56.030 Cupertino - Zoning 108
7. For purposes of calculating a density bonus, the
residential units do not have to be based upon individual
subdiyision maps or parcels. The bonus units shall be
permitted in geogr:aphic areas of the housing development
other than the areas where the affordable units are located.
(Ord. 21-2230, § 3, 2021; Ord. 21-2226, % 3. 1, 3.2, 202I;
Ord. 16-2149, 8, 8, 2016)
19.56.040 Incentives or Concessions. Waivers and
Reduction of Parking Standards.
A. Incentives or Concessions
1. A housing development is eligible for incentives
concessions must be selected from only one category (very
low. low. or moderatei No incentives or concessions are
available for land donation or For a senior citizen housing
development that is not affordable. Condorninium
conversions and day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not
both
Table 19.56.040A: Inceritives or Concessions
Calculations:
2. For purposes of this chapter, permissible
incentives or concessions include, but are not limited to:
a. A reduction of development standards or a
modification of zoning code requirements or architectural
design requirements that exceed the rninirnum building
standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety
Code, including but not limited to, a reduction in setback
requirements, square footage or parking requirements, such
that the reduction or modification results in identifiable,
financially sufficient, and actual cost reductions.
b. Approvalofrnixed-usezoningincor4junctionwith
the housing development if cornrnercial, office, industrial or
other land uses will reduce the cost of the housing
development, and if tlie commercial, office, industrial or
other landuses are compatible with the housing development
and the existing or planned development in the area where
the proposed housing development will be located;
c. Other regulatory incentives or concessions
proposed by tlie developer or the City, which result in
identifiable, financially sufficient, and actual cost
reductions.
3, Nothing in this section requires the provision of
direct financial incentives for the housing development,
including but not linnted to the provision of financial
subsidies, publiely owned land by the City or the waiver of
fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct fuyancial
incentives;
4. Ahousingdevelopmentwhichrequestsincentives
or concessions must demonstrate, in compliance with
Section 19.56.060B, that the requested incentives or
concessions are required to grovide for affordable rents or
affordabIe housing costs, as applicable.
Unit Type Percent of
Affordable
Units
Number of
Incentives/
Concessions
Very Low
Income Units
5 % or greater 1
10% or greater 2
15 % or greater 3
Low Income
Units
10% or greater 1
' 17% or greater 2
24% or g'reater 3
Moderate
Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Affordable
Housing
Development
100%*4
* Must meet the requirements of Government Code Section
65915(b)(1)(G) or successor provision.
2021 S-84
108A Density Bonus 19.56.040
B. Waivers:
1. An applicant may submit to the City a proposal
for the waiver or reduction of development standards that
will have the effect of physically preeluding (he construction
of a housing development meeting the criteria outlined in
Section 19.56.020 at the densities or with the concessions or
incentives permitted rinder this chapter.
2. A proposal for the waiver or reduction of
development standards shall neither reduce nor increase the
number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A.
3. The applicant shall demonstrate that the
development standards that are requested to be wiaived will
have ihe effect of physically precluding the construetion of
the development with the density bonuses and incentives or
concessions.
C. Reduction of Parking.Standards:
L. If a housing development is eligible for density
bonus as provided in Section 19.56.020, upon request of the
applicant, the maximum off-street parking standards that can
be applied to the housing portion of the development,
inelusive of handicapped and guest parking are indicated iii
Table 19.56.040B. These may include tandem and
uncovered parking spaces but not on-street parking spaces.
Table :L9.56.040B: Off-street parking standards for
pro,jects eligible for a density bonus:
Number of
bedrooms
Maximum number of required
off-street parking spaces
O-1 One (1)
2-3 Two (2)
4+Two and one-half (2.5)
2. For certain other housiixg developments that are
eligible for a density bonus as provided in Section
19.56.020, upon request of the applicaixt, the maximum
off-street parking standards that can be applied for tlie
housing portion of the development, inclusive of
handicapped and guest parking, are indicated in Table
19.56.040C, These may include tandem and uncovered
parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housiiig develripments:
Type of development Maxitnum number of required
off-street parking spaces
1. Rental or ownership housing development wi.t_h:
a. At least 11 % very low incon'ie or 20% low income units; and
b. Within one-half mile of a Major Transit Stop; arid
c. Unobstructed Access to the Major Transit Stop.
I
0. 5 per bedroom
2. Rental housing development wi$_h:
a. All units affordable to lower income houseliolds exc.ept
manager's unit(s); and
b. Within one-half nule of a Major Transit.Stop; axxd
c. Unobstructed Access to the Major Transit Stop.
0, 5 per unit
3. Rental housing developmerit witli:
a_. All units affordable to lower in_come bouseliolds except
manager's unit(s); and
b. A senior citizen liousing development; and either
c. Has pa_ratransit service; or
d. Is within oxie-half mile of fixed bus route service rjiat operates 8
times per day, with Unobstrueted Access to tl'iat service.
0. 5 per unit
4. Rental housing developmerit with:
a. All units affordable to lower income households except
manager's uifft(s); and
b. A Special Needs Housing development; and eill'ier
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service that operates 8
times per day, with Unobstructed Aeeess to that service.
0.3 per unit
2016 S-58
19.56.040 Cupertino - Zoning 108B
3. If the Ciiy, at its eost, has conducted m area-wide
or City-wide parking study in the last seven years, then the
City may find, based on substantial evidence, that a higher
parking ratio is required than shown in Table 19.56.040C.
In no event, may the required parking be greater than the
ratio shown in Table 19.56.040B. The parking study must
conform to the requirements of Government Code Section
65915(p%7). (Ord. 21-2230, § 3, 2ml; Ord. 16-2149, § 8,
2016)
19.56.050 General Requirements.
A. Affordable rental low and very low income units
must remain affnrdable to !ow or very low income
households, as applicable, for fifty-five (55) years or for a
longer period of time if required by a construction or
mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to
moderate-income households for the duration required by
Chapter 19.172, Below Market Rate Housing Program and
implementing procedures and policies adopted by the City
Council, or for a longer period of time if required by a
construction or mortgage financing assistance program,
mortgage insurance program, or subsidy program. Sales
price for for-sale affordable very low, low, and moderate
income units shall be set at affordable housing cost. Rents
for affordable low and very low income rental units shall be
set at an affordable level.
B. The affordable dwelling units and land dedication
that qualify a housing development for a density bonus may
also be used to meet the below-market-rate housing
provisions of the City's Residential Housing Mitigation
Prograin, provided that the affordable units and land
dedication comply with the requirements of both Chapter
19.56, Density Bonus, Chapter 19. 172, Below Market Rate
Housing Program; and implementing procedures and
policies adopted by the City Couneil regarding the required
number of affordable units, required level of affordability,
and term of affordability so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other funding
sources, to the extent consistent with fair housing laws,
preferences for the affordable units svill be given as
specified in Cliapter 19. 172, Below '!VIarket Rate Housing
Program, aiidiinplementingprocedures andpolicies adopted
by the City Council.
D. An agreement shall be entered into between the
developer and the City to ensure compliance with the
provisions of this chapter and state law and shall include,
without limitation the household type, number, location,
size, affordability, and construction scheduling of all
affordable units, and such information as shall be required
by the City for the purpose of determining the de'veloper's
compliance with this chapter. For rental affordable very low
and low income units, the agreement shall additionally
contain, without limitation, provisions for certification of
tenant incomes, reporting ai'id monitoring of affordable
units, and management and maintenance of affordable units.
E. The agreement shall be recorded against the
housing development prior to final or parcel map approval,
or, prior to issuance of any buuding permits, whichever
occurs first, and shall be binding on all future owners and
successors m interest.
F. Affordable units in a project and phases of a
project shall be constructed concurrently with or prior to the
construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordableunitsshallbedispersedtlu'oughoutthe
project;
1. Affordable units shall be identical with the design
of any market rate rental units in the project with the
exception that a reduction of interior amenities for
affordable units will be permitted upon prior approval by the
City Council as necessary to retain project affordability.
H. Prior to the rental or sale of any affordable unit,
the City or its designee, shall verify the eligibility of the
prospective tenant or buyer. All affordable uiuts shall be
occupied by the household type tliat qualified the housing
development for the density bonus and incentiyes or
concessions.
I. The City may establish fees for processiiig
applications under this chapter and recovery of costs
associated with the establishment and monitoring of
affordable units. (Ord. 16-2149, F3 8, 2016)
19.56.060 Application Requirements.
A. An applicant may subnut a preliminary proposal
for housing development for a density l+onus and incentives
or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter sliall be
subn'ntted to the City concurrently with the application for
the first discretionary permit or other permit required for the
housing development and shall be processed concurrently
with the discretionary application following tl'ie review
process as set forth for permits in Chapter 19.I2,
Administration, of the Cupertino Municipal Code
established by the City. The applicant shall provide
additional information as specified in this chapter,
specifically:
1. A summary table sliowing the maximum number
of units permitted by the zoning and general plan excluding
any density bonus units, proposed affordable units by
2021 S-84
108C Density Bonus 19.56.060
income level, proposed bonus percentage, proposed number
of density bonus units, and total number of proposed
dwelling units on site;
2. A site plan, drawn to scale, showing the number
and location of all proposed units, designating tlie loeation
of proposed affordable units and density bonus iuiits and the
type, size, and construction scheduling of affordable and
market-rate units;
3. For a housing development that replaces rental
housing on a site within the five-year period preceding the
date of an application:
a. A description and documentation of all dwelling
units existing On the site in the five-year period preceding
the date of submittal of the application and identification of
any units rented in the five-year period. If dwelling units ori
the site are rented as of the date of application, income and
household size of all residents of the occupied units. If any
dwelling units on the site were rented in the five-year perioii
but are not currently rented, the income and household size,
if known, of residents occupying dwelling units wl"ien tb.e
site contained the maximum number of dwelling units; aiid
b, Documentation of recorded covenant, ordii'iance,
or law applicable to the site that restricted rents to levels
affordalile to very low or lower income households in the
five-year period preceding the date of subn'iittal of i-lie
application.
4. If a density bonus is requested for a )and
donation, the loeation of the land to be ded.icated, proof of
site control, and evidence that each of the requirements
included in.Section 19.56.030C can be met.
5. If a density bonus or incentive or concessiori is
requested for a child care facility, evidence that all of the
requirements in Section 19.56.030D can be met.
6. If a density bonus or iiicentive or concession is
requested for a condominium conversion, evidence that all
of the requirements in Section 19.56.030E can be met.
7. A written statement speci§ing the various
incentives or concessions, tsiaivers arid reduction iit
off-street parking standards requested;
8. To ensure that each incentive or coneessiori
contributes significantly to the economic feasibility of ihe
proposed affordable housing, for arxy incentive(s) or
concession(s) requested, the following shall be submitted:
a. A project financial report (whi.ch may be iix tbe
form of a pro forma) demonstrating that the requested
incentiye(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions to the
housing development and tliat they are required to provide
for affordable rents or affordable housing costs, as
applicable. The financial report shall include the capital
costs, operatuxg expenses, return on uwestment,
loan-to-value ratio and the debt coverage ratio including the
contribution(s) provided by any applicable subsidy
program(s);
b. An appraisal report indicating the value of the
density bonus and of the incentive(s) or concession(s); and
c. A use of funds statement identifying the financial
gaps for the housing development with the affordable
housing units. The analysis shall show how the funding gap
relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City
expects to incur in retaining consultant(s) and ' in
administering consultant contract(s) to provide apeer review
of the above information. However, if the applicant is a
federally recognized nonprofit organization proposing a
housing development where all units (except manager's
unit(s)) are affordable to lower income households, the cost
of consultant(s) may be paid by the City upon prior approval
of the City Council;
9. For any requested waiver of a development
standard, plans showing the existing development standard,
the requested waiver and a demonstration that the
development standard for which the waiver is requested will
have the effect of physically precluding the construction of
the housing development with the density bonus and
incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as
an incentive or concession, evidence that non-residential
land uses will reduce the cost of the housing development
and thatthe non-residential landuses are compatible with the
development and the existing or planned development in the
area.
11. If a parking reduction is proposed, a table
showingparking otherwise required by the zoning ordinance
and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing
development is eligible for the requested parking reduction.
12. Any other information requested by the Director
of Community Development to determine if the required
findings can be made. (Ord. 16-2149, !§ 8, 2016)
19.56.070 Findings,
A. Before approving m application that includes a
request for a density bonus, incentive or concession, waiver
or reduction in parking standards, pursuant to this chapter,
the decision-making body shall determine that the proposal
is consistent with State Law by making the following
findings, as applicable:
1. That the housing development is eligible for the
density bonus requested and any incentives or concessions
waivers or reductions in parking standards requested.
2016 S-58
19.56.070 Cupertino - Zoning 108D
2. That all the requirements incIluded in Section
19.56.030C have beenmet, if the density bonus is based all
or in part on donation of land.
3. That all the requirements included in Section
19.56.030D haye been met, if the density bonus or
incentive(s) or concession(s) are based all or in part on the
incIusion of a child care facility.
4. That all the requirements included in Section
19.56.030E have been met, if the density bonus or incentive
or concession is based on a condoininium conversion.
5. That the requested incentive(s) or concession(s)
will result in identifiable, financially sufficient, and actual
cost reductions based xil[)on tlie financial analysis and
documentation provided by the applicant and the findings of
the peer-reviewer, if incentive(s) or concession(s) are
requested (other than mixed use development).
6. Thattheproposednon-residentiallanduseswithin
the proposed development will reduce the. cost of the
housing development and are compatible with the housing
development and the existing or planned development in tlie
area where the proposed development will be located, if an
incentive or concession is requested for mixed use
development.
7. That the development standard(s) eor which the
waiver(s) are requested would have the effect of pliysically
precluding the construction of the housing development with
the density bonus and incentives or concessions permitted,
if a waiver is requested.
8. That all the applicable requirernents in Section
19.56.040C have been met, if a reduction in off-street
parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of tliis
section, as applicable, can be made, the deeision-making
body may deny an application for an incentive or concession
or waiver requested pursuant to Section 19.56.040 only if
one of the following written findings as applicable to eacli
type of application, supported by substantial evidence:
1. Thattheincentiyeorconeession,orwaiverwould
have an adverse impact on real property listed in the
California Register of Historic Resources; or
2. Thattheincentiyeorconeession,orwaisierwould
have a specific, adverse impact upon public health or safety
or the physical enviroiunent, and there is no feasible method
to satisfactorily mitigate or avoid the speeific, adverse
impact without renderingthe residentialprojeetunaffordable
to low and moderate income households. For tlxe purpose of
this subsection, "specific, adverse impact." means a
significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date
that. the application for the residential project was deemed
complete; or
3. That the incentiye or concession, or waiver is
contrary to state or federal law.
C. An application for an incentive or concession may
also be denied if the decision-making body makes the written
finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide
for affordable housing costs or affordable rents.
D. If the findings required by subsection A. of this
section can be made, the decision-making body may deny an
application for a density bonus or incentive or concession
that is based on the provision of child care only if it makes
a written finding, based on substantial evidence, that the city
already has adequate child care facilities. (Ord. 16-2149,
§ 8, 2016)
19.56.080 Interpretation.
rf any portion of this Chapter 19. 56 conflicts with State
Density Bonus Law (Government Code Section 65915 et
seq.) or other applicable state law, state law shall supersede
tliis Chapter. Any ambiguities in this section shall be
interpreted to be consistent with State Density Bonus Law.
All code references in this Chapter include all successor
prOVlSIOnS.
(Ord. 21-2230, F3 3, 2021)
2021 S-84
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),
81 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 §§ 1.04.010 through 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 ai'id
readopts Cl.. 1.09 (§§ 1.09.010 througli
1.09. 110) nuisance abatement; repeals
and readopts Ch. 1. 10 (§§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Crirninal Enforcement), amends
8, 1. 12.010 and 8, 1. 12.020 and repeals
§ l.l2.030 (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 8, 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor diniiig pernt
(Not Codified)
A'inends § 2.88.l00, duties-powers-
responsibilities (2.88)
Adopts 8, 2.20. 120, electronic filiiig of
campaign statements (2.20)
Amends F3 11.24.150, parkii'ig .
prohibited along c.ertain streets (11.24)
Urgency ordinance ten"iporarily uiaiving
permit fees for certain temporary
eommercial signs aiid 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
20-22] 8
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, 11.08.110 and
11.08. 120, concerning regular meetings
of the City Council, concerning powers
and duties of the City Manager,
concerning animals in city buildings,
concerning bicycle licensing and
registration, and concerning activities
prohibited in city parks (2.04, 2.28,
8.01, 11.08, 13.04)
Amends F3 3.37.040, rninirnum 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, and2.40.llO,
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 through
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 impacts
under CEQA (17.08)
Adds Ch. 19.102, §§ 19.102.010
through 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 8, 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List
Ord. NO.
21-2227
21-2228
21-2229
21-2230
21-2231
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 concerning
designation of preferential parkjng
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(%'Jrij (aTr)di[i5d)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(19.56)
Repeals 6.24.037, adopts new 6.24.03'7
and 6.24.038, amends 6.24.010,
6.24.020, 6.24.060, 9.16.030,
concerning organic waste disliosal
reduction (6.24, 9. 16)
2021 S-84
13 Index
FIREWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
variance conditions 16.52.061
Appeals, generally 16.52.030
Applicabilityofprovisions 16.52.011
Basis for establishing the areas of special flood
liazard 16.52.012
Compliance 16.52.013
Construction
materials and methods 16.52.042
standards 16.52.040
Definitions 16.52.010
Developmentpermit 16.52.022
Elevation and floodproofing 16.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclainqer 16.52.016
Manufactured homes, standards for 16.52.053
Recreational vehicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdivisions and other proposed development,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warnii'ig and disclaimer of liability 16.52.016
FOOD EST ABLISHMENT
See RESTAURANT
FRANCHISE
Cable teleyision
See CABLE AND VIDEO SERVICES
California water service
designated 6. 16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6. 16.040
Cupertino garbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to eity 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitioris 6. 12.010
designated 6. 12.020
granting authority 6. 12.070
gross reeeipts
percentage payment to city 6. 12.050
total, report required 6. 12.060
maintenance requirements 6. 12.030
term 6.12.040
Pacific Gas and Electric Company
See Electricity
See Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Solid waste
See GARBAGB
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street iinprosiement
See SPECIAL GAS TAX STREET
IMPRO'VEMENT FUND
2021 S-81
Cupertino - Index 14
-G -
GARAGE, PATIO SALE
Definitions 5. 16.020
Enforcement 5.16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5.16.030
Sign
See also SIGN
regulations generally 19. 104.250
restrictions 5. 16.040
Violation
penalty 5.16.070
presumption 5.16.041
GARBAGE
Administration, enforcement, regulations adoptioxi
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recyeling
charges for 6.24. 150
commencement, time lin'ffts 6.24.040
entitlement to collect for 6.24. 160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges svhen
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.020
Delinquent account
notification 6.24. 170
remedies for 6.24.180
Disposal
explosive, hazardous materials 6.24.100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24.110
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling
mandatory edible food recovery 6.24.038
mandatorynon-organic recyeling for businesses
6.2.4.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recyeling center, operation, use 6.24. 190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASBS
GENERAL PBNALTY AND CRIMINAL
BNFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GLASS AND LIGHTING STANDARDS
Applicability of regulations 19. 102.020
Bird-safe development requirements 19. 102.030
Outdoor lighting requirements 19. 102.040
Purpose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally ].0.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, pena)ity 10.60.090
2021 S-84
39 Index
Bus station, terminal
T zone 19.76.030
Business office
CG zone 19.60.030
Business service
CG zone 19.60.030
Cabinet shop
ML zone 19.64.020
Carpenter shop
ML zone 19.64.020
Caterer
ML zone 19.64.020
Cemetery
A-1 zone 19.20.020
A zone 19.20.020
CG zone
applicability of provisions 19.60.020
conditional uses 19.60.030
designated 19.16.010
development standards 19.60.060
excluded uses 19.60.030
land use activity 19.60.050
permits required for development 19.60.040
permitted uses 19.60.030
purpose 19.60.010
Child day care facility
BQ zone 19.76.030
CG zone 19.60.030
R-3 zone 19.20.020
Churches, existing
ML-rc zone 19.64.020
Civic organization
BQ zone 19.76.030
Club
BQ zone 19.76.030
CG zone 19.60.030
Coal sales
ML zone 19.64.020
Cold storage facilities
ML zone 19.64.020
ML-rc zone 19.64.020
Columbarium
A-l zone 19.20.020
A zone 19.20.020
Commercial photography
ML-re zone 19.64.020
Communication structures
A-1 zone 19.20.020
A zone 19.20.020
Competition and tournament facilities
FP zone 19.84.020
Compliance with provisions required 19.04.030
Conditional use permit, variance, deve4opment
permits application conditional use permit or
variance 19. 156.020
development permit 19. 156.010
approval authority 19.156.030
change of use 19. 156.070
conditionaluseperrnit 19.156.040
expansion or modification of permits
conditionaluse 19.156.060
planned development 19. 156.060
findings and conditions
eonditionaluseperrnit 19.156.040
planned development permit 19. 156.040
variances ]9. 156.050
plaiu'ieddevelopmentperrnit 19.156.040
variances 19.156.050
Conditional uses
BA zone 19.-/6.030
BQ zone 19.76.030
CG zone i9.60.030
expansion 19.156.060
FP zone 19.96.040
ML zone 19.64.020
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.68.030
OP zone 19.68.030
OS zone 19.88.020
P zone 19.80.030
PR zone 19.92.020
Rl zone 19.28.030
RIC zone 19.44.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
T zone 19.76.030
Conflict of provisions 19.04.040
Congregate residence
A-I zone 19.20.020
A zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-I zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Convenience markets
CG zone 19.60.030
Conversion, apartment to community housing
applicabilityofprovisions 19.116.020
2012 S-31
Cupertino - Index 40
application
procedures 19.116.060
requirements 19.116.050
parking 19.116.040
purpose 19.ll6.Ol0
regulations generally 19.116.030
Crematory
A-1 zone 19.20.020
A zone 19.20.020
Crops
A-1 zone 19.20.020
A zone 19.20.020
RHS zone ]9.20.020
Culverts
OS zone 19.84.020
Dairy processing
A-1 zone 19.20.020
A zone 19.20.020
Dancehall
FP zone 19.84.020
Dance instruction
FP zone 19.84.020
Day care home, large fainily
A-1 zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Day care home, small family
A zone 19.20.020
Rl zone 19.20.020
RIC zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Deck, seeond story
See Accessory building, structure
Definitions
applicability, purpose of proyisions 19.08.010
construction of provisions 19.08.020
Cupertino Standard Detail 7-2: Corner Triangle
- Controlled Intersections, Ch. 19.08,
Appendix A
Cupertino Standard Detail 7-4: Corner Triangle
- Uncontrolled Intersections, Ch. 19.08,
Appendix B
Cupertino Standard Detail 7-6: Sidewalk Site
Triangle (Sidewalk Clearance at
Driveways), Ch. 19.08,
Appendix C
designated 19.08.030
Examples of How to Measure Sign Area, Ch.
19.08, Appendix D
Delivery service
ML zone I9.64.020
ML-rc zone 19.64.020
Density bonus
application requirements 19.56.060
concessions 15.56.040
density bonus 19.56.030
eligibility for density bonus 19.56.020
findings 19.56.070
incentiyes or concessions, waivers and
reduction of parking standards 19.56.040
interpretation, 19.56.080
purpose 19.56.010
requirements generally 19.5-6.050
Development agreement
application
contents 19.144.070
form 19.144.060
qualification required 19. 144.050
authority of provisions 19. 144.030
cancellation
city 19. 144.200
muhial consent 19.144. 190
rights 19.144.210
constructionofprovisions ]9.144.250
effect 19.144.240
execution, recordation 19. 144.260
findings offact, intentofprovisions 19. 144.010
judicial re'view; tirrie limitation 19. 144.270
hearing
appealofdeterrnination 19.144.170
compliance; appeal 19.144.150
findings 19. 144. 120
generally 19.144.090
irregularityinproceeding 19.144.120
noncompliance; appeal 19.144.160
plans, consistency with
general 19.l44.080
specific I9. 144.080
purposeof 19.144.020
review, time for and initiation of 19. 144. 140
rules affecting 19.144.220
separate procedure 19. 14-4.230
Districts
applicability of provisions 19. I6.060
designated 19.16.010
reference 19. 16.020
Drainage ditches
OSzone 19.84.020
Drinking establishments
CG zone 19.60.030
Drive-in theaters
ML zone 19.64.020
Drive-through facilities
CG zone 19.60.030
2021 S-84
CUPERTINO, CALIFORNIA
Instruction Sheet
2021 S-84 Supplement
REMOVE OLD PAGES
Title Page
[NSERT NEW PAGES
Title Page
11 through 16B
TITLE 6: F'RANCHISES
11 through 16L
TITLE 9: HEALTH AND SANIT ATION
34B-1, 34B-2 34B-1, 34B-2
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
37,38 37,38
105 through 108D
TITLE 19: ZONING
105 through 108D
41 48
COMPREHENSIVE ORDINA'NCE LIST
47, 48
13, 14
39, 40
INDEX
13, 14
39, 40
PMcA
11/202.7
CITY OF CUPERTINO, CALIFORNIA
rviUNiCIPAL CODE
S-84.Supplement contai.ns:
Local legislation current through Ordinance 21-2231, passed 10-19-2021
COPYRIGHT @ 2021
AMERICAN LEGAL PUBLISHING CORPORATION
6.24.010
CB[APTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE
RECYCLING COLLECTION AND DISPOSAL
Sect-ion
6.24.010
6.24.020
6.24.030
6.24.031
6.24.035
6.24.037
6.24.038
6.24.040
6.24.050
6.24.060
6.24.070
6.24.080
6.24.090
6.24. 100
6.24.110
6.24. 120
6.24. 150
6.24. 160
6.24. 170
6.24. 180
6.24. 190
6.24.200
6.24.210
6.24.220
6.24.230
6.24.240
Purpose of chapter.
Definitions.
MandafOr}' SOlld V!aSte COlleCfiOn seri.iice '
owner responsibility.
Mandatory solid waste collection service
exemption procedures.
Mandatory non-organic recycling for
businesses.
Mandatory organic waste disposal
reduction.
Mandatory edible food recovery.
Commencement of solid waste collection
SerVICe.
Frequency of disposal.
Method of garbage, organic waste ai'id
non-organic recyclables disposal.
Garbage, organie waste aiid non-orgai'ii.c
recyclables containers.
Inappropriate containers.
Burning restrictions.
Disposal of explosive or hazardous
material restrictions.
Unauthorized disposal prol'iibited.
Franchise granting authority.
Charges for solid wiaste collection service.
Entitlement to collect for solid waste
collection service.
Notification of delinquency.
Remedies for delinquent account.
Recycle eenters.
Unauthorized solid waste collection.
Interfering with solid waste collection
SerVICe.
Unauthorized use of solid waste collection
service.
Rules and regulatioxis adopted.
Violation-Penalty.
6.24.010 Purpose of Chapter.
A. This chapter is determined arid declared to be a
health, sanitary and safety measure necessary for the
promotion, protection and preservation of the health, safety
and general welfare of the people of the City of Cupertino.
B. 'rheCityisrequiredtocomplywiththeapplicable
provisions of Assembly Bill 939, the California Integrated
Waste Management Act (Sher, Chapter 1095, Stahites of
1989, as antended) ("AB 939"). AB 939 requires that by and
after January 1, 2000, fifty percent (50 %) of tlie solid waste
generated must be diverted through some source redriction,
recycling, and composting activities.
C. Assembly Bill 341 (Chesbro, Cliapter 476,
Stahites of 2011) places requirements on businesses and
multi-family generators that generate a specified threshold
amount of solid waste to arrange for recycling services and
requires jurisdiction.s to implement a mandatory commercial
recycling program.
D. Assembly Bill 1826 (Cliesbro, Chapter 727,
Statutes of 2014) requires businesses and multi-family
generators that generate a specified threshold amount of
solid waste, non-organic recyclables, and organic waste per
week to arrange for recycling services for those materials,
requires jurisdictio.ns to implement a recycling prograin to
divert orgmic waste from businesses subject to the law, and
requires jurisdietions to implement a mandatory eornmercial
organic waste recycling program,
E. Senate Bill 1383, the Short-lived Climate
Pollutant Reduction Act of 2016 (Lara, Chapter 395,
Staiutes of 2016) ("SB 1383"), sets statewide organic waste
disposal reduction targets of fifty percent (50%) by 2020 and
seventy-five percent (75%) by 2025, based on the 2014
organics waste disposal baseline. SB 1383's implementing
regulations place requirements on multiple entities ineluding
jurisdictions, resideittial households, commercial businesses
and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food
recovery serviees to support achievement of statewide
orgaxuc waste disposal reduetion targets. SB 1383's
implementing reguiations require jurisdictions to adopt and
enforce an ordinance or other enforceable mechanism to
implement relevant provisions of SB 1383's implementing
regulations.
2021 S-84 11
6.24.010 Cupertino - Franchises 12
F. The City has coordinated with the County of
Santa Clara and other jurisdictions in the county to develop
uniform provisions for the portions of this chapter
addressing edible food recovery. The City has determined
that this coordination will simplify compliance for
commercial businesses, promote food recovery in the City,
and facilitate edible food recovery capacity pIanning.
G. Pursuant to 14 California Code of Regulations
Section 18981.2, jurisdictions may delegate certain
responsibilitiesforimplementing,monitoring, andenforcing
their edible food recovery programs to public or private
entities,
H. This chapter v,iill aid the Cit5r in meeting the goals
and requirements of AB 939, Assembly Bill 341, Assembly
Bill 1826, SB 1383 and its implementing regulations, and
related laws; aid in preserving landfill space and postponing
the need for new landfill capacity for the longest term
possible; reduce the amount of solid waste deposited in
landfills from commerr,ml and residential generators; and
reduce food insecurity.
I. The City may adopt, implement, and enforce a
local solid waste recycling requirementthatis more stringent
or comprehensive than state law. (Ord. 21-2231, § 1, 2021;
Ord. 20-2218, § 1, 2021; Ord. 15-2130, § 1 (part), 2015;
Ord. 2069, tj 1 (part), 2010; Ord. 1572, § l (part), 1991)
6.24.020 Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise:
1. "Back-haul" means a cornrnercial business
generating and transporting source separated recyclable
materials and/or source separated green container orgariic
waste to a destination owned and operated by fhe generator
using the generator's own employees and equipment, or as
otherwise defined in 14 California Corle of Regulations
Section 18982(a)(66)(A).
2. "Blue container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of
source separated recyclable materials.
3. "Business"or"commercial"meansacommercial
or public entity, including, but not limited to, a firm,
partnership, proprietorsmp, joint stock company,
corporation, or association that is organized as a for-profit
entity or non-profit entity, or a multi-family residential
property with five (5) or more dwelling units.
4. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
5. "City" means and includes all the territory lying
within the municipal boundaries of the City of Cupertino as
presently existing, plus all territory which may be added
thereto during the effective term of the ordinance codified
herein.
6. "Collection station" means the location at svhich
containers of garbage, non-organic recyclables and organic
waste are placed for collection by the solid waste collector.
For businesses, collection station is typically the garbage
and recycling area enclosure. For multi-family residential
properties with less than five (5) dwelling units and other
residential structures, the collection station is typically the
street side of the concrete curb immediately adjacent to (he
residence where curb and gutter exists or where no curb and
gutter exists, tlie edge of aspl'ialt immediately adjacent to the
residence.
7. "Commercial edible food generator" includes a
tier one or a tier two commercial edible food generator. For
tlie purposes of this definition, food recovery organizations
and food recovery services are not cornrnercial edible food
generators pursuant to 14 California Code of Regulations
Section 18982(a%7).
8. "Communitycomposting"meansanyactivitythat
composts green material, agricultural material, food
material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost
on-site at any one time does not cxceed 100 cubic yards and
750 square feet, as specified in 14 California Code of
Regulations Section 17855(a)(4); or, as otherwise defined by
14 California Code of Regulations Section 18982(a%8).
9. "Compliance revieiv" means a review of records
by the City and/or its designee to determine compliance with
this chapter.
10. "Compost" means the product resulting from the
controlled biological decomposition of organic solid waste
that is source separated from the municipal solid waste
stream, or which is separated at a centralized facility, or as
otherwise defined in 14 California Code of Regulations
Section 17896.2(a%4).
11. "Compostable plastic bags" means only such
plastic bags that meet the BPI-certified ASTM D6400
standard for compostability, or such bags that are ap'proved
by the City for placement in the green container.
12. "Construction and demolition debris" or "C&D
debris" means materials resulting from the construction,
remodeling, or demolition of buildings and other structures.
"Construction and demolition debris" includes, but is not
limited to, concrete, asphalt, rock and dirt related to
construction, remodeling, repair, or demolition operations
and is subject to the provisions of Chapter 16.72.
13. "Container contamination" means a container,
regardless of color, that contains prohibited container
contaminants, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(55).
l
2021 S-84
13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
14. "Debris box service" means collection service in
containers without compaction that have a capacity of eight
(8) cubic yards or more. Debris boxes may be used for the
collection of non-organic recyclables and organic waste, or
garbage, and may be used for construction aiid demolition
debris that may or may not be intended for full or partial
recycling or other waste diversion.
15. "Delinquent" means a failure of the recipient of
solid waste collection service to pay when due all charges
owed to the solid waste collector for solid waste eollection
service rendered or to be rendered.
16. "Department" meai'is any department of the City,
designated by the City to enforce or administer tliis chapter,
as authorized in 14 California Code of Regulatiot'is Section
18981.2
17. "Designee"meansanentitythattheCitycontracts
witli or otherwise arranges to carry out or assist with aiiy of
the City's responsibilities for compliance witli solid waste-
related laws or regulations or adn'iinistration or enforcement
of this chapter as authorized in 14 California Code of
Regulations Section 18981.2. A designee may be a
government entity, a hariler, a private entity, or a
combination of those entities
18. "Director" means the Director of Public Works
and their duly authorized agents and representatives
19. "Dwelling" means a residence, flat, duplex,
apartment, townhouse, condominium or other facility used
for housing one or more persons
20. "Edible food" means food intended for human
consumption, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(18). For the pu'i'poses of
this chapter, "edible food" is not solid waste if it is
recovered and not discarded. No(king in this chapter
requires or authorizes the recovery of edible food tliat does
not meet the food safety requirements of the Cal.ifornia
Retail Food Code
21. "Enforcement officer" has the same meai'iing as
in Section 1. 10.020 of this code
22. "Equipment" means a debris box or debris bin
and vehicles used to transport debris boxes or bins
23. "Excluded waste" meaxis liazardous materials
infectious waste, designated waste, volatile, corrosisie,
medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), wliich
receive materials from the City and its generators,
reasonably believe(s) would, as a result of or upon
acceptance, tra.ixsfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, utaste that
cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in the City's aixd/or
its designee's reasonable opinion would present a significant
risk to human health or the environrnent, cause a nuisance
or otherwise create or expose the City and/or its designee to
potential liability; but not including de rninirnis sioliunes or
concentrations of waste of a type and amount normally
found in single-fainily or rnulti-family solid waste after
iinplementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries
and paint in compliance with Sections 41500 and 41802 of
tlie California Public Resources Code.
24. "Finance Direetor" means the Finance Director
and their duly authorized agents and representatives.
25. "Food distributor" means a business that
distributes food to entities including, but not limited to,
supern'iarkets and grocery stores, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(22).
26. "Food facility" lias the same meaning as in
Section 113789 of the -Health and Safety Code.
27. "Food recovery" means actions to collect and
distribute food for human consumption whicli otherwise
would be disposed, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(24).
28. "Food recovery organization" means an entity
that engages in the collection or receipt of edible food from
comn'iercial edible food generators and distributes that edible
food to the public for food recovery either directly or
through otlier entities. "Food recovery organization"
includes, but is not limited to: (a) a food bank as defined in
Section 113783 of the Health and Safety Code; (b) a
nonprofit charitable organization as defined in Section
113841 of the Health and Safety code; and, (c) a nonprofi.t
charitable temporary food facility as defined in Section
113842 of the Health aiid Safety Code. A food recovery
organization is not a con'imercial edible food generator for
the purposes of this chapter pursuant to 14 California Code
of Regulations Section 18982(a)(7). If the definition in 14
California Code of Regu1ations Section 18982(a)(25) for
food recovery organization differs from this definition, the
definition in 14 California Code of Regulation Section
18982(a)(25) shall apply to tliis chapter
29. "Foodrecoveryservice"meai'isapersonorentity
tliat collects and transports edible food from a cornrnercial
edible food generator to a food recovery organization or
other entities for food recovery, or as otherwise defined in
14 California Code of Regulations Section 18982(a%26). A
food recovery service is not a commercial edible food
generator.
30. "Food scraps" means all food such as, but not
limited to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food scraps excludes fats, oils, and grease when
such n'iaterials are source separated from other food scraps.
31. "Food service provider" means an entity
prin'zarily engaged inproviding food services to institutional
2021 S-84
6.24.020 Cupertino - Franchises 14
governmental, commercial, or industrial locations of others
based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(27).
32. "Food-soiled paper" is compostable paper
material that has come in contact with food or Iiquid, such
as, but not limited to, uncoated paper plates, napUns, paper
towels, and pizza boxes.
33. "Food Waste" means food scraps, food-soiled
paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or
objects that are discarded, including but not restricted to,
p,31(yi;ql5, substances Or objects COmfllOrliV referred to as
"trash," "garbage," "refuse" and "rubbish" that are
produced, generated or accumulated by all residential,
commercial, industrial, institutional, municipal, agricultural
and other inhabitants, premises and activities witl'iin the
City, the collection of which is regulated through the
franchise agreement existing between the City and tlie
authorized solid waste collector; provided, however, that
"garbage" does not include (a) hazardous materials, (b) non-
orgai'ffc recyclable materials, (c) organic waste, (d) clear
plastic bags when used to contain organic waste to be
recycled, (e) construction and demolition debris, (f)
biomedical waste, (g) ash, and (h) sewage and other higlily
diluted water-carried materials or substances and tliose in
gaseous form. Except in residential dwellings, if the
material is placed in a plastic bag, the bag must only be
cIear plastic.
35. "Gray container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a)(28), and
which may be colored gray or black, and shall be used for
the purpose of storage and collection of gray container
waste.
36. "Gray container waste" means solid waste that is
collected in a gray container that is part of a three-container
collection service that prohibits tl'ie placement of organic
waste in the gray container as specified in 14 California
Code of Regulations Sections 18984.1(a) and (b), or as
otherwise defined in 14 California Code of Regulations
Section 17402(a)(6.5).
37. "Greencontainer"hastl'iesarnen'ieaningasinl4
California Code of Regulations Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of
source separated green container orgaiuc uiaste.
38. "Groeerystore"meansastoreprirnarilyengaged
in the retail sale of eanned food; dry goods; fresh fruits and
vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(30).
39. "Hauler route" means the designated itinerary or
sequence of stops for each segment of the City's collection
service area, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(31.5).
40. "Hazardous materials" means any or a
combination of materials which because of their quantity,
concentration, or physical, chemical or infectious
characteristics may either: (a) cause or significantIy
contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness; or
(b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported or disposedofor otherwisemanaged. Hazardous
materials include, but are not limited to, hazardous wastes
as defined iu'ider California or United States law or any
regulations promulgated pursuant to such laws, and all toxic,
radioactive, biologically infectious, explosive or flami-nable
waste materials, including any material defined in Section
9. 12.020 of the Cupertino City Code for which a hazardous
materials storage permit is required.
41. "Health facility" has the same mearzing as in
.Section 1250 of the Health and Safety Code.
42. "Hotel"hasthesamemeaningasinSectionl-/210
of the Business and Professions Code.
43. "Inspect" or "inspection" means an enforcement
officer's, the department's and/or a designee's electronic or
on-site visit and review of records, containers, and an
entity's collection, handling, recycIing, or Iandt'ill disposal
of organic wiaste or edible food handling to deteni'ffne if the
entity is complying with requirements set forth in this
chapter, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(35).
44. "Large event" means an event, includiiig, but not
limited to, a sporting event or a flea market, that charges an
admission price, or is operated by a local agency, and serves
aix average of more than two thousand (2,000) individuals
per day of operation of the event, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned
park, parking lot, golf course, street system, or other open
space when being used for aix event. If the definition in 14
California Code of Regulations Section 18982(a)(38) for
large event differs from this definition, the definition in 14
California Code of Regulations Section 18982(a)(38) shall
apply to this chapter.
45. "Large venue" means a permanent venue facility
that annually seats or serves an average of more than two
thousand (2,000) individuals within the grounds of the
facility per day of operation of the venue facility. A venue
facility includes, but is not limited to, a public, non-profit,
or privately owned or operated stadium, aniphitheater
arena, hall, an'iusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse traek, performing ii
2021 S-84
15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
arts center, fairground, museum, theater, or other publ.ic
attraction facility. A site under common ownership or
control that includes more than one large venue that is
contiguous with other large yenues in the site, is a single
large venue. If the definition iii 14 California Code of
Regulations Section 18982(a%39) for large venue differs
from this definition, the definition in 14 California Code of
Regulations Section 18982(a)(39) shall apply to this chapt.er.
46. "Litter" means, but is not limited to, plastic,
paper, cigarette butts, floor sweepings, trash, rubbish, Food,
cloth, metal, reeyclable material, or waste matter of
whatever character.
47 "L (i(;Hl educatiori agenC7" MEANS a SCIIOOI di3jri@t,
charter school, or county office of education that is riot
subject to the control of the City or county regulations
related to solid waste, or as otlierwise defined in 14
California Code of Regulations Section 18982(a%40).
48. "Multi-unitresidentialproperty" or "multi-farnily
residentialproperty" or "multi-family" means anypremises,
excluding a hotel, motel, or lodging house, used for
residential purposes containing fiye (5) dwelling units or
more, irrespective of whether the residency is transi.ent,
temporary or permanent.
49. "Non-compostable paper" iiicludes, but is not
limited to, paper that is coated in a plastic material that will
not break down in the composting process, or as otherwise
defined in 14 California Code of Regulations .Section
18982(a%41).
50. "Non-local entity" means an entity that is aii
organic waste generator but is not subject to the control of
the City or county regulations related to solid waste. These
entities may include, but are not limited to, special districts,
federal facilities, prisons, facilities operated by the state
parks system, public universities, including coniniunjty
colleges, county fairgrounds, and state agencies.
51. "Non-organic recyclables" or "non-orgainc
recyclable material" mean those materials that can be
returned to economic use as raw materials for new, reused
or reconstituted products, which prior to collection are
separated by the generator from other material treated as
solid waste. Examples of non-organic recyclables include,
but are not limited to: newspaper, cans, corrugated
cardboard, glass, certain types of plastic, metals, wood and
automobile oil. "Mixed non-organic recyclables" means
more than one type of non-organic recyclable material
comnigled in a bin, debris box, compactor or other type of
container. This material includes, but is not limited to wood,
paper, plastic, metals, glass, and other recyclable materials
other than organic uiaste. The material must not eontain
more than five percent (5 %) by volume garbage and organic
waste.
52. "Nonresidential premises" means all premises
except residential premises, including but not restricted to
pren'ffses used for industrial, commercial, administrative and
professional offices, public and quasi-public buildings,
utility and transportation.
53. "Notice of violation" means a notice fhat a
violation has occurred that includes a compliance date to
avoid an aetion to seek penalties, or as otherwise defined in
14 California Code of Regulations.Section 18982(a%45) or
further explained in 14 California Code of Regulations
Section 18995.4.
54. "Occupancy"; "occupied": Premises are
"occupied" when a person or persons take or hold
possession of the premises for permaiient or temporary use.
For the purposes of determining whether a premises is
occupied during periods when solid waste collection service
is made available to such premises, occupancy shall be
presumed unless evidence is presented that gas, electric,
telephone and water utility services were not being provided
to the premises during sucli periods.
55. "Organic waste" means solid waste containing
material originated from living organisms and their
metabolic waste products, including but not limited to food,
green material, landscape and pnining waste, organic
textiles and cai'pets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges
or as other'yvise defined in 14 California Code of Regulations
Section 18982(a)(46). Biosolids and digestate are as defined
by 14 California Code of Regulations Section 18982(a). The
material must not contain in excess of 5% by 'volume
garbage or non-organic recyclable materials. In residential
dwellings, if the material is placed in a plastic bag, the bag
must only be a compostable plastic bag. Tn cornmercial
properties or multi-family residential properties, if the
material is placed in a plastic bag, the bag must be clear
plastic or a compostable plastic bag.
56. "Organic waste generator" rneans a person or
entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(48).
57. "Owner"meanstheholderorholdersoflegaltitle
to the real property constituting the premises to which solid
waste collection service is provided.
58. "Paper products" include, but are not limited to,
paper janitorial supplies, cartons, wrapping, packaging, file
folders, hanging files, corrugated boxes, tissue, and
touieling, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(51).
59. "Person" includes any person, firm, assoeiation,
organization, partnership, business trust, joint venture,
corporation, or company, and includes the United States, the
State of California, the County of Santa Clara, speciaJ
purpose districts, and any officer or agency thereof.
2021 S-84
6.24.020 Cupertino - Franchises 16
60. "Premises"meansanyland,buildingorstrueture,
or portion thereof, within the City where any solid waste is
produced, kept, deposited, placed or accumulated.
61. "Printing and writing paper" includes, but is not
limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing
tablets, newsprint, and other uncoated ivriting papers,
posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(54).
62. "Prohibited container contaminants" means the
'HllOlliBg; (1) discarded materig]s placed III the blue
container that are not identified as acceptable source
separated recyclable materials for the City's blue container;
(ii) discarded materials plaeed in the green container that a:re
not identified as acceptable source separated green container
organic waste for the City's green container; (iii) discarded
materials placed in the gray container that are acceptable
source separated recyclable materials and/or source
separated green container organic waste to be placed in the
City's green container and/or blue container; and (iv)
excluded waste placed in any container.
63. "Recovery" means any activity or process
described in 14 California Code of Regulations Section
18983. 1(b), or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(49).
64. "Remote monitoring" means the use of the
internet of things (IoT) and/or wireless electronic rlevices to
identify the types of materials in commercial businesses'
blue containers, green containers, and gray eontainers for
purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of prohibited
container contaminants. Remote monitoring may involve
installation of remote monitoring equipment on or in
commercial businesses' blue containers, green containers,
and gray containers. A remote monitoring program may be
implemented by the City, its designee, and/or a commerciaI
business at a later date, consistent with tlie terms of this
chapter. Remote monitoring is not expected to be used for
any residential premises.
65. "Residentialprernises"or"residential"meansany
single-unit dwelling or multi-unit residential property.
66. "Restaurant" means aii establishment primarily
engaged in the retail sale of food and drinks for on-pren'uses
or immediate consumption, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(64).
67. "Route review" means a visual inspection of
containers along a hauler route for the purpose of
deterrnining container contamination, and may include
mechanical or electronic inspection methods such as the use
of cameras, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%65).
68. "ShareTable"hasthesamemeaningasinSection
114079 of the Health and Safety Code.
69. "Single-stream recycling" means a recycling
program in which generators place multiple types of
recoverable materials in a single container that is designated
specifically for recyclables and is taken to a material
recovery facility for processing.
70. "Single-unit dwelling" or "single-family
dwelling" or "single-family" means one or more rooms and
a single kitchen, designed for occupancy by one farnily for
residential purposes. Each dwelling unit within a
condominium project, duplex, towrffiouse project or
anartment. and each second unit located within a
smgle-[y residential zoning district, shall constitute a
separate single-unit dwelling to which solid waste collection
service is provided, unless the owner or occupants thereof
arrange for solid waste collection service to be provided to
all dwelling units upon the premises at commercial rates.
71. "Solidwaste"hasthesamemeaningasdefinedin
California Public Resources Code Section 40191, and
generally means all itexns of solid waste including, but not
limited to garbage, non-organic recyclables, organic waste
and hazardous materials eligible for collection.
72. "Solid waste collector" means any person or
entity authorized by the franchise agreement between the
Franchisee and the City, in accordax'ice with Section
6.24.]20 of this chapter, to collect, receive, carry,
transport, process and dispose of any garbage, non-organic
recyclables, organic waste and hazardous materials eligible
for collection, produced, kept or accumulated within the
City.
73. "Solid waste collection service" means the
collection, transportation and disposal of garbage, organic
waste, non-organic recyclables and hazardous materials
eligible for collection by an authorized solid waste collector.
74. "SourceSeparated"meaiqsmaterialsihat,priorto
collection, are or have been separated or segregated by ffieir
generator as to type or category of source material and are
or have been placed into separate containers according to
type or category, i.e. all metaI is separated from other
recyelables and placed in its own separate container or
separate debris box.
75. "Source separated blue container organic svaste"
means source separated organic waste that can be placed in
a blue container that is limited to the collection of those
organic waste and non-organic recyclables as dejined in 14
California Code of Regulations Section 18982(a)(43), or as
otherwise defined by 14 California Code of Regulations
Section 17402(a)(18.7).
76. "Sourceseparatedgreencontainerorganicwaste"
rneans source separated organic waste that can be placed in
a green container that is limited to collection of organic
waste by the generator, excluding source separated blue
2021 S-84
16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
container organic waste, carpets, non-compostable paper,
textiles, and manure.
77. "Source separated recyclable materials" means
source separated non-organic recyclables and source
separated blue container organic waste.
78. "Supermarket" means a full-line, self-service
retail store with gross annual sales of two million dollars
($2,000,000), or more, and whicli sells a line of dry
grocery, canned goods, or nonfood items and some
perishable items, or as otherwise defined iix 14 Califorrffa
Code of Regulations Section 18982(a%71).
79. " Tenant" means any person or persons, other than
the 01Xlner, cccupyihg Or in possession r)f B pypl'Iii5(5,
80. "Tier one commercial edible food generator"
means the following: (a) supermarkets; (b) grocery stores
with a total facility size equal to or greater than 10,000
square feet; (c) food service providers; (d) food distributors;
and (e) who).esale food vendors. If the definition in 14
California Code of Regulations Section 18982(a)(73) of tier
one commercial edible food generator differs from this
definition, the definition in 14 California Code of
Regulations Section 18982(a)(73) shall apply to this chapter.
For the purposes of this chapter, food recovery
organizations and food recoyery seryices are not tier one
commercial edible food generators.
81. "Tier two commercial edible food generator"
means the following: (a) restaurants with hvo hundred fifty
(250) or more seats or a total facility size equal to or greater
than five thousand (5,000) square feet; (b) hotels witli an
on-site food facility and two hundred (200) or more rooms;
(c) health facilities with an on-site food facility and one
hundred (100) or more beds; (d) large yenues; (e) large
events; (f) state agencies with a cafeteria witli two liundred
fifty (250) or more seats or total cafeteria facility size equaI
to or greater than five thousand (5,000) square feet; and (g)
loeal education agency facilities with on-site food facilities.
If the definition in 14 California Code of Regulations
Section 18982(a%74) of tier two commercial edible food
generator differs from this definition, the definition in 14
California Code of Regulations Section 18982(a)(74) shall
apply to this chapter. Non-local entities that operate a
facility that meets this definition are tier two con'imercial
edible food generators. For the purposes of this chapter,
food recovery organizations and food recovery services are
not tier two commercial edible food generators.
82. "Wholesale food vendor" means a busiiiess or
establishment engaged in the merchantwholesale distribution
of food, where food (including fniits and vegetables) is
received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or a.s
otherwise defined in 14 California Code of Regulations
Section 189852(a)(76). (Ord. 21-2231, 8) 1, 2021; Ord.
20-2218, 8, 2, 2021; Ord. 15-2130, 8) I (part), 2015; Ord.
2094, F3 1, 2012; Ord. 2069, § l (part), 2010; Ord. 1572,
S, I (part), 1991)
6.24.030 Mandatory Solid Waste Collection Service -
Owner Responsibility
A. The owner of each occupied residential or
nonresidential premises shall subscribe to and pay for at
least the minimum level of solid waste collection service
made available to that premises by the solid waste collector,
as specified in the franchise agreement between the city and
the solid waste collector executed pursuant to Section
6.24.120 of this Chapter or obtain an exemption under
Section 6.24.031 below. The owner of each occupied
residential or nonresidential premises shall subscribe to and
pay for a level of service sufficient to provide for the
collection of all solid waste generated on the premises.
Customers at non-residential premises must subscribe to
services on a regular weekly basis sufficient to prevent
container or bin overages and, where necessary, to extra
services to prevent overages. Nonresidential customers'
solid waste, if bagged, shall be in clear plastic bags.
B. The charges for solid waste collection service
rendered or made available shall be paid for all periods of
time during which the premises are occupied, regardless of
whether or not the owner oy tenant has any solid waste to be
collected on any particular collection date during such
occupancy. Occupancy shall be presumed unless evidence is
presented that gas, electric, telephone and water utility
services were not being provided to the premises during
such periods. Nothing in this section is intended to prevent
an arrangement, or the continuance of an arrangement,
under which payments for solid waste collection service are
made by a tenant or tenants, or any agent or other person,
on behalf of the owner. However, any such arrangement
will not affect the solid waste collection service recipient's
obligation to pay for solid waste collection service as
provided herein. (Ord. 20-2218, § 3, 2021; Ord. 15-2130,
8, 1 (part), 2015; Ord. 2069, 8, I (part), 2010; Ord. 1572,
§ I (part), 1991)
6.24.031 Mandatory Solid Waste Collection Service
Exemption Procedures.
An owner may obtain an exemption from the
mandatory solid waste collection service in section 6.24.030
through the fonowing process:
A. An owner may apply to the Director for an
exemption from this section if (a) the applicable premises
2021 S-84
6.24.031 Cupertino - Franchises 16B
has been vacant and has not generated or accumulated any
solid waste for the previous sixty days, and (b) will continue
to be vacant for the foreseeable future.
B. Application for a vacancy exemption must be
made on the form provided by the city and submitted to the
Director for review and a determination as to the eligibility
in accordance with the city's vacancy exemption policy.
C. An exemption and any extension of such
exemption may be for a period of not more than one
hundred eighty days. (Ord. 15-2130, 8, 1 (part), 2015)
6.24.035 Mandatory Non-Organic Recycling for
Businesses.
A. The owner or tenant designees of multi-family
dwelling premises are required to subscribe to and maintain
mandatory non-organic residential recycling services for
each individual household in the dwelling. An exception may
be granted at the discretion of the Director if it is
determined there is not sufficient storage space for the
containers at the multi-family dwelling premises.
B. All businesses are required to subscribe to and
maintain mandatory non-organic re.cycling services if such
businesses generate greater than or equal to four (4) cubic
yards of solid waste per week. If the solid waste collector
transports containers of solid waste generated by the
business to a material recovery facility for the purposes of
mixed waste processing, thereby separating non-organic
recyclables from the inixed waste and reeycling the
non-organic recyclables, the business will be deemed to be
subscribing to non-organic recycling services.
C. The disposal of garbage in containers designated
for organic waste recycling or processing or for source
separated or single-streani recycliitg is prohibited.
D. Tlie solid waste collector is prohibited from
providing solid waste service to businesses subject to the
mandatory non-organic recycling requirements without
providing a non-organic recycling program that includes the
collection of a container no less than thirty-two (32) gallon
capacity, provided by the solid waste collector, at least one
(1) time per week. The only exceptions to this requirement
are the following:
1. The solid waste collector provides a inixed waste
processing program to the business in which solid waste
containers are taken to a material recovery facility for
processing to remove non-organic recyclable n'iaterials.
2. Thesolidwastecollectormayverifytheowneror
tenant designee has been granted an exception to the
mandatory non-organic recycling prograni from the
Director. (Ord. 20-2218, § 4, 2021; Ord. 15-2130, €3 l
(part), 2015; Ord. 2094, § 2, 2012)
6.24.037 Mandatory Organic Waste Disposal
Reduction.
6.24.037.0tO Requirements for Single-Fatnily
Generators.
Single-family organfic waste generators shall:
A. Subscribe to the City's organic waste collection
services for all organic waste generated. The City and/or its
designee shall have the right to review the number and size
of a generator's containers to evaluate the adequacy of
capacity provided for each type of collection service and to
review the proper separation of materials and containrnent
of materials.
B. Partieipate in the City's organic waste collection
service by placing designated materials in designated
containers as described below, and not placirig prohibited
container contaminants in collection containers. Generator
shall place source separated green container organic waste,
including food waste, in the green container; source
separated recyclable materials in the blue container; and
gray container waste in the gray container. Generator shall
not place materials designated for the gray container into the
green container or blue container.
C. Nothing in this section prohil+its a generator from
preventing or reducing their soIid waste generation,
managing organic waste on site, and/or using a conununity
composting site pursuant to 14 California Code of
Regulations Section 18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.020 Requiren'ients for Commereial Business
Generators.
Commercial business organic waste generators,
including muIti-family organic waste generators, shall:
A. Except comn'iercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of tl'iis
code, or that meet the waiver requirements in Section
6.14.037.030 of this code, subscribe to the City's organic
waste collection service for all organic waste generated. The
City and/or its designee shall have the right to review tlse
nun'iber and size of a generator's containers and frequency
of collection to evaluate the adequacy of capacity provided
for each type of collection service and to review the proper
separation of materials and eontaiiunent of materials.
B. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, participate in the City's organic
waste colleetioxi service by placing designated materials in
designated containers as described below, and not placing
prohibited container contaminants in collection containers.
Generator shall place source separated green container
orzic waste, including food waste, in the green container;
2021 S-84
16C Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.020
source separated recyclable materials in the blue container;
and gray container waste in the gray container. Generator
shall not place materials designated for the gray container
into the green container or blue container. If organic waste
is placed in a plastic bag, the bag must be a clear plastic or
a compostable plastic bag.
C. Supply and allow access to adequate number, size
and location of collection containers with sufficient labels or
colors (conforming with Sections 6.24.037.020.D.1 aiid
6.24.037.020.D.2 of this code) for employees, contractors,
tenants, and customers, consistent with the City's blue
container, green container, and gray container collection
servie.e or, if hack-hauling, per the commercial business's
instructions to support its compli.ance with its back-haul
program, in accordance with Section 6.24.037.050 of tliis
code.
D. 8xcluding multi-family residential properties,
provide eontaiiiers for the collection of source separated
green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where
disposal containers are provided for customers for materials
generated by that business. Such containers do not rieed to
be provided in restrooms. If a conunercial business does not
generate any of the materials tliat would be collected in one
type of container, then the business does not haye to provide
that particular container in all areas wlxere disposal
containers are provided for customers. Pursuant to 14
California Code of Regulations Section 18984.9(b), the
containers provided by the business shall have either:
1. A body or lid that conforms with the container
colors specified by the City, with either lids conforming to
the color requirements or bodies confornig to the color
requirements or both lids and bodies conforn'iing to color
requirements. Notwithstanding the foregoing, a commercial
business is not required to replace functional containers,
including eontainers purchased prior to Jaiiuary 1, 2022, that
do not comply with the requirements of the subsection prior
to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first.
2. Container labels that include laixguage or graphic
images, or both, indicating the primary n'iaterial accepted
and the primary materials prohibited in that container, or
containers with imprinted text or graphic inqages that
indicate the primary materials accepted and prin'iary
materials prohibited in the contaiixer. Pursuant to 14
California Code of Regulations .Section 18984.8, the
container labeling requirements are required on new
containers commencing January ], 2022.
E. Excluding multi-family residential properties, to
the exterxt practical througli education, training, inspection,
and/or other measures, prohibit employees from placing
materials in a container not designated for those materials
per the City's blue container, ,green container, and gray
container collection service or, if back-hauling, per the
commercial business's instnictions to support its compliance
with its back-haul program, in accordance with Section
6.24.037.050 of this code.
F. Excluding multi-family residential properties,
periodically inspect blue containers, green containers, and
gray containers for contamination and inform employees if
containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14
California Code of Regulations Section 18984.9(b%3).
G. Annually provide information to employees,
contractors, tenants, and customers about organic waste
recovery requirements and about proper sorting of source
separated green container organic waste and source
separated recyclable materials.
H. Provide education information.within fourteen
(14) days of new occupation of the premises to new tenants
that describes requirements to keep source separated green
container organic waste and source separated recyclable
materials separate from each other and gray container waste
and the location of containers and the rules governing their
11Se.
I. Provide or arrange access for inspections
conducted in accordance with Section 6.24.037.070 of this
code to confirm compliance with the requirements of this
chapter.
J. Accommodate and cooperate with the City's
remote monitoring program, if any, for inspection of the
adequacy of capacity and the types of materials placed in
containers to identify prohibited container contaminants,
K, At a commercial business's option and subject to
any approval required from the City and/or its designee,
implement a remote monitoring program for self-inspection
and self-monitoring of the adequacy of capacity and the
types of materials placed in containers to identify prohibited
container contaminants.
L. Nothing in this section prohibits a generator from
preventing or reducing waste generation, managing organic
waste on site, and/or using a community eomposting site
pursuant to 14 California Code of Regulations Section
18984.9(c). (Ord. 21-2231, F:I 1, 2021)
6.24.037.030 Waivers for Commercial Business
Generators.
A, De Minimis Waivers. The Director may waive a
commercial business's (including a multi-family residential
property's) obligation to comply with some or all of the
organic waste collection service requirements of this chapter
if the cornrnercial business provides documentation
demonstrating that the business generates below the amount
of organic waste described in this section. A commercial
business requesting a de minimis waiver shall:
2021 S-84
6.24.037.030 Cupertino - Franchises 16D
1. Submit an application to the Director specifying
the service or requirements for which it is requesting a
WaiVer.
2. Provide doeumentation that either:
(a) The commercial business's totaL solid waste is
two (2) eubic yards or more per week and organic waste
subject to collection in a blue container or green container
comprises less than twenty (20) gallons per week per
applicable container of the business' total waste; or,
(b) The commercial business's total solid waste is
less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container
(t3pris53 15ss than ten (10) gallons per week per applicable
container of the business's total waste.
(c) For the purposes of this sectiori, total solid 'waste
shall be the sum of weeUy container capacity measured in
cubic yards for solidwaste, non-organie recyclable material,
and org:m'Ac waste.
3. Notify the Director if circurnstaiaces change such
that the commercial business's organic waste exceeds the
tlu'eslioId required for waiver specified i.n this section, in
which case the waiver will be rescinded.
4. Provide written verification of eligibility for a de
n's waiver to the Director every five (5) years, if the
City has approved a de rninin'iis waiver.
B. PhysicalSpaeeWaivers.TheDirectormaywaive
acommercialbusiness's (includingamuIt.i-familyresidential
property's) obligation to comply with some or all of tlie
organic waste collection service requirements of this ehapter
if the commercial business provides documentation
demonstrating that the premises lacks adequate space for the
eollection containers required for compliance with this
chapter. A commercial business requesting a pliysical space
waiver shall:
I. Submit m application to the Director specifying
the service or requirements for which it is requesting a
waiver.
2. Provide documentation that the premises lacks
adequate space for blue containers and/or green containers,
which may include documentation from its hauler, licensed
architect, or licensed engiixeer.
3. Notify the Director if the coirirnercial business's
physical space configurations change, in which case waiver
will be rescinded.
4. Provide written verification of eligibility for a
physical space waiver to the Director every five (5) years,
if the City has appro'ved a physical spaee waiver. (Ord.
21-2231, § 1, 2021)
6.24.037.040 Requirements for Haulers and Facility
Operators.
A. Requirements for Haulers
1. The exclusive franchised hauler providing
residential, commercial, or industrial organic waste
collection services to generators within the City's boundaries
shall meet the following requirements and standards:
(a) The Franchise Agreement with the exclusi've
franchised hauler will identify the facilities to which the
hauler will transport organic waste including facilities for
source separated recyclable materials and source separated
green container organic waste.
(bi Transport source separated recyclable materials
and source separated green container organic waste to a
facility, operation, activity, or property that recovers
organic waste as defined in 14 California Code of
Regulations, Division 7, Chapter 12, Article 2.
2. Nothing in this section is applicable to haulers
transporting source separated organic waste to a community
composting site in a manner otherwise consistent with law,
or lawfully transporting C&D debris in a manner that
complies with 14 California Code of Regulations Section
18989. 1 and the City' s C&D debris ordinances, codified at
Section 6.24.200 and 16.72.040 of this code.
3, Back-haulers shall comply with the requirements
of Section 6.24.037.050 of this code.
B. Requirements for faeility operators and
con'unumty eomposting operations
1. Owners of facilities, operations, and activities
that recover organic waste, iiicluding, but not limited to,
compost facilities, in-vessel digestion facilities, arid
publicly-owned treatment works shall, upon the City's
request, provide information regarding available and
potential new or expanded capacity at their facilities,
operations, and activities, ii'icluding information about
throughput and permitted capacity necessary for planning
purposes. Entities contacted by the City shall respond within
sixty (60) days.
2. Cominunity composting operators shall, upon the
City's request, provide information to the City to support
organic waste capacity planning, including, but not limited
to, an estimate of the amount of organic waste anticipated to
be handled at the community composting operation. Entities
contacted by the City shall respond within sixty (60) days.
(Ord. 21-2231, § 1, 2021)
6.24.037.050 Requirements for Back-Haulers.
A. Back-haulersshallspurceseparateallnon-organic
recyclable material and orgaxac waste generated on-site from
solid waste in a manner consistent with 14 California Code
of Regulations Sections 18984.1.
2021 S-84
16E Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.050
B. Back-haulers shall haul their source separated
recyclable materials and source separated green contaii'ier
organic waste for appropriate recovery.
C. Back-haulers shall keep records of the quantity of
non-organic recyclable material and organic waste being
back-hauled. The records shall include the following
information:
1. Delivery receipts and weight iiekets from the
entity accepting the non-organic recyclable material and
orgamc waste.
2. The amount of non-organic recyclable n'iaterial
and organic waste in cubic yards or tons transported by the
generator to each entity.
3. If the material is transported t.o an entity that does
not have scales on-site, or employs scales incapable of
weighing the back-hauler's yehicle in a manrier that allows
it to determine the weight of materials received, the back-
hauler is not required to record the weigl'it of material but
shall keep a record of the entities that reeeived the non-
organic recyclable material and orgai'ffc waste.
D. Back-haulers shall, upon the City's request,
proyide the records collected pursuant to this section.
Entities contacted by the City shall respond within sixty (60)
days. (Ord. 21-2231, F3 1, 2021)
6.24.037.060 Procurenient.
Mulch procured for tlie pui'pose of nieeting tlie City's
annual recovered organic waste product procurement target
pursuant to 14 California Code of Regulations Chapter 12 of
Division 7 must meet the requirements described in this
section for the duration of tlie applicable procurement
compliance year, as specified by 14 California Code of
Regulations.Section 18993.1(f)(4):
A. Produced at one of the followirrg facilities:
1. A compostable material liaridling operation or
facility as defined in 14 California Code of Regulations
Section 17852(a%l2), that is pern'fftted or authorized under
14 California Code of Regulations Divisioxi 7, other than a
chipping and grinding operation or facility as defined in 14
California Code of Regulations Section 17852(a%l0);
2. A transfer/processing facility or transfer/
processing operation as defined in 14 California Code of
Regulations Sections 17402(a)(30) and (31), respectively,
that is permitted or authorized under 14 California Code of
Regulations Division 7; or,
3. A solid waste landfill as defined in Public
Resources Code Section 40195. l that is permitted under 27
California Code of Regulations Division 2.
B. Meet or exceed tl'ie physical contamination,
maximum metal concentration, and pathogen density
standards for land application specified in 14 California
CodeofRegulations Sections 17852(a%24.5)(A)1 through3.
(Ord. 21-2231, F3 1, 2021)
6.24.037.070 Inspections and Investigations.
A. The City and/or its designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated
materials, to confirm compliance with this chapter by
organic waste generators, commercial businesses (including
multi-family residential properties), haulers, and
back-haulers, subject to applicable laws. This section does
not allow the City or its designee to enter the interior of a
residential premises for inspection. For the purposes of
inspecting commercial business containers for compliance
with Section 6.24.037.020 of this code, the City and/or its
designee may conduct container inspections for prol'ffbited
container coritaminants using remote monitoring, if such a
program is adopted, and eommercial busiriesses sliall
accommodate and cooperate with such remote monitoring
pursuant to Section 6.24.037.020.J of this code.
B, Regulated entity shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
City and/or its designee during such inspections and
investigations. Such inspections and investigations may
include confirmation of proper placement of materials in
containers, inspection of edible Food recovery activities,
review of required records, or otl'ier verification or
inspectionto confirm compliance with any other requirement
of this chapter. Failure of tlie regulated entity to provide or
arrange for: (1) aeeess to the pren'ffses; (2) installation and
operation of remote monitoring equipn"ient, if a remote
monitoring prograni is adopted; or (3) access to records for
aiqy inspeetion or investigation is a violation of this chapter
aitd may result in penalties described in Sections
6.24.037.080 aiid 6.24.240 of this code.
C. Any records obtained by the City and/or its
designee during inspections, remote monitoring, if such a
program is adopted, and other reviews shall be subject to the
requirements and applicable disclosure exempti.ons of the
Public Records Act as set forth in Government Code Section
6250 et seq.
D. The City and/or its designee are authorized to
conduct any inspections, remote monitoring, if such a
program is adopted, or other investigations as reasonably
necessary to further the goals of this chapter, subject to
applicable laws.
E. The City shall accept written complaints from
persons regardiixg an entity that may be potentially non-
compliant with this ehapter, including receipt of anonymous
complaints. (Ord. 21-2231, F3 1, 2021)
2021 S-84
6.24.037.080 Cupertino - Franchises 16F
6.Z4.037.080 Enforcement.
A. For the period from January 1, 2022 through
December 31, 2023, the enforcement officer and/or the
City's designee will conduct inspections, remote monitoring
(if such a program is adopted), route reviews, compliance
reviews, and investigation of complaints, depending upon
the type of regulated entity, to determine compliance with
the requirements of Section 6.24.037 of this eode. If the
enforcement officer and/or the City's designee determines
that an organic waste generator, back-hauler, hauler, or
other entity is not in compliance with such section, the
enforcement officer and/or the City's designee shall provide
educational materials tc the entity, describing its obligations
under Section 6.24.037 of this code and that violations may
be subject to admiiiistrative citations, fines, civil penalties or
other remedies beginning on January 1, 2024.
B. Beginning January 1, 2024, any person who
violates atxy provision of Section 6.24.037 of this code shall
be subject to the penalties as provided in Section 6.24.240
of this code.
C. The enforcement officer and/or tlie City's
designee will monitor compliance with Section 6.24.037 of
this code through compliance reviews, route reviews,
investigation of complaints, and an inspection progranq (that
may include remote monitoring, if sucli a prograni is
adopted).
D. The enforcement officer may issue a notice of
violation requiring compliance within sixty (60) days of
issuance of the notice. (Ord. 21-2231, F3 1, 2021)
6.24.038 Mandatory Edible Food Recovery.
6.24.038.010 Requiren'ients for Conunercial Edible
Food Generators.
A. Tier one commercial edible food generators must
comply with the requirements of this section eorninencing
January 1, 2022, and tier two cornmercia edible food
generators must comply comn'iencing January l, 2024,
pursuant to 14 California Code of Regulations Section
18991.3.
B. Large venue or large event operators not
providing food services, but allowing for food to be
provided by others, shall require food facilities operating at
the large yenue or large event to comply with the
requirements of this Section, commencing Januar)i 1, 2024.
C. Tier one and tier two commercial edible food
generators shall comply with the following requiren'ients:
1. Arrange to recover the maximum amount of
edible food that would otherwise be disposed.
2. Contract with, or enter into a writt.en agreement
with, food recovery organizations or food recovery services
for: (a) the collection of edible food for food recovery; or,
(b) acceptance of the edible food that the commercial edible
food generator self-hauls to the food reeovery organization
for food recovery.
3. Shall not intentionally spoil edible food that is
capable of being recovered by a food recovery organization
or a food recovery service.
4. Allow the department or designee to access the
premises, conduct inspections, and review electronic and
hard copy records pursuant to 14 California Code of
Regulations Section 18991.4.
5. Keep records that include the following
information, or as otherwise specified in 14 California Code
@f T(eglilations Section 1899L4:
(a) A list of each food reeovery service or
organization that collects or receives its edible food pursuant
to a contract or written agreement established under 14
California Code of Regulations Section 1899L3(b).
(b) A copy of all contracts or written agreements
established under 14 California Code of Regulations Section
18991.3(b).
(c) A record of the following inforrnation for each of
those food recovery services or food recovery organizations:
(i) The nanie, address and contact information of the
food recovery service or food recovery organization.
(ii) The §pes of food that will be collected by or
self-hauled to the food recovery service or food recovery
organxzation.
(iii) The established frequency that food will be
collected or self-hauled.
(iv) The quaixtity of food, measured in pounds
recovered per month, collected or self-hauled to a food
recovery service or food recovery organization for food
recovery.
D. Tier one commercial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
accordiixg to the following schedule:
1. On or before August 1, 2022, tier one
commercial edible food generators shall submit a food
recovery report for the period of January l, 2022 through
June 30, 2022.
2. On or before May 1, 2023, and on or before May
1st each year thereafter, tier one commercial edible food
generators shall subinit a food recovery report for the period
covering the entire previous calendar year.
E. Tier two commercial edible food generators shaII
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before May 1, 2025, and on or before May
1st each year thereafter, tier two commercial edible food
generators shall submit a food recovery report for the period
covering the entire previous calendar year.
2021 S-84
16G Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24,038.010
F. Food recovery reports submitted by tier one and
tier two commercial edible food generators shall include the
following information:
1. The name and address of the commercial edible
food generator;
2. The name of the person responsible for the
commercial edible food generator's edible food recovery
program;
3. A list of all contracted food recovery services or
food recovery organizations that collect edible food from the
commercial edible food generator;
4. The total number of pounds of edible [ood, per
y(,y, donated through a c.ontraeted food recovery
organization or food recovery service.
G. Nothing in this chapter shall be constnied to limit
or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or share table and sc.hool food
donation guidance issued by the California Department of
Education pursuant to Senate Bill 557 (2017). (Ord.
21-2231, § 1, 2021)
6.24.038.020 Requirements for Food Recovery
Organizations and Services.
A. Food recovery services collecting, receiving, or
coordinating the collection of edible food directly from tier
one or tier two con'iniercial edible food generators, via a
contract or written agreement established under 14
California Code of Regulations Section 18991.3(b), shall
maintain the following records, or as otherwise speeified ly
14 California Code of Regulations Section 18991.5(a%l):
1. The name, address, and contact information for
each commercial edible food generator from which the
service collects edible food.
2. The quantity in pounds of edible food collected
from each eomrnercial edible food generator per month.
3. The quantity in pounds of edible food transported
to each food recosiery organization per month.
4. The naine, address, and contact iixformatioxi for
each food recovery organization that the food recovery
service transports edible food to for food recovery.
B. Food recovery organizations collecting,
receiving, or coordinating tlie collection of edible food
directly from tier one or tier two corni'i'iercial edible food
generators, via a contract or written agreement establisl'ied
under 14 California Code of Regulations Section
18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations
Section 18991.5(a%2):
1. The nan'ie, address, and contact information for
each commercial edible food generator from svhich the
organization receives edible food.
2. The quantity in pounds of edible food received
from each cornrnercial edible food generator per month.
3. The name, address, and contact information for
each food recovery service that the organization receives
edible food from for food recovery.
C. Food recovery organizations and food recovery
services that have their primary address physically located
in the City and contract with or have written agreements
with one or more tier one or tier two cornrnercial edible
food generators pursuant to 14 California Code of
Regulations Section 18991.3(b) shall submit food recovery
reports meeting the requirements of Section 6.24.038 of this
code to the department or designee according to the
following schedule:
1. On or before August 1, 2022, food recovery
organizations and foodrec6very services shall submit afood
recovery report for the period of January 1, 2022 through
June 30, 2022;
2. On or before May 1, 2023, and on or before May
1st each year thereafter, food recovery organizations and
food recovery services shall submit a food recovery report
for the period covering the entire previous calendar year.
D. Foodrecoveryreportssubmittedbyfoodrecovery
services or organizations shall include the following
information:
1. Total pounds of edible food recovered in the
previous calendar year from tier one and tier two edible
food generators with whom the reporting entity has a
contract or written agreement pursuant to 14 California
Code of Regulations Section 18991.3(b).
2. Total pounds of edible food recovered in the
previous calendar year from the tier one and tier two
cornrnercial edible food generators within Santa Clara
County with whom the reporting entity has a contract or
written agreement pursuant to 14 California Code of
Regulations Section 18991.3(b).
E. In order to support edible food recovery capacity
planning assessments or other studies conducted by the
County of Santa Clara, the City, or designee, food recovery
services and food recovery organizations operating in the
City shall provide information and consultation to the City,
designee, or department, upon request, regarding existing,
or proposed new or expanded, food recovery capacity that
could be accessed by the City and its tier one and tier two
commercial edible food generators. A food recovery service
or food recovery organization contacted by the City, the
department, or designee shall respond to such request for
information within sixty (60) days, unless a shorter
tirnefrarne is specified. (Ord. 21-2231, § 1, 2021)
2021 S-84
6,24.038,030 Cupertino - Franchises 16H
6.24.038.030 Edible Food Recovery Inspections and
Investigations by Department or
Designee.
A. The department and/or designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators to confirm compliance
with this chapter by tier one and tier two commercial edible
food generators, food reeovery services, and food recovery
organizations, subject to appIicable laws. This section does
not allow the department or designee to enter the interior of
a residential premises for inspection.
B. Regulated entities shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
department's or designee's employees during such
inspections and investigations. Such inspections and
in'vestigations may include in-person or electronic review of
edible food recovery activities, records, or any other
requirement of this chapter described herein. Failure to
proyide or arrange for access to the premises or aeeess to
records for any inspection or investigation is a violation of
this chapter and may result in penalties described in Section
6.24.038.040 of this code.
C. Any records obtained by the departrnent or
designee during inspections, and other reviews shall be
subject to the requirements and applicable disc)osure
exemptions of the Public Records Act as set forth in
Government Code Section 6250 et seq.
D. Representativesofthedepartmentand/ordesignee
are authorized to conduct any inspections, or other
investigations as reasonably necessary to further the goals of
this chapter, subjeet to applicable laws.
E. Department shall reeeisie written complaints,
including anonymous complaints, regarding entities that may
be in violation of this chapter. Complaints shall ii'iclude the
name and contact information of the complainant, if the
complainant is not anonymous; the identity of the alleged
violator, if known; a description of ilxe alleged violation
including location(s) and all other relevant facts known to
the complainant; aiiy relevant photographic or doeumentary
eyidence to support the allegations in the complaint; and the
identity of any witnesses, ita known. (Ord. 2I-223I, 8) 1,
2021)
6.24.038.040 Enforcement.
A. Administrative Fine. Violation of any provision
of this chapter shall constitute grounds for issuance of a
notice of violation and assessment of an administrative fine
by the department. Absent compliance by the respondent
within the deadline set forth in the notice of violation, the
department shall commence an action to in'ipose penalties,
via an administrative citation and fine.
B. Notice of Violation. Before assessing an
administratiye fine, the department shall issue a notice of
violation requiring compliance within sixty days of issuance
of the notice. The notice shall include: (l) the name(s) of
eacli person or entity to whom it is directed, (2) a factual
description of the violations, including the regulatory
section(s) being violated, (3) a compliance date by 'ivhich the
respondent is to take specified action(s), and (4) the penalty
for not complying before the specified deadline.
C. Extensions to Compliance Deadlines. The
denartment mav extend the comoliance deadlines set forth in
a notice of violation if it finds tl'iat there are extenuating
circumstances beyond the control of the respondent tl'iat
make compliance within the deadlines impracticable,
including the following:
1. Acts of God such as earthquakes, wildfires,
flooding, and other emergencies or na?ural disasters;
2. Delaysinobtainingdiscretionarypermitsorother
government agency approvals;
3. Deficiencies iix edible food recoyery capacity and
the existence of a corrective action plan imposed pursuant to
14 California Code of Regulations Section 18996.2 due to
those deficiencies; or,
4. Any other circumstance in which the department
director, in their sole discretion, finds good cause to extend
the compliance deadlines.
D. Administrative Citations. If the respondent fails
to correct the violation by the compliance date, the
department shall issue an administrative citation and fine.
The citation shall include a description of the administrative
citation appeal process, including the designated hearing
officer, the time within which the administrative citation
'inay be contested, and instructions for requesting a hearing.
E. Amount of Fine. The amount of the
administrative fine for each violation of this chapter shall be
as follows:
1. For a first violation, the amount of the base
penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base
penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of
the base penalty sliall be $250 to $500 per violation.
F. Factors Considered in Deterinining Penalty
Amount. The folIowing factors shall be used to determine
the amount of the penalty for each violation within the
appropriate penalty range:
1. The nature, circumstances, and severity of the
violation(s).
2. The violator's ability to pay.
3. The willfulness of the violator's misconduct.
2021 S-84
16I Garbage, Non-Organic Recycling and Organic Waste Recycnng Collection and Disposal 6.24.030
4. Whether the violator took measures to avoid or
mitigate violations of this chapter.
5. Evidenee of any economic benefit resulting erom
the violation(s).
6. The deterrent effect of the penalty on the violat.or.
7. Whether the violation(s) were due to eonditions
outside the control of the violator.
G. Appeals. Persons receiving an administrative
citation for an uncorrected violation may request a hearing
to appeal the citation. The City will designate a hearing
officer who shall conduct the hearing and issue a firial
written order. The hearing officer may be a City official or
ancther public agehcy desigpated by the City. The hearing
officer shall be identified in the administrative citation. A
hearing will be held only if it is requested within fifteen (15)
days from the date of tl"ie notice of the administrative
citation.
H. Other Remedies. Other remedies allowed by ].aw
may be used to enforce this chapter, iiicluding ciyil action or
criminal prosecution as misdemeanor or infraction. The
department and/or City may pursue civil actions in the
California courts to seek recovery of unpaid administrative
citations. The department may choose to delay court action
until such time as court action is a reasonable use of staff
and resources.
I. EducationPeriodforNon-Compliaiqce. Beginning
January 1, 2022, and through December 31, 2023, the
department and/or designee will conduct inspections arid
compliance reviews. If the department and/or design.ee
determines that a tier one con'imercial edible food generator,
food recovery organization, food recovery service, or otber
entity is not in compliance utitli Section 6.24.038 of this
code, it shall provide educational materials to tlie entity
describing its obligations under Section 6.24.038 of this
code and a notice that compliance is required. It shall al.so
provide notice that violations may be subject to
administrative civil penalties starting on January 1, 2024.
(Ord. 21-2231, F§ 1, 2021)
6.24,040 Commencement of Solid Waste Collection
Service.
The owner or tenant shall conunence solid waste
collection service within ten days after occupancy of a
premises, or portion thereof. In the event service is riot
initiated within such period of tin'ie, the Director may give
written notice to the owner or tenant that solid waste
collection service is required. If service is not initiated by
the owner or tenant within ten days afier the date of mailing
the notice, tlie Director sball authorize the solid waste
collector to begin and continue providing the minimurn Ieve}
oF solid waste collection service to such pren'ffses and tkie
service shall be deemed to have been made available as of
the date of such authorization. (Ord. 15-2130, § I (part),
2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, 8, 1 (part),
1991)
6.24.050 Frequency of Disposal.
No more tlian one week's accumulation of garbage
shall be kept or permitted to remain upon any premises in
tlie City. At least once a week, all garbage and organic
waste produced, kept, deposited, placed or accumulated
within any premises in the City shall be disposed of in
accordance with the provisions of this chapter. Dry
non-organic recyclables may be accumulated for up to one
month (if necessary to reasonably fill the collection
container), so long as they are not stored witliin view of the
public right of way and are kept in appropriate containers.
(Ord, 15-2130, S, I (part), 2015; Ord. 2069, § I (part),
2010; Ord. 15-/2, S, 1 (part), 1991)
6.24.060 Method of Garbage, Organic Waste and
Non-Organic Recyclables Disposal.
All garbage, organic waste aixd non-organic recyclables
subject to solid waste collection service shall be disposed of
by delivery of the appropriate container to an authorized
collection station, located as to be readily accessible for the
removal and emptying of its contents by the solid waste
collector. (Ord. 21-2231, S, 1, 2021; Ord. 15-2130, S) 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1
(part), 1991)
6.24.070 Garbage, Organic Waste and Non-Organic
Recyclables Containers.
A. All garbage, organic waste materials and
non-organic recyclables containers shall be kept in a sanitary
eondition uiith the lid closed or cap secured, except when
being loaded or unloaded.
B. Garbage,organicwastematerialsandnon-organic
recyclables containers for residential premises shall be
provided by the solid waste collector and be sized based on
the level of subscription for services requested by the
resporisible party or as :t'nay be required by this Chapter
6.24. Containers shall not be loaded witl'i n'iore n'iateriaIls
than will fit in the container with tlie lid closed or cap
secured, or in excess of the weight limit marked on the
container. All containers for business structure premises
shall be provided by or approyed by The solid waste
collector, except for industry approved grease or cooking oil
tallow bins that shall be provided by a designated tallow
hauler.
C. Garbage, organic waste and non-organic
recycling containers shall be collected by the solid waste
2021 S-84
6.24.070 Cupertino - Franchises 16J
collector when the containers are placed at the collection
station; provided, however, that the collection snay be made
at such other location upon approval by the Director, based
on the services subscribed for by the responsible party.
D. Garbage containers, organic materials containers
and non-organic recycling containers shall be placed at the
authorized collection station not more than hventy-four
hours before the scheduled collection time, unless the
resident subscribes for 'Walk-Up' services. All containers
shall be removed from the collection station area witliin
twenty-four hours after collection. Where containers are
placed within a designated bike lane, containers shall be
removed vviithip tviietve hours after ccllectiori. A1I bins,
boxes, and containers of one cubic yard or more, wl'ffcli are
serviced by the solid waste collector, shall be identified with
the name and telephone number of the collector servicing tl'ie
bins, boxes andcontainers. (Ord. 15-2130, § 1 (pai't), 2015;
Ord. 2069, 83 1 (part), 2010; Ord. 1626, (part), 1993; 1572,
S) 1 (part), 1991)
6.24.080 inappropriate Containers.
It is the duty of the authorized solid waste collector,
unless otherwise allowed under the current franchise
agreement, to provide the bins, boxes and containers. Tl'ie
use of garbage, organic materials and non-organic recycling
containers which do not meet the standards set fortli u'i
Section 6.24.070 of this chapter shall be subject to
regulations prescribed by the Director. The solid tvaste
collector may propose for City approval additional charges
to be paid the solid waste collector for the collecting and
transporting of the inappropriate containers or waste
containedtherein. (Ord. 20-2218, § 6, 2021; Ord. 15-2130,
§ 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1626,
(part), 1993; Ord. 1572, § l (part), I991)
6.24.090 Burning Restrictions.
It is unlawful for any person to burn, or cause to be
burned, any solid waste within the City or to burn, or cause
to be burned, any waste upon public streets, ways or alleys.
(Ord. 15-2130, e, I (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 199].)
6.24.i00 Disposal of Explosive or Hazardous Material
Restrictions.
No person shaIll deposit in any garbage organic waste
or non-organic recycling container any explosisie, highly
inflammable or otherwise hazardous material or substance.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, 8) 1 (part),
2010; Ord. (572, 8, I (part), 1991)
6.24,110 Unauthorized Disposal Prohibited.
A. It is unlawful for any person or entity in the City
to throw, deposit or store refuse, garbage or hazardous
waste, or to cause the same to be thrown, deposited or
stored, upon any street, alley, gutter, park, or other public
place. Furthermore, no property owner andlor tenant with
control over any premises shall keep or maintain any
garbage, non-organic reeyclables, organic waste, hazardous
materials, or any waste effluent such as grease or oil on any
premises within the City other than in containers as required
by Section 6.24.070 and/or any other provisions of this
chapter. Waste water must go to the sanitary sewer; if it
contains oil or g-i-ease a grease trap may be required.
B. Nothing contained in Section 6.24.070, Section
6.24.080 or tl'ffs Section 6.24. 110 shall pre'vent a property
owner and/or tenant with control over any residential
premises from keeping or maintaining organic waste in a
residential composting bin designed and intended for
residentialcompostiiyg. Residentialcompostingmaterialsand
containers shall not be stored in public view. (Ord.
15-2130, !) 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord.
1572, 8, L (part), 1991)
6.24.120 Franchise Granting Authority.
The City Council may award an exclusisie franchise to
any person or entity the Council believes is qualified to
perform solid waste col.leetion service. Such franchise
agreement shall require the solid waste collector to render
service to all residential and noiu'esidential premises within
the City in accordance with the provisions of this chapter
and in conformity with such regulations as may be adopted
by the Director with the approvaJ of the City Council.
Additional terms of such franchise agreement shall not
conflict uiith any of the provisions of this chapter, Chapter
9. 16 or Chapter 10.48. (Ord. 20-2218, 8, 7, 2021 ; Ord. 15-
2130, S, 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord.
1572, S, 1 (part), 1991)
6.24.150 Charges for Solid Waste Collection Service.
The City Council reserves the right to establish by
resolution a maximum scliedule of rates and charges for aIl
levels of solid waste collection services to be rendered by
the solid waste collector, i.;vho shall then have authority to
collect such rates and charges. The schedule may be
changed from time to time in the manner prescribed by the
franchise agreement between tlie City and the solid waste
collector. (Ord. 20-2218, § 8, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § I (part), 2010; Ord. 1572, S, 1
(part), 1991)
6.24.L60 Entitlement to Collect for Solid Waste
Conection Service.
The solid waste collector shall be entitled to payment
from the recipient of solid waste collection service for any
services rendered or to be rendered by the solid waste
eollector. Upon failure to make such payment, the means of
2021 S-84
16K Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.160
colleeting delinquent charges shall be in accordance with the
procedures set forth in Sections 6.24. 170 through 6.24. 180
of this Chapter. (Ord. 20-2218, 8, 9, 2021; Ord. 15-2130,
§ 1 (part), 2015; Ord. 2069, 8) ] (part), 2010; Ord. 1572,
8, I (part), 1991)
6.24.170 Notification of DeIiiiquency.
If a bill for solid waste collection service becomes
delinquent, the solid waste collector shall send or deliver
notice of delinquency in the form and manner set forth in the
franchise agreement, and indicating the amount owed for
solid waste collection service, including the amount of late
charges that may be imposed thereon, and adyising that
failure to pay the same will result in increased penalties and
that the solid waste collector may pursue other remedies
consistent with law regulating the collection of debts. (Ord.
20-2218, 8, 10, 2021; Ord. 15-2130, 8, 1 (part), 2015; Ord.
2069, 8, 1 (part), 2010; Ord. 1572, F3 1 (part), 1991)
6.24.180 Remedies for Delinquent Account.
If a bill for solid waste collectio'i'i service ren'iains
delinquent for more than forty-five (45) days, ai'id the solid
waste collector has given notice as required herein, the solid
waste collector shall be entitled to colleet a late charge in
such amount as set forJh in the franchise agreement with tlie
solid waste collector. In the event the bill for solid waste
collection service, together witli any late charge thereon,
remains delinquent for more thari ninety (90) days, and the
solid waste collector has given notice as required herein, the
solid waste collector may pursue any remedies consistent
with the franchise agreement and law regulating the
collection of debts for services rendered by the solid uiaste
collector. (Ord. 20-2218, § 11, 2021; Ord. 15-2130, § l
(part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1.572, 83 I
(part), 1991)
6.24.190 Recycle Centers.
The City may operate one or n"iore centers for the
collection of recyclable materials or may enter into a
contract with a private party to operate such centers. The
City may contract with the same solid waste collector
awarded the franchise for solid waste collection service or
with any other party for the processing and traiisportation of
the reeyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
designate what material shall be deemed recyclable and
which may therefore be disposed of by delivery to a recycle
center. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, 8, I
(part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.200 Unauthorized Solid Waste Collection.
A. No person shall collect any garbage, mixed
non-organic recyclables, or organic waste from containers
provided by the solid waste collector when the containers
are located at the collection station and/or within a solid
waste enclosure recycling area, unless such person is an
agent or employee of the City acting within the course and
seope of his employment, or has been awarded a franchise
by fhe City to act as solid waste collector.
B. No person shall collect any garbage, mixed
non-organic recyclables, organic waste, or construction and
demolition materials through the use of debris boxes,
c.ompactors and bin-by-the-day seryices, which is produeed,
kept or accumulated witli the City, unless sueh person is
an agerit or employee of tlie City acting within the course
and scope of his employment, or has been awarded a
franchise by the City to act as solid waste collector. The
City sl'iall notify any person or entity violating this section
that the prompt and permanent removal of any collection
bin, box or container from the plaee or premises is required.
The City's solid waste collector may take legal action to
protect tlie exclusive rights granted to tlie solid waste
collector in the franchise agreement. 'The following
situations are exempt from this section:
1. The transporting of garbage or non-organic
recyclables and organic waste by the property owner, that
have been generated on the property lay the owner of the
property or by aix individual or entity leasing or rentuig the
property from the property owner.
2, Collection of non-organic recyclable materials or
organic material which have been source separated fron'i
other solid waste by the generator and whicli the generator
sells or donates to any other person or organization, or anti
orgai-iie or xion-organic recyclable materials whicli have a
value equal to or more than the cost of collection.
3, Removal of construction, remodeling or
deniolition debris as part of a total service offered by the
contractor, where the removal is performed by an en'iployee
of the contractor usu'xg only equipment owned by the
COritraetor.
4. Removal of green waste or plant trin'imings by a
gardening, landscaping, or tree trimming contractor as an
incidental part of a total service offered by that contractor.
5. Collection of grease wastes from grease biixs,
grease traps or grease interceptors.
6. Collection of liorse manure from residences or
ri.on-residential properties.
7. Collection of hazardous materials.
8. Collection of non-hazardous material that is
greater than fifty percent (50 %) liquid (including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, § 1
(part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, § l (part),
2010; Ord. 1572, !jl (part), 1991)
2021 S-84
6.24.210 Cupertino - Franchises 16L
6.24.210 Interfering with Solid Waste Collection
Service.
No person shall, in any marmer, interfere with the
performance of solid waste collection services being
rendered by m agent or employee of the City acting within
the course and scope of his employment, or being rendered
by the authorized solid waste collector. (Ord. 15-2130, 8) I
(part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1572, F3 l
(part), 199L)
6.24.220 Unauthorized Use of Solid Waste CoUection
Service.
No person shall deposit, place or accumulate, or allow
the deposit, placement or accumulation upon a pren'iises for
pick up by the solid waste collector, any soIid waste
produced from another premises where such action results
in the avoidance or reduction of aity solid waste collection
service charges that would otherwise be payable for
collection of si.ich solid waste from the premises at which it
was produced. (Ord. 15-2130, 8, 1 (part), 2015; Ord. 2069,
§ I (part), 2010; Ord. ]572, F3 1 (part), 199])
6.24.230 Rules and Regulations Adopted.
A. The Director sliall adopt such rules and
regulations as may be necessary for the proper
administration and enforcement of this chapter, and any
franchise, contractorlicenseissuedorexecutedthereunder,
including regulations relating to tlie required frequency of
collection from various types of places and premises, and
the types of special containers required for certain classes of
places and premises.
B. The Director shall resolve all disputes concerning
tlie adnnnistration of this chapter and any franchise,
contract, or license issued or executed there under. Any
affected person who is dissatisfied with the determination of
the Director may, within ten days after such deeision appeal
the same to the City Council. Such appeal must be in
writing, filed with the City Clerk, and must set forth tbe
reasons for such appeal.
C. Disputes concerning the enforcement of this
chapter by an administrative citation issued pursuant to
Chapter 1.10 sliall be resolved ?y n'ieans of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continued, duriiig the time
ai'iy sucli appeal is pending. (Ord. 15-2130, § ]. (part),
2015; Ord. 2069, e) I (part), 2010; Ord. 1572, (il (part),
1991)
6.24.240 Violation-Penalty.
The City may address violations of this chapter by
issuing administrative citations, fines, and penalties as set
forth in Chapter LIO of this code. Alternatively, the City
may prosecute any violation of this chapter as a
misdemeanor, punishable as provided in Chapter i. 12 of this
Code. (Ord. 21-2231, S, 1, 2021; Ord. 15-2130, § l (part),
2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (partl
1991)
2021 S-84
9,16.010
CHAPTER 9.16: SOLID WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9.16.010 Purpose.
9.16.020 Definitions.
9. 16.030 Applicability of regulations.
9. 16.040 Site development regulatiops.
9.16.045 Solid waste, non-organic recycling and
organic recycling enclosures
9. 16.050 Maintenaixce and collectioxi.
9.16.060 Violation-Penalty.
9.16.010 Purpose.
A. TheCityisrequiredtocomplywiththeapplicable
provisions of the California Integrated Waste Management
Act (AB939 or "Act"), as amended, which is codified in the
Califoriiia Public Resource Code beginning at section
40000. The Act requires tliat by axxd after Jaiquary 1, 2000,
fifty percent (50%) of the solid waste generated must be
divertedthroughsourcereduction, recyclingaixdcomposting
activities. In 2014, the Act was aniended by Assembly Bill
1826 which requires that by April 1, 2016 a business that
generates eight (8) cubic yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by January 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste;
by January 1, 2019, a business that generates four (4) cubic
yards or more of commercial solid waste per week, must
arrange for recycling services specifically for organic uiaste;
by January 1, 2020, if the St.ate determines that statewide
disposal of organic waste l'ias not been reduced to fifty
percent (50%) of the level of disposal during 2014, a
business that generates two cubic yards or more per week of
cornrnercial solid waste must arrange for the orgai'ffc waste
recycling, unless the State determines that this requirement
will not result in significant additional reductions of organics
disposal.
B. The lack of adequate areas for collecting aiid
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need for the
City to address access to solid wast.e for source reduction,
recycling and composting aetivities. Tlie State Legislature,
in passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all local agencies
to adopt an ordinance relating to adequate areas for
c.ollecting and loading recyclable materials in development
projects. The City has adopted the State's model ordinance
to fit local conditions, in a manner that complies with AB
1327.
C. Assembly Bill 1826 authorizes the City to allow
certain exemptions from the organic waste recyclmg,
including, but not limited to, if there is a lack of sufficient
space in multifamily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-2130,
8, 2 (part), 2015; Ord. 2085, Fy 2 (part), 2011; Ord. 1671,
(part), 1994)
9.16.020 Definitions.
The words and plu'ases used in this chapter haye tl'ie
sanie meaniixg as set forth in Section 6.24.020 of this Code
unless 4efined in th.is section. Tn which case, as used in this
chapter:
A. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
B. "Development project" means any of the
following:
1. A projeet for which a building permit is required
for a commercial, industrial, institutional or quasi-public
building, or residential building liaving five or more living
units, xihere solid waste is collected and loaded.
:2.. Any residential project where solid waste is
collected and loaded in a location serving five or more living
units.
3. Any new public facility where solid waste is
collected and loaded, ineluding any improvements to the
areas of a public facility whieh ai'e used for collecting and
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts there
is an area where solid waste is collected and loaded in a
loeation which serves five or more living units. In such
instances, recycling areas as specified in this chapter are
only required to serve the needs of the living units which
utilize the solid waste collection and loading area.
2015 S-49 34B-1
9.16.020 Cupertino - Health and Sanitation 34B-2
C. "Improvement" means a site or building change
which adds to the yalue of a facility, prolongs its useful life,
or adapts it to new uses, including but not limited to a
building permit, development permit, or use permit.
D. "Director" means the Director of Public Works
and his/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constituting the preinises to which
solid waste collection service is provided.
F. "Project applicant" means any person, firm, or
governmental agency who executes the necessary forms to
procure official appro'val of aproject, landuse modifieation,
@y 3 perm.it to rB3)py riqi constriietion of B project.
G. "Public facility" means, but is not limited to,
buildings, stnictures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting and loadiiig of recyclable materials including solid
waste. Such areas sliall have the ability to accommodate
receptacles for non-organic and organic recyclable
materials, solid waste and grease or cooking oil. Recycling
areas shall be accessible and convenient for those who
deposit as well as those who collect and load the recyclable
materials and solid waste placed in the receptacl.es.
Recycling area is also referred to as solid waste,
non-organic recycling and organic recycling enclosures in
this Chapter.
I. "Trioset(s)"meansasetofpermanentlyinstalled
(anchored to the ground) outdoor rcceptacles consisting of
three separate containers one each for solid waste,
non-organic recyclables and organic waste, each labeled to
indicate the material type contained therein, and installed
together in a visible eollection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or liquid wastes (collectively
"wet waste") which, if left out in the open as opposed to in
a secured container, eould create a public nuisance as well
as a stormwater violation, is a wet waste business. Sucb
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
15 -2130, 8, 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord.
16 71, (part), 1994)
9.16.030 Applicability of Regulations.
A. The site development regulations prescribed in
Section 9. 16.040 of ttiis code shall apply to all businesses,
business stnictures and project sites which are subject to
City review and approval for improvements, changes or
modifications.
B. The City may exempt business structures, owners
and/or project applicants from the obligation to comply with
some or all of the requirements of this chapter and Chapter
6.24 of this code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, § 1,
2021; Ord. 15-2130, 'g 2 (part), 2015; Ord. 2085, § 2 (part),
2011; Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
All projeets as provided for in Section 9.16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated organfic
materials, solid waste, includin,g grease and cooking oil.
Covered recycling areas built to enclose solid waste,
recycling and organics containers, and grease tallow bins are
considered accessory structures and are thus subject to the
provisions of Chapter 19. 100.
A, Recycling areas shall not be located in any area
required to be constructed or maintained as unencumbered,
according to any applicable federal, state or local laws
relating to fire, access, building, transportation, circulation
or safety.
B. The development of new or modified recycling
areas shall generally comply with ffie City's Public Works
Guidelines for "Non-Residential Building Trash &
Recycling Enclosures or Guidelines for Multi-Family
Dwelling (5 or more units) Trash and Recycling
Enclosures."
C. Any costs associated with adding garbage and
recycling enclosure storage space to existing development
projects shall be the responsibility of the project applicant or
owner.
D. Recycling areas for existing multiple tenant
development projects shall, at a minimum, be sufficient in
capacity, number, and distribution to serve that portion of
the development project leased by ihe tenant who submitted
an application resulting in the requirement of a recycling
area under Section 9.16.030.
E. Outdoor Public Recycling, Organics and Garbage
Containers:
1. Trio set(s) must be installed by the project
applicant or property owner at all new, improyed or
modified business stnichires. An alternative set of bins that
provide equal eontainrnent of publie litter may be allowed if
deemed appropriate by the Director. If the Director
determines thatthe potential impact fromlitter in the vicinity
of the business is negligible, this requirement may be
wai'ved.
2021 S-84
37 Protected Trees 14.18.130
B. Where approval of a tree removal permit that is
subject to the notice and posting requirements of this section
is granted by the City, the property owner shall retain the
posted notice on site until the tree is removed.
C. Specimen trees with single trunk under
twenty-four inches DBH or multi-tnink under forty-eight
inches DBH, and trees listed under exemptions in Section
14. 18. 150 do not require notice or posting. (Ord. 14-2126,
8, 3 (part), 2014; Ord. 13-2107, 8, 2 (part), 2013; Ord. 2085,
8, 2 (part), 2011; Ord. 2003, 2007)
:L4. 18.140 Tree Management Plan.
A (prop IIlB;gement plan may be ant p'roved for a
property that includes criteria for tlie removal of certain
trees in the future by anticipating the eventual growth of
trees on the property and specifying a time frame in which
the trees may require removal to prevent overcrowding of
trees. Additional criteria may be considered for the piiased
removal of trees, including, but not limited to: site
maintenance, accessibility iinprovements, natural tree
lifespan, and landscape/site improvements tl'iat are
determined to be appropriate by tlte Couununity
Development Director.
A. Application. An aplilication for a tree
management plan sliall contain the following:
1. A tree plan indicating all existing trees to be
retained and all new trees to be plaiqted that ai-e part of the
approved landscape plan;
2. Labeling of tlie species, size in DBH at planting
time or at time of tree managen'ient plan approval, location
and evenffial growth size of each tree on the plan;
3. A written explanation of the specific tree(s) to be
removed, including the eventual growth size in DBH at
which time the tree is to be remoiied, and a time franie in
which the tree(s) will reach the eveniual growth size;
4. Tree survey plan indicating the xiumber,
location(s), variety and size (measured four ai'id a half feet
above grade) of tree(s) to be removed;
5. A strategic replacement planting plan to manage
growth during tree growtb phases;
6. An arborist report from an arborist certified by
the International Society of Arboriculture for all mature
specimen trees; and
7. Notice and posting to residence, Section
14. 18. 130.
B. Approval authority. An application for a tree
management plan in conjunction with a development
application shall be considered by the approval authority
concerning the same property as the affected tree
management plan application, and the determination on the
tree management plan shall be made concurrently by the
approval authority. In the instance where a development
applicant is not required per Table 19. 12.030, the Director
of Cornrnunity Development shall review and approve the
tree management plan.
C. Recordation. The property owner shall have
retention information placed on the property in accordance
with Section 14.18.100, referring the approved tree
management plan, upon approval.
D. Permits. Trees that are listed to be removed in the
tree management plan may be removed within the specified
time frame per the tree management plan without a tree
removal permit, except for trees designated as heritage
trees. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, F3 2
(part), 2013; Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007)
14.18.150 Exemptions.
A. A tree removal permit is not required in the
following situations:
1. Non-mature specimen tree(s) with single-trunk
less than twetve inches DBH or multi-trunk less thpn
twenty-four inches DBH.
2. Thinning out/removing of trees in accordance
with a recorded tree management plan that has been
approved in accordance with Section 14. 18. 140.
3. Public utility actions, under the jurisdiction of the
Public Utilities Commission of the State of California, as
may be necessary to comply with their safety regulations, or
to maintain the safe operation of their facilities.
B. Thefollowingcirciunstanceswarranttheremoval
of trees prior to securing a permit from the City; however
a tree removal permit application, with no application fees
or noticing required, must be filed within five working days
as described in Sections 14. 18. 170. Tree replacements may
be required in conjunction with approval of this tree removal
permit (Section 14.18. 160):
1. Removalofaprotectedtreeincaseofemergency
caused by the hazardous or dangerous condition of a tree,
requiring immediate action for the safety of life or property,
including but not limited to, (e.g., a tree about to fall onto
a principle dwelling due to heavy wind velocities, a tree
deemed unsafe, or a tree having the potential to immediately
damage existing or proposed essential stnictures), but only
upon order of the Director of Community Development, or
any member of the sheriff or fire department. However, a
subsequent application for tree removal must be filed within
five working days as described in Sections 14.18.110
through 14.18.120. The Director of Community
2014 S-46
14.18.150 Cupertino - Streets, Sidewalks and Landscaping 38
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this situation.
2. Dead trees, as determined by the Director of
Community Development prior to removal. However, a
subsequent application for a tree removal must be. filed
within five working days as described in Sectioii 14.18. 110
through 14.18.120. The Director of Community
Development will approve the retroactive tree removal
permit application and may require tree replacements in
c.onjunction with the approval. No application fee or other
approval process shall be required in this situation. (Ord.
14-2126, F§ 3 (partl 2014; Ord. 13-2107, S, 2 (part), 2013;
Ord. 2085, 8) 2 (part), 2011; Ord. 2003, 2007; Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 7. 1, 1991)
14.18.160 Tree Replacement.
A. Tree replacement:
I. The approval authority may impose the following
replacement standards for approval of each tree to be
removed in conjunction with aix approyed tree removal
permit, unless deemed otherwise by the approval authority.
Table 14.18.160A may be used as a basis for tl'iis
requirement.
Table I4.I8.160A - Replacement Tree Guidelines
2. The approval authority shall work with the
applicant/property owner of the tree removal permit to
determine the location of the replacement tree(s).
B. In lieu fees. The following provisions apply to all
zones unless otherwise noted below:
1. Ifareplacementtreecannotreasonablybeplanted
on the subject property as determined by a eertified arborist,
an in-lieu fee shall be paid by the person requesting the tree
removal permit. Fees shall be paid to the City's Tree Fund
to:
a. Add or replace trees on public property iri the
'vicinity of the subject property; or
b. Add trees or landscaping on other City property.
2. The in-lieu fee for a mature specimen tree with
ti'unk size equal to or less than thirty-six inches, shall be
based upon the purcliase and installation cost of the
replacement tree as determined by the Director of
Community Development.
3. The in-lieu tree replacement [aee for a heritage
tree or tree with a trunk size greater than thirty-six inches,
sliall be based upon the valuation of the removed tree by
using the most recent edition of the ISA Guide for Plant
Appraisal published by the Council of Tree and Landscape
Appraisers.
4. If the subject property is within the Rl, Al, A,
RHS, and R2 zones, the person requesting the tree removal
permit lias the option to pay the fee in-li.eu of planting a
replacement tree.. Where the applicant would like to plant a
replacement tree, but demonstrates it is physieally infeasible
to plant on the subject property, the in-lieu fee shall be
based on the purchase and installation cost of the
replacement tree as determined by tbe Director of
Community DeveIopment. In cases where it is physically
feasible to plant, but the applicant chooses to pay the in-lieu
fee instead of planting a replacement tree on the subject
'property, payment shall be equivalent to one and one-half
the calculated in-lieu tree replacement fee. (Ord. 14-2126,
!§ 3 (part), 2014; Ord. 13-2017, Fp 2 (part), 2013; Ord. 2085,
§ 2 (part), 2011)
Diameter of Trunk Size of
Rernoved Tree (Measured
4'A feet above gmle)
Replacement Trees
Up to 12 inches"One 24" box tree
Over 12 inches and up to 18
inches
Two 24" box trees or
One 36" box tree
Over 18 inches and up to 36
inches
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
* Does not apply to Rl, Al, A, RHS, and R2 zones
except required privacy plantings trees in Rl zones
14. 18.170 Retroactive Tree Removal Permit.
An application for a retroactive tree removal shall be
required for any protected tree removal prior to approval of
a tree removal pern'fft. The application shaIll be filed with the
Development of Community Developn"ient on forms
Brescribed by the Director of Comn'iunity Development and
shall be subject to the requirements of a tree removal
permit. The applicarit shall pay a retroactive tree removal
permit fee as determined by the Director of Community
Development. (Ord. 14-2126, § 3 (part), 2014; Ord.
13-2107, e) 2 (part), 2013; Ord. 2085, § 2 (part), 2011 ; Ord.
2003, 2007)
2021 S-84 Repl.
19.56.010
CHAPTER 19.56: DENSITY BOh'US
Section
19.56.010
19.56.020
19.56.030
It9, 56,040
19.56.050
19.56.060
19.56.070
19.56.080
Purpose.
Eligibility for density bonus.
Density bonus.
Tnc.entives or concessions, waivers
and reduction of parking standards.
General requirements.
Application requirements.
Findings.
Interpretation.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is
intended to comply with the State Density Bonus f,aw,
Goveriunent Code Section 65915, which provides tha.t a
local agency shall adopt an ordinance specifying how the
agency will comply with that section. (Ord. 16-2149, 8, 8,
2016)
i9.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net inerease
of at least five units (excluding density bonus units) are
eligible for a density bonus as proyided in this chapter, uiben
the applicant for tlie liousing development agrees or
proposes at least one of the following and meets iiie
requirements of Section 19.56.020C, if applicable:
1. Construct:
a. Ten percent of the total units affordable to 'louier
income households at affordable rent or affordable housin.g
cost; or
b. Five percent of the total units affordable to -very
low income households at affordable rent or affordable
housing cost; or
c. Ten percent of tlie total units proposed iri. a
common interest development for sale to moderate iiieome
households, provided that all units in the development are
offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section
19.56.030C;
3. Provide affordable housing in a eondominium
conversion project in accordance with Section 19.56.030E.
B. In addition to meeting the requirements of
19.56.020A, a housing development which includes a. eMld
care facility in aceordance with Section 19.56.030D, is
entitled to an additional density bonus;
C. Housing developments on sites occupied by rental
housing in the five-vear period preceding the date of
subinittal of a density bonus application n'iust either meet or
provide:
(1) Affordable units in accordance with Sectioxi
19.56.020A; or
(2) Replacement affordable units in accordance witli
Government Code Section 65915(c%3)(B), whichever
requires a greater numbet of affordable units.
D. An applicaiit may also submit a proposal for
specific incentives or concessio'i'is to be granted in
conjuriction with the density bonus, as provided in Section
19.56.040;
E. The granting of a density bonus, incentive or
concession, in and of itself, shall not require a general plan
aniendn"ient, zone change, or other discretionary approval
and sliall be reviewed concurrently with the re'view of tlie
housing development. (Ord. 16-2149, § 8, 2016)
19.56.030 Density Bonus.
A. Housing developments that meet the criteria in
Section 19.56.020A(1) and Section 19.56.020C, if
applicable, are eligible for a maximum density bonus as set
fortli in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Income Level
of unit
Proportion of
Total Affordable
Iwelnng Units
Maximum
Density Bonus
Very Low
Income
5%20 %
6 % - 11 % o'22.5% - 35%
12% - 14% (a)38.75% - 46.25%
15 % or more 50 %
2021 S-84 t05
19.56.030 Cupertino - Zoning 106
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Low Income 10 %20 %
II % - 20 % (")2L5%-35%
21 % - 23 % (")38.75 % - 46.25 %
24% or more 50 %
Moderate Income
(ComtrrOxi iitterest
developments)
10%5%
II % - 40 % (5)6 % - 35 %
41 % - 43 % (6', 38.75 % - 46.25 %
44% or above 50 %
Affordable
Housing
Development
100% "80% or as
specified in
Goyerixent
Code Section
65915
a) For each 1 % increase over 5 % of the target units,
the density bonus shall be in.creased by 2. 5 %, up to a
, maximum of 35 %.
(2' For each l % increase over 11 % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(3) For each 1 % increase over 10 % of the target units,
the density bonus shall be increased ty 1. 5 %, up to a
maximum of 35 %.
(4' For each 1 % increase over 20 % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50 %.
(5' For each I % increase over 10 % of the target units,
the density bonus shall be increased by 1 %, up to a
maximum of 35 %.
(6' For each l % increase over 40% of the target units,
the density bonus shall be increased ty 3. 75 %, up to a
maximum of 50%.
(" Must meet the requirements of Governinent Code
Section 65915(b)(1)(G) or successor provision.
B. Senior housing developments are entitled to a
maximiun density bonus of 20 percent provided the
development eomprises of at least 35 units, conforms to
Civil Code Section 51.3 and the units are reserved for
qualifying residents. The development does not hayie to
provide affordable units untess subject to Section
19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to
a housing developer approved by the City in accordance
with the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development
shall be entitled to a 15 percent density bonus. The
development is entitled to an additional one percent density
bonus Cor the donation of land that would allow the
development of an additional one percent of affordable units
abovetheminimumrequirementsinSection 19.56.020A(I),
up to a maximum of 35 percent.
2. The donation of land must meet ihe following
requirements:
a. The land shall be donated and transferred rio later
than the date of approval of tl'ie housing development, final
subdivision map, parcel map, or building permit, whichever
occurs first.
b. Thedevelopableacreageandzoningclassification
of the Land being transferred are sufficient to pernut
construetion of urfits affordable to very low income
housel>olds in an amount not less thaii ten percent of the
number of residential units of the proposed development.
c. The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40 units,
has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
for development at the density described in Goverxu'nent
CodeSe.ction 65583.2(c%3), and is or will be served at the
time of construction, by adequate public facilities and
infrastructure.
d. The transferred land shall have all of the permits
and approvals, other than building pern'iits, necessary for the
development of the very Iow income housing units on the
transferred Land no later than the date of approval of the
final subdivision map, parcel map, or building permit,
whichever occurs first, except that the City may subject the
proposed development to subsequent design review to the
extent authorized by Government Code Section 65583.2(i)
if the design is not re'viewed by the City prior to the time of
transfer.
e. The land shall be transferred to the City or to a
lxousing developer approved byli the City. The City may
require the applicant to identify and transfer the land t.o the
developer.
f. The transferred land shall be wiithin the boundary
of the proposed development or, if the City agrees, within
one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low
iiicome units shall be identified not later than the date of
approval of the proposed housing development.
<l :
2021 S-84
107 Density Bonus 19.56.030
li. The transferred land and the affordable units shall
be subject to a deed restriction ensuring continued
affordability of the units consistent with Section
19.56.050A, sucli deed restriction shall be recorded at the
time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that
contains affordable housing, as provided in Section
19.56.030A and Section 19.56.030C, and includes a child
day care facility that will be located on the premises of, as
part of, or adjacent to, the project, the City sliall grant either
of the following if requested by the developer:
H, ,% additionai rlensity bonris in residential square
footage that is equal to or g'reater than the square footage of
the child day care facility.
b. An additional concession or incentive that
contributes significantly to the economic feasibility of the
construction of the child day care faciliiy in accordaiice with
Section 19.56.040.
2. Tlie City shall also require that as a condition of
approving the housing development:
a. The child day care facility shall remain ii'i
operation for a period of time that is as long as or longer
than the period of time during which tlie affordable units are
required to remain affordable.
b. Of the cbildren wllO attend the child day care
facility, the children of very low income households, lower
income households, or faii'iilies of moderate income shall
equal a percentage that is equal to or greater than the
percentage of dwell.ing units that are required for very low
income households, lower income households, or fan'fflies of
moderate income.
3. Notwithstanding any requirement of Section
19.56.030D, ihe City sliall not be required to provide a
density bonus or concession for a child day care facility if
the City finds, based upon substantial evidence, that the City
has adequate child day care facilities.
E. Condon'iinium Conversions
1. When an applicant for approval of a condominium
conversion agrees to provide at least 33 percent of the total
uiiits of the proposed condoininium project to low or
moderate income households, or 15 percent of tlie total units
of the proposed condominium project to lower income
households; to include the affordable units required by
Section 19.56.020C, i.f applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by the
City, the City shall either:
a. Grant a density bonus of 25 percent over the
niunber of apartments to be provided within tbe existing
structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reduction or waiver of requirements that the City
might otherwise apply as conditions of conversion approval.
2. The City may place such reasonable conditions on
the granting of a density bonus or other ineentives of
equivalent finaneial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to
a deed restriction ensuring continued affordability to lower
or moderate ineome households consistent with Section
19.56.050A.
3. An application shall be ineligible for a density
bonus or other incentives under this section, if the
apartments proposed for conversion constitute a housing
development for which a density bonus or other incentives
were previously provided under Goverrunent Code Section
65915 or this Chapter.
4. Nothing in this section shall be construed to
require the City to approve a proposal for a condon'mium
conversion. Condominium conversions are subject to the
requirements of Chapter 19. 116.
F. Density Bonus Calculations:
1. A densiiy bonus may be selected from only one
eategorylistedinSeetion 19.56.020A(1), ex.ceptthatdensity
bonuses for land donation may be combined with others, up
to a combined maximum of 50 percent, and an additional
square-foot bonus may be granted for a child day care
Facility as provided iit Section 19.56.030C.
2. In determining the number of density bonus units
to be granted, any fractions of density bonus units shall be
rounded up to the next whole number.
3. Density bonus units authorized by this section
shall not be included when determining the number of
affordable units required to qualify for the density bonus. In
deterrnining the number of affordable units required to
qualify for a density bonus, any fractions of affordable units
shall be rounded up to the next whole number.
4. An applicant may request a lower density bonus
ilian the housiixg development is entitled to, but no reduction
will be permitted in the percentage of required affordable
units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the percentage of affordable units,
110 housing development will be entitled to a density bonus
of more than proyided in Government Code Section 65915,
unless approved ly the City pursuant to Section
19.56.030F(6) .
6. The City, at its discretion, may grant a density
bonushighertharithemaximumsetforthinTable 19.56,030
or in paragraph (5) above to a housing development where
all units (except manager's unit(s)) are affordable to lower
income households.
2021 S-84
19.56.030 Cupertino - Zoning 108
7. For purposes of calculating a density bonus, the
residential units do not have to be based upon individual
subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing development
other than the areas where the affordable units are located.
(Ord. 21-2230, F3 3, 2021; Ord. 21-2226, % 3.1, 3.2, 2021;
Ord. 16-2149, 8, 8, 2016)
19.56.040 Incentives or Concessions. Waivers and
Reduction of ParkLug Standards.
A. Ineentives or Concessions
1. A housing development is eligible for it'icentives
concessions must be selected from only one category (very
low. Iow. or moderatel No incentives or concessions are
available for land donation or for a senior citizen housing
development that is not affordable. Condon'mium
conversions and day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not
both.
Table 19.56.040A: Incentives or Concessions
Calculations:
2. For purposes of this chapter, permissible
incentives or concessions include, but are not limited to:
a. A reduction of development standards or a
modification of zoning code requirements or architectural
design requirements that exceed the minimum building
standards appmved by the California Building Standards
Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety
Code, including but not lin'iited to, a reduction in setback
requirements, square footage or parking requirements, such
that the reduction or modification resuRs in identifiable,
financially sufficient, and actual cost reductions.
b. Approvalofmixed-usezoninginconjunctionwith
the housing development if commercial, office, industrial or
other land uses will reduee the cost of the housing
development, and if the commercial, office, industrial or
other landuses are eompatible with tlie housing development
and the existing or planned development in the area where
the proposed housing development will be located;
c. Other regulatory incentives or concessions
proposed by the developer or the City, which resu]t in
identifiable, financially sufficient, aixd actual eost
reductions.
3. Nothing in tliis section requires the provision of
direct financial incentives for the housing developn'ient,
including but not limited to the provision of financial
subsidies, publicly owned land by the City or the waiver of
fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct financial
uxcentrves;
4. Ahousingdevelopmentwhichrequestsincentives
or concessions must demonstrate, in compliance with
Section 19.56.060B, that the requested ixicentives or
concessions are required to provide for affordable rents or
affordable housing costs, as applicable.
Unit Type
I " "
Percent of
Affordable
Units
Number of
Incentives/
Concessions
Very Low
Income Units
5 % or greater 1
I 10% or greater 2
15% or greater 3
Low Income
Units
10% or greater 1
17% or greater 2
24% or greater 3
Moderate
Income Units
10% or greater I
20% or greater 2
30% or greater 3
Affordable
Housing
Development
1009o"4
* Must meet the requirements of Government Code Section
65915(b)(1)(G) or successor provision.
2021 S-84
108A Density Bonus 19.56.040
B. Waivers:
1. An applicant may submit to the City a proposal
for the waiver or reduction of development standards that
will have the effect of physically precluding the construction
of a housing development meeting the criteria outlined in
Section 19.56.020 at the densities or with the concessions or
incentives permitted under this chapter.
2. A proposal for the waiver or reduction of
development standards shall neither reduce nor increase the
number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A.
3. The applicant shall demonstrate that the
development standards that are requested to be waived will
have the effect of physically precluding the construction of
the development with the density bonuses and incentives or
concessions.
C. Reduction of Parking Standards:
1. If a housing development is eligible for density
bonus as provided in Section 19.56.020, upon request of the
applicant, themaximumoff-streetparkingstandardsthatcan
be applied to tlie housi.ng portion of the development,
inclusive of handicapped and guest parking are indicated in
Table 19.56.040B. 'These may include tandem and
uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards for
projects eligible for a density bonus:
INumberof
i bedrooms
Maximum number of required
off-street parking spaces
e-l One (1)
f-
12-3 Two (2)
!. p +Two and one-half (2. 5)
2. For certain other housing developments that are
eligible for a density bonus as provided in Section
19..56.020, upon request of the applicant, the maximum
off-street parking standards that ean be applied for the
liousing portion of the development, inelusive of
handicapped and guest parking, are indicated in Table
19.56.040C. These may include taixdem and uncovered
parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing developments:
Type of development Maximum number of required
off-street parking spaces
1. Rental or ownership b.ousing development wit_h:
a. At least II % very law income or 20% low income units; and
b. Within one-balf nnle of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per bedroom
2. Rental housing deve.lopment with:
a. All units affordable to lower ineome households except
manager's unit(s); and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Traiisit Stop.
0. 5 per unit
3. Rental housing development with:
a. All units affordable to Iower income houseliolds except
manager's unit(s); and
b. A senior eitizen housing development; and either
c. Has paratransit service; or
d. Is wit_hin one-half mile of fixed bus route service that operates 8
times per day, uiith Unobstructed Access to that service.
0. 5 per unit
4. Rental housing development with:
a. All units affordable to lower irieome households except
manager's unit(s); and
b. A Special Needs Housing development; and either
c. Has paratransit service; or
d. Is within one-half n'iile of fixed bus route service that operates 8
times per day, witli Unobstructed Access to that service.
0.3 per unit
I
I
2016 S-58
19.56.040 Cupertino - Zoning 108B
3. If the City, at its eost, has conducted an area-wide
or City-wide parking study in the last seven years, then the
City may find, based on substantial evidence, that a higher
parking ratio is required than shown in Table 19.56.040C.
In no event, may the required parking be greater than the
ratio shown in Table 19.56.040B. 'rhe parking study must
conform to the requirements of Government Code Section
65915(p)(7). (Ord. 21-2230, 8, 3, 2021; Ord. 16-2149, § 8,
2016)
19.56.050 General Requirements.
A. Affordable rental low and very low income units
must remain affordable to low or very low income
households, as applicable, for fifty-five (55) years or for a
longer period of time if required by a construction or
mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to
moderate-income households for the duration required by
Chapter 19. 172, Below Market Rate Housing Program and
implementing procedures and policies adopted by the City
Council, or for a longer period of time if required by a
construction or mortgage financing assistance program,
mortgage insurance program, or subsidy program. Sales
price for for-sale affordable very low, low, and moderate
income units shall be set at affordable housing cost. Rents
for affordable low and very low income rental units shall be
set at m affordable level.
B. The affordable dwelling units and land dedication
that qualify a housing development for a density bonus may
also be used to meet the below-market-rate housing
provisions of the City's Residential Housing Mitigation
Program, provided that the affordable units and land
dedication comply with the requirements of both Chapter
19.56, Density Bonus, Chapter 19.172, Below Market Rate
Housing Program; and implementing procedures and
policies adopted by the City Council regarding the required
niunber of affordable units, required level of affordability,
and term of affordabilit5r so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other funding
sources, to the extent consistent with fair housing laws,
preferences for the affordable units will be given as
specified in Chapter 19. 172, Below Market Rate Housing
Program, and implementingprocedures andpolicies adopted
by the City Council.
D. An agreement shall be entered into between the
developer and the City to ensure compliance with the
provisions of (his chapter and state law and shall include,
without limitation the household type, number, location,
size, affordability, and construction scheduling of all
affordable units, and such information as shall be required
by the City for the purpose of deterrnining the deyeloper's
compliance with this chapter. For rental affordable very low
and low income units, the agreement shall additionally
contain, without limitation, provisions for eertification of
tenant incomes, reporting and monitoring of affordable
units, and management and maintenance of affordable units.
E. The agreement shall be recorded against the
housing development prior to final or parcel map approval,
or, prior to issuance of any building permits, whichever
occurs first, and shall be binding on all future owners and
successors m u'iterest.
F. AffordahIe units in a project and phases of a
project shall be constnicted concurrently with or prior to the
construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordableunitsshallbedispersedthroughoutthe
project;
2. Affordable units shall be identical with the design
of any market rate rental 'imits in tbe project with the
exception that a reduction of interior amenities for
affordable units will be perniittedupon prior approval by the
City Council as necessary to retain project affordability.
H. Prior to the rental or sale of any affordable unit,
the City or its designee, shall verify the eligibility of tlie
prospective tenant or buyer. All affordable units shall be
occupied by the household type that qualified the housing
development for the density bonus and incentives or
concessions.
I. The City may establish fees for processing
applications under this chapter and recovery of costs
associated with the establishment and monitoring of
affordable units. (Ord. 16-2149, eH 8, 2016)
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal
for housing development for a density bonus and incentives
or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter shall be
submitted to the City concurrently with the application for
the first discretionarypermit or other permit required for the
housing development and shall be processed concurrently
with the discretionary application following the review
process as set forth for permits in Chapter 19.12,
Administration, of the Cupertino Municipal Code
established by the City. The applicant shall provide
additional information as specified in this chapter,
specifically:
1. A summary table showing the maximum number
of units permitted by the zoning and general plan excluding
any density bonus units, proposed affordable units by
2.021 S-84
108C Density Bonus 19.56.060
income level, proposed bonus percentage, proposed number
of density bonus units, and total number of proposed
dwelling units on site;
2. A site plan, drawn to scale, showing the xiun'iber
and location of all proposed units, designating the location
of proposed affordable units and density bonus units and the
type, size, and construction scheduling of affordable and
market-rate units;
3. For a housing development that replaces rental
housing on a site within the five-year period preceding the
date of an application:
a. A description and documentation of all dwelliixg
tanits existing On the sit.e in the five-year period preceding
the date of submittal of the application and identification of
any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, ineome and
household size of all residents of the occupied units. If any
dwelling units on the site were rented in the fiyie-year period
taut are not currently rented, the income and household size,
if known, of residents occupying dwelling tnuts when the
site contained the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinance,
or law applicable to tlie site tl'iat restricted rents to levels
affordable to very low or lower income houseliolds in the
five-year period preceding the date of subnuttal of the
application.
4. If a density bonus is requested for a land
donation, the location of the Iand to be dedicated, proof of
site control, and evidence that each of tlie requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is
requested for a child care facility, evidence that all of the
requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or concession is
requested for a condorninium conversion, evidence that all
of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various
incentives or concessions, waivers and reduction in
off-street parking standards re4uested;
8. To ensure Lhat each incentisie or concession
contributes significantly to the economic feasibility of tl"ie
proposed affordable housing, Cor any incenti've(s) or
concession(s) requested, tlie following shall be submitted:
a. A project financial report (which may be ii'i tlie
form of a pro forma) demoristrating that the requested
incentive(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions to the
housing development and that they are required to provide
for affordable rents or affordable liousing costs, as
applicable. The financial report shall i.nclude the capital
costs, operatu'xg expenses, return 011 investn'ient,
loan-to-value ratio and the debt coverage ratio including the
contribution(s) provided by any applicable subsidy
program(s);
b. An appraisal report indicating the value of the
density bonus and of the incentive(s) or concession(s); and
c, A use of funds statement identifying the financial
gaps for the housing development with the affordable
housing units. The analysis shall show how the funding gap
relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City
expects to incur in retaining consuRant(s) and ' in
administering consultant contract(s) to provide apeer review
of the above information. However, if the applicant is a
federally recognized nonprofit organization proposing a
housing development where all units (except manager's
unit(s)) are affordable to lower income households, the cost
of consultant(s) may be paid by the City upon prior approval
of the City Council;
9. For any requested waiver of a development
standard, plans showing the existing development standard,
the requested waiver and a demonstration that the
development standard for which the waiver is requested will
have the effect of physically precluding the construction of
the housing development with the density bonus and
incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as
an incentive or concession, evidence that non-residential
land uses will reduce the cost of the housing development
and thatthe non-residential landuses are compatible with the
development and the existing or planned development in the
area.
11. If a parking reduction is proposed, a table
showingparking otherwise required by the zoning ordinance
and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing
development is eligible for the requested parking reduction.
12. Any other information requested by the Director
of Community Development to determine if the required
findings can be made. (Ord. 16-2149, § 8, 2016)
19.56.070 Findings.
A. Before approying an application that includes a
request for a density bonus, ineentive or concession, waiver
or reduction in parking standards, pursuaiit to this chapter,
tlie decision-making body shall determine that the proposal
is consistent with State Law by making the fol.lowing
findings, as applicable:
1. T hat the housing development is eligible for the
density bonus requested and any incentives or concessions,
waivers or reductions in parking standards requested.
2016 S-58
19.56.070 Cupertino - Zoning 108D
2. That all the requirements included in Section
19.56.030C haye been met, if the density bonus is based all
or in part on donation of land.
3. That all the requirements included in Section
19.56.030D have been met, if the density bonus or
ineentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section
19. 56. 030E have been met, if the density bonus or ixicentive
or concession is based on a condominium conversion.
5. That the requested incentive(s) or concession(s)
will result in identifiable, financially sufficient, and actual
cost reductions based llpOn the financial ai'ialysis and
documentation provided by the applicant and the findings of
the peer-reviewer, if incentive(s) or concession(s) are
requested (other than mixed use development).
6. Thattheproposednon-residentiallanduseswithin
tl'ie proposed development will reduce the cost of the
housing development and are compatible with the housing
development and the existing or planned development in the
area where the proposed development will be located, if an
incentive or concession is requested for mixed use
development.
7. That the development standard(s) for whiclx the
waiver(s) are requested would have the effect of physically
precluding the construction of the hoyising development with
the density bonus and incentives or concessions permitted,
if a waiver is requested.
8. That all the applicable requirements in Section
19.56.040C have been met, if a reduction in off-street
parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this
section, as applicable, can be made, the decision-making
body may deny an application for an incentive or concession
or waiver requested pursuant to Section 19.56.040 only if
one of the following written findings as applicable to each
type of application, supported by substantial evidence:
1. Thattheincentiveorconcession,orwaiverwould
have an adverse impact on real property listed in the
California Register of Historic Resources; or
2. Thattheincentiveorconeession,orwaiverwould
have a specific, adverse impact upon public health or safety
or the physical environment, and there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse
impactwithoutrenderingthe residential projectunaffordable
to low and moderate income households. For the purpose of
this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, written public health or safety
standards, policies, or conditions as they existed 011 the date
that the application for the residential p roject was deemed
complete; or
3. That the incentive or concession, or waiver is
eontrary to state or federal law.
C. Anapplicationforanincentiveorconeessionmay
also be denied if the decision-making body makes the written
finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide
for affordable housing costs or affordable rents.
D. If the findings required by subsection A. of this
section can be made, the decision-making body may deny an
application for a density bonus or ineentive or concession
that is based on the provision of child care only if it makes
a written finding, based on substantial evidence, that the city
already has adequate child care facilities. (Ord. 16-2149,
§ 8, 2016)
i9.56.080 Interpretation.
If anyportionofthis Chapter 19.56 conflicts with State
Density Bonus Law (Government Code Section 65915 et
seq.) or other applicable state law, state law shaIll supersede
this Cliapter. Any ainbiguities in this section shall be
interpreted to be consistent with State Density Bonus Law.
All code references in this Chapter include all successor
'proviszons.
(Ord. 21-2230, § 3, 2021)
2021 S-84
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),
F§ 19.08.030 (definitioxis), §§ 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 §§ 1.04.010 through 1.04.060
(adds new 8, 1.04.030) general
provisions; repea]s and readopts Ch.
1.08 (1.08.010 and 1.08.020) right of
entry for inspection; repeals and
readopts Cli. 1.09 (§§ 1.09.010 through
1.09. 110) nuisance abatement; repeals
and readopts Cli. 1. 10 (§§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Cli. 1. 12 title (General Penalty and
Criminal Enforcement), anxends
8, 1. 12.010 and 8) 1. 12.020 axid repeals
§ i.l2.030 (1.04, ]..08, 1.09, 1.10,
1.12)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining pernt
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuaixt to a
special temporary outdoor dining permit
(Not Codified)
Amends F3 2.88.100, duties-powers-
responsibilities (2.88)
Adopts 8, 2.20. 120, electronic filing of
campaign staten'ients (2.20)
Amends S, 11.24.150, parking
prohibited along certain streets (11.24)
Urgency ordinance ten'iporarily waiving
permit fees for certa.in temporary
commercial signs and banners (Not
Codified)
Amends §§ 10.48.010, 10.48.051,
community noise eontrol 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 §§ 1LO8.040, 11.08.050,
11.08.060, 11.08.070, 11.08.080,
11.08.090, 11.08.100, 11.08.110 and
11.08. 120, concernmg regular meetings
of the City Council, concerning powers
aiid duties of the City Manager,
concerning animals iii city buildings,
concerning 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, rniniinum 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, and2.40.llO,
regarding emergericy management
program and disaster council; adds
§ 2.40.030 (2.40)
Amends §§ 6.24.010, 6.24.020,
6.24.030, 6.24.035, 6.24.031
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 through
2.100.180, regulationoflobbying
activities (2.100)
Adds Title 17, environmental
regulations, and Ch. 17.08,
(i§ 17.08.010 through 17.08.040,
evaluation of transportation impaets
under CEQA (17.08)
Adds Cli. 19.102, §§ 19.102.010
tl'u'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.i24)
Amends § 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List
Ord. No.
21-2227
21-2228
22-2229
21-2230
21-2231
Amends Ch. 10.90, smoking
regulations; adds % 10.90.030 and
10.90.070; renumbers % 10.90.030
tl'u'ough 10.90.050 to be §§ 10.90.040
tlu'ough 10.90.060 (10.90)
Amends 11.27.145 concerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(J"Jii (.ndified)
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,
concerrmig organic waste disposal
reduction (6.24, 9. 16)
2021 S-84
13 Index
FIRBWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
variance conditions 16.52.061
Appeals, generally 16.52.030
Applicability of proyisions 16.52.011
Basis for establishing the areas of special flood
hazard 16.52.012
Compliance 16.52.013
Construction
materials and methods 16.52.042
standards 16.52.040
Definitions 16.52.010
Development permit 16.52.022
Elevation and floodproofing 16.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclaimer 16.52.016
Manufactured homes, standards for 16.52.053
Recreational vehicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdivisions and other proposed development,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warning and disclaimer of liability 16.52.016
FOOD EST ABLISHMENT
See RESTAURANT
FRANCHISB
Cable television
See CABLE AND VIDEO SERVICES
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino garbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGB
Gas
definitions 6. 12.Oi0
designated 6.12.020
granting authority 6.12.070
grOSS reCelptS
percentagepaymenttocity 6.12.050
total, report required 6. 12.060
maintenance requirements 6.12.030
term 6. 12.040
Pacific Gas and Electric Compaiiy
See Electricity
See Gas
San Jose wate'rworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maxntenanCe
notice 6.20.020
required 6.20.030
term 6.20.040
.Solid waste
See GARBAGE
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREBT
IMPROVEMENT FUND
2021 S-81
Cupertino - Index 14
-G -
GARAGE, PA=.TlO SALE
Definitions 5.16.020
Enforcement 5.16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5. 16.030
Sign
See also SIGN
regulations generally )9.104.250
restrictions 5. 16.040
Violation
penalty 5.16.070
presumption 5.16.04I
GARBAGE
Administration, enforcement, reguIations adoption
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recycling
charges for 6.24. 150
con'unen.cement, time limits 6.24.040
entitlement to collect for 6.24. 160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.020
Delinquent aeeount
notification 6.24. 170
remedies for 6.24. 180
Disposal
explosive, hazardous materials 6.24. 100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24. 110
Franchise
See Collection service
Purpose of provisions 6.24.010
Reeycling
mandatory edibIe food recovery 6.24.038
mandatory non-organic recycling for businesses
6.24.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recycling center, operation, use 6.24. 190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASES
GENERAL PENALTY AND CRIMINAL
ENFORCEMP,NT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVBLOPMENT PLANNING
GLASS AND LIGHTING STANDARDS
Applicability of regulations 19. 102.020
Bird-safe development requirements 19.102..030
Outdoor Iighting requirements 19. 102.040
Purpose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, penalty 10.60.090
2021 S-84
39 Index
Bus station, terminal
T zone 19.76.030
Business office
CG zone 19.60.030
Business service
CG zone 19.60.030
Cabinet shop
ML zone 19.64.020
Carpenter shop
ML zone 19.64.020
Caterer
ML zorie 19.64.020
Cemetery
A-1 zone 19.20.020
A zone 19.20.020
CG zone
applicability of provisions 19.60.020
conditional uses 19.60.030
designated 19.16.010
development standards 19.60.060
excluded uses 19.60.030
landuseactivity 19.60.050
permits required for development 19.60.040
permitted uses 19.60.030
purpose 19.60.010
Child day care facility
BQ zone 19.76.030
CG zone 19.60.030
R-3 zone 19.20.020
Churches, existing
ML-rc zone 19.64.020
Civic organization
BQ zone 19.76.030
Club
BQ zone 19.76.030
CG zone 19.60.030
Coal sales
ML zone 19.64.020
Cold storage facilities
ML zone 19.64.020
ML-rc zone 19.64.020
Colurnbariurn
A-l zone 19.20.020
A zone 19.20.020
Commercial photography
ML-rc zone 19.64.020
Communication stnictures
A-1 zone 19.20.020
A zone 19.20.020
Competition and tournament facilities
FP zone 19.84.020
Compliance with provisions required 19.04.030
Conditional use permit, variance, development
permits application conditional use permit or
variance 19. 156.020
development permit 19. 156.010
approval authority 19.156.030
change of use 19. 156.070
conditionalusepermit 19.156.040
expansion or modification of permits
conditionaluse 19.156.060
planned development 19.156.060
findings and conditions
conditional use permit 19. 156.040
planned development permit 19. 156.040
variances 19.156.05-0
plaru'ied development permit 19. 156.040
variances 19. 156.050
Conditional uses
BA zone 19.76.030
BQ zone 19.76.030
CG zone 19.60.030
expansion 19.156.060
FP zone 19.96.040
ML zone 19.64.020
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.68.030
OP zone 19.68.030
OS zone 19.88.020
P zone 19.80.030
PR zone 19.92.020
Rl zone 19.28.030
RIC zone 19.44.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
'r zone 19.76.030
Conflict of provisions 19.04.040
Congregate residence
A-1 zorie 19.20.020
A zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Convenience markets
CG zone 19.60.030
Conversion, apartment to community housing
applicabilityofprovisions 19.116.020
2012 S-31
Cupertino - Index 40
application
procedures 19.116.060
requirements 19.116.050
parking 19.116.040
purpose 19.116.010
regulations generally 19.116.030
Crematory
A-1 zone 19.20.020
A zone 19.20.020
Crops
A-1 zone 19.20.02.0
A zone 19.20.020
RHS zone 19.20.020
Culverts
OS zone 19.84.020
Dairy processing
A-l zoxie 19.20.020
A zone 19.20.020
Dancehall
FP zone 19.84.020
Dance instruction
FP zone 19.84.020
Day care home, large fanffly
A-I zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-I zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Day care home, small family
A zone 19.20.020
Rl zone 19.20.020
RIC zone I9.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Deck, second story
See Accessory building, structure
Definitions
applicability, purpose of provisions 19.08.010
constructionofprovisioxis 19.08.020
Cupertino Standard Detail 7-2: Corner T'riangle
- Controlled !ntersecfions, Ch. 19.08,
Appendix A
Cupertino Standard Detail 7-4: Corner Triangle
- Uncontrolled Intersections, Ch. 19.08,
Appendix B
Cupertino Standard Detail 7-6: Sidewalk Site
Triangle (Sidewalk Clearance at
Driveways), Ch. I9.08,
Appendix C
designated 19.08.030
Examples of How to Measure Sign Area, Ch.
19.08, Appendix D
Delivery service
ML zone 19.64.020
ML-rc zone 19.64.020
Density bonus
application requirements 19.56.060
concessions 15.56.040
density bonus 19.56.030
eligibility for density bonus 19.56.020
findings 19.56.070
incentives or concessions, waivers and
reduction of parking standards 19.56.040
interpretation, 19.56.080
purpose 19.56.010
requirements generally 19.56.050
Development agreement
application
contents 19. 144.070
form 19.144.060
qualification required 19.144.050
authority of provisions 19. (44.030
cancellation
eity 19.144.200
mutual consent 19.144.i90
rights 19. 144.210
construction of provisions 19. 144.250
effect 19.144.240
execution, recordation 19. [44.260
findingsoffact, intentofprovisions 19.I44.OI0
judicial review; tune lin'fftation 19. ]44.270
hearing
appealofdeterrnination 19.144.170
compliance; appeal 19.144.150
findings 19.144.110
generally 19.144.090
irregularity in proceeding 19. 144. 120
noncompliance; appea1 19.14=4.160
plans, consistency with
general 19. 144.080
speeific 19.144.080
purpose of 19.144.020
review, time for and initiation of 19.144. I40
rules affectiixg 19.144.220
separate procedure 19. 144.230
Districts
appIicability ofprovisions L9.16.060
designated 19.16.010
reference 19.16.020
Drainage ditches
OS zone 19.84.020
Drinking establishments
CG zone 19.60.030
Drive-in theaters
MLzone 19.64.m0
Drive-through Facilities
CG zone 19.60.030
}"
rl
I
2021 S-84
.1
CUPERTINO, CALIFORNIA
[nstruetion Sheet
2021 S-84 Supple'ment
REMOVE OI,D PAGES
Title Page
INSERT NEW PA(.ES
Title Page
T'[TLE 6: FRANCHISES
II through 16B l 1 through i6L
TITLE 9: HEALTH AND SANIT ATION
34B-1, 34B-2 34B-1,34B-2
TITLE 14: STRF,ET'S, SIDEWALKS AND LANDSCAPING
37,38 37,38
T-[TLE 19: ZONING
105 through 108D 105 through 108D
41 48
COMPREHENSIV'E ORDINANCE LIST
47, 48
13, 14
39, 40
INDEX
13, 14
39, 40
PMcA
11/2021
CITY OF CUPERTINO, CALIFORNIA
MUN'fCNPAL CODE
S-84 Supplement contains:
Local legislation current through Ordinance 21-2231, passed 10-19-2021
COP\RIGHT @ 2021
AMERICAN LEGAL PUBLISHING CORPORATION
6.24.010
CHAPTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE
RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010
6.24.020
6.24.030
6.24.031
6.24.035
6.24.037
6.24.038
6.24.040
6.24.050
6.24.060
6.24.070
6.24.080
6.24.090
6.24. 100
6.24.110
6.24. 120
6.24. 150
6.24.160
6.24. 170
6.24. 180
6.24. 190
6.24.200
6.24.210
6.24.220
6.24.230
6.24.240
Purpose of chapter.
Definitions.
},4andator y solid v,taste CcliectiOn seri.iice -
owner responsibility.
Mandatory solid waste collection service -
exemption procedures.
Mandatory non-organic 'recyeling for
businesses.
Mandatory organic waste disposal
reduction.
Mandatory edible food recovery.
Commencement of solid waste collection
service.
Frequency of disposal.
Method of garbage, organic waste aiid
non-organic recyclabl.es disposal.
Garbage, organic waste ai-td non-organic
recyclables containers.
Inappropriate containers.
Burning restrictions.
Disposal of explosive or bazardous
material restrictions.
Unauthorized disposal prohibited.
Franchise granting authority.
Cliarges for solid waste collection service.
Entitlement to collect for solid uiaste
collection service.
Notification of delinqueney.
Remedies for delinquent aecount.
Recycle centers.
Unauthorized solid waste collection.
Interfering with solid waste colleetion
service .
Unauthorized use of solid waste collection
SerVlCe .
Rules and regulations adopted.
Violation-Penalty.
6.24.010 Purpose of Chapter.
A. Tbis chapter is determined and declared to be a
health, sanitary and safety measure necessary for the
promotion, protection and preservation of the health, safety
and general welfare of the people of the City of Cupertino.
B. The City is required to comply with the applicable
provisions of Assembly Bill 939, the California Integrated
Waste Management Act (Sher, Chapter 1095, Statutes of
1989, as amended) ("AB 939"). AB 939 requires that by and
after January 1, 2000, fifty percent (50%) of the solid waste
generated must be diverted through some source reduction,
recycling, and composting activities.
C. Assembly Bill 341 (Chesbro, Chapter 476,
Statutes of 2011) places requirements on businesses and
multi-family generators that generate a specified threshold
amount of solid waste to arrange for recycling services and
requires jurisdictions to implement a mandatory commercial
recycling program.
D. Assembly Bill 1826 (Chesbro, Chapter 727,
Stahites of 2014) requires businesses and multi-family
generators that generate a specified threshold amount of
solid waste, non-organic recyclables, and organic waste per
week to arrange for recycling services for those materials,
requires jurisdictions to implement a recycling program to
divert organic waste from businesses subject to the law, and
requires jurisdictions to implement amandatory commercial
organic waste recycling program,
E. Senate Bill 1383, the Short-lived Climate
Pollutant Reduction Act of 2016 (Lara, Chapter 395,
Statutes of 2016) ("SB 1383"), sets statewide organxc waste
disposal reduction targets of fifty percent (50%) by 2020 and
seventy-five percent (75%) by 2025, based on the 2014
organics waste disposal baseline. SB 1383's implementing
regulations place requirements onmultiple entities including
jurisdictions, residential households, commercial businesses
and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food
recovery services to support achievement of statewide
organic waste disposal reduction targets. SB 1383's
implementing regulations require jurisdictions to adopt and
enforce an ordinance or other enforceable mechanism to
implement relevant provisions of SB 1383's implementing
regulations.
2021 S-84 II
6.24.010 Cupertino - Franchises 12
F. The City has coordinated with the County of
Santa Clara and other jurisdictions in the county to develop
uniform provisions for the portions of this chapter
addressing edible food recovery. The City has determined
that this coordination will simplify compIiance for
commercial businesses, promote food recovery in the City,
and facilitate edible food recovery capacity planning.
G. Pursuant to 14 California Code of Regulations
Section 18981.2, jurisdictions may delegate certain
responsibilities for implementing, monitoring, and enforcing
their edible food recovery programs to public or private
entrties.
u., 'pl. iiS cliaptert,x,till aid the r34ity,r iH n'ieeting fhe goals
and requirements of AB 939, Assembly Bill 341, Assembly
Bill 1826, SB 1383 aiid its implementing regulations, and
related laws; aid in preserving landfill space and postponing
the need for new landfill capacity for the longest term
possible; reduce the amount of solid waste deposited in
landfills from commercial and residential generators; and
reduce food insecurity.
I. The City may adopt, implement, and enforce a
local solid waste recycling requirementthat is more stringent
or comprehensive than state law. (Ord. 21-2231, § 1, 2021 ;
Ord. 20-2218, F3 1, 2021; Ord. 15-2130, S, 1 (part), 2015;
Ord. 2069, § 1 (part), 2010; Ord. 1572, 8, I (part), 1991)
6.24.020 Definitions.
For t)ne purposes of tt'iis chapter, the following words
and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise:
1. "Back-haul" means a coinrnercial business
generating and transporting source separated recyclable
materials and/or source separated green container organic
waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as
otherwise defined in 14 California Code of Regulations
Section 18982(a%66%A).
2. "Blue container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a%5) and
shall be used for the purpose of storage and collection of
source separated recyclable materials.
3. "Business"or"eoinmercial"meansacornmercial
or public entity, including, but not limited to, a firm,
partnership, proprietorship, joint stock company,
corporation, or association that is organized as a for-profit
entity or non-profit entity, or a multi-family residential
property with €ive (5) or more dwelling units.
4. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
5. "City" means and includes all the territory lying
within the municipal boundaries of the City of Cupertino as
presently existing, plus all territory which may be added
thereto during the effective term of the ordinance codified
herein.
6. "Collection station" means the location at which
containers of garbage, non-organic recyclables and organic
waste are placed for collection by the solid waste collector.
For businesses, collection station is typically the garbage
and recycling area enclosure. For multi-family residential
properties with less than five (5) dwelling units and other
residentiai struetures, the collection station is typically the
street side: of the concrete eurb immediately adjacent to the
residence where curb and gutter exists or where no curb and
gutter exists, the edge of asphalt iix'unediately adjacent to the
residence.
7. "Commercial edible food generator" includes a
tier one or a tier two commercial edible food generator. For
the purposes of this definition, food recovery organizations
and food recovery services are not commercial edible food
generators pursuant to 14 California Code of Regulations
Section 18982(a)(7).
8. "Communitycon'iposting"meansanyactivitythat
composts green material, agricultural material, food
material, and vegetati've food material, alone or in
combination, and the total amount of feedstock and compost
on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 California Code of
RegulationsSection 17855(a)(4); or, asotherwisedefinedby
14 California Code of Regulations Section 18982(a)(8).
9. "Compliance review" means a review of records
by the City and/or its designee to detennine compliance with
this chapter.
10. "Compost" mems the product resulting from the
controlled biological decomposition of organie solid waste
that is source separated ['rom the municipal solid waste
stream, or which is separated at a centralized facility, or as
otherwise defined in 14 California Code of Regulations
Section 17896.2(a%4).
11. "Compostabje plastic bags" means only such
plastic bags Chat meet the BPI-certified ASTM D6400
standard for compostability, or such bags that are approved
by the City for placement in the green container.
12. "Construction and demolition debris" or "C&D
debris" means materials resulting from the construction,
remodeling, or demolition of buildings and other stnictures.
"Construction and demolition debris" includes, but is not
limited to, concrete, asphalt, rock and dirt related to
construction, remodeling, repair, or den';iolition operations
and is subject to the provisions of Chapter 16.72.
:13. "Container contamination" means a container,
regardless of color, that contains prohibited container
contaminants, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%55).
r
2021 S-84
13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24,020
14. "Debris box service" means collection service in
containers without compaction that haye a capacity of eight
(8) cubic yards or more. Debris boxes may be used for the
collection of non-organic recyclables and organic waste, or
garbage, and may be used for construction and demolition
debris that may or may not be intended for full or partial
recycling or other waste diversion.
15. "Delinquent" means a failure of the recipient of
solid waste collection setvice to pay when due all charges
owed to the solid waste collector for solid waste collection
service rendered or to be rendered.
16. "Department"meansaiiydepartmentoftheCity,
the Covaty of Santa C !ara, Or any other public agency
designated by the City to enforce or administer this chapter,
as autl'iorized in 14 California Code of Regulations.Section
18981.2.
17. "Designee"meansanentitythattheCitycontracts
with or otherwise arranges to carry out or asSist with any of
the City's responsibilities for compliance witli solid waste-
related laws or regulations or administration or enforcement
of this chapter as authorized iii 14 California Code of
Regulations Section 18981.2. A designee may be a
government entity, a hauler, a private entity, or a
combination of those entities.
18. "Director" means the Director of Public Works
and their duly authorized agents and representatives.
19. "Dwelling" means a residence, flat, duplex,
apartment, townhouse, condorninium or other facility used
for housing one or more persons.
20. "Edible food" means food intended for humai'i
consumption, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%l8), For the purposes of
this chapter, "edible food" is not solid waste if it is
recovered and not discarded. Nothii'ig in this ehapter
requires or authorizes the recovery of edible food that does
not meet the food safety requirements of the California
Retail Food Code.
21. "Enforcement officer" has the same meaning as
in Section 1. 10.020 of this code.
22. "Equipment" means a debris box or debris bin
and vel'iicles used to transport debris boxes or biiqs.
23. "Excluded waste" means hazardous mat.erials,
infectious waste, designated waste, volatile, corrosive,
medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), wliich
receive materials -from the City and its generators,
reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in the City's and/or
its designee's reasonable opinion would present a significai'it
risk to human health or the environment, cause a nuisarice
or otherwise create or expose the City and/or its designee to
potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally
found in single-family or multi-family solid waste after
implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries
and paint in compliance with Sections 41500 and 41802 of
the California Public Resources Code.
24. "Finance Director" means Uhe Finance Director
and their duly authorized agents and representatives.
25. "Food distributor" means a business that
distributes food to entities including, but not limited to,
supermarkets and grocery stores, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(22).
26. "Food facility" has the same meaning as in
Section 113789 of tl'ie Health and Safety Code.
27. "Food recovery" means actions to collect and
distribute food for human consumption which otherwise
would be disposed, or as otherwise defined iix 14 California
Code of Regulations Section 18982(a%24).
28. "Food recovery organization" means an entity
that engages in the collection or receipt of edible food from
coinrnercial edible food generators aiid distributes tl'iat edible
food to the public for food recovery either directly or
through other entities. "Food recovery organization"
includes, but is not limited to: (a) a food bank as defined in
Section 113783 of the Health and Safety Code; (b) a
xionprofit charitable organization as defined in Seetion
113841 of the Health and Safety code; and, (c) a nonprofit
charitable temporary food facility as defined in Section
113842 of the Health and Safety Code. A food recovery
organization is not a commercial edible food generator for
the purposes of this chapter pursuant to 14 California Code
of Regulations.Section 18982(a)(7). If the definition in 14
California Code of Regulations Section 18982(a%25) for
food recovery organization differs from this definition, the
definition in 14 California Code of Regulation Section
18982(a)(25) shall apply to this chapter.
29. "Foodrecoveryservice"meansapersonorentity
tliat collects and transports edible food from a cornrnercial
edible food gerierator to a food recovery organization or
other entities for food recovery, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(26). A
food recovery service is not a coinmercial edible food
generator.
30. "Food scraps" means all food such as, but not
limited to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food scraps excludes fats, oils, and grease when
such materials are source separated from other food scraps.
31. "Food service provider" means an entity
primarily engaged in providing food ser'vices to institutional,
2021 S-84
6.24.020 Cupertino - Franchises 14
goyernmental, commercial, or industrial locations of others
based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(27).
32. "Food-soiled paper" is compostable paper
material that has come in contact with food or Iiquid, such
as, but not limited to, uncoated paper plates, napkins, paper
towels, and pizza boxes.
33. "Food Waste" means food scraps, food-soiled
paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or
objects that are discarded, including but not restricted to,
materials, substances @y ri5jt@B ((iBrH(iyily rdepred to as
"trash," "garbage," "refuse" and "rubbish" that are
produced, generated or accumulated by all residential,
cornrnercial, industrial, institutional, municipal, agricultural
and other inhabitants, premises and activities within the
City, the collection of which is regulated through tlie
franchise agreement existing between the City and the
authorized solid waste collector; provided, however, that
"garbage" does not include (a) hazardous materials, (b) non-
organic recyclable materials, (c) organic waste, (d) clear
plastic bags when used to contain organic waste to be
recycled, (e) construction and demolition debris, (f)
biomedical waste, (g) ash, and (h) sewage and other highIy
diluted water-carried materials or substances and those in
gaseous form. Except in residential dwelIings, if the
material is placed in a plastic bag, the bag must onJy be
clear plastic.
35. "Gray container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a)(28), and
which may be colored gray or blaek, and shall be used for
the purpose of storage and collection of gray container
waste,
36. "Gray container waste" meaiis solid 'vaste that is
collected in a gray container that is part of a three-container
collection service that prohibits the placement of organic
waste in the gray container as specified in 14 California
Code of Regulations Sections i8984.1(a) and (b), or as
otherwise defined in 14 California Code of Regulations
Section 17402(a%6.5).
37. "Greencontainer"hasthesamemeaiungasinl4
California Code of Regulations Seetion 18982.2(a)(29) and
shall be used for the purpose of storage and eollection of
source separated green container orgainc waste.
38. "Grocerystore"meansastoreprimarilyengaged
in the retail sale of canned food; dry goods; fresh fruits and
vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(30).
39. "Hauler route" means the designated itinerary or
sequence of stops for each segment of the City's collection
service area, or as otherwise defined in 1.4 California Code
of Regulations Section 18982(a)(31.5).
40. "Hazardous materials" means any or a
combination of materials whieh )ecmse of their quantity,
concentration or physical, chemical or infectious
characteristics may either: (a) cause or significantly
contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness; or
(b) pose a substantial present or potential hazard to human
healtlx or the environment when improperly treated, stored,
transported ordisposedoforotherwisemanaged. Hazardous
materials include, but are not limited to, hazardous wastes
as defined under California or United States law or any
regulations promulgatedpursuantto suchlaws, and alltoxic,
radioactive, biologically infectious, explosive or flammable
waste materials, including any material defined in Section
9. 12.020 of the Cupertino City Code for which a hazardous
materials storage permit is required.
41. "Health facility" has the same meaning as in
Section 1250 of the Health and Safety Code.
42. "Hotel"hasthesarnemeaningasinSectionl7210
of the Business and Professions Code.
43. "Inspect" or "inspection" means an enforcement
officer's, the department's and/or a designee's electronic or
on-site visit and review of records, eontainers, and an
entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food liandling to detern'iine if the
entity is eomplying with requirements set forth in this
chapter, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(35).
44. "Largeevent"meansanevent,including,butnot
limited to, a sporting event or a flea market, that charges m
admission price, or is operated by a local agency, and serves
m average of more than two thousand (2,000) individuals
per day of operation of the eyent, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned
park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14
California Code of Regulations Section 18982(a%38) for
large event differs from this definition, the definition in 14
California Code of Regulations Section 18982(a)(38) shall
apply to this chapter.
45. "Large venue" means a permanent venue facility
that annually seats or serves an average of more than two
thousand (2,000) individuals within the grounds of the
facility per day of operation of the venue facility. A venue
facilit5r includes, but is not limited to, a public, non-profit,
or privately owned or operated stadium, amphitheater
arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing
2021 S-84
15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6,24.020
arts center, fairground, museum, theater, or other public
attraction facility. A site under common ownership or
control that includes more than one large venue That is
contiguous with other large venues in the site, is a single
large venue. If the definition in 14 California Code of
Regulations Section 18982(a%39) for large venue differs
from this definition, the definition in 14 California Code of
Regulations Section 18982(a%39) shall apply to tl'iis chapter.
46. "Litter" means, but is not limited to, plastic,
paper, cigarette butts, floor sweepings, trash, rubbish, food,
cloth, metal, recyclable material, or waste matter of
whatever character.
47 "L (>(Hi edacatiori agellCV" IHeB3 B 5dl@ril diBjrict,
charter school, or county office of education that is not
subject to the control of the City or county regulations
related to solid waste, or as otherwise defined in Jzl
California Code of Regulations Section 18982(a)(40).
48. "Multi-unitresidentialproperty"or"multi-family
residential property" or "multi-family" means any premises,
excluding a hotel, motel, or lodging house, used for
residential purposes containing fiye (5) dwelliiig units or
more, irrespective of whether tlie residency is transient,
temporary or pen'nanent.
49. "Non-compostable paper" includes, but is not
limited to, paper that is coated in a plastic material that will
not break down in the composting process, or as otherwise
defined in 14 California Code of Regulations Secti.on
18982(a%41).
50. "Non-local entity" means an entity that is ari
organic waste generator but is not subject to the control of
the City or county regulations related to solid waste. These
entities may include, but are not liinited to, special districts,
federal facilities, prisons, facilities operated by the state
parks system, public universities, iiicluding con'ununity
colleges, county fairgrounds, and state agencies.
51. "Non-organic reeyelables" or "non-organic
recyclable material" mean those materials that can be
returned to economic use as raw materials for new, reused
or reconstituted products, which prior to collection are
separated by the generator from other material treated as
solid waste. Examples of non-organic recyclables include,
but are not limited to: newspaper, cans, corrugated
cardboard, glass, certain types of plastic, metals, wood and
automobile oil. "Mixed non-organic recyclables" meaiis
more than one type of non-organic recyclable material
cornrningled in a bin, debris box, compactor or other type of
container. This material in.cludes, but is not limited to wood,
paper, plastic, metals, glass, and other recyclable materials
other than organic waste. The material must not contain
more than five percent (5 %) by volume garbage aiid organic
waste.
52. "Nonresidential premises" means all premises
except residential premises, including but not restricted to
premises used for industrial, commercial, administratiye and
professional offices, public and quasi-public buildings,
utility and transportation.
53. "Notice of violation" means a notice that a
violation has occurred that includes a compliance date to
avoid an action to seek penalties, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(45) or
further explained in 14 California Code of Regulations
Section 18995.4.
54. "Occupancy"; "occupied": Pren'iises are
"occupied" when a person or persons take or hold
possession of the premises for permanent or temporary use.
For the purposes of deternng whether a premises is
occupied during periods when solid waste collection service
is made available to such premises, occupancy shall be
presun'ied unless evidence is presented that gas, electric,
telephone and water utility services were not beiixg provided
to the premises during such periods.
55. "Orgaiiic waste" means solid waste containing
material originated from living organisms and their
metabolic waste products, including but not limited to food,
green material, landscape and pruning waste, orgaiffc
textiles and carpets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges
or as otherwise defined iii 14 California Code of Regulations
Section 18982(a)(46). Biosolids and digestate are as defined
by 14 California Code of Regulations Seetion 18982(a). The
material must not contain in excess of 5% 'ly volume
garbage or non-organic recyclable materials. In residential
dwellings, if the material is placed in a ylastic bag, the bag
must only be a compostable plastic bag. In commercial
properties or multi-family residential properties, if the
material is placed in a plastic bag, the bag must be clear
plastic or a compostable plastic bag.
56. "Organic waste generator" means a person or
entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 Californ3a Code of
Regulations Section 18982(a)(48).
57. "Owner"meanstheholderorholdersoflegaltitle
to tlie real property constituting the preinises to which solid
waste collection service is provided.
58. "Paper products" include, but are not limited to,
paper janitorial suppIies, cartons, wrapping, packaging, file
folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 Califorrffa Code of
Regulations Section 18982(a)(51).
59. "Person" includes any person, firm, association,
organization, partnership, business trust, joint venture,
corporation, or company, and ixicludes the United.States, the
State of California, the County of Santa Clara, special
purpose districts, and any officer or agency thereof.
2021 S-84
6.24.020 Cupertino - Franchises 16
60. "Premises"meansanyland,buildingorstructure,
or portion thereof, within the City where any solid waste is
produced, kept, deposited, placed or accumulated.
61. "Printing and writing paper" includes, but is not
limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove
envelopes, manita envelopes, book paper, note pads, writing
tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(54).
62. "Prohibited container contarninants" means the
{011(illiiHg; (i) di5r)yd(d I'H3i@yii5 plBr.5d in fhe blue
container that are not identified as acceptable source
separated recyclable materials for the City's blue container;
(ii) discarded materials placed in the green container that are
not identified as acceptable source separated green container
organic waste for the Ciiy's green container; (iii) discarded
materials placed in the gray container that are acceptable
source separated recyclable materials and/or source
separated green container organic waste to be placed in the
City's green container and/or blue container; and (iv)
excluded waste placed in any container.
63. "Recovery" means any activity or process
described in 14 California Code of Regulations Section
18983. l(b), or as otherwise defuied in 14 California Code
of Regulations Section 18982(a)(49).
64. "Remote monitoring" means the use of the
internet of things (IoT) and/or wireless electroruc devices to
identify the types of materials in commercial businesses'
blue containers, green containers, and gray containers for
purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of prohibited
container contaminants. Remote monitoring may involve
installation of remote monitoring equipment on or in
coinmercial businesses' blue containers, green containers,
and gray containers. A remote monitoring program may be
implemented by ibe City, its designee, and/or a commercial
business at a later date, consistent with the terms of this
chapter. Remote monitoring is not expected to be used for
any residential premises.
65. "Residentialprernises"or"residential"meansany
single-unit dwelling or multi-unit residential property.
66. "Restaurant" means an establishment primarily
engaged in the retail sale of food and drinks for on-pren'iises
or immediate consumption, or as otherwise defined in 14
California Code of Regulations Section 18982(a%64).
67. "Route review" means a visual inspection of
containers along a hauler route for the purpose of
determining container contamination, and may include
mechanical or electronic inspection methods such as the use
of cameras, or as otherwise dermed in 14 California Code
of Regulations Section 18982(a%65).
68. "ShareTable"hasthesamemeaningasinSection
114079 of the Health and Safety Code.
69. "Single-stream recycling" means a recycling
program in which generators place multiple types of
recoverable materials in a single container that is designated
specifically for recyclables and is taken to a material
recovery facility for processing.
70. "Single-unit dwelling" or "single-family
dwelling" or "single-family" means one or more rooms and
a single kitchen, designed for occupancy by one farnily for
residential purposes. Each dwelling unit within a
condominium project, duplex, townhouse pro'3ect or
apartment, and each second unit located within a
single-family residential zoning district, shall constitute a
separate single-unit dwelling to which solid waste collection
service is provided, unless the owner or occupants thereof
arrange for solid waste collection service to be provided to
all dwelling units upon the premises at commercial rates.
71. "Solid waste" has tlie same meaning as defined in
California Public Resources Code Section 40191, and
generally means all items of solid waste including, but not
limited to garbage, non-organic recyclables, organic waste
and hazardous materials eligible for collection.
72. "Solid waste collector" means any person or
entity authorized by the franchise agreement between the
Franchisee and the City, in accordance with Section
6.24.120 of this chapter, to collect, receive, carry,
transport, process and dispose of aiiy garbage, non-organic
recyclables, organic waste and hazardous materials eligible
for collection, produced, kept or accumulated within the
City.
73. "Solid waste collection service" means the
collection, transportation and disposal of garbage, orgaruc
waste, non-organic recyclables and hazardous materials
eligible for colleetion by an authorized solid waste collector.
74. "SourceSeparated"meansmaterialsthat,priorto
eollection, are or have been separated or segregated by their
generator as to type or category of source material and are
or have been placed into separate containers according to
type or category, i.e. all metal is separated from other
recyclables and placed in its own separate container or
sepuate debris box.
75. "Source separated blue container orgai'iic waste"
means source separated organic waste that can be placed in
a blue container that is limited to the colleetion of those
organic waste and non-organic reeyclables as defined in I4
California Code of Regulations Section 18982(a%43), or as
otherwise defined by 14 California Code of Regulations
Section 17402(a)(18. 7).
76. "Soureeseparatedgreencontainerorganicwaste"
means source separated organic waste that can be placed in
a green container that is limited to collection of organic
waste by the generator, excluding source separated blue
2021 S-84
16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
container organic waste, carpets, non-compostable paper,
textiles, and manure.
77. "Source separated recyclable materials" means
source separated non-organic recyclables and source
separated blue container orgarac waste.
78. "Supermarket" means a full-line, self-service
retail store with gross annual sales of two million dollars
($2,000,000), or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some
perishable items, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(71).
79. "Tenant"meansanypersonorpersons,otherthan
the oiivr.er, cccap)ring cr in pcssession of a premises.
80. "Tier one commercial edible food generator"
means the following: (a) supermarkets; (b) grocery stores
with a total facility size equal to or greater than 10,000
square feet; (c) food service providers; (d) food distributors;
and (e) wholesale food vendors. If the definition in 14
California Code of Regulations Section 18982(a%73) of tier
one commercial edible food generator differs from this
definition, the definition in 14 California Code of
Regulations Section 18982(a%73) shall apply to this chapter.
For the purposes of this chapter, food recovery
organizations and food recovery services are not tier one
commercial edible food generators.
81. "Tier two commercial edible food generator"
means the following: (a) restaurants witli hvo hundred fifty
(250) or more seat.s or a total facility size equal to or greater
than five thousand (5,000) square feet; (b) hotels with an
on-site food facility and two hundred (200) or more rooms;
(c) health facilities with an on-site food facility and one
hundred (100) or more beds; (d) large venues; (e) large
events; (f) state agencies with a cafeteria with two hundred
fifty (250) or more seats or total cafeteria facility size equal
to or greater than five thousand (5,000) square feet; and (g)
local education ageney facilities with on-site food facilities.
If the definition in 14 California Code of Regulations
Section 18982(a%74) of tier two commercial edible food
generator differs from this definitioxi, the definition in 14
California Code of Regulations Section 18982(a)(74) shall
apply to this chapter. Non-local entities that operate a
facility that meets this definition are tier two commercial
edible food generators. For the purposes of this ehapter,
food recovery organizations and food recosiery services are
not tier two commercial edible food generators.
82. "Wholesale food vendor" means a busiiiess or
establislunent engaged in the merchantwholesale distribution
of food, where food (including fruits and vegetables) is
received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 California Code of Regulations
Section 189852(a)(76). (Ord. 21-2231, 8, 1, 2021; Ord.
20-2218, § 2, 2021; Ord. 15-2130, S, 1 (part), 2015; Ord.
2094, 8) 1, 2012; Ord. 2069, 8, 1 (part), 2010; Ord. 1572,
§ 1 (part), 1991)
6.24.030 Mandatory Solid W7aste Collection Service -
Owner Responsibfflty
A. The owner of each occupied residential or
nonresidential pren'ffses shall subscribe to and pay for at
least the minimum level of solid waste collection service
made available to that premises by the solid waste collector,
as specified in the franchise agreement between the city and
the solid waste collector executed pursuant to Section
6.24.120 of this Chapter or obtain an exemption under
Section 6.24.031 below. The owner of each occupied
residential or nonresidential pren'ffses shall subscribe to and
pay for a level of service sufficient to provide for the
collection of all solid waste generated on the premises.
Customers at non-residential premises must subscribe to
services on a regular weekly basis sufficient to prevent
container or bin overages and, where necessary, to extra
services to prevent overages. Noru-esidential customers'
solid waste, if bagged, shall be in clear plastic bags.
B. The charges for solid waste collection service
rendered or made available shall be paid for all periods of
time during which the premises are occupied, regardless of
whether or not the owner or tenant has any solid waste to be
colleeted on any particular collection date during such
occupancy. Occupancy shall be presumed unless evidence is
presented that gas, electric, telephone and water utility
services were not being provided to tlie premises during
such periods. Nothing iix this section is intended to prevent
an arrangement, or the continuance of an arrangement,
under which payments for solid waste colleetion service are
made by a tenant or tenants, or any agent or other person,
on behalf of the owner. However, any sucli arrangement
will not affect the solid waste collection service recipient's
obligation to pay for solid waste collection service as
providedherein. (Ord. 20-2218, § 3, 2021; Ord. 15-2130,
FH 1 (part), 2015; Ord. 2069, 8) 1 (part), 2010; Ord. 1572,
8, 1 (part), 1991)
6.24.031 Mandatory Solid Waste Conection Service
Exemption Procedhres.
An owner may obtain an exemption from the
mandatory solid waste collection service in section 6.24.030
through the following process:
A. An owner may apply to the Director for an
exemption from this section if (a) the applicable premises
2021 S-84
6.24.031 Cupertino - Franchises 16B
has been vacant and has not generated or accumulated any
solid waste for the previous sixty days, and (b) will continue
to be vacant for the foreseeable future.
B. Application for a vacancy exemption must be
made on the form provided by the city and submitted to the
Director for review and a determination as to the eligibility
in accordance with the city's vacancy exemption policy.
C. An exemption and any extension of such
exemption may be for a period of not more than one
hundred eighty days. (Ord. 15-2130, § I (part), 2015)
6.24.035 Mandatory Non-Organic Recycltng for
Businesses.
A. The owner or tenant designees of multi-family
dwelling premises are required to subscribe to and maintain
mandatory non-organic residential recycling services for
eachindiyidualhouseholdinthedwelling. Anexceptionmay
be granted at the discretion of the Director if it is
determined there is not sufficient storage space for the
containers at the multi-family dwelling premises.
B. All businesses are required to subscribe to and
maiiitain mandatory non-organic recyeling services if such
businesses generate greater than or equal to four (4) cubic
yards of solid waste per week. If the solid waste collector
transports containers of solid waste generated by the
business to a material recovery facility For the purposes of
mixed waste processing, thereby separatiiig non-organic
recyclables from the mixed waste and recycling the
non-organic recyclables, the business will be deemed to be
subscribing to non-organic recycling services.
C. The disposal of garbage in containers designated
for organic waste recycling or processing or for source
separated or single-strearn recycling is prohibited.
D. The solid waste collector is prohibited from
providing solid waste service to businesses subject to the
mandatory non-orgic recycling requirements without
providing anon-organic recycling programthat includes the
collection of a container no less than thirty-two (32) gallon
capacity, provided by the solid waste collector, at least one
(1) time per week. The only exceptions to this requirement
are the following:
1. The solid waste collector provides a mixed waste
processing program to the business in whicli solid waste
containers are taken to a material recovery facility for
processiixg to remove non-organic recyclable materials.
2. The solid waste coUector may verify the owner or
tenant designee has been granted an exception to the
mandatory non-organic recycling program from the
Director. (Ord. 20-2218, § 4, 2021; Ord. 15-2130, § l
(part), 2015; Ord. 2094, § 2, 2012)
6.24.037 Mandatory Organic Waste Disposal
Reduction,
6.24.037.010 Requirements for Single-Fatnily
Generators.
Single-family organic waste generators shall:
A. Subscribe to the City's organic waste collection
services for all organic waste generated. The City and/or its
designee shall have the right to review the number and size
of a generator's containers to evaluate the adequacy of
capacity provided for each type of eollection service and to
review the proper separation of materials and containment
of materials.
B. Participate in the City's organic waste collection
service by placing designated materials in designated
containers as described below, and not plaeing prohibited
container contaminants in collection containers. Generator
shall place source separated green container organic waste,
including food waste, in the green container; source
separated recyelable materials in the blue container; and
gray container waste in the gray container. Generator shall
not place materials designated for the gray container into the
green container or blue container.
C. Nothing in this section prohibits a generator from
preventing or reducing their solid waste generation,
managing organic waste on site, and/or using a cornrnunity
composting site pursuant to 14 California Code of
Regulations Section 18984.9(c). (Ord. 21-2231 8) 1, 2021)
6.24.037.020 Requirements for Commercial Business
Generators
Commercial business organic waste generators,
including multi-family organic waste generators, shall:
A. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, subscribe to the City's organic
waste collection service for all organic waste generated. The
City and/or its designee shall have the rigl'it to review the
number and size of a generator's containers and frequency
of collection to evaluate the adequacy of capacity provided
for each type of collection service and to review the proper
separation of materials and containment of materials.
B. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, participate in the City's orgarUc
waste collection service by placing designated materials in
designated eontainers as described below, and not placing
prohibited container contaminants in collection containers.
Generator shall place source separated green container
organic waste, inel.'iiding food waste, in the green container;
2021 S-84
16C Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.020
source separated recyclable materials in the blue container;
and gray container waste in the gray container. Genera.tor
shall not place materials designated for the gray container
into the green container or blue container. If organic waste
is placed in a plastic bag, the bag must be a clear plastic or
a compostable plastic bag.
C. Supply and allow access to adequate number, size
and location of collection containers with sufficient labels or
colors (conforming with Sections 6.24.037.020.D.1 and
6.24.037.020.D.2 of this code) for employees, contractors,
tenants, and customers, consistent with the City's blue
container, green container, and gray container collection
servic.e or, if haek-hauling, per the commercial business's
instructions to support its eompliance with its back-haul
program, in accordance with Section 6.24.037.050 of this
code.
D. Excluding multi-fan'ffly residential properties,
provide contaii'iers for the collection of source separated
green container organie waste and source separated
recyclable materials in all indoor and outdoor areas where
disposal containers are provided for eustomers for materials
generated by that business. Such eontaiiiers do not need to
be provided in restrooms. If a con'unereial business does not
generate any of the materials that would be collected in one
type of container, then the business does not have to provide
that particular container in all areas where disposal
containers are provided for customers. Pursuant to )4
California Code of Regulations Section 18984.9(b), the
containers provided by the business shall have either:
1. A body or lid that conforms with the contairier
colors specified by the City, with eitlter lids conforming to
the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color
requirements. Notwithstanding the foregoing, a eomrnereial
business is not required to replace functional containers,
including containers purehased prior to January 1, 2022, that
do not comply with the requirements of the subsection prior
to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first.
2. Container labels that include language or graphic
images, or both, indicating the primary material accepted
and the priinary materials prohibited in that container, or
containers with imprinted text or grapl'iic images tbat
indicate the primary materials accepted and priniary
materials prohibited in the container. Pursuant to 14
California Code of Regulations Section 18984.8, tlie
container labeling requirements are required on riew
containers cornmencing January 1, 2022.
E. Excluding multi-family residential properties, to
the extent practical through education, (raining, inspectior.i,
and/or otl'ier measures, prohibit employees from placing
materials in a container not designated for those materials
per the City's blue container, green container, and gray
coritainer collection service or, if back-hauling, per the
commercial business's instnictions to supportits eompliance
with its back-haul program, in accordanee with Section
6.24.037.050 of this code.
F. Excluding multi-family residential properties,
periodically inspect blue containers, green containers, and
gray containers for contamination and inform employees if
containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14
California Code of Regulations Section 18984.9(b)(3).
G. Annually provide information to employees,
contractors, tenaiits, and customers about organic waste
recovery requirements and about proper sorting of source
separated green container organic waste and source
separated recyclable n'iaterials.
H. Provide education information withirr fourteen
(14) days of new occupation of the premises to new tenants
that describes requirements to keep source separated green
container organic waste and source separated recyclable
materials separate from each other and gray container waste
and tbe location of containers and tlie rules governing their
USE.
I. Provide or arrange access for inspections
conducted in accordance with Section 6.24.037.070 of this
code to confirm compliance with the requirements of this
chapter.
J. Accornrnodate and cooperate with the City's
remote monitoring program, if any, for inspection of the
adequacy of capacity and the types of materials placed in
containers to identify prohibited container contaminants.
K. Atacornrnercialbusiness'soptionandsubjectto
any approval required from the City and/or its designee,
implement a remote monitoring program for self-inspection
and self-monitoring of the adequacy of capacity and the
types of materials placed in containers to identify prohibited
container contarninants.
L. Nothing in this section prohibits a generator from
preventing or reducing waste generation, managing organic
waste on site, and/or using a community composting site
pursuant to 14 California Code of Regulations Section
18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.030 Waivers for Comn'iercial Business
Generators.
A. De Minimis Waivers. Tlie Director may waive a
con'irnercial business's (including a multi-family residential
property's) obligation to comply with some or all of the
orgaxue waste collection service requirements of this chapter
if the corni'nercial business provides documentation
demonstrating that the business generates below the amount
of organic waste described in this section. A commercial
business requesting a de minimis wiaiver shall:
2021 S-84
6.24.037.030 Cupertino - Franchises 16D
1. Submit an application to the Director specifying
the service or requirements for whieh it is requesting a
waiver.
2. Provide documentation that either:
(a) The commercial business's total solid waste is
two (2) cubic yards or more per week and orgaxUc waste
subject to collection in a blue container or green container
comprises less than twenty (20) gallons per week per
applicable container of the business' total waste; or,
(b) The commercial business's total solid waste is
less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container
(riBpri5t-B lass than ten (10) gallons per week per applicable
container of the business's total waste.
(c) For the purposes of this section, total solid waste
shall be the sum of weeUy container eapacity measured in
cubic yards for solidwaste, non-organie recyclable material,
and organic waste.
3. Notify the Director if circumstai'ices change such
that the commercial business's organic waste exceeds the
threshold required for waiver specified iii this section, Di
which case the waiver will be rescinded.
4. Provide written verification of eligibility for a de
rninimis waiver to the Director every fiye (5) years, if the
City has approved a de rninirnis waiver.
B. PhysicalSpaceWaivers.TheDirectormaywaive
acommercial business's (including amulti-fan'ffIy resideritial
property's) obligation to comply with some or all of the
organic waste collection service requirements of this chapter
if the commercial business provides documentation
demonstrating that the premises lacks adequate space for the
collection containers required for compliance with this
chapter. A commercial business requesting a pl'iysical space
waiver shall:
1. Submit m application to the Director specifying
the service or requirements for u4iieb it is requesting 2
waiver.
2. Provide documentation that the premises lacks
adequate space for blue containers and/or green containers,
which may include documentation from its hauler, licerised
architect, or licensed engineer.
3. Notify the Director if the commercial business's
physical space configurations change, in which case waiver
will be rescinded.
4. Provide written verification of eligibility for a
physical space waiver to the Director every five (5) years,
if the City has approved a physical space waiver. (Ord.
21-2231, § 1, 2021)
6.24.037.040 Requirements for Haulers and Faeffity
Operators.
A. Requirements for Haulers
1. The exclusive francbised hauler providing
residential, cornmercial, or industrial orgari:xc waste
collection services to generators withinthe City 's boundaries
shall meet the following requirements and standards:
(a) The Franchise Agreement with the exclusive
franchised hauler will identify the facilities i.o which the
hauler will transport organic waste including facilities for
source separated recyclable materials and source separated
green container organic waste.
(b') Transport source separated recyclable materials
and source separated green container organic waste to a
facility, operation, activity, or property that recovers
organic waste as defined in 14 California Code of
Regulations, Division 7, Chapter 12, Article 2.
2. Nothing in this section is applicable to haulers
transporting source separated organic wastc to a community
composting site in a manner otherwise consistent with law,
or lawfully transporting C&D debris iii a manner 'that
complies with 14 California Code of Regulations Section
18989.1 and the City's C&D debris ordinances, codified at
Section 6.24.200 and 16.72.040 of this code.
3. Back-hauIers shall comply with the requirements
of Section 6.24.037.050 of this code.
B. Requirements for facility operators and
C01llmunlt51 COmpOStmg OperatlOnS
1. Owners of facilities, operations, and activities
that recover organic waste, including, but not limited to,
compost facilities, in-vessel digestion facilities, and
publicly-owned treatment works shall, upon the City's
request, provide information regarding available and
potential new or expanded capacity at their facilities,
operations, and activities, including information about
throughput and permitted capacity necessary for planning
purposes. Entities contacted by the City shall respond within
sixty (60) days.
2. Community eomposting operators shalI, upon the
City's request, provide information to the Cit5r to support
organic waste capacity plai'u'ffng, including, but not limited
to, an estimate of the amount of organic waste anticipated to
be handled at the community composting operation. Eritities
contacted by the City shall respond within sixty (60) days.
(Ord. 21-2231, 8, 1, 2021)
6.24.037.050 Requirements for Back-Haulers.
A. Back-haulers shall source separate all non-organic
recyclable material and orgm'fic wastc generatcd on-site from
solid waste in a manner consistent with 14 California Code
of Regulations Sections 18984.1.
2021 S-84
16E Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.050
B. Back-haulers shall haul their source separated
recyclable materials and source separated green container
organic waste for appropriate recovery.
C. Back-haulers shall keep records of the quantity of
non-organic recyclable material and organic waste being
back-hauled. The records shall include the following
information:
1. Delivery reeeipts and weight tickets fron'i tbe
entity accepting the non-organie recyclable material and
organic waste.
2. The amount of non-organic recyclable material
and organic waste in eubic yards or tons transported by the
generator to each entity.
3. If the material is transported to an entity that does
not have scales on-site, or employs scales incapable of
weighing the back-hauler's 'vehicle in a maiuier that allows
it to determine the weight of materials received, the back-
hauler is not required to record tbe weiglit of material but
shall keep a record of the entities that received the non-
organic recyclable material and organic waste.
D. Back-haulers shall, upon the City's request,
provide the records collected pursuant to this section.
Entities contacted by the City shall respond within sixty (60)
days. (Ord. 21-2231, F3 1, 2021)
6.24.037.060 Procurement.
Mulch procured for the purpose of meeting the City's
annual recovered organic waste product procurement target
pursuant to 14 California Code of Regulations Chapter 12 of
Division 7 must meet the requirements described in this
section for the duration of the applicable procurement
compliance year, as specified by 14 California Code of
Regulations Section 18993.1(f)(4):
A. Produced at one of the following facilities:
1. A compostable material handling operation or
facility as defined in 14 California Code of Regulations
Section 17852(a)(12), that is permitted or authorized under
14 California Code of Regulations Division 7, other than a
chipping aixd grinding operation or facility as defined in 14
California Code of Regulations Section 17852(a%lO);
2. A transfer/processing facility or transfer/
processing operation as defined in 14 California Code of
Regulations Sections 17402(a)(30) and (31), respectively,
that is permitted or authorized under 14 California Code of
Regulations Di'vision 7; or,
3. A solid waste landfill as defined in Public
Resources Code Section 40195. I that is permitted under 27
California Code of Regulations Division 2.
B. Meet or exceed the physical contamination,
maximum metal concentration, and pathogen density
standards for land application specified in 14 California
CodeofRegulations Sections 17852(a)(24.5%A)1 through3.
(Ord. 21-2231, 8) 1, 2021)
6.24.037.070 Inspections and Investigations.
A. The City and/or its designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, colleetion vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated
materials, to confirm compliance with this chapter by
organic waste generators, commercial businesses (including
multi-family residential properties), haulers, and
back-haulers, subject to applicable laws. This section does
not allow the City or its designee to enter the interior of a
residential premises for inspection. For the purposes of
inspecting commercial business containers for compliance
with Section 6.24.037.020 of this code, the City and/or its
designee may conduct container inspections for prolubited
eontainer contamiiiants usiixg remote monitoring, if such a
program is adopted, and commercial businesses shall
accommodate and cooperate with such remote monitoring
pursuant to Section 6.24.037.020.J of this code.
B. Regulated entity shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
City and/or its designee during such inspections and
investigations. Such ii'ispections and investigations may
include confirmation of proper placement of materials in
eontainers, inspection of edible food recovery activities,
review of required records, or other verification or
inspection to confirm compliance with any other requirement
of tl'iis chapter. Failure of the regulated entity to provide or
arrange for: (1) access to the premises; (2) installation and
operation of remote monitoring equipment, if a remote
monitoring program is adopted; or (3) access to records for
ai-iy inspection or investigation is a violation of this chapter
and may result in penalties described in Sections
6.24.037.080 aiid 6.24.240 of this code.
C. Any records obtained by the City and/or its
designee during inspections, remote monitoring, if sueh a
program is adopted, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section
6250 et seq.
D. The City and/or its designee are authorized to
conduct any inspectioxis, remote monitoring, if such a
program is adopted, or other investigations as reasonably
necessary to further the goals of this chapter, subject to
applicable laws.
E. Tlie City shall accept written eomplaints from
persons regarding an entity that may be potentially non-
compliant with this chapter, ii'icluding receipt o € anonymous
complaints. (Ord. 21-2231, F3 1, 2021)
2021 S-84
6.24.037.080 Cupertino - Franchises 16F
6.24.037.080 Enforcement.
A. For the period from January 1, 2022 througli
December 31, 2023, the enforcement officer and/or the
City's designee will conduct inspections, remote monitoring
(if such a program is adopted), route reviews, compliance
reviews, and investigation of complaints, depending upon
the type of regulated entity, to determine compliance with
the requirements of Section 6.24.037 of this code. If the
enforcement officer and/or the City's designee determines
that an organic waste generator, back-hauler, hauler, or
other entity is not in compliance with such section, the
enforcement officer and/or the City's designee shall provide
educational materials tc the entity, describing its obligations
under Section 6.24.037 of this code and that violations may
be subjectto administrative citations, fines, civil penalties or
other remedies beginning onJanuary 1, 2024.
B. Begmnmg January 1, 2024, any person who
violates any provision of Section 6.24.037 of this code shall
be subject to the penalties as provided in Section 6.24.240
of this code.
C. The enforcement officer and/or the City's
designee will monitor eompliance with Section 6.24.037 of
this code through eompliance reviews, route revievvs,
investigation of compl.aints, and an inspection program (that
may include remote monitoring, if such a program is
adopted).
D. The enforeement officer may issue a notice of
violation requiring compliance within sixty (60) days of
issuance of the notice. (Ord. 21-223I, § I, 2021)
6.24.038 Mandatory Edible Food Recovery.
6.24.038.010 Requirements for Commercial Edible
Food Generators.
A. Tier one eomn'iercial edible food generators must
comply with the requirements of this section commencing
January 1, 2022, and tier two eon'imercial edible food
generators must comply commencing January 1, 2024,
pursuant to 14 Califo'i'nia Code of ReguIations .Section
18991.3.
B. Large veriue or large eyent operators not
providing food services, but allowing for food to be
provided by others, shall require food facilities operating at
the large venue or large event to comply with the
requirements of this Section, comrnencing January 1, 2024.
C. Tier one and tier two commercial edible foorl
generators shall comply witli the following requirement.s:
1. Arrange to recoyer the maximum amount of
edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement
with, food recovery organizations or food recovery services
for: (a) the collection of edible food for food recovery; or,
(b) acceptance of the edible food that the commercial edible
food generator self-hauls to the food recovery organization
for food recovery.
3. Shall not intentionally spoil edible food that is
capable of being recovered by a food recovery organization
or a food recovery service.
4. Allow the department or designee to aecess the
premises, conduct inspections, and review electronic and
hard copy records pursuant to 14 California Code of
Regulations Section 18991.4.
5. Keep records that include the following
information, or as otherwise specified in 14 California Code
of Regulations Section i8991.4:
(a) A list of each food recovery service or
organization that collects or receives its edible food pursuant
to a contract or written agreement established under 14
California Code of Regulations Section 18991.3(b).
(b) A copy of all contracts or written agreements
established under L4 California Code of Regulations Section
18991.3(b).
(c) A record of the following information for each of
those food recovery services or foodrecovery organizations:
(i) The name, address and contact information of the
food recovery service or food recovery organization.
(ii) The types of food that will be collected by or
self-hauled to the food recovery service or food recovery
OrganlZatlOIL
(iii) The established frequency that food will be
collected or self-hauled.
(iv) The quantity of food, measured in pounds
recovered per montli, collected or self-hauled to a food
recoyery service or food recovery organization for food
recovery.
D. Tier one commercial edible food generators shall
submit food recovery reports meeting the requirements of
.Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before August 1, 2022, tier one
commercial edible food generators shall submit a food
recovery report for the period of January 1, 2022 through
June 30, 2022.
2. On or before May 1, 2023, and on or before May
1st each year thereafter, tier one commercial edible food
generators shall subn'fft a food recovery report for the period
covering the entire previous calendar year.
E. Tier two comrnereial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before May 1, 2025, and on or before May
1st each year thereafter, tier two commercial edible food
generators shall submit a food recovery report for the period
covering the entire previous calendar year.
2021 S-84
i6G Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.038.010
F. Food recovery reports submitted by tier one arid
tier two commercial edible food generators shall include the
following information:
1. The name and address of the commercial edible
food generator;
2. The name of the person responsible for the
commercial edible food generator's edible food reeovery
program;
3. A list of aIll contracted food recovery services or
food recovery organizations that collect edible food fromthe
eommercial edible food generator;
4. The total niunber of pounds of edible food, per
y-zp, donated through 2 eontracted food recovery
organization or food recovery service.
G. Nothing in this chapter shall be construed to lin'nt
or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or share table and school food
donation guidance issued by the California Department of
Education pursuant to Senate Bill 557 (2017). (Ord.
21-2231, § 1, 2021)
6.24.038.020 Requirements for Food Recovery
Organizations and Services.
A. Food reeovery services collecting, receiving, or
coordinating the collection of edible food directly from tier
one or tier two cornrnercial edible food generators, via a
contract or written agreement established under 14
California Code of Regulations Section 18991.3(b), shall
maintain the following records, or as otherwise specified by
14 California Code of Regulations Section 18991.5(a)(1):
1. The name, address, and contact information for
each commercial edible food generator from which the
service collects edible food.
2. The quantity in pounds of edible food collected
from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported
to each food recovery organization per month.
4. The name, address, and contact information for
eaeh food recovery organization that the food recovery
service transports edible food to for food recovery.
B. Food recovery organizations collecting,
reeeiving, or coordinating the collection of edible food
directly from tier one or tier two commercial edible food
generators, via a contract or written agreement establislied
under 14 California Code of Regulations Section
18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations
Section 18991.5(a%2):
1. The name, address, and contact information for
each con'unercial edible food generator from which the
organization receives edible food.
2. The quantity in pounds of edible food received
from each commercial edible food generator per month.
3. The name, address, and eontact information for
each food recovery service that the organization receives
edible food from for food recovery.
C. Food recovery organizations and food recovery
services that have their primary address physically located
in the City and contract with or have written agreements
with one or more tier one or tier two commercial edible
food generators pursuant to 14 Califoniia Code of
Regulations Section 18991.3(b) shall submit food recovery
reports meeting the requirements of Section 6.24.038 of this
code to the department or designee according to the
following schedule:
1. On or before August 1, 2022, food recovery
orgaxiizations and food recovery services shall submit a food
recovery report for the period of January 1, 2022 through
June 30, 2022;
2. On or before May 1, 2023, and on or before May
1st each year thereafter, food recovery orgaiffzations and
food recovery services shall subinit a food recovery report
for the period covering the entire previous calendar year.
D. Food recovery reports submitted by food recovery
services or organizations shall include the following
iriformation:
1. Total pounds of edible food recovered in the
previ.ous calendar year from tier one and tier two edible
food generators with whom the reporting entity has a
contra.ct or written agreement pursuant to 14 California
Code of Regulations Section 18991.3(b).
2. Total pounds of edible food recovered in the
previous calendar year from the tier one and tier two
commercial edible food generators tvithin Santa Clara
County with whom the reporting entity lias a contract or
written agreement pursuant to 14 California Code of
Regulations Section 1899L3(b).
E. In order to support edible food recosiery capacity
plarining assessments or other studies conducted by the
County of Santa Clara, the City, or designee, food recovery
serviees and food recovery organizations operating in the
City shall provide information and consultation to the City,
desigi'iee, or department, upon request, regarding existing,
or proposed new or expanded, food recovery capacity that
could be accessed by the City and its tier one and tier two
commercial edible food generators. A food recovery service
or food recovery organization contacted by the City, the
department, or designee shall respond to such request for
information within sixty (60) days, unless a shorter
timefrarne is specified. (Ord. 21-2231, 8, 1, 2021)
2021 S-84
6.24.038.030 Cupertino - Franchises 16H
6.24.038.030 Edible Food Recovery Inspections and
Investigations by Department or
Designee.
A. The department and/or designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators to confirm compliance
with this chapter by tier one and tier two commercial edible
food generators, food recove.ry services, and food recovery
organizations, subject to applicable laws. This section does
not allow the department or designee to enter the interior of
B residential premises for inspectinn.
B. Regulated entities shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
department's or designee's en'iployees during such
inspections and investigations. Sucli inspections and
in'vestigations may include in-person or eIectronic review of
edible food recovery activities, records, or any other
requirement of this chapter described herein. Failure to
provide or arrange for access to the premises or access to
records for any inspection or investigation is a violation of
this cliapter and may result in penalties described in Section
6.24.038.040 of this code.
C. Any records obtained by the department or
designee during inspections, and other reviews shall be
subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in
Government Code Section 6250 et seq.
D. Representativesofthedepartrnentand/ordesignee
are authorized to conduct any inspections, or other
investigations as reasonably necessary to further the goals of
this chapter, subject to applicable laws.
E. Department shall receive written con'ipIairits,
including anonymous complaints, regarding entities tbat may
be in yiolation of this cl'iapter. Complaints shall include the
name and contact information of the complainant, if the
complainant is not anonymous; the identity of the alleged
violator, if known; a description of the alleged yiolation
including location(s) and all other relevant facts known to
the complainant; any relevant photographic or documentary
evidence to support the allegations in the complaint; ax'id the
identity of any witnesses, if known. (Ord. 21-2231, F§ 1,
2021)
6.24.038.040 Enforcement.
A. Administrative Fine. Violation of any provision
of this chapter shall constitute grounds for issuance of a
notice of violation and assessment of m administrative fine
by the department. Absent eompliance by the respondent
within the deadline set forth in the notice of violation, the
department shall cornrnence an action to impose penalties,
via an administrative citation and Fine.
B. Notice of Violation. Bef'ore assessing an
astrative fine, the department shall issue a notice of
violation requiring compliance within sixty days of issuance
of the notice. The notice shall include: (1) the name(s) of
each person or entity to whom it is directed, (2) a factual
description of the violations, including the regulatory
section(s) being violated, (3) a compliance date by which the
respondent is to take specified action(s), and (4) the penalty
for not complying before the specified deadline.
C. Extensions to Compliance Deadlines. The
department may extend the compliance deadlines set forth in
a notice of violation if it finds that there are extenuating
circumstances beyond the control of the respondent that
make compliance within the deadliiies impracticable,
including the following:
1. Acts of God such as earthquakes, wildfires,
flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other
government agency approvals;
3. Defieiencies in edible food recovery capacity and
the existence of a corrective actionplan imposed pursuant to
14 California Code of Regulations Section 18996.2 due to
those deficiencies; or,
4. Any other circumstaixce in which the department
director, in their sole discretion, finds good cause to extend
the compliance deadlines.
D. Administrative Citations. If the respondent fails
to correct the violation by the compliance date, the
department shall issue an administrative citation and fine.
The citation shall include a descripti.on of the administrative
citation appeal process, including the designated hearing
officer, the time within which the administrative citation
may be contested, and instructions for requesting a hearing.
E. Amount of Pine. The amoui'it of the
administrative fine for each violation of this chapter shall be
as follouis:
1. For a first violation, the amount of the base
penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base
penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of
the base penalty shall be $250 to $500 per yiolation.
F. Factors Considered in Deterrnining Penalty
Amount. The following factors shall be used to determine
the amount of the penalty for each violation withiix the
appropriate penalty range:
1. The nature, circumstances, and severity of the
violation(s).
2. The violator's ability to pay.
3. The willfulness of the violator's misconduct.
2021 S-84
16I Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.030
4. Whether the violator took measures to avoid or
mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from
the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions
outside the control of the violator.
G. Appeals. Persons receiving an administrative
citation for m uncorrected violation may request a hearing
to appeal the citation. The City will designate a hearing
officer who shall conduct the hearing and issue a final
written order. The hearirig officer may be a City official or
another public agency designated by the City. The hearing
officer shall be identified in the administrative citation. A
liearing will be held only if it is requested within fifteen (15)
days from the date of Lhe notice of the adxninistrative
citation.
H. Other Remedies. Other rei'itedies allowed by law
may be used to enforce this chapter, including civil action or
criminal prosecution as misdemeanor or infraetion. The
department and/or City may pursue civil actions in the
California courts to seek recoyery of unpaid administrative
citations. The department may choose to delay court action
until such time as court action is a reasonable use of staff
and 'resources.
I. EducationPeriodforNon-Compliance.Begiruiing
January 1, 2022, and tl-irough December 31, 2023, tlie
department and/or designee will conduct inspections and
compliance reviews. If the department and/or designee
determines that a tier one eonunercial edible food generator,
food recovery organization, eood recovery service, or other
entity is not in complianee with Section 6.24.038 of this
code, it shall provide educational materials to the entity
describing its obligations under Section 6.24.038 of this
code and a notice that compliance is required. It shall also
provide notice that violations may be subjeet to
admiriistrative eivil penalties starting on January 1, 2024.
(Ord. 21-2231, § 1, 2021)
6.24.040 Commencement of Solid Waste Collection
Service.
The owner or tenant shall commence solid uiaste
colleetion service within ten days after occupancy of a
premises, or portion thereof. In the event service is not
initiated within such period of time, the Director may give
written notice to the owner or tenant that solid waste
collection service is required. If service is not initiated by
the owner or tenant within ten days after the date of mailing
the notice, the Director shall authorize the solid waste
colleetor to begin and continue providing the minimum level
of solia waste collection service to such premises and the
service shall be deemed to have been rnade available as of
the date of such authorization. (Ord. 15-2130, S, 1 (part),
2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, § I (part),
1991)
6.24.050 Frequency of Disposal.
No more than one week's accumula.tion of garbage
shall be kept or permitted to remain upon any premises in
the City. At least once a week, all garbage and organic
waste produced, kept, deposited, placed or accumulated
within any premises in the City shall be disposed of in
accordance with the provisions of this chapter. Dry
non -organic recyclables may be acciunulated for up to one
t'nonth (if necessary to reasonably fill the collection
container), so long as they are not stored within view of the
public right of way and are kept in appropriate containers.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, 8, 1 (part),
2010; Ord. 1572, § 1 (part), 1991)
6.24.060 Method of Garbage, Organie Waste and
Non-Organic Recyclables Disposal.
All garbage, organic waste and non-organic recyclables
subject to solid waste collection service shall be disposed of
by delivery of the appropriate container to an authorized
collection station, located as to be readily accessible for the
removal and emptying of its contents by the solid waste
collector. (Ord. 21-2231, § 1, 2021; Ord. 15-2130, 8) I
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, 8, 1
(part), 1991)
6.24.070 Garbage, Organic Waste and Non-Organic
Recyclables Containers.
A. All garbage, organic waste materials and
non-organic recyelables containers shall be kept in a sanitary
condition with the lid closed or c.ap seeured, except wlien
being loaded or unloaded.
B. Garbage,organicwastemateriaIlsandnon-organic
recyclables containers for residential premises shall be
provided by the solid waste collector and be sized based on
the level of subscription for services requested by the
responsible party or as may be required by this Chapter
6.24. Containers shall not be loaded with more materials
than will fit in the container with the lid closed or cap
secured, or in excess of the weight limit marked on the
container. All containers for business stn'icture premises
shall be provided by or approved by the solid waste
collector, except for industry approved grease or cooking oil
tallow bins that shall be provided by a designated tallow
hauler.
C. Garbage, orgic waste and non-organic
recycling containers shall be collected by the solid uiaste
2021 S-84
6.24.070 Cupertino - Franchises 16J
collector when the containers are pIaced at the collection
station; provided, however, that the eollection may be made
at such other location upon approval by the Director, based
on the services subscribed for by the responsible party.
D. Garbage containers, organic materials containers
and non-organic recycling containers shall be placed at me
authorized collection station not more than twenty-four
hours before the scheduled collecti.on time, unless the
resident subscribes for 'Walk-Up' services. All containers
shall be removed from the collection station area within
twenty-four hours after collection. Where containers are
placed within a designated bike lane, containers shall be
removed viithiri twelve hours after ccllecticri. Al! bins,
boxes, and containers of one cubic yard or more, which are
serviced by the solid waste collector, shall be identified with
the name and telephone number of the collector servicing tl'ie
bins, boxes and containers. (Ord. 15-2130, § 1 (part), 2015 ;
Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; 1572,
§ 1 (part), 1991)
6.24.080 Inappropriate Containers.
It is the duty of the authorized so).id waste collector,
unless otherwise allowed under the current franchise
agreement, to provide the biixs, 'boxes and containers. The
use of garbage, organic materials and non-orgai'iic recyclii'ig
containers which do not meet the standards set forth iii
Section 6.24.070 of this chapter shall be subject to
regulations prescribed by the Director. The solid waste
collector may propose for City approval additional charges
to be paid the solid waste collector for the collectiiig and
transporting of the inappropriate containers or waste
contained therein. (Ord. 20-2218, 816, 2021 ; Ord. 15-2130,
§ 1 (part), 2015; Ord. 2069, § l (partl 2010; Ord. 1626,
(part), 1993; Ord. 1572, 8, 1 (part), 1991)
6.24.090 Burning Restrictions.
It is unlawful for any person to burn, or cause to be
burned, any solid waste within the City or to burn, or cause
to be burned, any waste upon public streets, ways or alleys.
(Ord. 15-2130, 8) 1 (part), 2015; Ord. 2069, e) 1 (part),
2010; Ord. 1572, FB 1 (part), 1991)
6.24.100 Disposal of Explosive or Hazardous Material
Restrictions.
No person shall deposit in anti garbage organic waste
or non-organic recycling container any explosive, highly
inflammable or otherwise hazardous material or substance.
(Ord. 15-2130, F3 1 (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 199].)
6.24.I10 Unauthorized Disposal Prohibited.
A. It is unlawful for any person or entity in the City
to throw, deposit or store refuse, garbage or hazardous
waste, or to cause the same to be thrown, deposited or
stored, upon any street, alley, gutter, park, or other public
place. Furthermore, no property owner and/or tenant with
control over any premises shall keep or maintain any
garbage, non-organic recyclables, organic waste, hazardous
materials, or any waste effluent such as grease or oil on any
premises svithin tlye City other than in containers as required
by Section 6.24.070 and/or any other provisions of this
chapter. Waste water must go to the sanitary sewer; if it
contains oil or grease a grease trap may be required.
B. Nothing contained in Section 6.24.070, Section
6.24.080 or this Section 6.24. 110 shall prevent a property
owner and/or tenant with control over any residential
premises from keeping or maintaining organic waste in a
residential cornposting bin designed and intended for
residential composting. Residential composting materials and
containers shall not be stored in public view. (Ord.
15-2130, 8, 1 (part), 2015; Ord. 2069, 8,1 (part), 2010; Ord.
1572, FB 1 (pa'rt), 1991)
6.24.120 Franchise Granting Authority.
The City Council may award an exclusiye franchise to
any person or entity the Council believes is qualified to
perform solid waste collection service. Such franchise
agreement shall require tlie solid waste collector to render
service to all residential and nonresidential premises within
the City in aeeordance with the provisions of this chapter
and in conformity with such regulations as may be adopted
by the Director with the approval of the City Council.
Additional terms of such franchise agreement shall not
conflict with any of the provisions of this chapter, Chapter
9. 16 or Chapter 10.48. (Ord. 20-2218, § 7, 202I ; Ord. 15-
2130, 8, 1 (part), 20L5; Ord. 2069, 8, l (part), 2010; Ord.
1572, (il (part), 1991)
6.24.150 Charges for Solid Waste Coueetion Service.
The City Council reserves the right to establish by
resolution a maximum schedule of rates and charges for all
levels of solid waste collection services to be rendered by
tlie solid waste collector, who shall then have authority to
collect such rates and charges. The schedule may be
changed from time to time in the manner prescribed by the
franchise agreement between the City and the solid waste
collector. (Ord. 20-2218, § 8, 2021; Ord. 15-2130, F3 1
(part), 2015; Ord. 2069, § I (part), 2010; Ord. 1572, § 1
(part), 1991)
6.24.160 Entitlement to Collect for Solid Waste
Collection Service.
The solid mste collector shall be entitled to payment
from the recipient of solid waste collection service for any
services rendered or to be rendered by the solid waste
collector. Upon failure to make such payment, the means of
I
2021 S-84
16K Garbage, Non-Organic Recycling and Organic Waste Recycling Conection and Disposal 6.24.160
collecting delinquent charges shall be in accordance with the
procedures set forth in Sections 6.24. 170 tbrough 6.24. 180
of this Chapter. (Ord. 20-2218, § 9, 2021; Ord. 15-2130,
S, I (part), 2015; Ord. 2069, § l (part), 2010; Ord. 1572,
8, 1 (part), 1991)
6.24.170 Notification of Delinquency.
If a bill for solid waste collection service becomes
delinquent, the solid waste collector shall send or deliver
notice of delinquency in the form and manner set forth in the
franchise agreement, and indicating the amount owed for
solid waste collection service, including the amount of late
(l3yge5 Illal may be imposed thereon, and advisiiig that
failure to pay the same will result in increased penalties and
that tlie solid waste collector may prirsue other remedies
consistent wish law regulating the collection of debts. (Ord.
20-2218, F§ 10, 2021; Ord. 15-2130, F3 1 (part), 2015; Ord.
2069, 53 1 (part), 2010; Ord. 1572, F§ L (part), 1991)
6.24,180 Remedies for Delinquent Account.
If a bill for solid waste collection service remains
delinquent for more than forty-five (45) days, and the solid
waste collectorhas givennotice as requiredherein, the solid
waste collector shall be entitled to collect a late charge in
such amount as set forth in the franchise agreement with the
solid waste conector. In the event the bill for solid waste
collection service, together with any late charge thereon,
remains delinquent for more than ninety (90) days, and the
solid waste collector has given notice as required herein, the
solid waste collector may pursue any remedies consistent
with the franchise agreement and law regulating the
collection of debts for services rendered by the solid waste
collector. (Ord. 20-2218, 8, 11, 2021; Ord. 15-2130, fg I
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, % 1
(part), 1991)
6.24.190 Recycle Centers.
The City may operate one or more centers -for the
collection of recyclable materials or may enter into a
contract with a priyate party to operate such centers. The
City may contract with the same solid waste collector
awarded the franchise for solid waste collection service or
with ai'iy other party for the processing and transportation of
the recyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
designate what material shall be deemed recyclable and
which may therefore be disposed of by delivery to a recycle
center. (Ord. 15-2130, § I (part), 2015; Ord. 2069, !) I
(part), 2010; Ord. 1572, 8, 1 (part), 1991)
6.24.200 Unauthorized Solid Waste Collection.
A. No person shall collect any garbage, mixed
non-organic recyclables, or organie waste from containers
provided by the solid waste collector when the containers
are located at the collection station and/or wit a solid
waste enclosure recycling area, unless such person is an
agent or employee of the City acting within the eourse and
scope of his employment, or has been awarded a franchise
by the City to act as solid waste collector.
B, No person shall collect any garbage, mixed
non-orgaiffc recyclables, organic waste, or construction and
demolition materials through the use of debris boxes,
compactors and bin-by-the-day services, which is p roduced,
kept or accumulated within the City, hinless such person is
an agent or employee of the City actirig within the course
and scope of his employment, or has been awarded a
franchise by the City to act as solid waste collector. The
City shall notify any person or entity violating this section
that the prompt and permanent removal of any collection
bin, box or container fom the place or premises is required.
The City's solid waste collector may take lega] action to
protect the exclusive rights granted to the solid waste
collector in tl'ie franchise agreement. Tlie Collowing
situations are exempt from this section:
1. The transporting of garbage or non-organic
recyclables aiid organic waste by the property owner, that
have been generated on the property by the owner of the
property or by an individual or entity leasing or renting the
property from tl'ie property owner.
2. Collection of non-organic recyelable materials or
organic material which have been source separated from
other solid waste by the generator and which the generator
sells or donates to any other person or organization, or any
orgai'nc or non-organic recyclable materials whieh haye a
value equal to or more than the cost of eollection.
3. Removal of construction, remodeling or
demolition debris as part of a total service offered by the
contractor, where the removal is performed by an en'iployee
of the contractor using only equipment owned by the
eontractor.
4, Removal of green waste or plaiit trinirnings by a
gardeiig, landscaping, or tree trimn'mg contractor as arr
incidental part of a total service offered by that contractor.
5. Collection of grease wastes from grease bins,
grease traps or grease interceptors.
6. Collection of horse manure Fi'om residences or
non-residential properties.
7. Collection of hazardous materials.
8. Collection of non-hazardous material that is
greater than fifiy percent (50%) liquid (including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, § 1
(part), 2015; Ord. 2094, 8, 3, 2012; Ord. 2069, S) I (part),
2010; Ord. 1572, S, 1 (part), 1991)
2021 S-84
6.24.210 Cupertino - Franchises 16L
6.24.210 Interfering with Solid Waste Collection
Service.
No person shall, in any manner, interfere with the
performance of solid waste collection services being
rendered by an agent or employee of the City acting within
the course and scope of his employment, or being rendered
by the authorized solid waste collector. (Ord. 15-2130, F3 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, S, 1
(part), 1991)
6.24.220 Unauthorized Use of Solid Waste Collectio'n
Service.
No person shall deposit, place or accrirnulate, or allow
the deposit, placement or accumulation upon a premises for
pick up by the solid waste collector, any solid waste
produced from another premises where suc2i action results
in the avoidance or reduction of any solid waste collection
service charges that would otherwise be payable for
collection of such solid waste from the premises at which it
was produced. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069,
§ 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.230 Rules and Regulations Adopted.
A. The Director shall adopt such rules and
regulations as may be necessary for the proper
administration and enforcement of this chapter, and any
franchise, contract or license issued or executed thereunder,
including regulations relating to the required frequency of
collection from various types of places and pren'iises, and
the types of special containers required for eertain classes of
places and premises.
B. The Director shall resolve all disputes concerning
the administration of this chapter and ariy franchise,
contract, or license issued or executed there under. Any
affected person who is dissatisfied with the determination of
the Director may, within ten days after such decision appeal
the same to the City Couneil. Such appeal must be in
writing, filed with the City Clerk, and must set forth the
reasons for such appeal.
C. Disputes concerning the enforeement of this
chapter by an administrative citation issued pursuant to
Chapter 1. 10 shall be resolved by means of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continued, during the time
aiiy such appeal is pending. (Ord. 15-2130, f§ 1 (part),
2015; Ord. 2069, e) I (part), 2010; Ord. 1572, § 1 (part),
1991)
6.24.240 Violation-Penalty.
The City may address violations of this chapter by
issuing administrative citations, fines, and penalties as set.
forth in Chapter 1. 10 of this code. Alternatively, the Ciiy
rnay prosecute any violation of this chapter as a
misdemeanor, punishable as providedin Chapter 1. 12 of this
Code. (Ord. 21-2231, F§ 1, 2021; Ord. 15-2130, § 1 (part),
2015; Ord. 2069, 8, I (part), 2010; Ord. 1572, F3 1 (part),
1991)
2021 S-84
9.16.010
CHAPTER 9.16: SOLID WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9. 16.010 Purpose.
9.16.020 Definitions.
9.16.030 Applicabilityofregulations.
9.16.040 Sitedevelcpmentregulations.
9.16.045 Solid waste, non-orgainc recycling arid
organic recycling enclosures
9.16.050 Maintenanceandcollection.
9.16.060 Violation-Penalty.
9.16.010 Purpose.
A. The City is required to comply with the applicable
provisions of the California Integrated Waste Management
Act (AB939 or "Act"), as amended, wliich is codified in the
California Public Resource Code begiiu'iing at section
40000. The Act requires that by and aft.er Janriaxy 1, 2000,
fifty percent (50%) of the solid waste generated n'iust be
divertedthroughsourcereducti.on, recyclingandeomposting
actiyities. h 2014, the Act was amended by Assembly Bill
1826 which requires that by April 1, 2016 a business t)iat
generates eight (8) cubic yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by January 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recyclLng services specifically for organic waste;
by January 1, 2019, a business that generates four (4) c'i'ibie
yards or more of commercial solid waste per week, must
arrange for recyclingservices specifically for orgariic waste;
by January 1, 2020, if the State determines that statewide
disposal of organic waste has not been reduced to fifTy
percent (50%) of the level of disposal durin,g 2014, a
business that generates two cubic )iards or 'ii"iore per week of
cornrnercial solid waste must arrange for the orgaiffc waste
recycling, unless the State determines that this requirernent
will not result in significant additional reductions of orgaiucs
disposal.
B. The lack of adequate areas for collecting and
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an hirgent need for the
City to address access to solid waste for source reduction,
recycling aiid composting activities. The State Legislature,
in passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all local ageneies
to adopt m ordinance relating to adequate areas for
c.ollec.ting and loading recyclable materials in development
projects. The City has adopted the State's model ordinance
to fit local conditions, in a manner that complies with AB
1327.
C. Assembly Bill 1826 authorizes the City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
space in multifarnily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-21'30,
§ 2 (part), 2015; Ord. 2085, 8, 2 (part), 2011; Ord. 1671,
(part), 1994)
9,16,020 Definitions.
The words and phrases used in this chapter have the
same meaning as set forth in Section 6.24.020 of this Code
unless defined in this section. In which case, as used in this
chapter:
A. "Business Struchire" means a building or
buildings within a property occupied by one or more
businesses.
B. "Development project" means any of the
following:
1. A project for which a building permit is required
for a cornrnercial, industrial, institutional or quasi-public
building, or residential building having five or more living
units, where solid waste is collected and loaded.
2. Any residential project where solid waste is
collected and loaded in a location serving five or more living
11nitS.
3. Any new public facility where solid waste is
collected and loaded, including any improvements to the
areas of a public facility which are used for collecting and
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts there
is m area where solid waste is collected and loaded in a
location which serves five or more living units. In such
instances, recycling areas as specified in this chapter are
only required to serve the needs of the living units which
utilize the solid waste collection and loading area.
2015 S-49 34B-1
9.16.020 Cupertino - Health and Sanitation 34B-2
C. "Improvement" means a site or building change
which adds to the value of a facility, prolongs its useful life,
or adapts it to new uses, including but not limited to a
building permit, development permit, or use permit.
D. "Director" means the Director of Public Works
and his/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constituting the premises to which
solid waste collection service is provided.
P. "Project applicant" n'ieans any person, firm, or
governmental agency who executes the necessary forms to
procure official appro'val of a project, land use modification,
<)y q perrrt.it to Carr)7 out constniction nf a project,
G. "Public facility" means, but is not limited to,
buildings, structures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting aiid loading of recyclable materials including solid
waste. Such areas shall have the ability to accommodate
receptacles for non-organic and organic reeyclable
materials, solid waste and grease or eooking oil. Reeycling
areas shall be accessible and convenient for those who
deposit as well as those who collect and load the reeyclable
materials and solid waste placed in the reeeptacles.
Recycling area is also referred to as solid waste,
non-organic recycling and organic recycling enclosures in
this Chapter.
I. "Trioset(s)"meansasetofpermanentlyinstalled
(anchored to the ground) outdoor receptacles consisting of
kee separate containers one each for solia uiaste,
non-organic recyclables and organie waste, each labeled to
indicate the material type contained therein, and installed
together in a visible collection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or liquid wastes (collectively
"wet waste") which, if left out in the open as opposed to in
a secured container, could create a public nuisarice as well
as a stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
15 -2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord.
16 71, (part), i994)
9,16,030 Applicabffity of Regulations,
A. The site development regulations prescribed in
Section 9. 16.040 of this code shall apply to all businesses,
business structures and project sites which are subject to
City review and approval for iniprovements, changes or
modifications.
B. The City may exempt business struetures, owners
and/or project applicants from the obligation to comply with
some or all of the requirements of this chapter and Chapter
6.24 of mis code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, § 1,
2021 0rd. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part),
2011; Ord. 1671, (part), 1994)
9.I6.040 Site Development Regulations.
All projects as provided for in Section 9.16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated organic
materials, solid waste, ineluding Hrease and cooking oil.
Covered recycling areas built to enclose solid waste,
recyclirig and organics containers, and grease tallow bins are
considered accessory struehires and are thus subject to the
provisions of Chapter 19. 100.
A. Recycling areas shall not be located in any area
required to be constructed or maintained as unencumbered,
accordirrg to any applicable federal, state or local laws
relating to fire, access, building, transportation, circulation
or safety.
B. The development of new or modified recycling
areas shall generally comply with the City's Public Works
Guidelines for "Non-Residential Building Trash &
Recyding Enclosures or Guidelines for Multi-Family
Dwelling (5 or more units) Trash and Recycling
Enclosures."
C. Any costs associated with adding garbage and
recyeling enclosure storage space to existing development
projeets shall be the responsibility of the project applicant or
Owner,
D Recyeling areas for existing multiple tenant
development projects shall, at a minimum, be sufficient in
capaeity, number, and distribution to serve that portion of
the development project leased by the tenant who submitted
an application resulting in the requirement of a recycling
area under Section 9. L6.030.
E. OutdoorPublicRecycling,OrganicsaixdGarbage
Containers:
1. Trio set(s) must be installed by the project
applicant or property owner at all new, improyed or
modified business structures. An alternative set of bins that
provide equal containment of public litter may be allowed if
deemed appropriate by the Director. If the Director
determines that the potential impact from litter inthe vicinity
of the business is negligible, this requirement may be
Waiyed,
f
2021 S-84
37 Protected Trees 14.18.130
B. Where approval of a tree removal pern'fft that is
subject to the notice and posting requirements of this section
is granted by the City, the property owner shall retain the
posted notice on site until the tree is removed.
C. Specimen trees with single trunk urider
twenty-four inches DBH or multi-trunk under forty-eight
inches DBH, and trees listed under exemptions in Section
14. 18. 150 do not require notice or posting. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2107, 8, 2 (part), 2013; Ord. 2085,
!)2 (part), 2011; Ord. 2003, 2007)
14.18.140 Tree Management Plan.
A (((t management plan mad be approved for a
property that includes criteria for the removal of certain
trees in the future by anticipating the eventual growth of
trees on the property and specifying a time franqe in wliich
the trees may require removal to prevent overcrowding of
trees. Additional criteria may be considered for the phased
removal of trees, including, but not limited to: site
maintenance, accessibility iniprovements, natural tree
lifespan, and landscape/site improyiements that are
deternnned to be appropriate by the Comtnunity
Development Director.
A. Application. An application for a tree
management plan shall contain the followiiqg:
1. A tree plan indicating all existing trees to be
retained and all new trees to be plaiited that are part of tlie
approved landscape plan;
2. Labeling of the species, size in DBH at planting
time or at time of tree management plan approval, location
and eventual growtli size of each tree on the plan;
3. A written explanation of the specific tree(s) to be
removed, including the eventual growth size in DBH at
which time the tree is to be remosied, and a tii'i'ie frame iii
which the tree(s) will reach the eventual growth size;
4. Tree survey plan indicating the number,
location(s), variety and size (measured four and a half feet
above grade) of tree(s) to be remosied;
5. A strategic repIacement planting plaii to manage
growth during tree growth phases;
6. An arborist report from an arborist certified by
the International Society of Arboriculture for all mature
specimen trees ; and
7. Notice and posting to residence, Section
14. 18. 130.
B. Approyal authority. An application for a t.ree
management plan in conjunction with a development
application shall be considered by the approsial authority
concerning the same property as the affected tree
rnanagement plan application, and the deterinination on the
tree management plan shall be made concurrently by the
approval authority. In the instance where a development
applicant is not required per Table 19. 12.030, the Director
of Community Development shall reyiew and approve the
tree management plan.
C. Recordation. The property owner shall have
retention information placed on the property in accordance
with Section 14.18.100, referring the approved tree
n'ianagement plan, upon approval.
D. Permits. Trees that are listed to be removed in the
tree management plan may be removed within the specified
tin'ie frame per the tree management plan without a tree
removal permit, except for trees designated as heritage
trees. (Ord. 14-2126, 8, 3 (part), 2014; Ord. 13-2107, § 2
(part), 2013 ; Ord. 2085, § 2 (part), 2011 ; Ord. 2003, 2007)
l4.l8.l50 Exemptions.
A. A tree removal permit is not required in the
following situations:
1. Non-mature specimen tree(s) with single-ti'unk
less than twelve inches DBH or multi-trunk less than
twenty-four inches DBH.
2. Tl'iinnii'ig out/removing of trees iii accordance
with a recorded tree management plan that has been
approved in accordance with Section 14. 18. 140.
3. Public utility actions, under the jurisdiction of the
f%blic Utilities Commission of the State of California, as
rtay be necessary to comply with their safety regulations, or
to maintain the safe operation of their facilities.
B. The following circumstances warrant the removal
of trees prior to securing a permit from the City; liowever
a tree removal pern"fft application, with no application fees
or noticing required, must be filed within five working days
as described in Sections 14. 18. 170. Tree replacements may
be required in conjunction with approval of this tree ren'ioval
permit (Section 14. 18. 160):
1. Removal of a protected tree in case of emergency
caused by the hazardous or dangerous condition of a tree,
requiring immediate action for the safety of life or property,
including but not limited to, (e. g., a tree about to fall onto
a principle dwelling due to heavy wind velocities, a tree
deemed unsafe, or a tree having the potential to imniediately
darnage existing or proposed essential structures), but only
upon order of the Director of Community Development, or
any member of the slieriff or fire department. However, a
subsequent application for tree removal must be filed within
five working days as described in Sections 14.18.110
througli 14.18.120. The Director of Community
2014 S-46
14.18.150 Cupertino - Streets, Sidewalks and Landscaping 38
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this situation.
2. Dead trees, as determined by the Director of
Community Development prior to removal. However, a
subsequent application for a tree removal must be filed
uiithin five working days as described in Section 14. 18. I IO
through 14.18.120. The Director of Comrnrinity
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjimetirin with the approval. No application fee or other
approval process shall be required in this situation. (Ord.
14-2126, § 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013;
Ord. 2085, 8, 2 (part), 2011; Ord. 2003, 2007; Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 7.1, 1991)
14.18.160 Tree Replacement.
A. Tree replacement:
1, The approval authority n-iay iinpose the followii'ig
replacement standards for approval of each tree to be
removed in conjunction with an approved tree removal
permit, unless deemed otherwise by tlie approval authori.ty.
Table L4.I8.I60A may be used as a basis for this
requxrement.
Tahle I4.I8.I60A - Replacement Tree Guidelines
2. The approval authority shall work with the
applicant/property owner of the tree removal permit to
determine (he location of the replacement tree(s).
B. In lieu fees. The following provisions apply to all
zones unless otherwise noted below:
1. Ifareplacementtreecannotreasonablybeplanted
on the subject property as determined by a certified arborist,
an in-lieu fee shaIll be paid by the person requesting the tree
removal permit. Fees shaIl be paid to the City's Tree Fund
to:
a. Add or replace trees on public property in the
vicinity of the subject property; or
b. Add trees or landscaping on other City property.
2. The in-lieu fee for a mature specimen tree with
tnink size equal to or less than thirty-six inches, shall be
based upon the purchase and installation cost of tlxe
replacement tree as determined by the Director of
Community Development.
3. The in-lieu tree replacement 'fee for a heritage
tree or tree with a trunk size greater than thirty-six inches,
shall be based upon the valuation of the removed tree by
using the most recent edition of the ISA Guide for Plant
Appraisal published by the Council of Tree and Landscape
Appraisers.
4, ff the subject property is withiii the Rl, Al, A,
RHS, and R2 zones, the person requesting the tree remoyal
permit has the option to pay the fee in-lieu of planting a
replacement tree. Where the applicant would like to plant a
replacement tree, but demonstrates it is physically infeasible
to plant on the subject property, the in-lieu fee shall be
based on the purchase and installation cost of the
replacement tree as determined by the Director of
Community Development. In cases wliere it is physically
feasible to plant, but the applicant chooses to pay the in-lieu
fee instead of planting a replacement tree on the subject
property, payment shall be equivalent to one and one-half
the calculated in-lieu tree replacement fee. (Ord. 14-2126,
0 3 (part), 2014; Ord. 13-2017, § 2 (part), 2013; Ord. 2085,
F3 2 (part), 2011)
Diameter of Trunk Size of
Removed Tree (Measured
4'A feet above grade)
Replacement Trees
Up to 12 inches*One 24" box tree
Over 12 inches and up to 'L8
inches
Two 24" box trees or
One 36" box tree
Over 18 inches and up to 36
inches
Over 36 inches One 36" box tree
One 48" box treeHeritage tree
* Does not apply to Rl, Al, A, RHS, and R2 zones
except required privacy plantings trees in Rl zones
14.18.170 Retroactive Tree Removal Permit.
An application for a retroactive tree removal shall be
required for any protected tree removal prior to approval of
a tree removal permit. The application shall be filed with the
Development of Community Development on forms
prescribed by the Director of Community Development and
shall be subject to the requirements of a tree remoyal
permit. The applicant shall pay a retroactive tree removal
permit fee as determined by the Director of Community
Development. (Ord. 14-2126, FS, 3 (part), 2014; Ord.
13-2107, 8, 2 (part), 2013; Ord. 2085, 53 2 (part), 2011; Ord.
2003, 2007)
2021 S-84 Repl.
19.56.010
CHAPTER 19.56: DENSITY BOh'US
Section
19.56.010
19.56.020
19.56.030
i9,56,g4g
19.56.050
19.56.060
19.56.070
19.56.080
Pui'pose.
Eligibility for density bonus.
Density bonus.
Tn(.5nJivt5 r3r gi)l1ces5i(ins. waivers
and reduction of parking standards.
General requirements.
Application requirements.
Findings.
Interpretation.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is
intended to comply with the State Density Bonus Law,
Government Code Section 65915, which provides that a
local agency shall adopt an ordinance specifying how the
agency will comply with that section. (Ord. 16-2149, S, 8,
2016)
19.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net ii'icrease
of at least five units (excluding density bonus units) are
eligible for a density bonus as provided in this chapter, when
the applicant for the housing development agrees or
proposes at least one of the following and n"ieets tlie
requirements of Section 19.56.020C, if applicable:
1. Construct:
a. Ten percent of the total units affordable to lower
ineorne households at affordable rent or affordable housing
cost; or
b. Five percent of the total units affordable to very
low ineome households at affordable rent or affordable
housing eost; or
c. Ten percent of tlie total units proposed in a
common interest development for sale to moderate income
households, provided that all units in the developn'ient are
offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section
19.56.030C:
3. Provide affordable housing in a condonurn
conversion project in accordance with Section 19.56.030E.
B. In addition to meeting the requirements of
19.56.020A, a housing developn'ient which includes a child
care facility in accordance with Section 19.56.030D, is
entitled to an additional density bonus;
C. Housing developments on sites occupied by rental
housing in the five-year period precediiig the date of
submittal of a density bonus application must either meet or
provide:
(1) Affordable units in accordance with Section
19.56.020A; or
(2) Replacement affordable units in accordance with
Government Code Section 65915(c%3%B), whichever
requires a greater number of affordable units.
D. An applicant may also submit a proposal for
specifie incentives or concessions to be granted in
conjunction with the density bonus, as provided in Section
19.56.040;
E. The granting of a density bonus, incentive or
concession, in and of itself, shall not require a general plan
amendment, zone change, or other discretionary approval
and shall be reviewed concurrently with the review of tlie
housing development. (Ord. 16-2149, 8, 8, 2016)
19.56.030 Density Bonus.
A. Housing developments that meet the criteria iix
Section 19.56.020A(1) and Section 19.56.020C, if
applicable, are eligible for a maximum density bonus as set
fortli ix'i Table 19.56.030.
Table 19,56.030: Density Bonus Calculations
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maxitnum
Density Bonus
Very Low
Income
5%20%
6 % - 11 % o)22.5%-35%
12% - 14% (2'38.75% - 46.25%
15 % or more 50%
2021 S-84 105
19.56.030 Cupertino - Zoning 106
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maximum
Detisity Bonus
Low Income 10 %20%
11 % - 20 % (3)21.5% - 35%
21 % - 23 % (")38.75% - 46.25%
24% or more 50 %
Moderate Incon'ie
, (Cornarion iiiterest
developments)
10%5%
LI % - 40 % (5)6% - 35%
41 % - 43 % (")38.75% - 46.25%
44% or above 50%
Affordable
Housing
Development
100 % ("80% or as
specified in
Government
Code Section
65915
(" For each 1 % increase over 5 % of the target units,
the density bonus shall be increased by 2.5 %, up to a
maximum of 35 %.
(2) For each l % increase over II % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(" For each 1 % increase over 10 % of the target units,
the density bonus shall be increased by 1.5%, up to a
maximum of 35 %.
(4' For each 1 % increase over 20 % of the target units,
the density bonus shall be increased Lay 3. 75 %, up to a
maximum of 50%.
(5) For each 1 % mcrease over 10 % of the target units,
the density bonus shall be increased by 1 %, up to a
maximum of 35 %.
(6' For each 1 % increase over 40 % of tlie target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(" Must meet the requirements of Government Code
Section 65915(b)(1%G) or successor provision.
B. Senior housing developments are entitled to a
maximum density bonus of 20 percent provided the
development comprises of at least 35 units, conforms to
Civil Code Section 51.3 and the units are reserved for
qualifying residents. The development does not haye to
provide affordable units unless subject to Section
19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to
a housing developer appro'ved by the City in accordanee
with the requirements of Section I9.56.030C(2) and meets
the requirements of Section 19.56.020C, the development
shall be entitled to a 15 percent density bonus. The
development is entitled to an additional one percent density
bonus for the donation of land that would allow the
development of an additional one percent of affordable units
above theminirnumrequirements in Section ].9.56.020A(1),
up to a maximum of 35 percent.
2. The donation of land must meet the following
reoutrements:
a. The land shall be donated and transferred no later
tlian the date of approval of the housing development, final
subdivision map, parcel map, or building permit, whichever
occurs first.
Li. Tlie developable acreage aiid zoiig classification
of the land being transferred are sufficient to permit
construction of units affordable to very low income
households in an amount not less than ten percent of the
number of residential units of the proposed development.
c. The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40 units,
has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
for development at the density described in Government
Code Section 65583.2(c%3), and is or will be served at the
time of construction, by adequate public facilities and
infrastructure.
d. The trai-isferred land shall have aIll of the permits
and approvals, other than building permits, necessary for the
de'velopment of the very low income housing units on the
traxisferred Iand no later than the date of approval of the
final subdivision map, parcel map, or building permit,
whichever occurs first, except that the City may subject the
proposed development to subsequent desigri review to the
extent authorized by Government Code Seetion 65583.2(i)
if the design is not reviewed by the City prior to the time of
transfer.
e. The land shall be transferred to the City or to a
l'iousing developer approved by the City. The City may
require the applicant to identify and traiisfer the laiid to the
developer.
f. The transferred land shall be within the boundary
o € the proposed development or, if the City agrees, within
one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low
iricome units shall be identified not later than the date of
approval of the proposed housing development.
2021 S-84
107 Density Bonus 19.56.030
h. The transferred land and the affordable units shall
be subject to a deed restriction ensuring continued
affordability of the units eonsistent with Section
19.56.050A, such deed restriction shall be recorded at the
time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that
contains affordable housing, as provided in Section
19.56.030A and Section 19.56.030C, and includes a child
day care facility that will be located on the premises of, as
part of, or adjacent to, the projeet, the City shall grant either
of the following if requested by the developer:
-1, An additiona2 density bonus in residential square
footage that is equal to or greater than the square footage of
the child day care facility.
b. An additional concession or iiicentive tlxat
contributes significantly to tl'ie economic feasibility of the
construction of the child day care facility in accordance with
Section 19.56.040.
2. The City shall also require that as a condition of
approving the housing development:
a. The child day care facility shall remain in
operation for a period of time that is as long as or longer
than the period of tinie duriixg which tlie affordable units are
required to remaiii affordable.
b. Of the children who attend the child day care
facility, th.e ehildren of very low income households, lower
income houseliolds, or faxnilies of moderate income shall
equal a pereentage that is equal to or greater than the
percentage of dwelling units that are required for very low
income households, lower income households, or families of
moderate income.
3. Notwithstanding any requirement of Section
19.56.030D, the City shall not be required to provide a
density bonus or concession for a child day care facility if
the City finds, based upon substantial eyidence, that tlie City
has adequate child day care facilities.
E. Condominium Conversions
1. Whenanapplicai'xtforapprovalofacondorninium
conversion agrees to provide at least 33 percent of the total
units of the proposed condominium project to low or
moderate income households, or 15 percent of tlie total units
of the proposed 'condominiun'i project to lower income
households; to include the affordable units required by
Section 19.56.020C, if applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by the
Ciiy, the City shall either:
a. Grant a density bonus of 25 percent over tlxe
number of apartments to be provided within the existing
structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reductionor waiver of requirements that the City
might otherwise apply as conditions of conversion approval.
2. TheCitymayplacesuchreasonableconditionson
the granting of a density bonus or other incentives of
equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to
a deed restriction ensuring continued affordability to lower
or moderate income households consistent with Section
19.56.050A.
3. An application shall be ineligible for a density
bonus or other incentives under this section, if the
apartments proposed for conversion constitute a housing
development for which a density bonus or other incentives
were previously provided under Government Code Section
65915 or this Chapter.
4. Nothing in this section shall be construed to
require the City to approve a proposal for a condominium
conversion. Condorninium conversions are subject to the
requirements of Chapter 19.116.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one
categorylistedinSection 19.56.020A(1), exceptthatdensity
bonuses for land donation may be combined with others, up
to a combined maximum of 50 percent, and an additional
square-foot bonus may be granted for a child day care
facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units
to be granted, any fractions of density bonus units shall be
rounded up to the next whole number.
3. Density bonus units authorized by this section
shall not be included when determining the number of
affordable units required to qualify for the density bonus. In
determining the number of affordable units required to
qualify for a density bonus, any fractions of affordable units
shall be rounded up to the next whole number.
4. An applicant may request a lower density bonus
than the housing development is entitled to, but no reduction
will be permitted in the percentage of required affordable
units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the percentage of affordable units,
no housing development will be entitled to a density bonus
of more than provided in Government Code Section 65915,
unless approved by the City pursuant to Section
19.56.030F(6).
6. The City, at its discretion, may grant a density
bonushigherthanthemaximumsetforthinTable 19.56.030
or in paragraph (5) above to a housing development where
all units (except manager's unit(s)) are affordable to lower
income households.
2021 S-84
19.56.030 Cupertino - Zoning 108
7. For purposes of calculating a density bonus, the
residential units do not have to be based upon individual
subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing deyelopment
other than the areas where the affordable units are located.
(Ord. 21-2230, § 3, 2021; Ord. 21-2226, §§ 3.1, 3.2, 2021;
Ord. 16-2149, § 8, 2016)
19.56.040 Incentives or Concessions, Waivers and
Reduction of Parking Standards.
A. Incentives or Concessions:
1. A housing development is eligible for incentives
@y @(iH((H55i0yB 33 511(il1+B il 'T'311( 49,56,0407A, JI'lcent.ives (ir
concessions must be selected from onIy one category (very
Iow, Iow, or moderate). No incentives or concessions are
available for land donation or for a senior citizen liousing
development that is not affordable. Condominium
conversions and day c:are centers n'iay have one incentive or
concession, or a density bonus, at the City's option, but not
both.
Table 19.56.040A: Incentives or Concessions
Calculations:
2. For purposes of mis chapter, permissible
incentives or concessions include, but are not limited to:
a. A reduction of development standards or a
modification of zoning eode requirements or architectural
design requirements that exceed the minimum building
standards approved by the California Building Standards
Commission as provided in Part 2.5 (comrnencing with
Section 18901) of Division 13 of tlie Health and Safety
Code, including but not limited to, a reduction in setback
requirements, square footage or parking requirements, such
that the reduction or modification results in ideutifiable,
financially sufficient, and actual cost reductions.
b. Approvalofmixed-usezoning inconjunctionwith
the housing development if commercial, office, industrial or
other land uses will reduce the cost of the housing
development, and if the cornmercial, office, ii'idustrial or
other land uses are con'ipatible withthe housing development
and the existing or planned development in the area where
the proposed housing development will be located;
c. Other regulatory incentives or concessions
proposed by the developer or the City, which result in
identifiable, financially sufficient, aixd actual cost
reductions.
3. Nothing in this section requires the provision of
direct financial incentives for the housing deveIopment,
including but not limited Co the provision of financial
subsidies, publicly owrxed land by the City or the waiver of
fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direet financial
incentives;
4. Ahousingdevelopmentwhichrequestsincentisies
or concessions must demonstrate, in compliance with
Section 19.56.060B, that the requested incentives or
concessions are required to provide for affordable rents or
affordable housing costs, as applicable.
Unit Type Percent of I' Affordable i
Units
' Number of
' Incentives/
' Concessions
Very Low
Income Units
5 % or greater 1
10% or greater 2
15 % or greater 3
Low Income
Units
10% or greater 1
17% or greater 2
24 % or greater 3
Moderate
Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Affordable
pousing
Development
100%"4
*' Must meet the requirements of Government Code Section
65915(b)(1%G) or successor provision.
2021 S-84
108A Density Bonus 19.56.040
B. Waivers:
1. An applicant may subinit to the City a proposal
for the waiver or reduction of development standards that
will liave the effect of physically precluding the construction
of a housing development meeting the criteria outlined in
Section 19.56.020 at the densities or with the concessions or
incentives permitted under this chapter.
2. A proposal for the waiver or reduction of
development standards sliall neither reduce nor increase the
number of incentives or concessions to which the applicaiit
is entitled to subject to Section 19.56.040A.
3. The applicant shall demonstrate that the
development standards that are requested to be waived will
have the effect of physically precluding the construction of
the development with tlie density bonuses and incentives or
concessrons.
C. Reduction of Parking Staridards:
1. If a housing development is eligible for density
bonus as provided in Section 19.56.020, upon request of the
applicaiit, the maxirnumoff-streetparking standards tliat can
be applied to the housing portion of the development,
inclusive of handicapped and guest parking are indicated iii
Table 19.56.040B. These may include tandem and
uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards for
pro,jects eligible for a density bonus:
Number of
bedrooms
Maximum number of requirer?
off-street parking spaces
O-1 One (1)
2-3 ' Two (2)
4+Two and one-half (2.5)
2. For certain other housing developments that are
eligible for a density bonus as provided in Section
19.56.020, upon request of the applicant, the maximum
off-street parking standards that can be applied for the
housing portion of the development, inclusive of
handicapped and guest parking, are indicated in Table
19.56.040C. These may include tandem and uncovered
parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing develcipments:
Type of developmexit Maximum number of required
off-street parking spaces
0. 5 per bedroom1. Rental or ownership housing development with:
a. At least 11 % very low income or 20% low income units; and
b. Within one-half n'fflle of a Major Tra_nsit Stop; aiid
c. Unobstructed Access to the Major Transit.Stop.
2. Rental housing deyelopment with:
a. All units affordable to lower income liouseholds except
manager's unit(s); and
b. Within oxie-l'ialf mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per unit
3. Rental housirig development witli:
a. All units affordable to lower income households except
mariager's unit(s); and
b. A senior citizen housing deyelopment; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service tliat operates 8
times per day, with Unobstructed Access to that service.
0.5 per unit
4. Rental housing developn'ient with:
a. All units affordable to lower income liouseliolds except
manager's unit(s); and
b. A Special Needs Housing development; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service that operates 8
times per day, witli Unobstructed Access to that service.
0.3 per unit
2016 S-58
19.56.040 Cupertino - Zoning 108B
3. If the City, at its cost, has conducted an area-wide
or City-wide parking study in the last seven years, then the
City may find, based on substantial evidence, that a higher
parking ratio is required than shown in Table 19.56.040C.
In no event, may the required parking be greater than the
ratio shown in Table 19.56.040B. The parking study must
conform to the requirements of Government Code Section
65915(p)(7). (Ord. 21-2230, § 3, 2021; Ord. 16-2149, § 8,
2016)
19.56.050 General Requirements.
A. Affordable rental low and very low income units
zB51 y(Blirl 3[ril-rtabIe to Iow or very low income
households, as applicable, for fifty-five (55) )tears or for a
longer period of time if required by a constx'uction or
mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to
moderate-income households for the duration required by
Chapter 19. 172, Below Market Rate Housing Progrmn and
implementing procedures and policies adopted by the City
Council, or for a longer period of tiine if required by a
construction or mortgage financiiig assistance progranh,
mortgage insurance progrant, or subsidy program. Sales
price for for-sale affordable very low, low, aiid moderate
income units shall be set at affordable housing cost. Rents
for affordable low and very low income rental uriits shall be
set at an affordable level.
B. The affordabIe dwelIing units and land dedication
that qualify a housing development for a density bonus may
also be used to meet the beloqi-market-rate housing
provisions of the City's Residential Housing Mitigation
Program, provMed that the affordable units and land
dedication comply witlx the requirements of both Chapter
19.56, Density Bonus, Chapter 19. 172, Below Market Rate
Housing Program; and implementiixg procedures and
policies adopted by the City Council regarding the required
number of affordable units, required level of affordability,
and term of affordability so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other Ainding
sources, to the extent consistent uiith fair housirig laws,
preferences for the affordable units will be given as
specified in Chapter 19.172, Below Market Rate Housing
Program, and iinplementiiig procedures andpolieies adopted
by the City Council.
D. An agreement shall be entered into between the
developer and the City to ensure con'iplianee with the
provisions of this chapter and state law and shall include,
without limitation the household type, number, loeation,
size, affordability, and construction scheduling of all
affordable units, and such information as shall be required
by the City for the purpose of deterrnining the developer's
compliance with this chapter. For rental affordable very low
and low income units, the ayeement shall additionally
contain, without limitation, provisions for certification of
tenant incomes, reporting and monitoring of affordable
units, and management and maintenance of affordable units.
E. The agreement shall be recorded against the
housing development prior to final or parcel map approval,
or, prior to issuance of any building permits, whichever
occurs first, and shall be binding on all future owners and
successors m mterest.
F. Affordable units in a project and phases of a
project shall be constructed concurrently with or prior to the
construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordableunitsshallbedispersedthroughoutthe
project;
2. Affordable units shall be identical with the design
of any market rate rental units in the project with the
exception that a reduction of interior amenities for
affordable units will be permitted upon prior approval by the
City CounciI as necessary to retain project affordability.
H. Prior to the rental or sale of any affordable unit,
the City or its designee, shall verify the eligibility of the
prospective tenant or buyer. AII affordable units shall be
occupied by the household type rhat qualified the housing
development for tl'ie density bonus and incentives or
concessions.
I. The City may establish fees for processing
applicatioris under this chapter and recovery of costs
associated with the establishment and monitoring of
affordable units. (Ord. 16-2149, F§ 8, 2016)
i9.56,060 Application Requirements.
A. An applicant may subrit a preliminary proposal
for housing development for a density bonus and incentives
or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter shall be
submitted to the City concurrently with the application for
the first discretionary permit or other permit required for the
housing development and shall be processed concurrently
with the discretionary application following the review
process as set forth for permits in Chapter I9.12,
Administration, of the Cupertino Municipal Code
established by the City. The applicant shall provide
additional information as specified in this chapter,
specificaIly:
1. A sumrnary table showing the maximum number
of units permitted by the zoning and general plan excluding
any density bonus units, proposed affordabIe units by
2021 S-84
108C Density Bonus 19.56.060
income level, proposed bonus percentage, proposed number
of density bonus units, and total number of proposed
dwelling units on site;
2. A site plan, drawn to scale, showing the number
and location of all proposed units, designating the location
of proposed affordable units and density bonus units and the
type, size, and construction scheduling of affordable and
market-rate units;
3. For a housing development that replaces rental
housing on a site within the five-year period preceding the
date of an application:
a. A description and documentation of all dwelling
unjts existing On the site in the five-year period preceding
the date of submittal of the application and identification of
any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, income and
liousehold size of all residents of the occupied units. If any
dwelling units on the site were rented in the five-year period
but are not currently rented, the income and household size,
if known, of residents occupying dwelling units when the
site contained the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinance,
or law applicable to the site that restricted rents to levels
affordable to very low or lower income households in the
five-year period preceding the date of subrnittal of the
application.
4. If a density bonus is requested for a land
donation, the location of the land to be dedicated, proof of
site control, and evidence that each of tlie requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is
requested for a child care facility, evidence that all of the
requirements in Section 19.56.030D can be met.
6. If a density bonus or iiicentive or concession is
requested for a condorninium conversion, evidence that all
of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various
incentives or concessions, waivers and reduction in
off-street parking standards requested;
8. To ensure that each incentiye or concession
contributes significantly to the econon'fflc feasibility of the
proposed affordable liousing, for any incentive(s) or
concession(s) requested, the following shall be submitted:
a. A project financial report (which may be in the
form of a pro forma) demonstrating that the requested
incentive(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions to the
housing development and that they are required to provide
for affordable rents or affordable housing costs, as
applicable. The financial report shall include the capital
costs, operating expenses, return on investment,
loan-to-value ratio and the debt coverage ratio including the
contribution(s) provided by any applicable subsidy
program(s) ;
b. An appraisal report indicating the value of the
density bonus and of the incentive(s) or concession(s) ; and
c. A use of funds statement identifying the financial
gaps for the liousing development with the affordable
housing units. The analysis shall show how the funding gap
relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City
expects to incur in retaining consultant(s) and in
administering consultant contract(s) to provide apeer review
of the above information. However, if the applicant is a
federally recognized nonprofit organization proposing a
housing development wliere all units (except manager's
unit(s)) are affordable to lower income households, the cost
of consultant(s) may be paid by the City upon prior approval
of the City Council;
9. For any requested waiver of a development
standard, plans showing the existing development standard,
the requested waisier and a demonstration that the
development standard for wliich the waiver is requested will
have the effect of physically precluding the construction of
the housing development with the density bonus and
incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as
an incentive or concession, evidence that non-residential
land uses will reduce the cost of the housing development
and that the non-residential land uses are compatible with the
de'velopment and the existing or planned development in the
area.
11. If a parking reduction is proposed, a table
showing parking otherwise required by the zoning ordinance
and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing
development is eligible for the requested parking reduction.
12. Any other information requested by the Director
of Community Development to determine if the required
findings caix be made. (Ord. 16-2149, 8, 8, 2016)
19.56.070 Findings.
A. Before approving an application that includes a
request for a density bonus, incentive or concession, waiver
or reduction in parking standards, pursuant to tl'ffs chapter,
the decision-making body shall determine that the proposal
is consistent with State Law by making the following
findings, as applicable:
1. That the housing development is eligible for the
density bonus requested and any incentives or concessions,
waivers or reductions in parking standards requested.
2016 S-58
19.56.070 Cupertino - Zoning 108D
2. That all the requirements included in Section
19.56.030C have been met, if the density bonus is based all
or in part on donation of land.
3. That all the requirements included in Section
19.56.030D have been met, if the density bonus or
incentiye(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section
19.56.030E have been met, if the density bonus or incentive
or concession is based on a condominium conversion.
5. That the requested incenti've(s) or concession(s)
will result in identifiable, financially sufficient, and actual
cost reduc.tions based lli)On the financial analysis and
documentation provided by the applicant and the findings of
the peer-reviewer, if incentive(s) or concession(s) are
requested (other than mixed use development).
6. Thattheproposednon-residentiallanduseswithin
the proposed development will reduce the cost of the
liousing development and are compatible with the housing
development and the existing or planned development in the
area where the proposed development will be located, if an
incentive or concession is requested for mixed use
development.
7. That the development standard(s) for which the
waiver(s) are requested would have the effect of physically
precluding the construction of the housing development with
the density bonus and incentives or concessions pern'iitted,
if a waiver is requested.
8. That all the applicable requirements in Section
19.56.040C have been met, if a reduction in off-street
parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this
section, as applicable, can be made, the decision-making
body may deny an application for an incentive or concession
or waiver requested pursuant to Section 19.56.040 only if
one of the following written findings as applicable to each
8ipe of application, supported by substantial evidence:
1. Thattheincentiveorconcession,orwaiverwould
have an adverse impact on real property listed in the
California Register of Historic Resources; or
2. Thattheincentiveorconcession,orwaiverwould
have a specific, adverse impact upon public health or safety
or the physical environment, and there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse
impact withoutrendering the residentialprojectunaffordable
to low and moderate income households. For the purpose of
this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date
that the application for the residential project was deemed
complete; or
3. That the incentive or concession, or waiver is
contrary to state or federal law.
C, Anapplicationforanincentiveorconcessionmay
also be denied if the decision-making body makes the written
finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide
for affordable housing costs or affordable rents.
D. If the findings required by subsection A. of this
section can be made, the decision-making body may deny an
application for a density bonus or incentive or coneession
that is based on the provision of child care only if it makes
a written finding, based on substantial evidence, that the city
already lias adequate child care facilities. (Ord. 16-2149,
§ 8, 2016)
19.56,080 Interpretahon.
If any portion of this Chapter 19.56 conflicts with State
Density Bonus Law (Government Code Section 65915 et
seq.) or other applicable state law, state law shall supersede
this Chapter. Any aii'ibiguities in this section shall be
interpreted to be consistent with State Density Bonus Law.
All code references in this Chapter include all successor
provisions.
(Ord. 21-2230, 8, 3, 2021)
i
2021 S-84
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),
8, 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 % 1.04.010 through 1.04.060
(adds new 8, 1.04.030) general
prrivi5ions; 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.OiO thorough
1.09.110) nuisance abatement; repeals
and readopts Ch. 1. 10 (§§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty ai'id
Crin'iinal Enforcement), amends
8, 1. 12.010 and fg 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 diuuxg perinit
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuai'it to a
special temporary outdoor dining permit
(Not Codified)
Amends S) 2.88.100, duties-powers-
responsibilities (2.. 88)
Adopts 8) 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,
concerning 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, minimum 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, 6.14.037,
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 through
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 iinpacts
under CEQA (17.08)
Adds Ch. 19. 102, §§ 19. 102.010
through 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 8, 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List
Ord. No.
21-2227
21-2228
21-2229
21-2230
21-2231
Amends Ch. 10.90, smoking
regulations; adds §§ IO.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 concerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(QOf (.(idi'[i(:d)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(tg.56)
Repeals 6.24.037, adopts new 6.24.037
and 6.24.038, aniends 6.24.010,
6.24.020, 6.24.060, 9.I6.030,
concernmg organic waste disposal
reduction (6.24, 9. 16)
2021 S-84
13 Index
FIREWORKS
Definitions 10.24.010
Exceptions lO.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
varianee conditions 16.52.061
Appeals, generally 16.52.030
Applicabilityofprovisions 16.52.011
Basis for establishing the areas of special flood
hazard 16.52.012
Compliance 16.52.013
Construction
materials and methods 16.52.042
standards 16.52.040
Definitions 16.52.010
Development permit 16.52.022
Elevation and floodproofing ]6.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclaimer 16.52.016
Manufactured homes, standards for 16.52.053
Recreational vehicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdivisions and other proposed development,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warning and disclaimer of liability 16.52.016
FOOD EST ABLISHMENT
See RESTAURANT
FRANCHISE
Cable television
See CABLE AND VIDEO SERVICES
California water service
designated 6. 16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6. 16.040
Cupertino garbage compaiiy
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitions 6. 12.010
designated 6. 12.020
granting authority 6.12.070
gross receipts
percentage payment to city 6. 12.050
total, report required 6. 12.060
maiittenance requirements 6.12.030
term 6. 12.040
Pacific Gas and Electric Company
See Electricity
See Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Solid waste
See GARBAGE
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREET
IMPROVEMENT FUND
2021 S-81
Cupertino - Index 14
-G -
GARAGE, PATIO SALB
Definitions 5. 16.020
Enforcement 5. 16.060
Findings 5.16.010
Goods display 5. 16.050
Limitation 5.16.030
Sign
See also SIGN
regulations generally 19.104.250
restrictions 5. 16.040
Violation
penalty 5.16.070
presumption 5.16.041
GARBAGE
Administration, enforcement, regulations adoption
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recyeling
charges for 6.24.150
commencement, time linuts 6.24.040
entitlement to collect for 6.24. 160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.010
Delinquent account
notification 6.24. 170
remedies for 6.24.180
Disposal
explosive, hazardous materials 6.24. 100
frequency 6.24.050
me'a'iods designated 6.24.060
unauthorized 6.24.110
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling
mandatory edible food recovery 6.24.038
mandatory non-organic recycling for businesses
6.24.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recycling center, operation, use 6.24. 190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASHS
GENERAL PENALTY AND CRIMINAL
ENFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GLASS AND LIGHTING ST ANDARDS
Applicability of regulations 19. 102.020
Bird-safedevelopmentrequirements 19.102.030
Outdoor lighting requirements 19.102.040
Purpose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, yenalty 10.60.090
2021 S-84
39 Index
Bus station, terminal
Tzone 19.76.030
Business office
CG zone 19.60.030
Business service
CG zone 19.60.030
Cabinet shop
ML zone 19.64.020
Carpenter shop
ML zone 19.64.020
Caterer
ML zone 19.64.020
Cemetery
A-1 zone 19.20.020
A zone 19.20.020
CG zone
applicability of provisions 19.60.020
conditional uses 19.60.030
designated 19. 16.010
development standards 19.60.060
excluded uses 19.60.030
land use activity 19.60.050
permits required for development 19.60.040
permitted uses 19.60.030
purpose 19.60.010
Child day care facility
BQ zone 19.76.030
CG zone 19.60.030
R-3 zone 19.20.020
Churches, existing
ML-rc zone 19.64.020
Civic organization
BQ zone 19.76.030
Club
BQ zone 19.76.030
CG zone 19.60.030
Coal sales
ML zone 19.64.020
Cold storage facilities
ML zone 19.64.020
ML-rc zone 19.64.020
Columbarium
A-I zone 19.20.020
A zone 19.20.020
Commercial photography
ML-rc zone 19.64.020
Communication structures
A-1 zone 19.20.020
A zone 19.20.020
Competition and tournament facilities
FP zone 19.84.020
Compliance with provisions required 19.04.030
Conditional use permit, variance, development
permits application conditional use permit or
variance 19. 156.020
developmentpermit 19.156.010
approval authority 19.156.030
change of use 19. 156.070
conditionalusepermit 19.156.040
expansion or modification of permits
conditionaluse 19.156.060
planneddevelopment 19.156.060
findings and conditions
conditionalusepermit 19.156.040
planned development permit 19. 156.040
variances 19. 15-6.05-0
planned development permit 19. 156.040
variances 19.156.050
Conditional uses
BA zone 19.76.030
BQ zone 19.76.030
CG zone 19.60.030
expansion 19.156.060
FP zone 19.96.040
ML zone 19.64.020
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.68.030
OP zone 19.68.030
OS zone 19.88.020
P zone 19.80.030
PR zone 19.92.020
Rl zone 19.28.030
RIC zone 19.44.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
T zone 19.76.030
Confliet of provisions 19.04.040
Congregate residence
A-I zone 19.20.020
A zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Convenience markets
CG zone 19.60.030
Conversion, apartme:nt to community housing
applicabilityofprovisions 19.116.020
2012 S-31
Cupertino - Index 40
application
procedures 19.116.060
requirements 19.116.050
parking 19.116.040
purpose 19.116.010
regulations generally 19.116.030
Crematory
A-1 zone 19.20.020
A zone 19.20.020
Crops
A-1 zone 19.20.020
A zone 19.20.020
RHS zone 19.20.020
Culverts
OS zone 19.84.020
Dairy processing
A-1 zone 1920.020
A zone 19.20.020
Dancehall
FP zone 19.84.020
Dance instruction
FP zone 19.84.020
Day care home, large family
A-I zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Day care home, small family
A zone 19.20.020
Rl zone 19.20.020
RIC zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Deck, second story
See Accessory building, structure
Definitions
applicability, purpose of provisions 19.08.010
construction of provisions 19.08.020
Cupertino Standard Detail 7-2: Corner Triangle
- Controlled Intersections, Ch. 19.08,
Appendix A
Cupertino Standard Detail 7-4: Corner Triangle
- Uncontrolled Intersections, Ch. 19.08,
Appendix B
Cupertino Standard Detail 7-6: SidewaIk Site
Triangle (Sidewalk Clearance at
Driveways), Cli. 19.08,
Appendix C
designated 19.08.030
Examples of How to Measure Sign Area, Ch.
19.08, Appendix D
Delivery service
ML zone 19.64.020
ML-rc zone 19.64.020
Density bonus
application requirements 19.56.060
concessions 15.56.040
density bonus 19.56.030
eligibility for density bonus 19.56.020
findings 19.56.070
incentives or concessions, waivers and
reduction of parking standards 19.56.040
interpretation, 19.56.080
purpose 19.56.010
requirements generally 19.5-6.050
Development agreement
application
contents 19.144.070
form 19.144.060
qualificationrequired 19.144.050
authorityofprovisions 19.144.030
cancellation
eity 19. 144.200
mutualconsent 19.144.190
rights 19.144.210
construction of provisions ]9. 144.250
effect 19.144.240
execution, recordation 19. 144.260
findings offact, intentofprovisions 19. 144.010
judicial review; time Iirnitation 19. 144.270
hearing
appealofdetermiriation 19.144.170
compliance; appeal 19.144.150
findings 19.144.110
generally 19.144.090
irregularity in proceeding 19. 144. 120
noncompliance; appeal 19. 144. 160
plans, consistency with
general 19. 144.080
specific 19. 144.080
purposeof 19.144.020
review, time for and initiation of 19.144. 140
rules affectiiig 19.144.220
separateprocedure 19.144.230
Districts
applieability of provisions 19. 16.060
designated 19. 16.C1I0
reference 19. 16.020
Drainage ditches
OS zone 19.84.020
Drinking establishments
CG zone 19.60.030
Drive-in theaters
ML zone 19.64.020
Drive-through facilities
CG zone 19.60.030
l"
2021 S-84
CUPERTINO, CAL[FORNIA
Instruction Sheet
2021 S-84 Supplement
REMOVE OLD PAGES
Title Page
INSERT NEW PA(.ES
Title Page
II through 16B
TITLE 6: FRANCHISES
11 through 16L
TITLE 9: HEALTH AND SANIT ATION
34B-1,34B-2 34B-1,34B-2
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
37,38 37,38
TITLE 19: ZONING
105 through 108D 105 through 108D
47, 48
COMPREHENSIVE ORD{NANCE LIST
47, 48
13, 14
39, 40
INDEX
13, 14
39, 40
PMcA
11/2021
CITY OF CUPERTINO, CALIFORNIA
MUNiCiPAL CODE
S-84 SuppIement contains:
Local Iegislation current through Ordinance 21-2231, passed 10-19-2021
COPYRIGHT @ 2021
I
AMERICAN LEGAL PUBLISHING CORPORATION
6.24.010
CHAPTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND ORGANIC WASTE
RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010
6.24.020
6,24.030
6.24.031
6.24.035
6.24.037
6.24.038
6.24.040
6.24.050
6.24.060
6.24.070
6.24.080
6.24.090
6.24. 100
6.24.110
6.24. 120
6.24. 150
6.24. 160
6.24. 170
6.24. 180
6.24. 190
6.24.200
6.24.210
6.24.220
6.24.230
6.24.240
Purpose of chapter.
Definitions.
},4andatcry solid waste =llecticx*- service -
owner responsibility.
Mandatory solid waste collection service -
exemption procedures.
Mandatory non-organic recycling for
businesses.
Mandatory organic waste disposal
reduction.
Mandatory edible food recovery.
Conunencement of solid waste collection
service.
Frequency of disposal.
Method of garbage, organic waste aixd
non-organic recyclables disposal.
Garbage, organic waste and non-organic
recyelables containers.
Inappropriate containers.
Burning restrictions.
Disposal of explosive or hazardous
material restrictions.
Unauthorized disposal prohibited.
Franehise granting authority.
Charges for solid waste collection service.
Entitlement to collect for solid waste
collection service.
Notification of delinquency.
Remedies for delinquent account.
Recycle centers.
Unauthorized solid waste collection.
Interfering with solid waste collection
SerVICe.
Unauthorized use of solid waste collection
servrce.
Rules and regulations adopted.
Violation-Penalty.
6.24.010 Purpose of Chapter,
A. This chapter is determined and declared to be a
health, sanit.ai'y and safety measure neeessary for the
promotion, protection and preservation of the health, safety
and general welfare of the people of the City of Cupertino.
B. Tlie City is required to comply with the applicable
provisions of Assembly Bill 939, the California Integrated
Waste Management Act (Sher, Cl'iapter 1095, Statutes of
1989, as aniended) ("AB 939"). AB 939 requires that by and
after January 1, 2000, fifty percent (50%) of the solid waste
generated must be diverted through some source reduction,
recycling, and composting activities.
C. Assembly Bill 341 (Chesbro, Chapter 476,
Statutes of 2011) places requirements on businesses and
multi-family generators that generate a specified threshold
amount of solid waste to arrange for recyding services and
requires jurisdictions to iniplement a mandatory commercial
recycling program.
D. Assembly Bill 1826 (Chesbro, Chapter 727,
Statutes of 2014) requires businesses and multi-family
generators tliat generate a specified threshold amount of
solid waste, non-organic recyclables, and organic waste per
week to arrange for recycling services for those rnaterials,
requires jurisdictions to implement a recycling program to
divert organic waste from businesses subjeet to the law, and
requires jurisdictions to implement a mandatory comrnereial
orgaxiic waste recycling program,
E. Senate Bill 1383, the Short-lived Climate
Pollutant Reduction Act of 2016 (Lara, Chapter 395,
.Statutes of 2016) ("SB 1383"), sets statewide organic waste
disposal reduction targets of fifty percent (50 %) by 2020 and
seventy-fiye percent (75%) by 2025, based on the 2014
organics waste disposal baseline. SB 1383's implementing
regulations place requirements on multiple entities including
jurisdictions, residential households, commereial businesses
and business owners, con'irnercial edible food generators,
haulers, self-haulers, food recovery organizations, and food
recovery services to support achievement of statewide
organic waste disposal reduetion targets. SB 1383's
iniplementing regulations require jurisdictions to adopt and
enforce m ordinance or other enforceable mechanism to
implement relevant provisions of SB 1383's implementing
regulations.
2021 S-84 11
6.24.010 Cupertino - Franchises 12
F. The City has coordinated with the County of
Santa Clara and other jurisdictions in the coiu'ity to develop
uniform provisions for the portions of this chapter
addressing edible food recovery. The City has determined
that this coordination will simplify compliance for
commercial businesses, promote food recovery in the City,
and facilitate edible food recovery capacity planning.
G. Pursuant to 14 California Code of Regulations
Section 18981.2, jurisdictions may delegate certai.n
responsibilities for implementing, monitoring, and enforcing
their edible food recovery programs to public or private
entities.
H. This chapter vvill aid the City in meetiiig the goals
and requirements of AB 939, Assembly Bill 341, Assembly
Bill 1826, SB 1383 and its implementing regulations, arxd
related laws; aid in preserving landfill space and postponing
the need for new landfill capacity for tlie longest term
possible; reduce the amount of solid waste deposited in
landfills from commercial and residential generators; and
reduce food insecurity.
I. The City may adopt, implement, and enforce a
Iocal solidwaste recycling requirement thatis more stringent
or comprehensive than state law. (Ord. 21-2231, f§ 1, 2021;
Ord. 20-2218, § 1, 2021; Ord. 15-2130, § 1 (part), 2015;
Ord. 2069, 8, 1 (part), 2010; Ord. 1572, S, 1 (part), 1991)
6.24.020 Definitions.
For the purposes of this chapter, ilie following 'urords
and phrases shaII have the meanings ascribed to them by thi.s
section, unless the context or the provision clearly requires
otherwise:
1. "Back-haul" means a eornmercial business
generating and transporting source separated recyclable
materials and/or source separated green container organic
waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as
otherwise defined in 14 California Code of Regulations
Section 18982(a%66)(A).
2. "Blue container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a%5) and
shall be used for the purpose of storage and collection of
source separated recyclable materials.
3. "Business"or"coinmercial"meansacommercial
or public entity, including, but not limited to, a firm,
partnership, proprietorship, joint stock company,
corporation, or association that is organized as a for-profit
entity or non-profit entity, or a multi-family residential
property with five (5) or more dwelling units.
4. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
5. "City" means arid includes all the territory lying
within the municipal boundaries of the City of Cupertino as
presently existing, plus all territory which may be added
thereto during the effective term of the ordinance codified
herein.
6. "Collection station" means the location at which
containers of garbage, non-organic recyclables and organic
waste are placed for eollection by the solid waste collector.
For businesses, collection station is typically the garbage
and recycling area enclosure. For multi-family residential
properties with less than five (5) dwelling units and other
residential structures, the collection station is typically the
street side of the concrete curb immediately adjacent to the
residence where curb and gutter exists or where no curb and
gutter exists, the edge of asphalt in'unediately adjacent to the
residence.
7. "Cornrnercial edible food generator" includes a
tier one or a tier two commercial edible food generator. For
the purposes of this definition, food recovery organizations
and food recovery services are not commercial edible food
generators pursuant to 14 California Code of Regulations
Section 18982(a%7).
8. "Community composting" means any activity that
composts green material, agriculhiral material, food
material, and vegetative food material, alone or in
cornbination, and the totaI amount of feedstock and compost
on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 California Code of
Regulations Section 17855(a%4); or, as otherwise defined by
14 California Code of Regulations Section 18982(a%8).
9. "Compliance review" means a review of records
by the City and/or its designee to determine compliance with
tbis chapter.
IO. "Compost" n-ieaiis the product resulting from the
controlled biological decomposition of orgmic solid waste
that is source separated from the municipal solid waste
stream, or which is separated at a centralized facility, or as
otherwise defined in 14 California Code of Regulations
Section 17896.2(a)(4).
11. "Compostable plastic bags" means only such
plastic bags that meet the BPI-certified ASTM D6400
standard for compostability, or such bags that are approved
by the City for placement in the green container.
12. "Construction and demolition debris" or "C&D
debris" means materials resulting from the construction,
rernodeling, or demolition of buildings and other structures.
"Construction and demolition debris" includes, but is not
limited to, concrete, asphalt, rock and dirt related to
construction, remodeling, repair, or demolition operations
and is subject to the provisions of Chapter 16.72.
13. "Container contamination" means a container,
regardless of color, that contains prohibited container
contarninants, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(55).
2021 S-84
13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6,24.020
14. "Debris box service" means colleetion service in
containers without compaction that have a capacity of eight
(8) cubic yards or more. Debris boxes may be used for the
collection of non-organic recyclables and organic waste, or
garbage, and may be used for construction and demolition
debris that may or may not be intended for full or partial
recycling or other waste diversion.
15. "Delinquent" means a failure of the recipient of
solid waste collection service to pay when due all charges
owed to the solid waste collector for solid waste collection
service rendered or to be rendered.
16. "Department" meaiis any department of the City,
the Coty cf Santa Clara, Or any other public agency
designated by the City to enforce or administer this chapter,
as authorized in 14 California Code of Regulations Section
18981,2,
17. "Designee"meansanentitythattheCitycontracts
with or otherwise arranges to carry out or assist with any of
the City's responsibilities for compliance witli solid waste-
related laws or regulations or administration or enforcement
of this chapter as authorized in 14 California Code of
Regulations Section 18981.2. A designee may be a
government entity, a liauler, a private entity, or a
combination of those entities.
18. "Director" means the Director of Public Works
and their duly authorized agents and representatives.
19. "Dwelling" means a residence, flat, duplex,
apartment, townhouse, condomini.um or other facility used
for housing one or more persons.
20. "Edible food" means food intended for human
consumption, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(18). For tlie purposes of
this chapter, "edible food" is not solid waste if it is
recovered and not discarded. Nothing in ilxis chapter
requires or autliorizes the recovery of edible food tliat does
not meet the food safety requirements of the California
Retail Food Code.
21. "Enforcement officer" lias the same meaning as
in Section 1. 10.020 of this code.
22. "Equipment" means a debris box or debris bin
and vehicles used to transport debris boxes or bins.
23. "Excluded waste" means liazardous materials,
infectious waste, designated waste, volatile, corrosive,
medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), tvhich
receive materials from the City and its generators,
reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in the City's and/or
its designee's reasonable opinion would present a significant
risk to human health or the environnient, cause a nuisance
or otherwise create or expose the City and/or its designee to
potential liability; but not including de minimis yolumes or
concentrations of waste of a type and amount normally
found in single-family or multi-family solid waste after
implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries
and paint in compliance with Sections 41500 and 41802 of
the California Public Resources Code.
24. "Finance Director" means the Fiiiance Director
and their duly authorized agents and representatives.
25. "Food distributor" means a business that
distributes food to entities includinz, but not limited to,
supermarkets and grocery stores, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(22).
26. "Food facility" has the same meaning as in
Section 113789 of the Health and Safety Code.
27. "Food recovery" means actions to collect and
distribute food for human consumption which otherwise
would be disposed, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(24).
28. "Food recovery organization" means an entity
that engages in the collection or receipt of edible food from
commercial edible food generators and distributes that edible
food to the public for food recovery either directly or
through other entities. "Food recovery orgai'ffzation"
includes, but is not limited to: (a) a food bank as defined in
Section J13783 of the Health and Safey Code; (b) a
nonprofit charitable organization as defined in Section
113841 of the Health and Safety code; and, (c) a nonprofit
cl'iaritable temporary food facility as defined in Section
tl3842 of the Health axid Safety Code. A food recovery
organization is not a commercial edible food generator for
the purposes of this chapter pursuant to 14 California Code
of Regulations Section 18982(a)(7). If the definition in 14
California Code of Regulations Section 18982(a%25) for
Food recovery orgai'iization differs from this definition, the
definition in 14 California Code of Regulation Section
18982(a%25) shall apply to this chapter.
29. "Foodrecoveryservice"meansapersonorentity
that collects and transports edible food from a commerciaIl
edible food generator to a food recovery organization or
other entities for food recovery, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(26). A
food recovery serviee is not a commerciaIl edible food
generator.
30. "Food scraps" means all food such as, but not
lin'iited to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food scraps excludes fats, oils, and grease when
such materials are source separated from other food scraps.
31. "Food service provider" means an entity
printarily engaged in providing food services to institutional,
2021 S-84
6.24.020 Cupertino - Franchises i 4
governmental, commercial, or industrial locations of others
based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%27).
32. "Food-soiled paper" is compostable paper
material that has come in contact with food or liquid, such
as, but not limited to, uncoated paper plates, napkins, paper
towels, and pizza boxes.
33. "Food Waste" means food scraps, food-soiled
paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or
objects that are discarded, including but not restricted to,
rhaterials, substances t3 objec.ts commonly referred to as
"trash," "garbage," "refuse" and "nibbish" that are
produced, generated or accumulated by all residential,
commercial, industrial, institutional, mui'ffcipal, agricultural
axxd other inhabitants, premises and activities within the
City, the collection of which is regulated through the
franchise agreement existing between the City and tlie
authorized solid waste collector; provided, however, that
"garbage" does not include (a) hazardous materials, (b) non-
organic recyclable materials, (c) orgarfflc waste, (d) clear
plastic bags when used to contain organic waste to be
recycled, (e) construction and demolition debris, (f)
biomedical waste, (g) ash, arid (h) sewage and other highly
diluted water-carried materials or substances and those in
gaseous form. Except in residential dweIlings, if tlie
material is placed in a plastic bag, the bag must only be
clear plastic.
35. "Gray container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a)(28), and
which may be colored gray or black, and shall be used for
the purpose of storage and collection of gray container
waste.
36. "Gray container waste" means solid waste that is
collected in a gray container that is part of a %ee-container
collection service that prohibits the placement of organic
waste in the gray container as specified in 14 California
Code of Regulations Sections 18984.1(a) and (b), or as
otherwise defined in 14 California Code of Regulations
Section 17402(a)(6.5).
37. "Greencontainer"hasthesamen'ieaningasinl4
California Code of Regulations Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of
sourcc separated green container orgaixic waste.
38. "Grocerystore"meansastoreprimarilyengaged
in the retail sale of canned food; dry goods; fresli fruits and
vegetables; fresli meats, fish, and poultry; and any area tliat
is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14
California Code of Regulations.Seetion 18982(a%30).
39. "Hauler route" means the designated itinerary or
sequence of stops for eaeh segment of the City's collection
service area, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(3L5).
40. "Hazardous materials" means any or a
combination of materials which because of their quantity,
concentration, or physieal, chemical or infectious
characteristies may either: (a) cause or significantly
contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness; or
(b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous
materials include, but are not limited to, hazardous wastes
as defined under California or United States law or any
regulations promulgated pursuant to suchlaws, and all toxic,
radioactive, biologically infectious, explosive or flammable
waste materials, including any materiaI defined in Section
9. 12.020 of the Cupertino City Code for which a hazardous
materials storage permit is required.
41. "Health facility" has the same meaning as in
Section 1250 of the Health and Safe"y Code.
42. "Hotel"hasthesarnemeaiiingasinSectionl7210
of the Business and Professions Code.
43. "Inspect" or "inspection" means arr enforcement
officer's, the department's and/or a designee's electronic or
on-site visit and review of records, containers, and an
entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food liandling to determine if the
entity is complying with requirements set forth in this
chapter, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(35).
44. "Large event" means an event, including, but not
limited to, a sporting event or a flea market, that charges an
admission price, or is operated by a local agency, and serves
an average of more than two thousai'id (2,000) individuals
per day of operation of the event, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned
park, parking lot, golf course, street system, or other open
space when being used for an e'vent. If the definition in 14
California Code of Regulations Section 18982(a)(38) for
large event differs from this definition, the definition in 14
California Code of Regulations Section 18982(a%38) shall
apply to this chapter.
45. "Large yenue" means a permanent venue facility
tliat aru'iually seats or serves an average of more than two
thousand (2,000) individuaIls within the grounds of the
facility per day of operation of the venue facility. A venue
facility includes, but is not limited to, a public, non-profit,
or privately owned or opemed stadium, amphitheater
arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse traek, performing
2021 S-84
15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
arts center, fairground, n"iuseum, theater, or other public
attraction facility. A site under common ownership or
control that includes more than one large venue that is
contiguous with other large venues in the site, is a single
large venue. If the definition in 14 California Code of
Regulations Section 18982(a%39) for large venue differs
from this definition, the definition in 14 California Code of
Regulations Section 18982(a)(39) shall apply to this chapter.
46. "Litter" means, but is not limited to, plastic,
paper, cigarette butts, floor sweepings, trash, rubbish, food,
cloth, metal, recyclable material, or waste matter of
whatever character.
47 "Lccal educaticri agenCV" IleaIlS a school riistrict,
charter school, or county office of education that is not
subject to the control of the City or county regulations
related to solid waste, or as otherwise defined iii 14
California Code of Regulations Section 18982(a)(40).
48. "Multi-unitresidential property" or "multi-fan'iily
residentialproperty" or "multi-fainily" means anyprennses,
excluding a hotel, motel, or lodgiixg house, used for
residential purposes containing five (5) dwelliixg -iinits or
more, irrespective of whether the residency is transi.ent,
temporary or permanent.
49. "Non-compostable paper" includes, but is not
limited to, paper that is coated in a plastic material that will
not break down in the con'iposting process, or as orlierwise
defined in 14 California Code of Regulations Section
18982(a%41).
50. "Non-local entity" means an entity that is ai'i
organic waste generator but is not subject to the control of
the City or county regulations related to solid waste. These
entities may ix'iclude, but are not limited to, special districts,
federal facilities, prisons, facilities operated by the state
parks system, public universities, ineluding community
colleges, county fairgrounds, and state agencies.
51. "Non-organic recyelables" or "non-organic
recyclable material" mean those materials tliat can be
returned to economic use as raw materials for new, reused
or reconstituted products, wliich prior to collection are
separated by tlie generator from otlier n'iaterial treated as
solid waste. Examples of non-organic recyclables include,
but are not limited to: newspaper, cans, corrugated
cardboard, glass, certain types of plastic, n'ietals, 'svood and
automobile oil. "Mixed non-organic recyclables" means
more than one type of non-orgarffc recyclable rnaterial
commingled in a bin, debris box, compactor or other type of
container. This material includes, but is not limited to wood,
paper, plastic, metals, glass, and other recyclable materials
other than organic waste. The material must riot contain
more than five percent (5 %) by volume garbage and or,ganic
waste.
52. "Nonresidential premises" means all premises
except residential premises, including but not restricted to
premises used for industrial, commercial, administrative and
professional offices, public and quasi-public buildings,
utility and transportation.
53. "Notice of violation" means a notice that a
violation has occurred that includes a compliance date to
avoid an action to seek penalties, or as otherwise defined in
14 California Code of Regulations Section 18982(a%45) or
further explained in 14 California Code of Regulations
Section 18995.4.
54. "Occupancy"; "occupied": Premises are
"occupied" when a person or persons take or hold
possession of the premises for permanent or temporary use.
For the purposes of determining whether a preinises is
occupied during periods when solid waste collection service
is made available to such pren'ffses, occupancy shall be
presun"ied unless evidence is presented that gas, electric,
telephone and water utility services were not being provided
to the pren'ffses during such periods.
55. "Organic waste" means solid waste containing
material originated from living organisms and tlieir
metabolic waste products, including but not limited to food,
green material, landscape and pruning waste, organic
textiles and carpets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges
or as otherwise defined in 14 California Code of Regulations
Section 18982(a%46). Biosolids and digestate are as defined
by 14 California Code of Regulations Section 18982(a). Tlie
material must not contain in excess of 5% by volume
garbage or non-organic recyclable materials. In residential
dwelliiigs, if the material is placed in a plastic ba,g, the bag
must ox'ily be a compostable plastic bag. In eommercial
properties or multi-fan'iily residential properties, if the
material is placed in a plastic bag, the bag must be clear
plastic or a compostable plastic bag.
56. "Organic waste generator" means a person or
entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(48).
57. "Owner"meanstheholderorholdersoflegaltitle
to the real property constituting the premises to which solid
waste collection service is provided.
58. "Paper products" include, but are not limited to,
paper jarfftorial supplies, cartons, wrapping, packaging, file
folders, hanging files, cornigated boxes, tissue, and
toweling, or as otherwise defined in 14 California Code of
Regulations Section 18982(a)(51).
59. "Person" includes any person, firm, association,
organization, partnership, business trust, joint venture,
corporation, or company, and includes the United States, the
State of California, the County of Santa Clara, special
purpose districts, and aiiy officer or agency thereof.
2021 S-84
6.24.020 Cupertino - Franchises 16
60. "Premises"meansanyland,buildingorstructure,
or portion thereof, within the City where any solid waste is
produced, kept, deposited, placed or accumulated.
61. "Printing and writing paper" includes, but is not
limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing
tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(54).
62. "Prohibited container contaminants" means the
j01l01l{ig: (i) diSCUded 13t6jili5 placed in the blue
container that are not identified as aceeptable source
separated recyclable materials for the City's blue container;
(ii) discarded materials placed in the green container that are
not identified as acceptable source separated green contaiiier
organic waste for the City's green container; (iii) discarded
materials placed in the gray container that are acceptable
source separated recyclable materials and/or source
separated green container organic waste to be placed in the
City's green container and/or blue container; and (iv)
excIuded waste placed in any container.
63. "Recovery" meaixs any activity or process
described in 14 California Code of Regulations Section
18983. I(b), or as otherwise defiixed iix 14 California Code
of Regulations Section 18982(a)(49).
64. "Remote monitoring" means the use of the
internet of things (IoT) and/or wireIess electronic devices to
identify the types of materials in commereial businesses'
blue containers, green containers, and gray containers for
purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of prohibited
container contaminants. Remote monitoring may involve
installation of remote monitoriiig equipment on or in
comrnercial businesses ' blue containers, green containers,
and gray containers. A remote monitoring prograrri may be
implemented by the City, its designee, and/or a commercial
business at a later date, consistent with the terms of this
chapter. Remote monitoring is not expected to be used for
any residential premises.
65. "Residentialprernises"or"residential"meansany
single-unit dwelling or multi-unit residential property.
66. "Restaurant" means an establishment primarily
engaged in the retail sale of food and drinks for on-pren'ffses
or immediate consumption, or as otherwise defined in 14
California Code of Regulations Section 18982(a%64).
67. "Route review" means a visual inspeetion of
containers along a hauler route for the purpose of
determining container contamination, and may include
mechanical or electronic inspection methods such as the use
of cameras, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%65).
68. "ShareTable"hasthesamemeaningasinSection
114079 of the Health and Safety Code.
69. "Single-stream recycling" means a recycling
program in which generators place multiple types of
recoverable materials in a single container that is designated
specifically for reeyclables and is taken to a material
recovery facility for processing.
70. "Single-unit dwelling" or "single-family
dwelling" or "siiigle-family" means one or more rooms and
a single kitchen, designed for occupancy by one family for
residential purposes. Each dwelling unit within a
condominium project, duplex, townhouse project or
anartment. and each second unit located within a
single-family residential zoning district, shall constitute a
separate single-unit dwelling to which solid waste coIlection
service is provided, unless the owner or occupants thereof
arrange for solid waste collection service to be provided to
all dwelling units upon the premises at commercial rates.
71. "Solid waste" has the same meaning as defined in
California Public Resources Code Section 40191, and
generally means all items of solid waste including, but not
limited to garbage, non-organic recyclables, organic waste
and liazardous materials eligible for collection.
72. "Solid waste collector" means aixy person or
entity authorized by the franchise agreement between the
Franchisee aixd the City, in accordance with Section
6.24.120 of this chapter, to collect, receive, carry,
transport, process and dispose of any garbage, non-organic
recyclables, organic waste and hazardous materials eligible
for collection, produced, kept or accumulated within the
City.
73. "Solid waste collection service" means the
collection, transportation and disposal of garbage, organic
waste, non-organic recyclables and hazardous materials
eligible for colIection by an authorized solid waste collector.
74. "SourceSeparated"meansmaterialsthat,priorto
collection, are or have been separated or segregated by their
generator as to type or category of source material and are
or have been placed into separate containers according to
type or category, i.e. all metal is separated from other
recyclables and placed in its own separate container or
separate debris box.
75. "Source separated blue container orgariic waste"
meaixs source separated organic waste that can be placed in
a blue container that is limited to the collection of those
organic waste and non-organic recyclables as defined in 14
California Code of Regulations Section 18982(a)(43), or as
otherwise defined by 14 California Code of Regulations
Section 17402(a%l8.7).
76. "Sourceseparatedgreencontainerorganicwaste"
means source separated organic waste that can be placed in
a green container that is limited to collection of organic
waste by the generator, excluding source separated blue
2021 S-84
16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
container organic waste, carpets, non-compostable paper,
textiles, and manure.
77. "Source separated reeyelable materials" means
source separated non-organic recyclables and source
separated blue container organic waste.
78. "Supermarket" means a full-line, self-service
retail store with gross annual sales of two million dollars
($2,000,000), or more, and which sells a line of dry
grocery, eanned goods, or nonfood items and some
perishable items, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(71).
79. "Tenant"meaiisanypersonorpersons,otherthan
(pB @y,iyl(y, (y;)(;llp)ijHg 01' ill p(i55(55i@p r)f z py@lj5(5,
80. "Tier one coinniereial edible food generator"
means the following: (a) supermarkets; (b) grocery stores
with a total eacility size equal to or greater than 10,000
square feet; (c) food service providers; (d) food distributors;
and (e) wholesale food vendors. If the definition iii 14
California Code of Regulations Section 18982(a%73) of tier
one commercial edible food generator differs from this
definition, the definition in 14 California Code of
Regulations Section 18982(a%73) shall apply to tliis cliapter.
For the purposes of this chapter, food recovery
organizations and food recovery services are not tier one
commercial edible food generators.
81. "Tier two commercial edible food generator"
means the Following: (a) restaurarils witlx two lxundred fifty
(250) or more seats or a total faeility size equal to or greater
tlian five thousand (5,000) square feet; (b) hotels with an
on-site food facility and two hundred (200) or more rooms;
(c) health facilities with an on-site food facility and one
hundred (100) or more beds; (d) large venues; (e) large
events; (f) state agencies with a cafeteria with two hundred
fifty (250) or more seats or total eafeteria facility size equal
to or greater than five thousand (5,000) square feet; and (g)
local education ageney facilities with on-site food facilities.
If the definition in 14 California Code of Regulations
Section 18982(a%74) of tier tsvo commercial edible food
generator differs from this definition, the definition in 14
California Code of Regulations Section 18982(a%74) sliall
apply to this chapter. Non4ocal entities that operate a
facility that meets this definition are tier two coinmercial
edible food generators. For the purposes of this chapter,
food recovery organizations and food recovery services are
not tier two commercial edible food generators.
82. "Wholesale food vendor" means a business or
establishment engaged inthe merchant wholesale distribution
of food, where food (iiicluding fniits and vegetables) is
received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 California Code of Regulations
Section 189852(a)(76). (Ord. 21-2231, § 1, 2021; Ord.
20-2218, § 2, 2021; Ord. 15-2130, F§ 1 (part), 2015; Ord.
2094, § 1, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572,
S, 1 (part), 1991)
6.24.030 Mandatory Solid Waste Collection Service -
Owner Responsibfflty.
A. The owner of each occupied residential or
nonresidential premises shall subscribe to and pay for at
least the minimum level of solid waste collection service
made available to that premises by the solid waste collector,
3s specified in the franchise agreement between the city and
the solid waste collector executed pursuant to Section
6.24.120 of this Chapter or obtain an exemption under
Section 6.24.031 below. "I'he owner of eacli occupied
residential or nonresidential premises shall subscribe to and
pay for a level of service sufficient to provide for the
collection of all solid waste generated on the premises.
Customers at non-residential pren'iises must subscribe to
services on a regular weekly basis sufficient to prevent
container or bin overages and, where necessary, to extra
services to prevent overages. Nonresidential customers'
solid waste, if bagged, shall be in clear plastic bags.
B. The charges for solid waste collection service
rendered or made available shall be paid for all periods of
time during which the premises are occupied, regardless of
whether or not the owner or tenant has any solid waste to be
collected on any particular collection date during such
occupancy. Occupancy shall be presumed unless evidenee is
presented that gas, electric, telephone and water utility
services were not being provided to the premises during
such periods. Nothing iii this section is intended to prevent
an arrangement, or the continuance of an arrangement,
under which payments for solid waste collection serviee are
made by a tenant or teriants, or any agent or other person,
on behalf of the owner. However, any such arrangement
will not affect the solid waste collection service recipient's
obligation to pay for solid waste collection service as
providedhereiii. (Ord. 20-2218, S, 3, 2021; Ord. 15-2130,
S, 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1572,
F3 1 (part), 1991)
6.24.031 Mandatory Solid Waste Collection Sersriee -
Exemption Procedures.
An owner may obtain an exemption from the
mandatory solid waste collection service in section 6.24.030
through the following process:
A. An owner may apply to the Director for an
exemption from this section if (a) the applicable premises
2021 S-84
6.24.031 Cupertino - Franchises 16B
has been vacant and has not generated or accumulated any
solid waste for the previous sixty days, and (b) will continue
to be vacant for the foreseeable future.
B. Application for a vacancy exemption must be
made on the form provided by the city and submitted to the
Director for review and a determination as to the eligibility
in accordance with the city's vacancy exemption policy.
C. An exemption and any extension of such
exemption may be for a period of not more than one
hundred eighty days. (Ord. 15-2130, (il (part), 2015)
6.24.035 Mandatory Non-Organic Recycling for
Businesses.
A. The owner or tenant designees of multi-family
dwelling premises are required to subscribe to and maintain
mandatory non-orgaic residential recycling services for
each individual household inthe dwelling. Anexception may
be granted at the discretion of the Director if it is
determined there is not sufficient storage space for the
containers at the multi-family dwelling premises.
B. All businesses are required to subscribe to aixd
maintain mandatory non-organic recycling services if such
businesses generate greater tl'ian or equal to four (4) cubic
yards of solid waste per week. If tlie solid waste collector
transports containers of solid waste generated by the
business to a material recovery facility for the purposes of
mixed waste processing, thereby separating non-o'rganic
recyclables from the mixed waste and recycling the
non-organic recyclables, the business will be deemed to be
subscribing to non-organic recyeling services.
C. The disposal of garbage in containers designated
for organic waste recycling or processing or for source
separated or single-stream recycling is prohibited.
D. Tlie solid waste collector is proliibited from
providing solid waste service to businesses subject to the
mandatory non-organie recycling requirements without
providing a non-organic recycling program that includes the
collection of a container no less than thirty-tviio (32) gallon
capacity, provided by the solid waste collector, at least one
(1) time per week. The only exceptions to this requirement
are the following:
1. The solid waste collector provides a mixed waste
processing program to the business in which solid waste
containers are taken to a material recovery facility for
processiixg to remove non-organic recyclable materials.
2. The solid waste collector may sierify the owner or
tenant designee has been granted an exception to the
mandatory non-organic recycling program from the
Director. (Ord. 20-2218, § 4, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2094, § 1, 2012)
6.24.037 Mandatory Organic Waste Disposal
Reduction.
6.24.037.010 Requirements for Single-Family
Generators.
Single-family organic wiaste gerierators shall:
A. Subscribe to the City's organic waste collection
services for all organic waste generated. The City and/or its
designee shall have the right to review the number and size
of a generator's containers to evaluate the adequacy of
capacity provided for each type of collection service and to
review the proper separation of materials and containrnent
of materials,
B. Participate in the City's organic waste collection
service by placing designated materials in designated
containers as described below, and not placing prohibited
container contaminants in collection containers. Generator
sliall place source separated green container organic waste,
including food waste, in the green container; source
separated recyclable materials in the blue container; and
gray container waste in the gray container. Generator shall
not place materials designated for the gray container into the
green container or blue container.
C. Nothing in this section prohibits a generator from
preventiiig or reducing their solid waste generation,
managing organic waste on site, and/or using a community
composting site pursuant to 14 California Code of
Regulations Section 18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.020 Requiren'ients for Commercial Business
Generators
Commercial business organic waste generators,
including multi-family organic waste generators, shall:
A. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, subscribe to the City's organic
uiaste collection service for all organic waste generated. The
City and/or its designee shall have the right to review the
number and size of a generator's containers and frequency
of collection to evaluate the adequacy of capacity provided
for each type of collection service aiid to review the proyer
separation of materials and containment of materials.
B. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, participate in the City's organic
waste collection service by placing designated materials in
designated containers as described below, and not placing
prohibited container contaminants in collection containers.
Generator shall place source separated green container
organic waste, ineluding food waste, in the green container;
2021 S-84
16C Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6,24.037.020
source separated recyclable materials in the blue container;
and gray container waste in the gray container. Generator
shall not place materials designated for the gray container
into the green container or blue container. If organic wiaste
is placed in a plastic bag, the bag must be a clear plastic or
a compostable plastic bag.
C. Supply and allow access to adequate number, size
and location of collection containers with sufficient labels or
colors (conforming with Sections 6.24.037.020.D.1 and
6.24.037.020.D.2 of this code) for employees, contractors,
tenants, and customers, consistent with the City's blue
container, green eontainer, and gray container collection
5Byvi(.B oy, if back-hauling, per the commercial business's
instruc.tions to support its compliance with its back-haul
program, in accordance with Section 6.24.037.050 of this
code.
D. Excluding multi-family residential properties,
provide containers for the collection of source separated
green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where
disposal containers are provided for customers for materials
generated by that business. Such containers do not need to
be provided in restrooms. If a commercial business does not
generate any of the material.s that would be collected in one
type of container, then the business does not have to provide
that particular container in all areas where disposal
containers are provided for customers. Pursuaiit to 1.4
California Code of Regulations Section 18984.9(b), tlie
containers provided by the business shall have either:
1. A body or lid that conforms with the container
colors specified by the City, with either lids conforming to
the color requirements or bodies conforming to the color
requirements or both lids and bodies conforn'ffng to color
requirements. Notwithstandiiig the foregoing, a commercial
business is not required to replace functional containers,
including contaiiiers purchased prior to January 1, 2022, that
do not comply with the requirements of the subsection prior
to the end of the useful life of those containers, or prior to
Jaiiuary 1, 2036, whichever comes first.
2. Container labels that include lai'iguage or graphic
images, or both, indicating the primary rnaterial accepted
and the primary materials prohibited in that container, or
containers with imprinted text or grapliie ii'nages tliat
indicate the primary materials accepted aiid primary
materials prohibited in the contaiiier. Pursuant to 14
California Code of Regulations Section 18984.8, the
container labeling requirements are required on new
containers commencing January 1, 2022.
E. Excluding multi-family residential properties, to
the extent practical through education, training, inspection,
and/or other measures, prohibit employees from placing
materials in a container not designated for those materials
per the City's blue container, green container, and gray
container collection service or, if back-hauling, per the
commercial business's instructions to support its compliance
with its back-haul program, in accordance with Section
6.24.037.050 of this code.
F. Excluding multi-family residential properties,
periodically inspect blue containers, green containers, and
gray containers for contamination and inform employees if
containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14
California Code of Regulations Section 18984.9(b)(3).
G. Annually provide information to employees,
contractors, tenants, and customers about organic waste
recovery requirements and about proper sorting of source
separated green container orzic waste and source
separated recyclable materials.
H. Provide education information within fourteen
(14) days of new occupation of the premises to new tenants
that describes requirements to keep source separated green
container organic waste and source separated recyclable
materials separate from each other and gray container waste
and the location of containers and the rules governing their
uSe.
I. Provide or arrange access for inspections
conducted in accordance with Section 6.24.037.070 of this
code to confirm compliance with the requirements of this
chapter.
J. Accommodate and cooperate with the City's
remote monitoring program, if any, for inspection of the
adequacy of capacity and the types of materials placed in
containers to identify prohibited container contaminants.
K. At a commercial business's option and subject to
any approval required from the City and/or its designee,
implement a remote monitoring program for self-inspection
and self-monitoring of the adequacy of capacity and the
types of materials placed in containers to identify prohibited
container contarninants.
L. Nothinginthissectionprohibitsageneratorfrom
preventing or reducing waste generation, managing orgic
waste on site, and/or using a community composting site
pursuant to 14 California Code of Regulations Section
18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.030 Waivers for Commercial Business
Generators.
A. De Minirnis Waivers. The Director may wai've a
cormnercial business's (including a multi-fainily residential
property's) obligation to comply with some or all of the
organic waste collection service requirements of this chapter
if the conunercial business provides documentation
demonstrating that the business generates below the aniount
of organic waste deseribed in this section. A eommercial
business requesting a de minirnis waiver shall:
2021 S-84
6.24.037.030 Cupertino - Franchises 16D
1. Submit an application to the Director specifying
the service or requirements for which it is requesting a
WalVer.
2. Provide documentation that either:
(a) The commercial business's total solid waste is
two (2) cubic yards or more per week and organic waste
subject to collection in a blue eontainer or green container
comprises less than twenty (20) gallons per week per
applicable container of the business' total waste; or,
(b) The commercial business's total solid waste is
less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container
comprises less than ten (10) gallons per week per applicable
container of the business's total waste.
(c) For the purposes of this section, total solid waste
shall be the sum of weekly container capacity measured in
cubic yards for solidwaste, non-organic recyclable material,
and organic waste.
3. Notify the Director if circumstances change such
that tlie commercial business's organic waste exceeds the
threshold required for waiver specified in this section, in
which case the waiver will be rescii'ided.
4. Provide written verification of eligibility for a de
minirnis waiver to the Director every fiye (5) )tears, if tlie
City has approved a de ininin'iis waiyer.
B. PhysicalSpaceWaivers.TheDirectorn'iaywaive
a commercial business's (including amulti-famiIy residentiaI
property's) obligation to comply with some or all of the
organic waste collection service requirements of this chapter
if the commercial business provides documentation
demonstrating that the premises laeks adequate space for the
collection containers required for compliance with this
chapter. A commercial business requesting a pliysical space
waiver shall:
1. Submit an application to tlie Director specifying
the service or requirements for which it is requesting a
waiver.
2. Provide documentation that the premises laeks
adequate space for blue containers and/or green containers,
which may include documentation from its hauler, licensed
architect, or licensed engineer.
3. Notify the Director if tlie con'imercial business's
physical space configurations change, in which case waiver
will be rescinded.
4. Provide written verification of eligibility for a
physical space waiver to the Director every five (5) years,
if the City has approved a physical space waiver. (Ord.
21-2231, § 1, 2021)
6.Z4.037.040 Requirements for Haulers and Facility
Operators,
A. Requirements for Haulers
1. The exclusive franchised hauler providing
residential, commercial, or industrial organic waste
collectionservices to generators within the City's boundaries
shall meet the following requirements and standards:
(a) The Franchise Agreement with the exclusiye
franchised hauler will identify the facilities to which the
hauler will transport organic waste including faeilities for
source separated recyclable materials and source separated
green container organic waste.
(b') Transport source separated recyclable materials
and source separated green container organic waste to a
facility, operation, activity, or property that recovers
organic waste as defined in 14 California Code of
Regulations, Division 7, Chapter 12, Article 2.
2. Nothing in this section is applicable to haulers
transporting source separated organic waste to a community
composting site in a manner otherwise consistent with law,
or lawfully transporting C&D debris in a manner that
complies with 14 California Code of Regulation.s Section
18989.1 and the City's C&D debris ordinances, codified at
Section 6.24.200 and 16.72.040 of this code.
3. Back-haulers sliall comply with the requiren'ients
of Section 6.24.037.050 of this code.
B. Requirements for facility operators and
COfinuIllt)7 COnlpOStfflg OperatlOnS
1. Owners of facilities, operations, and activities
that recover organic waste, ineluding, but not lin'nted to,
compost facilities, in-vessel digestion facilities, and
publicly-owned (reatment works shall, upon the City's
request, provide information regarding available and
potential new or expanded capacity at their facilities,
operations, and activities, including information about
throughput and permitted capacity necessary for planning
purposes. Entities contaeted by the City shaIll respond within
sixty (60) days.
2. Con'ununity composting operators shall, upon the
City's request, proyide information to the City to support
organic waste capacity planning, including, but not limited
to, an estimate of the amount of organic waste anticipated to
be handled at the community composting operation. Entities
contacted by the City shall respond within sixty (60) days.
(Ord. 21-2231, 8, 1, 2021)
6.24.037.050 Requirements for Back-Haulers.
A. Back-haulers shall source separate all non-organic
recyclable material and organic waste generated on-site from
solid svaste in a manner consistent uiith 14 California Code
of Regulations Sections 18984. 1.
1
2021 S-84
16E Garbage, Non-Organic Recycnng and Organic Waste Recycling Collection and Disposal 6.24,037.050
B. Back-haulers shall haul their source separated
recyclable materials and source separated green container
organic waste for appropriate recovery.
C. Back-haulers shall keep reeords of the quantity of
non-organic recyclable material and organic waste being
back-hauled. The records shall include the following
information:
1. Delivery receipts and weight tickets from the
entity accepting the non-organie recyclable material aiid
organic waste.
2. The amount of non-organic recyclable material
and organic waste in eubic yards or tons transported by the
generatoi' to each entity.
3. If the material is transported to an entity that does
not have scales on-site, or employs scales incapable of
weighing the back-hauler's vehicle in a manner Tl'iat allows
it to determine the weight of materials received, tlie back-
hauler is not required to record the weight of material but
shall keep a record of the entities ihat received the non-
organic recyclable n'iaterial and organic uiaste.
D. Back-haulers shall, upon the City's request,
provide the records collected pursuant to tliis section.
Entities contacted by the City shall respond witliin sixty (60)
days. (Ord. 21-2231, F3 1, 2021)
6.24.037.060 Procurement.
Mulch procured for the purpose of meeting the City's
ai'mual recovered organic waste product procurement target
pursuant to 14 California Code of Regulations Chapter 12 of
Division 7 must meet the requirements described in tliis
section for the duration of the applicable procurement
compliance year, as specified by 14 California Code of
Regulations Section 18993.1(f)(4):
A. Produced at one of the following facilities:
1. A compostable material handling operation or
facility as defined in 14 California Code of Regulations
Section 17852(a)(12), that is permitted or authorized under
14 California Code of Regulations Division 7, other than a
chipping and grinding operation or facility as defined in 14
California Code of Regulations Section 17852(a%lO);
2. A transfer/processing facility or transfer/
processing operation as defined in 14 California Code of
Regulations Sections 17402(a)(30) and (31), respectively,
that is pern'iitted or authorized under 14 California Code of
Regulations Division 7; or,
3. A solid waste landfilI as defined in Public
Resourees Code Section 40195. I that is permitted under 27
California Code of Regulations Division 2.
B. Meet or exceed the physical contamination,
maximum metal concentration, and pathogen densit5t
standards for land application specified in 14 California
CodeofRegulations Sections 17852(a)(24.5%A)1 through3.
(Ord. 21-2231, § 1, 2021)
6.24.037.070 Inspections and Investigations.
A. The City and/or its designee are authorized to
conduct inspections and investigations, at random or
otherwise, of anti collection container, collection yehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated
materials, to confirm compliance with this chapter by
organic waste generators, commercial businesses (including
multi-family residential properties), haulers, and
back-liaulers, subject to applicable la'ws. This section does
not allow the City or its designee to enter ihe interior of a
residential premises for inspection. For the purposes of
inspecting commercial business cont.ainers for compliance
with Section 6.24.037.020 of this code, the City and/or its
designee may conduct container inspections for prolxibited
container contarninants using remote monitoring, if such a
program is adopted, and commercial businesses shall
accommodate and cooperate with sueh remote monitoriiig
pursuant to Section 6.24.037.020.J of this eode.
B. Regulated entity shall provide or arrange ['or
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
City and/or its designee during such inspections and
investigations, Such inspections and investigations may
include confirmation of proper placement of materials in
containers, inspection of edible food recovery activities,
review of required records, or other verification or
inspection to confirmcompliance with any other requirement
of this cliapter. Failure of the regulated entity to provide or
arrange for: (1) access to the premises; (2) installation and
operation of remote monitoring equipment, if a remote
monitoririg prograni is adopted; or (3) access to records for
any inspect.ion or investigation is a violation of tliis chapter
and may result in penalties described in Sections
6.24.037.080 and 6.24.240 of this code.
C. Any records obtained by the City and/or its
designee during inspections, remote rnonitoring, if such a
progranx is adopted, and other reviews shall be subject to the
requirements and a'pplicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section
6250 et seq.
D. The City and/or its designee are authorized to
eonduct any inspections, remote monitoring, if such a
program is adopted, or other investigations as reasonably
necessary to further the goals of this chapter, subject to
applicable laws.
E. The City shall accept written complaints from
persons regarding an entity that may be potentially non-
eon'ipliant with this chapter, including receipt of anonymous
complaints. (Ord. 21-2231, F§ 1, 2021)
2021 S-84
6.24.037.080 Cupertino - Franchises 16F
6.24.037.080 Enforcement.
A. For the period from January 1, 2022 through
December 31, 2023, the enforcement officer and/or the
City's designee will conduct inspections, remote monitoring
(if such a program is adopted), route reviews, compliance
reviews, and investigation of complaints, depending upon
the t5rpe of regulated entity, to determine eompliance with
the requirements of Section 6.24.037 of this code. If the
enforcement officer and/or the City's designee detern'iines
that an organic waste generator, back-hauler, hauler, or
other entiiy is not in compliance with such section, the
enforcement officer aiid/or the City's designee shall provide
edacational materials to the entity, describing its obligations
under Section 6.24.037 of this code and that violations may
be subjectto administrative citations, fines, civilpenalties or
other remedies beginning on January 1, 2024.
B. Beginning January 1, 2024, any person who
violates any provision of Section 6.24.037 of this code shall
be subject to the penalties as provided in Section 6.24.240
of this code.
C. The enforcernent officer and/or the City's
designee will monitor compliance with Seetion 6.24.037 of
this code through compliance reviews, route reviews,
investigation of complaints, and an inspection program (that
may include remote monitoring, if sueh a prograin is
adopted).
D. The enforcement officer may issue a notice of
violation requiring compliance within sixty (60) days of
issuance of the notice. (Ord. 21-2231 8, 1, 2021)
6.24.038 Mandatory Edible Food Recovery.
6.24.038.010 Requirements for Commercial Edible
Food Generators.
A. Tier one commercial edible food generators must
comply wish the requirements of this section cornmencing
January 1, 2022, and tier two commercial edible food
generators must comply comrneneing January 1, 2024,
pursuant to 14 California Code of Regutations .Section
18991.3.
B. Large venue or large event operators not
providing food services, but allowing for food to be
provided by others, shall require food facilities operating at
the large venue or large event to comply witlx the
requirements of this Section, comrnencing January 1, 2024.
C. Tier one and tier two commercial edible food
generators shall comply with the following requirements:
1. Arrange to recoyer the maximum amount of
edible food that wouId otherwise be disposed.
2. Contract with, or enter into a written agreement
with, food recovery organizations or food recovery services
for: (a) the collection of edible food for food recovery; or,
(b) acceptanee of the edible food that the commercial edible
food generator self-hauls to the food recovery organization
for food recovery.
3. Shall not intentionally spoil edible food that is
capable of being recovered by a food recovery organization
or a food reeovery service.
4. Allow the department or designee to access the
premises, conduct inspections, and review electronic and
bard copy records pursuant to 14 California Code of
Regulations Section 18991.4.
5. Keep records that include the following
information, or as otherwise specified in 14 California Code
nf Regulations Section 78991.4:
(a) A list of each food recovery service or
organization that collects or receives its edible food pursuant
to a contract or written agreement establislied under 14
Cal.ifornia Code of Regulations Section 18991.3(b).
(b) A copy of all contracts or written agreements
established under I4 California Code of Regulations Section
18991.3(b).
(c) A record of the following information for each of
tbose food recovery services or food recovery organizations:
(i) The nanie, address and contact information of the
Food recovery service or food recovery organization.
(ii) The types of food that will be collected by or
self-hauled to the food recovery service or food recovery
organization.
(iii) The established frequency that food will be
collected or self-hauled.
(iv) The quantity of food, measured in pounds
recovered per month, collected or self-hauled to a food
recovery service or food recovery organization for food
recovery.
D. Tier one commercial edible food generators shall
submit food recovery reports meeting the requirements of
.Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before August 1, 2022, tier one
cornmercia) edible food generators shall submit a food
recovery report for the period of January 1, 2022 through
June 30, 2022.
2. On or before May 1, 2023, and on or before May
1st each year thereafter, tier one commercial edible food
generators shall submit a food recovery report for the period
covering the entire previous calendar year.
E. Tier two con'imercial edible food generators shall
submit food recovery reports meeting the requirements of
Seetion 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before May 1, 2025, and on or before Mast
1st each year thereafter, tier tsvo commercial edible food
generators shall submit a food recovery report for The period
covering the entire previous calendar year.
2021 S-84
16G Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.038.010
F. Food recovery reports submitted by tier one and
tier two commercial edible food generators shall iiiclude the
following information:
1. The name and address of the commercial edible
food generator;
2. The name of the person responsible for the
commercial edible food generator's edible food recovery
program;
3. A list of all contracted food recovery services or
food recovery organizations that collect edible food from the
commercial edible food generator;
4. The total number of pounds of edible food, per
yr,p), donated through a contraeted food recovery
organization or food recovery service.
G. Nothing in this chapter shall be construed to limit
or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or share table and school food
donation guidance issued by the Califotriia Department of
Education pursuant to Senate Bill 557 (2017). (Ord.
21-2231, § 1, 2021)
6.24.038.020 Requirements for Food Recovery
Organizations and Services.
A. Food recovery services collecting, receiving, or
coordinating the collection of edible food directly from tier
one or tier two commercial edible food Benerators, via a
contract or written agreement established under 14
California Code of Regulations Section 18991.3(b), shall
maintain the following records, or as otherwise specified by
14 California Code of Regulations Section 18991.5(a%l):
1. The name, address, aiid contact information for
each commercial edible food generator from which the
service collects edible food.
2. The quantity in pounds of edible food collected
from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported
to each food recovery organization per rnontli.
4. The name, address, and contact information for
each food recovery organization that the food recovery
service transports edible food to for food recovery.
B. Food recovery organizati.ons collecting,
receiving, or coordinating the collection of edible food
directly from tier one or tier two commercial edible food
generators, via a contract or written agreement established
under 14 California Code of ReguIations Section
18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations
Section 18991.5(a)(2):
1. The name, address, and con'[.aet information for
each commercial edible food generator from whieli the
organization receives edible food.
2. The quantity in pounds of edible food received
from each commercial edible food generator per month.
3. The name, address, and contaet information for
each food recovery service that the organization receives
edible food from for food recovery.
C. Food recovery organizations and food recovery
services that have their primary address physically located
in the City and contract with or have written agreements
with one or more tier one or tier two cornrnercial edible
food generators pursuant to 14 California Code of
Regulations Section 18991.3(b) shall submit food recovery
reports meeting the requirements of Section 6.24.038 of this
code to tl'ie department or designee aceording to the
following schedule:
1. On or before August 1, 2022, food recovery
organizations and food recovery services shall. subinit a food
recovery report for the period of January 1, 2022 through
June 30, 2022;
2. On or before May 1, 2023, and on or before May
1st each year thereafter, food recovery organizations and
food recovery services shall subn'iit a food recovery report
for the period covering the entire previous ca].endar year.
D. Food recovery reports submitted by food recovery
services or organizations shall include t.he following
information:
1. Total pounds of edible food recovered in the
previous ealendar year from tier one and tier two edible
food generators with whom the reporting entity has a
contract or written agreement pursuant to J4 California
Code of Regulations Section 18991.3(b).
2. Total pounds of edible food recovered in the
previous calendar year from the tier one and tier two
commercial edible food generators within Santa Clara
County with whom the reporting entity has a contract or
written agreement pursuant to 14 California Code of
Regulations Section 18991.3(b).
E. In order to support edible food reeovery capacity
planning assessments or other studies conducted by the
County of Santa Clara, the City, or designee, food recovery
services and food recovery organizations operating in the
City shall provide inforn'iation and consultation to the City,
designee, or department, upon request, regarding existing,
or proposed new or expanded, food recovery capacity that
eould be accessed by the City and its tier one and tier two
commercial edible food generators. A food recovery service
or food recovery organization contacted by the City, the
department, or designee shall respond to such request for
information within sixty (60) days, unless a shorter
timeframe is specified. (Ord. 21-2231, 8, 1, 202.i)
2021 S-84
6.24,038.030 Cupertino - Franchises 16H
6.24.038.030 Edible Food Recovery Inspections and
Investigations by Department or
Designee.
A. The department and/or designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, eollection vehicle
Ioads, or transfer, processing, or disposal facility for
materials collected from generators to confirm compliance
with this chapter by tier one and tier two commercial edible
food generators, food recovery services, and food recovery
organizations, subject to applicable laws. This section does
not allow the department or designee to enter the interior of
H y(55idenlial premises for inspection,
B. Regulated entities shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
department's or designee's employees during such
inspections and irwestigations. Such inspections and
investigations may include in-person or elec.tronic review of
edible food recovery activities, records, or aixy other
requirement of this chapter described herein. Failure to
provide or arrange for access to the prenuses or access to
records for any inspection or investigation is a violation of
this chapter and may result in penalties described in Section
6.24.038.040 of this code.
C. Any records obtained by the department or
designee during inspections, and other reviews shall be
subject to the requirements and applicable disclosure
exemptions of tlie Public Records Act as set forth in
Goverent Code Section 6250 et seq.
D. Representativesofthedepartrnentand/ordesignee
are authorized to conduct any inspections, or other
investigations as reasonably necessary to further the goals of
this chapter, subject to applieable laws.
E. Department shall receive written complaints,
includinganonymouscomplaints, regardingentitiesthatmay
be in violation of this chapter. Complaints shall include the
name and contact information of tlie complainant, if the
complainant is not anonymous; the identity of the alleged
violator, if known; a description of the alleged violation
including location(s) and all other relevant facts known to
the complainant; any relevant photographic or documentary
evidence to support the allegations in the complaint; and the
identity of any witnesses, if known. (Ord. 21-2231, § I,
2021)
6.24.038.040 Enforcement.
A. Administrative Fine. Violation of any provision
of this chapter shall constitute grounds for issuance of a
notice of violation and assessment of an administrative fine
by the department. Absent compliance by the respondent
within the deadl.ine set forth in the notice of violation, the
department shall commence an action to impose penalties,
via an administrative citation and fine.
B. Notice of Violation. Before assessing an
administrative fine, the department shall issue a notice of
violation. requiring compliance within sixty days of issuance
of the notice. The notice shall include: (1) the name(s) of
each person or entity to whom it is directed, (2) a facffial
description of the violations, including the regulatory
section(s) being violated, (3) a compliance date by which the
respondent is to take specified action(s), and (4) t2he penalty
for not complying before the specified deadline.
C. Extensions to Compliance Deadlines. The
department may extend the compliance deadlines set forth in
a notice of violation if it finds that there are extenuating
circumstances beyond the control of the respondent tliat
make cornpliance within the deadlines impracticable,
including the following:
1. Acts of God such as earthquakes, wildfires,
flooding, and other emergencies or natural disasters;
2. Delaysinobtainingdiscretionarypermitsorother
government agency approvals;
3. Deficiencies in edible food recovery capacity and
the existence of a corrective action plan imposed pursuant to
14 California Code of Regulations Section 18996.2 due to
those deficiencies; or,
4. Any other circumstance in which the department
director, in their sole discretion, finds good cause to extend
the compl.iance deadlines.
D. Administrative Citations. If the respondent fails
to correct the violation by me compliance date, the
department shall issue an administrative citation and fine.
The citation shall include a description of the administrative
citation appeal process, including the designated hearing
officer, the time within which the administrative citation
may be contested, and instructions for requesting a hearing.
B. Amount of Fine. The amount of the
administrative fine for each violation of this chapter shall be
as follows:
J. For a first violation, the amount of the base
penalty shall be $50 to $100 per violation.
2. For a second 'violation, the amount of the base
penalty shall be $100 (:o $200 per violation.
3. Forathirdorsubsequentviolation,theamountof
tlie base penalty shall be $250 to $500 per violation.
P. Factors Considered in Determining Penalty
Amount. The following factors shall be used to determine
the amount of the penalty for each violation within the
appropriate penalty range:
1. The nature, circumstances, and severity of the
violation(s).
2. The violator's ability to pay.
3. The willfulness of the violator's misconduct.
2021 S-84
16I Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.030
4. Whether the violator took measures to avoid or
mitigate violations of this chapter.
5. Evidenee of any economic benefit resulting from
the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions
outside tlie control of the violator.
G. Appeals. Persons receiving an administrative
citation for an uncorrected violation may request a hearing
to appeal the eitation. The City will designate a hearing
officer who shall conduct the hearing and issue a final
written order. The hearing officer may be a City official or
another public agency designated by the City. The hearing
officer shall be identified in the administrative citation. A
hearing will be held only if it is requested within [ifteen (15)
days from the date of tlie notice of the ,'i.drninistrative
citation.
H. Other Remedies. Other remedies allowed by law
may be used to enforce this chapter, including civil action or
criminal prosecution as misdemeanor or infraction. Tlie
department and/or City may pursue ciyil aetions in tlie
California courts to seek recovery of hinpaid administrative
citations. The department may choose to delay court action
until such time as corirt action is a reasonable use of staff
and resources.
I. EducationPeriodforNon-Compliai'ice. Beginning
January 1, 2022, and through December 31, 2023, the
department and/or designee will conduct inspections and
compliance reviews. If the department and/or designee
determines that a tier one commercial edible food generator,
food recovery organization, food recovery service, or other
entity is not in compliance with Section 6.24.038 of this
code, it shall provide educational n'iaterials to tlie entity
describing its obligations under Section 6.24.038 of tliis
code and a notice that compliance is required. 1'[ shall also
provide notice that violations may be subject to
adn'iinistratisie civil penalties starting on January 1, 2024.
(Ord. 21-2231, § 1, 2021)
6.24.040 Commencement of Solid Waste Collection
Service.
The owner or tenant shall conunence solid waste
collection service within ten days after occupancy of a
premises, or portion thereof. In the event service is not
initiated within such period of time, the Director may give
written notice to the owner or tenant that solid waste
collection service is required. If service is not initiated by
the owner or tenant witbin ten days after the date of mailing
the notice, the Director shall authorize the solid waste
collector to begin and continue providing the minimum level
of solid waste collection service to such premises and the
service shall be deemed to have been made available as of
the date of such authorization. (Ord. 15-2130, F§ I (part),
2015; Ord..2069, F3 1 (part), 2010, Ord. 1572, § I (part),
1991)
6.24.050 Frequency of Disposal.
No more than one week's accumulation of garbage
shall be kept or permitted to remain upon any premises in
the City. At least once a week, all garbage and organic
uiaste produced, kept, deposited, placed or accumulated
within any preinises in the City shall be disposed of in
accordance with the provisions of this chapter. Dry
non-organic recyclables may be accumulated for up to one
month (if necessary to reasonably fill the collection
container), so long as they are not stored within vi.ew of the
public right of way and are kept in appropriate contaiixers.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, F3 i (part),
2010; Ord. 1572, 8, 1 (part), 1991)
6.24.060 Method of Garbage, Organic Waste and
Non-Organic Recyclables Disposal.
All garbage, organic waste and non-organic recyclables
subject to solid waste collection service shall be disposed of
by delivery of the appropriate container to an authorized
collection station, located as to be readily accessible for the
removal and emptying of its contents by the solid waste
collector. (Ord. 21-2231, Fg 1, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, S, 1
(part), 199].)
6.24.070 Garbage, Organic Waste and Non-Organic
Recyclables Containers.
A. All garbage, organic waste materials arid
non-organic recyclables containers shall be kept in a sanitary
condition with tl'ie lid closed or cap secured, except when
being loaded or unloaded.
B. Garbage,organicwastematerialsandnon-organic
recyclables containers for residential premises shall be
provided by the solid waste collector and be sized based on
the level of subscription for services requested by the
responsible party or as may be required by this Chapter
6.24. Containers shall not be loaded with more materials
than will fit in the container with the lid closed or cap
secured, or in excess of the weight liinit marked on the
container. All containers for business structure preniises
shall be provided by or approved by the solid waste
collector, except for industry approved grease or cookjng oil
tallow bins that shall. be provided by a designated tallow
hauler.
C. Garbage, organic waste and non-organic
recycling containers shall be collected by the solid waste
2021 S-84
6.24.070 Cupertino - FrancMses 16J
collector when the containers are placed at the collection
station; provided, however, that the collection may be made
at such other location upon approval by the Director, based
on the services subscribed for by the responsible party.
D. Garbage containers, organic materials containers
and non-organic recycling containers shall be placed at the
authorized collection station not more than twenty-four
hours before the scheduled collection time, unless the
resident subscribes for 'Walk-Up' services. All containers
shall be removed from the collection station area tvithin
twenty-four hours after collection. Where containers are
placed within a designated bike laixe, containers shall be
rerr.oyed ssiithii. tv,'elve hovrs after collecticn. All bins,
boxes, and containers of one cubic yard or more, which are
serviced by the solid waste collector, sliall be identified with
the name and telephone number of the collector servicing tlie
bins, boxes and containers. (Ord. 15-2130, 8, I (part), 2015;
Ord. 2069, § l (part), 2010; Ord. 1626, (part), 1993; 1572,
8, 1 (part), 1991)
6.24.080 Inappropriate Containers.
It is the duty of the authorized solid waste collector,
unless otherwise allowed under the current franchise
agreement, to provide the bins, boxes and containers. The
use of garbage, organic materials and non-organic recycling
containers whicli do not meet the standards set forth in
Section 6.24.070 of this chapter sliall be subject to
regulatioris prescribed by the Director. The solid waste
collector may propose for City approval additional e}iarges
to be paid the solid waste collector for the collecting and
transporting of the inappropriate containers or waste
contained therein. (Ord. 20-2218, § 6, 2021 ; Ord. 15-2130,
F§ 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1626,
(part), 1993; Ord. 1572, F3 1 (part), 199])
6.24.090 Burning Restrictions.
It is unlawful for any person to burn, or cause to be
burned, any solid waste within the City or to burn, or cause
to be burned, any waste upon publie streets, ways or alleys.
(Ord. 15-2130, 8, I (part), 2015; Ord. 2069, 8, ] (part),
2010; Ord. 1572, 8, 1 (part), 1991)
6.24.t00 Disposal of Explosive or Hazardous -Material
Restrictions.
No person shall deposit in any garbage organic waste
or non-organic recycling container any explosive, highly
inflammable or otherwise hazardous material or substance.
(Ord. 15-2130, 8, 1 (part), 2015; Ord. 2069, § l (part),
2010; Ord. 1572, fffi I (part), 1991)
6.24.110 Unauthorized Disposal Prohibited.
A. It is unlawful for any person or entity in the City
to throw, deposit or store refuse, garbage or hazardous
waste, or to eause the same to be thrown, deposited or
stored, upon any street, alley, gutter, park, or other public
place. Furthermore, no propert5r owner and/or tenant with
control over any premises shall keep or maintain any
garbage, non-organic recyclables, organic waste, hazardous
materiaIs, or any waste effluent such as grease or on on any
premises within tbe City other than in containers as required
by Section 6.24.070 and/or any other provisions of this
chapter. Waste water must go to the sanitary sewer; if it
contains oil or grease a grease trap may be required.
B. Nothing contained in Section 6.24.070, Section
6.24.080 or this Section 6.24. 110 shall prevent a property
owner and/or tenant with control over anv residential
premises from keeping or maintaining organic waste in a
residential composting bin designed and intended for
residential compostiixg. Residential composting materials and
containers shall not be stored in public view. (Ord.
15-2130, F3 1 (part), 2015; Ord. 2069, 8, l (part), 2010; Ord.
1572, S, 1 (part), 1991)
6.24.120 Franchise Granting Authority.
The City Council may award an exclusive franchise to
any person or entity the Council believes is qualified to
perform solid waste collection service. Such franchise
agreement shall require the solid waste collector to render
service to all residential and nonresidential premises within
the City in accordance with the provisions of this chapter
and in conformity with such regulations as may be adopted
by the Director with the approval of the City Council.
Additional terms of such franchise agreement shall not
conflict with any of the provisions of this chapter, Chapter
9.16 or Chapter iO.48. (Ord. 20-2218, 8, 7, 2021; Ord. 15-
2130, !) 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord.
1572, § 1 (part), 1991)
6.24.150 Charges for Solid Waste Conection Service.
The City Council reserves the right to establish by
resolution a maximum schedule of rates and charges for all
levels of solid waste collection services to be rendered by
the solid waste eollector, who shall then have authority to
collect such rates and charges. The schedule may be
changed from time to time in tlie manner prescribed by the
franchise agreement between the City and the solid waste
collector. (Ord. 20-2218, Ffi 8, 2021; Ord. 15-2130, § l
(part), 2015; Ord. 2069, F3 I (part), 2010; Ord. 1572, 8, 1
(part), 1991)
6.24.160 Entitlement to Collect for Solid Waste
Collection Service.
The solid waste collector shall be entitled to payment
from the recipient of solid waste collection service for any
services rendered or to be rendered by the solid waste
collector. Upon failure to make such payment, the means of
2021 S-84
16K Garbage, Non-Organic Recycnng and Organic Waste Recycling Conection and Disposal 6.24.160
collecting delinquent charges shall be in accordance with the
procedures set forth in. Sections 6.24. 170 through 6.24. 180
of this Chapter. (Ord. 20-2218, 'g 9, 2021; Ord. 15-2130,
§ 1 (part), 2015; Ord. 2069, 8, 1 (part), 2010; Ord, 1572,
8, 1 (part), 1991)
6.24.170 Notification of Delinquency.
If a bill for solid waste collection service becomes
delinquent, the solid waste collector shall send or deliver
notice of delinquency in the form and manner set forth in the
franchise agreement, and indicating the amount owed for
solid waste collection service, including the amount of late
charges that mad be imposed thereon, and advising that
failure to pay the same will result in increased penalties and
that the solid waste collector may pursue other remedies
consistent with law regulating the collection of debts. (Ord.
20-2218, § 10, 2021; Ord. 15-2130, 8, 1 (part), 2015; Ord.
2069, 8) I (part), 2010; Ord. 1572, 8, I (part), 1991)
6.24.180 Remedies for Delinquent Account.
If a bill for solid waste collection service remains
delinquent for more than forty-fiye (45) days, and the solid
waste collector has given notice as required herein, the solid
waste collector shall be entitled to collect a late cliarge in
such amount as set forth in the fraiichise agreement with the
solid waste collector. In the event the bill for solid waste
collection service, together witli any late charge thereon,
remains delinquent for more thaix ninety (90) days, aixd the
solid waste collector has given notice as required lierein, the
solid waste collector may pursue any remedies consistent
with the franchise agreement and law regulating the
collection of debts for services rendered by the solid waste
collector. (Ord. 20-2218, § 11, 2021; Ord. IL5-2130, § 1
(part), 2015; Ord. 2069, Fg 1 (part), 2010; Ord. 1572, FB l
(part), 1991)
6.24.190 Recycle Centers.
The City may operate one or more centers for The
collection of recyelable materials or may enter into a
contract with a private party to operate such centers. 'The
City may contract with tlie same solid waste colleetor
awarded the franchise for solid waste collection service or
with any other party for the processing and transportation of
the recyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
designate what material shall be deemed recyclable and
which may therefore be disposed of by delivery to a recycle
center. (Ord. 15-2130, F3 I (part), 2015; Ord. 2069, § 1
(part), 2010; Ord. 1572, 8, 1 (part), 1991)
6.24.200 Unauthorized Solid Waste Collection.
A. No person shall collect any garbage, mixed
xion-organic recyclables, or organic waste from containers
provided by the solid waste collector when the containers
are located at the collection station and/or within a solid
waste enclosure recycling area, unless such person is an
agent or employee of the City acting within the course and
scope of his en"iployment, or has been awarded a franchise
by tlie City to act as solid waste collector.
B. No person shall collect any garbage, mixed
non-organic recyclables, organic waste, or construction and
demolition materials through the use of debris boxes,
compactors and bin-by-the-day services, whicli is produced,
kept or accumulated within the City, unless such person is
an agent or employee of the City acting within the course
and scope of his employment, or has been awarded a
franchise by the City to act as solid waste collector. The
City shall notify any person or entity violating this section
that the prompt and permanent removal of any collection
bin, box or container from the place or premises is required.
The City's solid waste collector may take legal action to
protect the exclusive rights granted to the solid viiaste
collector in the franchise agreement. Tl'ie following
situations are exempt from this section:
1. The transporting of garbage or non-organic
recyclables and organic waste by tlie properf:y owner, that
have been generated on the property by tl'ie owner of the
property or by an individual or entity leasing or renting the
property from the property owner.
2. Collection of non-organic recyclable materials or
organic material which have been source separated from
other solid waste by the generator and which the generator
sells or donates to any other person or organization, or any
organic or non-organic recyclable materials wl'iiclx have a
value equal to or more than the cost of collection.
3. Removal of construction, remodeliiig or
demolition debris as part of a total ser'vice offered by the
contractor, where the removal is performed by an en'iployee
of the contractor using only equipment owned by the
contractor.
4. Removal of green waste or plant trimnmgs by a
gardening, landscaping, or tree trimming contractor as aix
incidental part of a total service offered by that contractor.
5. Collection of grease wastes from grease bins,
grease traps or grease interceptors.
6. Collection of horse manure from residences or
non-residential properties.
7. Collection of hazardous materials.
8. Collection of non-hazardous material tliat is
greater than fifty percent (50 %) liquid (including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, !) 1
(part), 2015; Ord. 2094, 8) 3, 2012; Ord. 2069, § 1 (part),
2010; Ord. 1572, 8, 1 (part), 1991)
2021 S-84
6,24.210 Cupertino - Franchises 16L
6.24.210 Interfering with Solid Waste Collection
Serviee.
No person shall, in any manner, interfere with the
performance of solid waste collection services being
rendered by an agent or employee of the City acting within
the course and scope of his employment, or being rendered
by the authorized solid waste collector. (Ord. 15-2130, F3 I
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 157)!, F3 1
(part), 1991)
6.24.220 Unauthorized Use of Solid Waste Collection
Service.
No person shall deposit, place or accumulate, or allow
the deposit, placement or accumulation upon a premises for
pick up by the solid waste collector, any solid waste
produced from another premises where such action results
in the avoidance or reduction of any solid waste collection
service charges that would otherwise be payable for
collection of such solid waste from the premises at which it
was produced. (Ord. 15-2130, 8)1 (part), 2015; Ord. 2069,
8) 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.230 Rules and Regulations Adopted.
A. The Director sliall adopt such rules and
regulations as may be necessary for tlie proper
administration and enforcement of this chapter, and any
franchise, contract or license issued or executed tliere under,
including regulations relating to the required frequency of
colIection from various types of places and premises, and
the types of special eontainers required for certain classes of
places and premises.
B. The Direetor shall resolve all disputes concerning
the administration of this cliapter and any franchise,
contract, or license issued or executed there under. Any
affected person who is dissatisfied with the deteriniriation of
the Director may, within ten days after such decision appeal
the same to the City Council. Such appeal must be in
writing, filed with the City Clerk, and must. set forth the
reasons for such appeal.
C. Disputes concerning the enforcement of this
chapter by an administrative citation issued pursuant to
Chapter l. 10 shall be resolved by means of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continued, during the time
ai'iy sucli appeal is pending. (Ord. 15-2130, 8, L (part),
2015; Ord. 2069, 8, 1 (part), 2010; Ord. 1572, F3 1 (part),
1991)
6.24.240 Violation-Penalty.
The City may address violations of this chapter by
issuing administrative citations, fines, ai'id penalties as set
forth in Chapter l. 10 of tliis code. Alternatively, tl'ie City
may prosecute any violation of this chapter as a
misdemeanor, punishable as provided in Chapter 1. 12 of this
Code. (Ord. 21-2231, 8, 1, 2021; Ord. 15-2130, F§ 1 (part),
2015; Ord. 2069, S, 1 (part), 2010; Ord. 1572, S) l (part),
1991)
2021 S-84
9.16.010
CHAPTER 9.16: SOLm WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9. 16.010
9. 16.020
9. 16.030
9. 16. 040
9. 16.045
9.16.050
9. 16.060
Purpose.
Definitions.
Applicability of regulations.
Site deyelopment regulations.
Solid waste, non-organic recyclii'ig aiid
organic recycling enclosures
Maintenance and collection.
Violation-Penalty.
9.16.010 Purpose.
A. Tlie City is required to comply with the applicable
provisions of the California Integrated Waste Managen"ient
Act (AB939 or "Act"), as amended, whicl'i is codified in the
California Public Resource Code beginning at section
40000. The Act requires that by and after January 1, 2000,
fifty percent (50%) of the solid waste generated must be
divertedthroughsourcereduction, recyclingaiidcomposting
activities. In 2014, the Act was amended by Assembly Bill
1826 which requires tliat by April 1, 2016 a business that
generates eight (8) cubic yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by Jaiiuary 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste;
by January 1, 2019, a business that generates four (4) cubic
yards or more of commercial solid waste per week, must
arrange for recycling services specifically for organic waste;
by January 1, 2020, if the State determines tliat statewide
disposal of organic waste has not been reduced to fifty
pereent (50%) of the level of disposal duriixg 2014, a
business that generates two cubic yards or more per week of
commercial solid waste must arrange for the organic waste
recycling, unless the State detern'iines that this requirement
will not result in significant additional reductions of organics
disposal.
B. Tlie lack of adequate areas for collecting and
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need for the
City to address access to solid waste for source reduction,
recycling and composting activi.ties. The State Legislature,
in passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all local agencies
to adopt m ordinance relating to adequate areas for
collecting and loading 'recyclable materials in development
projects. Tlie City has adopted the State's model ordinance
to t'it local conditions, in a manner that complies with AB
1327.
C. Assembly Bill ] 826 authorizes the City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
space in n'iultifamily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-2130,
8, 2 (part), 2015; Ord. 208.5, § 2 (part), 2011; Ord. 1671,
(part), 1994)
9,16.020 Definitions.
The words and plnases used in this chapter have the
sanie meaning as set forth in Section 6.24.020 of this Code
unless defined in this section. Jn which case, as used in this
chapter:
A. "Business Stnicture" means a building or
buildings within a property occupied by one or more
businesses.
B. "Development project" means any of the
following:
1. A project for wliieh a building perrnit is required
for a commercial, industrial, institutional or quasi-public
building, or residential building having five or more living
units, where solid waste is collected and loaded.
2. Any residential project where solid waste is
collected and loaded in a location serving five or more living
UNITS.
3. Any new public f-acility where solid waste is
collected and loaded, iiicl'i.iding any improvements to the
areas of a public faeility which are used for collecting and
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts there
is an area where solid waste is collected and loaded in a
location which serves five or more living units. In such
instances, recycling areas as specified in this chapter are
only required to serye the needs of the liying units which
utilize the solid waste collection and loading area.
2015 S-49 34B-1
9.16.020 Cupertino - Health and Sanitation 34B-2
C. "Improvement" means a site or building change
which adds to the value of a facility, prolongs its useful ]ife,
or adapts it to new uses, including but not Iimited to a
building permit, development permit, or use permit.
D. "Director" means the Director of Public Works
and his/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constituting the premises to which
solid waste collection service is provided.
F. "Project applicant" means any person, firm, or
governmental agency who executes the necessary forms to
procure official approval of aproject, landuse modification,
(iy B perrn.it to carry out constriic.tinn of a pro3ect.
G. "Public facility" means, but is not limited to,
buildings, structures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting andloading ofrecyclable materials including solid
waste. Such areas shall have the ability to accommodate
receptacles for non-organic and orgarNc recyclable
materials, solid waste aiid grease or cooking oil. Recycling
areas shall be accessible and convenient for those who
deposit as well as those who collect and load the recyclable
materials and solid waste placed in the receptacles.
Recycling area is also referred to as solid waste,
non-organic recycling and organic recycling enclosures iiz
this Chapter.
I. "Trioset(s)"meansasetofpermanentlyinstalled
(anchored to the ground) outdoor receptacIes consisting of
kee separate containers one each for solid waste,
non-organic recyclables and organic waste, each labeled to
indicate the material type contained tlierein, and installed
together in a visible collection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or liquid wastes (collectively
"wet waste") which, if left out in the open as opposed to in
a secured container, could create a public nuisance as well
as a stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
yocery stores, produce markets and florists. (Ord.
15-2130, !) 2 (part), 2015 ; Ord. 2085, § 2 (part), 2011 ; Ord.
16 71, (part), 1994)
9.16.030 AppIlicability of Regulations.
A. The site development regulations prescribed in
Section 9. 16.040 of this corle shall apply to all businesses,
business structures and project sites which are subject to
City review and approval for improvements, changes or
modifications.
B. The City may exempt business structures, owners
and/or project applicants from the obligation to comply with
some or all of the requirements of this chapter and Chapter
6.24 of this code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, § 1,
202J.; Ord. 25-2]30, 'q 2 (part), 2015; Ord. 2085, F3 2 (part),
2011; Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
All projects as provided for in Section 9. 16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated organic
rrmterials. solid waste, including grease and cooking oil.
Covered recycling areas built to enclose solid waste,
recycling and organics eontainers, and grease talIow bins are
considered accessory structures and are thus subject to the
provisions of Chapter 19. 100.
A. Recycling areas shall not be located in any area
required to be consti'ucted or maintained as rinencumbered,
acc.ording to any applicable federal, state or local laws
relating to fire, access, building, transportation, circulation
or safety.
B. The development of new or modified recycling
areas shall generally comply with the City's Public Works
Guidelines for "Non-Residential Building Trash &
Reeycling Enclosures or Guidelines for Multi-Family
Dwelling (5 or tnore units) Trash and Recycling
Ericl.osures."
C. Any costs associated with adding garbage aixd
recyeling enclosure storage space to existing development
projects shall be the responsibility of the project applicant or
oWner,
D. Recyeling areas for existing multiple tenant
development projects shall, at a minimum, be sufficient in
eapacity, nun'iber, and distribution to serve that portion of
the development project leased by the tenant wlio subn'iitted
an application resulting in the requirement of a recycling
area under Section 9. 16.030.
E. Outdoor Public Recyeling, Organics and Garbage
Containers:
1. Trio set(s) must be installed -by the project
applicant or properff osvner at all new, in'iproved or
modified business stnictures. An alternative set of bins that
provide equal containment of public litter may be allowed if
deeined appropriate by the Director. If the Director
determines that the potential impact from litter in the vicinity
of the business is negligible, this requirement may be
waived.
2021 S-84
37 Protected Trees 14.18.130
B. Where approval of a tree removal permit that is
subject to the notice and posting requirements of this section
is granted by the City, the property owner shall retain tlie
posted notice on site until the tree is removed.
C. Specimen trees with single trunk under
twenty-four inches DBH or multi-trunk under forty-eight
inches DBH, and trees listed under exemptions in Section
14. 18. 150 do not require notice or posting. (Ord. 14-2126,
8, 3 (part), 2014; Ord. 13-2107, S, 2 (part), 2013; Ord. 2085,
8) 2 (part), 2011; Ord. 2003, 2007)
14.18.140 Tree Management Plan.
A tp(( management plqn may be appi-oved for a
property tliat includes criteria for the removal of certain
trees in the future by anticipating the eventual growth of
trees on the property and specifying a tiine frame iii which
the trees n'iay require removal to prevent osiercrowding of
trees. Additional criteria may be considered for the phased
removal of trees, including, but not limited to: site
maintenance, accessibility iniproven'ients, natural tree
lifespan, and landscape/site improvements that are
determined to be appropriate by the Community
Development Director.
A. Application. An applicatiori for a tree
management plan shall contain the followi.ng:
1. A tree plan indicatiixg all existing trees to be
retained and all new trees to be plax"ited Chat are part of tlie
approyed landscape plan;
2. Labeling of the species, size in DBH at planting
time or at time of tree management plan approval, location
and eventual growth size of each tree on the plan;
3. A written explanation of the specific tree(s) to be
removed, including the eventual growth size in DBH at
which time the tree is to be removed, and a tiine fraine in
wliich the tree(s) will reach the eventual growth size;
4. Tree survey plan indicating the number,
location(s), variety and size (measured Four and a half feet
above grade) of tree(s) to be removed;
5. A strategic replacement planting plan to manage
growth during tree growth phases ;
6. An arborist report from an arborist certified ly
the international Society of ArboricuJhire for all mature
specimen trees; and
7. Notice and posting to residence, Section
14.18.130.
B. Approval autl'iority. An application for a tree
management plan in conjunction with a development
application shall be considered by the approval autliority
concerning the same property as the affected tree
management plan application, and the determination on the
tree management plan shall be made concurrently by the
approval authority. In the instance where a development
applicant is not required per Table 19. 12.030, the Director
of Community Development shall review and approve the
tree management plan.
C. Recordation. The property owner shall have
retention information placed on the property in accordance
with Section 14.18.100, referring the approved tree
management plan, upon approval.
D. Permits. Trees that are listed to be removed in the
tree man$ement plan may be removed within the specified
time frame per the tree management plan without a tree
removal permit, except for trees designated as heritage
trees. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, § 2
(part), 2013; Ord. 2085, 8 2 (part), 2011; Ord. 2003, 2007)
14.18.150 Exemptions.
A. A tree removal permit is not required in the
following situations:
1. Non-mature specimen tree(s) with single-trunk
less than twelve inches DBH or multi-trunk less than
twenty-four inches DBH.
2. Thinning out/removing of trees in accordance
with a recorded tree management plan that has been
approved in accordance with Section 14.18.140.
3. Public utility actions, under the jurisdiction of the
Public Utilities Commission of the State of California, as
may be necessary to comply with their safety regulations, or
to maintain the safe operation of their facilities.
B. Thefollowingcircurnstanceswarranttheremoval
of trees prior to securing a permit from the City; however
a tree removal permit application, with no application fees
or noticing required, must be filed within five working days
as described in Sections 14. 18. 170. Tree replacements may
be required in conjunctionwith approval of this tree removal
permit (Section 14.18.160):
1. Removal of a protected tree in case of emergency
caused by the hazardous or dangerous condition of a tree,
requiring immediate action for the safety oflife or property,
including but not limited to, (e.g., a tree about to fall onto
a principle dwelling due to heavy wind velocities, a tree
deemed unsafe, or a tree having the potential to immediately
damage existing or proposed essential structures), but only
upon order of the Director of Community Development, or
any member of the sheriff or fire department. However, a
subsequent application for tree removal must be filed within
five working days as described in Sections 14.18.110
through 14.18.120. The Director of Cornrnunity
2014 S-46
14.18.150 Cupertino - Streets, Sidewalks and Landscaping 38
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this situation.
2. Dead trees, as deterrn3ned by the Director of
Community Development prior to removal. However, a
subsequent application for a tree removal must be filed
within five working da>is as deseribed in Section I4. 18. I 10
through 14.18.120. The Director of Community
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunc.tion with the approval. No application fee or other
approval process shall be required in this situation. (Ord.
14-2126, 8, 3 (part), 2014; Ord. 13-2107, S, 2 (part), 2013;
Ord. 2085, S) 2 (part), 2011; Ord. 2003, 2007; Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, F3 7.i, 1991)
14.18.160 Tree Replacement.
A. Tree replacement:
1. The approval authority may inipose the following
replacement standards for approval of each tree to be
removed in eonjunction with an approved tree removal
permit, unless deemed otherwise by the approval autliority.
Table 14.18.160A may be used as a basis for this
requirement.
Table 14.18.I60A - Replacement Tree Guidelines
2. The approval authority shall work with the
applicant/property owner of the tree removal permit. to
determme. the location of the replacement tree(s).
B. In lieu fees. The following provisions apply to all
zones unless othersvise noted below:
1. Ifareplacementtreeeannotreasonablybeplanted
on the subject property as detered by a certified arborist,
an in-lieu fee shall be paid by the person requesting the tree
removal permit. Fees shall be paid to the Cit5r's Tree Fund
to:
a. Add or replace trees on public property in the
vicinity of the subject property; or
b. Add trees or landscaping on otl'ier City property.
2. 'The in-lieu fee for a mature specimen tree with
trunk size equal to or less than thirty-six inches, shall be
based upon the purchase and installation cost of the
replacement tree as determined by the Director of
Community Development.
3. The in-lieu tree replacement fee for a heritage
tree or tree with a trunk size greater than thirty-six inches,
shall be based upon the valuation of the removed tree by
using the most recent edition of the ISA Guide for Plant
Appraisal published by the Council of Tree and Landscape
Appraisers.
4. If the subject property is within tl'ie Rl, Al, A,
RHS, and R2 zones, the person requesting the tree removal
permit has the option to pay the fee in-lieu of plantiiig a
replacement tree. Where the applicant would like to plant a
replacen'ient tree, but demonstrates it is physically infeasible
to plant on the subject property, the in-lieu fee shall be
based on the purchase and installation cost of the
replacement tree as determined by the Director of
Cornrnunity Development. In cases where it is physically
feasible to plant, but the applicant chooses to pay the in-lieu
fee instead of planting a replacement tree on the subject
property, payment shall be equivalent to one and one-half
the calculated in-lieu tree replacement fee. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2017, FS, 2 (part), 2013; Ord. 2085,
FS) 2 (part), 2011)
Diaineter of Trunk Size of
Removed Tree (Measured
4'A feet above grade)
Replacement Trees
'Up to 12 inches*One 24" box tree
Over 12 inehes and up to 18
inehes
Two 24" box trees or
One 36" box tree
Over 28 inches and up to 36
inches
Over 36 inclies Orie 36" box tree
Heritage tree One 48" box tree
* Does not apply to Rl, Al, A, RHS, and R2 zones
except required privacy plantings trees in Rl zones
14.18.170 Retroactive Tree Ren'ioval Permit.
An application for a retroactive tree removal sliall be
required for any protected tree removal prior to approval of
a tree removal permit. The application shall be filed with the
Development of Cornmunity Development on forms
prescribed by the Director of Community Development and
shall be subject to the requirements of a tree removal
permit. The applicant shall pay a retroactive tree removal
permit fee as determined by t.he Direetor of Community
Development. (Ord. 14-2126, 8, 3 (part), 2014; Ord.
13-2107, (i2 (part), 2013 ; Ord. 2085, 8, 2 (part), 2011 ; Ord.
2003, 2007)
i,
2021 S-84 Repl.
19.56.010
CHAPTER 19.56: DENSITY BONUS
Section
19.56.010
19.56.020
19.56.030
i9,56,g4p
19.56.050
19.56.060
19.56.070
19.56.080
Pui'pose.
Eligibility for density bonus.
Density bonus.
Tncentives il @(incessioris. waivers
and reduction of parkin,g standards.
General reqriirements.
Application requirements.
Findings.
Intei'pretation.
19.56.010 Purpose.
The density bonus ordinance codified in this ehapter is
intended to comply with the State Density Bonus Law,
Government Code Section 65915, which provides tliat a
local agency sliall adopt an ordinance specifying how the
agency will comply with that section. (Ord. 16-2.149, 8, 8,
2016)
19.56.020 Eligibffity for Density Bonus.
A. Housing developments resulting in a net increase
of at least five units (excluding density bonus units) are
eligible for a density bonus as provided in this chapter, uihen
the applicant for the housing development agrees or
proposes at least one of the following and meets the
requirements of Section 19.56.020C, if applieable:
1. Construet:
a. Ten percent of the total units affordable to louier
income households at affordable rent or afforda'ble housing
cost; or
b. Fi've percent of the total units affordable to yery
low income households at affordable renL or affordable
housing cost; or
c. Ten percent of the total units proposed in a
conunon interest development for sale to moderate income
households, provided that all units in the development are
offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section
19.56.030C:
3. Provide affordable housing in a coridominium
conversion project in accordance with Seetion 19.56.030E.
B. In addition to meeting the requirements of
19.56.020A, a housing development whieh includes a child
care facility in accordance with Sec.tion 19.56.030D, is
entitled to an additional density bonus;
C. Housing developments on sites occupied by rental
housing in the five-year period preeeding the date of
subrnittal of a density bonus application must either meet or
provide:
(1) Affordable units in accordance with Section
19.56.020A; or
(2) Replacement affordable units in accordance with
Government Code Section 65915(c%3)(B), whichever
requires a greater number of affordable units.
D. An applicant may also submit a proposal for
specific incentives or concessions to be granted in
conjunction with the density bonus, as provided in Section
19.56.040;
E. The granting of a density bonus, incentive oi
concession, in and of itself, shall not require a general plan
amendment, zone change, or other discretionary approval
and sliall be reyiewed concurrently with the review of the
liousiixg development. (Ord. 16-2149, 8, 8, 2016)
19.56.030 Density Bonus.
A. Housing developments that meet the criteria in
Section 19.56.020A(1) and Section 19.56.020C, if
applicable, are eligible for a maximrim density bonus as set
forth in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maxitnum
Density Bonus
Very Low
Income
5%20 %
6 % - 11 % o)22.5%-35%
12% - 14% (a)38.75 % - 46.25 %
15 % or more 50%
2021 S-84 105
19.56.030 Cupertino - Zoning 106
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maximum
Density Bonus
Low Income 10%20 %
11%-20% (-')21.5%-35%
21 % - 23 % (')38.'75 % - 46.25 %
24% or more 50 %
Moderate Income
(Common interest
developments)
10 %5%
11% - 40% (")6 % - 35 %
41% - 43% (")38.75% - 46.25%
44% or above 50 %
Affordable
Housing
Development
100 % ("80% or as
speeified in
Governn'ient
Code Section
65915
o) For each 1 % increase over 5 % of the target units,
the density bonus shall be increased by 2.5%, up to a
maximum of 35 %.
a' For each I % increase over If % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(" For each 1 % increase over 10 % of the target units,
the density bonus shall be increased by 1.5 %, up to a
maximum of 35 %.
(4' For eaeh 1 % increase over 20% of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(5) For each I % increase over 10% of the target un.its,
the density bonus shall be increased by 3%, up to a
maximum of 35 %.
(6' For each 1 % increase oyer 40% of the target units,
tlie density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(" Must meet the requirements of Government Code
Section 65915(b)(1%G) or successor provision.
B. .Senior housing developments are entitled to a
maximum density bonus of 20 percent provided the
development comprises of at least 35 units, conforms to
Civil Code Section 51.3 and the units are reserved for
qualifying residents. The development does not have to
provide affordable units unless subject to .Seetion
19.56.020C.
C. Donation of Land:
1, When an applicant donates land to the City or to
a housing developer approved by the City in accordance
with the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development
shall be entitled to a 15 percent density bonus. The
development is entitled to an additional one percent density
bonus for the donation of land that would allow the
development of an additional one percent of affordable units
abovetheminimi.unrequirementsiiiSection 19.56.020A(1),
up to a maximum of 35 percent.
2. The donation of land must meet the following
reouxrements:
a. The land shall be donated and transferred no later
than the date of approval of the housing development, final
subdiyision ma'p, parcel map, or building permit, whichever
occurs first.
b. The developable acreage and zoiig classification
of the land being transferred are sufficient to permit
construction of units affordable to very low income
liouseholds in an amount not less than ten percent of the
number of residential units of the proposed development.
c. The transferred land is at least one acre in size or
of sufficient size to perit development of at least 40 units,
has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
for development at the density described in Government
Code Section 65583.2(c%3), and is or will be served at tlie
time of construction, by adequate public facilities and
infrastructure.
d. The transferred land shall have all of the permits
and approvals, other thanbuilding permits, necessary for the
development of the very low income housing units on the
transferred Iand no later than the date of approval of the
final subdivision map, parcel map, or building permit,
whichever occurs first, except that the City may subject the
proposed development to subsequent design review to the
extent authorized by Government Code Section 65583.2(i)
if the design is not. reviewed by the City prior to the time of
transfer.
e. The land shall be transferred to the City or to a
housiiig developer approved by the City. The City may
require the applieant to identify and transfer the land to the
developer.
f. The transferred land shall be v,iithin the boundary
of the proposed development or, if the City agrees, within
one-quarter mile of the boundary of the proposed
development.
g. A proposed source of tunding for the very low
income units shall be identified not later than the date of
approval of the proposed housing development.
2021 S-84
107 Density Bonus 19.56.030
h. The transferred land and the affordable units shall
be subject to a deed restriction ensuring continued
affordability of the units consistent with Section
19.56.050A, such deed restriction shall be recorded at the
time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development i.s proposed that
contains affordable housing, as provided in Section
19.56.030A and Section 19.56.030C, and includes a child
day care facility that will be located on the preinises of, as
part of, or adjacent to, the project, the City shall grant either
of the following if requested by the developer:
H, AB additional rlensitv bonus in residential sauare
footage that is equal to or greater tban the square footage of
the cliild day care facility.
b An additional concession or incentive that
contributes sigiffficantly to the economic feasibility of the
construction of the child day care facility in accordance with
Section 19.56.040.
2. The City sliall also require that as a condition of
approving the housing developn'ient:
a. The cliild day care facility shall remain in
operation for a period of time that is as long as or longer
than the period of time during wliieli the affordable units are
required to remaiiy affordable.
b Of the children who att.end tbe child day care
facility, the children of very low income ]:'iouseholds, )ower
incon'ie households, or families of moderate income shall
equal a percentage that is equal to or greater tl'ian the
percentage of dwelling units that are required for very low
income households, lower income households, or farnilies of
moderate income.
3. Notwitlistanding any requirement of Seetion
19.56.030D, the City shall not be required to provide a
density bonus or concession for a child day care facility if
the City finds, based upon substantial evidence, that th.e Ci.ty
has adequate child day care facilities.
E. Condonurn Conversions
L When an applicant for approvaI of a condorninium
conyersion agrees to provide at least 33 percent of the total
ui'iits of the proposed condonuiuum project to low or
moderate iixcome households, or 15 percent of the total unjts
of the proposed condon'iinium project to lower income
households; to include tlie affordable units required by
Section 19.56.020C, if applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by the
City, the City sliall either:
a. Grant a density bonus of 25 percent over the
number of apartments to be provided within the existing
structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reduetion or waiver of requirements that the City
might otherwise apply as conditions of conversion approval.
2. The City may place such reasonable conditions on
the granting of a density bonus or other incentives of
equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to
a deed restriction ensuring continued affordability to lower
or moderate inc.ome households consistent with Section
19.56.050A.
3. An application shall be ineligible for a density
bonus or other incentives under this section, if the
apartments proposed for conyersion constitute a housing
development for which a density bonus or other incentives
were previously provided under Government Code Section
65915 or this Chapter.
4. Nothing in this section sliall be construed to
require the City to approve a proposal for a condominium
conversion. Condominium conversions are s$ject to the
requirements of Chapter 19.116.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one
category listed in Section 19. 56. 020A(1), except that density
bonuses for land donation may be combined with others, up
to a combined maximum of 50 percent, and an additional
square-foot bonus may be granted for a child day care
facility as provided in Section 19.56.030C.
2. {n determining the number of density bonus units
to be granted, any fractions of density bonus units shall be
rounded up to the next wl'iole number.
3. Density bonus units authorized by this section
shall not be included when determining the number of
affordable units required to qualify for the density bonus. In
determining tlie number of affordable units required to
qualif5t for a density bonus, any fractions of affordable units
shall be rounded up to the next whole number.
4. An applieant may request a lower density bonus
thaii tl'ie housing development is entitled to, but no reduction
will be pern'iitted in the percentage of required affordable
iniits as shown in Section 19.56.020 or Section 19.56.020C.
5. Regai'dless of the percentage of affordable units,
no housing development will be entitled to a density bonus
of more than provided in Government Code Section 65915,
unless approved by the City pursuant t.o Section
19.56.030F(6).
6. The City, at its discretion, may grarit a density
bonus higher than the maximum set forth in Table 19. 56.030
or in paragraph (5) aboye to a housing development where
all units (except manager's unit(s)) are affordable to lower
income households.
2021 S-84
19.56.030 Cupertino - Zoning 108
7. For purposes of calculating a density bonus, the
residential units do not have to be based upon individual
subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing development
other than the areas where the affordable units are Iocated.
(Ord. 21-2230, § 3, 2021; Ord. 21-2226, % 3. I, 3.2, 2021
Ord. 164149, F3 8, 2016)
19.56.040 Ineentives or Concessions, Waivers and
Reduction of Parkiug Standards.
A. Incentives or Concessions:
1. A liousing development is eligible for incentives
@y g(,II(;B55i@115 33 3110litu iB 'Ja3'lilt 19,56,040A, Ineentives or
concessions must be selected from only one category (very
Iow, Iow, or moderate). No incentives or concessions are
available for land donation or for a senior citizen housing
development that is not affordable. Condominiun'i
conversions aixd day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not
both.
Table 19.56.040k: Incentives or Concessions
Calculations:
2. For purposes of this chapter, permissible
incentiyes or concessions include, but are not limited to:
a. A reduction of development standards or a
modification of zoning code requirements or architectural
design requirements that exceed the minimum building
standards approved by The California Building Standards
Commission as provided in Part 2.5 (commencing uiith
Section 18901) of Division 13 of the Health and Safety
Code, including but not limited to, a reduction in setback
requirements, square footage or parking requirements, such
that the reduction or modification results in identifiable,
financially sufficient, and actual cost reductions.
b. Approvalofrnixed-usezoningincon.junctionwith
the housing development if commercial, office, industrial or
other land uses will reduce the cost of the housing
developn'ient, and if the cornrnercial, office, industrial or
other land uses are compatible with the housing development
and the existing or planned development in the area where
the proposed housing development will be located;
c. Other regulatory incentives or concessions
proposed by the developer or the City, which result in
identifiable, financially sufficient, and actual cost
reductions.
3. Nothing in this section requires the provision of
direct financial incentives for the housing deveIopment,
including but not limited to the provision of financial
subsidies, publicly owned land by the City or the waiver of
fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct finaixcial
incentives ;
4. Ahousingdevelopmentwhichrequestsincentives
or concessions must demonstrate, in compliance with
Section 19.56.060B, that the requested incentives or
concessions are required to provide for affordable rents or
affordable housing costs, as applicable.
Unit Type Percent of
Affordable
Units
'-T
Number of
Incentives/
Concessions
Very Low
Income Units
5 % or greater 1
10% or greater 2
15 % or greater 3
Low Income
Units
10% or greater 1
17% or greater 2
24 % or geater 3
Moderate
Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Affordable
Housing
Development
100%"'4
* Must meet the requirements of Goveriunent Code Section
65915(b)(1%G) or successor Brovision.
2021 S-84
108A Density Bonus 19.56.040
B. Waivers:
1. An applicant may submit to the City a proposal
for the waiver or reduction of development standards that
will have the effect of physically precludiiig the construction
of a housing development meeting the criteria outlined in
Section 19. 56.020 at the densities or with the concessions or
incentives permitted under this chapter.
2. A proposal for the waiver or reduction of
development standards shall neither reduce nor inerease the
number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A.
3. The applicant shall demonstrate that the
development staiidards that are requested to be waived will
have the effect of physically precluding the construction of
trie development with the density bonuses and incentives or
COnCeSSIOnS.
C. Reduction of Parking Standards:
1. If a housing development is eligible for density
bonus as proyided in Section 19.56.020, upon request of the
applicant, themaximumoff-streetparkiiigstandardstliatcaix
be applied to the liousing portion of the development,
inclusive of handicapped and guest parking are indicated iii
Table 19.56.040B. These may include tandem and
uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards for
pro,jects eligible for a density bonus:
Number of
bedrooms
Mammum number of required
off-street parking spaces
O-1 One (1)
2-3 Two (2)
4+Two and one-half (2.5)
2. For certain other housing developments that are
eligible for a density bonus as provided in Section
19.56.020, upon request of the applicant, the maximum
off-street parking standards that ean be applied for the
housing portion of the development, inclusive of
l'iaiidicapped aixd guest parking, are indicated iix Table
19.56.040C. Tliese may inelude tandem and uncovered
parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing developments:
Type of development Ma ximutn number of required
off-street parking spaces
1. RentaIl or ownership housing developmerii with:
a. At least 11 % very low income or 20% low income units; and
b. Within one-half inile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per bedroom
2. Rental housing development with:
a. All units affordable to lower income households ex.cept
manager's unit(s); and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per unit
3. Rental housing developmerit with:
a. All units affordable to lower income households except
manager's unit(s); and
b. A senior eitizen liousii'ig development; and eitlier
c. Has paratransit service; or
d. Is within one-half mile of fixed tus route service tliat operates 8
times per day, with Unobstructed Access to that service.
0.5 per unit
4. Rental housing development with:
a. All units affordable to lower incon'ie liouseliolds except
manager's unit(s); and
b. A Special Needs Housing development; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service that operates 8
times per day, with Unobstructed Access to that service.
0.3 per unit
2016 S-58
19.56.040 Cupertino - Zoning 108B
3. If the City, at its cost, has conducted an area-wide
or City-wide parking study in the last seven years, then The
City may find, based on substantial evidence, that a higher
parking ratio is required than shown in Table 19.56.040C.
In no event, may the required parking be greater than tl'ie
ratio shown in Table 19.56.040B. The parking study must
conform to the requirements of Government Code Section
65915(p%7). (Ord. 21-2230, § 3, 2ml; Ord 164149, 8, 8,
2016)
19.56.050 General Requiren'ients.
A. Affordable rental low and very low income units
must remain affnrdable (ri low or verv low income
households, as applicable, for fifty-five (55) years or for a
longer period of time if required by a construction or
mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to
moderate-income households for the duration required by
Chapter 19. 172, Below Market Rate Housing Program and
implementing procedures and policies adopted by the City
Council, or for a longer period of time if required by a
constniction or mortgage financing assistance program,
mortgage insurance program, or subsidy program. Sales
price for for-sale affordable very low, low, and moderate
income units shall be set at affordable housiiyg cost. Rents
for affordable low and very low income rental units shall be
set at an affordable level.
B. The affordable dwelling units and land dedication
that qualify a housing development for a density bonus may
also be used to meet the below-market-rate housing
provisions of the City's Residential Housing Mitigation
Program, provided that the affordable rinits and land
dedication comply with the requirements of both Chapter
19.56, Density Bonus, Chapter 19. 172, Below Market Rate
Housing Program; and implementing procedures and
policies adopted by the City Council regarding the required
number of affordable units, required level of affordability,
and term of affordability so as to provide the greatest
affordability to the most houseliolds for the longest term.
C. Unless otherwise governed by other funding
sources, to the extent consistent with fair housing laws,
preferences for the affordable units will be given as
specified in Chapter 19. 172, Below Market Rate Housing
Program, andiinpIementingproceduresandpoliciesadopted
by the City Council.
D. An agreement shall be entered into between the
developer and the City to ensure compliance with the
provisions of this chapter and state law and shall include,
without limitation the household type, number, location,
size, affordability, and eonstruction scheduling of all
affordable units, and such information as shall be required
by the City for the purpose of deterrnining the developer's
compliance with this chapter. For rental affordable very Iow
and low income units, the agreement shall additionally
contain, without limitation, provisions for certification of
tenant incomes, reporting and monitoring of affordable
units, and management and maintenance of affordable units.
E. The agreement shall be recorded against the
housing development prior to final or parcel map approval,
or, prior to issuance of any building permits, whichever
occurs first, and shall be binding on all future owners and
successors m mterest.
F. Affordable units in a project and phases of a
pro5ect shall be eonstructed concurrently with or prior to the
construction of market-rate units.
G. Affordable units shall be provided as foIlows:
1. Affordableunitsshallbedispersedthroughoutthe
project;
2.. Affordable units shall be identical with the design
of any market rate rental units in the pro3ect with tlie
exception that a reduction of interior amenities for
affordable units will be permitted upon prior approval by the
City Council as necessary to retain project affordability.
H. Prior to the rental or sale of any affordable unit,
the City or its designee, shall verify the eligibility of the
prospective tenant or buyer. All affordable units shall be
occupied by the household type that qualified the housing
development for the density bonus and incentives or
concessrons.
r. The City may establish fees for processing
applications under this chapter and recovery of costs
associated with the establishment and monitoring of
affordable units. (Ord. 16-2149, F3 8, 2016)
19.56.060 Application Requirenients.
A. An applicant may submit a preliniinary proposal
for horising development for a density l+onus and incentives
or coneessions prior to the subrnittal of any formal
appIication.
B. All requests pursuant to tliis Chapter shall be
subnntted to the City concurrently with the application for
the first discretionary permit or other permit required for the
housing development and shall be processed concurrently
wi.th the discretionary application following the review
process as set forth for permits in Chapter 19.12,
Administration, of the Cupertino Municipal Code
established by the City. The applicant shall provide
additional information as speeified in this chapter,
speeifieally:
1. A summary table showing the maximum number
of units permitted by the zoning and general plan excluding
any density bonus units, proposed affordable units by
2021 S-84
108C Density Bonus 19.56.060
income level, proposed bonus percentage, proposed number
of density bonus units, and total number of proposed
dwelling units on site;
2. A site plan, drawin to scale, showing the number
and location of all proposed units, designating the location
of proposed affordable units and density bonus units and the
type, size, and construction scheduling of affordable and
market-rate units;
3. For a housing development that replaces rental
housing on a site within the five-year period preceding the
date of an application:
a. A description and documentation of all dwelling
units existing On the site in the five-year period preceding
the date of submittal of the application and identification ota
any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, income and
household size of all residents of the occupied units. If any
dwelling units on the site were rented in tlie five-year period
but are not currently rented, the income and household size,
if known, of residents occupying dwelling units when the
site contained the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinaxice,
or law applicable to the site that restricted rents to levels
affordable to very low or lower income households in the
five-year period preceding the date of subrnittal of the
application.
4. If a density bonus is requested for a Iand
donation, the location of the land to be dedicated, proof of
site control, and evidence that each of the requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is
requested for a child care facility, evidence that all of the
requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or coxicession is
requested for a condominium conversion, evidence that all
of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various
incentives or concessions, waivers and reduction in
off-street parking standards requested;
8. To ensure that each incentive or concession
contributes significantly to the economic feasibility of the
proposed affordable liousing, for any incentive(s) or
concession(s) requested, the following shall be submitted:
a. A projeet finai'icial report (which may be ii'i the
[orm of a pro forma) demonstrating tliat the requested
incentive(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions to the
housing development and that they are required to provide
for affordable rents or affordable housing costs, as
applicable. The financial report shall include the eapital
eosts, operating expenses, return on investment,
loan-to-vaIlue ratio and the debt coverage ratio ineluding the
contribution(s) provided by any applicable subsidy
program(s);
b. An appraisal report indieating tlie value of the
density bonus and of the incentive(s) or concession(s); and
c. A use of funds statement identifying the financial
gaps for the housing development with the affordable
housing units. The analysis shall show how the funding gap
relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City
expects to incur in retaining eonsultant(s) and in
administeringconsultantcontract(s) toprovide apeerreview
of the above information. However, if the applicant is a
federally recognized nonprofit organization proposing a
housing deyelopment where all units (except manager's
unit(s)) are affordable to lower income households, the cost
of consultant(s) may be paid by the City upon prior approval
of the City Council;
9. For any requested waiver of a development
standard, plans showing tlie existing development standard,
the requested waiver and a demonstration that the
development staiidard for which the waiver is requested will
have the effect of physically precluding the construction of
the housing development witli the density bonus and
incentives or concessions that the applicaiit is entitled to.
10. tf a mixed use building or project is proposed as
an incentive or concession, evidence that non-residential
land uses will reduce the cost of the housing development
and that the non-residential laiid uses are compatible with tlie
development and the existing or planned development in the
area.
11. If a parking reduction is proposed, a table
showing parking otherwise required by the zoning ordinance
and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing
development is eligible for the requested parking reduction.
12. Any other information requested by the Director
of Community Development to determine if the required
findings can be made. (Ord. 16-2149, tj8, 2016)
19.56.070 Findings.
A. Before approving an application tliat includes a
request for a density bonus, incentive or concession, waiver
or reduction in parking standards, pursuant to this chapter,
the decision-making body shall determine that the proposal
is consistent with State Law by making the following
findings, as applicable:
1. That tlie housing development is eligible for the
density bonus requested and any incentives or concessions,
waivers or reductions in parking standards requested.
2016 S-58
19.56.070 Cupertino - Zoning 108D
2. That all the requirements included in Section
19.56.030C have beenmet, if the density bonus is based all
or in part on donation of land.
3. That all the requirements included in Section
19.56.030D have been met, if the density bonus or
incentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section
19.56. 030E have been met, if the density bonus or incentive
or concession is based on a condorninium conversion.
5. That the requested incentiye(s) or concession(s)
will result in identifiable, financially sufficient, and actual
(@Bl reductions based llpOn the financial analysis and
documentation provided by the applicant and the findings of
the peer-reviewer, if incentive(s) or concession(s) are
requested (other than mixed use development).
6. Thattheproposednon-residentiallanduseswithin
the proposed development will reduce the cost of the
housing development and are compatible with the housing
development and the existing or planned development in the
area where the proposed development will be located, if an
incentive or concession is requested for mixed use
development.
7. That the development staiidard(s) for uihicli the
waiyer(s) are requested would have the effect of physically
precluding the constniction of the housing development with
the density bonus and incentives or concessions permitted,
if a waiver is requested.
8. That all the applicable requiren'ients in Section
19.56.040C have been met, if a reduction in off-street
parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this
section, as applicable, can be made, the decision-making
body may deny an application for an incentive or concession
or waiver requested pursuant to Section 19.56.040 only if
one of the following written findings as applicable to each
type of application, supported by substantial eyidence:
1. Thattheincentiveoreoncession,orwaisierwould
have an adverse impact on real property listed in the
California Register of Historic Resources; or
2. That the incentive or concession, or waiver wouJd
have a specific, adverse impact upon public health or sdeff
or the physical environment, and there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse
impactwithoutrenderingthe residential projectunaffordable
to low and moderate income households. For the purpose of
this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, writtenpublic l'iealth or safety
standards, policies, or conditions as they existed on the date
that the application for the residential project was deemed
complete; or
3. That the incentive or concession, or waiver is
contrary to state or federal law.
C. Anapplicationforanincentiveorconcessionmay
also be denied if the decision-making body makes the written
finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide
for affordable housing costs or affordable rents.
D. If the findings required by subsection A. of this
section can be made, the decision-making body may deny an
applieation for a density bonus or incentive or concession
tliat is based on the provision of child care only if it makes
a written finding, based on substantial evidence, that the city
already l'ias adequate child care facilities (Ord. 16-2149,
§ 8, 2016)
19.56.080 Interpretation.
If any portion of this Chapter 19. 56 conflicts with State
Density Bonus Law (Government Code Section 65915 et
seq.) or other applicable state law, state law shall supersede
this Chapter. Auy ainbiguities in this section shall be
interpreted to be consistent with State Density Bonus Law.
All code references in this Cliapter include all successor
provisions .
(Ord. 21-2230, F§ 3, 2021)
2021 S-84
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),
8, 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 §§ 1.04.010 througli 1.04.060
(adds new 8, 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and 1.08.020) riglit of
entry for inspection; repeals and
readopts Ch. 1.09 (§§ 1.09.010 tlu'ough
1.09. 110) nuisance abatement; repeals
and readopts Ch. 1. 10 (% 1. 10.010
through 1.10.180) administrative
citations, fines, ai'id penalties; amends
Cli. 1. 12 title (General Penalty aiid
Criminal Enforcement), amends
8, 1.12.010 and !i 1. 12.020 and repeals
§ 1.12.030 (1.04, 1.08, 1.09, ].10,
1.12)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining perinit
(Not Codified)
Amends 8, 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dii pernuj.
(Not Codified)
Amends 83 2.88.100, duties-powers-
responsibilities (2.88)
Adopts § 2.20.120, electronic filing of
campaign staten"ients (2.20)
Amends FS, 11.24.150, parking
prohibited along certaiii 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,
1LO8.060, 11.08.070, 11.08.080,
11.08.090, 11.08.100, ll.08.ll0and
11. 08. 120, concerning regiilar meetings
of the City Council, concerning powers
ai'id duties of the City Manager,
concerning animals in city buildings,
concerning bicycle licensing and
registration, and concerning activities
prohibited in city parks (2..04, 2.28,
8.01, 11.08, 13.04)
Amends F3 3.37.040, minimum wage
(3.37)
Amends Ch. 2.40 title arid §§ 2.40.010,
2.40.025, 2.40.040, 2.40.050,
2.40.060, 2.40.080, and2.40.llO,
regarding emergency n'ianagement
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.i20, 6.24.150,
6.24. 160, 6.24. 170, and 6.24. 180,
regarding solid uiaste coll.ection (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,
i3.04)
Adds Ch. 2. 100, §§ 2. 100.010 through
2. 100. 180, regulation of lobbying
activities (2. 100)
Adds Title 17, enviroiunental
regulations, and Ch. 17.08,
§§ 17.08.010 through l7.08.040,
evaluation of transportation impacts
under CEQA (17.08)
Adds Ch. 19.102, §§ I9.102.010
through 19. 102.040, glass and lighting
standards; amends §§ 19.08.030,
19.40.060, 10.60.060, '[9.72.050, and
19. 124.040, to iniplement bird-safe and
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
Amends 8, 19.56.030 regarding density
bonuses (19.56)
2ml S-82
Cupertino - Comprehensive Ordinance List
Ord. No.
21-2227
21-2228
21-2229
21-2230
21-2231
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 concernii'ig
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(N@j (.r)dijai(xi)
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.I6.030,
concerning organic waste disposal
reduction (6.24, 9. 16)
2021 S-84
13 Index
FIREWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
variance conditions 16.52.061
Appeals, generally 16.52.030
Applicabilityofprovisions 16.52.011
Basis for establishing the areas of special flood
hazard 16.52.012
Compliance 16.52.013
Construction
materials and metliods 16.52.042
standards 16.52.040
Definitions 16.52.010
Development perinit 16.52.022
Elevation and floodproofing 16.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclaimer 16.52.016
Mariufactured homes, standards for 16.52.053
Recreational vehicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdiyisions and other proposed developn'ient,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warning and disclaimer of liability 16.52.016
FOOD EST ABLISHMENT
See RESTAURANT
FRANCHISE
Cable teleyision
See CABLE AND VIDEO SERWCES
California water service
designated 6.16.010
gross annual receipts, percentage payment t.o
eity 6.16.050
n'iaintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino garbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenanee requirements 6.08.030
terrn 6.08.040
Garbage
See GARBAGB
Gas
definitions 6.12.010
designated 6.12.020
granting authority 6. 12.070
gross receipts
percentage payn'ient to city 6. 12.050
total, report required 6. 12.060
maintenancereqriirements 6.12.030
term 6.12.040
Pacific Gas and Electric Cornpany
See Electricity
See Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Solid waste
See GARBAGE
-Water
See California water service
See.SanJose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
,See SPE(IAL GAS TAX STREET
IMPROVEMENT FUND
2021 S-81
Cupertino - Index 14
-G -
GARAGE, PATIO SALE
Definitions 5. 16.020
Enforcement 5.16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5. 16.030
Sign
See also SIGN
regulations generally 19.104.250
restrictions 5. 16.040
Violation
penalty 5.16.070
presumption 5. I6.041
GARBAGE
Administration, enforcement, regulations adoption
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recycling
charges for 6.24. 150
commencement, tinte lixnits 6.24.040
entitlement to collect for 6.24. 160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.020
Delinquent account
notification 6.24. 170
remedies for 6.24. 180
Disposal
explosive, hazardous materials 6.24. 100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24. 110
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling
mandatory edible food recovery 6.24.038
mandatory non-organic recycling for businesses
6.24.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recycling center, operation, use 6.24.190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASHS
GENERAL PENALTY AND CRIMINAL
ENFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GLASS AND LIGHTING ST ANDARDS
Appl.ieability of regulations 19. 102.020
Bird-safedevelopmentrequirements 19.102.030
Outdoor Iighting requirements 19. 102.040
Pui7ose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, penalty 10.60.090
2021 S-84
39 Index
Bus station, terminal
T zone 19.76.030
Business office
CG zone 19.60.030
Business service
CG zone 19.60.030
Cabinet shop
ML zone 19.64.020
Carpenter shop
ML zone 19.64.020
Caterer
ML zone 19.64.020
Cemetery
A-1 zone 19.20.020
A zone 19.20.020
CG zone
applicability of provisions 19.60.02.0
conditional uses 19.60.030
desigi'iated 19.16.010
development standards 19.60.060
excluded uses 19.60.030
land use activity 19.60.050
pern'ffts required for development 19.60.040
permitteduses 19.60.030
purpose 19.60.010
Child day care facility
BQ zone 19.76.030
CG zone 19.60.030
R-3 zone 19.20.020
Churehes, existing
ML-rc zone 19.64.020
Civic organization
BQ zone 19.76.030
Club
BQ zone 19.76.030
CG zone 19.60.030
Coal sales
ML zone 19.64.020
Cold storage facilities
ML zone 19.64.020
ML-re zone 19.64.020
Columbarium
A-1 zone 19.20.020
A zone 19.20.020
Commercial photography
ML-rc zone 19.64.020
Communication structures
A-1 zone 19.20.020
A zone 19.20.020
Con'ipetition and tournament facilities
FP zone 19.84.020
Compliance with provisions required 19.04.030
Conditional use permit, variaiice, development
permits application conditional yise permit or
variance 19. 156.m0
developmentpermit 19.156.010
approval authority 19.156.030
change of use 19. 156.070
conditional use permit 19. 156.040
expansion or modification of permits
conditionaluse 19.156.060
planneddevelopment 19.156.060
findings and conditions
coxiditional use permit 19. (56.040
planned development permit 19. 156.040
variances 19.156.050
plaiu'ied development permit 19. 156.040
variances 19.156.050
Conditional uses
BA zone 19.76.030
BQ zorie 19.-/6.030
CG zone 19.60.030
expansioxi 19.156.060
FP zone 19.96.040
ML zone 19.64.020
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.68.030
OP zone J9.68.030
OS zone 19.88.020
P zone 19.80.030
PR zone 19.92.020
Rl zone 19.28.030
RIC zone 19.44.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
T zone 19.76.030
Conflict of provisions 19.04.040
Congregate residenee
A-l zone 19.20.020
A zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-I zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Convenience markets
CG zone 19.60.030
Conversion, apartment to cornrnunity housing
applicability of provisions 19.116.020
2012 S-31
Cupertino - .[ndex 40
application
procedures 19.116.060
requirements 19. 116.050
parking 19.116.040
purpose 19.116.010
regulations generally 19.I16.030
Crematory
A-1 zone 19.20.020
A zone 19.20.020
Crops
A-1 zone 19.20.020
A zone 19.20.020
RHS zone 19.20.020
Culverts
OS zone 19.84.020
Dairy processmg
A-1 zone 19.20.020
A zone 19.20.020
Daiicehall
FP zone 19.84.020
Dance instniction
FP zone 19.84.020
Day care home, large family
A-1 zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Day care home, small family
A zone 19.20.020
Rl zone 19.20.020
RIC zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Deck, second story
See Accessory building, structure
Definitions
applicability, pui'pose of provisions 19.08.010
construction of provisions 19.08.020
Cupertino Standard Detail 7-2: Corner TriangJe
- Controlled Intersections, Ch. 19.08,
Appendix A
Cupertino Standard Detail 7-4: Corner Triangle
- Uncontrolled Intersections, Ch. 19.08,
Appendix B
Cupertino Standard Detail 7-6: Sidewalk Site
Triangle (Sidewalk Clearance at
Driveways), Ch. 19.08,
Appendix C
designated 19.08.030
Examples of How to Measure Sign Area, Ch.
19.08, Appendix D
Delivery ser'vice
ML zone 19.64.020
ML-rc zone 19.64.020
Density bonus
application requirements 19.56.060
concessions 15.56.040
density bonus 19.56.030
eligibility for density bonus 19.56.020
findings 19.56.070
incentiyes or concessions, waivers and
reduetion of parking standards 19.56.040
interpretation, 19.56.080
purpose 19.56.010
requirements generally 19-.56.050
Development agreement
application
contents 19.144.070
form 19.144.060
qualificationrequired 19.144.050
authorityofprovisions 19.144.030
caxicellation
city 19. 144.200
mutual consent 19. 144. 190
rights 19. 144.210
construction of provisions 1.9. 144.250
effect 19. 144.240
execution, recordation 19. J44.260
findings of fact, intent of provisions 19. 144.010
judicial review; time limitation 19. 144.270
hearing
appeal of determination 19. 144. 170
compliance; appeal 19.144.150
findings 1914-4.110
generally 19. 144.090
irregularity in proceeding 19. 144. 120
noncompliance; appeal 19.l44.l60
plans, consistency with
general 19.144.080
specific 19.144.080
purposeof 19.144.020
review, time for and initiation of 19. 144. 140
rules affecting 19. 144.220
separate procedure 19. 144.230
Districts
applicability of provisions 19. 16.060
designated 19. 16.010
reference 19.16.020
Drainage ditches
OS zone 19.84.020
Drinking establishments
CG zone 19.60.030
Drive-in theaters
ML zone 19.64.020
Drive-through facilities
CG zone 19.60.030
2021 S-84
. .1
CUPERTINO, CALIFORNIA
Instruction Sheet
2021 S-84 Supplement
REMOVE OLD PAGES
Title Page
INSERT NEW PAGES
Title Page
11 through 16B
TITLE 6: FRANCHISES
II through 16L
TITLE 9: HE.AJ,'T'H AND SANIT ATION
34B-1, 34B-2 34B-1, 34B-2
TITLE 14: S'TREETS, SIDEWALKS AND LANDSCAPING
37,38 37,38
105 through 108D
Tn'LE t9: ZONING
'105 through 108D
47, 4.8
COMPREHENSIVE ORDINANCE LIST
47, 48
13, 14
39, 40
INDEX
13, 14
39, 40
PMcA
ll/2021
CITY OF CUPERTINO, CALIFORNIA
MUNiCiPAL CODE
S-84 Supplement contains:
Local legislation current through Ordinance 21-2231, passed 10-19-2021
COPYRIGHT @ 2021
AMERICAN LEGAL PUBLJSHING CORPORATION
6.24.010
CHAPTER 6.24: GARBAGE, NON-ORGANIC RECYCLING AND OROANIC WASTE
RECYCLING COLLECTION AA'D DISPOSAL
Section
6.24.010
6.24.020
6.24.030
6.24.031
6.24.035
6.24.037
6.24.038
6.24.040
6.24.050
6.24.060
6.24.070
6.24.080
6.24.090
6.24. 100
6.24.110
6.24. 120
6.24. 150
6.24. 160
6.24.170
6.24. 180
6.24.190
6.24.200
6.24.210
6.24.220
6.24.230
6.24.240
Purpose of chapter.
Definitions.
MalldaTOr}' SOlld \i'aSTe CO'leCf!01'- Ser .'3Ce -
owner responsibility.
Mandatory solid waste collection service -
exemption procedures.
Maiidatory non-organic recycling for
businesses.
Mandatory organic waste disposal
reduction.
Mandatory edible food recovery.
Commencement of solid waste collection
service.
Frequency of disposal.
Method of garbage, organic waste and
non-orgainc recyclables disposal.
Garbage, organic waste aiid non-orgariic
recyclables containers.
Inappropriate contaiixers.
Burning restrictions.
Disposal of explosive or hazardous
material restrictions.
Unauthorized disposal prohibited.
Franchise granting autliority.
Cliarges for solid waste collection service.
Entitlement to collect for solid waste
collection service.
Notification of delinquency.
Remedies for delinquent account.
Recycle centers.
Unauthorized solid waste collection.
Interfering with solid uiaste collection
service.
Unauthorized use of solid waste collection
SerVICe.
Rules and regulations adopted.
Violation-Penalty.
6.24.010 Purpose of Chapter.
A. This chapter is determined and declared to be a
health, sanitary and safety measure necessary for the
promotion, protection and preservation of the health, safety
and general welfare of the people of the City of Cupertino.
B. TheCityisrequiredtocomplywiththeapplicable
provisions of Assembly Bill 939, the California Integrated
Waste Management Act (Sher, Chapter 1095, Statutes of
1989, as amended) ("AB 939"). AB 939 requires that by and
after January 1, 2000, fifty percent (50%) of the solid waste
generated must be diverted through some source reduction,
recycling, and composting activities.
C. Assembly Bill 341 (Chesbro, Chapter 476,
Statutes of 2011) places requirements on businesses and
muRi-family generators that generate a specified keshold
amount of solid waste to arrange for recycling services and
requires jurisdictions to implement amandatory commercial
recycling program.
D. Assembly Bill 1826 (Chesbro, Chapter 727,
Statutes of 2014) requires businesses and multi-family
generators that generate a specified threshold amount of
solid waste, non-organic recyclables, and organic waste per
week to arrange for recycling services for those materials,
requires jurisdictions to implement a recycling program to
divert organic waste from businesses subject to the law, and
requires jurisdictions to implement amandatory commercial
organic waste recycling program,
E. Senate Bill 1383, the Short-lived Climate
Pollutant Reduction Act of 2016 (Lara, Chapter 395,
Statutes of 2016) ("SB 1383"), sets statewide organic waste
disposal reduction targets of fifty percent (50%) by 2020 and
seventy-five percent (75%) by 2025, based on the 2014
organics waste disposal baseline. SB 1383's implementing
regulations place requirements onmultiple entities including
jurisdictions, residentialhouseholds, commercial businesses
and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food
recovery services to support achievement of statewide
organic waste disposal reduction targets. SB 1383's
implementing regulations require jurisdictions to adopt and
enforce an ordinance or other enforceable mechanism to
implement relevant provisions of SB 1383's implementing
regulations.
2021 S-84 J 1
6.24.010 Cupertino - Franchises 12
F. The City has coordinated with the County of
Santa Clara and other jurisdictions in the county to develop
uniform provisions for the portions of this chapter
addressing edible food recovery. The City has determined
that this coordination will simplify compliance for
commercial businesses, promote food recovery in the City,
and facilitate edible food recovery capacit5r planning.
G. Pursuant to 14 California Code of Regulations
Section 18981.2, jurisdictions may delegate certain
responsibilities for implementing, monitoring, andenforcing
their edible food recovery programs to public or private
entities.
H. ThischapterwillaidtheCityinmeetingthegoals
and requirements of AB 939, Assembly Bill 341, Assembly
BiIl 1826, SB 1383 and its implementing regulations, and
related laws; aid in preservrmg landfill space and postponing
the need for new landfill capacity for the longest term
possible; reduce the amount of solid waste deposited in
landfills from commercial and residential generators; and
reduce food insecurity.
I. The City may adopt, implement, and enforce a
local solidwaste recyclingrequirement thatis more stringent
orcomprehensivethanstatelaw. (Ord. 21-2231, § 1,20)!1;
Ord. 20-2218, § 1, 2021; Ord. 15-2130, § 1 (part), 2015;
Ord. 2069, § 1 (part), 2010; Ord. 1572, e) 1 (part), 1991)
6.24.020 Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise:
1. "Back-haul" means a commercial business
generating and transporting source separated recyclable
materials and/or source separated green container organic
waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as
otherwise defined in 14 California Code of Regulations
Section 18982(a)(66)(A).
2. "Blue container" has the same meaning as in 14
California Code of Regulations Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of
source separated recyclable materials.
3. "Business"or"commercial"meansacommercial
or public entity, including, but not limited to, a firm,
partnership, proprietorship, joint stock company,
corporation, or association that is organized as a for-profit
entity or non-profit entity, or a multi-family residential
property with five (5) or more dwelling units.
4. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
5. "City" means and includes all the territory lying
within the municipal boundaries of the City of Cupertino as
presently existing, plus all territory which may be added
thereto during the effective term of the ordinanee codified
herein.
6. "Collection station" means the location at which
containers of garbage, non-organic recyclables and organic
waste are placed for collection by the solid waste collector.
For businesses, collection station is typically the garbage
and recycling area enclosure. For multi-family residential
properties with less than five (5) dwelling units and other
residential structures, the collection station is typically the
street side of the concrete curb immediately adjacent to the
residence where curb and gutter exists or where no curb and
gutter exists, the edge of asphalt immediately adjacent to the
residence.
7. "Commercial edible food generator" includes a
tier one or a tier tviiO commercial edible food generator. For
tl"ie purposes of this definition, food recovery organizations
and food recovery services are not commercial edible food
generators pursuant to 14 California Code of Regulations
Section 18982(a)(7).
8. "Community composting" means any activity that
composts green material, agricultural material, food
material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost
on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 California Code of
Regulations Section 17855(a)(4) ; or, as otherwise defined by
14 California Code of Regulations Section 18982(a)(8).
9. "Compliance review" meaiis a review of records
by the City and/or its designee to determine compliance with
this chapter.
10. "Compost" meaiis tlie product resulting from tbe
controlled biological decomposition of organic solid waste
that is source separated from the municipal solid waste
strean'i, or which is separated at a centralized faeility, or as
otherwise defined in 14 California Code of Regulations
Section 17896.2(a%4).
11. "CompostabIe plastic bags" means orffy such
plastic bags that meet The BPI-certified ASTM D6400
standard for compostability, or such bags that are approved
by the City for placement in the green container.
12. "Construction aiid demolition debris" or "C&D
debris" means materials resulting from the eonstniction,
remodeling, or demolition of buildings and other structures.
"Construction and demolition debris" includes, but is not
limited to, concrete, asphalt, rock and dirt related to
construction, remodeling, repair, or demolition operations
and is subject to the provisions of Chapter 16.72.
13. "Container contamination" means a container,
regardless of eolor, that contains prohibited container
contaminants, or as otherwise defined in 14 California Code
of Regulations Section 18982(a)(55).
2021 S-84
13 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24,020
14. "Debris box service" means collection service in
containers without compaction that have a capacity of eight
(8) cubic yards or more. Debris boxes may be used for the
collection of non-organic recyclables and organic waste, or
garbage, and may be used for construction and demolition
debris that may or may not be intended for filll or partial
recycling or other waste diversion.
15. "Delinquent" means a failure of the recipient of
solid waste collection service to pay when due all charges
owed to the solid waste collector for solid waste collection
service rendered or to be rendered.
16. "Department" means any departn'ient of the City,
the r;40llpl3r t3 Saxxta Clara, Or and nther public agency
designated by the City to enforce or administer this chapter,
as authorized in 14 California Code of Regulations Section
18981 .2!.
17. "Designee"meansanentitythattheCitycontracts
with or otherwise arranges to carry out or assist with any of
the City's responsibilities for compliance with solid waste-
related laws or regulations or administration or enforcement
of this chapter as authorized in 14 California Code of
Regulatioxis Section 18981.2. A designee may be a
government entity, a l'iauler, a private entity, or a
combination of those entities.
18. "Director" means the Director of Public Works
and their duly authorized agents and representatives.
19. "Dwelling" n-ieans a residence, flat, duplex,
apartment, townhouse, condoininium or other facili.ty used
for housing one or more persons.
20. "Edible food" means food intended for human
consumption, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%l8). For the purposes of
this chapter, "edible food" is not solid waste if it is
recoyered and not discarded. Nothing in tliis chapter
requires or authorizes the recovery of edilzle food that does
not meet the food safety requiren-ients of the California
Retail Food Code.
21. "Enforcement officer" has the same meaniiig as
in Section 1. 10.020 of this code.
22. "Equipment" means a debris box or debris bin
and vehicles used to transport debris boxes or bins.
23. "Excluded waste" means hazardous n'iaterials,
infectious waste, designated waste, volatile, corrosive,
medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), wliich
receive materials from the City and its generators,
reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the
facility by permit eonditions, waste that in the City's and/or
its designee's reasonable opinion would present a sigriificant
risk to human health or the environment, cause a nuisance
or otherwise create or expose the City and/or its designee to
potential liability; but not including de rninirnis volumes or
concentrations of waste of a type and amount normally
found in single-family or multi-family solid waste after
implementation of programs for the safe collection,
processing, re.cycling, treatment, and disposal of batteries
and paint in compliance with Sections 41500 and 41802 of
tlie California Public Resources Code.
24. "Finance Director" means the Finance Director
and their duly authorized agents and representatives.
25. "Food distributor" means a busiixess that
distributes food to entities including, but not limited to,
supermarkets and grocery stores, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(2'2.).
26. "Food facility" has the same meaning as in
Sectioxi 113789 of the Health and Safety Code.
27. "Food recovery" means actions to collect and
distribute food for human consumption which otherwise
would be disposed, or as otherwise defined in 14 California
Code of Regulations Section 18982(a)(24).
28. "Food recovery organization" means an entity
that engages in the collection or receipt of edible food from
coinmercial edible food generators and distributes that edible
food to the public for food recovery either directly or
tlirough other entities. "Food recovery organization"
includes, but is not liinited to: (a) a food bank as defined in
Section 113783 of the Health and Safety Code; (b) a
nonprofit charitable organization as defined in Section
113841 of the Health and Safety code; and, (c) a nonprofit
cl'iaritable ternporary food facility as defined in Section
113842 of the Health and Safety Code. A food recovery
organization is not a eon'irnercial edible food generator for
the purposes of tl-iis chapter pursuant to 14 California Code
of Regulations Section 18982(a%7). If the definition in 14
California Code of Regulations Section 18982(a%25) for
food recovery organization differs from this definition, the
definition in 14 California Code of Regulation Section
1 8982(a)(25) shaIll apply to this cliapter.
2 9. "Foodrecoveryservice"meansapersonorentity
tl"iat collects and transports edible food from a commercial
edible food generator to a food recovery organization or
other entities for food recovery, or as otherwise defined in
14 California Code of Regulations Section 18982(a%26). A
food recovery service is not a con'unercial edible food
generator.
30. "Food scraps" means all food sucli as, but not
linuted to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food scraps excludes fats, oils, and grease when
such materials are source separated from other food scraps.
31. "Food service provider" means an entity
primarily engaged in providing food services to institutional
2021 S-84
6.24.020 Cupertino - Franchises 14
governmental, commercial, or industrial locations of others
based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%27).
32. "Food-soiled paper" is compostable paper
materiaI that has come in contact witl'i food or liquid, such
as, but not limited to, uncoated paper plates, napkins, paper
towels, and pizza boxes.
33. "Food Waste" n'ieans food scraps, food-soiled
paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or
objects that are discarded, including but not restricted to,
materials, svbstari-ees or objec.ts c.omrnoniy referred to as
"trash," "garbage," "refuse" and "rubbish" that are
produced, generated or accumulated by all residential,
commercial, industrial, instiiutional, municipal, agricultural
and other inhabitants, pren'nses and activities witliin the
City, the collecti.on of which is regulated through tbe
franchise agreement existing between the City and the
authorized solid waste collector; provided, however, that
"garbage" does not include (a) hazardous materials, (b) non-
organic recyclable materials, (c) orgai'ffc waste, (d) clear
plastic bags when used to contain organic waste to be
recycled, (e) construction and demolition debris, (f)
biomedical waste, (g) ash, aiid (h) sewage aixd other highly
diluted water-carried materials or substances and those in
gaseous form. Except in residentiaI dwellings, if the
material is placed in a plastic bag, trie bag must only be
clear plastic.
35. "Gray eontainer" has the same meaning as in ] 4
California Code of Regulations Section 18982.2(a)(28), and
which may be colored gray or black, and shall be used for
the pui'pose of storage and collectiori of gray container
waste.
36. "Gray container waste" means solid waste that is
collected in a gray container that is part of a three-container
collection service that prohibits the placement of organic
waste in the gray container as specified in 14 California
Code of Regulations Sections 18984.1(a) and (b), or as
otherwise defined in 14 California Code of Regulations
Section 17402(a)(6.5).
37. "Green eontainer" has the same meaning as in 14
California Code of Regulations Section 18982.2(a%29) and
shall be used for the purpose of storage and collection of
source separated green container organic waste.
38. "Grocerystore"meansastoreprimarilyengaged
in the retail sale of canned food; dry goods; fresh fniits and
vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(30).
39. "Hauler route" means the designated itirierary or
sequence of stops for each segment of the City's collection
service area, or as otherwise defined in 14 California Code
of Regulations Section 18982(a%31.5).
40. "Hazardous materiaIls" means any or a
combination of materials which because of their quantity,
concentration, or physical, chemical or infectious
characteristics may either: (a) cause or significantly
contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness; or
(b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous
materials include, but are not limited to, hazardous wastes
as defined under California or United States law or any
regulationspromulgatedpursuanttosuchlaws, andalltoxic,
radioactive, biologically infectious, explosive or flammable
waste materiats, including any material defined in Section
9. 12.020 of the Cupertino City Code for which a l'iazardous
n'iaterials storage permit is required.
41. "Health facility" has the same meaning as in
Section 1250 of the Health and Safety Code.
42. "Hotel"hasthesarnemeaningasinSectionl7210
of the Business and Professions Code.
43. "Inspect" or "inspection" means m enforcement
officer's, tlie department's and/or a designee's electronic or
on-site visit and review of records, containers, and an
entity's collection, handling, recycling, Or landfill disposal
of organic waste or edible food handling to determine if the
entity is complying with requirements set forth in this
chapter, or as otherwise defined iii 14 California Code of
Regulations Section 18982(a)(35).
44. "Large event" means an event, including, but not
limited to, a sporting event or a flea market, that cliarges aii
admission price, or is operated by a local agency, and serves
an average of n'iore than two tho'i.isand (2,000) individuals
per day of operation of the event, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned
park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14
California Code of Regulations Section 18982(a)(38) for
large event differs from this definition, the definition in 14
California Code of Regulations Section 18982(a)(38) shall
apply to this chapter.
45. "Largevenue"meansapermanentvenuefaeility
that annually seats or serves an average of more thari two
thousand (2,000) individuals within the grounds of the
facility per day ojoperation of the venue facility. A venue
facility includes, but is not limited to, a public, non-profit,
or privately owned or operated stadium, ainphitheater
arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetraek, liorse track, perforrniixg
2021 S-84
15 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
arts center, fairground, museum, theater, or other public
attraction facility. A site under COffllOIl ownership or
control that includes more than one large venue that is
contiguous with other large venues in the site, is a single
large venue. If the definition in 14 California Code of
Regulations Section 18982(a)(39) for large venue differs
from this definition, the definition in 14 California Code of
Regulations Section 18982(a)(39) shall apply to this chapter.
46. "Litter" means, but is not limited to, plastic,
paper, cigarette butts, floor sweepiiigs, trash, rubbish, food,
cloth, metal, recyclable n-iaterial, or uiaste matter of
whatever character.
47. "B ccal ediication agenC"" nleailS a sc.hooldistrict,
charter school, or county office of education that is not
subject to the control of the City or county regulations
related to solid waste, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(40).
48. "Multi-unitresidentialproperty" or "multi-family
residential property" or "multi-family" means anti premises,
excluding a hotel, motel, or lodging house, used for
residential purposes containiiig five (5) dwelling units or
more, irrespective of whether the residency is transient,
temporary or permanent.
49. "Non-compostable paper" includes, but is not
limited to, paper that is coated in a plastic n"iaterial that will
not break down in tlie composting process, or as otherwise
defined in 14 California Code of Regulations .Section
18982(a%41).
50. "Non-local entity" means an entity tl-iat is aii
organic waste generator but is not subject to tlie control of
the City or eounty regulations related to solid waste. These
entities may include, but are not limited to, special districts,
federal facilities, prisons, facilities operated by tlie state
parks systeni, public universities, including community
colleges, county fairgrounds, and state agencies.
51. "Non-organic recyclables" or "non-organic
recyclable material" mean those materials that cm be
returned to economic use as raw materials for new, reused
or reconstituted products, which prior to collection are
separated by the generator from other material treated as
solid uiaste. Examples of non-organic recyclables include,
but are xiot limited to: newspaper, cans, corrugated
cardboard, glass, certain types of plastic, metals, wood and
automobile oil. "Mixed non-organic recyclables" means
more than one type of non-organic recyclable materiaI
comrnjngled in a bin, debris box, compactor or other type of
container. This material includes, but is not lin'ffted to wood,
paper, plastic, metals, glass, and other recyclable materials
other than organic waste. The material must not contain
more than five percent (5 %) by volume garbage and organic
waste.
52. "Nonresidential premises" means all premises
except residential premises, including but not. restricted to
premises used for industrial, commercial, administrative and
professional offices, public and quasi-publie buildings,
utility and transportation.
53. "Notice of violation" means a notice that a
violation has oceurred that includes a compliance date to
avoid an action to seek penalties, or as otherwise defined in
14 California Code of Regulations Section 18982(a)(45) or
further explained in 14 California Code of Regulations
Section 18995.4.
54. "Occupancy"; "occupied": Premises are
"occupied" when a person or persons take or hold
possession of the premises for permanent or temporary use.
For the purposes of deterrnining whether a premises is
occupied during periods when solid waste collection service
is made available to sueli premises, occupancy sliall be
presumed unless evidenee is presented that gas, electric,
telephone and water utiliiy services were not being provided
to the premises during sueh periods.
55. "Organic waste" means solid waste containing
material originated from living organisms and their
metaL+olic waste products, iiicluding but not lirnited to food,
green material, landscape and pruniiig waste, organic
textiles and carpets, lumber, uiood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges
or as otherwise defined inl4 California Code of Regulations
Section 18982(a%46). Biosolids and digestate are as defined
by 14 California Code of Regulations Section 18982(a). The
material must not contain in excess of 5% by volume
garbage or non-organic recyclable materials. '[n residential
dwelliiigs, if the material is placed in a plastic bag, the bag
must only be a compostable plastic bag. [n comn'iercial
properties or multi-family residential properties, if the
material is placed iix a plastic bag, the bag must be clear
plastic or a compostable plastic bag.
56. "Organic waste generator" n'ieans a person or
entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 California Code of
Regulations Section 18982(a%48).
57. "Owner"meanstheholderorholdersoflegaltitle
to tlie real property constituting the premises to which solid
waste collection service is provided.
58. "Paper products" include, but are not limited to,
paper janitorial supplies, eartons, wrapping, packaging, file
folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 California Code of
Regulations Section 18982(a%51).
59. "Person" includes any person, firm, association,
organization, partnership, business tnist, joint venture,
corporation, or company, and includes the United States, the
State of California, the County of Santa Clara, speeial
purpose districts, and any officer or agency thereof.
2021 S-84
6.24.020 Cupertino - Franchises 16
60. "Premises"meansanyland,buildingorstnicture,
or portion thereof, within the City where any solid waste is
produced, kept, deposited, placed or accumulated.
61. "Printing and writing paper" includes, but is not
limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove
envelopes, manilaenvelopes, bookpaper, notepads, writing
tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined m 14
California Code of Regulations Section 18982(a%54).
62. "Prohibited container contarninants" means the
10ll@lliBg; (H) discarded materia2s placed ln the blue
contaiixer that are not identified as acceptable source
separated recyclable materials for the City's blue container;
(ii) discarded materials placed in the green container that are
not identified as acceptable source separated green container
organic waste for the City's green container; (iii) discarded
materials placed in the gray container that are acceptable
source separated recyelable materials and/or source
separated green container organic waste to be placed in the
City's green container and/or blue container; and (iv)
excluded waste placed in any container.
63. "Recovery" meaiis any activity or process
described in 14 California Code of Regulations Section
18983. 1(b), or as otherwise defined in 14 California Code
of Regulations Section ]8982(a%49).
64. "Remote n'ionitoring" means the use of the
internet of things (IoT) and/or wireless electronic devices to
identify the types of materials in commercial businesses'
blue containers, green containers, and gray containers for
purposes of identifying the quantity of materials in
containers (level of fill) aiid/or presence of prohibited
container contaminants. Remote monitoring may involve
installation of remote monitoring equipment on or in
commercial businesses' blue containers, green containers,
and gray containers. A remote monitoring program may be
implemented by the City, its designee, and/or a coimnercial
business at a later date, consistent with the terms of this
chapter. Remote moi'iitoring is not expected to be used for
any residential pren'iises.
65. "Residentialprernises" or "residential" rneans any
single-unit dwelling or multi-unit residential property.
66. "Restaurant" means an establishment primarily
engaged in the retail sale of food and drinks for on-pren'iises
or immediate consumption, or as otherwise defined in 14
California Code of Regulations Section 18982(a)(64).
67. "Route review" means a visual inspection of
containers along a hauler route for the purpose of
determining container contamination, and may include
mechanical or electronic inspection methods such as the use
of cameras, or as otherwise defined in 14 California Code.
of Regulations Section 18982(a)(65).
68. "ShareTable"hasthesamemeaningasinSection
114079 of 'a'ie Health and Safeff Code.
69. "Single-stream recycling" means a recycling
program in which generators place multiple types of
recoverable materials in a single container that is designated
specifically for recyclables and is taken to a material
recovery facility for processing.
70. "Single-unit dwelling" or "single-family
dwelling" or "single-farnily" means one or more rooms and
a single kitchen, designed for occupancy by one family for
residential purposes. Each dwelling unit within a
condominium project, duplex, townhouse project or
apartment, and each second unit located within a
single-family residential zoning district, shall constitute a
separate single-unit dwelling to which solid waste collection
service is provided, unless the owner or occupants thereof
arrange for solid waste collection service to be provided to
all dwelling units upon the premises at con'irnercial rates.
71. "Solidwaste"hasthesamemeaningasdefinedin
California Public Resources Code Section 40191, and
generally means all items of solid waste including, but not
limited to garbage, non-organic recyclables, organic waste
and hazardous materials eligible for collection.
72. "Solid waste collector" means any person or
eritity authorized by the franchise agreement between the
Franchisee and the City, in accordance with Section
6.24.120 of this chapter, to collect, receive, carry,
I-raiisport, process and dispose of any garbage, non-organ.ie
recyclables, organic waste and hazardous materials eligible
for collection, produced, kept or accumulated within the
City.
73. "Solid waste collection service" means the
collectiorr, transportation and disposal of garbage, organic
waste, non-organic recyclables and hazardous materials
eligible for collection by an authorized solid waste collector.
74. "SourceSeparated"meansmaterialsthat,priorto
collection, are or have been separated or segregated by their
generator as to type or category of source material and are
or have been placed into separate contaiiiers according to
type or category, i.e. all metal is separated from other
reeyclables and placed in its own separate container or
separate debris box.
75. "Source separated blue container organic waste"
means source separated organic waste that can be placed iih
a blue container that is limited to the collection of those
organic waste and non-organic recyclables as defined in 14
California Code of Regulations Section 18982(a%43), or as
otherwise defined by 14 California Code of Regulations
.Section 17402(a)(18.7).
76. "Sourceseparatedgreencontainerorganicwaste"
means source separated organic waste that cm be placed in
a green container that is liinited to collection of organic
vvaste by the generator, excluding source separated blue
l,,l a
2021 S-84
16A Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.020
container organic waste, carpets, non-compostable paper,
textiles, and manure.
77. "Source separated recyclable materials" means
source separated non-organic recyelables and source
separated blue container organic waste.
78. "Supermarket" means a full-line, self-service
retail store with gross annual sales of two million dollars
($2,000,000), or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some
perishable items, or as otherwise defined iii 14 California
Code of Regulations Section 18982(a)(71).
79. "Tenant"meansanypersonorpersons,otherthari
the cwner, cccup)ring cr in pcssession of a premises.
80. "Tier one commercial edible food generator"
means the following: (a) supermarkets; (b) grocery stores
with a total facility size equal to or greater than 10,000
square feet; (c) food service providers; (d) food distributors;
and (e) wholesale food vendors. If ilie definition in 14
California Code of Regulations Section 18982(a)(73) of tier
one commercial edible food generator differs from this
definition, the defii'fftion in 14 California Code of
Regulations Section 18982(a)(73) shall apply to this chapter.
For the purposes of this chapter, food recovery
organizations and food recovery services are not tier one
commercial edible food generators.
81. "Tier hvo conunercial edible food generator"
means the following: (a) restaurants with two hundred fifty
(250) or more seats or a total facility size equal to or greater
than five thousand (5,000) square feet; (b) hotels with an
on-site food facility and two hundred (200) or more rooms;
(c) health facilities witli an on-site food facility and one
hundted (100) or more beds; (d) large yenues; (e) large
events; (f) state agencies with a cafeteria svith two hundred
fifty (250) or more seats or total cafeteria facility size equal
to or greater than five thousand (5,000) square feet; and (g)
local education agency facilities with on-site food facilities.
If the definition in 14 California Code of Regulations
Section 18982(a)(74) of tier two commercial edible food
generator differs from this definition, the definition in 14
California Code of Regulations Section 18982(a%74) shall
apply to this chapter. Non-local entities that operate a
facility that meets this definition are tier two commercial
edible food generators. For the purposes of this cliapter,
food recoyety organizations aixd food recovery services are
not tier two commercial edible food gex'ierators.
82. "Wholesale food vendor" means a business or
establishment engaged in the merehant wholesale distribution
of food, where food (iiicluding fruits and vegetables) is
received, shipped, stored, prepared for distribution to a
retailer, uiarehouse, distributor, or other destination, or as
otherwise defined in 14 California Code of Regulations
Section 189852(a)(76). (Ord. 21-2231, § 1, 2021; Ord.
20-2218, § 2, 2021; Ord. 15-2130, § I (part), 2015; Ord.
2094, 8, 1, 2012; Ord. 2069, § I (part), 2010; Ord. 1572,
§ 1 (part), 1991)
6.24.030 Mandatory Solid Waste Collection Service -
Owner Responsibfflty.
A. The owner of each occupied residential or
nonresidential premises shall subscribe to and pay for at
least the minimum level of solid waste collection service
made available to that premises by the solid waste collector,
as specified in the franchise agreement between the city and
the solid waste collector executed pursuant to Section
6.24.120 of this Chapter or obtain an exemption under
Section 6.24.031 below. The owner of each occupied
residential or nonresidential premises shall subscribe to and
pay for a level of service sufficient to provide for the
collection of all solid waste generated on the premises.
Customers at non-residential premises must subscribe to
services on a regular weekly basis sufficient to prevent
container or bin overages and, where necessary, to extra
services to prevent overages. Nonresidential customers'
solid waste, if bagged, shall be in clear plastic bags.
B. The charges for solid waste collection service
rendered or made available shall be paid for all periods of
time during which the premises are occupied, regardless of
whether or not the owner or tenant has any solid waste to be
collected on any particular collection date during such
occupancy. Occupancyshallbepresumedunlessevideneeis
presented that gas, electric, telephone and water utility
services were not being provided to the premises during
such periods. Nothing in this section is intended to prevent
an arrangement, or the continuance of an arrangement,
under which payments for solid waste collection service are
made by a tenant or tenants, or any agent or other person,
on behalf of the owner. However, any such arrangement
will not affect the solid waste collection service recipient's
obligation to pay for solid waste collection service as
provided herein. (Ord. 20-2218, § 3, 2021; Ord. 15-2130,
8, 1 (part), 2015; Ord. 2069, '} 1 (part), 2010; Ord. 1572,
§ 1 (part), 1991)
6.24.031 Mandatory Solid Waste Collection Service -
Exemption Procedures
An owner may obtain an exemption from the
mandatory solid waste collection service in section 6.24.030
tbrough the following process:
A. An owner may apply to the Director for an
exemption from this section if (a) the applicable premises
2021 S-84
6.24.031 Cupertino - Franchises 16B
has been vacant and has not generated or accumulated any
solid waste for the previous sixty days, and (b) will continue
to be vacant for the foreseeable fumre.
B. Application for a vacancy exemption must be
made on the form provided by the city and submitted to the
Director for review and a determination as to the eligibility
in accordance with the city's vacancy exemption policy.
C. An exemption and any extension of such
exemption may be for a period of not more than one
hundred eighty days. (Ord. 15-2130, § 1 (part), 2015)
6.24.035 Mandatory Non-Organic Recycling for
Businesses.
A. The owner or tenant designees of multi-family
dwelling premises are required to subscribe to and maintain
mandatory non-organic residential recycling services for
eachindividualhouseholdinthedwelling. Anexceptionmay
be granted at the discretion of the Director if it is
determined there is not sufficient storage space for the
containers at the multi-family dwelling premises.
B. All businesses are required to subscribe to and
maintain mpdatory non-organic recycling services if such
businesses generate greater than or equal to four (4) cubic
yards of solid waste per week. If the solid waste collector
transports containers of solid waste generated by the
business to a material recovery facility for the purposes of
mixed waste processing, thereby separating non-organic
recyclables from the mixed waste and recycling the
non-organic recyclables, ffie business will be deemed to be
subscribing to non-organic recycling services.
C. The disposal of garbage in containers designated
for organic waste recycling or processing or for source
separated or single-streant recycling is prohibited.
D. The solid waste collector is prohibited from
providing solid waste service to businesses subject to the
mandatory non-organic recycling requirements without
providing a non-organic recycling program that includes the
collection of a container no less than thirty-two (32) gallon
eapacity, provided by the solid waste collector, at least one
(1) time per week. The only exceptions to this requirement
are the following:
1. The solid waste collector provides a n'ffxed waste
processing program to the business in which solid waste
containers are taken to a material recovery facility for
processiixg to remove non-organic recyclable materials.
2. The solid waste collector may verify the owner or
tenant designee has been granted an exception to the
mandatory non-organic recycIing program from the
Director. (Ord. 20-2218, (i 4, 2021; Ord. 15-2130, § 1
(part), 2015; Ord. 2094, § 2, 2012)
6.24.037 Mandatory Organic Waste Disposal
Reduction.
6.24.037.010 Requirements for Single-Fatnily
Generators.
Single-family orgarUc waste generators shall:
A. Subscribe to the City's organic waste collection
services for all organic waste generated. The City and/or its
designee shall have the right to rcvicw the number and size
of a generator's containers to evaluate the adequacy of
capacity provided for each type of collection service and to
review the proper separation of materials and containment
of materials.
B. PartieipateintheCity'sorganicwastecollection
service by placing designated materials in designated
containers as described below, and not placing prohibited
container contaminants in collection containers. Generator
shall place souree separated green container organic waste,
including food waste, in the green container; source
separated recyclable materials in the blue container; and
gray container waste in the gray container. Generator shaIl
not place materials designated for the gray container into the
green container or blue container.
C. Nothinginthissectionprohibitsageneratorfrom
preventing or reducing their solid waste generation,
managing organic waste on site, and/or using a community
composting site pursuant to 14 California Code of
Regulations Section 18984.9(c). (Ord. 21-2231, 'g 1, 2021)
6.24.037.020 Requirements for Commercial Business
Generators
Coniniercial business organic waste generators,
including multi-family organic waste generators, shall:
A. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requirements in Section
6.24.037.030 of this code, subscribe to the City's organic
waste collection service for all orgarac waste generated. The
City and/or its designee shall have the right to review the
number and size of a generator's containers and frequency
of collection to evaluate the adequacy of capacity provided
for each type of collection service and to review the proper
separation of materials and containrnent of materials.
B. Except commercial businesses that meet the
back-hauler requirements in Section 6.24.037.050 of this
code, or that meet the waiver requiren'ients in Section
6.24.037.030 of this code, participate in the City's organic
waste collection service by placing designated materials in
designated containers as described below, and not placing
prohibited container contaminants in collection containers.
Generator shall place source separated green container
organic waste, iucluding food waste, in the green container;
t"
2021 S-84
16C Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.037.020
source separated recyclable materials in the blue container;
and gray container waste in the gray container. Generator
shall not place materials designated for the gray container
into the green container or blue container. If organic waste.
is placed in a plastic bag, the bag must be a clear plastic or
a compostable plastic bag.
C. Supply and allow access to adequate xiumber, size
and location of collection containers with sufficient labels or
colors (conforming with Sections 6.24.037.020.D.1 and
6.24.037.020.D.2 of tis code) for employees, contractors,
tenants, and customers, consistent with the City's blue
container, green container, and gray container collection
5tyyi(.B ril-, if haek-hHliling, per the commercial business's
instructions to support its compliance with its back-hahil
program, in accordance with Section 6.24.037.050 of this
code.
D. Excluding multi-family residential properties,
provide containers for the collection of source separated
green container organic waste and source separated
recyclable materials in all iiidoor and outdoor areas where
disposal containers are provided for customers for materials
generated by that business. Such containers do not need to
be provided in restroon'is. If a commercial business does not
generate any of the materials that would be collected in one
type of contaiiier, then the business does not have to proyide
that particular container in all areas where disposal
containers are provided for customers. l%rsuant to 14
California Code of Regulations Section 18984.9(b), the
containers provided by the business shall have either:
1. A body or lid that conforms with the container
colors specified by the City, with either ].ids conforming to
the color requirements or bodies conforming to the color
requirements or both lids and bodies coxiforn'ffng to color
requirements. Notwithstanding the foregoiixg, a comn'iercial
business is not required to replace functional containers,
including containers purehasedprior to January 1, 2022, that
do not comply with the requirements of the subsection prior
to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first.
2. Container labels tliat include laixguage or graphic
images, or both, indicating the primary material accepted
and the primary materials prohibited in that container, or
containers with imprinted text or graphic images that
indicate the primary materials aceepted and primary
materials prohibited in the contaii'ier. Pursuarit to L4
California Code of Regulations Section 18984.8, the
contain.er labeling requirements are required on new
containers commencing January 1, 2022.
E. Excluding multi-family residential properties, to
the extent practical through education, traiiung, inspection,
and/or other measures, prohibit emplo5iees from placing
materials in a container not designated for those materials
per the City's blue container, green container, and gray
container collection service or, if back-hauling, per the
commercial business 's instructions to support its compliance
with its back-haul program, in accordanee with Section
6.24.037.050 of this code.
F. Excluding multi-fan'iily residential properties,
periodically inspect blue containers, green containers, and
gray containers for contamination and inform employees if
containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14
California Code of Regulations Section 18984.9(b%3).
G. Annually provide information to employees,
contractors, tenants, and customers about organic waste
recovery requirements and about proper sorting of source
separated green container orgic waste and source
separated recyclable materials.
H. Provide education iiiformation within fourteen
(14) da>is of new occupation of the premises to new tenants
tliat describes requirements to keep source separated green
container organic waste and source separated recyclable
materials separate from each other and gray container waste
aiyd the location of containers and the rules governing their
use.
I. Provide or arrange access for inspections
conducted m accordance with Section 6.24.037.070 of this
code to confirm compliance with the requirements of this
chapter.
J. Accornrnodate and cooperate with the City's
remote monitoring program, if any, for inspection of the
adequacy of capacity and the types of materials placed in
containers to identify prohibited container contarninants.
K. Atacornrnercialbusiness'soptionandsubjectto
any approval required from the City and/or its designee,
implement a remote monitoring program for self-inspection
and self-monitoring of the adequacy of capacity and the
types of materials placed in containers to identify prohibited
container contarninants.
L. Nothing in this section prohibits a generator from
preventing or reducing waste generation, managing orgarUc
waste on site, and/or using a community composting site
pursuant to 14 California Code of Regulations Section
18984.9(c). (Ord. 21-2231, § 1, 2021)
6.24.037.030 Waivers for Commer'cial Business
Generators.
A. De Minirnis Waivers. Tlie Director may waive a
commercial business's (ineluding a multi-fainily residential
property's) obligation to comply with some or all of the
orgaiiic waste collection service requirements of this chapter
if the cornn'iercial business provides documentation
demonstrating that the business generates below the amount
of organic waste described in this section. A commercial
business requesting a de minimis waiver shaIll:
2021 S-84
6.24.037.030 Cupertino - Franchises 16D
1. Submit an applieation to the Director specifying
the seryice or requirements for which it is requesting a
waiver,
2. Provide documentation that ei.ther:
(a) The commercial business's total solid waste is
two (2) cubic yards or more per week and organic waste
subject to collection in a blue container or green container
comprises less than twenty (20) gallons per week per
applicable container of the business' total waste; or,
(b) The cornrnercial business's total solid waste is
less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container
c.omprises IBss than ten (10) gallons per week per applicable
container of the business's total waste.
(c) For the purposes of tliis section, total solid waste
shaIll be the sum of weekly container capacity measured in
cubic yards for solidwaste, non-organic reeyclable material,
and organic waste.
3. Notify the Director if circumstances cliai'ige such
that the corninercial busiixess's organic waste exceeds the
threshold required for waiver specified in this section, in
which case the waiver will be rescinded.
4. Provide written verification of eligibility for a de
ns waiver to the Director every five (5) )tears, if the
City has approyed a de rninimis waiver.
B. PhysicalSpaceWaivers. TheDirectormaywaive
acornrnercialbusiness's (iiicludingamulti-fannlyresidential
property's) obligation to comply with some or all of the
organic waste collection service requirements of this cbapter
if the commereial business provides documentation
demonstrating that the premises lacks adequate space for tlie
collection containers required for compliance with tins
chapter. A commercial business requesting a physical space
waiver shall:
J. Submit an application to tlie Director specifying
the service or requirements for which it is request.ing a
waiver.
2. Provide documentation that the premises lacks
adequate space for blue containers and/or green containers,
which may include documentation from its hauler, licensed
arcliitect, or licensed engineer.
3. Notify the Director if the commercial business's
physical space configurations change, in which case waiver
will be rescinded.
4. Provide written verification of eligibility -for a
physical space waiver to the Director every five (5) years,
if the City has approved a physical space waiver. (Ord.
21-2231, § 1, 2021)
6.24.037.040 Requirements for Haulers and Facility
Operators.
A. Requirements for Hankers
1. The exclusive franchised hauler providing
residential, commercial, or industrial organic waste
collection services to generators withinthe City's boundaries
shall meet the following requirements and standards:
(a) The Franchise Agreement with the exclusive
franehised hauler will identify the faciIities to which the
liauler will transport organic waste including facilities for
source separated recyclable materials and source separated
green container org:mfxc waste.
(b) Transport source separated recyclable materials
and source separated green container organic waste to a
facility, operation, activity, or property a'iat recovers
organic waste as defined in 14 California Code of
Regul.ations, Division 7, Chapter 12, Article 2.
2. Nothing in this section is applicable to haulers
transporting source separated organic waste to a community
compostmg site in a manner otherwise consistent with law,
or lawfully transporting C&D debris in a manner that
complies with 14 California Code of Regulations Section
18989. 1 aiid the City's C&D debris ordinances, codified at
Section 6.24.200 and i6.72.040 of this code.
3. Back-liaulers shall comply with the requiren'ients
of.Section 6.24.037.050 of this code.
B. Requirements for facility operators and
commuinty composting operatxons
:I.. Owners of facilities, operations, and activities
that recover organic waste, including, but not limited to,
cornpost facilities, in-vessel digestion facilities, and
publicly-owned treatment works shall, upon the City's
request, provide information regarding available and
potential new or expanded capacity at tl'ieir facilities,
operations, and activities, including information about
througl'iput and permitted capacity necessary for planning
purposes. Entities contacted by the City shall respond within
sixty (60) days.
2. Cornrnunity composting operators sliall, upon the
City's request, provide information to the City to support
organic waste capacity planning, including, but not limited
to, an estiinate of the amount of organac waste anticipated to
be handled at the community compostiixg operation. Entities
contacted by the City shall respond within sixty (60) days.
(Ord. 21-2231, § 1, 2021)
6.24.037,050 Requirements for Back-Haulers,
A. Back-haulers shall source separate all non-organic
recyclable material and orgarfic waste generated on-site from
solid waste in a manner consistent with 14 California Code
of Regulations Sections 18984. 1.
2021 S-84
16E Garbage, Non-Organic Recyeling and Organic Waste Recycling Collection and Disposal 6.24.037.050
B. Back-haulers shall haul their source separated
recyclable materials and source separated green container
organic waste for appropriate recovery.
C. Back-haulers shall keep records of the quantity of
non-organic recyclable material and organic waste being
back-hauled. 'rhe records shall include the following
information:
1. Delivery receipts and weight tickets from the
entity accepting the non-organic recyclable material aixd
organic waste.
2. The amount of non-organic reeyclable material
and organic waste in cubic yards or tons transported by the
generator to each entity.
3. If the material is transported to an entity that does
not have scales on-site, or ernploys scales incapable of
weighing the back-hauler's vehicle in a manner that allows
it to determine the weiglit of materials received, the back-
hauler is not required to record the weight of material but
shall keep a record of the entities that recei.ved the non-
organic recyclable material and orgai'iic waste.
D. Back-liaulers shall, upon the City's request,
provide the records collect.ed pursuant to this section.
Entities contacted by the City shall respond within sixty (60)
days. (Ord. 2]-2231, S) 1, 202])
6.24.037.060 Procurement.
Mulch proeured for the purpose of meeting the City's
ai'uqual recovered organic waste product proeurement target
pursuant to 14 California Code of Regulations Chapter 12 of
Division 7 must rneet the requirements described in this
section for the duration of the applicable procurement
compliance year, as specified by 14 California Code of
Regulations Section 18993.1(f%4):
A. Produced at one of t}'ie following Facilities:
1. A cornpostable material handling operation or
facility as defined in 14 California Code of Regulations
Section 17852(a)(12), that is perinitted or authorized under
14 California Code of Regulations Division 7, otlier than a
chippii'ig and grinding operation or facility as defined in 14
California Code of Regulations.Section 17852(a%l0);
2. A transfer/processing facility or transfer/
processing operation as defined in 14 California Code of
Regulations Sections 17402(a)(30) and (31), respectively,
that is permitted or authorized under 14 California Code of
Regulations Division 7; or,
3. A solid waste landfill as defined in Public
Resources Code Section 40195. 1 that is permitted under 27
California Code of Regulations Division 2.
B. Meet or exceed the physical contamination,
maximum metal concentration, and pathogen density
standards for land application specified in 14 California
CodeofRegulations Sections 17852(a)(24.5)(A)1 through3.
(Ord. 21-2231, § 1, 2021)
6.24.037.070 Inspections and Investigations.
A. The City and/or its designee are authorized to
conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated
materials, to confirm compliance with this chapter by
organic waste generators, commercial businesses (including
n'iulti-family residential properties), haulers, and
back-haulers, subject to applicable laws. This section does
t-iot allow the City or its designee to enter the interior of a
residential premises For inspection. For the purposes of
inspecting commercial business containers for compliance
svith Section 6.24.037.020 of this code, the City and/or its
designee may conduct container inspections for prohibited
coxitainer contaminants using remote monitoring, if such a
program is adopted, and commercial businesses sliall
accommodate and cooperate witli such remote n'ionitoring
pursuant to Section 6.24.037.020.J of this code.
B. Regulated entity shall provide or arrange for
access during all iiispections (with the exception of
residential premises interiors) and shall cooperate with the
City aixd/or its designee during such inspections and
in'vestigations. Sueli inspections and investigations may
include confirmation of proper placement of materials in
containers, inspection of edible food recovery activities,
review of required records, or other verification or
ainspection to confirmcompliance with any otlier requirement
of this chapter. Fai)ure of the regulated entity to provide or
arraiige for: (1) access to the premises; (2) installation and
operation of remote monitoring equipment, if a remote
monitoring program is adopted; or (3) access to records for
any inspection or investigation is a violation of this chapter
aiqd may result in penalties described in Sections
6.24.037.080 aiid 6.24.240 of this code.
C. Any records obtained by the City and/or its
designee during inspeetions, remote monitoring, if such a
program is adopted, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section
6250 et seq.
D. The City and/or its designee are authorized to
conduct any inspections, remote monitoring, if such a
program is adopted, or other investigations as reasonably
necessary to further tlie goals of this chapter, subjeet to
applicable laws.
E. The City shall accept written complaints from
persons regarding an entity that may be potentially non-
compliant with this chapter, including receipt of anonymous
complaints. (Ord. 21-2231, § 1, 2021)
2021 S-84
6.24.037.080 Cupertino - Franchises ].6F
6.24.037.080 Enforcement.
A. For the period from January 1, 2022 through
December 31, 2m3, the enforcement officer and/or the
City's designee will conduct inspections, remote monitoring
(if such a program is adopted), route reyiews, eompliance
reviews, and investigation of complaints, depending upon
the type of regulated entity, to determine compliance with
the requirements of Section 6.24.037 of this code. If the
enforcement officer and/or the City's designee determines
that an organic waste generator, back-hauler, hauler, or
other entity is not in compliance with such section, the
enforcement officer and/or the City's designee shall provide
edvcational materials tc the entity, describing its obligations
under Section 6.24.037 of this code and that violations may
be subjectto administrative citations, fines, civilpenalties or
other remedies beginning on January 1, 2024.
B. Beginning January 1, 2024, any person who
violates any provision of Seetion 6.24.037 of this code shall
be subject to the penalties as provided in Sectioi'i6.24.240
of this code.
C. The enforcement officer and/or the City's
designee will monitor compliance with Section 6.24.037 of
this code through compliance reviews, route reviews,
investigation of eomplaints, and an inspection program (that
may include remote monitoring, if such a program is
adopted).
D. The enforcement officer may issue a notice of
violation requiring compliaiice within sixty (60) days of
issuanee of the notice. (Ord. 21-2231, F§ 1, 2021)
6.24.038 Mandatory Edible Food Recovery.
6.24.038.010 Requirements for Commerctal Edible
Food Generators.
A. Tier one commercial edible food generators must
comply with the requirements of this section coxnmencing
January 1, 2CQ2, and tier two coinrnercial edible food
generators must comply eomrnencing January 1, 2024,
pursuant to 14 California Code of Regulations Section
18991.3.
B, Large venue or large event operators riot
providing food services, but allowing for food to be
provided by others, shall require food facilities operating at
the large venue or large event to comply with tlie
requirements of tis Section, commencing Januar)i 1, 2024.
C. Tier one and tier two commercial edible food
generators shal.l comply witli the following requiren'ients:
1. Arrange to recover the maximum amount of
edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement
with, food recovery organizations or food recovery services
for: (a) the colLection of edible food for food recovery; or,
(b) acceptance of the edible food that the commercial edible
food generator self-hauls to the food recovery organization
for food recovery.
3. Shall not intentionally spoil edible food that is
capable of being recovered by a food recovery organization
or a food recovery service.
4. Allow the department or designee to access the
premises, conduct inspections, and review electronic and
hard copy records pursuant to 14 California Code of
Regulations Section 18991.4.
5. Keep records that include the following
iiiformation, or as otherwise specified in 14 California Code
r)f Tegrilation s Sectirin i8991.4:
(a) A list of each food recoyery service or
organization that collects or receives its edible food pursuant
to a contract or written agreement established under 14
California Code of Regulations Section 18991.3(b).
(b) A copy of all contracts or written agreements
established under 14 California Code of Regulations Section
18991.3(b).
(c) A record of the following information for each of
those food recovery services or food recovery orgaiuzations:
(i) The name, address and contact information of tl'ie
food recovery service or food recovery orgaiffzation.
(ii) The ipes of food that will be collected by or
self-hauled to the food recovery service or food recovery
organxzatton.
(iii) The established frequency that food wilI be
collected or self-hauled.
(iv) The quantity of food, measured in pounds
recovered per month, collected or self-hauled to a food
recovery service or food recovery orgarNzation for food
recovery.
D. Tier one con'unercial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before August 1, 2022, tier one
commercial edible food generators shall submit a food
recovery report for the period of January 1, 2022 through
June 30, 2022.
2. On or before May 1, 2023, and on or before May
1st each year thereafter, tier one commercial edible Food
generators shall submit a food recovery report for tlie period
covering the entire previous calendar year.
E. Tier two commercial edible food generators shall
submit food recovery reports meeting the requirements of
Section 6.24.038 of this code to the department or designee
according to the following schedule:
1. On or before May 1, 2025, and on or before May
1st each year thereafter, tier two comrnerciaI edibIe food
generators shall submit a food recovery report for the period
co'vering th.e entire previous calendar year.
2021 S-84
16G Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.038.010
F. Food recovery reports submitted by tier one aitd
tier two comn'iercial edible food gerierators shall include the
following information:
1. The name and address of the commereial edible
food generator;
2. The name of the person responsible for the
commercial edible food generator's edible food recovery
program;
3. A list of all contracted food recovery services or
food recovery organizations that collect edible food from tlie
commercial edible food generator;
4. The total number of pounds of edible food, per
yB31', donated tl'u'ough 2 contraeted food recovery
organization or food recovery service.
G. Nothing in this chapter shall be construed to limit
or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Aet, or sliare table and scliool food
donation guidanee issued by the California Department of
Education pursuant to Senate Bill 557 (2.017). (Ord.
21-2231, § 1, 2021)
6.24,038.020 Requirements for Food Recovery
Organizations aiid Services.
A. Food recovery services collecting, reeeiving, or
coordinating the collection of edible food directly from tier
one or tier two commercial edib).e food generators, via a
contract or written agreement establislied rinder 14
California Code of Regulations Section 18991.3(b), shall
maintain the following records, or as otherwise specified by
14 California Code of Regulations Section 18991.5(a%l):
1. The name, address, and contact information for
each commercial edible food ,generator from wliich the
seryice collects edible food.
2. The quantity in pounds of edible food collected
from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported
to eacli food recosiery organization per month.
4. The name, address, and contact information for
each food recoyery organization that the food reco'very
service transports edible food to for food recovery.
B. Food reeovery organizations eollecting,
receiving, or coordinating the collection of edible food
directly from tier one or tier two commereial edible food
generators, via a contract or written agreement establislied
under 14 California Code of Regulations Section
18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations
Section 18991.5(a)(2):
1. The name, address, and contact in(ormation for
each coinrnercial edible food generator from which the
organization receives edible food.
2. The quantity in pounds of edible food received
from each commercial edible food generator per month.
3. The name, address, and contaet information for
each food recovery serviee that the organization receives
edible food from for food recovery.
C. Food recovery organizations and food recovery
services that have their priinary address physically located
iii the City and contract with or have written agreements
with one or more tier one or tier two commercial edible
food generators pursuant to 14 California Code of
Regulations Section 18991.3(b) shall submit food recovery
reports meeting the requirements of Section 6.24.038 of this
code to the departmerit or designee according to the
following schedule:
1. On or before August 1, 2022, food recovery
organizations and food recovery services shall submit a food
recovery report for the period of January 1, 2022 through
June 30, 2022;
2. On or before May 1, 2023, and on or before May
1st each year thereafler, t'ood recovery organizations and
food recovery serviees shall submit a food recovery report
for the period covering the entire previous calendar year.
D. Foodrecoveryreportssubrnittedbyfoodrecovery
services or organizations shall include the Following
information:
1. Total pourids of edible food recovered in the
previous calendar year from tier one aiid tier two edible
foo4 generators with 'whom tlie reporting entity has a
contract or written agreement pursuant to 14 California
Code of Regulations Section 18991.3(b).
2. Total poiinds of edible food recovered in the
previous calendar year from tlie tier one and tier two
commercial edible food generators within Santa Clara
County with whom the reporting entity has a contract or
written agreement pursuant to 14 California Code of
Regulations Section 18991.3(b).
E. In order to support edible food recovery capacity
planning assessments or other studies conducted by the
County of Santa Clara, the City, or designee, food recovery
services and food recovery organizations operating in the
City shall provide information and consultation to the City,
designee, or department, upon request, regarding existing,
or proposed new or expanded, food recovery capacity that
could be accessed by the City aixd its tier one and tier two
commercial edible food generators. A food recovery service
or food recovery organization contacted by the City, the
department, or designee shall respond to such request for
iiformation within sixty (60) days, unless a shorter
timeframe is specified. (Ord. 21-2231, IS, 1, 2021)
2021 S-84
6.24,038.030 Cupertino - Franchises 16H
6.24.038.030 Edible F'ood Recovery Inspections and
Investigations by Department or
Designee.
A. The department and/or designee are authorized to
conduct inspections arid investigations, at random or
otherwise, of any collection container, collection vehicle
Ioads, or transfer, processing, or disposal facmt5r for
materials collected from generators to confirm compliance
with this chapter by tier one and tier two cornmercial edible
food generators, food recovery services, and food recovery
organizations, subject to applicable laws. This section does
not allow the department or designee to enter the interior of
a residential premises for inspection.
B. Regulated entities shall provide or arrange for
access during all inspections (with the exception of
residential premises interiors) and shall cooperate with the
department's or designee's employees during such
inspections aixd investigations. Such inspections and
inyestigations may include in-person or electronic review of
edible food recovery activities, records, or any other
requirement of this chapter described herein. Failure to
provide or arrai'ige for access to the premises or access to
records for any inspection or investigation is a violation of
this chapter and may resul.t in penalties described in Section
6.24.038.040 of this code.
C. Any records obtained by the department or
designee during inspections, and other reviews shaIl be
subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in
Government Code Section 6250 et seq.
D. Representativesofthedepartn'ientand/ordesignee
are authorized to conduet any inspections, or other
investigations as reasonably 'i'iecessary to further the goals of
this chapter, subject to applicable Iaws.
E. Department shall receive written con'iplaints,
including anonymous complaints, regarding entities thatmay
be in violation of this chapter. Complaints shall include the
name and contact information of the complainant, if the
complainant is not anonymous; the identity of the alleged
violator, if known; a description of the alleged violation
including location(s) and all other releyant facts known to
the complainant; any relevant photographic or documentary
evidence to support the allegations in the complaint; and tlie
identity of any witnesses, if known. (Ord. 21-2231, 'g 1,
2021)
6.24.038.040 Enforcement.
A. Administrative Fine. Violation of any provision
of this chapter shall constitute grounds for issuance of a
notice of vioIation and assessment of an administrative fine
by the department. Absent compliance by the respondent
within the deadline set forth in the notice of violation, the
departrnent shall commence an action to impose penalties,
via an adn'iinistrative citation and fine.
B. Notice of Violation. Before assessing an
administrative fine, the department shall issue a notice of
violation requiring compliance within sixty days of issuance
of the notice. The notice shall include: (1) the name(s) of
each person or entity to whom it is directed, (2) a fachial
description of the violations, including the regulatory
section(s) being violated, (3) a compliance date by which the
respondent is to take specified action(s), and (4) the penalty
for not complying before the specified deadline.
C. Extensions to Compliance Deadlines. The
detiartment mav extend the comnliance deadlines set forth in
a notice of violation if it finds that there are extenuating
circtunstances beyond the control of the respondent that
make compliance within the deadlines impracticable
including tlie following:
1. Acts of God such as earthquakes, wildfires,
flooding, and otlier emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other
govermnent agency approvals;
3. Deficiencies in edible food recovery capacity and
the existence of a correcti've action plan imposed pursuant to
14 California Code of Regulations Section 18996.2 due to
those deficiencies; or,
4. Any other circumstance in which the department
director, in their sole discretion, finds good cause to extend
the compliance deadliiies.
D. Administrative Citations. If the respondent fails
to correct the violation by the compliance date, the
department shall issue an administrative citation and fine.
The citation shall include a description of the administrative
citatioxi appeal process, including the designated hearing
officer, the time within which the administrative citation
may be contested, and instructions for requesting a hearing.
E. Amount of Fiiie. The amount of the
administrative fine for each violation of this chapter shall be
as follows:
1. For a first violation, the amount of the base
penalty shall be $50 to $100 per violation.
2. For a second violation, the aniount of the base
penalty shall be $100 to $200 per violation.
3, Forathirdorsubsequentviolation,theaniountof
the base penalty shall be $250 to $500 per violation.
F. Factors Considered in Determining Penalty
Amount. The following factors shall be used to determine
the amount of the penaIty for each violation within the
appropriate penalty range:
1. The nature, circumstances, and severity of the
violation(s).
2. The violator's ability to pay.
3. The willfulness of the violator's misconduct.
2021 S-84
16I Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.030
4. Whether the violator took measures to avoid or
mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from
ihe violation(s).
6. The deterrent effect of the penaIty on the violator.
7. Whether the violation(s) were due to conditions
outside the control of the violator.
G. Appeals. Persons receiving an administraiive
citation for an uncorrected violation may request a bearing
to appeal the citation. The City will designate a hearing
officer who shall conduct the hearing and issue a final
written order. The liearing officer may be a City official or
another public agency desigriated by the Cit3i. The hearing
officer sliall be identified in the administrative citation. A
hearing will be held only if it is requested within fifteen (15)
days from the date of the notice of jl'ie adn'iinist'rative
citation.
H. Other Remedies. Other remedies allowed by law
may be used to enforce this chapter, including civil action or
criminal prosecution as misdemeanor or infraction. Tlie
department and/or City may pursue civil actions in tl-ie
California courts to seek recovery of unpaid administrative
citations. The department may choose to delay court action
until such time as court action is a reasonable use of staff
and resources.
I. Education Period for Non-Compliaiice. Beginning
January 1, 2022, and tbrougli December 31, 2023, the
department and/or designee will conduct inspections and
compliance reviews. If tlie department and/or designee
determines that a tier one con'imercial edible food generator,
food recovery organization, food recovery service, or other
entity is not in compliance uiith Sect.ion 6.24.038 of this
code, it shall provide educational materials to the entity
describing its obligations under Section 6.24.038 of this
code and a notice that compliance is required. It sl'iall also
'provide notice that yiolations may be subject to
administrative civil penalties starting on January 1, 2.024.
(Ord. 21-2231, 8, 1, 2021)
6.24.040 Commencement of Solid Waste Collection
Service.
The owner or tenaixt sliall con'u'i'ience solid waste
collection service within ten days after occupancy of a
premises, or portion thereof. In the event service is not
initiated within such period of time, the Director may gisie
written notice to the owner or tenant that solid waste
collection service is required. If service is not initiated by
the owner or tenant within ten days after the date of mailing
the notice, the Director shall authorize the solid waste
collector to begin and continue providing the ininimurn Jevel
of solid waste collection service to such premises and the
service shall be deemed to have been made available as of
the date of such authorization. (Ord. 15-2130, § I (part),
2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, 8, I (part),
1991)
6.24.050 Frequency of Disposal.
No more than one week's accumulation of garbage
shall be kept or permitted to remain upon any premises in
the City. At least once a week, all garbage and organic
waste produced, kept, deposited, placed or accumulated
within any premises in the City shall be disposed of in
accordance with the provisions of tl"iis chapter. Dry
non-organic recyclables may be accumulated for up to one
month (if necessary to reasonably fill the collection
container), so long as they are not stored within view of the
public right of way and are kept in appropriate containers.
(Ord. 15-2130, 8, 1 (part), 2015; Ord. 2069, 8, I (part),
2010; Ord. 1572, F3 l (part), 1991)
6.24.060 Method of Garbage, Organtc Waste and
Non-Organic Recyc.lables Disposal.
All garbage, organic waste and non-organic recyclables
subject to solid waste collection service shall be disposed of
by delivery of the appropriate container to an authorized
collection station, located as to be readily accessible for tlie
removal and emptying of its contents by the solid waste
collector. (Ord. 21-2231, F3 ]-i 2021; Ord. 15-2130, F§ 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572., § 1
(part), 1991)
6.24.070 Garbage, Organic Waste and Non-Organic
Recyclables Containers.
A. All garbage, organic waste materials and
non-organic recyclables containers shall be kept in a sanitary
condition with the lid closed or cap secured, except when
being loaded or unloaded.
B. Garbage,organicwastematerialsandnon-organic
recyclables containers for residential premises shall be
provided by the solid waste collector ai'id be sized based on
the le'vel of subseription for services requested by the
responsible party or as may be required by this Chapter
6.24. Containers shall not be loaded with more n'iaterials
than will fit iix the container with the lid closed or cap
secured, or iii excess of the weight limit marked on the
container. All containers for business structure premises
shall be provided by or approved by the solid waste
collector, except for industry approved grease or cooking oil
tallow bins that shall be provided by a designated tallow
hauler.
C. Garbage, organic waste and non-organic
recycling containers shall be eolleeted by the solid waste
2021 S-84
6.24.070 Cupertino - Franchises 16J
collector when the containers are placed at the collection
station; provided, however, that the collection may be made
at such other location upon approval by the Director, based
on the services subscribed for by the responsible party.
D. Garbage containers, organic materials containers
and non-organic recycling containers shall be placed at the
authorized collection station not more than twenty-four
hours before the scheduled collection time, unless the
resident subscribes for 'Walk-Up' services. All containers
shall be removed from the collection station area within
twenty-four hours after collection. Where eontainers are
placed within a designated bike lane, containers shall be
remoyed v,iithin twetve hcvrs aner ccllectiori. AII bins,
boxes, and containers of one cubic yard or more, which are
serviced by the solid waste collector, shall be identified with
the name and telephone number of the collector servicing the
bins, boxes and containers. (Ord. 15-2130, 8, 1 (part), 2015;
Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; 1572,
§ 1 (part), 1991)
6.24.080 Inappropriate Containers.
R is (he duty of the authorized solid waste collector,
unless otherwise allowed under the current franchise
agreement, to proyide the bins, boxes and contaixiers. The
use of garbage, organic materials and non-organic recyding
containers which do not meet the standards set forth in
Section 6.24.070 of this cbapter shall be subject to
regulations prescribed by the Director. Tlie solid waste
collector may propose for City approval additional charges
to be paid the solid waste collector for the collecting and
transporting of the inappropriate containers or waste
containedtherein. (Ord. 20-2218, § 6, 2021; Ord. 15-2130,
§ 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1626,
(part), 1993; Ord. 1572, § 1 (part), 1991)
6,24.090 Burning Restrictions.
It is unlawful for any persoxi to burn, or cause to be
burned, any solid waste within the City or to burn, or cause
to be burned, any waste upon public streets, ways or alleys.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, Fy 1 (part), 1991)
6.24.I00 Disposal of Explosive or Hazardous Material
Restrictions.
No person shall deposit in any garbage organic waste
or non-organic recycling container any explosive, highly
inflammable or otherwise hazardous material or substance.
(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part),
2010; Ord. 1572, § 1 (part), 1991)
6.24.IIO Unauthorized Disposal Prohibited.
A. It is unlawful for any person or entity in the City
to throw, deposit or store refuse, garbage or hazardous
waste, or to cause the same to be thrown, deposited or
stored, upon any street, alley, gutter, park, or other public
place. Furthermore, no property owner and/or tenant with
eontrol over any premises shall keep or maintain any
garbage, non-organic recyclables, organic waste, hazardous
materials, or any waste effluent such as grease or oil on any
premises within the City other than in containers as required
by Section 6.24.070 and/or any other provisions of this
chapter. Waste water must go to the sanitary sewer; if it
contains oil or grease a grease trap may be required.
B. Nothing contained in Section 6.24.070, Section
6.24.080 or this Section 6.24. 110 shall prevent a property
nwner and/or tenant with control over anv residential
premises from keeping or maintaining organic waste in a
residential composting biii designed and intended for
residentialcon'iposting. Residentialcompostingmaterialsand
containers shall not be stored in public view. (Ord.
15-2130, § 1 (part), 20I5; Ord. 2069, 8, 1 (part), 2010; Ord.
1572, €3 1 (partl 1991)
6.24.I20 Franchise Granting Authority.
The City Council may award an exclusive franchise to
any person or entity the Council believes is qualified to
perform solid 'waste collection service. Such franchise
agreement shall require the solid waste collector to render
service to all residential and nonresidential prcrnises within
the City in accordance with the provisions of this chapter
and in conformity with such regulations as may be adopted
by the Director with the approval of the City Council.
Additional terms of such franchise agreement shall not
conflict with any of the provisions of this chapter, Chapter
9.16 or Chapter 10.48. (Ord. 20-2218, S, 7, 2021; Ord. 15-
2130, 8, I (part), 2015; Ord. 2069, F§ 1 (part), 2010; Ord.
1572, § I (part), 1991)
6.24.150 Charges for Solid Waste Collection Service.
The City Council reseryes the right to establish by
resolution a maximum schedule of rates and charges for all
levels of solid waste collection services to be rendered by
the solid waste collector, who shall then have authority to
eoIlect such rates and charges. The schedule may be
chaiiged from time to time in the manner prescribed by the
franchise agreement betviieen the City and the solid waste
collector. (Ord. 20-2218, 818, 2021; Ord. 15-2130, F§ 1
(part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § I
(part), 1991)
6.24.160 Entitlement to Collect for Solid Waste
Collection Service.
The solid waste collector shall be entitled to payment
from the reeipient of solid waste collection service for any
services rendered or to be rendered by the solid waste
collector. Upon failure to make such payment, the means of
2021 S-84
16K Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal 6.24.160
collecting delinquent charges shall be in accordance with tlie
procedures set forth in Sections 6.24. 170 through 6.24. 180
of this Chapter. (Ord. 20-2218, § 9, 2021; Ord. 15-2130,
8, 1 (part), 2015; Ord. 2069, F§ 1 (part), 2010; Ord. 1572,
8, 1 (part), 1991)
6.24.170 Notification of Delinquency.
If a bill for solid waste collection service becomes
delinquent, the solid waste collector shall send or deliver
notice of delinquency in the form and manner set forth in the
franehise agreement, and indicating the amount owed for
solid waste collection service, including the amount of late
charges that !n27 be impn5Bd thereon, and advising tliat
failure to pay the same will result in increased penalties and
that the solid waste collector may pursue other remedies
consistent with law regulating tlie collection of debts. (Ord.
20-2218, S, 10, 2021; Ord. 15-2130, 8, I (part), 2015; Ord.
2069, 8, 1 (part), 2010; Ord. 1572, 8, 1 (part), 1991)
6.24.180 Remedies for Delinquent Account.
'[f a bill for solid waste collection service remains
delinquent for more thaii forty-five (45) days, and the solid
waste collector has given notice as required herein, tlie solid
waste collector shall be entitled to collect a late charge iit
such aniount as set forth in the franchise agreement with the
solid waste collector. In the event the bill for solid waste
collection service, together with any late charge thereon,
remains delinquent for more than ninety (90) days, and the
solid waste collector has giyen notice as required herein, the
solid waste collector may pursue any remedies consistent
with the franchise agreement and law regulating tlie
collection of debts for seryices rendered by the solid waste
collector. (Ord. 20-2218, 8, 11, 2021; Ord. 15 2130, 8, 1
(part), 2015; Ord. 2069, S) 1 (part), 2010; Ord. 1572, (i l
(part), 1991)
6.24.190 Recycle Centers.
The City may operate one or more centers for the
collection of recyclable materials or may enter into a
contract with a private party to operate such centezs. The
City mast contract witli tlie same solid waste collector
awarded the franchise for solid waste collection service or
with any other party for the processing and transportation of
the recyclable material collected at a recycle center. The
City Council may, from time to time by resolution,
designate what material shall be deemed recyelable and
which may therefore be disposed of by delivery to a recycle
center. (Ord. 15-2130, § 1 (part), 2015; Ord. 2069, !i 1
(part), 2010; Ord. 1572, F3 l (part), 1991)
6.24.200 Unauthorized Solid Waste ColIection.
A. No person shall collect any garbage, inixed
non-organic recyclables, or organie waste from containers
provided by the solid waste collector when the containers
are located at the collection station and/or within a solid
waste enclosure recycling area, unless such person is an
agent or employee of the City acting within the course and
seope of his employment, or has been awarded a franchise
by the City to act as solid waste collector.
B. No person shall collect any garbage, mixed
non-organic recyclables, organic waste, or eonstructioxi and
demolition materials t)tirough the use of debris boxes,
compactors and bin-by-the-dav services, which is produced,
kept or accumulated withiii the City, ui'iless such person is
art agent or employee of the City acting within the course
and scope of his employment, or has been auiarded a
franchise 'by the City to act as solid waste collector. The
City shall notify axiy person or entity violatirig this section
that the prompt and permanent removal of any collection
bin, box or container from the place or premises is required.
The City's solid waste collector may take tegal action to
protect the exclusive rights graiited to the solid waste
collector in the franchise agreement. The following
situations are exempt from this section:
1. The transporting of garbage or non-organic
recyclables and organic waste by the property owner, that
have been generated on tlie property by the owner of the
property or by an indiyidual or entity leasiug or renting the
property from the property owner.
2. Colleetion of non-organic recyclable materials or
organic material which have been source separated from
other solid waste by the generator and which the generator
sells or donates to any other person or organizatioxi, or any
organic or non-organic recyclable materials uihich have a
value equal to or more than the cost of collection.
3, Removal of construction, remodeling or
demolition debris as part of a total service offered by the
contractor, where the removal is performed by an employee
of the contractor using only equipment owned by the
eontractor .
4. Removal of green waste or plant trimmii'igs by a
gardei'iiixg, landscaping, or tree tring contractor as an
incidental part of a total service offered by that contractor.
5. Collection of grease wastes from grease biiis,
grease traps or grease interceptors.
6. Collection of horse manure frorn residences or
ri.on-residential properties.
7. Collection of hazardous materials.
8. Collection of non-hazardous material that is
greater than fifty percent (50%) liquid (including septic tank
pumping, and other liquid wastes). (Ord. 15-2130, €3 1
(part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, § 1 (part),
2010; Ord. 1572, F3 I (part), 1991)
2021 S-84
6.24.210 Cupertino - Franchises 16L
6.24.210 Interfering with Solid jVaste Collection
Service.
No person shall, in any manner, interfere with the
performance of solid waste collection services being
rendered by an agent or employee of the City acting within
the course and scope of his employment, or being rendered
by the authorized solid waste colleetor. (Ord. 15-2130, § 1
(partl 2015; Ord. 2069, S, 1 (part), 2010; Ord. 1572, § 1
(par!), 1991)
6.24.220 Unauthorized Use of Solid Waste Collection
Service.
Nci person shall deposit, place or accumulate, or allow
the deposit, placement or accumulation upon a premises for
pick up by the solid waste collector, any solid waste
produced from another premises where such action results
in the avoidance or reduction of any solid waste collection
service charges that would otherwise be payable for
collection of sucl'i solid waste from the premises at whicli it
was produced. (Ord. 15-2130, 01 (part), 2015; Ord. 2069,
§ I (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.230 Rules and Regulations Adopted.
A. The Director shall adopt such rules and
regulations as may be necessary for tlie proper
adininistration and enforcement of this chapter, and any
franchise, contractorlicenseissuedorexecutedthereunder,
including regulations relating to the required frequency of
collection from various types of places and premises, and
tl"ie types of special containers required for certaixi classes of
places and premises.
B. The Director shall resolve all disputes concerning
the administration of this chapter and any franchise,
contract, or license issued or executed there under. Any
affected person who is dissatisfied with the determination of
the Director may, within ten da>is after such decision appeal
the same to the City Council. Such appeal must be iix
writing, filed with the City Clerk, and must set forth the
reasons for such appeal.
C. Disputes concerning the enforcement of this
chapter by an administrative citation issued pursuaiit to
Chapter I.IO shall be resolved by means of the citation
appeal process set forth in that chapter. No violation of this
chapter shall be permitted, or be continued, during the time
ai'iy sucl'i appeal is pending. (Ord. 15-2130, 8, 1 (part),
2015; Ord. 2069, "3 1 (part), 2010; Ord. 1572, S, 1 (part),
1991)
6.24.240 Violation-Penalty.
The City may address violations of this chapter by
issuing administrative citations, fines, and penalties as set
('orth in Chapter 1.10 of this code. Alternatively, the City
may prosecute any violation of this chapter as a
misdemeanor, punishable as provided in Chapter 1. 12 of Ths
Code. (Ord. 21-2231, § 1, 2021; Ord. 15-2130, § 1 (part),
2015; Ord. 2069, FB 1 (part), 2010; Ord. 1572, F3 1 (part),
1991)
l,<
2021 S-84
9.16.010
CHAPTER 9.16: SOLm WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9.16.010 Purpose.
9. 16.020 Definitions.
9. 16.030 Applicability of regulations.
9. 16.040 Site development regulatiori-s.
9.16.045 Solid waste, non-organic recycling and
organic recycling enclosures
9. 16.050 Maintenance and collection.
9. 16.060 Violation-Penalty.
9.16.010 Purpose.
A. The City is required to comply with the applicabl.e
provisions of the California Integrated Waste Management
Act (AB939 or "Act"), as amended, which is codified i.n tlie
California Public Resource Code begiiuiing at section
40000. Tlie Act requires that by and after Jaiiuary 1, 2000,
fifty percent (50%) of tlie solid waste generated n'iust be
divertedthroughsourcereduction, recyclingandcomposting
activities. In 2014, the Act was amended by Assembly Bill
1826 which requires that by April 1, 2016 a business tliat
generates eight (8) cubic yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by January 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste;
by January 1, 2019, a business that generates four (4) cubie
yards or more of commercial solid waste per week, must
arrange for reeycling services specifically for organic vilaSte;
by January 1, 2020, if the State determines that statewide
disposal of organic waste lias not been reduced to fifty
percent (50%) of the le'vel of disposal during 2014, a
business that generates hvo cubic yards or n'iore per week of
commercial solid waste must arrange for the organic waste
recycling, unless tlie State determines tl'iat this requirement
will not result in significant additional reductions of organics
disposal.
B. The lack of adequate areas for collecting and
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need for the
City to address access to solid waste for source reduction,
recycling and composting activities. The State Legislature,
in passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all local agencies
to adopt an ordinance relating to adequate areas for
(oll(cting and ioading recyclable materials in development
projects. The City has adopted the State's model ordinance
to fit local conditions, in a manner that complies with AB
1327.
C. Assembly Bill 1826 authorizes the City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
space in multifarnily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-2130,
8, 2 (part), 2015; Ord. 2085, F§ 2 (part), 2011; Ord. 1671,
(part), 1994)
"Development project" means any of the
9.16.020 Definitions.
The words and phrases used in this chapter have tlie
saine meaiung as set forth in Section 6.24.020 of this Code
unless defined iix this section. In which case, as used in this
cliapter:
A. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
B.
following:
1. A project for which a building permit is required
for a commercial, industrial, institutional or quasi-public
building, or residential building having five or more living
units, where solid uiaste is collected and loaded.
2. Any 'residei'itial project where solid waste is
collected and loaded in a location serving five or n'iore liviixg
units.
3. Any new public facility where solid svaste is
collected and loaded, including any improvements to the
areas of a public facility whicli are used for col.lecting and
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts there
is an area where solid waste is collected and loaded in a
location which serves five or more living units. In such
instances, recycling areas as specified in this chapter are
only required to serve the needs of the living units which
utilize the solid waste colleetion and loading area.
2015 S-49 34B-1
9.I6.02,0 Cuperttno - Health and Sanitation 34B-2
C. "Improvement" means a site or building change
which adds to the value of a facility, prolongs its useful life,
or adapts it to new uses, including but not limited to a
building pern'iit, development permit, or use permit.
D. "D'irector" means the Direetor of Public Works
and his/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constituting the premises to whicl'i
solid waste collection service is provided.
F. "Project applicant" means any person, firm, or
governmental agency who executes the necessary forms to
procure offieial approval of a project, land use modification,
0y H perrrrjt tO carrY out construction of a project.
G. "PubIic facility" means, but is not limited to,
buildings, structures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting and loading of recyclable materials incIuding solid
waste. Such areas shall haye the ability to accoxnmodate
receptacles for non-organic and organic recyclable
materials, solid waste and grease or cooking oil. Recycling
areas shall be accessible and convenient for those who
deposit as well as those who collect and load tlie recyclable
materials and solid waste placed in the receptacles.
Recycling area is also referred to as solid waste,
non-organic recyeling and organic recycling enclosures in
this Chapter.
I. "Trioset(s)"meai'isasetofpermanentlyiiistalled
(anchored to the ground) outdoor receptacles consisting of
three separate containers one each for solid waste,
non-organic recyclables and organic waste, each labeled to
indicate the material type contained therein, aiid installed
together in a visible collection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or liquid wastes (collectively
"wet waste") which, if left out ii'i the open as opposed to in
a secured container, could create a public nuisance as uiell
as a stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
154130, § 2 (part), 2015 ; Ord. 2085, 8, 2 (part), 2011 ; Ord.
1671, (part), 1994)
9.16.030 Applicability of Regulations.
A. The site development regulations preseribed in
Section 9. 16.040 of this code shall apply to all businesses,
business structures and project sites which are subject to
City review and approval for improvements, changes or
modifications.
B. The City may exempt business structurcs, owners
and/or project applicants from the obIigation to comply with
some or all of the requirements of this chapter and Chapter
6.24 of this code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, 8) 1,
2021; Ord. 15-2130, F:3 l (part), 2015; Ord. 2085, Fj2 (part),
2011; Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
All projects as provided for in Section 9.16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated organic
materials, solid waste, including grease and cooking oil.
Covered recyeling areas built to enclose solid waste,
recycling and organics containers, and grease tallow bins are
considered aecessory structures and are thus subject to the
provisions of Chapter 19. 100.
A. Recycling areas shall not be located in any area
required to be constructed or maintained as unencumbered,
according to any applicable federal, state or local laws
relating to fire, access, building, transportation, circulation
or safety.
B. The development of new or modified recycling
areas shall gen.erally comply with the City's Public Works
Guidelines for "Non-Residential Building Trash &
RecycIing En.closures or Guidelines for Multi-Family
Iwelling (5 or more units) Trash and Recycling
Enclosures. "
C. Any costs associated with adding garbage and
recycling enclosure storage space to existing development
projects shall be the responsibility of the project applicant or
owner.
D. Recyeling areas for existing multiple tenant
development projects shall, at a minimum, be sufficient in
capacity, number, and distribution to serve that portion of
the development projcct leased by the tenant who submitted
an application resulting in the requirement of a recycling
area under Section 9.16.030.
E. Outdoor Public Recycling, Organics and Garbage
Containers:
1. Trio set(s) must be installed by the project
applicant or property owner at all new, improved or
modified business structures. An alternative set of bins that
provide equal containrnent of public litter may be allowed if
deemed appropriate by the Director. If the Director
determines that the potential impact fromlitter in the 'vicinity
of the business is negligible, this requirement may be
waived.
2021 S-84
37 Protected Trees 14.18.130
B. Where approval of a tree removal permit that is
subject to the notice and posting requirements of this section
is granted by the City, the property owner shall retain the
posted notice on site until the tree is removed.
C. Specimen trees with single trunk under
twenty-four inches DBH or multi-trunk under forty-eight
inches DBH, and trees listed under exemptions in Section
14. 18. 150 do not require notice or posting. (Ord. 14-2126,
§ 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013; Ord. 2085,
8, 2 (part), 2011; Ord. 2003, 2007)
14.18.140 Tree Management Plan.
A tree management plan may be appi'oved for a
property that includes criteria for the removal of certain
trees in the future by anticipating the eventual growth of
trees on the propeity and specifying a time frame in svhicli
the trees may require removal to prevent overcrowding of
trees. Additional criteria may be considered for the pl'iased
removal of trees, including, but not limited to: site
maintenance, accessibility improvements, natural tree
lifespan, and landscape/site improvements that are
determined to be appropriate by the Community
Development Director.
A. Application. An application for a tree
maiiagement plan shall contain the following:
1. A tree plan indicating all existing trees to be
retained and all new trees to be planted that are part of tlie
approved landscape plan;
2. Labeling of the species, size in DBH at planting
time or at time of tree management plan approval, location
and eventual growth size of each tree on the plan;
3. A written explanation of the specific tree(s) to be
removed, ii'icluding the eventual growth size in DBH at
which time tlie tree is t.o be removed, and a tinxe frame in
which the tree(s) will reach the eventual growth size;
4. Tree survey plan indieating the number,
location(s), variety and size (measured four ai'id a ha.lf feet
above grade) of tree(s) to be removed;
5. A strategic replacement planting plan to manage
growth during tree growth phases;
6. An arborist report from an arborist certified by
the International Society of Arboriculture for all mahire
specimen trees; and
7. Notice and posting to residence, Section
14.18.130.
B. Approyal authority. An application for a tree
management plan in conjunction with a development
application shall be considered by the approval authority
concerning the same property as tlie affected tree
management plan application, and the determination on the
tree management plan shall be made concurrently by the
approval authority. In the instance where a development
applicant is not required per 'I'able 19. 12.030, the Director
of Community Development shall review and approve the
tree management plan.
C. Recordation. The property owner sliall have
retention irfformation placed on the property in accordance
with Section 14.18.100, referring tlie approved tree
management plan, upon approval.
D. Permits. Trees that are listed to be removed in the
tree management plan may be removed within the specified
time fran'ie per the tree management plan without a tree
removal permit, except for trees designated as heritage
trees. (Ord. 14-2126, § 3 (part), 2014; Ord. 13-2107, 8,1
(part), 2013; Ord. 2085, F§ 2 (part), 2011; Ord. 2003, 2007)
14.18.150 Exemptioris.
A. A tree ren"ioval pern'iit is not required in the
following situations:
1. Non-mature specimen tree(s) with single-trunk
less than twelve inches D.BH or multi-trunk less than
twenty-four inches DBH.
2. Thinnii'ig out/removing of trees in accordance
with a recorded tree management plan that lias been
approved in accordance with Section 14. 18. 140.
3. Public utility actions, under the jurisdiction of the
Public Utilities Conunission of the State of California, as
may be necessary to comply with their safety regulations, or
to maintain the safe operation of their facilities.
B. Thefollowingcircumstanceswarranttheremoval
of trees prior to securing a permit from the City; however
a tree removal permit application, with no application fees
or noticing required, must be filed withii'i fiye working days
as described in Sections 14. 18. 170. Tree replacements may
be required in conjunction with approval of this tree removal
pernut (Section 14.18.160):
1. Removal of a protected tree in case of emergency
caused by the hazardous or dangerous condition of a tree,
requiring imntediate action for the safety of life or property,
including but not limited to, (e. g., a tree about to fall onto
a principle dwelling due to heavy wind velocities, a tree
deemed unsafe, or a tree liaving the potential to imniediately
damage existing or proposed essential structures), but only
upon order of the Director of Community Development, or
any member of the sheriff or fire department. However, a
subseqrient application for tree removal must be ffled within
five working days as described iix Sections 14.18.110
tlu'ough 14.18.120. The Director of Community
2014 S-46
14.18.150 Cupertino - Streets, Sidewalks and Landscaping 38
Development will approve the retroactiye tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this sihiation.
2. Dead trees, as determined by the Director of
Community Development prior to remoyal. However, a
subsequent application for a t.ree removal must be filed
within five working days as described in Section 14. 18. 110
through 14.18.120. The Director of Community
Development will approve the retroactive tree removal
permit application and may require tree replacements in
conjunction with the approval. No application fee or other
approval process shall be required in this situation. (Ord.
14-2126, F3 3 (part), 2014; Ord. 13-2107, § 2 (part), 2013;
Ord. 2085, F3 2 (par), 20LI; Ord. 2003, 2007; Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 7.1, 1991)
14.18.160 Tree Replacement
A. Tree replacement:
1. The approval authority may impose the following
replacement standards for approval of each tree to be
removed in conjunction with an approved tree removal
permit, iu'iless deemed otherwise by the approval authority.
Table 14.18.160A may be used as a basis for this
requirement.
Table I4.18.160A - Replacentent Tree Guidelines
2. The approval authority shall work with the
applicant/property owner of the tree removal permit to
determine the location of the replacement tree(s).
B. In lieu fees. The following provisions apply to all
zones unless otherwise noted below:
1. Ifareplacementtreecannotreasonablybeplanted
on the subject property as determined by a certified arborist,
an in-lieu fee shall be paid by the person requesting the tree
removal permit. Fees shall be paid to the City's Trec Fund
tO:
a. Add or replace trees on public property in the
vicinity of the subject property; or
b. Add trees or landscaping on other City property.
2. The in-lieu fee for a mature specimen tree with
trunk size equal to or less than thirty-six inches, shall be
based upon the purchase and installation cost of the
replacement tree as determined by the Director of
Cornrnunity Development.
3. The in-lieu tree replacement fee for a heritage
tree or tree with a trunk size greater than thirty-six inches,
shall be based upon the valuation of tl'ie removed tree by
using the most recent edition of the ISA Guide for Plant
Appraisal published by the Council of Tree and Landscape
Appraisers.
4. If the subject property is within the Rl, Al, A,
RHS, and R2 zones, the person requesting the tree removal
permit has the option to pay the fee in-lieu of planting a
replacement tree. Wliere the applicant would Like to plant a
replacement tree, but demonstrates it is physically infeasible
to plant on the subject property, the in-lieu fee shall be
based on the purchase and instalIation cost of the
replacement tree as determined by the Director of
Community Development. In cases where it is physically
feasible to plant, but the applicaiit chooses to pay the in-lieu
fee instead of planting a rcplacement tree on the subject
property, payment shall be equivalent to one and one-half
the calculated in-lieu tree replacement fee. (Ord. 14-2126,
S, 3 (part), 2014; Ord. ]3-2017, 'g 2 (part), 2013; Ord. 2085,
F3 2 (part), 2011)
Diameter of Trunk Size of
Removed Tree (Measured
4'A feet above grade)
Replacement Trees
Up to 12 inches*One 24" box tree
Over 12 inches and up to 18
inches
Two 14" box trees or
One 36" box tree
One 36" box tree
Over 18 inches and up to 36
inches
Over 36 inches
Heritage tree One 48" box tree
* Does not apply to Rl, Al, A, RHS, and R2 zones
except required privacy plantings trees in Rl zones
14.18.170 Retroactive Tree Removal Permit.
An application for a retroactive tree removal shall be
required for any protected tree removal prior to approval of
a tree removal pernnt. The application shall be filed with the
Development of Community Development on forms
prescribed by the Direetor of Community Development and
shall be subject to the requirements of a tree removal
pernut, The applicant shall pay a retroactive tree removal
permit fee as determined by the Director of Community
Developn'ient. (Ord. 14-2126, 8, 3 (part), 2014; Ord.
13-2107, 8, 2 (part), 2m3; Ord. 2085, § 2 (part), 2011 ; Ord.
2003, 2007)
2021 S-84 Repl.
19.56.010
CHAPTER 19.56: DENSITY BOh'US
Section
19.56.010
19.56.020
19.56.030
i9,56,040
19.56.050
19.56.060
19.56.070
19.56.080
Purpose.
Eligibility for density bonus.
Density bonus.
Tneentives nr concessions, waivers
and reduction of parking standards.
General requirements.
Application requirements.
Findings.
Interpretation.
19.56.010 Purpose.
The density bonus ordinance codified in tliis chapter is
intended to comply with the State Density Bonus Law,
Government Code Section 65915, whicl'i provides that a
local agency shall adopt an ordinance specifying how the
agency will comply with that section. (Ord. 16-2149, 8, 8,
2016)
19.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net iiicrease
of at least five units (excluding density bonus units) are
eligible for a density bonus as provided in this chapter, when
the applicaiit for the housing development agrees or
proposes at least one of the following and meets the
requirements of Section 19.56.020C, if applicable:
1. Constr'uct:
a. Ten percent of the total units affordable to lower
income households at affordable rent or affordable housing
cost; or
b. Fiye percent of the total units affordable to very
low income households at affordable rent or affordable
housing cost; or
c. Ten percent of the total units proposed in a
common interest development for sale to moderate ineome
households, provided that all units in the development are
offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in aecordance with Section
19.56.030C;
3. Provide affordable liousing in a condon'iinium
conversion project in accordance with Section 19.56.030E.
B. In addition to meeting the requirements of
19.56.020A, a housing developrnent which ineludes a child
care facility in accordance with Section 19.56.030D, is
entitled to an additional density bonus;
C. Housing developments on sites occupied by rental
housing in the five-year period preceding the date of
submittal of a density bonus application must either meet or
proyide:
(1) Affordable units in accordance with Section
19.56.020A; or
(2) Replacement affordable units in accordaiice witli
Government Code Section 65915(c)(3)(B), whicliever
requires a greater number of affordable units.
D. An applicant may also submit a proposal for
specific incentives or concessions to be granted in
conjunction with the density bonus, as provided in Section
19.56.040;
E. The granting of a density bonus, incentive or
concession, in and of itself, shall not require a general plan
amendment, zone change, or other discretionary approval
and shall be reviewed concurrently with the re'view of the
housing development. (Ord. 16-2149, 8, 8, 2016)
19.56.030 Density Bonus.
A. Housing developments that meet the cyiteria in
Section 19.56.020A(1) and Section 19.56.020C, if
applicable, are eligible for a maxirniun density bonus as set
fortli in Table 19.56.030.
Table 19.56,030: Density Bonus Calculations
Income Level
of unit
Proportiori of
Total Affordable
Dwelling Units
Maximum
Density Bonus
Very Low
Income
5%20%
6%-11%("22.5%-35%
12% - 14% (2'38.75 % - 46.25 %
15%ormore 50 %
2021 S-84 105
19.56.030 Cupertino - Zoning 106
Income Level
of unit
Proportion of
Total Affordable
Dwelling Units
Maximum
Density Bonus
Low Income 10 %20 %
11 % - 20 % "21.5% _ 35%
21 % - 23 % ("38.75% - 46.25%
24 % or more 50 %
Moderate Income
(Com_xrion iiiterest
developments)
10%5%
11 % - 40 % (5'6 % - 35 %
41 % - 43 % (6'38.75% - 46.25%
44 % or above 50 %
Affordable
Housing
Development
100 % ("80% or as
specified in
Government
Code Section
65915
(" For each 1 % increase over 5 % of the target units,
the density bonus shall be increased by 2. 5 %, up to a
maximum of 35%.
(2) For each 1 % increase over 11 % of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(3) For each 1 % increase over 10% of the target units,
the density bonus shall be increased by 1.5%, up to a
maximum of 35 %.
(4' For each 1 % increase over 20% of the target units,
the density bonus shall be increased by 3. 75 %, up to a
maximum of 50%.
(5' For each 1 % increase over '.I_O% of the target units,
the density bonus sliall be increased by 1 %, up to a
maximum of 35 %.
(6' For each 1 % increase over 40% of the target units,
the density bonus shall be increased by 3.75 %, up to a
maximum of 50%.
(" Must meet the requirements of Government Code
Section 65915(b%l%G) or successor provision.
B. Senior housing developments are entitled to a
maximum density bonus of 20 percent provided the
development comprises of at least 35 units, conforms to
Civil Code Section 51.3 and tl'ie units are reserved for
qualifying residents. The development does not l'iave to
provide affordabIe units unless subject to Section
19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to
a housing developer approved by the City in accordance
with the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development
shall be entitled to a 15 percent density bonus. The
development is entitled to an additional one percent density
bonus for the donation of land that would allow the
development of an additional one percent of affordable units
abovetheminimurnrequirements inSection 19.56.020A(1),
up to a maximum of 35 percent.
2. The donation of land must meet the following
reauirements:
a. The land shall be donated and transferred no later
than the date of appro'val of the housing development, final
subdiyision map, parcel map, or building permit, whicheyer
occurs first.
b. Thedevelopableacreageandzoningclassification
of the laiid being transferred are sufficient to permit
construction of units affordable to very low income
households in an amount not less than ten percent of the
number of residential units of the proposed development.
c. The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40 units,
has the appropriate General Plan designation, is
appropriateIy zoned with appropriate development standards
for development at the density described in Government
Code Section 65583.2(c%3), and is or will be served at the
time of construction, by adequate public facilities and
in.frastructure.
d. The transferred land shall have all of the permits
and approvals, other than building permits, necessary for the
development of the very low income housing units on the
transferred land no later than the date of approval of the
final subdivision map, parcel map, or building permit,
whicliever oceurs first, except that the City may subject the
proposed development to subsequent design review to the
extent authorized by Government Code Section 65583.2(i)
if the design is not reviewed by the City prior to the time of
transfer.
e. The land shall be transferred to the City or to a
l'iousing developer approved by the City. The City may
require the applicant to identify and transfer the land to the
developer.
f. The transferred land shall be within the boundary
of the proposed development or, if the City agrees, within
one-quarter mile of the boundary of the proposed
development.
g. A proposed source of fundii'ig for the very low
income units shall be identified not later than the date of
approval of the proposed housing development.
2021 S-84
107 Density Bonus 19.56.030
h. The transferred land and the affordable units shall
be subject to a deed restriction ensuring continued
affordability of tlie units consistent with Section
19.56.050A, such deed restriction shall be recorded at the
time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that
contains affordable housing, as provided in Section
19.56.030A and Section 19.56.030C, and includes a child
day care facility that will be located on the premises of, as
part of, or adjacent to, the project, the City shall grant either
of the following if requested by the developer:
B., An additional densitv, bonus in residential square
footage that is equal to or greater than the square footage of
the child day care facility.
b. An additional concession or incentive tliat
contributes significantly to the eeonomic feasibility of the
construction of the eliild day care facili.ty in accordance witli
Section 19.56.040.
2. The City shall also require that as a condition of
approving the liousing development:
a. The clffld day care facility shall remain iii
operation for a period of tii'ne that is as long as or longer
than the period of time during which tbe affordable units are
required to remain affordable.
b. Of the children who attend the child day care
facility, the children of very 10w income households, lower
income households, or families of moderate iiicome shall
equal a percentage that is equal to or greater than tlie
percentage of dwelling units that are required for very lout
incomehouseholds, lower income households, or families of
moderate income.
3. Notwithstandiiig any requirement of Section
19.56.030D, the City shall not be required to provide a
density bonus or concession for a child day care facility if
the City finds, based upon substantial evidence, that the City
has adequate child day eare facilities.
E. Condonum Conversions
1. When an applieant for approval of a condorninium
conversion agrees to provide at least 33 percent of the total
units of the proposed condon'iinium project to low or
moderate income households, or 15 percent of the total units
of the proposed condominium project to lower income
households; to include the affordable units required by
Section 19.56.020C, if applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by tlie
City, the City shall either:
a. Grant a density bonus of 25 percent over the
niunber of apartments to be provided within the existing
structure or structures proposed for eonversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reduction or waiver of requirements that the Cky
might otherwise apply as conditions of conversion approval.
2. The City may place sueh reasonable conditions on
the granting of a density bonus or other incentives of
equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to
a deed restriction ensuring continued affordabiliiy to lower
or moderate income households consistent with Section
19.56.050A.
3. An application shall be ineligible for a density
bonus or other incentives under this section, if the
apartments proposed for coriversion constitute a housing
development for which a density bonus or other incentives
were previously provided under Goveriunent Code Section
65915 or tliis Chapter.
4. Nothing in this section shall be construed to
require the City to approve a proposal for a condominium
conversion. Condominium conversions are subject to the
requirements of Chapter 19. 116.
F. Density Bonus Calculations:
1. A density boxius may be selected from only one
category listed in Section 19. 56.020A(1), except that density
bonuses for land donation n'iay be combined with others, up
to a combined maximum of 50 percent, and an additional
square-foot bonus may be granted for a child day care
Facility as provided in Section 19.56.030C.
2. In determiniitg the niunber of density bonus units
to be granted, any fractions of density bonus units shall be
rounded up to the next whole number.
3. Density bonus units authorized by this section
shall not be included when determining the number of
affordable units required to qualify for tlie density bonus. In
deterrnining the number of affordable units required to
qualify for a density bonus, any fractions of affordable units
shall be rounded up to the next whole number.
4. An applicant may request a lower density bonus
than the housing development is entitled to, but no reducjion
will be pern'iitted iii the percentage of required affordable
units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the percentage of affordable units,
no housiixg development will be entitled to a density bonus
of more than provided in Government Code Section 65915,
-unless approved by the City pursuant to Section
19.56.030F(6).
6. The City, at its discretion, may grant a density
bonushigherthantliemaximumsetforthinTable 19.56.030
or in paragraph (5) above to a housing development where
all units (except manager's unit(s)) are affordable to lower
income l"iouseholds.
2021 S-84
19.56.030 Cupertino - Zoning 108
7. For purposes of caleulating a density bonus, the
residential units do not have to be based upon individual
subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing development
other than the areas where the affordable units are located.
(Ord. 21-2230, S, 3, 2021; Ord. 21-2226, §§ 3.1, 3.2, 2021;
Ord. 16-2149J 8, 2016)
19.56.040 Incentives or Concessioris. Waivers and
Reduction of Parking Standards.
A. Incentives or Concessions
1. A housing development is eligible for incentives
coneessions must be selected from only one category (very
low. low. or moderate'). No incentives or concessions are
available for land donation or (or a senior citizen housing
development that is not affordable. Condominium
conversions and day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not
both.
Table 19.56.040A: Incentives or Concessions
Calculations:
2. For purposes of this chapter, permissible
incentives or concessions include, but are not limited to:
a. A reduction of development standards or a
modification of zoning code requirements or architectural
design requirements that exceed the minimum building
standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety
Code, ineluding but not limited to, a reduction in setback
requirements, square footage or parking requirements, such
that the reduction or modification results in identifiable,
financially sufficient, and actual cost reductions.
b. Approvalofn'ffxed-usezoninginconjunctionwith
the housing development if commercial, office, industrial or
other land uses will reduce the cost of the housing
development, and if the commercial, office, industrial or
other land uses are compatible with the housing development
and the existing or planned development in the area where
the proposed housing development will be located;
c. Other regulatory incentives or concessions
proposed by the developer or the City, which result in
identifiable, financially sufficient, and actual cost
reductions.
3. Nothing in this section requires the provision of
direct financial incentives for the housing development,
including but not limited to ihe provision of financial
subsidies, publicly owned Iand by the City or the waiver of
fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct financial
incentives ;
4. Ahousingdevelopmentwhichrequestsincentives
or concessions must demonstrate, in compliance with
Section 19.56.060B, that the requested incentives or
concessions are required to provide for affordable rents or
affordable housing costs, as applic.able.
Unit Type
'Jery Low
Income Units
I
Percent of
Affordable
Units
Number of
.[neentives/
Concessions
5 % or g,reater 1
10% or greater 2
15 % or greater 3
Low Income
Units
10% or greater l
17 % or greater 2
24% or greater 3
Moderate
Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Affordable
Housing
Development
100%"4
* Must meet the requirements of Government Code Section
65915(b%l)(G) or successor provision.
2021 S-84
108A Density Bonus 19.56.040
B. Waiyers:
1. An applicant may submit to the City a proposal
for the waiver or reduction of development standards that
will have the effect of physically precluding the construction
of a housing development meeting the criteria outlined in
Section 19.56.020 at the densities or uiith the coxicessions or
incentives permitted under this chapter.
2. A proposal for the waiver or reduction of
development standards shall neither reduce nor increase ihe
number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A.
3. The applicai'it shall demonstrate that the
development standards that are requested to be waisied will
have the effect of physically precluding the construction of
the development with the density bonuses and incentives or
concesmons.
C. Reduction of Parking Standards:
1. If a housing development is eligible for density
bonus as provided in Section 19.56.020, upon request of the
applicant, themaximumoff-streetparkingstandards thatcan
be applied to the l'iousiiig porti.on of the development,
inclusive of handicapped and guest parkin,g are iiidicated in
Table 19.56.040B. These may inelude tandem and
uncovered parking spaces but not on-street parking spaees.
Table 19.56.040B: Off-street parking standards for
pro,jects eligible for a density bonus:
Number of
bedrooms
Maximum number of required
off-street parking spaces
O-1 One (1)
2-3
4+
Two (2)
Two and one-half (2.5)
2. For certain other housing developments that are
eligible for a density bonus as provided in Section
19.56.02.0, upon request of the applicaiit, the maximum
off-street parking standards that can be applied for the
liousing portion of the development, iiiclusive of
liandicapped and guest parking, are indicated in Table
19.56.040C. These may include taixdem and uncovered
parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing developments:
Type of development Maximum number of required
off-street parking spaces
1. Rental or ownership l'iousing development with:
a. At least 11 % very low income or 20 % low income units; and
b. Within one-half n'fflle of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per bedroom
2. Rental housing developrnent with:
a. All units affordable to lower income households except
manager's unit(s); and
b. Within one-half mile of a Major 'T'ransit Stop; and
c. Unobstructed Aceess to the Major Transit Stop.
0. 5 per unit
3. Rental housing development with:
a. All units affordable to lower income houseliolds except
manager's iu'iit(s); and
b. A senior citizen housu'ig development; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service tliat operates 8
times per day, with Unobstructed Access to that service.
0. 5 per unit
4. Rental housing development with:
a. All units affordable to lower income households except
manager's unit(s); and
b. A Special Needs Housing development; and eitl'ier
c. Has paratransit service; or
d. Is within one-half nnle of fixed bus route service that operates 8
times per day, with Unobstructed Access to that service.
0.3 per unit
2016 S-58
19.56.040 Cupertino - Zoning 108B
3. If the City, at its cost, has conducted an area-wide
or City-wide parking shidy in the last seven years, then the
City may find, based on substantial evidence, 'aiat a higher
parking ratio is required than shown in Table 19.56.040C.
In no event, may the required parking be greater than the
ratio shown in Table 19.56.040B. The parkiiig study must
conform to the requirements of Government Code Section
65915(p)(7). (Ord. 21-2230, el3, 2021; Ord. 1.6-2149, § 8,
2016)
19.56.050 General Requirements.
A. Affordable rental low and very low income units
mtast rem2in aHHnrdahie tO low or verv low income
households, as applicable, for fifty-five (55) years or for a
longer period of time if required by a constniction or
mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to
moderate-income households for the duration required by
Chapter 19. 172, BeIow Market Rate Housing Program and
implementing procedures and policies adopted by the City
Council, or for a longer period of tinie if required by a
construetion or mortgage financing assistance program,
mortgage insurance program, or subsidy program. Sales
price for for-sale affordable very low, low, and moderate
income units shall be set at affordable housing cost. Rents
for affordable low and very IOw income rental units shall be
set at an affordable level.
B. The affordable dwelling units and land dedication
that qualify a housing development for a density bonus may
also be used to meet the below-market-rate housing
provisions of the City's Residential Housing Mitigation
Program, provided that the affordable units and land
dedication comply with the requirements of both Chapter
19.56, Density Bonus, Cliapter 19. 172, Below Market Rate
Housing Program; and in'iplementing proeedures and
policies adopted by the City Council regarding the required
number of affordable units, required level of affordability,
and term of affordability so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other funding
sources, to the extent consistent with fair iiousing laws,
preferences for the affordable units will be given as
specified in Chapter 19.172, Below Market Rate Housing
Program, aixdiinplen'ientiixgproceduresandpoliciesadopted
by the City Council.
D. An agreement sliall be entered iiito between the
developer and the City to ensure compliance with the
provisions of this chapter and state Jaw and shall include,
without. Iimitation the household type, number, location,
size, affordability, and construction scheduling of all
affordable units, and sucli information as sliall be required
by the City for the purpose of deterrnining the developer's
compliance with this chapter. For rental affordable very Iow
and low income units, the agreement shall additionally
contain, without limitation, provisions for certification of
tenant incomes, reporting and monitoring of affordable
units, and management and maintenance of affordable units.
E. The agreement shall be recorded against the
housing development prior to final or parcel map approval,
or, prior to issuance of any building permits, whichever
occurs first, and shall be binding on all future owners and
successors m mterest.
F. Affordable units in a pro3ect and phases of a
project shall be constructed concurrently with or prior to the
construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordableunitsshallbedispersedthroughoutthe
project;
2. Affordable units shall be identical with tfie design
of any market rate rental units in the pro'3ect with the
exception that a reduction of interior amenities for
affordable units wi.ll be permitted upon prior approyal by the
City Council as necessary to retain project affordability.
H. Prior to the rental or sale of any affordable unit,
the City or its designee, shall verify the eligibility of the
prospectiye tenant or buyer. All affordable units shall be
occupied by the household type that qualified the housing
development for the density bonus and incentives or
concessions.
I. The City may establish fees for processing
applications under this chapter and recovery of costs
associated with the establishment and monitoring of
affordable units. (Ord. 16-2149, 8, 8, 2016)
19.56.060 Application Requirements.
A. An applicant may subn'fft a preliminary proposal
for housing developn'ient for a density bonus and incentives
or concessions prior to the submitta] of any formal
application.
B. All requests pursuant to this Chapter shall be
submitted to the City concurrently with the application for
the first discretionary permit or other permit required for the
housing developrnent and shall be processed concurrently
witli the discretionary application following the review
process as set forth for permits in Chapter 19.12,
Administration, of the Cupertino Municipal Code
established by the City. The applicant shall provide
additional information as specified in this cl'iapter,
specifically:
1, A summary table showing the maximum number
of units permitted by the zoning and general plan excluding
any density bonus units, proposed affordable units by
2021 S-84
108C Density Bonus 19.56.060
income level, proposed bonus percentage, proposed number
of density bonus units, and total number of proposed
dwelling units on site;
2. A site plan, drawn to scale, showing the number
and location of all proposed units, designating the location
of proposed affordable units and density bonus units and the
type, size, and constniction scheduling of affordable and
market-rate units;
3. For a housing development that replaces rental
housing on a site within the five-year period preceding the
date of an application:
a. A description and documentation of all dwelling
iinil5 existir'ig rin the site in the five-year period preceding
the date of subn'iittal of the application and identification of
any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, iiicome and
household size of all residents of the oceupied units. If any
dwelling units on the site were rented in the fiye-year period
but are not currently rented, the incon"ie and liousehold size,
if known, of residents occupying dwelling units when tlie
site contained the maximum number of dwelling unfits; and
b. Documentation of recorded covenant, ordinance,
or law applicable to the site that restricted rents to levels
affordable to very low or lower income households iii the
five-year period preceding the date of submittal of the
applieation.
4. If a density bonus is requested for a laiqd
donation, the location of the land to be dedicated, proof of
site control, and evidence that each of the requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is
requested for a child care facility, evidence that all of tlie
requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or concession is
requested for a condominium conversion, evidence that all
of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various
incentives or concessions, waivers and reduction in
off-street parking standards requested;
8. To ensure that each incentiye or concession
coritributes significantly to the econonuc feasibility of the
proposed affordable housing, for any incentive(s) or
concession(s) requested, the followiing shall be submitted:
a. A project financial report (which may be in the
form of a pro fom'ia) demonstrating that tlie requested
incentive(s) or concession(s) will res'i.ilt in identifiable,
financially sufficient, and actual cost reductions to the
housing development and that they are required to provide
for affordable rents or affordable housing eosts, as
applicable. The financial report shall include the capital
costs, operating expenses, return on investment,
loan-to-value ratio arid ihe debt coverage ratio including tlie
contribution(s) provided by any applicable subsidy
prograin(s);
b. An appraisal report indieating the va).ue of the
density bonus and of the incentive(s) or concession(s); and
c. A use of funds statement identifying the financial
gaps for the housing development with the affordable
housing units. The analysis shall show how the funding gap
relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City
expects to ineur in retaining consultant(s) and in
adrnix'iistering consultant contract(s) to provide apeer review
of the above information. However, if the applicant is a
federally recognized nonprofit organization proposing a
liousing development ivhere all units (except manager's
unit(s)) are affordable to lower incon'ie households, the cost
of consultant(s) may be paid by the City upon prior approval
of tlie City Couneil;
9. For any requested waiver of a development
standard, plans showing the existing development standard,
tlie requested waiver and a demonstration tliat the
development standard for which the waiver is requested will
have the effect of pl'iysically precluding the constx'uction of
tlie housing development with the density bonus and
incentiyes or concessions that the applicai'it is entitled to.
10. If a mixed use building or project is proposed as
an incentive or concession, evidence that non-residential
land uses will reduce the cost of the housing development
and that tlie non-residential landuses are compatible with tlie
development and the existing or planned developrnent in the
area.
11. If a parking reduction is proposed, a table
showing parking otherwise required by the zoning ordinance
and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing
development is eligible for the requested parking reduction.
12. Any other information requested by the Director
of Community Development to determine if the required
findings can be made. (Ord. 16-2149, § 8, 2016)
19.56.070 Findings.
A. Before approving an application that includes a
request for a density bonus, incentive or concession, waiver
or reduction in parking standards, pursuant to this chapter,
the decision-making body shall determine that the proposal
is consistent with State Law by making the following
findings, as applicable:
1. That the housing development is eligible for the
density bonus requested and any incentives or concessions,
waivers or reductions in parking standards requested.
2016 S-58
19.56.070
Cupertino - Zoning
108D
2. That all the requirements included in Section
19.56.030C have been met, if the density bonus is based all
or in part on donation of land.
3. That all the requirements included in Section
19.56.030D have been met, if the density bonus or
incentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section
19.56.030E have been met, if the density bonus or incentive
or concession is based on a condoxninium conversion.
5. That the requested incentive(s) or concession(s)
will result in identifiable, financially sufficient, and actual
cost reriuctions based up@n the financial analysis and
documentation provided by the applicant and the findings of
the peer-reviewer, if incentive(s) or concession(s) are
requested (other than mixed use development).
6. Thattheproposednon-residentiallanduseswithin
the proposed development will reduce the cost of the
liousing development and are compatible with the housing
development and the existing or planned development in the
area where the proposed development will be Iocated, if an
incentive or concession is requested for mixed use
development.
7. That the development standard(s) for which the
waiver(s) are requested would have the effect of physically
precluding the constniction of the housing development with
the density bonus and incentives or concessions permitted,
if a waiver is requested.
8. That all the applicable requirements in Section
19.56.040C have been met, if a reduction in off-street
parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this
section, as applicable, can be made, the decision-making
body may deny an application for an incentive or concession
or waiver requested pursuant to Section 19.56.040 only if
one of the following written findings as applicable to each
type of application, supported by substantial evidence:
1. That the incentive or concession, or waiver would
have an adverse impact on real property listed in the
California Register of Historic Resources; or
2. Thattheincentiyeorconcession,orwaiverwould
have a specific, adverse inipact upon public health or safety
or the physical environment, and there is no feasible method
to satisfactorily mitigate or ayoid the specific, adverse
impactwithoutrenderingthe residential projectunaffordable
to low and moderate income households. For the purpose of
this subseetion, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact,
basedonobjeetive, identified, writtenpublichealthor safety
standards, policies, or conditions as they existed on the date
that the application for the residential project was deemed
complete; or
3. That the incentive or concession, or waiver is
contrary to state or federal law.
C. Anapplieationforanincentiveorconcessionmay
also be denied if the decision-making body makes the written
finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide
for affordable housing costs or affordable rents.
D. If the findings required by subsection A. of this
section can be made, the decision-making body may deny an
application for a density bonus or incentive or concession
that is based on the provision of child care only if it makes
a written finding, based on substantial evidence, that the city
already has adequate child care facilities. (Ord. 16-2149,
§ 8, 2016)
19.56.080 Interpretation.
lf any portion of this Chapter 19. 56 conflicts with State
Density Bonus Law (Government Code Section 65915 et
seq.) or other applicable state law, state law shall supersede
this Chapter. Any ambiguities in this section shall be
interpreted to be consistent svith State Density Bonus Law.
All code references in tins Chapter include all successor
provisions.
(Ord. 21-2230, 8, 3, 2021)
2021 S-84
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 Oceupancy Tax),
§ 19.08.030 (definitions), §§ 19.]2.090,
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 sl'iort-term rerital
uses in residential zoning districts (3. 12,
5.08, 19.08, 19.12, 19.20, 19.120)
Amends §§ 1.04.010 through 1.04.060
(adds new 8, 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and LO8.020) right oC
entry for inspection; repeals and
readopts Cli. 1.09 (§§ 1.09.010 througli
1.09. 110) nuisaixce abatement; repeals
and readopts Ch. 1. 10 (Ei§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Crin'mal Enforcement), amends
8, 1. 12.010 and 8, 1. 12.020 aiid repeals
§ 1.12.030 (1.04, 1.08, 1.09, 1.10,
1.12)
An urgency ordinarice authorizing
outdoor dining operations pursuant to a
special temporary outdoor dii'mg pern'fft
(Not Codified)
Amends F3 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursua:iit to a
special temporary outdoor diiig perm3t
(Not Codified)
Amends !§ 2.88.100, duties-powers
responsibilities (2.88)
Adopts FH 2.20. 120, electronic filing of
campaign statements (2.20)
Amends F3 11.24.150, patking
prohibited along certain streets (11.24)
Urgency ordinance ten'iporarily wiaiving
perinit fees for certain temporary
coinmercial signs and banners (Not
Codified)
Amends §§ 10.48.010, 10.48.051,
community noise control for leaf blowier
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,
concerning 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, minimum wage
(3.37)
Amends Ch. 2.40 title and §§ 2.40.OLO,
2.40.025, 2.40.040, 2.40 050,
2.40.060, 2.40.080, and2.40.llO,
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 tl'irough 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 through
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 impacts
under CEQA (17.08)
Adds Ch. 19.102, §§ 19.102.010
through 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 inxplement bird-safe and
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
Amends FB 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List
Ord. No.
21-2227
21-2228
21-2229
21-2230
21-2231
Amends Ch. 10. 90, srnoking
regulations; adds §§ lO.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 coneerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(NOt (I:odifierl)
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,
c.oncerning organic waste disposal
reduction (6.24, 9. 16)
2021 S-84
13 Index
FIREWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
'variance conditions 16.52.061
Appeals, generally 16.52.030
Applicability of provisions 16.52.011
Basis for establishing the areas of special flood
liazard 16.52.012
Compliance 16.52.013
Construction
materials and methods 16.52.042
standards 16.52.040
Definitions 16.52.010
Development permit 16.52.022
Elevation and floodproofing 16.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclaimer 16.52.016
Manufactured homes, standards for 16.52.053
Recreational vehicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdivisions and other proposed development,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warning and disclaimer of liability 16.52.Oi6
FOOD EST ABLISHMENT
See RESTAURANT
FRANCHISE
Cable tele'vision
See CABLE AND VIDEO SERVICES
California water service
designated 6. ]6.010
gross annual receipts, percentage pa)iinent to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino garbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitions 6.12.010
designated 6. 12.020
granting authority 6.12.070
gross receipts
percentage payment to city 6. 12.050
total, report required 6. 12.060
maintenance requirements 6.12.030
term 6.12.040
Pacific Gas and Electric Con'ipany
See Electricity
See Gas
Sap Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
eity 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Solid waste
See GARBAGE
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREET
IMPROVEMENT FUND
2021 S-81
Cupertino - Index
14
-G -
GARAGE, PATIO SALE
Definitions 5.16.020
Enforcement 5. 16.060
Findings 5.16.010
Goods display 5. 16.050
Limitation 5.16.030
Sign
See also SIGN
regulations generally 19. 104.250
restrictions 5.16.040
Violation
penalty 5.16.070
presumption 5.16.041
GARBAGE
Administration, enforcement, regulations adoption
6.24.230
Burning, restrictions 6.24.090
Collection
See also Speeific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recycling
charges for 6.24. 150
commencement, time limits 6.24.040
entitlement to collect for 6.24. 160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.020
Delinquent account
notification 6.24. 170
remedies for 6.24. 180
Disposal
explosive, hazardous materials 6.24. 100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24. 1 10
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling
mandatory edible food recovcry 6.24.038
mandatory non-organic recycling for businesses
6.24.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recycling center, operation, use 6.24. 190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASES
GENERAL PENALTY AND CRIMINAL
ENFORCEMENT
See PENALTY AND CRIMINAL
BNFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GLASS AND LIGHTING ST ANDARDS
Applicabilityofregulations 19.102.020
Bird-safedevelopmentrequirements 19.102.030
Outdoorlightingrequirements 19.102.040
Purpose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Proliibited IO.60.040
Purpose of proyisions IO.60.010
Remedies cumulative 10.60.080
Violation, penalty 10.60.090
2021 S-84
39 Index
Bus station, terminal
T zone 19.76.030
Business office
CG zone 19.60.030
Business seryice
CG zone 19.60.030
Cabinet shop
ML zone 19.64.020
Carpenter shop
ML zone 19.64.020
Caterer
ML zone 19.64.020
Cemetery
A-1 zone 19.20.020
A zone 19.20.020
CG zone
applicability of provisions 19.60.020
conditional uses 19.60.030
designated 19.16.010
development standards 19.60.060
excludeduses 19.60.030
land use activity 19.60.050
permits required for development ]9.60.040
pern'fftted uses 19.60.030
purpose 19.60.010
Cl'fflld day care facility
BQ zone 19.76.030
CG zone 19.60.030
R-3 zone 19.20.020
Churches, existing
ML-re zone 19.64.020
Civic organization
BQ zone 19.76.030
Club
BQ zone 19.76.030
CG zone 19.60.030
Coal sales
ML zone 19.64.020
Cold storage facilities
ML zone 19.64.020
ML-rc zone i9.64.020
Columbarium
A-1 zone 19.20.020
A zone i9.20.020
Cornrnercial photography
ML-re zone 19.64.020
Communication structures
A-1 zone 19.20.020
A zone 19.20.020
Competition and tournament facilities
FP zone 19.84.020
Compliance with provisions required 19.04.030
Conditional use permit, variance, development
permits application conditional use permit or
variance 19. 156.020
developmentpermit 19.156.010
approval authority 19.156.030
change of use 19. 156.070
conditional use permit 19.156.040
expansion or modification of permits
conditionaluse 19.156.060
planned development 19. 156.060
findings and conditions
conditional use permit 19. 156.040
planned development permit 19. 156.040
variances 19.156.050
planned development permit 19. 156.040
variances 19.156.050
Conditional uses
BA zone 19.76.030
BQ zone 19.76.030
CG zone 19.60.030
expansion 19.156.060
FP zone 19.96.040
ML zone 19.64.020
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.68.030
OP zone 19.68.030
OS zone 19.88.020
P zone 19.80.030
PR zone 19.92.020
Rl zone 19.28.030
RIC zone 19.44.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
T zone 19.76.030
Conflict of provisions 19.04.040
Congregate residence
A-I zone 19.20.020
A zone 19.20.020
BQ zone 19. 76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.m0
RHS zone 19.20.020
Convenience markets
CG zone 19.60.030
Conversion, apartment to community housing
applicabilityofprovisions 19.116.020
2012 S-31
Cupertino - hidex 40
application
procedures 19.116.060
requirements 19.116.050
parking 19.116.040
purpose 19.116.010
regulationsgenerally 19.116.030
Crematory
A-1 zone 19.20.020
A zone 19.20.020
Crops
A-1 zone 19.20.020
A zone 19.20.020
RHS zone 19.20.020
Culverts
OS zone 19.84.020
Dairy processing
A-1 zone 19.20.020
A zone 19.20.020
Dancehall
FP zone 19.84.020
Dance instruction
FP zone 19.84.020
Day care home, large .Farnily
A-1 zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Day care home, small family
A zone 19.20.020
Rl zone 19.20.020
RIC zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Deck, second story
See Accessory building, structure
Definitions
applicability, purpose of provisions 19.08.010
construction of provisions 19.08.020
Cupertino Standard Detail 7-2: Corner Triangle
- Controlled Intersections, Ch. 19.08,
Appendix A
Cupertino Standard Detail 7-4: Corner Triangle
- UncontrolIed Intersections, Ch. 19.08,
Appendix B
Cupertino Standard Detail 7-6: Sidewalk Site
Triangle (Sidewalk Clearance at
Drivewaysl Ch. 19.08,
Appendix C
designated 19.08.030
Examples of How to Measure Sign Area, Ch.
19.08, Appendix D
Delivery service
ML zone 19.64.020
ML-rc zone 19.64.020
Density bonus
application requirements 19.56.060
concessions 15.56.040
density bonus 19.56.030
eligibility for density bonus 19.56.020
findings 19.56.070
incentives or concessions, waivers and
reduction of parking standards 19.56.040
interpretation, 19.56.080
purpose 19.56.OI0
requirements generalJy 19.56.050
Development agreement
application
contents 19. 144.070
form 19.M4.060
qualificationrequired 19.144.050
authority of provisioris 19. 144.030
cancellation
city 19.144.200
mutual consent 19. I44. 190
rights 19.144.210
construction of provisions 19. 144.250
effect 19.144.240
execution, recordation 19.144.260
findings of faet, intent of provisions I9. 144.010
judicial review; time lirnitatiort 19.144.270
hearing
appealofdeternffnation 19.144.170
compliance; appeal 19.144.150
findings 19.144. 110
generally 19.144.090
irregularity in proceeding 19. 144. 120
noncompliance; appeal 19.144.160
plans, consistency witl'i
general 19.144.080
specific 19.144.080
purposeof 19.144.020
review, time for and initiation of 19. 144. 140
rules affecting 19.144.220
separate proeedure 19. 144.230
Districts
applicability of provisions 19. 16.060
designated 19.16.010
reference 19.16.020
Drainage ditches
OS zone 19.84.020
Drinking establishments
CG zone 19.60.030
Drive-in theaters
ML zone 19.64.020
Drive-through facilities
CG zone 19.60.030
2021 S-84