CC Ordinance No. 21-2234 to update the Municipal Code to improve City operations and bring the Cupertino Municipal Code up to dateORDINANCE NO. 21-2234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
UPDATE THE MUNICIPAL CODE TO IMPROVE CITY OPERA TIO NS AND
BRING THE CUPERTINO MUNICIPAL CODE UP TO DATE BY (1) ENACTING
CITY CODE SECTIONS 2.36.085 AND 2.74.075 AND CHAPTER 2.110;
(2)AMENDING SECTIONS 1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090,
2.86.070, 2.92.090, 3.23.060, 8.06.030, 14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020,
19.102 .030, AND 19.104.220 AND TABLE 19.124.040; AND (3) REPEALING SECTION
11.08.020
WHEREAS, the City Code of the City of Cupertino requires periodic updates in order to
improve City operations and bring the Code up to date with current law and policy; and
WHEREAS, this Ordinance makes minor revisions to the Cupertino Municipal Code to
reflect changes in law, provide clarification to the community, and provide for improved
customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A .
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions .
Ordinance No. 21-2234
Page 2
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, "CEQA") because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action would have
no or only a de minimis effect on the environment because it makes only minor, non-
substantive revisions to the Municipal Code. The foregoing determination is made by
the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937 .
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Cotmcil on
November 16, 2021 and ENACTED at a regular meeting of the Cupertino City Cmmcil
on December 7, 2021 by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN : None
Ordinance No . 21-2234
Page3
SIGNED:
~-0
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
~~o.~
Christopher D . Jensen, City Attorney
3 /z.o / 2..e, "t 'Z.-
Date
Date
Mar 10, 2022
Date
3/25/22
ATTACHMENT A-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO UPDATE THE MUNICIPAL CODE TO IMPROVE CITY
OPERATIONS AND BRING THE CUPERTINO MUNICIPAL CODE UP TO DATE BY
(1) ENACTING CITY CODE SECTIONS 2.36.085 AND 2.74.075 AND CHAPTER 2.110;
(2)AMENDING SECTIONS 1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090,
2.86.070, 2.92.090, 3.23.060, 8.06.030, 14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020,
19.102.030, AND 19.104.220 AND TABLE 19.124.040; AND (3) REPEALING SECTION
11.08.020
Text added to existing provisions is shown in bold double-underlined text ( example) and text to
be deleted in shown in strikethrough (e)cample). Text in existing provisions is not amended or
readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the
Code .
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
1. Amendments to Section 1.12.010 (Fines for Violations of Code)
1.12.010 Violation of Code.
A. It is unlawful for any person to perform any act that is prohibited, made or
declared to be unlawful or an offense by the code, or to violate any provision or fail to
comply with any of the requirements of this code. A violation of any provision or failing
to comply with any of the mandatory requirements of the code shall constitute a
misdemeanor, except where the violation is specifically declared to be an infraction.
B. Notwithstanding the above, any violation constituting a misdemeanor may, in the
discretion of the City Attorney, be charged and prosecuted as an infraction.
C. When a violation of a provision of this code which otherwise constitutes an
infraction continues to occur and the violator has been charged with a violation of the
same provision as an infraction on at least four separate occasions and within one year
has forfeited bail on each such occasion, in that event, the City Attorney, in his or her
discretion, may charge a violation of any such provision as a misdemeanor.
D. Unless otherwise specified by this code, an infraction is punishable by:
1. A fine not to exceed $100 for the first violation of a code provision;
2. A fine not to exceed $2050 for a second violation of the same code provision
within one year; and
3. A fine not to exceed $500 for each subsequent violation of the same code
provision within one year.
E. Unless otherwise specified by this code, a misdemeanor is ptmishable by a fine not
to exceed $1,000, imprisonment for a term not exceeding six months, or by both such
fine and imprisonment.
Attachment A -Page 1
Ordinance No. 21 -22 34
Page 2
F. Notwithstanding the foregoing ar.d unless othenvise specified by this code, a code
violation of§ 8 .01.030, f ..... '1:imals Running at Large, § 8.01.030, Pablic Nuisance,
§ 8.03 .010, Restraint of Dogs, § 13.01.1300, Behavior of Persons in Parks, and
§ 13.04.130P, Feeding J.AlaterfovA Prohibited, shall be subject to a mmcimam fine as
follov,rs:
1. Fifty dollars for the first violation of a code provision;
2. One hundred dollars for the second violation of the same code provision 1Nithir.
one year; and
3. Tv,ro hundred dollars for each subsequent violation of the same code provision
1Nithin one year
2 . Addition of Sections 2.36.085 and 2.74.075; Amendments to Sections 2.60.050,
2.68.050, 2.80.090, 2.86.070, and 2.92.090
New Section 2 .36.085 Added to the Municipal Code
2.36.085 Compensation-Expenses.
Members of the Park and Recreation Commission shall serve without compensation.
Commissioners may be reimbursed for necessary expenses reasonably incurred by
them while acting in their official capacity subject to the approval of the City Manager.
2.60.050 Compensation-Expenses.
Members of the Public Safety Commission shall serve without compensation, but all
necessary expenses reasonably incurred by them while acting in their official capacities
shall be paid by appropriate action of the City Council. Commissioners may be
reimbursed for necessa1:y expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
2.68.050 Compensation-Expenses.
Members of the Library Commission shall serve without compensation, but all
necessary expenses reasonably incurred by them while acting ir. their official capacities
shall be paid by appropriate action of the City Council. Commissioners may be
reimbursed for necessary expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
New Section 2.74 .075 Added to the Municipal Code
2. 7 4.075 Compensation-Expenses.
Members of the Technology. Information. and Communications Commission shall
serve without compensation. Commissioners may be reimbursed for necessary
[Brief De s cription]-Page 2
Ordinance No. 21-22 34
Page3
expenses reasonably incurred by them while acting in their official capacity subject to
the approval of the City Manager.
2.80.090 Compensation-Expenses.
Members of the Fine Arts Commission shall serve without compensation, bat all
necessary e~cpenses reasonably incurred by them 1Nhile acting in their official capacity
shall be paid by appropriate action of the City Cmmcil. Commissioners may be
reimbursed for necessary expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
2.86.070 Compensation-Expenses.
Members shall serve on the Housing Commission 1Nithout compensation. Members of
the Housing Commission shall serve without compensation. Commissioners may be
reimbursed for necessazy expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
2.92.090 Compensation-Expenses.
Members of the Bicycle Pedestrian Commission shall serve without compensation;-l:ffit
all r.ecessary ocpenses reasor.ably incurred by them ,-,.,rhile acting ir. their official
capacity shall be paid by appropriate action of the City Council. Commissioners may
be reimbursed for necessazy expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
3. Amendments to Section 2.48.020 (Departments and Divisions)
2.48.020 Departments and Divisions.
The following departments are established:
A. Department of Administrative Services .
1. This department shall consist of the following divisions :
a. City Clerk Division. This division shall be charged with the duties and
responsibilities of a City Clerk as set forth by State statute and Chapter 2.20 of the
Municipal Code.
gb. Finance Division. This division shall be responsible for the day-to-day
processing of fiscal records, the preparation of financial statements and the annual
operating budget, the compilation of fiscal data from which a capital improvements
budget may be constructed, and the preparation of other statistical and fiscal analysis .
Q€. Human Resources Division. This division shall be responsible for code
enforcement, personnel, disaster preparedness, risk management and special projects.
2. The Director of Administrative Services shall be head of this department, with
the City Clerk being responsible for the activities ·within the City Clerk Division, the
[ Brief Description]-Page 3
Ordinance No. 21 -2234
Page4
Finance Officer being responsible for the activities within the Finance Division, and the
Personnel Officer being responsible for activities within the Human Services Resources
Division.
3 . The Director of Administrative Services also shall be appointed Treasurer and
also shall act as ex officio Assessor and shall assess and collect all City taxes save and
except for those collected by State and Cow1ty officers for the City.
B. Department of Community Development.
1. This department shall have the following divisions:
a. Planning Division. This division shall be responsible for current and long-
range planning, the development and maintenance of the general plan and specific
plans, and the processing of applications for planned development permits, use
permits, variances, and changes of zoning, and the sign ordinance.
b. Building Division. This division shall be responsible for the enforcement of the
building codes, the sign ordinance and other similar regulatory ordinances.
2. The Director of Community Development shall be the head of this department,
with the Building Official being responsible for activities within the Building Division.
C. Department of Public Works.
1. This department shall have the following divisions :
a. Administrative Division. This division shall be responsible for providing
general administration for the Department of Public Works, including general oversight
and management of the municipal water system lease.
b . Development Services Division. This division shall be responsible for all
coordination of reviews for private development applications as well as permitting for
encroachments into the public right of way .
c. Streets Division. This division shall be responsible for the maintenance of all
streets, storm drains, street lights, sidewalks, curbs, gutters, easements and medians.
d. Facilities and Fleet Division. This division shall be responsible for all buildings,
and the maintenance of the city's vehicle and equipment fleet.
e. Grounds Division. This division shall be responsible for the maintenance of all
park sites, leased school sites and grounds arow1d other City owned properties.
f. Trees and Right of Way Division. This division shall be responsible for public
trees, street medians, and other landscaped areas within the public right of way.
g. Transportation Division. This division shall be responsible for the planning and
design of transportation facilities, oversight of the Safe Routes to Schools Program, and
the operation and maintenance of the city's traffic signals.
h. Environmental Programs Division. This division shall be responsible for the
garbage and recycling franchised hauler contract and provides garbage and recycling
customer service for residents and business owners, as well as overseeing compliance
with the state stormwater permit.
[ Brief Description]-Page 4
Ordinance No. 21-2234
Pages
i. Capital Improvement Program (CIP) Division. This division shall be responsible
for the design and construction administration for all capital improvement projects
including streets, storm drainage, buildings, parks, and other public facilities.
2. The Director of Public Works shall be the head of this department.
D. Department of Parks and Recreation.
1. This department shall be responsible for:
a. All recreational programs and services sponsored by the City;
b . Management of all recreation facilities including Quinlan Community Center,
Sports Center, Senior Center, and Monta Vista Recreation Center;
c. Operation and management of Blackberry Farm golf course and picnic
grounds;
d. Planning and development of existing and future park sites.
2. The Director of Parks and Recreation shall be the head of this department.
E. Department of Public Safety.
1. This department shall be responsible for law enforcement and fire protection
services . However, since these services are presently contracted for or provided by a
special district, this department shall not be implemented, and the Director of Public
Safety shall not be appointed, until the City Council, by appropriate ordinance,
resolution, or other action, determines to administer its own law enforcement and/or
fire protection services .
2. The Director of Public Safety shall be the head of this department. He shall also
be appointed Chief of Police and Fire Chief.
F. Department of Innovation & Technology.
1. This department shall have the following divisions:
a. Applications Division. This division is responsible for development.
procurement. project management. implementation and ongoing maintenance of all
enterprise-level and online applications, and the maintenance of the City's website.
b. Infrastructure Division. This division provides for all technology-related
expenses for the citywide management of information techno logy services.
c. GIS Division. This division captures, manages, analyzes, and displays all forms
of geographically referenced information for the City.
d . Innovation Technology Division. This division is responsible for strategic
planning, governance, policy setting, and overall administration of the department.
2. The Chief Technology Officer shall be the head of this department.
[B rief Description]-Page 5
Ordinance No. 21-2234
Page 6
4. Amendment of Section 2.74.040 (Technology, Information, and Communications
Commission Meetings)
2. 7 4.040 Meeting-Quorum-Officers-Staff.
A . The Technology, Information, and Communications Commission shall hold
regular meetings at least once every three months and at the discretion of the
Commission shall hold other meetings as may be necessary or expedient. A majority of
the Commission shall constitute a quorum for the purpose of transacting the business of
the Commission.
B. The Commission shall elect a chairperson and a vice chairperson, both of whom
shall serve at the pleasure of the Commission. The terms of office shall be for one year.
C. The City Manager shall appoint a staff member to attend Commission meetings
and to provide liaison and support as needed.
D. The Foothill De Anza Community College District shall appoint a staff member to
attend Commission meetings and to provide liaison and support as needed.
5. Addition of Chapter 2.110 (Teleconference Meetings)
CHAPTER 2.110: TELECONFERENCE MEETINGS
2.110.010 Teleconference Meetings.
A . Notwithstanding Section 2.04.030 or any other provision of this Title. the City
Council may meet by teleconference without providing a physical meeting location if it
complies with the reqµirements of Government Code Section 54593(e).
B. The City Council may by resolution require or permit any other commission.
board. or committee organized under this Title to meet by teleconference without
providing a physical meeting location. provided that the requirements of Government
Code Section 54593(e) are satisfied.
C. For meetings where a physical location is provided. the City Council may adopt
rules. policies. and procedures to allow for public access to the meeting via
teleconference.
6. Amendment of Section 3.23.060 (Public Works Contracts-Opening Bids)
3.23.060 Opening Bids.
Bids shall be opened in public at the time and place on the date stated in the notice
inviting bids. A tabulation of all bids received shall be open for public inspection
during regular business hours for a period of not less than fifteen calendar days after
the bid opening. Any bid vmich is received after the time specified in the notice shall be
returned unopened. A tabulation of all bids received shall be posted on the City's
[ Brief Description]-Page 6
Ordinance No. 21-2234
Page 7
website within 48 hours of the bid opening and will remain posted for a period of not
less than fifteen calendar days after the bid opening. Any bid which is submitted after
the time specified in the notice shall not be considered.
7. Amendments to Section 8.06.030 (Fees for Keeping a Dangerous Animal)
8.06.030 Permit Period and Fee.
The fee for a permit to keep or maintain one or more dangerous animal~ shall be #tty
dollars for a twelve;;;month term, and the fee for each additional dangerous animal shall
be one hundred dollars set by resolution of the City Co1mcil. The permit shall expire
and be renewable as set forth in Section 8.05.040.
8. Repeal of Sections 11.08.020 (Registration and Licensing of Bicycles)
11.08.020 Reserved. Compliance Required.
It is unlav,rful for any resident of the City to operate any bicycle on any street, road,
high,.vay or other property 'Nithin the jurisdiction of the City, unless the bicycle is
registered and licensed as provided in this er.apter.
9. Amendments to Sections 14.04.125, 14.18.090, 18.04.020, 19.102.030, and 19.104.220
and Table 19.124.040 (References to Department of Community Development and
Planning Division)
14.04.125 Rules and Regulations for Installation, Modification or Removal of Traffic
Diverters.
A. Definitions.
1. A "diagonal diverter" extends through the center of an intersection from one
corner to the opposite comer across an intersection forcing a turn to the right or left.
2. A "full diverter" (cul-de-sac type) is placed across both lanes of traffic and
prohibits both exit from and entrance to a street
3 .' "Local street" means any street other than a major or minor collector as shown in
Table 4-B of the circulation element of the General Plan. The circulation element calls
for the deliberate discouragement of through traffic of such streets.
4 . "Official traffic-control signs" means the signs approved by Caltrans in
accordance with the California Vehicle Code Section 21400.
5. A "semidiverter" is placed across one lane of traffic and prohibits entry to or exit
from a street.
6. "Traffic diverter" means a roadway design feature which is placed upon a street
or roadway in order to prohibit vehicular traffic from entering to or exiting from or both
to and from any street.
[ Brief Description]-Page 7
Ordinance No. 21-2234
Page 8
B. Rules .
1. Traffic diverters shall be placed only on streets under the jurisdiction of the City.
2. Traffic diverters shall be placed only on local streets.
3. The diverter shall be in conformance with the policies of the circulation element
of the General Plan.
4 . Placement of diverters shall be consistent with the responsibility of the City to
provide for the, health and safety of its citizens, including provision of emergency
vehicle access, effective decreases in exposure to noise and pollution, and decreasing
accidents and energy use.
5. Appropriate traffic-control signs shall be placed on and in the vicinity of each
diverter.
C. Regulations .
1. A request for installation, removal or modification of a diverter may be initiated
by the Department of Public Works or by the City Council. The request shall specify
the proposed action and state reasons for the suggested installation, removal or
modification of a diverter.
2. Each request for installation, removal or modification of a diverter shall be
reviewed by staff, who shall prepare a written report containing the following
information to be submitted to the City Council:
a . The actions proposed and the reasons for support of the request For existing
diverters, the report shall include the history of the diverter, including the date of
installation, reason why it was installed, complaints received, if any, and statements of
support received, if any;
b . Existing conditions in the area which would be affected by the proposed
installation, removal or modification include, but are not limited to:
i. Traffic volumes, patten1s and speeds,
ii . Existing traffic control and traffic-control and traffic-management devices,
iii. On-street parking levels and patterns,
iv . Accident data, and
v . Emergency-vehicle access routes, public transit and school bus routes, and
other public service and delivery routes.
Both the streets directly affected by the diverter and the streets which would be
expected to handle diverted traffic shall be considered. For existing diverters, the
accident data should include an assessment of the role, if any, that the diverter may
have played (both positive and negative);
c. Design options of the diverter or diverters;
d. Probable impacts of the proposed installation, removal or modification,
including but not limited to impacts on the conditions described under subsection C2b
of this section; on air pollution, fuel use, and noise; on transit service; on emergency-
vehicle access times; on residential quality of life, and estimated costs. Both streets
[ Brief Description]-Page 8
O r dinance N o. 21-22 34
Page 9
directly affected by the diverter or diverters and the streets which would be expected to
handle diverted traffic shall be considered;
e. Staff shall request comments on the proposed diverter from the Departments of
Public Safety and Planning and Community Development and the County Transit
District if any routes are impacted, and shall attach these comments to the report;
£. Alternatives to the proposed action;
g. Statements or findings necessary to comply with the California Environmental
Quality Act;
h. Staff recommendation.
3. In addition to transmitting the staff report to the City Cotmcil, staff shall also
send copies of the report to the initiator of the request, to neighborhood organizations
in the area of the proposed action, to individuals who have stated an interest in such
matters, and to the County Transit District if any bus routes are impacted.
4 . Notice of a public hearing shall be given pursuant to the manner set forth
in Chapter 19 .116 of the Cupertino Mtmicipal Code.
5. After the close of the public hearing, the City Council may order a report
recommending that a diverter or diverters be installed or removed or modified, or that
no change be made. The report shall contain written findings that the proposed action
meets each of the requirements set forth in subsection B of this section, shall specify the
effect of the proposed action on traffic volume and on the health and safety of
Cupertino citizens as outlined in subsection B4 of this section, and that the action
complies with CEQA. The City Council may adopt the staff report as the findings in
support of its decision.
6. The Public Works Department shall process the appropriate environmental
document.
7. The Director of Public Works shall submit all reports generated pursuant to these
regulations to the City Council.
8. The City Cotmcil shall by resolution authorize the installation, removal or
modification of any diverter. If the proposal is for the installation of a new diverter,
then the Director of Public Works shall review the diverter after six months of operation
concerning any and report the conclusions of operation concerning any impacts as
outlined in subsection C2b of this section and report the conclusions of such review to
the City Council.
D. Improvements. The Department of Public Works shall consider physical
improvements for the designated diverters during each year's budget process. Any
such improvements shall be processed in the same manner as any capital improvement
in the City, except that the Department of Public Works may accept contributions in
cash or in kind to provide for improvements of diverters. First priority shall be given to
improving any diverter to enhance public health and safety. Second priority for
[ Brief Description]-Page 9
Ordinance No . 21 -2234
Page 10
placement of physical improvements shall be given to diverters in order of their date of
installation.
14.18.090 Heritage Tree Identification Tag.
Heritage trees shall have on them an identification tag, purchased and placed by the
City, inscribed with the following information:
CITY OF CUPERTINO
HERITAGE TREE NO.
is protected by the Protected Trees Ordinance.
Do not prune or cut
before contacting the City Planning Department Division
at ( 408) 777-3308.
18.04.020 Purpose.
It is the purpose of this title to regulate and control the division of land within the City
and to supplement the provisions of the Map Act concerning the design, improvement
and survey data of subdivisions, the form and content of all maps provided for by the
Subdivision Map Act and the procedure to be followed in securing the official approval
of the Planning Commission, the City Engineer, the Department of Planning and
Community Development and City Council regarding such maps. To accomplish this
purpose, the regulations outlined in this title are determined to be necessary for the
preservation of the public safety and general welfare, to promote orderly growth and
development and to promote open space, conservation, protection, and proper use of
land and to insure provisions for adequate traffic circulation, utilities and services.
19.102.030 Bird-safe Development Requirements.
A. Application submittal requirements: All projects that are subject to the bird-safe
development requirements shall submit the following:
1. Elevation drawings indicating the bird-safe treatment and how the proposed
treatment meets the requirements of Section 19.102 .030(8) and (D);
2. Cross sections, if required;
3. Other exhibits indicating consideration and incorporation of the regulations in
Section 19.102.030(B), (C), and (D); and
4 . Biologist report in support of alternative compliance method pursuant to Section
19 .102.030(B)(3), if proposed.
B. Fenestration and Glass Requirements
1. Fac;ades of all projects subject to bird-safe development requirements shall have:
a . No more than 10% of the surface area of the fac;ade be untreated glass between
the ground and 60 feet above ground.
[ Brief Description]-Page 10
Ordinance No. 21-2234
Page 11
b. No more than 5% of the surface area of the fa~ade be tmtreated glass between
60 feet above ground and up.
2. Standard Compliance Treatments: The Planning Division may maintain a list of
acceptable bird-safe treatments that may be updated from time to time. The list may
include, but not be limited to, permanent treatments such as opaque glass, window
mtmtins, exterior insect screens, exterior netting, or special glass treatments such as
fritting to provide visual cues and reduce the likelihood of bird collisions. Glass
treatments must have high color contrast with the glass and be applied to the outermost
surface. Prior to publication of the list, the Planning Department Division may review
information available from interest groups, such as the National Audubon Society.
3 . Alternative Compliance Method: Property owners/applicants may propose an
alternate compliance method recommended by a qualified biologist to meet the
requirements and intent of this section. The alternate compliance method shall be peer-
reviewed by a third-party consultant, paid for by the applicant, and subject to the
approval of the Director of Commtmity Development.
C. Non-residential Indoor Lighting Requirements:
1. Install time switch control devices or automatic occupancy sensors on non-
emergency interior lights that are programmed to turn off at eleven p .m . or within two
hours after the business is closed.
2. Businesses that involve the direct retailing of goods to the general public may
have downward directed, low voltage, and fully shielded lighting for window displays
at any time when there is a display of such goods.
D. Bird-safe Design Requirements. All projects shall:
1. A void the funneling of flight paths along buildings or trees towards a building
fa<;ade.
2. A void use of highly reflective glass or highly transparent glass.
3. Not include skyways or walkways, balconies, freestanding walls, or building
comers made of untreated glass or other transparent materials, or any other design
elements that are untreated and through which trees, landscape areas, water features or
the sky are visible from the exterior or from one side of the transparent element to the
other.
E. Exemptions: The following are exempted from bird-safe treatment regulations of
subsection 19.102 .030(B):
1. Any historic stmcture, either as set forth in the General Plan Figure LU-3 Historic
Resources or listed on the State or National Historical Registers;
2. First floor retail storefronts, up to a height of 15'; and,
3. Residential development in Rl zoning districts outside of Bird-Sensitive Areas .
F . California Building Code. All windows, doors, or other features must comply with
the requirements of the California Building Code. Should a conflict exist with the
provisions of this Chapter, the standards in the California Building Code shall prevail.
[Brief Description]-Page 11
Ordinance No. 21-2234
Page 12
19.104.220 Design Criteria-Permanent Signs.
Although the aesthetic appearance of signs is subjective, the City recognizes that certain
basic design guidelines are needed in order to maintain the City's high quality
appearance. The following criteria shall be incorporated into the design of signs .
A . Ground signs shall be either housed in a frame or set onto a base, presenting a
solid, attractive, well proportioned and balanced appearance . The size and shape of the
frame or base shall be proportionate to the size and weight of the sign. Low signs are
generally more appropriate on a base, whereas taller signs are generally more
appropriate in a frame. (See Appendix C, Examples of Well Proportioned Signs,
Examples of Signs Not Well Proportioned, on file in the City Clerk and the Planning
Department Division, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the size of
the sign. Appropriate landscaping should be placed at the base of the sign.
C. All signs shall be architech1rally compatible and in harmony with the building
with which it is principally associated, by incorporating its colors, materials, shape and
design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D . Background panels for multi-tenant ground signs should be harmonious in muted
colors .
E. Sign copy shall be simple and concise, without excessive description of services or
products.
F . Internally illuminated signs shall not have a directly visible light source.
G. The sign's color and illumination shall not produce distraction to motorists or
nearby residents.
Table 19.124.040 -Regulations for Off-Street Parking (Cont.)
N .
(Cont.)
3 . Landscape Planter Strip At least three feet wide by the length of the
parking space.
4. Placement of Trees Shall be offset to prevent vehicles from bumping
into them. The Planning Department Division
shall review and approve final tree locations.
5 . Landscape Buffer i. When parking lot is adjacent to a street,
(inclusive of curbing and landscape buffer = ten feet wide
vehicle overhang ii . When adjacent to a side or rear property
allowance) line, landscape buffer = five feet wide,
[Brief Description]-Page 12
Ordinance No. 21-2234
Pag e 13
6. Flat and Raised Curbs,
Wheel Stops and
Overhang into
landscaped areas
7. Planter Strips
8 . Pedestrian Paths
9. Minimum Tree Size
10. Tree Protection
11. Maintenance
0. Swales and Permeable
Surfaces
iii. Buffer between double loading stalls = four
feet.
i. Landscape areas shall be enclosed by a six-
incl1 wide continuous flat curb allowing parking
lot run off into landscaping area, infiltration
islands or swales.
ii. Concrete wheel stops shall be placed on top
of the flat curb and shall be provided at a rate of
one per two stalls.
iii . Landscape planter strips at the end of the
parking aisles adjacent to a driveway shall be
enclosed by a six-inch raised concreted curb with
drainage outlets to help delineate the driveways
or aisles.
iv. Parking stall length may be decreased by
up to two feet but must provide an equivalent
vehicle overhang into landscaped areas.
i. Curbed planter strips shall be provided at
the end of each parking aisle.
ii. Landscape planter strip shall be at least
three feet wide and the length of a parking stall.
Where appropriate, provision shall be made to
ensure that adequate pedestrian paths are
provided throughout the parking lot/landscaped
areas.
Trees require to meet any section of this title shall
be a minimum of fifteen gallon size.
All trees shall be protected by wheel stops,
curbing, bollards or other similar barriers as
appropriate.
All landscaping shall be continuously
maintained.
In order to reduce urban nmoff and provide
water quality benefits in parking lots, all new
parking lots or any substantial alterations to
existing parking lots shall incorporate the
[ Brief Description]-Page 13
Ordinance No. 21-2234
Page 14
1. Bio-swales
following design measures to the maximum
extent possible:
Incorporate bio-swales in the required
landscaping buffers.
10. Amendments to Sections 16 .52.043 and 16.52.053 (Prevention of Flood Damage)
16.52.043 Elevation and Floodproofing.
A . Residential construction. All new or substantial improvements, construction,
substantial improvements. or reconstruction due to substantial damage of residential
structures shall have the lowest floor, including basement. machinery. and/or
equipment floors:
1. In AE, AH, Al-30 Zones, elevated to one foot or more above the base flood
elevation.
2. In an AO zone, elevated above the highest adjacent grade to a height one foot or
more above the depth number specified in feet on the FIRM, or elevated at least 3 feet
above the highest adjacent grade if no depth number is specified.
3. In an A zone, without BFEs specified on the FIRM [ unnumbered A zone],
elevated to one foot or more above the base flood elevation; as determined under
Section 16.5.021 .C.
Upon the completion of the structure, the elevation of the lowest floor, including
basement. machinery. and/or equipment floors, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall be provided to the
Floodplain Administrator.
B. Nonresidential construction. All new construction or substantial improvements of
nonresidential structures shall either be elevated to conform with Section 16.52 .043.A or:
1. Be floodproofed, together with attendant utility and sanitary facilities, below the
elevation recommended 1mder Section 16.52.043.A, so that the structure is watertight
with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
3. Be certified by a registered civil engineer or architect that the standards of
Section 16.52.043.B .1 and 2 are satisfied. Such certification shall be provided to the
Floodplain Administrator.
C. Flood openings. All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor ( excluding basements) that are usable
solely for parking of vehicles, building access or storage, and which are subject to
flooding, shall be designed to automatically equalize hydrostatic flood forces on
[ Brief Description]-Page 14
Ordinance No. 21-2234
Page 15
exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this
requirement must meet the following minimum criteria:
1. For non-engineered openings:
a. Have a minimum of two openings on different sides having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic entry and exit of floodwater; and
d. Buildings with more than one enclosed area must have openings on exterior
walls for each area to allow flood water to directly enter; or
2. Be certified by a registered civil engineer or architect .
D. Manufactured homes.
1. See Section 16.52.053.
E. Garages and low cost accessory structures.
1. Attached garages.
a. A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry of flood
waters. See Section 16.52 .043 .C. Areas of the garage below the BFE must be constructed
with flood resistant materials. See Section 16.52 .042.
b. A garage attached to a nomesidential structure must meet the above
requirements or be dry flood proofed. For guidance on below grade parking areas, see
FEMA Technical Bulletin TB-6.
2. Detached garages and accessory structures.
a. "Accessory structures" used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), as defined in Section 16.52.010, may
be constructed such that its floor is below the base flood elevation (BFE), provided the
structure is designed and constructed in accordance with the following requirements:
1) Use of the accessory structure must be limited to parking or limited storage;
2) The portions of the accessory structure located below the BFE must be built
using flood-resistant materials;
3) The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
4) Any mechanical and utility equipment in the accessory structure must be
elevated or floodproofed to one foot or more above the BFE;
5) The accessory structure must comply with floodplain encroachment
provisions in Section 16.52.055; and
6) The accessory structure must be designed to allow for the automatic entry of
flood waters in accordance with Section 16.52 .043 .C.
[ Brief Description]-Page 15
Ordinance No. 21 -22 34
Page 16
2. Detached garages and accessory structures not meeting the above standards
must be constructed in accordance with all applicable standards in
Sections 16.52.040 through 16 .52.043 .
16.52.053 Standards for Manufactured Homes.
A . All manufactured homes that are placed or substantially improved, on sites
located: (1) outside of a manufactured home park or subdivision; (2) in a new
manufactured home park or subdivision; (3) in an expansion to an existing
manufach1red home park or subdivision; or (4) in an existing manufactured home park
or subdivision upon which a manufactured home has incurred "substantial damage" as
the result of a flood, shall:
1. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate
Map, be elevated on a permanent foundation such that the lowest floor of the
manufactured home. including any basement. machinery. and/or equipment floor. is
elevated to one foot or more above the base flood elevation and be securely fastened to
an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al-30, AH, and AE on
the community's Flood Insurance Rate Map that are not subject to the provisions of
Section 16.52 .053 .A will be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement, and be elevated so that either
the:
1. Lowest floor of the manufactured home. including any basement. machinery.
and/or equipment floor. is at one foot or more above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other fotmdation
elements of at least equivalent strength that are no less than 36 inches in height above
grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement . including any basement. machinery. and/or equipment floor. shall be
certified by a registered civil engineer or licensed land surveyor, and verified by the
community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
[ Brief Description]-Page 16
Ordinance No. 21-2234 -An Ordinance of the
City Council of the City of Cupertino to Update
the Municipal Code to Improve Operations
and Bring the Cupertino Municipal Code up to
Date ...
Final Audit Report 2022-03-11
,, ' .. i'
Created : 2022-03-11
By : Araceli Alejandre (aracelia@cupertino.org)
Status : Signed
Transaction ID: CBJCHBCAABAADCnHClkPAV9fLBD2wbcCl5KcX_hblZjo
,. !
"Ordinance No. 21-2234 -An Ordinance of the City Council of th
e City of Cupertino to Update the Municipal Code to Improve Op
erations and Bring the Cupertino Municipal Code up to Date ... " H
istory
f:I Document created by Araceli Alejandre (aracelia@cupertino.org)
2022-03-11 -0:13 :31 AM GMT-IP address: 64 .165.34.3
g Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
2022-03-11 - 0 :14:52 AM GMT
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I
POWERED B'f
Adobe Sig!")
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 21-2234 which
was enacted on December 7, 2021, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 20th day of March 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California