HomeMy WebLinkAboutCC 10-07-2025 Searchable PacketTuesday, October 7, 2025
5:45 PM
CITY OF CUPERTINO
Non-Televised Closed Session (5:45) and Televised Regular Meeting
(6:45)
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and
Teleconference Location Pursuant to Gov. Code 54953(b)(2): Courtyard
Marriott, 1803 Porter Street, Baltimore, Maryland 21230
City Council
LIANG CHAO, MAYOR
KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER
SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
AGENDA
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City Council Agenda October 7, 2025
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
OPTIONS TO OBSERVE:
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1)Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2)Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3)Watch a live stream online at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT:
Members of the public wishing to address the City Council may do so in the following
ways:
1)Appear in person for Closed Session in City Hall, Conference Room C or for Open
Session in Cupertino Community Hall.
A.During “Oral Communications”, the public may comment on matters not on the agenda,
and for agendized matters, the public may comment during the public comment period for
each agendized item.
B.Speakers are requested to complete a Speaker Card. While completion of Speaker Cards
is voluntary and not required to attend the meeting or provide comments, it is helpful for
the purposes of ensuring that all speakers are called upon .
C.Speakers must wait to be called, then proceed to the lectern/podium and speak into the
microphone when recognized by the Mayor .
D.Speakers are limited to three (3) minutes each. However, the Mayor may reduce the
speaking time depending on the number of people who wish to speak on an item. A
speaker representing a group between 2 and 5 members of the public in attendance may
have up to 2 minutes per group member to speak, up to 10 minutes maximum.
E.Please note that due to cyber security concerns, speakers are not allowed to connect any
personal devices at the lectern/podium. However, speakers that wish to share a document
(e.g. presentations, photographs or other documents) during oral comments may do so in
one of the following ways:
a)At the overhead projector at the podium, or
b)E-mail the document to cityclerk@cupertino.gov by 3:00 p.m. and staff will advance the
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City Council Agenda October 7, 2025
slides/share the documents during your oral comment .
2)Written Communications as follows:
A.E-mail comments to the City Council for Closed Session or Open Session at
publiccomment@cupertino.gov as follows:
a.E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be
forwarded to the City Council before the meeting.
b.Emailed comments received following agenda publication but prior to, or during, the
meeting, will be posted to the City’s website after the meeting.
c.These e-mail comments will also be received by each City Councilmember, the City
Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other
email address will be included upon the sender's request .
B.Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre
Avenue, Cupertino, CA 95014
3)Open Session Teleconference in one of the following ways :
A.Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting :
https://cityofcupertino.zoom.us/webinar/register/WN_wah5hBR7TaSjX49fHAe_8w
a)Registrants will receive a confirmation email containing information about joining the
webinar.
b)Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
c)Please read the following instructions about technical compatibility carefully: One can
directly download the teleconference (Zoom) software or connect to the meeting in their
internet browser. If a browser is used, make sure the most current and up-to-date browser,
such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer .
B.By Phone (Audio only): No registration is required in advance and speakers may join
the meeting as follows:
a)Dial 669-900-6833 and enter WEBINAR ID: 819 3284 7815
b)To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
c)Speakers will be recognized to speak by the last four digits of their phone number .
C.Via an H.323/SIP room system:
Join from an H.323/SIP room system:
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City Council Agenda October 7, 2025
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 819 3284 7815
SIP: 81932847815@zoomcrc.com
ROLL CALL - 5:45 PM
10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Gov .
Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, Maryland, USA, 21230
CLOSED SESSION
1.Subject: Conference with Legal Counsel - Anticipated Litigation; California
Government Code Sections 54956.9(d)(4) and 54954.4(c): (1 case)
2.Subject: Conference with Legal Counsel - Existing Litigation; California Government
Code Sections 54956.9(d)(1) and 54954.5(c): Lixin (Leon) Chen, et al. v. City of
Cupertino, et al., Santa Clara County Superior Court, Case No. 25CV462857; Yes In My
Backyard, et al. v. City of Cupertino, et al., Santa Clara County Superior Court, Case
No. 25CV263924
3.Subject: Conference with Real Property Negotiators; California Government Code
Section 54954.5
1.Property: 10480 Finch Avenue, Cupertino, CA
2.Agency Negotiators: Tina Kapoor, Interim City Manager, and Floy Andrews,
Interim City Attorney
3.Negotiating parties: City of Cupertino and Cupertino Union School Distrct
4.Under negotiation: Price and terms of payment
RECESS
OPEN SESSION
CALL TO ORDER - 6:45 PM
10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov .
Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, Maryland, USA, 21230
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
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City Council Agenda October 7, 2025
CEREMONIAL ITEMS
4.Subject: Recognition of October 19 to October 25, 2025 as United Against Hate Week
Recognize October 19 to October 25, 2025 as United Against
Hate Week
A - Proclamation
5.Subject: Recognition of October as Hindu Heritage and Awareness Month
Recommended Action: Recognize October as Hindu Heritage and Awareness Month
6.Subject: Recognition of October as Community Planning Month and appreciation for
the work of the Community Development Department
Recommended Action: Present proclamation recognizing October as Community
Planning Month, acknowledging the work of the Planning Division, and also
recognizing the contributions of the Building, Code Enforcement, and Housing
Divisions within the Community Development Department
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
7.Subject: Revisions to Cupertino City Council Procedures Manual (Postponed from
September 16, 2025)
Recommended Action: Postpone revisions to Cupertino City Council Procedures
Manual to a date to be determined
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral
Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3)
minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or
reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority
given to students. In most cases, State law will prohibit the Council from discussing or making any
decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly
respond to statements made or questions posed by speakers. A councilmember may also ask a question
for clarification, provide a reference for factual information, request staff to report back concerning a
matter, or request that an item be added to a future City Council agenda in response to public comment .
CONSENT CALENDAR (Items 8-14)
Items appearing on the Consent Calendar are considered routine City business and may be approved by
one motion. Typical items may include meeting minutes, awards of contracts, the ratification of
accounts payable, and second readings of ordinances. Any member of the Council may request to have
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City Council Agenda October 7, 2025
an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures
Manual. Members of the public may provide input on one or more consent calendar items when the
Mayor asks for public comments on the Consent Calendar.
8.Subject: Approval of September 15, 2025 City Council meeting minutes
Recommended Action: Approve the September 15, 2025 City Council meeting minutes
A - Draft Minutes
9.Subject: Approval of September 16, 2025 City Council meeting minutes
Recommended Action: Approve the September 16, 2025 City Council meeting minutes
A - Draft Minutes
10.Subject: Review of future agenda items requested by City Councilmembers (“TBD
List”)
Recommended Action: Review the TBD list as of October and accept the staff
recommendations for all 16 items
Staff Report
A - July 2025 Future Agenda Items List
B - October 2025 Future Agenda Items List
11.Subject: Amendment to 2025 Council Committee Assignments to designate Council
appointments to the Economic Development Committee (EDC); Formation of a Council
Ad Hoc Subcommittee for the EDC.
Recommended Action: 1. Ratify amendment to the 2025 Council Committee
assignments to designate Councilmember R “Ray” Wang as the primary and Mayor
Liang Chao as the alternate to the Economic Development Committee (EDC); and
2. Approve the formation of an Ad Hoc Council Subcommittee comprised of Mayor
Liang Chao and Councilmember R “Ray” Wang to review potential opportunities and
explore areas of focus for the EDC
Staff Report
A - Draft Amended Council Committees 2025 (redline)
B - Draft Amended Council Committees 2025 (clean)
12.Subject: Appointment of the Sustainability Commission, Technology, Information, and
Communications Commission, and Planning Commission recommendations as
representatives to the Economic Development Committee
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City Council Agenda October 7, 2025
Recommended Action: Accept the following Commission recommendations to appoint
representatives to the Economic Development Committee:
1. Accept the Sustainability Commission’s recommendation to appoint Jack Carter for a
term expiring January 30, 2026:
2. Accept the Technology, Information, and Communications Commission’s
recommendation to appoint Balaram Donthi for a term expiring January 30, 2026;
3. Accept the Planning Commission’s recommendation to appoint Tracy Kosolcharoen
for a term expiring January 30, 2026.
Staff Report
13.Subject: Introduce amendments to Cupertino Municipal Code, adding Title 14, Chapter
14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of
wireless facilities within City streets (Continued from September 16, 2025)
Recommended Action: 1. Conduct the first reading of Ordinance 25-2276“An
Ordinance of the City Council of the City of Cupertino adding City Code Title 14
Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way”;
2. Adopt Resolution No. 25-081 approving the “Regulations for Construction,
Operation, and Maintenance of Small Wireless Facilities in the Public Right of Way ”;
and
3. Find that the proposed actions are exempt from CEQA.
Staff Report
A - Draft Ordinance - Chapter 14.30 (Clean)
B - Draft Ordinance - Chapter 14.30 (Redline)
C - Wireless Regulations (Clean)
D - Wireless Regulations (Redlines)
E - Draft Resolution
14.Subject: Memorandum of Understanding (MOU) between the City of Cupertino and
other local public agencies in Santa Clara County to fund the Composting Education
Program in the amount of $9,186.90 (January 2026 - June 30, 2027, with an option for a
two-year extension) (Continued from September 16, 2025)
Recommended Action: Authorize the City Manager to execute an MOU between the
City of Cupertino and other local public agencies in Santa Clara County to fund the
Composting Education Program and allocate $9,186.90 from Resource Recovery Fund
520 for Cupertino’s share of program costs for the term January 2026 - June 30, 2027,
with no impact to the General Fund
Staff Report
A – FY 25-27 Draft MOU
STUDY SESSION
15.Subject: Study Session on amendments to Audit Committee Duties, Powers, and
Responsibilities
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City Council Agenda October 7, 2025
Recommended Action: Conduct study session on the Audit Committee’s
recommendation to amend Municipal Code Section 2.88.100 to reflect the following
changes:
1.Change the committee’s name to “Audit and Finance Committee.”
2.Modify Section 2.88.100(g) to read: “To review the City’s internal controls and
internal audit reports.”
3.Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s
financial reporting, internal controls over financial reporting, risk management, and
compliance.”
Staff Report
A - Municipal Code - Chapter 2.88 Audit Committee
PUBLIC HEARINGS
Government Code Section 65103.5 limits the distribution of copyrighted material associated with the
review of development projects. Members of the public wishing to view plans that cannot otherwise be
distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to
view them at City Hall by sending an email to planning@cupertino .gov. Plans will also be made
available digitally during the hearing to consider the proposal.
16.Subject: Consider Municipal Code Amendments for consistency with Senate Bill 450
and minor text edits, amending multiple chapters of the Municipal Code. (Application
No.: MCA-2024-004; Applicant: City of Cupertino; Location: Citywide)
Recommended Action: That the City Council:
1.Conduct the first reading of Ordinance No. 25-2277 “An Ordinance of the City
Council of the City of Cupertino amending Chapters 14.15 (Landscape), 14.18
(Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions),
19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single
Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones),
19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C
Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG
Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124
(Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline) of the Municipal Code
regarding consistency with Senate Bill 450 and minor text edits.”; and
2.Find that the proposed actions are exempt from CEQA.
Staff Report
A - Draft Ordinance (Clean)
B - Draft Ordinance (Redlined)
C - Planning Commission Resolution
D - Changes to Exhibit A
ACTION CALENDAR
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City Council Agenda October 7, 2025
17.Subject: Request Cities Association of Santa Clara County (“CASCC”) to amend the
Joint Powers Agency Agreement and Bylaws to rectify undemocratic practices
pertaining to the election of Executive Officers, the method of selecting the Chair of the
Legislative Action Committee, and to remove the requirement that Executive Officers
be elected during a specific month; and to appoint Vice Mayor Kitty Moore to the
CASCC Board for the 2026 term and support her election to the Executive Committee
Recommended Action: 1.Adopt Resolution No. 25-083 (Attachment A) requesting the
Cities Association ofSanta Clara County amend the Joint Powers Agency Agreement
and Bylaws to: 1)require all Executive Officer offices be held by member cities, not by
individual councilmembers or appointed directors, and that all Executive Officers be
appointees or alternates to the Board of Directors; 2) require the members of the
Legislative ActionCommittee to elect that committee’s chair from its membership; and
3) remove theBylaw provision setting the time for annual elections of Executive Officers
in November or soon after.
2. Adopt Resolution No. 25-084 (Attachment B) to appoint Vice Mayor Kitty Moore to
the Board of Directors of the Cities Association of Santa Clara County for the 2026 term
beginning in January 2026 and endorsing her candidacy in the election for
ExecutiveOfficers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board, to
send a letter to the CASCC to inform them of the above resolutions approved by
theCouncil and attach this Council Report by Mayor for information .
Staff Report
Council Report by Mayor Chao
A – Draft Resolution Requesting Amendments to the JPA Agreement and Bylaws
B – Draft Resolution Appointing Vice Mayor Kitty Moore to JPA Board of Directors
C – Joint Powers Agency Agreement for the Cities Association of Santa Clara County, effective January
26, 2024 (redline)
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
18.Subject: City Manager Report
A - Report
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
19.Subject: Councilmember Reports
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City Council Agenda October 7, 2025
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore
FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists
upcoming City Council meeting dates and tentative agenda items, all of which are subject to change .
20.Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300
Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
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City Council Agenda October 7, 2025
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter
on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
25-14356 Agenda Date: 10/7/2025
Agenda #: 1.
Subject:Conference with Legal Counsel -Anticipated Litigation;California Government Code Sections
54956.9(d)(4) and 54954.4(c): (1 case)
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Agenda Item
25-14357 Agenda Date: 10/7/2025
Agenda #: 2.
Subject:Conference with Legal Counsel -Existing Litigation;California Government Code Sections 54956.9
(d)(1)and 54954.5(c):Lixin (Leon)Chen,et al.v.City of Cupertino,et al.,Santa Clara County Superior Court,
Case No.25CV462857;Yes In My Backyard,et al.v.City of Cupertino,et al.,Santa Clara County Superior
Court, Case No. 25CV263924
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Agenda Item
25-14358 Agenda Date: 10/7/2025
Agenda #: 3.
Subject:Conference with Real Property Negotiators; California Government Code Section 54954.5
1.Property: 10480 Finch Avenue, Cupertino, CA
2.Agency Negotiators: Tina Kapoor, Interim City Manager, and Floy Andrews, Interim City Attorney
3.Negotiating parties: City of Cupertino and Cupertino Union School Distrct
4.Under negotiation: Price and terms of payment
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CITY OF CUPERTINO
Agenda Item
25-13643 Agenda Date: 10/7/2025
Agenda #: 4.
Subject:Recognition of October 19 to October 25, 2025 as United Against Hate Week
Recognize October 19 to October 25, 2025 as United Against Hate Week
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Proclamation
WHEREAS, The United States is a nation whose strength comes from its
diversity, and all individuals should feel safe and respected, and
treated fairly, regardless of race, gender, orientation, religion, and
political views; and
WHEREAS,
country, and has witnessed the dangers and repercussions of hate,
racism, and bigotry rise and manifest in violent, hateful, and cruel
attacks throughout the United States and the greater San Francisco
Bay Area; and
WHEREAS,
continue fighting against hate by welcoming all people and
countering anything that acts as a bias that poses a threat to the
safety and civility of our neighborhoods, residents, and all people;
and
WHEREAS,
against hate, to do the consistent and hard work of optimizing
equity and fairness in a society committed to free expression, and
to celebrate unity and diversity; and
WHEREAS,
cities, sending a resounding message that we are united in our
resolve to combat hate and promote acceptance; and
THEREFORE,
proclaim the week of October 19 – October 25, in conjuncture with
jurisdictions throughout the Bay Area as,
United Against Hate Week
in the City of Cupertino and call on all residents and businesses to act, build more
inclusion, and stop hate for a better and more supportive community in the City of
Cupertino and the greater San Francisco Bay Area.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of
Cupertino to be affixed this Tuesday, October 7, 2025.
____________________________
The Honorable Liang Chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
25-14216 Agenda Date: 10/7/2025
Agenda #: 5.
Subject: Recognition of October as Hindu Heritage and Awareness Month
Recognize October as Hindu Heritage and Awareness Month
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Agenda Item
25-14182 Agenda Date: 10/7/2025
Agenda #: 6.
Subject:Recognition of October as Community Planning Month and appreciation for the work of the
Community Development Department
Present proclamation recognizing October as Community Planning Month,acknowledging the work of
the Planning Division,and also recognizing the contributions of the Building,Code Enforcement,and
Housing Divisions within the Community Development Department
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Proclamation
WHEREAS, Every October the American Planning Association declares National
Community Planning Month to celebrate how thoughtful, inclusive, and
forward‐looking development enriches communities; and
WHEREAS,
engineers, inspectors, permit technicians, code officers, and
administrative support, work to improve the well‐being of all people by
applying professional expertise and data‐driven insights to guide
development that is safe, resilient, equitable, and prosperous for
everyone; and
WHEREAS,
housing crisis, shaping transportation systems, preserving and
developing diverse housing options, promoting land use that supports
sustainability, and helping communities navigate environmental,
economic, and social challenges; and
WHEREAS,
comprehensive vision of elected officials, community partners, and the
public working together to ensure that growth and change enhance
quality of life and opportunity for all residents; and
WHEREAS,
development but also helps preserve our cultural heritage, promote
public health, protect natural resources, and enhance overall community
well‐being; and
WHEREAS,
equitable housing, resilient infrastructure, vibrant public spaces,
sustainable land use, and inclusive engagement, and values the
importance of highlighting Community Development Department’s
contributions each October.
THEREFORE,
the month of October as
National Community Planning Month
and encourage all residents to recognize the importance of community development in shaping a
sustainable, inclusive, and thriving Cupertino for generations to come.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of
Cupertino to be affixed this Tuesday, October 7, 2025.
____________________________
The Honorable Liang Chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
25-14328 Agenda Date: 10/7/2025
Agenda #: 7.
Subject:Revisions to Cupertino City Council Procedures Manual (Postponed from September 16, 2025)
Postpone revisions to Cupertino City Council Procedures Manual to a date to be determined
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Agenda Item
25-14306 Agenda Date: 10/7/2025
Agenda #: 8.
Subject: Approval of September 15, 2025 City Council meeting minutes
Approve the September 15, 2025 City Council meeting minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, September 15, 2025
SPECIAL MEETING
At 6:00 p.m., Mayor Liang Chao called the Special City Council Meeting to order in the Cupertino
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan and R “Ray” Wang. Absent: None.
COMMISSION INTERVIEWS
1. Subject: Interview and appoint to fill vacancies on the Housing Commission and
Economic Development Committee
Recommended Action: Conduct interviews and make appointments to fill two vacancies
on the Housing Commission (Business Representative and Community Member) and
five vacancies on the Economic Development Committee (Industry Sector
Representatives: Technology, Retail/ Small Business, Hospitality/ Tourism, Education,
and Commercial Real Estate)
Written communications for this item included an amended Attachment A – Interview
Schedule.
Mayor Chao opened the public comment period and, seeing no one, closed the public
comment period.
Councilmembers asked questions and made comments.
Council conducted interviews to fill vacancies on the Housing Commission and
Economic Development Committee.
At 7:04 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 7:15 p.m. with all
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City Council September 15, 2025 Minutes
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Councilmembers present.
The Council continued interviewing applicants.
At 8:38 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 9:02 p.m. with all
Councilmembers present.
The Council continued interviewing applicants.
Councilmembers asked questions and made comments.
The Council voted to make appointments using the electronic voting system. Images of
the voting results are attached as Exhibit A following the minutes.
MOTION: Moore moved and Wang seconded to appoint the following individuals to the
Housing Commission:
• Jasmine Jose (Business Representative), partial term ending January 30, 2027
• Ram Sripathi (Community Member Representative), partial term ending January
30, 2027
The motion passed with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen
and Mohan. Abstain: None. Absent: None.
MOTION: Wang moved and Moore seconded to appoint the following individuals to the
Economic Development Committee:
• Claudio Bono (Hospitality/Tourism), initial term ending January 30, 2027
• Selina Kaing (Technology), initial term ending January 30, 2027
• Jane Lin (Commercial Real Estate), initial term ending January 30, 2029
• Manjari Asawa (Education), initial term ending January 30, 2029
• Hiuwai (Jennifer) Yip (Retail/Small Business), initial term ending January 30, 2029
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan and
Wang. Noes: None. Abstain: None. Absent: None.
ADJOURNMENT
At 10:08 p.m., Mayor Chao adjourned the Special City Council Meeting.
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City Council September 15, 2025 Minutes
Page 3
Minutes prepared by:
_______________________________
Lauren Sapudar, Deputy City Clerk
24
Exhibit A
City Council Meeting
Housing Commission and Economic Development Committee Interviews
September 15, 2025
Unofficial Council Voting Results (approved City Council minutes become the official record)
Housing Commission (Business Rep)
Round 1
Housing (Community Member Representative)
Round 1
25
Exhibit A
Economic Development Committee (Commercial Real Estate Industry Sector)
Round 1
Economic Development Committee (Education Industry Sector)
Round 1
26
Exhibit A
Economic Development Committee (Hospitality/Tourism Industry Sector)
Round 1
Economic Development Committee (Retail/Small Business Industry Sector)
Round 1
27
Exhibit A
Economic Development Committee (Technology Industry Sector)
Round 1
28
CITY OF CUPERTINO
Agenda Item
24-13597 Agenda Date: 10/7/2025
Agenda #: 9.
Subject: Approval of September 16, 2025 City Council meeting minutes
Approve the September 16, 2025 City Council meeting minutes
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™29
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 16, 2025
At 5:46 p.m., Mayor Liang Chao called the Regular City Council Meeting to order in City Hall
Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang. Absent: None.
In open session prior to closed session, Mayor Chao opened the public comment period
regarding any item on the agenda. The following members of the public requested to speak.
Lisa Warren (Item 1)
Mayor Chao closed the public comment period.
CLOSED SESSION
1. Subject: Conference with Real Property Negotiators; California Government Code
Section 54954.5
Property: Finch property
Agency Negotiators: Tina Kapoor, Interim City Manager, and Floy Andrews, Interim
City Attorney
Negotiating parties: City of Cupertino and Cupertino Union School District
Under negotiation: Price and terms of payment
Council met with real property negotiators (Moore recused).
2. Subject: Conference with Legal Counsel - existing litigation; California Government
Code Sections 54956.9(d)(1) and 54954.5(c):
Lixin (Leon) Chen, et al. v. City of Cupertino, et al., Santa Clara County Superior Court,
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September 16, 2025 City Council Minutes
Page 2
Case No. 25CV462857
Yes In My Backyard, et al. v. City of Cupertino, et al., Santa Clara County Superior
Court, Case No. 25CV263924
Council met with legal counsel regarding the existing litigation.
3. Subject: Conference with Legal Counsel - anticipated litigation, California Government
Code Sections 54956.9(d)(4) and 54954.4(c): (1 case)
Council met with legal counsel regarding the anticipated litigation.
At 6:46 p.m., Mayor Chao recessed the meeting.
OPEN SESSION
At 6:53 p.m., Mayor Chao reconvened the Regular City Council Meeting in open session and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang. Absent: None.
CLOSED SESSION REPORT
City Attorney Floy Andrews reported on the actions taken during the closed session held at
5:45 p.m. City Attorney Andrews reported that there was no reportable action.
CEREMONIAL ITEMS
4. Subject: Recognition of September 15-October 15 as National Hispanic Heritage Month
Recommended Action: Recognize September 15-October 15 as National Hispanic
Heritage Month
Mayor Chao recognized September 15-October 15 as National Hispanic Heritage
Month.
5. Subject: Recognition of September 16 as National IT Professionals Day
Recommended Action: Present proclamation recognizing September 16 as National IT
Professionals Day
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September 16, 2025 City Council Minutes
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Chief Technology Officer Teri Gerhardt, Innovation Technology Manager Tommy Yu,
Senior Business Systems Analyst Adam Araza, and Management Analyst Marilyn
Pavlov received the proclamation.
Mayor Chao recognized September 16 as National IT Professionals Day.
6. Subject: Recognition of Friends of Children with Special Needs (FCSN) for supporting
families with disabilities and promoting inclusion in the community
Recommended Action: Present proclamation recognizing Friends of Children with
Special Needs (FCSN) for supporting families with disabilities and promoting inclusion
in the community
Anna Wang, Vice President of Enrichment Programs and Community Relations at
FCSN, and Yee-Yeen Wang, FCSN Board Co-Chair, received the proclamation.
Mayor Chao recognized FCSN for supporting families with disabilities and promoting
inclusion in the community.
7. Subject: Recognition of Parents Helping Parents for supporting families facing
disability and promoting inclusive systems of care
Recommended Action: Present proclamation to Parents Helping Parents for
supporting families facing disability and promoting inclusive systems of care
Written communications for this item included a presentation and informational
handouts.
Janet Nunez, Program Director, and Aparna Venkataraman, Resources Coordinator,
from Parents Helping Parents received the proclamation.
Mayor Chao recognized Parents Helping Parents for supporting families facing
disability and promoting inclusive systems of care.
POSTPONEMENTS AND ORDERS OF THE DAY
MOTION: Chao moved and Moore seconded to reorder the agenda to hear Item 22 before Item
21. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
ORAL COMMUNICATIONS
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September 16, 2025 City Council Minutes
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Written communications for this item included emails to the Council.
The following members of the public spoke:
Caroline Gupta and Peter Deng, representing Tessellations School, discussed the Tessellations
School organization.
Jennifer Griffin discussed Senate Bill (SB) 79, Housing Development Transit-Oriented
Development.
Richard Lowenthal discussed a proposal for the city to acquire property near Varian Park for
recreational trails.
Planning Commissioner Seema Lindskog (representing self) discussed Planning Commission
member conduct and Council oversight.
Evan Lojewski discussed Planning Commission member conduct during public meetings.
Bicycle Pedestrian Commissioner Herve Marcy (representing self) discussed Council meeting
procedures and public comment process in meetings.
Bicycle Pedestrian Commissioner Joel Wolf (representing self) discussed Planning
Commission member conduct in meetings and public participation.
Jennifer Shearin discussed Planning Commission member conduct and oversight.
Lisa Warren discussed potential uses and development considerations for the Finch property.
Louise Saadati discussed Council’s participation in community events, meeting scheduling,
and public comment procedures.
Planning Commissioner San Rao (representing self) discussed Planning Commission meetings
and meeting procedures.
Lina Lang discussed the Mary Avenue Villas project.
Frank Wang discussed a pedestrian crossing near Stevens Creek Boulevard for students.
Babu Srinivasan discussed meeting decorum, public dialogue, and a proposed student bus
service.
Michael Wang discussed agenda item timing, meeting scheduling, and SB 79, Housing
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September 16, 2025 City Council Minutes
Page 5
Development Transit-Oriented Development.
CONSENT CALENDAR (Items 8-19)
Mohan removed Item 19 from the Consent Calendar for discussion.
Mayor Chao opened the public comment period and the following members of the public
spoke.
Neil Park-McClintick (Item 11)
Ava Chiao (Item 11)
Tyler Alison, representing Silicon Valley DSA (Item 11)
Nick Finan (Item 11)
Dennis Low (Item 11)
Vivian Low (Item 11)
Cassandra Magana, representing West Valley Community Services (Item 11)
Amanda Flores, representing West Valley Community Services (Item 11)
Maria, representing West Valley Community Services (Item 11)
Rachel (Item 11)
Brenda Bell Brown, representing West Valley Community Services (Item 11)
Jean Bedord (Items 11 and 18)
Housing Commissioner Connie Cunningham (representing self) (Item 11)
Planning Commissioner Steven Scharf (representing self) (Items 11 and 18)
Louise Saadati (Item 11
Planning Commissioner San Rao (representing self) (Item 16)
Mayor Chao closed the public comment period.
MOTION: Chao moved and Moore seconded to postpone Item 17 to a date to be determined
and Item 11 regarding the Ad-Hoc LRC Subcommittee Recommendation for Measure A to a
special City Council meeting on October 13. The motion passed with the following vote: Ayes:
Chao, Moore, Fruen, and Wang. Noes: Mohan. Abstain: None. Absent: None.
MOTION: Chao moved and Wang seconded to approve the Consent Calendar items 8-10 and
12-16. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
MOTION: Chao moved and Moore seconded for Item 11 to accept the Ad-Hoc LRC
Subcommittee recommendation to request a veto for Senate Bill 63 and Senate Bill 707, and
authorize the Mayor to send position letters to the State . The motion passed with the following
vote: Ayes: Chao, Moore, and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None.
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September 16, 2025 City Council Minutes
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MOTION: Chao moved and Wang seconded to approve Item 18 to:
1. Award a design professional services agreement to DIALOG Design LP for the City
Hall Annex Project for basic services in the amount not to exceed
2. $448,243; and
3. Authorize the City Manager to execute a Design Professional Services Agreem ent with
DIALOG Design LP when all conditions have been met; and
4. Authorize the Director of Public Works to execute any necessary additional services, up
to a contingency amount of $45,000 (approximately 10% of base services,) for a total not
to exceed amount of $493,243.
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Wang. Noes:
Mohan. Abstain: None. Absent: None.
MOTION: Chao moved and Moore seconded to reorder the agenda to hear Item 19, followed
by Item 20, and then Item 21. The motion passed with the following vote: Ayes: Chao, Moore,
Mohan and Wang. Noes: Fruen. Abstain: None. Absent: None.
8. Subject: Approval of September 3, 2025 City Council meeting minutes
Recommended Action: Approve the September 3, 2025 City Council meeting minutes
9. Subject: Ratifying Accounts Payable for the periods ending August 1, 2025; August 15,
2025; and August 29, 2025
Recommended Action: A. Adopt Resolution No. 25-076 ratifying Accounts Payable for
the Period ending August 1, 2025;
B. Adopt Resolution No. 25-077 ratifying Accounts Payable for the Period ending
August 15, 2025; and
C. Adopt Resolution No. 25-078 ratifying Accounts Payable for the Period ending
August 29, 2025.
10. Subject: Internal Audit Work Program: Special Revenue Fund Process Review
Recommended Action: Receive the Special Revenue Fund Process Review Report
Written communications for this item included a supplemental report with staff
answers to councilmember questions.
11. Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council
Subcommittee recommendation regarding Senate Bill 63, Senate Bill 707, and Measure
A
Recommended Action: Accept the Ad-Hoc LRC City Council Subcommittee
recommendation to request a veto for Senate Bill 63 and Senate Bill 707, oppose
Measure A, and authorize the Mayor to send position letters to the State and County
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September 16, 2025 City Council Minutes
Page 7
Written communications for this item included a supplemental report with staff
answers to councilmember questions.
As noted at the beginning of the Consent Calendar, these items were considered
separately. Council approved the Ad-Hoc LRC Subcommittee’s recommendation to
request a veto for Senate Bills 63 and 707 and authorized the Mayor to send position
letters, and continued the Measure A recommendation to a special City Council
meeting on October 13.
12. Subject: Library Commission's Recommendation of Thomas Celerier for appointment
of the new 2026-2028 Cupertino Poet Laureate
Recommended Action: Adopt Resolution No. 25-079 approving the Library
Commission's recommendation and appoint Thomas Celerier as the new 2026-2028
Cupertino Poet Laureate.
13. Subject: Approve a First Amendment to the contract with Independent Code
Consultants, Inc., for an increase of $120,000 to provide On-Call Plan Review Services
for FY26 for a total not-to-exceed amount of $315,000.
Recommended Action: Authorize the City Manager to execute a first amendment to
the existing consultant agreement with Independent Code Consultants, Inc. to provide
On-Call Plan Review Services, increasing the contract amount by $120,000 for a new
total not-to-exceed contract amount of $315,000.
14. Subject: Approve a Second Amendment to the contract with West Coast Code
Consultants, Inc. for an increase of $80,000 to provide On-Call Professional Building
Services for FY26 for a total not-to-exceed amount of $300,000.
Recommended Action: Authorize the City Manager to execute a second amendment to
the existing consultant agreement with West Coast Code Consultants, Inc. to provide
On-Call Professional Building Services, increasing the contract amount by $80,000 for a
new total not-to-exceed contract amount of $300,000.
15. Subject: Second reading and enactment of proposed amendments to Municipal Code
Chapters 19.08 (Definitions), and 19.112 (Accessory Dwelling Units) and Associated
Environmental Review. (Application No. MCA-2025-001; Applicant: City of Cupertino;
Location: City-wide)
Recommended Action: Conduct the second reading and enact Ordinance No. 25-2274:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE CHAPTER 19.08, AND CHAPTER 19.112
REGARDING ACCESSORY DWELLING UNIT (ADU) LAWS”
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September 16, 2025 City Council Minutes
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16. Subject: Second reading and enactment of Municipal Code amendments to Cupertino
Municipal Code, Title 11, Vehicles and Traffic, Section 11.24.130, Section 11.27.050,
Section 11.28.010, and Section 11.28.020, pertaining to the overnight parking of
oversized vehicles on public streets
Recommended Action: Conduct the second reading and enact Ordinance 25-2275: “An
Ordinance of the City Council of the City of Cupertino Amending Title 11, Vehicles and
Traffic, of the City of Cupertino Municipal Code Sections 11.24.130 (Prohibited for more
than seventy-two hours), Section 11.27.050 (Issuance of permits to residents and
members of designated groups), Section 11.28.010 (Definitions), and Section 11.28.020
(Parking of oversized vehicles restricted)"
17. Subject: Memorandum of Understanding (MOU) between the City of Cupertino and
other local public agencies in Santa Clara County to fund the Composting Education
Program in the amount of $9,186.90 (January 2026 – June 30, 2027, with an option for a
two-year extension)
Recommended Action: Authorize the City Manager to execute an MOU between the
City of Cupertino and other local public agencies in Santa Clara County to fund the
Composting Education Program and allocate $9,186.90 from Resource Recovery Fund
520 for Cupertino’s share of program costs for the term January 2026 – June 30, 2027,
with no impact to the General Fund
Written communications for this item included a desk item report with staff responses
to councilmember questions.
As noted at the beginning of the Consent Calendar, this item was continued to a date to
be determined.
18. Subject: Award of a design professional services agreement to DIALOG Design LP for
the City Hall Annex Improvements project (420-99-248) for the renovation of an
existing building located at 10455 Torre Avenue for a total not-to-exceed amount of
$493,243.
Recommended Action: 1. Award a design professional services agreement to DIALOG
Design LP for the City Hall Annex Project for basic services in the amount not to exceed
$448,243; and
2. Authorize the City Manager to execute a Design Professional Services Agreement
with DIALOG Design LP when all conditions have been met; and
3. Authorize the Director of Public Works to execute any necessary additional services,
up to a contingency amount of $45,000 (approximately 10% of base services,) for a total
not to exceed amount of $493,243.
Written communications for this item included a supplemental report with staff
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September 16, 2025 City Council Minutes
Page 9
answers to councilmember questions.
At 9:03 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 9:15 p.m. with all
councilmembers present.
MOTION: Chao moved and Moore seconded to reorder the agenda to hear Item 22
immediately following Item 19. The motion passed with the following vote: Ayes: Chao,
Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
19. Subject: Conditionally Accept the Stevens Creek Boulevard Corridor Vision Study
Recommended Action: Adopt Resolution No. 25-080 conditionally accepting the
Stevens Creek Boulevard Corridor Vision Study, requiring the following conditions be
met before supporting the recommended implementation actions of the long-term,
high-capacity transit project:
Prepare a comprehensive regional travel demand and needs analysis.
Complete a cost-benefit analysis, including local fiscal impacts for any high-capacity
transit proposal.
Assess future transportation technologies and their compatibility with proposed
improvements along the corridor (e.g., autonomous vehicles and microtransit).
Preserve, to the maximum extent feasible, Cupertino's existing investments along the
corridor.
City Council review and approval of any implementation steps involving infrastructure
or land use changes within Cupertino City limits.
This item was pulled from the Consent Calendar for separate consideration and
reordered to be heard before Public Hearings (Item 20).
Mayor Chao opened the public comment period and the following members of the
public spoke.
Emily Poon
Harry Neil
Jennifer Griffin
Babu Srinivasan
Planning Commissioner San Rao (representing self)
Louise Saadati
Betsy Megas
Michael Wang
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September 16, 2025 City Council Minutes
Page 10
Mayor Chao closed the public comment period.
Director of Public Works Chad Mosley, Transportation Manager David Stillman, and
Transit and Transportation Planner Matt Schroeder provided updates and answered
questions.
Councilmembers asked questions and made comments.
MOTION: Chao moved and Moore seconded to:
Authorize the Mayor to send a letter to VTA with a copy of the draft resolution
and stating that VTA should not have accepted the study without getting any
input from the City or residents. The letter would restate the conditions in the
draft resolution under which we would consider any future study along the
corridor.
And further, authorize the Mayor to write a letter to the steering committee on
the concerns that the bylaws were not approved by individual jurisdictions and
were not followed by the steering committee, such as two voting members from
each jurisdiction, and on the concerns of Brown Act violations, such as agenda
packets not being properly prepared.
Approve the draft resolution on the agenda that staff has created based on the
Council’s direction from September 3, adding a statement that Cupertino will not
invest any more City funding, resources, or staff time in the steering committee
and working group until the conditions stated in the resolution are met.
The letter to the steering committee would include the statement above.
The motion passed with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen
and Mohan. Abstain: None. Absent: None.
MOTION: Chao moved and Wang seconded to extend the meeting to 11:30 p.m. to consider
Item 22 and then Item 20. The motion passed with the following vote: Ayes: Chao, Moore,
Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
STUDY SESSION
22. Subject: Options on Commission Oversight of Transportation Matters (Continued from
September 3, 2025). Note: Public comment will be reopened for individuals who did not
provide comment on September 3.
Recommended Action: Provide input to staff on the preferred options for having
transportation projects reviewed by commissions and provide direction to staff to take
the necessary steps to implement the changes.
Written communications for this item included a desk item report and a supplemental
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September 16, 2025 City Council Minutes
Page 11
report with staff answers to councilmember questions.
Director of Public Works Chad Mosley and Transportation Manager David Stillman
answered questions.
Mayor Chao opened the public comment period and the following members of the
public spoke.
Jennifer Griffin
Planning Commissioner Seema Lindskog (representing self)
Evan Lojewski
Bicycle Pedestrian Commissioner Herve Marcy (representing self)
Bicycle Pedestrian Commissioner Joel Wolf
Ava Chiao
Neil Park McClintick
Jean Bedord
Housing Commissioner Connie Cunningham (representing self)
Planning Commissioner Steven Scharf (representing self)
Jennifer Kwee
Beck Poltronetti
Louise Saadati
Emily Poon
Planning Commissioner San Rao (representing self)
Rosa Kim
Helen Wiant
Bill Wilson
Betsy Megas
MOTION: Moore moved and Wang seconded to suspend the rules to extend the meeting time
to complete Item 22. The motion passed with the following vote: Ayes: Chao, Moore, Fruen,
Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
The public comment period continued and the following members of the public spoke.
Babu Srinivasan
Jennifer Shearin
Alvin Yang
TICC Prabir Mohanty
Venkat Ranganathan
Mayor Chao closed the public comment period.
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September 16, 2025 City Council Minutes
Page 12
Councilmembers asked questions and made comments.
MOTION: Chao moved and Wang seconded for the following:
1. No change to 2.92 (Bike Ped Commission name or its Powers and Functions)
2. Add to 2.32.070 (PC Powers and Functions): Make policy recommendations to the
City Council to implement the General Plan, including, but not limited to, elements
in land use, mobility, environment, health and safety, and infrastructure.
3. Add to 2.32.070: Assess proposed projects for potential environmental impacts in
accordance with the California Environmental Quality Act (CEQA). Review
environmental documents and recommend mitigation measures or project
alternatives to reduce impacts and support the General Plan;
4. Add to 2.32.070: Make recommendations on transportation related planning
documents, such as Vision and Master plans. The Commission shall consider the
impact on economic and community development (including environmental,
aesthetic, public health and safety, and level of services for traffic and safe routes to
school).
5. Add to 2.32.070: Make recommendations on planning projects, including CIP
projects. Evaluate impacts on all modes of transportation, including, but not limited
to, vehicular traffic, transportation management plans, parking capacity, transit
options (including shuttles).
6. Add to 2.32.070: Provide advice on any matter, including policies and programs,
pertaining to land use planning and transportation systems affecting the city.
Council did not vote on this motion.
FRIENDLY AMENDMENT: Wang offered a friendly amendment for the Bicycle
Pedestrian Commission to report to the Planning Commission per Option 2, with the
Planning Commission having authority over the ATP, Vision Zero, and other initiatives.
The friendly amendment was not accepted and was not incorporated into the motion.
SUBSTITUTE MOTION: Moore moved and Fruen seconded a substitute motion to take
no action (making no changes to Municipal Code Chapter 2.92 regarding the Bicycle
Pedestrian Commission’s name, powers, or functions), but to ensure the Commission
carries out its responsibilities under Section 2.92.080(B), which include reviewing,
making recommendations, and monitoring the City’s General Plan Transportation
Element. Council should exercise prudence in referring items to the Planning
Commission and Bicycle Pedestrian Commission, following staff recommendations
regarding whether a joint or separate meeting is appropriate. Council should consider
updating the Code regarding the Planning Commission as a separate item on the same
topic, as the Commission may lack expertise for certain aspects of a transportation
study.
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September 16, 2025 City Council Minutes
Page 13
FRIENDLY AMENDMENT: Fruen made a friendly amendment as a direction to the
City Manager to develop additional policy on increased transparency around a specific
class of projects. As described in Chao’s motion. (Moore accepted the friendly
amendment.)
FRIENDLY AMENDMENT: Chao proposed a friendly amendment for staff to consider
the responsibilities and points raised in her motion and to evaluate them. (Moore and
Fruen accepted the friendly amendment, with staff understanding that they would
evaluate the suggestions as overarching topics when bringing them back to the
Council.)
The amended substitute motion passed with the following vote: Ayes: Chao, Moore,
Fruen, and Mohan. Noes: Wang. Abstain: None. Absent: None.
ADJOURNMENT
At 12:36 a.m., on Wednesday, September 17, Mayor Chao adjourned the Regular City Council
Meeting. There was no further discussion on the remaining items.
PUBLIC HEARINGS
20. Subject: Introduce amendments to Cupertino Municipal Code, adding Title 14, Chapter
14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of
wireless facilities within City streets
Recommended Action: 1. Conduct the first reading of Ordinance 25-2276“An
Ordinance of the City Council of the City of Cupertino adding City Code Title 14
Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way”;
2. Adopt Resolution No. 25-081 approving the “Regulations for Construction,
Operation, and Maintenance of Small Wireless Facilities in the Public Right of Way”;
and
3. Find that the proposed actions are exempt from CEQA.
Written communications for this item included a presentation.
This item was continued to the October 7 Regular City Council meeting per rule.
ACTION CALENDAR
21. Subject: Revisions to Cupertino City Council Procedures Manual
Recommended Action: Adopt Resolution No. 25-082 amending the Cupertino City
Council Procedures Manual
Written communications for this item included a presentation.
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September 16, 2025 City Council Minutes
Page 14
This item was continued to the October 7 Regular City Council meeting per rule.
CITY MANAGER REPORT
23. Subject: City Manager Report
Interim City Manager Tina Kapoor reported on recent highlights and upcoming events
as provided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
24. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
25. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
43
CITY OF CUPERTINO
Agenda Item
25-14179 Agenda Date: 10/7/2025
Agenda #: 10.
Subject: Review of future agenda items requested by City Councilmembers (“TBD List”)
Review the TBD list as of October and accept the staff recommendations for all 16 items
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™44
1
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Review of future agenda items requested by City Councilmembers (“TBD List”)
Recommended Action
Review the TBD list as of October and accept the staff recommendations for all 16 items
Reasons for Recommendation and Options
As required per the Council’s adopted Procedures Manual, the City Manager provide s a
quarterly report to Council regarding the status of future agenda items. These are items
that at least two Councilmembers have requested to be added to a future City Council
agenda.
Background
On July 1, staff presented a list of 18 items for Council consideration. Council accepted
all staff recommendations (described in Attachment A). Since July, nine of the 18 items
have been completed and have been removed from the list with Council adding six
items to the future agenda items list for consideration.
The updated TBD list as of October is included as Attachment B with staff
recommendations for all 16 items. A majority vote of the City Council can either
agendize an item for discussion at a future date or remove an item from the list, as
outlined in the Council Procedures Manual.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not applicable.
45
2
City Work Program Item/Description
No/N/A
Council Goal
N/A
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Future Agenda Items List from July 2025 with Adopted Motion
B – Future Agenda Items List as of October 2025
46
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
1 An action item to add the City Hall
Renovation and City Hall Annex to the
Fiscal Year (FY) 2025-26 Capital
Improvement Programs (CIP) projects
list.
Requestor:
Chao
Seconder:
Moore
7/9/24
added by
email
On 2/4 Council voted to
agendize this item. This
item is on the 7/1 City
Council Meeting. Staff
recommends removing
this item from the TBD
List after the meeting.
2/4/25 Recommendation
accepted. Item
discussed at
September 16 CC
Meeting. This item
will be removed
from this list.
2 Consider a policy to provide access to
documents made available for closed
sessions ahead of time with proper
security measures. Accordingly,
Councilmembers can read the materials
before and after a closed session.
Requestor:
Chao
Seconder:
Moore
At 7/16/24
Council
meeting
On 2/4 Council voted to
keep this item on the TBD
list until it is added to the
Council Procedures
Manual, which is
tentatively scheduled for
Summer 2025. Staff
recommends removing
this item once it is heard
by Council.
2/4/25 Recommendation
accepted. Council
procedures manual
scheduled for
October 2025.
3 Review the Cupertino City Council
Procedures Manual
Requestor:
Chao
Seconder:
Moore
At 12/3/24
Council
meeting
Revisions to the manual
were done at the March 18
City Council Meeting.
Further revisions are
tentatively scheduled for
Summer 2025. Staff
recommends removing
this item once it is heard
by Council.
N/A Recommendation
accepted. Council
procedures manual
scheduled for
October 2025.
47
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
4 Review the architectural standards for
5G towers
Requestor:
Wang
Seconder:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to
keep this item on TBD
until it was added to the
City Work Program
(CWP). This item was
added to the FY 25-27
CWP. This is tentatively
scheduled to come to
Council in September.
Staff recommends
removing this item from
this list once it has been
heard by the City Council.
2/4/25 Recommendation
accepted. 5G item
scheduled for
October 7 CC
Meeting.
5 Study session to discuss the policy for
the Capital Improvement Project (CIP)
approval process
Requestor:
Chao
At 3/18/25
Council
Meeting
This item was discussed at
the April 2 Council
meeting. Staff
recommends removing
this item from this list.
N/A Recommendation
accepted. This item
will be removed
from this list.
6 Reactivate the Legislative Review
Committee (LRC)
Requestor:
Chao
At 12/17/24
Council
meeting
On 2/4 Council voted to
agendize this item. On
3/18 Council created a
legislative subcommittee,
which is currently in effect
and is discussing details
on bringing back the LRC.
Staff recommends
removing this item from
this list.
2/4/2025
approved
by council
to agendize
Recommendation
accepted. This item
will be removed
from this list.
48
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
7 Reactivate the Economic Development
Committee (EDC)
Requestor:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to
agendize this item. On
4/15 Council reactivated
the EDC. Council made
further amendments to
the committee
composition on June 17.
Staff recommends
removing this item from
this list.
2/4/2025
approved
by council
to agendize
Recommendation
accepted. This item
will be removed
from this list.
8 Introduce and conduct first reading of
Ordinance No. 25-____ of Municipal
Code Amendments regarding vehicle
parking restrictions.
“I would like to propose a minor
modification to the Muni Code for
parking to address the issue that a
vehicle could occupy the same section
of a public street 24x7 as long as they
move the vehicle by 6 inches. This is
against the original intent of the Muni
Code 11.24.130. I have included
relevant Muni Code sections from
Mountain View and Sunnyvale, in
addition to Cupertino's Muni Code
below. We could consider the two
options:
- Mountain View's version: Any
vehicle must be moved at least
Requestor:
Chao
3/20/25
added by
email
This item is being
discussed by the City
Council in July. Staff
recommends removing
this item from this list
once it has been heard by
the City Council.
N/A Recommendation
accepted. Item
discussed at
September 16 CC
Meeting. This item
will be removed
from this list.
49
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
one thousand (1000) feet
(approximately two-tenths (2/10)
of a mile) from its current
location and may not return to
the same parking spot for at least
twenty-four (24) hours after its
departure.
- Sunnyvale's version: Pushing or
moving a vehicle a short distance
will not be considered
compliance with this section.
Additionally, successive acts of
parking shall be presumed to be
a single act of parking within the
meaning of this section when the
vehicle is moved merely for the
purpose of avoiding the parking
limitations prescribed by this
section.
I hope that such minor modification
could be considered in a timely manner.
9 Study session on multi-family
apartments converting to student
housing (MOTION: Chao moved and
Moore seconded to add the following
item to a future agenda: A study
session on the multifamily apartment
conversion to student housing issue,
and whether the City can do it; include
Requestor:
All
At 4/2/25
Council
Meeting
On 4/2 Council voted to
agendize this discussion.
On 5/6 Council adopted a
resolution to encourage
student housing while
preserving multi-unit
housing. A study session
is tentatively scheduled to
4/2/2025
approved
by council
to agendize
Recommendation
accepted. This item
has not been
agendized.
50
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
existing proposed bills on student
housing and comparisons to municipal
codes on student housing in other
jurisdictions, such as San Francisco and
Berkeley; and consider a potential
ordinance for student housing, so the
City has control of its use and impact.
The motion passed with the following
vote: Ayes: Chao, Moore, Fruen,
Mohan, and Wang. Noes: None.
Abstain: None. Absent: None.)
go to Council this
summer. Staff
recommends removing
this item once it has been
heard by the City Council.
10 An Informational Memorandum on the
contracts signed by the City in the past
year. Ideally, include the purpose, the
department and the contract duration
and the dollar amount. If this request
would need to be added to the info
memo TBD list to get majority support.
A monthly report on new contract
signed or renewed would be quite
helpful going forward too.
Requestor:
Chao
4/4/25
added by
email
This info memo was
published on May 15.
Staff recommends
removing this item from
this list.
N/A Recommendation
accepted. This item
will be removed
from this list.
11 Restore the previous responsibilities of
the Audit Committee (Motion: An
action item to restore the Audit
Committee’s previous responsibilities.
The motion passed with the following
vote: Ayes: Chao, Moore, and Wang.
Noes: Fruen and Mohan. Abstain:
None. Absent: None).
Requestor:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to
agendize this discussion.
On 5/20 Council directed
the Audit Committee to
discuss their scope and
bring recommendations to
Council. This will be
added to the upcoming
2/4/25
approved
by council
to agendize
This item was
discussed at the
July 28 Audit
Committee
meeting.
Recommendations
will be brought to
51
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
Audit Committee agenda
for discussion. Staff
recommends removing
this item from this list
once it has been heard by
the City Council.
Council at the 10/7
CC meeting.
12 For transportation projects and added
lane reductions to fall under the
jurisdiction of the Planning
Commission (Motion: An action item to
expand the Responsibility for the
Planning Commission to add small cell
issues and transportation issues, such as
traffic demand management (TDM),
intersection reconfiguration, lane
reduction, etc. (and perhaps to rename
it the Planning and Transportation
Commission. The motion passed with
the following vote: Ayes: Chao, Moore,
and Wang. Noes: Fruen and Mohan.
Abstain: None. Absent: None).
Requestor:
Wang
Seconder:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to
agendize this item. This
item is tentatively
scheduled for July. Staff
recommends removing
this item from this list
once it has been heard by
the City Council.
2/4/25
approved
by council
to agendize
Recommendation
accepted. Item
discussed at
September 16 CC
Meeting. This item
will be removed
from this list.
13 A study session to consider regulations
on sound amplification devices in parks
(Motion: A friendly amendment was
approved to hold a study session on
this item. Add this item to an agenda:
Amend CMC Section 13.04.120 Use of
Park Property “No person in the park
shall do any of the following: … 1. Use
Requestor:
Moore
Seconder:
Chao
At 9/17/24
Council
meeting
On 2/4 Council voted to
agendize this study
session as soon as
appropriate. Staff
recommends keeping this
item on this list until it is
agendized.
2/4/25
approved
by council
to agendize
Recommendation
accepted. This item
has not been
agendized.
52
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
any system for amplifying sounds,
whether for speech or music or
otherwise, unless an exclusive use
permit is first secured,” as… “No
person in a park shall do any of the
following: … 1. Use any system for
amplifying sounds, whether for speech
or music or otherwise, in an
unreasonable loud manner, unless an
exclusive use permit is for secured,”
where the definition of “unreasonably
loud manner” means “the volume of
sound in the use or operation of any
sound application equipment if such
sound can be heard by a person from
fifty (50) or more feet from the source of
the amplification” (as defined in
Oakland Muni Code)
14 Guidelines and Procedures regarding
Proclamations and Certificates (Motion:
A friendly amendment was approved to
agendize this item as appropriate.)
Requestor:
Chao
1/15/25
added by
email.
Email
attached
below.
On 2/4 Council voted to
agendize this item as soon
as appropriate. Staff
recommends keeping this
item on this list until it is
agendized.
2/4/25
approved
by council
to agendize
Recommendation
accepted. This item
has not been
agendized.
15 Receive update and review the Active
Transportation Plan
Requestor:
Wang,
Seconder:
Chao
4/17/25
added by
email
An update on this item is
tentatively scheduled for
Fall 2025. Staff
recommends removing
N/A Recommendation
accepted. This item
will be discussed in
October.
53
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
this item once it has been
heard by the City Council.
16 Consider Finch Property for potential
purchase or other partnership with
CUSD. This includes:
• Information about the Finch
Property itself
• Any communication about the
Finch Property from CUSD
• The info memo on the current
balance and estimated future
parkland impact fee.
Requestor:
Chao
3/20/25
added by
email
On 4/15 Council voted to
agendize this item. This
item is on the 7/1 City
Council meeting. Staff
recommends removing
this item after the
meeting.
4/15/25
approved
by council
to agendize
Recommendation
accepted. Item
discussed at 7/1 CC
Meeting. This item
will be removed
from this list.
17 Get some clarity on the total expenses
for the sister and friendship cities.
These are valuable programs for the
city, but we should be cognizant of the
expenses so far and going forward (in
the budget).
“Will someone please provide a cost
update prior to the Sister/Friendship city
Policy Agenda item, to the following
table (below) provided in October 10,
2023 Supplemental Materials to the
October 10, 2023 agenda item, to
include:
Requestor:
Moore,
Seconder:
Chao
4/14/25
added by
email
An info memo was
published on 5/29. Staff
recommends removing
this item from this list.
N/A Recommendation
accepted. This item
will be removed
from this list.
54
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
• Friendship City costs (gifts, staff
time?), the table only has Sister
Cities.
• Provide Actual Staff costs to
manage the program so that we can
compare them with the budgeted
amount. If possible, by Sister or
Friendship city.
o Staff costs of meeting with the
delegations which includes a
presentation by the City
Manager, slide show, City Staff
support, City photographer,
City Staff guided tour of the
library, Community Hall, and
City Hall.
o Staff attendance at various Sister
City and Friendship City events
(Bell ringing for Peace, for
example)
o Staff time making
proclamations, speeches for
Mayor etc.
o Staff free Advertising costs such
as promotional videos, this
requires staff time to write a
script, video edit, post the
videos etc. Here are examples:
55
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
o https://www.youtube.com/watc
h?v=b5zyfVVrQhs
o https://www.youtube.com/watc
h?v=wwlHxT5-f9I
• Provide travel costs whether
covered by the city or not (we
should know if individuals are
traveling to cities paid for by a
Friendship or Sister City) and if it
was for staff or a councilmember.
The staff or councilmember would
have to report the costs covered by
the Sister or Friendship City and the
city would have a record of what
costs were covered.
• How many of the 18 free facility
uses were used and for how many
hours? The budgeted amount
should be the max. cost? 18 x 4
sister cities x Number of Hours x
Cost per hour? I mention this
because the policy is very vague
surrounding the uses.
• Any costs I may be missing?
Please repeat the process for FY 23-
24 and FY 24-25 so far. We have had
no update since 2023. Please indicate
which Sister/Friendship City the
costs are for with a total for each.”
56
Attachment A – July 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Council Motion
18 Grant Policy Update Requestor:
Chao
Seconder:
Moore
6/13/25
Verbal
Request
This item is tentatively
scheduled for January
2026. Staff recommends
keeping this item on this
list until it is agendized.
N/A Recommendation
accepted. This item
will be discussed in
January.
57
Attachment B – October 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
1 Consider a policy to provide access to
documents made available for closed
sessions ahead of time with proper
security measures. Accordingly,
Councilmembers can read the materials
before and after a closed session.
Requestor:
Chao
Seconder:
Moore
At 7/16/24
Council
meeting
On 2/4 Council voted to keep this item on
the TBD list until it is added to the Council
Procedures Manual, which is tentatively
scheduled for October 2025. Staff
recommends removing this item once it is
heard by Council.
2/4/25
2 Review the Cupertino City Council
Procedures Manual
Requestor:
Chao
Seconder:
Moore
At 12/3/24
Council
meeting
Revisions to the manual were done at the
March 18 City Council Meeting. Further
revisions are tentatively scheduled for
October 2025. Staff recommends removing
this item once it is heard by Council.
7/1/25
approved by
council to
agendize
3 Review the architectural standards for
5G towers
Requestor:
Wang
Seconder:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to keep this item on
TBD until it was added to the City Work
Program (CWP). This item was added to the
FY 25-27 CWP. This is scheduled to come to
Council on October 7. Staff recommends
removing this item from this list once it has
been heard by the City Council.
2/4/25
4 Study session on multi-family
apartments converting to student
housing (MOTION: Chao moved and
Moore seconded to add the following
item to a future agenda: A study
session on the multifamily apartment
conversion to student housing issue,
and whether the City can do it; include
existing proposed bills on student
housing and comparisons to municipal
codes on student housing in other
Requestor:
All
At 4/2/25
Council
Meeting
On 4/2 Council voted to agendize this
discussion. On 5/6 Council adopted a
resolution to encourage student housing
while preserving multi-unit housing. A
study session was tentatively scheduled to
go to Council this summer to discuss the De
Anza College district plan for student
housing. However, the college district has
since completed the purchase of the
property and a study session about the
4/2/2025
approved by
council to
agendize
58
Attachment B – October 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
jurisdictions, such as San Francisco and
Berkeley; and consider a potential
ordinance for student housing, so the
City has control of its use and impact.
The motion passed with the following
vote: Ayes: Chao, Moore, Fruen,
Mohan, and Wang. Noes: None.
Abstain: None. Absent: None.)
property appears to be no longer needed.
Staff recommends removing this item.
5 Restore the previous responsibilities of
the Audit Committee (Motion: An
action item to restore the Audit
Committee’s previous responsibilities.
The motion passed with the following
vote: Ayes: Chao, Moore, and Wang.
Noes: Fruen and Mohan. Abstain:
None. Absent: None).
Requestor:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to agendize this
discussion. On 5/20 Council directed the
Audit Committee to discuss their scope and
bring recommendations to Council. The
Audit Committee discussed this at the July
28 meeting and recommendations will be
brought to Council at the October 7 CC
meeting. Staff recommends removing this
item from this list once it has been heard by
the City Council.
2/4/25
approved by
council to
agendize
6 A study session to consider regulations
on sound amplification devices in parks
(Motion: A friendly amendment was
approved to hold a study session on
this item. Add this item to an agenda:
Amend CMC Section 13.04.120 Use of
Park Property “No person in the park
shall do any of the following: … 1. Use
any system for amplifying sounds,
whether for speech or music or
otherwise, unless an exclusive use
Requestor:
Moore
Seconder:
Chao
At 9/17/24
Council
meeting
On 2/4 Council voted to agendize this study
session as soon as appropriate. Staff
recommends keeping this item on this list
until it is agendized.
2/4/25
approved by
council to
agendize
59
Attachment B – October 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
permit is first secured,” as… “No
person in a park shall do any of the
following: … 1. Use any system for
amplifying sounds, whether for speech
or music or otherwise, in an
unreasonable loud manner, unless an
exclusive use permit is for secured,”
where the definition of “unreasonably
loud manner” means “the volume of
sound in the use or operation of any
sound application equipment if such
sound can be heard by a person from
fifty (50) or more feet from the source of
the amplification” (as defined in
Oakland Muni Code)
7 Guidelines and Procedures regarding
Proclamations and Certificates (Motion:
A friendly amendment was approved to
agendize this item as appropriate.)
Requestor:
Chao
1/15/25
added by
email.
Email
attached
below.
On 2/4 Council voted to agendize this item
as soon as appropriate. Staff recommends
keeping this item on this list until it is
agendized.
2/4/25
approved by
council to
agendize
8 Receive update and review the Active
Transportation Plan
Requestor:
Wang,
Seconder:
Chao
4/17/25
added by
email
An update on this item is scheduled for
October 2025. Staff recommends removing
this item once it has been heard by the City
Council.
7/1/25
approved by
council to
agendize
9 Grant Policy Update Requestor:
Chao
Seconder:
Moore
6/13/25
Verbal
Request
This item is tentatively scheduled for
January 2026. Staff recommends keeping
this item on this list until it is agendized.
7/1/25
approved by
council to
agendize
60
Attachment B – October 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
10 A study session on Memorial Park and
the proposed design. Most people I've
spoken to love Memorial Park the way
it is now where it is mostly naturally
space, rather than one jam packed with
stuff in the proposed plan. I hope to
consider a minimalist option with
upgrade of existing features and only
include some low impact features.
And reduce the cost. Maybe we might
refer it to Parks and Rec Commission to
consider options.
Requestor:
Chao
9/23/25
added by
email
Staff recommends keeping this item on this
list until it is agendized.
N/A
11 Study Session on updates to the Policies
and Guidelines on Sister Cities,
Friendship Cities, and International
Delegations pertaining to international
travel (Postponed on April 2, 2025)
Requestor:
Chao
Seconder:
Wang
At 3/4/25
Council
meeting
The policy will be coming to Council in
November/December 2025. Staff
recommends removing this item once it has
been heard by the City Council.
12 Study session regarding potential ballot
measure to protect frontage retail;
rezoning of mixed-use sites to preserve
retail
Requestor:
Chao
Seconder:
Moore
9/15/25
Verbal
Request
Staff recommends considering this item
during the annual review of the FY 25-27
CWP to discuss status of current projects
and staff capacity to take on new ones.
13 Consider establishing protections for
parkland, similar to those adopted by
the cities of Sunnyvale and Milpitas
Requestor:
Moore
Seconder:
Chao
9/30/25
Verbal
Request
Staff recommends considering this item
during the annual review of the FY 25-27
CWP to discuss status of current projects
and staff capacity to take on new ones.
61
Attachment B – October 2025 Future Agenda Item List
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
14 Proposed revisions to the bylaws of the
Cities Association of Santa Clara
County Joint Powers Agency;
Authorization for the Mayor to
sign a letter to the Cities Association
regarding the revisions
Requestor:
Chao
Seconder:
Moore
9/15/25
Verbal
Request
This item is currently scheduled for October
7. Staff recommends removing this item
from TBD list once it has been heard by
Council.
15 Formation of a City Council
Subcommittee on Festival/Facilities Fee
Waiver Policy
Requestor:
Chao
Seconder:
Moore
9/29/25
Verbal
Request
Staff recommends keeping this item on this
list until it is agendized.
16 Review of contractual duties and scope
of work for Cupertino Chamber of
Commerce agreement.
Requestor:
Chao
10/1/25
added by
email
Staff recommends keeping this item on this
list until it is agendized.
62
CITY OF CUPERTINO
Agenda Item
25-14289 Agenda Date: 10/7/2025
Agenda #: 11.
Subject:Amendment to 2025 Council Committee Assignments to designate Council appointments to
the Economic Development Committee (EDC);Formation of a Council Ad Hoc Subcommittee for the
EDC.
1.Ratify amendment to the 2025 Council Committee assignments to designate Councilmember R “Ray”Wang
as the primary and Mayor Liang Chao as the alternate to the Economic Development Committee (EDC); and
2.Approve the formation of an Ad Hoc Council Subcommittee comprised of Mayor Liang Chao and
Councilmember R “Ray” Wang to review potential opportunities and explore areas of focus for the EDC
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™63
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Amendment to 2025 Council Committee Assignments to designate Council appointments to the
Economic Development Committee (EDC); Formation of a Council Ad Hoc Subcommittee for the
EDC.
Recommended Action
1. Ratify amendment to the 2025 Council Committee assignments to designate
Councilmember R “Ray” Wang as the primary and Mayor Liang Chao as the alternate to
the Economic Development Committee; and
2. Approve the formation of a Council Ad Hoc Subcommittee comprised of Mayor Liang
Chao and Councilmember R “Ray” Wang to review potential opportunities and explore
areas of focus for the Economic Development Committee (EDC).
Reasons for Recommendation
The Economic Development Committee consists of nine (9) members appointed by the City
Council to overlapping four-year terms, comprised of five industry sector representatives, one
City Council member, one Planning Commission representative, one Sustainability Commission
representative, and one Technology, Information, and Communications Commission
representative (see Municipal Code 2.96.010). The initial term for the representative expires
January 30, 2026 (CMC §2.96.020). Regular meetings are held quarterly and as needed (time and
location to be determined).
The City Council appoints Councilmembers to serve as representatives to local and regional
organizations. Per the City Council Procedures Manual (Resolution No. 25-021), the Mayor
appoints Councilmembers to standing and ad hoc committees and subcommittees established by
the City Council, subject to ratification at the next regular Council meeting.
The City Council established the 2025 Committee assignments on December 17, 2024, and
approved amendments on June 17, 2025. A further amendment is necessary to designate Council
representatives to the Economic Development Committee (EDC). The amended 2025 Council
Committee Assignments (Attachment A) designates a primary and alternate Councilmember to
the EDC.
64
The Council may consider forming a City Council Ad Hoc Subcommittee, comprised of Mayor
Liang Chao and Councilmember R “Ray” Wang. The Subcommittee would review potential
opportunities and explore areas of focus for the EDC, including upcoming regional events such
as the 2026 FIFA World Cup and Super Bowl LX. These events are expected to create
opportunities for Cupertino in business engagement, hospitality, tourism, and community
programming. If approved, the Subcommittee would provide recommendations to the full
Council for consideration.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description:
Small Business Council/Economic Development: Restore the Economic Development
Committee
Council Goal:
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Draft Amended 2025 Council Committee Assignments (redline)
B – Draft Amended 2025 Council Committee Assignments (clean)
65
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Second Amended (Approved CC 10/7/25)
Council Committees 2025 Representative Meetings
Audit Committee (City of Cupertino)Kitty Moore - Primary 1
Sheila Mohan - Primary 2
Meets monthly, usually 4th Monday of month
4 p.m. - 6 p.m.
66
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Council Committees 2025 Representative Meetings
Association of Bay Area Governments (ABAG)JR Fruen - Primary Annually in April or May
R "Ray" Wang - Alternate Bay Area Metro Center
Kitty Moore - Second
Alternate
Yerba Buena Conference Room
375 Beale Street
San Francisco, California
Chambers, County Government Center – 70 West
6:15pm
(hybrid in-person/zoom if possible)
2022).
456 W Olive Ave, Sunnyvale 94086
6pm at Sunnyvale City Hall, West conference Room
456 W Olive Ave, Sunnyvale 94086
456 W Olive Ave, Sunnyvale 94086
Committee
67
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Council Committees 2025 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of Directors Sheila Mohan - Primary Quarterly
JR Fruen - Alternate 1:30pm at Library Services & Support Center
1370 Dell Ave., Campbell, CA 95008
Kitty Moore - Alternate Times and locations vary each month
3331 North First Street, Conference Room B-106
School Partnership and School Liaison Quarterly
Kitty Moore - Alternate 12pm
Location changes monthly
Location changes each quarter
Sheila Mohan - Alternate 7pm
Cupertino Community Hall
Stevens Creek Corridor Transit Steering Committee R "Ray" Wang - Primary
Kitty Moore - Alternate
SC Meeting 4: mid May (Before Memorial Day)
68
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Second Amended (Approved CC 10/7/25)
Council Committees 2025 Representative Meetings
Audit Committee (City of Cupertino)Kitty Moore - Primary 1
Sheila Mohan - Primary 2
Meets monthly, usually 4th Monday of month
4 p.m. - 6 p.m.
69
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Council Committees 2025 Representative Meetings
Association of Bay Area Governments (ABAG)JR Fruen - Primary Annually in April or May
R "Ray" Wang - Alternate Bay Area Metro Center
Kitty Moore - Second
Alternate
Yerba Buena Conference Room
375 Beale Street
San Francisco, California
Chambers, County Government Center – 70 West
6:15pm
(hybrid in-person/zoom if possible)
2022).
456 W Olive Ave, Sunnyvale 94086
6pm at Sunnyvale City Hall, West conference Room
456 W Olive Ave, Sunnyvale 94086
456 W Olive Ave, Sunnyvale 94086
Committee
70
Second Amended 2025 Council Committees Approved CC 12/17/24
Amended 6/17/25
Council Committees 2025 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of Directors Sheila Mohan - Primary Quarterly
JR Fruen - Alternate 1:30pm at Library Services & Support Center
1370 Dell Ave., Campbell, CA 95008
Kitty Moore - Alternate Times and locations vary each month
3331 North First Street, Conference Room B-106
School Partnership and School Liaison Quarterly
Kitty Moore - Alternate 12pm
Location changes monthly
Location changes each quarter
Sheila Mohan - Alternate 7pm
Cupertino Community Hall
Stevens Creek Corridor Transit Steering Committee R "Ray" Wang - Primary
Kitty Moore - Alternate
SC Meeting 4: mid May (Before Memorial Day)
71
CITY OF CUPERTINO
Agenda Item
25-14290 Agenda Date: 10/7/2025
Agenda #: 12.
Subject:Appointment of the Sustainability Commission,Technology,Information,and Communications
Commission,and Planning Commission recommendations as representatives to the Economic Development
Committee
Accept the following Commission recommendations to appoint representatives to the Economic Development
Committee:
1.Accept the Sustainability Commission’s recommendation to appoint Jack Carter for a term expiring January
30, 2026:
2.Accept the Technology,Information,and Communications Commission’s recommendation to appoint
Balaram Donthi for a term expiring January 30, 2026;
3.Accept the Planning Commission’s recommendation to appoint Tracy Kosolcharoen for a term expiring
January 30, 2026.
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™72
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Appointment of the Sustainability Commission, Technology, Information, and Communications
Commission, and Planning Commission recommendations as representatives to the Economic
Development Committee
Recommended Action
Accept the following Commission recommendations to appoint representatives to the Economic
Development Committee:
1. Accept the Sustainability Commission’s recommendation to appoint Jack Carter for a term
expiring January 30, 2026:
2. Accept the Technology, Information, and Communications Commission’s
recommendation to appoint Balaram Donthi for a term expiring January 30, 2026;
3. Accept the Planning Commission’s recommendation to appoint Tracy Kosolcharoen for a
term expiring January 30, 2026.
Reasons for Recommendation
In accordance with Cupertino Municipal Code (CMC) Sections 2.96.010-2.96.030, the Economic
Development Committee (EDC) includes one Sustainability Commission member, one
Technology, Information, and Communications Commission member, and one Planning
Commission member. The initial term for these Commission representatives expires January 30,
2026. After the initial term, subsequent terms are one year, expiring January 30, or until a
successor is appointed. Members may not serve more than two consecutive terms, except when
filling an unexpired term of less than two years. If a member resigns, becomes ineligible, or is
removed, the Council appoints a replacement to serve the remainder of the term.
On July 2, 2025, the Technology, Information, and Communications Commission recommended
Balaram Donthi for a term expiring January 30, 2026. On July 17, 2025, the Sustainability
Commission recommended Jack Carter for a term expiring January 30, 2026. On July 22, 2025, the
Planning Commission recommended Tracy Kosolcharoen for a term expiring January 30, 2026.
Sustainability Impact
No sustainability impact.
73
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description:
Small Business Council/Economic Development: Restore the Economic Development
Committee
Council Goal:
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
None
74
CITY OF CUPERTINO
Agenda Item
25-14327 Agenda Date: 10/7/2025
Agenda #: 13.
Subject:Introduce amendments to Cupertino Municipal Code,adding Title 14,Chapter 14.30 Small
Wireless Facilities In Public Rights-Of-Way,pertaining to regulation of wireless facilities within City
streets (Continued from September 16, 2025)
1.Conduct the first reading of Ordinance 25-2276“An Ordinance of the City Council of the City of
Cupertino adding City Code Title 14 Chapter 14.30 Small Wireless Facilities In Public Rights-Of-
Way”;
2.Adopt Resolution No.25-081 approving the “Regulations for Construction,Operation,and
Maintenance of Small Wireless Facilities in the Public Right of Way”; and
3. Find that the proposed actions are exempt from CEQA.
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™75
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Introduce amendments to Cupertino Municipal Code, adding Title 14, Chapter 14.30
Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of wireless
facilities within City streets.
Recommended Action
1.Conduct the first reading of Ordinance 25-____ “An Ordinance of the City Council of
the City of Cupertino adding City Code Title 14 Chapter 14.30 Small Wireless Facilities
In Public Rights-Of-Way.”
2.Adopt Resolution No. 25-___ approving the “Regulations for Construction, Operation,
and Maintenance of Small Wireless Facilities in the Public Right of Way.”
3.Find that the proposed actions are exempt from CEQA.
Executive Summary
Staff presented a draft ordinance and regulations to City Council on December 6, 2022,
and received feedback regarding further refinement to finalize the documents. This
information has been incorporated into the proposed ordinance and regulations. The
ordinance and regulations strengthen the City’s permitting process for small wireless
facilities while complying with federal regulations and state law. The updated ordinance
and regulations:
1)Establish standards for more- and less-preferred locations for small wireless
facilities.
2)Include procedures for RF exposure verification and authorizes the Public Works
Director to obtain a peer review of RF exposure analyses.
3)Amend the timing of certain pre-application notification activities to ensure
consistency with shot clock requirements.
4)Grant applicants and residents or owners within 300 feet of a proposed wireless
facility the right to appeal the Public Works Director’s decision regarding a permit
application to the City Manager.
5)Authorize the Public Work’s Director to revoke or modify permits based on
changes in the state or federal law that expand the City’s authority.
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6) Work to create a 1,000-foot separation radius between small wireless facilities from
the same carrier.
Background
Small cell wireless communication facilities, often mistakenly referred to as "5G", are a
type of wireless infrastructure. Traditionally, wireless facilities were large antennas
placed high above the ground that service a wide area (referred to as "macrocells").
Small wireless facilities provide spot coverage to a relatively small area, and therefore a
denser network of small wireless facilities has generally been needed to enhance
wireless capacity. Small wireless facilities are typically installed on existing
infrastructure such as streetlights.
However, because small wireless facilities are often installed in close proximity to homes
and businesses, local jurisdictions have developed targeted regulations to aid in
addressing the impacts of the facilities.
The City has held seven City Council study sessions on the subject of small wireless
facilities. These study sessions have covered many matters including legal issues,
aesthetic concerns, permitting guidelines, noticing requirements, and siting preferences.
Much of what was discussed at these meetings, including the federal and state laws
governing the installation of these facilities, remains relevant. Links to videos of these
meetings, as well as additional information on small cell facilities, can be found on the
City’s webpage here: https://www.cupertino.org/our-city/departments/public-
works/permitting-development-services/small-cell-information.
At the City Council meeting on April 20, 2021, Council was presented with updated
permitting guidelines for small cell wireless facilities in the public right of way. Council
requested at this meeting that staff consider creating an ordinance to further support the
permitting guidelines and to establish objective criteria for the siting of the facilities.
Staff presented a draft ordinance and regulations to City Council on December 6, 2022,
and received feedback regarding further refinement to finalize the documents. Staff has
incorporated this input and has prepared an ordinance and regulations that strengthens
the City’s permitting process for small wireless facilities while complying with federal
regulations and state law and incorporating recommendations from City Council.
Background on Relevant State and Federal Law and Regulations
Under state and federal law, wireless communications providers are given the right to
install wireless facilities, including small wireless facilities, within the public right of
way, subject to certain preserved local powers. Local authority to regulate small wireless
facilities is limited under these same laws. In particular, the Federal Communications
Commission (FCC) has established certain limits and regulations regarding the
permitting of small wireless facilities. These limits are designed to facilitate rapid
deployment of small wireless (“5G”) cellular networks. These limits include generally:
• Time limits on the processing of small cell permit applications (Shot Clocks).
77
• Federal preemption of state or local regulations relating to the health effects of
small wireless facilities.
• Federal preemption of any local regulation that “materially inhibits” the
construction of small wireless facilities.
Local jurisdictions retain the ability to regulate small wireless facilities based on public
safety and reasonable aesthetic concerns. To reduce the aesthetic impacts of small
wireless facilities, a local government can set design standards such as requiring
screening or shrouding of facilities and having equipment coloring match the pole.
These design standards must be technically feasible and directed at addressing aesthetic
harms and may not have the effect of prohibiting installations or preventing a carrier
from improving the quality of their service.
Federal and state law restrict the City’s authority to regulate small wireless services.
However, the City retains the authority to address aesthetic and public safety concerns
arising from the installation of small wireless facilities, subject to the conditions
discussed below.
• Regulation of Wireless Facilities May Be Based on Aesthetic and Public Safety
Concerns
State and federal law and regulations, including the Federal Telecommunications Act
(FTC) of 1996 and provisions of the California Government Code and Public Utilities
Code, govern how local jurisdictions may regulate wireless facilities, including small
wireless facilities installed in the public right of way. Local governments, retain the
authority to establish aesthetic conditions for land use, including the authority to
regulate small wireless facilities’ design and placement, as long as placement
regulations do not inhibit a carrier’s ability to enhance their services. They also have
authority to manage the right of way to ensure public safety and to coordinate uses.
These powers enable local governments to enact regulations that would prevent small
cell facilities from interfering with use of the right of way and to protect public safety
by ensuring the poles on which small cells are mounted will securely bear their
weight. To reduce the aesthetic impacts of small cell facilities, a local government can
set design standards such as requiring screening of facilities and having equipment
coloring match the pole. Under FCC regulations, local aesthetic requirements are not
preempted if they are (1) reasonable, (2) no more burdensome than those applied to
other types of infrastructure deployments, and (3) published in advance.
• Regulation of Wireless Facilities Must Not Be Based on Health Concerns
Under federal law, a local government may not set standards for wireless facilities
based on concern over Radio Frequency (RF) emissions from those facilities, beyond
requiring that those facilities’ emissions meet the FCC’s established emission limits. RF
emissions from small wireless facilities in Cupertino typically fall around 100 times
below the FCC’s limits. So long as a small wireless facility complies with FCC
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standards, the City may not establish location requirements, deny a permit
application, or impose permit conditions for the facility based on concerns over its
perceived health effects.
• Regulation Must Not Have the Effect of Prohibiting Wireless Service
Federal law also requires that local government regulation of wireless service not
prohibit or have the effect of prohibiting the provision of personal wireless services.
The FCC’s September 2018 Order specified that “an effective prohibition occurs” when
a regulation “materially inhibits a provider’s ability to engage in any of a variety of
activities related to its provision of a covered service.” It further specified that a local
jurisdiction’s regulation of wireless services can amount to an effective prohibition
where it prevents a carrier from improving the quality of their service or from adding
new technologies and services, not just where it prevents a carrier from filling gaps in
service.
This means that a jurisdiction cannot deny a service provider’s wireless facility
application on the basis that the jurisdiction finds the provider’s existing coverage or
range of services adequate. Local governments also may not enact a blanket
prohibition on installation of small wireless facilities in a particular area of the City or
in specific neighborhoods. However, a jurisdiction could have grounds to deny a
specific placement of a small cellular facility if there is a reasonable alternative location
available
• “Shot Clocks” for Review of Small Cell Facility Applications
Federal law also requires local governments to act on applications for new wireless
facilities within “a reasonable period of time.” The FCC’s September 2018 Order sets
time limits, or “shot clocks,” defining presumptively reasonable periods of time for
review of small cell facility applications. Under the FCC’s Order, a jurisdiction has 60
days to review an application for collocation of a small wireless facility on an existing
structure and 90 days for review of an application to permit a new small wireless
facility.
Aesthetics
The City of Cupertino, through coordination with various wireless providers, has
developed aesthetic standards for small cell facilities on street light poles that
accommodate equipment from all wireless providers while ensuring a generally
homogenous appearance for the facilities. The intent of the aesthetic standards is to
ensure the City had an objective design standard for each carrier to follow and to ensure
consistency of design among different facilities. The City Council recommended
developing a homogenous design in 2016 and recognized the aesthetic design standards
for small wireless facilities (Attachment D) in 2017, when it approved the AT&T master
agreement.
Distances between small wireless facilities
79
The FCC’s September 2018 Order states that “a minimum spacing requirement [for small
cells] that has the effect of materially inhibiting wireless service would be considered an
effective prohibition of service” (FCC 18-133 paragraph 87).
The proposed regulations set a preferred distance between small cell facilities of the
same carrier at 1,000’, unless a carrier can provide documentation showing that a
location that is closer than 1,000’ is the only feasible location that meets their service
needs.
Noticing of planned installations
Cupertino has also worked to enhance transparency of the permitting process for its
residents through various avenues, including mailed notices, extensive online
information, e-notification of permitting activities and other means, including the
longest notification period of any jurisdiction in Santa Clara County.
Due to the FCC’s September 2018 Order which sets time limits for completion of the
review of small cell facility applications, the City typically has 90 days to review an
application for a small cell facility. As part of the regulations, the City has incorporated a
public notification process whereby carriers are required to notify all property owners
located within 300’ of the proposed location. Property owners may comment to the
applicants or directly to the City. The applicants are required to track and provide to the
City a log of all comments and responses received.
The City has set a 21-day period in which the public can comment on the installation
before the City will consider issuing a permit for installation of a small wireless facility.
Although the comment period is 21-days, in practice, the City accepts and reviews all
correspondence from residents regarding small cell facilities, even after the comment
period has ended. It should be noted that Cupertino has the longest comment period of
any of its surrounding communities, with other cities having comment periods that
range from 7 days to 20 days:
Cupertino - 21 Days
Campbell - 10 Days
Los Altos - 15 Days
Los Gatos - 20 Days
Mountain View - 7 Days
Palo Alto - 14 Days
San Jose - 20 Days
Sunnyvale - 14 Days
To provide further notification, transparency, and information to Cupertino residents,
the City has created an online GIS map and e-notification sign-up list. The GIS Map
shows all proposed, permitted, and active small wireless facilities within the city, and
the e-notification signup will alert interested parties, via email, of any updates to the
80
map. The GIS map and e-notification signup can be found on the Cupertino website
here: https://www.cupertino.org/our-city/departments/public-works/permitting-
development-services/small-cell-information.
Site Preference Guidelines
The wireless regulations include revised location preferences. The site preference
standards incorporate input from City Council and help ensure permitted small cell
facilities are installed to minimize visual impacts and to prioritize commercial locations.
The standards provide twelve tiers of preference, which range from Preferred Facilities
(1) to Least Preferred Facilities (12). The preferences are described as follows:
1) Locations where collocation of equipment with existing wireless facilities is
feasible within preferred facility tiers 2 through 7.
2) Locations within mixed use or non-residential districts.
3) Locations within residential districts on or along boulevards (arterials), as shown
on the circulation network of the General Plan.
4) Locations within residential districts on or along avenues designated as major
collector streets, as shown on the circulation network of the General Plan.
5) Locations within residential districts on or along avenues designated as minor
collector streets, as shown on the circulation network of the General Plan.
6) Other locations within residential districts.
7) Any location within 1,000 feet of an existing or proposed wireless facility serving
the same carrier and/or network.
8) Any location within 100 feet of a property that is eligible for protection under the
State Public Resources Code Section 5020.1(j).
9) Any location within 25 feet of an occupied structure, residential dwelling, or
school.
10) New standalone poles that serve only the wireless facility and which do not house
City owned streetlights or other publicly owned facilities.
11) Installations on wooden utility poles.
12) Any location where strand-mounted equipment of any kind is proposed.
A facility shall not be permitted within 1,000 feet of an existing or proposed wireless
facility serving the same carrier and/or network, unless the applicant can provide
documentation showing that a specific site is the only feasible option available to meet
the carrier’s needs.
Wireless Ordinance
Cupertino has historically regulated small wireless facilities using encroachment permits
and formal administrative written guidelines. Staff has prepared this wireless ordinance
81
tailored specifically to wireless facilities in the public right of way. Staff has also
prepared regulations that include siting preferences and design requirements. The
adoption of the regulations would be authorized by the draft ordinance. The intent of
the proposed ordinance and regulations is to ensure that local control over the
placement of small wireless facilities is retained to the greatest extent permitted under
state and federal law, while also creating clear, enforceable rules that can be applied by
the Public Works staff who administer the program.
The ordinance includes the following provisions:
• Requires carriers to obtain a “wireless ROW permit” (encroachment permit) for
any installation of a wireless facility in the public right of way.
• Authorizes the adoption of regulations to implement the provisions of the
ordinance. The ordinance requires any revisions to the regulations other than a
minor modification, as defined, to be approved by the City Council.
• Establishes an application procedure and requires that applicants provide notice
to all residents and property owners within 300-feet of a proposed small wireless
facility.
• Authorizes the City Council to establish a fee for processing a wireless ROW
permit application.
• Authorizes the Public Works Director to make findings to approve or deny a
wireless ROW permit application and provides for an administrative appeal of the
Director’s decision.
• Includes provisions for the revocation of permits and the removal of equipment
following the revocation or termination of a wireless ROW permit.
The wireless regulations include the following provisions:
• Establishes specific application requirements, including requirements to evaluate
alternative locations for the proposed small wireless facilities and to prepare a RF
compliance report for each facility. The regulations also incorporate RF testing
requirements described in the City’s master license agreements.
• Encourages a voluntary pre-submittal community meeting, consistent with the
FCC rulemaking.
• Authorizes the peer review of applicant submittals, including RF compliance
reports, at the expense of the applicant.
• Establishes standard conditions of approval.
• Establishes siting and placement preferences for small wireless facilities, with
collocated equipment, and mixed-use and non-residential districts being the most
preferred locations.
• Includes detailed design standards, including standards for noise, landscaping,
concealment, lighting, and facility size.
• Establishes a 1,000-foot separation radius, based on Council input, between small
wireless facilities from the same carrier unless the applicant demonstrates that
installation of the facility located within the radius is required by applicable state
or federal law, or the Director determines a less-preferred location is necessary to
82
protect public health, safety, or welfare, based on clear and convincing evidence
and specific characteristics of the location of the proposed facility.
The redlined versions of the ordinance and regulations provided in the attachments, show
the changes that were made to the previously presented draft ordinance and draft
regulations. These changes were based on City Council input and legal review.
Staff is recommending that City Council conduct a first reading of the ordinance and
adopt the draft resolution for approval of the regulations.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
Yes, FY 25-26
5G Ordinance: Prepare an ordinance that regulates small cellular facilities in the public
right ow way.
Council Goal:
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Chad Mosley, Director of Public Works
Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Ordinance – Chapter 14.30 (Clean)
B - Ordinance – Chapter 14.30 (Redlines)
C – Wireless Regulations (Clean)
D - Wireless Regulations (Redlines)
E - Draft Resolution
83
01276.0006 2037689.1 1
ORDINANCE NO. 25-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE BY ADDING CHAPTER 14.30 - SMALL WIRELESS
FACILITIES IN PUBLIC RIGHTS-OF-WAY
The City Council of the City of Cupertino finds that:
WHEREAS, the rapid expansion of small wireless facilities in the City’s public rights of
way has created a need to establish ordinances and regulations to ensure the orderly
construction of this infrastructure within the City and to protect the unique aesthetic
characteristics of the City; and
WHEREAS, the City Council of the City of Cupertino has considered the regulation of
small wireless facilities at various City Council meetings, including meetings held on
May 16, 2017, May 15, 2018, July 16, 2019, May 5, 2020, September 15, 2020, April 20, 2021,
and December 16, 2022, and
WHEREAS, the City Council included the further evaluation of an ordinance to regulate
small wireless communication facilities in its City Work Program for fiscal years 2022-23,
2024-25, and the current City Work Program for 2025-26, and
WHEREAS, the City Council provided direction on a draft ordinance presented at the
December 16, 2022 meeting, and that input has been incorporated herein, and
WHEREAS, the City Council held a duly noticed public hearing on September 16, 2025,
and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
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 to add the following new section(s):
84
01276.0006 2037689.1 2
Chapter 14.30 SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
14.30.010 Purpose.
The purpose of this chapter is to establish a process for uniform standards for reviewing
and acting upon requests for the placement of small wireless facilities within the public
rights-of-way of the City consistent with the City’s obligation to promote the public
health, safety, and welfare, to manage the public rights-of-way, and to ensure that the
public is not incommoded by the use of the public rights-of-way for the placement of
small wireless facilities. The City recognizes the role of personal wireless facilities to
provide personal wireless service to the residents and businesses within the City. No
provision of this chapter shall be interpreted in a manner that violates state or federal
law.
14.30.020 Definitions.
A. The abbreviations, phrases, terms, and words used in this chapter will have the
following meanings assigned to them unless context indicates otherwise. Undefined
phrases, terms, or words in this chapter will have their ordinary meanings.
B. The definitions in this chapter shall control over conflicting definitions for the same
or similar abbreviations, phrases, terms, or words as may be defined elsewhere in the
Municipal Code.
C. Definitions.
1. “Applicant” means a person filing an application for placement or
modification of a small wireless facility in the public right-of-way.
2. “Application” means a formal request, including all required and requested
documentation and information, submitted by an applicant to the city for a wireless ROW
permit.
3. “City Manager” means the City Manager or their designee.
4. “Director” means the Director of the Department of Public Works or their
designee.
5. “Eligible facilities request” has the meaning as set forth in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
85
01276.0006 2037689.1 3
6. “FCC” means the Federal Communications Commission or its lawful
successor.
7. “Permittee” means any person or entity granted a wireless ROW permit
pursuant to this chapter.
8. “Personal wireless services” has the same meaning as set forth in 47 U.S.C.
Section 332(c)(7)(C)(i).
9. “Public right-of-way,” “right-of-way,” or “ROW” means any public street,
public way, or public place within the City limits, either owned by the City, dedicated to
the City or granted by easement to the public for the purpose of travel, and which the
City has the responsibility to maintain or manage. “Public right-of-way,” “right-of-way,”
or “ROW” includes all or any part of the entire width of right-of-way, and above and
below the same, whether or not such entire area is actually used for travel purposes.
10. “Support structure” means any structure capable of supporting a base station.
11. “Small wireless facility,” “wireless facility” or “facility” means the
transmitters, antenna structures, and other types of installations used for the provision of
wireless services at a fixed location, including, without limitation, any associated
tower(s), support structure(s), and base station(s) used to provide personal wireless
services, as defined in 47 C.F.R. § 1.6002(l).
12. “Wireless regulations” means regulations adopted pursuant to
Section 14.30.040 and implementing the provisions of this chapter.
13. “Wireless ROW permit” means a permit issued pursuant to this chapter
authorizing the placement or modification of a small wireless facility of a design specified
in the permit at a particular location within the right-of-way.
14.30.030 Applicability.
A. Permit Required. Unless exempted, every person who seeks to place a small
wireless facility in the public rights-of-way or modify an existing wireless facility in the
public rights-of-way must obtain a wireless ROW permit authorizing the placement or
modification of the facility in accordance with this chapter.
B. Exemptions. This chapter does not apply to any of the following:
1. The placement or modification of facilities by the City or by any other agency
of the state solely for public safety purposes.
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01276.0006 2037689.1 4
2. The use of a mobile wireless facility to provide temporarily for wireless
services in the event of an emergency, for no longer than the duration of interruption in
services due to the emergency. This exception does not authorize the excavation,
movement, or removal of existing functional facilities.
3. Wireless communications facilities permitted under Chapter 19.136.
C. Other Legal Requirements. In addition to the requirements of this chapter, an
applicant seeking to place small wireless facilities in the right-of-way shall comply with
other applicable local, state, and federal laws and regulations, including but not limited
to applicable FCC regulations governing radio frequency emissions, the Americans with
Disabilities Act, and all applicable building standards. A valid wireless ROW permit
issued pursuant to the requirements of this chapter and the wireless regulations shall be
deemed to satisfy the requirements of Municipal Code Chapter 14.08.
D. Existing Wireless Facilities. Any permitted small wireless facility already existing
in the right-of-way as of the date of this chapter’s adoption shall remain subject to the
standards and conditions of the Municipal Code in effect prior to effective date of this
chapter, unless and until a renewal of such facility’s then-existing permit is granted, at
which time the provisions of this chapter shall apply in full force going forward as to
such facility. The review of any request for a renewal of a permit for such pre-existing
facilities shall be conducted pursuant to this chapter.
E. Public Use. Except as otherwise provided by state or federal law, any use of the
public right-of-way authorized pursuant to this chapter will be subordinate to the City’s
use and use by the public.
14.30.040 Wireless Standards and Regulations.
A. Adoption and Amendment Regulations. The Director shall develop wireless
standards regulations to implement the requirements of this chapter including
regulations governing eligible facility requests. The City Council shall approve the
adoption of the wireless regulations and shall approve any amendments to the wireless
regulations, except for minor modifications as set forth in Paragraph B. Applicants shall
engineer, design, and locate the small wireless facilities in accordance with the standards
and wireless regulations adopted by the City Council.
B. Minor Modifications. The Director may approve any modification of the wireless
regulations to the extent that such modification does not have the potential to
substantially enlarge or expand the scope of use of the right-of-way for the provision of
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personal wireless service, the potential to interfere with the use or management of the
right-of-way, or the potential to substantially impair public health, safety, and welfare
(“minor modification”). The Director shall notify the City Council of a proposed minor
modification of the wireless regulations at least 10 business days before the modification
takes effect. Prior to the effective date of a proposed minor modification, any
Councilmember may request that Council review the minor modification before it takes
effect. A request for review shall stay the implementation of the minor modification until
the City Council completes its review. The City Council may in its discretion approve,
modify, or reject the proposed minor modification.
14.30.050 Applications.
A. Application Procedures. The Director shall develop forms and procedures for
submission of applications for placement or modification of small wireless facilities and
proposed changes to any support structure consistent with this chapter.
B. Content of Application.
1. An applicant shall submit an application on the form approved by the
Director, which may be updated from time to time, but in any event shall require the
submission of all required fees, documents, information, and any other materials
necessary to allow the Director to make required findings and ensure that the proposed
facility will comply with applicable federal and state law and the Municipal Code and
will not endanger the public health, safety, or welfare.
2. An application for an eligible facility request shall be made in a form approved
by the Director and shall contain information sufficient to determine whether the
proposed facility complies with the requirements of 46 C.F.R. § 1.6100. An application for
an eligible facilities request shall be subject to the requirements of this chapter and the
wireless regulations to the extent expressly stated in this chapter or the regulations.
D. Public Notice. At least 21 days prior to when an application may be approved, the
applicant shall: (1) post notice at the proposed project site in a location near to and visible
from the right-of-way; (2) notify in writing, in a form approved by the Director, of the
filing of the application to property owners and residents of all property within a 300-
foot radius of the proposed project; and (3) provide the City with evidence that notice has
been provided pursuant to Subparagraphs (1) and (2). The applicant shall maintain and
replace the posted notice as necessary during the entire application review process until
the Director acts on the application and all appeals have been exhausted. The posted
notice shall be composed from durable quality and weather-resistant materials that will
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not deteriorate under normal circumstances for at least one hundred 180 calendar days.
The posted notice shall be at minimum 11 inches wide by 17 inches tall. The posted notice
shall not be placed in any location where it would obstruct travel or visibility for vehicles,
bicycles, pedestrians, or other users in the right-of-way.
E. Fees. Application fees shall be set by resolution of the City Council and shall be
required to be submitted with any application for a wireless ROW permit.
F. Review of Applications. Upon receipt of any fee established by this chapter, the
Director shall review an application for the placement or modification of a wireless
facility and shall issue any notices of incompleteness, requests for information, or conduct
or commission such studies as may be required to determine whether a permit should be
issued. If an application is incomplete, the Director may notify the applicant in writing,
specifying the material omitted from the application. The Director may in their discretion
deem any incomplete application withdrawn after 60 days.
14.30.060 Decisions of the Director.
A. Authority of Director. Subject to the rights of appeal provided herein, the Director
shall determine whether to approve, approve subject to conditions, or deny an
application. The Director may take such other steps as may be required to timely act upon
applications for placement or modification of wireless facilities, including issuing written
decisions and entering into agreements to mutually extend the time for action on an
application.
B. Findings. Except for eligible facilities requests, the Director shall approve an
application if, on the basis of the application and other materials or evidence provided in
review thereof, they find each of the following:
1. The application is complete and provides all information required by this
chapter and the wireless regulations.
2. The facility meets all applicable local, state, and federal health and safety
standards, including federal standards for radiofrequency emissions.
3. The facility complies with this chapter and all applicable wireless standards
and regulations.
The Director’s decision to approve, deny, or conditionally approve an application shall
be in writing and include the reasons for the decision.
C. Eligible Facilities Requests. For eligible facilities requests, the Director shall approve
an application if, on the basis of the application and other materials or evidence provided
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in review thereof, they find that the application meets the requirements set forth in 47
C.F.R. § 1.6100 and the proposed facility complies with all applicable state and federal
laws and regulations. The conditions of any permit previously issued for the eligible
facility shall apply to the maximum extent permitted by federal and state law and
regulations.
D. Conditions of Approval. All permits issued under this chapter shall include
conditions of approval sufficient to ensure compliance with the requirements of this
chapter and the wireless regulations, as may be set forth in the wireless regulations.
E. Independent Consultants. The Director may in their discretion select and retain
independent consultant(s) with expertise and appropriate credentials in
telecommunications, building or structural standards, and/or electrical or fire safety in
connection with the review of any application under this chapter. Such independent
consultant review may be retained on any issue that involves specialized or expert
knowledge in connection with an application, including but not limited to application
completeness or accuracy, engineering analysis, or compliance with FCC radio frequency
emissions limits. Nothing in this paragraph authorizes the City to evaluate the health
effects of a proposed wireless facility, except to determine that the facility complies with
radio frequency emissions limits established by the FCC.
F. Waivers. Requests for waivers from any requirement of this chapter or the wireless
regulations shall be made in writing to the Director. The Director may grant a request for
waiver only if (1) the applicant demonstrates that denial of an application would, within
the meaning of federal law, prohibit or effectively prohibit or materially inhibit the
provision of personal wireless services, or otherwise violate applicable state or federal
laws or regulations, or (2) with respect to a standard or requirement set forth in the
wireless regulations, the Director determines based on clear and convincing evidence that
a waiver of the standard or requirement is necessary to protect public health, safety, or
welfare, based on specific characteristics of the proposed facility. All waivers approved
pursuant to this Paragraph shall be granted only on a case-by-case basis and shall be
narrowly tailored so that the requirements of this chapter are waived only to the extent
necessary to comply with state or federal law or regulations or to protect public health,
safety, or welfare.
G. Notice to Interested Persons. The Director shall establish a procedure to allow any
interested person who receives notice pursuant to Section 14.30.050(D) to be notified of
any decision made pursuant to this Section.
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14.30.070 Appeals.
A. Right to Appeal; Appeal Fee. An applicant or any person entitled to receive notice
pursuant to Section 14.30.050(D) may request an administrative hearing to appeal the
director’s decision. In order to request a hearing, the affected person shall submit to the
City Clerk an administrative hearing form along with the full amount of any appeal fee.
The request for administrative hearing shall be incomplete if it does not include the
deposit in the full amount of any appeal fee. The deposit will be retained in a noninterest
bearing account until the matter is resolved. Any appeal fee shall be refunded to the
appellant if their appeal is granted. The administrative hearing form shall include the
location or address of the proposed wireless facility that is the subject of the appeal, as
well as the grounds for which the appeal is being submitted.
B. Time to Appeal. Appeals must be filed within five business days of the mailing of
decision notice of the Director unless a different time period is specified by the Director
in the notice. The Director may extend the time period for filing an appeal for good cause;
provided, however, an extension may not be granted where such extension would result
in approval of the application by operation of law. If a timely and complete request for a
hearing is not submitted, the Director’s decision shall be deemed final.
C. Administrative Hearing. If a timely and complete request for hearing is submitted,
the City Manager shall conduct an administrative hearing within 30 days of receipt of the
appeal or as soon thereafter as necessary to comply with applicable requirements of state
and federal law. The City Manager may decide all issues presented de novo. The
appellant and the applicant shall have the opportunity to present evidence; provided,
however, that rules of evidence and discovery do not apply to the administrative
hearings.
D. Decision on Appeal. The City Manager may affirm, reverse, or modify the Director’s
decision and may modify conditions of approval to ensure that the decision complies
with the requirements of this chapter and applicable local, state, and federal law. The City
Manager’s decision shall be in writing, shall explain the basis for the decision, and shall
be served upon the applicant and upon the appellant (if different) by first class mail to
the address stated on the request for hearing form. The written decision of the City
Manager shall be the final decision of the City effective on the date of mailing.
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14.30.080 Revocation of Permits; Removal of Equipment; Enforcement.
A. Revocation of Permit. A wireless ROW permit may be revoked (1) for failure to
comply with the conditions of the permit, any provision of the Municipal Code, or
applicable state or federal law; (2) if the permittee becomes ineligible for franchise rights
under state law; or (3) if the permittee’s FCC authorization to operate wireless facilities
and/or provide wireless service is terminated for any reason. The Director shall provide
the permittee notice and the opportunity to be heard prior to the revocation of any permit,
the procedures for which may be set forth more fully in the wireless regulations.
B. Removal of Wireless Facilities. The Director may order the removal of any wireless
facility upon revocation or termination of its wireless ROW permit and of any wireless
facility installed or modified after the effective date of the ordinance codified in this
chapter without a validly issued wireless ROW permit; provided, however that removal
of a support structure owned by the City, a utility, or another entity authorized to
maintain a support structure in the right-of-way need not be removed, but must be
restored to its prior condition, except as specifically permitted by the City. All entities
that own or control any part of a wireless facility shall be jointly and severally liable for
any costs incurred by the City in connection with enforcement of this provision and the
removal of the facility.
C. Administrative Penalties. In addition to any criminal, civil or other legal remedy
established by law that may be pursued to address violations of this chapter, the Director
may issue an administrative citation under Chapter 1.10 for the violation of any provision
of this chapter or any regulation adopted pursuant to Section 14.30.040.
14.30.090 Nondiscrimination.
In establishing the rights, obligations, and conditions set forth in this chapter, it is the
intent of the city to treat each applicant or public right-of-way user in a competitively
neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the right-of-way.
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
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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.
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 15303(d) because new construction or conversion
of small structures for utility extensions are categorically exempt. CEQA applies only to
actions which have the potential for causing a significant effect on the environment. In
this circumstance, the proposed action of adopting Cupertino Municipal Code Section
14.30, which regulates the installation of small wireless communication facilities in the
public right of way, would have no or only a de minimis effect on the environment. The
foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on September 16,
2022, and ENACTED at a regular meeting of the Cupertino City Council on _______ by
the following vote:
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Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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ORDINANCE NO. 25‐____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE BY ADDING CHAPTER 14.30 ‐ SMALL WIRELESS
FACILITIES IN PUBLIC RIGHTS‐OF‐WAY
The City Council of the City of Cupertino finds that:
WHEREAS, the rapid expansion of small wireless facilities in the City’s public rights of
way has created a need to establish ordinances and regulations to ensure the orderly
construction of this infrastructure within the City and to protect the unique aesthetic
characteristics of the City; and
WHEREAS, the City Council of the City of Cupertino has considered the regulation of
small wireless facilities at various City Council meetings, including meetings held on
May 16, 2017, May 15, 2018, July 16, 2019, May 5, 2020, September 15, 2020, April 20, 2021,
and December 16, 2022, and
WHEREAS, the City Council included the further evaluation of an ordinance to regulate
small wireless communication facilities in its City Work Program for fiscal years 2022‐23,
2024‐25, and the current City Work Program for 2025‐26, and
WHEREAS, the City Council provided direction on a draft ordinance presented at the
December 16, 2022 meeting, and that input has been incorporated herein, and
WHEREAS, the City Council held a duly noticed public hearing on September 16, 2025,
and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
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 to add the following new section(s):
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Chapter 14.30 SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS‐OF‐WAY
14.30.010 Purpose.
The purpose of this chapter is to establish a process for uniform standards for reviewing
and acting upon requests for the placement of small wireless facilities within the public
rights‐of‐way of the City consistent with the City’s obligation to promote the public
health, safety, and welfare, to manage the public rights‐of‐way, and to ensure that the
public is not incommoded by the use of the public rights‐of‐way for the placement of
small wireless facilities. The City recognizes the role of personal wireless facilities to
provide personal wireless service to the residents and businesses within the City. No
provision of this chapter shall be interpreted in a manner that violates state or federal
law.
14.30.020 Definitions.
A. The abbreviations, phrases, terms, and words used in this chapter will have the
following meanings assigned to them unless context indicates otherwise. Undefined
phrases, terms, or words in this chapterpolicy will have their ordinary meanings.
B. The definitions in this chapter shall control over conflicting definitions for the same
or similar abbreviations, phrases, terms, or words as may be defined elsewhere in the
Municipal Code.
C. Definitions.
1. “Applicant” means a person filing an application for placement or
modification of a small wireless facility in the public right‐of‐way.
2. “Application” means a formal request, including all required and requested
documentation and information, submitted by an applicant to the city for a
wireless ROW permit.
3. “City Manager” means the City Manager or their designee.
4. “Director” means the Director of the Department of Public Works or their
designee.
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5. “Eligible facilities request” has the meaning as set forth in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
6. “FCC” means the Federal Communications Commission or its lawful
successor.
7. “Permittee” means any person or entity granted a wireless ROW permit
pursuant to this chapter.
8. “Personal wireless services” has the same meaning as set forth in 47 U.S.C.
Section 332(c)(7)(C)(i).
9. “Public right‐of‐way,” “right‐of‐way,” or “ROW” means any public street,
public way, or public place within the City limits, either owned by the City,
dedicated to the City or granted by easement to the public for the purpose of
travel, and which the City has the responsibility to maintain or manage.
“Public right‐of‐way,” “right‐of‐way,” or “ROW” includes all or any part of
the entire width of right‐of‐way, and above and below the same, whether or
not such entire area is actually used for travel purposes.
10. “Support structure” means any structure capable of supporting a base station.
11. “Small Wwireless facility,” “wireless facility” or “facility” means the
transmitters, antenna structures, and other types of installations used for the
provision of wireless services at a fixed location, including, without limitation,
any associated tower(s), support structure(s), and base station(s) used to
provide personal wireless services, as defined in 47 C.F.R. § 1.6002(l).
12. “Wireless regulations” means regulations adopted pursuant to
Section 14.30.040 and implementing the provisions of this chapter.
13. “Wireless ROW permit” means a permit issued pursuant to this chapter
authorizing the placement or modification of a small wireless facility of a
design specified in the permit at a particular location within the right‐of‐way.
14.30.030 Applicability.
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A. Permit Required. Unless exempted, every person who seeks to place a small wireless
facility in the public rights‐of‐way or modify an existing wireless facility in the public
rights‐of‐way must obtain a wireless ROW permit authorizing the placement or
modification of the facility in accordance with this chapter.
B. Exemptions. This chapter does not apply to any of the following:
1. The placement or modification of facilities by the City or by any other agency
of the state solely for public safety purposes.
2. The use of a mobile wireless facility to provide temporarily for wireless
services in the event of an emergency, for no longer than the duration of
interruption in services due to the emergency. This exception does not
authorize the excavation, movement, or removal of existing functional
facilities.
3. Wireless communications facilities permitted under Chapter 19.136.
C. Other Legal Requirements. In addition to the requirements of this chapter, an
applicant seeking to place small wireless facilities in the right‐of‐way shall comply
with other applicable local, state, and federal laws and regulations, including but not
limited to applicable FCC regulations governing radio frequency emissions, the
Americans with Disabilities Act, and all applicable building standards. A valid
wireless ROW permit issued pursuant to the requirements of this chapter and the
wireless regulations shall be deemed to satisfy the requirements of Municipal Code
Chapter 14.08.
D. Existing Wireless Facilities. Any permitted small wireless facility already existing in
the right‐of‐way as of the date of this chapter’s adoption shall remain subject to the
standards and conditions of the Municipal Code in effect prior to effective date of this
chapter, unless and until a renewal of such facility’s then‐existing permit is granted,
at which time the provisions of this chapter shall apply in full force going forward as
to such facility. The review of any request for a renewal of a permit for such pre‐
existing facilities shall be conducted pursuant to this chapter.
E. Public Use. Except as otherwise provided by state or federal law, any use of the public
right‐of‐way authorized pursuant to this chapter will be subordinate to the City’s use
and use by the public.
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14.30.040 Wireless Standards and Regulations.
A. Adoption and Amendment Regulations. The Director shall develop wireless
standards regulations to implement the requirements of this chapter including
regulations governing eligible facility requests. The City Council shall approve the
adoption of the wireless regulations and shall approve any amendments to the
wireless regulations, except for minor modifications as set forth in Paragraph B.
Applicants shall engineer, design, and locate the small wireless facilities in
accordance with the standards and wireless regulations adopted by the City Council.
B. Minor Modifications. The Director may approve any modification of the wireless
regulations to the extent that such modification does not have the potential to
substantially enlarge or expand the scope of use of the right‐of‐way for the provision
of personal wireless service, the potential to interfere with the use or management of
the right‐of‐way, or the potential to substantially impair public health, safety, and
welfare (“minor modification”). The Director shall notify the City Council of a
proposed minor modification of the wireless regulations at least 10 business days
before the modification takes effect. Prior to the effective date of a proposed minor
modification, any Councilmember may request that Council review the minor
modification before it takes effect. A request for review shall stay the implementation
of the minor modification until the City Council completes its review. The City
Council may in its discretion approve, modify, or reject the proposed minor
modification.
14.30.050 Applications.
A. Application Procedures. The Director shall develop forms and procedures for
submission of applications for placement or modification of small wireless facilities
and proposed changes to any support structure consistent with this chapter.
B. Content of Application.
1. An applicant shall submit an application on the form approved by the
Director, which may be updated from time to time, but in any event shall
require the submission of all required fees, documents, information, and any
other materials necessary to allow the Director to make required findings and
ensure that the proposed facility will comply with applicable federal and state
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law and the Municipal Code and will not endanger the public health, safety,
or welfare.
2. An application for an eligible facility request shall be made in a form approved
by the Director and shall contain information sufficient to determine whether
the proposed facility complies with the requirements of 46 C.F.R. § 1.6100. An
application for an eligible facilities request shall be subject to the requirements
of this chapter and the wireless regulations to the extent expressly stated in
this chapter or the regulations.
C. Public Notice. At least 21 days prior to when an application may be approved, the
applicant shall: (1) post notice at the proposed project site in a location near to and
visible from the right‐of‐way; (2) notify in writing, in a form approved by the Director,
of the filing of the application to property owners and residents of all property within
a 300‐foot radius of the proposed project; and (3) provide the City with evidence that
notice has been provided pursuant to Subparagraphs (1) and (2). The applicant shall
maintain and replace the posted notice as necessary during the entire application
review process until the Director acts on the application and all appeals have been
exhausted. The posted notice shall be composed from durable quality and weather‐
resistant materials that will not deteriorate under normal circumstances for at least
one hundred 180 calendar days. The posted notice shall be at minimum 8.511 inches
wide by 11 17 inches tall. The posted notice shall not be placed in any location where
it would obstruct travel or visibility for vehicles, bicycles, pedestrians, or other users
in the right‐of‐way.
D. Fees. Application fees shall be set by resolution of the City Council and shall be
required to be submitted with any application for a wireless ROW permit.
E. Review of Applications. Upon receipt of any fee established by this chapter, the
Director shall review an application for the placement or modification of a wireless
facility and shall issue any notices of incompleteness, requests for information, or
conduct or commission such studies as may be required to determine whether a
permit should be issued. If an application is incomplete, the Director may notify the
applicant in writing, specifying the material omitted from the application. The
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Director may in their discretion deem any incomplete application withdrawn after 60
days.
14.30.060 Decisions of the Director.
A. Authority of Director. Subject to the rights of appeal provided herein, the Director
shall determine whether to approve, approve subject to conditions, or deny an
application. The Director may take such other steps as may be required to timely act
upon applications for placement or modification of wireless facilities, including
issuing written decisions and entering into agreements to mutually extend the time
for action on an application.
B. Findings. Except for eligible facilities requests, the Director shall approve an
application if, on the basis of the application and other materials or evidence provided
in review thereof, they find each of the following:
1. The application is complete and provides all information required by this
chapter and the wireless regulations.
2. The facility meets all applicable local, state, and federal health and safety
standards, including federal standards for radiofrequency emissions.
3. The facility complies with this chapter and all applicable wireless standards
and regulations.
The Director’s decision to approve, deny, or conditionally approve an application
shall be in writing and include the reasons for the decision.
C. Eligible Facilities Requests. For eligible facilities requests, the Director shall approve
an application if, on the basis of the application and other materials or evidence
provided in review thereof, they find that the application meets the requirements set
forth in 47 C.F.R. § 1.6100 and the proposed facility complies with all applicable state
and federal laws and regulations. The conditions of any permit previously issued for
the eligible facility shall apply to the maximum extent permitted by federal and state
law and regulations.
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D. Conditions of Approval. All permits issued under this chapter shall include
conditions of approval sufficient to ensure compliance with the requirements of this
chapter and the wireless regulations, as may be set forth in the wireless regulations.
E. Independent Consultants. The Director may in their discretion select and retain
independent consultant(s) with expertise and appropriate credentials in
telecommunications, building or structural standards, and/or electrical or fire safety
in connection with the review of any application under this chapter. Such
independent consultant review may be retained on any issue that involves specialized
or expert knowledge in connection with an application, including but not limited to
application completeness or accuracy, engineering analysis, or compliance with FCC
radio frequency emissions limits. Nothing in this paragraph authorizes the City to
evaluate the health effects of a proposed wireless facility, except to determine that the
facility complies with radio frequency emissions limits established by the FCC.
F. Waivers. Requests for waivers from any requirement of this chapter or the wireless
regulations shall be made in writing to the Director. The Director may grant a request
for waiver only if (1) the applicant demonstrates that denial of an application would,
within the meaning of federal law, prohibit or effectively prohibit or materially inhibit
the provision of personal wireless services, or otherwise violate applicable state or
federal laws or regulations, or (2) with respect to a standard or requirement set forth
in the wireless regulations, the Director determines based on clear and convincing
evidence that a waiver of the standard or requirement is necessary to protect public
health, safety, or welfare, based on specific characteristics of the proposed facility. All
waivers approved pursuant to this Paragraph shall be granted only on a case‐by‐case
basis and shall be narrowly tailored so that the requirements of this chapter are
waived only to the extent necessary to comply with state or federal law or regulations
or to protect public health, safety, or welfare.
G. Notice to Interested Persons. The Director shall establish a procedure to allow any
interested person who receives notice pursuant to Section 14.30.050(D) to be notified
of any decision made pursuant to this Section.
14.30.070 Appeals.
A. Right to Appeal; Appeal Fee. An applicant or Any any person entitled to receive
notice pursuant to Section 14.30.050(D) may request an administrative hearing to
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appeal the director’s decision. In order to request a hearing, the affected person shall
submit to the City Clerk an administrative hearing form along with the full amount
of any appeal fee. The request for administrative hearing shall be incomplete if it does
not include the deposit in the full amount of any appeal fee. The deposit will be
retained in a noninterest bearing account until the matter is resolved. Any appeal fee
shall be refunded to the appellant if their appeal is granted. The administrative
hearing form shall include the location or address of the proposed wireless facility
that is the subject of the appeal, as well as the grounds for which the appeal is being
submitted. Any applicant whose permit application is denied or any permittee who
is required to abandon facilities may appeal such decision in accordance with Chapter
1.16 of the Municipal code.
B. Time to Appeal. Appeals must be filed within five business days of the mailing of
decision notice of the Director unless a different time period is specified by the
Director in the notice. The Director may extend the time period for filing an appeal
for good cause; provided, however, an extension may not be granted where such
extension would result in approval of the application by operation of law. If a timely
and complete request for a hearing is not submitted, the Director’s decision shall be
deemed final.
C. Administrative Hearing. If a timely and complete request for hearing is submitted,
the City Manager shall conduct an administrative hearing within 30 days of receipt of
the appeal or as soon thereafter as necessary to comply with applicable requirements
of state and federal law. The City Manager may decide all issues presented de novo.
The appellant and the applicant shall have the opportunity to present evidence;
provided, however, that rules of evidence and discovery do not apply to the
administrative hearings.
D. Decision on Appeal. The City Manager may affirm, reverse, or modify the Director’s
decision and may modify conditions of approval to ensure that the decision complies
with the requirements of this chapter and applicable local, state, and federal law. The
City Manager’s decision shall be in writing, shall explain the basis for the decision,
and shall be served upon the applicant and upon the appellant (if different) by first
class mail to the address stated on the request for hearing form. The written decision
of the City Manager shall be the final decision of the City effective on the date of
mailing.
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14.30.080 Revocation of Permits; Removal of Equipment; Enforcement.
A. Revocation of Permit. A wireless ROW permit may be revoked (1) for failure to
comply with the conditions of the permit, any provision of the Municipal Code, or
applicable state or federal law; (2) if the permittee becomes ineligible for franchise
rights under state law; or (3) if the permittee’s FCC authorization to operate wireless
facilities and/or provide wireless service is terminated for any reason. The Director
shall provide the permittee notice and the opportunity to be heard prior to the
revocation of any permit, the procedures for which may be set forth more fully in the
wireless regulations.
B. Removal of Wireless Facilities. The Director may order the removal of any wireless
facility upon revocation or termination of its wireless ROW permit and of any
wireless facility installed or modified after the effective date of the ordinance codified
in this chapter without a validly issued wireless ROW permit; provided, however
that removal of a support structure owned by the City, a utility, or another entity
authorized to maintain a support structure in the right‐of‐way need not be removed,
but must be restored to its prior condition, except as specifically permitted by the
City. All entities that own or control any part of a wireless facility shall be jointly and
severally liable for any costs incurred by the City in connection with enforcement of
this provision and the removal of the facility.
C. Administrative Penalties. In addition to any criminal, civil or other legal remedy
established by law that may be pursued to address violations of this chapter, the
Director may issue an administrative citation under Chapter 1.10 for the violation of
any provision of this chapter or any regulation adopted pursuant to Section
14.30.040.
14.30.090 Nondiscrimination.
In establishing the rights, obligations, and conditions set forth in this chapter, it is the
intent of the city to treat each applicant or public right‐of‐way user in a competitively
neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the right‐of‐way.
SECTION 2: Severability and Continuity.
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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.
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 15303(d) because new construction or conversion
of small structures for utility extensions are categorically exempt. CEQA applies only to
actions which have the potential for causing a significant effect on the environment. In
this circumstance, the proposed action of adopting Cupertino Municipal Code Section
14.30, which regulates the installation of small wireless communication facilities in the
public right of way, would have no or only a de minimis effect on the environment. The
foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
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INTRODUCED at a regular meeting of the Cupertino City Council on September 16,
2022, and ENACTED at a regular meeting of the Cupertino City Council on _______ by
the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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CITY OF CUPERTINO REGULATIONS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT OF
WAY (MUNICIPAL CODE CHAPTER 14.30)
SECTION 1. PURPOSE AND INTENT
The City of Cupertino (“City”) adopts these wireless regulations applicable to small
wireless facilities (“Regulations”) to establish reasonable, uniform, and comprehensive
standards and procedures for the implementation of Municipal Code Chapter 14.30. The
standards and procedures set forth in these Regulations should be applied to protect and
promote public health, safety, and welfare and balance the benefits that flow from robust,
advanced wireless services with the City’s local values, which include without limitation
the aesthetic character of the City, its neighborhoods, and community. The Regulations
are intended to establish regulations and standards for small wireless facilities unless
specifically prohibited by applicable law.
SECTION 2. DEFINITIONS
The definitions in this Section 2 are applicable to the terms, phrases, and words of these
Regulations. Undefined terms, phrases, or words will have the meanings assigned to
them in the Municipal Code or 47 U.S.C. § 153, or if not defined in either therein, will have
their ordinary meanings. If any definition assigned to any term, phrase, or word in this
Section 2 conflicts with any federal or state‐mandated definition, the federal or state‐
mandated definition will control.
“Accessory equipment” means equipment other than antennas used in connection with
a small wireless facility and includes “transmission equipment” as defined by the FCC in
47 C.F.R. § 1.6100(b)(8).
“Antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b).
“Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g).
“CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, § 5, or its duly appointed successor agency.
“Decorative pole” means any pole that includes decorative or ornamental features,
design elements and/or materials intended to enhance the appearance of the pole or the
right‐of‐way in which the pole is located.
“Director” means the Director of Public Works or their designee.
“Eligible facilities request” means the same as defined by the FCC in 47 C.F.R.
§ 1.6100(b)(3).
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“FCC” means the Federal Communications Commission or its duly appointed successor
agency.
“FCC Shot Clock” means the FCC’s presumptively reasonable time frame, accounting
for any tolling or voluntary extension, or unusual circumstances justifying additional
time, within which the City generally must act on a duly filed request for authorization
in connection with a personal wireless service facility, as such time frame is defined by
the FCC. For small wireless facilities, the FCC Shot Clock is 60 days for collocations and
90 days for new structures.
“OTARD” means an “over‐the‐air reception device” and includes all antennas and
antenna supports covered by 47 C.F.R. § 1.4000(a)(1).
“Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
“Personal wireless service facilities” means the same as defined in 47 U.S.C.
§ 332(c)(7)(C)(i).
“Public right‐of‐way” or “right‐of‐way” means the same as defined in Municipal Code
Section 14.30.020C(9).
“RF” means radio frequency or electromagnetic waves used for wireless communication.
“Shot clock days” means calendar days counted toward the presumptively reasonable
time under the applicable FCC Shot Clock. The term “shot clock days” does not include
any calendar days on which the FCC Shot Clock is tolled due to incompleteness or other
authorized pauses.
“Small wireless facility” or “small wireless facilities” means the same as defined by the
FCC in 47 C.F.R. § 1.6002(l).
“Support structure” means a “structure” as defined by the FCC in 47 C.F.R. § 1.6002(m).
“Underground district” means any area in the City within which overhead wires, cables,
cabinets, and associated overhead equipment, appurtenances, and other improvements
are either (1) prohibited by ordinance, resolution, or other applicable law; (2) scheduled
to be relocated underground within 18 months from the time an application is submitted;
or (3) primarily located underground at the time an application is submitted.
“Wireless facility” or “facility” means small wireless facility and the same as defined in
Municipal Code Section 14.30.020C(11).
“Wireless ROW permit” means the same as defined in Municipal Code Section
14.30.020C(13).
SECTION 3. APPLICABILITY
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a. Wireless Facilities. Except as expressly provided otherwise, the provisions in
these Regulations shall be applicable to all applications and requests for
authorization to construct, install, attach, operate, collocate, modify, reconstruct,
relocate, remove, or otherwise deploy small wireless facilities within the public
rights‐of‐way within the City’s jurisdictional and territorial boundaries.
b. Exemptions. These Regulations shall not apply to any facility exempt from
Chapter 14.30 of the Municipal Code pursuant to Section 14.30.030B.
c. Eligible Facilities Requests. Eligible facilities requests shall comply with Sections
4(b)‐(d), 4(h)‐(n), and 5(c)‐(d) and all applicable requirements of Section 8 to the
extent Section 8 applies to the determination of what constitutes a “substantial
change” under 47 C.F.R. § 1.6100(c)(1) but shall otherwise be exempt from the
requirements of these Regulations; provided, however, that with regards to 4(i),
the applicant will have the option of providing the public notice affidavit or
paying City’s costs associated with City completing the noticing process detailed
in 4(i) that otherwise is required of applicants.
SECTION 4. APPLICATION AND REVIEW PROCEDURES
a. Application Requirements for Wireless ROW Permits. All applications for
wireless ROW permits must comply with the requirements of Municipal Code
Section 14.30.050 and the requirements of this Section 4.
b. Application Form. The applicant shall submit a complete, duly executed wireless
ROW permit application on the current City of Cupertino form.
c. Application Fee. The applicant shall submit the applicable wireless ROW permit
fee established by City Council resolution. If no application fee has been
established for the specified work, then the applicant must submit a signed written
statement that acknowledges that the applicant will be required to reimburse the
City for its reasonable costs incurred in connection with the application within 10
days after the City issues a written demand for reimbursement.
d. Construction Drawings. The applicant shall submit true and correct construction
drawings, prepared and signed by a licensed or registered engineer, that depict all
the existing and proposed improvements, equipment and conditions related to the
proposed facility, including without limitation all poles, posts, pedestals, traffic
signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters,
drains, handholes, maintenance holes, fire hydrants, equipment cabinets,
antennas, cables, utilities, and trees and other landscape features. The construction
drawings must: (1) contain cut sheets that contain the technical specifications for
all existing and proposed antennas and accessory equipment, which includes
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without limitation the manufacturer, model number and physical dimensions;
(2) depict the applicant’s preliminary plan for electric, including the anticipated
locations for all conduits, cables, wires, handholes, junctions, transformers, meters,
disconnect switches, and points of connection; (3) include locations for existing
utility facilities within 50 feet of the footprint of work; and (4) demonstrate that
proposed facility will be in full compliance with all applicable health and safety
laws, regulations, or other rules, including without limitation all building codes,
electric codes, local street and sidewalk standards and specifications, and public
utility regulations and orders. All pole attachments shall be shown with pole
numbers.
e. Site Survey. The applicant shall submit a survey prepared, signed, and stamped
by a licensed engineer. The survey must identify and depict all existing
boundaries, encroachments, and other structures within 75 feet from the proposed
facility and any new improvements, including without limitation all (1) traffic
lanes; (2) private properties and property lines; (3) above and below‐grade utilities
and related structures and encroachments; (4) fire hydrants and other public safety
infrastructure; (5) streetlights, decorative poles, traffic signals, and permanent
signage; (6) sidewalks, driveways, parkways, curbs, gutters, and storm drains;
(7) benches, bus stops, trash cans, mailboxes, kiosks, and other street furniture;
and (8) existing trees, planters, and other landscaping features.
f. Photo Simulations. The applicant shall submit site photographs and photo
simulations that show the existing location and proposed wireless facility in
context from at least two vantage points within the public streets or other publicly
accessible spaces, together with a vicinity map that shows the location of the
proposed facility and the photo location for each vantage point. At least one
simulation must depict the wireless facility from a vantage point approximately
50 feet from the proposed support structure or location. The photo simulations and
vicinity map shall be incorporated into the construction plans submitted with the
application.
g. Identification of Alternative Locations. For a small wireless facility not proposed
in a Tier 1 location preference under Section 7(a), the applicant shall provide an
inventory of support structures and other feasible locations within 500 feet of the
proposed location and explain the basis for the selection of the proposed location.
h. RF Compliance Report. The applicant shall submit an RF exposure compliance
report that certifies that the proposed wireless facility, both individually and
cumulatively with all other emitters that contribute more than 5% to the
cumulative emissions in the vicinity (if any), will comply with applicable federal
RF exposure standards and exposure limits. The RF report must be prepared and
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certified by an engineer acceptable to the Director. The RF report must include the
actual frequency bands and power levels (in watts effective radiated power) for all
existing and proposed antennas at the proposed facility and exhibits that show the
location and orientation of all transmitting antennas and the boundaries of areas
with RF exposures in excess of the uncontrolled/general population limit (as that
term is defined by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined by the FCC).
Each such boundary shall be clearly marked and identified for every transmitting
antenna at the proposed facility.
i. Public Notices. The applicant shall include with the application an affidavit that
attests that notice has been posted at the site of the proposed facility and provided
to property owners and residents of all property within a 300‐foot radius of the
proposed facility pursuant to Municipal Code 14.30.050(D). The notices shall be
posted and delivered on forms approved by the Director and must contain:
(1) a general description of the proposed wireless facility; (2) the applicant’s
identification and contact information as provided on the application submitted
to the City for interested parties to submit comments; (3) contact information for
the Public Works Department; (4) a statement that the Director will act on the
application without a public hearing and that the owner or occupant may request
to be notified of the Director’s decision; and (5) a general statement that the FCC
requires the City to take final action on applications for wireless facilities within
60 days for collocations and 90 days for facilities on new support structures. The
notice should provide the location, date, and time of a community meeting, if
applicable. The notice shall be delivered in an envelope that prominently displays
the operator’s logo and shall prominently display the text “NEW WIRELESS
FACILITY INFORMATION” on the front of the envelope. The applicant shall
maintain (and provide to the Director, at the Director’s request) (i) a list of
recipients of the public notice; (ii) a log of any correspondence to or from the
recipients of the notice prior to the City’s final decision on the application; and (iii)
a list of recipients of the public notice who have requested to receive notice of the
Director’s decision. The applicant shall copy the appropriate Public Works staff on
all email correspondence with members of the public. The noticing period for this
activity shall be 21 days from the date the letter is deposited with the United States
Postal Service, pursuant to Municipal Code 14.30.050(D). No permit or approval
for the wireless facility being noticed will be issued during the noticing period
unless permit issuance is required by applicable state or federal law.
j. Public Access to Application Information. The Director shall ensure that
information regarding the location and status of all wireless ROW permit
applications is available on the City of Cupertino website.
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k. Regulatory Authorization; Shot Clock Requirements. The applicant shall submit
evidence of the applicant’s regulatory status under federal and California law to
provide the services and construct the wireless facility proposed in the application.
The application must state whether the applicant believes state or federal law
requires action on the application within a specified time period.
l. Property Owner’s Authorization. The applicant shall identify the support
structure for the wireless facility (including any identification number) and
include written authorization from the support structure owner(s).
m. Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and
certified by a California licensed engineer for the proposed wireless facility and all
associated equipment including all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators
demonstrating compliance with the applicable provisions of Chapter 10.48. The
acoustic analysis must include an analysis of the manufacturers’ specifications for
all noise‐emitting equipment and a depiction of the proposed equipment relative
to all adjacent property lines. Where no generator, mechanical fan, or other noise‐
emitting equipment is proposed for installation, the applicant may submit, in lieu
of an acoustic analysis, evidence from the equipment manufacturer(s) that
demonstrates the ambient noise emitted from all the proposed equipment will not,
both individually and cumulatively, exceed applicable noise standards.
n. Structural Analysis. The applicant shall submit a report prepared and certified by
a California‐licensed structural engineer (or other qualified personnel acceptable
to the City) that certifies (1) the underlying pole or support structure has the
structural integrity and/or capacity to support all the proposed equipment and
attachments; (2) the foundation has the capacity to support additional loading and
to accommodate any modifications to the pole base and bolt pattern; and (3) any
drilling or cutting will preserve the structural integrity of the pole. Where an
applicant proposes to replace the pole and foundation, the applicant shall submit
structural drawings and calculations prepared and certified by a California‐
licensed structural engineer.
o. Community Meeting. The City strongly encourages, but does not require,
applicants to schedule, notice, arrange, and attend a pre‐submittal community
meeting with all interested members of the public. This voluntary, pre‐submittal
public meeting does not cause the FCC Shot Clock to begin running and is
intended to give applicants the opportunity to hear from members of the public
regarding proposed deployment. Applicants should bring any draft applications,
plans, maps, presentations, or other materials to facilitate the public’s
understanding of the applicant’s proposal. The City seeks to encourage dialogue
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that may allow applicants to address and resolve areas of concern prior to the
submittal of an application.
p. Pole Availability Requests. Before submitting an application, applicants seeking
a permit to install a wireless facility on a City light pole are encouraged but not
required to submit a pole availability request and reservation to the Department
of Public Works, to determine whether the light pole is available for the proposed
facility. The applicant shall explain why the proposed location meets the
requirements of Section 7 of these Regulations. Each pole availability request shall
include the following information:
1. A map showing the location of the streetlight pole that is the subject of the
request. This map should be in the form of a Google KMZ file or other file
type that clearly shows the streetlight being indicated.
2. Information on the equipment and layout being proposed (e.g., all
equipment within the shroud, equipment on the pole screened by signs,
base enclosure, underground vault, or equipment on the pole situated to
minimize views of equipment).
The approval of a pole availability request does not constitute approval of a
wireless ROW permit and does not relieve the applicant of complying with all
requirements of Chapter 14.30 and these Regulations.
q. License Agreement. For any wireless facility proposed to be installed on any
structure owned or controlled by the City and located within the public rights‐of‐
way, the applicant shall submit an executed Small Cell License Agreement on a
form prepared by the City that states the terms and conditions for such non‐
exclusive use by the applicant. Such agreement will function as a master
agreement pursuant to which an Encroachment Agreement will be entered into
between City and applicant which will detail the terms and conditions that will
govern particular siting authorizations.
r. Peer and Independent Consultant Review. The Director may in their discretion
select and retain independent consultant(s) with expertise and appropriate
credentials in telecommunications, RF testing/compliance, electrical or fire safety,
and/or other professional consultation services as deemed appropriate in
connection with the review of any application under this chapter. Such
independent consultant review may be retained on any issue that involves
specialized or expert knowledge in connection with an application, including but
not limited to application completeness or accuracy, engineering analysis, or
compliance with FCC radio frequency emissions limits. The Director may require
that the independent consultant prepare written reports, testify at public meetings,
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hearings and/or appeals, and attend meetings with City staff and/or the applicant.
Subject to applicable law, in the event that the Director elects to retain an
independent consultant in connection with any permit application, the applicant
shall be responsible for the reasonable costs in connection with the services
provided, which may include without limitation any costs incurred by the
independent consultant to attend and participate in any meetings or hearings.
Before the independent consultant may perform any services, the applicant shall
tender to the City a deposit in an amount equal to the estimated cost for the
consultant’s services to be provided, as determined by the Director. The Director
may request additional deposits as reasonably necessary to ensure sufficient funds
are available to cover the reasonable costs in connection with the independent
consultant’s services. In the event that the deposit exceeds the total costs for
consultant’s services, the Director shall promptly return any unused funds to the
applicant after the wireless facility has been installed and passes a final inspection
by the Director. In the event that the reasonable costs for the independent
consultant’s services exceed the deposit, the Director shall invoice the applicant
for the balance. The City shall not issue any wireless ROW permit to any applicant
with any unpaid deposit requests or invoices.
s. Incomplete Applications Deemed Withdrawn. An application shall be
automatically deemed withdrawn by the applicant when the applicant fails to
submit a substantive response to the Director within 180 calendar days after the
Director deems the application incomplete by written notice unless the applicant
demonstrates good cause for the delay. A “substantive response” must include, at
a minimum, all the materials identified as incomplete in the written incomplete
notice, unless the Director explicitly waives any materials.
SECTION 5. DECISIONS
a. Decision of the Director. The Director shall approve, deny (with or without
prejudice), or conditionally approve an application for a wireless ROW permit
within a sufficient time to allow for an appeal to the City Manager pursuant to
Municipal Code Section 14.30.070.
b. Findings for Approval. Except for eligible facilities requests, any approval or
conditional approval of an application for a wireless ROW permit shall include a
written determination based on the findings set forth in Municipal Code Section
14.30.060(B). The findings shall include a determination that the proposed facility
meets the requirements in these Regulations, including the following:
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1. The proposed facility is either located in the “most preferred” location for
a wireless facility (Section 7(a)) or that the requirements of Section 7(b) are
satisfied.
2. The proposed facility complies with all applicable design standards
(Section 8).
3. The applicant has demonstrated that the proposed facility will be in
compliance with all applicable FCC regulations and guidelines for human
exposure to RF emissions.
c. Eligible Facilities Requests. Notwithstanding Section 5(b), the Director shall
approve an eligible facilities request if the application meets the requirements set
forth in 47 C.F.R. § 1.6100 and complies with all applicable state and federal laws
and regulations, including without limitation applicable regulations for human
exposure to RF emissions and all applicable building standards. The conditions of
any permit previously issued for the eligible facility shall apply to the maximum
extent permitted by federal and state law and regulations.
d. Notice of Decision. Within five calendar days of the Director’s action on a wireless
ROW permit application, the Director shall provide written notice to the applicant
stating the reasons for approval, conditional approval, or denial of the permit
application.
SECTION 6. CONDITIONS OF APPROVAL
a. Standard Conditions. All wireless ROW permits shall be subject to the following
standard conditions of approval:
1. Permit Term. Each wireless ROW permit shall have a term of 10 years and
shall automatically expire 10 years and one day from its issuance, unless a
different term is set pursuant to a license agreement approved by the City
Council. Any other permit or approval issued in connection with any
collocation, modification, or other change to a permitted wireless facility,
including without limitation any permits or other approvals deemed‐
granted or deemed‐approved under state or federal law, shall not extend
the term of the permit unless expressly provided otherwise in such permit
or approval or required under state or federal law. Nothing in this
subparagraph shall extend or abridge the rights of permittee under any
license agreement with the City or any other public agency or any private
utility.
2. Permit Renewal. Not more than one year before a wireless ROW permit
expires, the permittee may apply for renewal of the permit. The permittee
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must demonstrate that the wireless facility complies with all conditions of
approval of the permit and all applicable provisions in Municipal Code and
Regulations that exist at the time the renewal decision is rendered. The
Director may modify or amend the conditions as may be necessary or
appropriate to ensure compliance with the Municipal Code, these
Regulations, or other applicable law. Upon renewal, the permit will
automatically expire 10 years and one day from the date of renewal unless
expressly issued for a shorter duration. Nothing in this subparagraph shall
extend or abridge the rights of permittee under any license agreement with
the City or any other public agency or any private utility. The provisions of
this subparagraph may be waived or modified by a license agreement
approved by the City Council.
3. Build‐Out Period. A wireless ROW permit will automatically expire six
months from the approval date (the “build‐out period”) unless the
permittee (i) obtains all other permits and approvals required to install,
construct, and/or operate the approved wireless facility, including without
limitation any permit or approval required by any federal, state, or local
public agency with jurisdiction over the subject property, the support
structure, or the wireless facility, and (ii) begins construction of the
permitted facility within six months of the approval date. The permittee
may request in writing, and the City may grant in writing, one six‐month
extension if the permittee submits substantial and reliable written evidence
demonstrating justifiable cause for the extension. If the build‐out period
and/or any extension period expires, the permit shall be automatically void,
but the permittee may resubmit a complete application, including all
application fees, for the same or a substantially similar facility.
4. Post‐Installation Certification. Within 30 calendar days after the permittee
receives the final inspection or completes the construction and/or
installation of a wireless facility, the permittee shall provide the Director
with documentation that the facility has been installed and/or constructed
in compliance with the approved construction drawings and photo
simulations. Such documentation shall include without limitation as‐built
drawings, GIS data, and site photographs. Post‐installation certification
shall include compliance with any provisions of a license agreement
between the permittee and the City relating to the measurement of RF
emissions from a wireless facility.
5. Site Maintenance. The permittee shall comply with the provisions of the
most current editions of the City’s Building Code, Plumbing Code, and
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Electrical Code; any applicable construction standards adopted by the
Department of Public Works; the facility’s specifications and plans; and any
applicable federal, state, or local statutes, ordinances, regulations,
guidelines, or requirements. The permittee shall keep the site, which
includes without limitation any and all improvements, equipment,
structures, access routes, fences, and landscape features, in a neat, clean,
and safe condition in accordance with the approved construction drawings
and all conditions in the wireless ROW permit. The permittee shall keep the
site area free from litter and debris at all times. The facility shall be
manufactured or treated to resist graffiti. The permittee, at no cost to the
City, shall monitor and abate any graffiti or other vandalism at the site. The
permittee shall make reasonable commercial efforts to remove graffiti
within 72 hours after the permittee receives notice or otherwise becomes
aware that such graffiti or other vandalism occurred.
6. Compliance with Laws. The permittee shall at all times comply with all
federal, state, and local statutes, regulations, orders, or other rules that carry
the force of law applicable to the permittee, the subject property, the
wireless facility, and any use or activities in connection with the use
authorized in the wireless ROW permit (collectively, “laws”). The permittee
expressly acknowledges and agrees that this obligation is intended to be
broadly construed and that no other specific requirements in these
conditions are intended to reduce, relieve, or otherwise lessen the
permittee’s obligation to maintain compliance with all laws. No failure or
omission by the City to timely enforce compliance with any applicable
provision in the Municipal Code, these Regulations, any permit condition,
or any applicable law or regulation shall be deemed to relieve, waive, or
lessen the permittee’s obligation to comply in all respects with all applicable
provisions in the Municipal Code, these Regulations, any permit condition,
or any applicable law or regulation.
7. Construction Activities. Construction shall be coordinated with other
utility companies or applicants installing infrastructure in the right‐of‐way
and shall be scheduled and conducted so as to minimize interference with
public use of the right‐of‐way, including access to the right‐of‐way from
private property. The permittee shall use all reasonable efforts to avoid any
and all unreasonable, undue, or unnecessary adverse impacts on nearby
properties that may arise from the construction, installation, operation,
modification, maintenance, repair, removal, and/or other activities on or
about the site of the facility, including the public’s use of the right‐of‐way
and the public’s access to the right‐of‐way from private property. The
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permittee shall not perform or cause or allow others to perform any
construction, installation, operation, modification, maintenance, repair,
removal, or other work that involves heavy equipment or machines except
during normal construction work hours authorized by the Municipal Code.
The restricted work hours in this condition will not prohibit any work
required to prevent an actual, immediate harm to property or persons or
any work arising from an emergency declared by the City or other state or
federal government agency or official with authority to declare an
emergency within the City. The Director may issue a stop work order for
any activity that violates this condition in whole or in part. The permittee
agrees to fully cooperate with the City in assisting the City to achieve its
accommodation obligations under the Americans with Disabilities Act, the
Fair Housing Act Amendments of 1988, and other applicable laws.
8. Inspections; Emergencies. The permittee expressly acknowledges and
agrees that the City’s officers, officials, staff, agents, contractors, or other
designees may enter onto the site and inspect the improvements and
equipment upon reasonable prior notice to the permittee. Notwithstanding
the prior sentence, the City’s officers, officials, staff, agents, contractors, or
other designees may (i) at any time inspect the facility visually or with any
remote sensing equipment and (ii) may, but will not be obligated to, enter
the facility without prior notice to support, repair, disable, or remove any
improvements or equipment in emergencies or when such improvements
or equipment threatens actual, imminent harm to property or persons. The
permittee, if present, may observe the City’s officers, officials, staff, or other
designees while any such inspection or emergency access occurs.
9. Permittee’s and Contractor’s Contact Information. Within 10 days from
the final approval, the permittee shall furnish the City with accurate and
up‐to‐date contact information for a person responsible for the wireless
facility, which includes without limitation such person’s full name, title,
direct telephone number, mailing address, and email address. The
permittee shall keep such contact information up‐to‐date at all times and
shall promptly provide the City with updated contact information if either
the responsible person or such person’s contact information changes. In
addition, before the City issues any permit required to commence
construction, the permittee shall furnish the City with accurate and up‐to‐
date contact information for the contractor responsible for the construction
of the facility, including without limitation such person’s full name, title,
direct telephone number, mailing address, and email address.
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10. Performance Bond. Before the City issues any permit required to
commence construction in connection with the permit, the permittee shall
post a performance bond from a surety and in a form acceptable to the
Director in an amount reasonably necessary to cover the cost to remove,
store, and/or dispose of the improvements and restore all affected areas
based on a written estimate from a qualified contractor with experience in
wireless facility removal. The written estimate must include the cost to
remove, reasonably store, and/or dispose of all equipment and other
improvements, including without limitation all antennas, radios, batteries,
generators, utilities, cabinets, mounts, brackets, hardware, cables, wires,
conduits, structures, shelters, towers, poles, footings, and foundations,
whether above ground or below ground, constructed or installed in
connection with the wireless facility, plus the cost to completely restore any
areas affected by the removal work to a standard compliant with applicable
laws. In establishing or adjusting the bond amount required under this
condition, the Director shall take into consideration any information
provided by the permittee regarding the cost to remove, reasonably store,
and/or dispose of the wireless facility to a standard compliant with
applicable laws. The performance bond shall expressly survive the duration
of the permit term to the extent required to effectuate a complete removal
of the subject wireless facility in accordance with this condition.
11. Landscaping. All landscaping shall comply with the requirements of
Section 8(e) of the Regulations. The permittee shall replace any landscape
features damaged or displaced by the construction, installation, operation,
maintenance, or other work performed by the permittee or at the
permittee’s direction on or about the facility.
12. Trenching and Excavation. Any excavation and/or trenching activities
shall not disturb the root systems of trees measuring 24 inches or more in
diameter. Protective fencing, consistent with City Standard Details, should
be installed around street trees within or adjacent to the work area to
prevent damage to branches, trunks, or root systems. If any cultural
resources are discovered during excavation, trenching, or other
construction activities, work shall be stopped immediately, and the Director
of Community Development shall be notified. Directional boring should be
used instead of trenching whenever possible to minimize interference with
vehicular traffic and may be required by the City when working in streets
that have been recently resurfaced or resealed. When trenching is
necessary, all trenches shall be covered at the end of each workday, in
compliance with City standards and policies regarding trench plates. The
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total time that a trench may remain open in any segment of the road system
should not exceed one week unless a longer time period is expressly
authorized by the Director.
13. Construction Hours and Noise Control. Noise‐producing site preparation
and construction activities shall comply with Municipal Code Section 10.48
and any additional conditions of approval. All trucks and equipment shall
use the best available noise control techniques and equipment including
improved mufflers, intake silencers, ducts, engine enclosures, and noise‐
reducing shields or shrouds. Impact tools such as jackhammers, pavement
breakers, and noise drills shall be hydraulically or electrically powered
wherever feasible to avoid noise associated with compressed air exhaust
from pneumatically powered tools. When the use of pneumatic tools is
unavoidable, an exhaust muffler shall be used on the compressed air
exhaust to lower noise levels. External jackets shall be used on tools where
feasible to achieve noise reductions. To the extent feasible, quieter
procedures, such as drilling instead of jack hammering, shall be used.
Stationary noise sources shall be located away from sensitive receptors to
the extent feasible. If location within 25 feet of homes, schools,
neighborhood parks, or retail businesses is necessary, stationery noise
sources shall be muffled and enclosed with temporary sheds, unless
permitted otherwise by the Director of Public Works. Trucks and other
vehicles should not be permitted to idle when waiting at or near the
construction site.
14. Dust and Stormwater Control. Construction sites shall be watered at least
twice daily if necessary to control dust caused by site preparation and
construction activities. Watering intervals shall be increased whenever
wind speeds exceed 15 miles per hour, or as necessary to control dust.
Where feasible, reclaimed water shall be used for this purpose. All trucks
hauling soil, sand, paving materials, and other loose materials shall be
covered or required to maintain at least two feet of space between the top
of the load and the top of the trailer. Streets shall be swept at the end of each
workday if soil, sand, or other material has been carried onto adjacent
paved streets or sidewalks. When feasible, streets shall be swept using
reclaimed water. Best Management Practices shall be used to prevent oil,
dirt, or other materials from construction equipment or activity from
washing into the City storm drainage system. Water discharge resulting
from both construction and underground facility drainage shall comply
with National Pollutant Discharge Elimination System (NPDES)
regulations.
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15. Cost Reimbursement. The permittee acknowledges and agrees that (i) the
permittee’s request for authorization to construct, install, and/or operate
the wireless facility will cause the City to incur costs and expenses; (ii) the
permittee shall be responsible to reimburse the City for all costs incurred in
connection with the permit, including without limitation costs related to
application review, permit issuance, site inspection, and any other costs
reasonably related to or caused by the request for authorization to
construct, install, and/or operate the wireless facility; (iii) any application
fees required for the application may not cover all such reimbursable costs
and that the permittee shall have the obligation to reimburse the City for all
such costs 10 days after receipt of a written demand for reimbursement and
reasonable documentation to support such costs; and (iv) the City shall
have the right to withhold any permits or other approvals in connection
with the wireless facility until and unless any outstanding costs have been
reimbursed to the City by the permittee.
16. Rearrangement and Relocation. The permittee acknowledges that the City,
in its sole discretion and at any time, may (i) change any street grade, width
or location; (ii) add, remove, or otherwise change any improvements in, on,
under, or along any street owned by the City or any other public agency,
including without limitation any sewers, storm drains, conduits, pipes,
vaults, boxes, cabinets, poles, and utility systems for gas, water, electric, or
telecommunications; and/or (iii) perform any other work deemed
necessary, useful, or desirable by the City (collectively, “City work”). The
City reserves the rights to do any and all City work without any admission
on its part that the City would not have such rights without the express
reservation in the wireless ROW permit. If the Director determines that any
City work will require the wireless facility to be rearranged, relocated, or
removed, the permittee shall at its sole cost and expense do or cause to be
done all things necessary to commence such rearrangement, relocation, or
removal, within 60 days of written request to do so and diligently prosecute
such work to completion, subject to City’s reasonable cooperation with
regards to permitting and/or licensing approvals. If the permittee fails or
refuses to either permanently or temporarily commence to rearrange,
relocate, or remove the wireless facility within 60 days after receiving notice
from the Director, the City may (but will not be obligated to) cause the
rearrangement, relocation, or removal to be performed at the permittee’s
sole cost and expense. The City may exercise its rights to rearrange, relocate,
or remove the permittee’s wireless facility without prior notice to permittee
when the Director determines that City work is immediately necessary to
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protect public health, safety or convenience. The permittee shall reimburse
the City for all costs and expenses in connection with such work within 10
days after receiving a written demand for reimbursement and reasonable
documentation to support such costs and expenses.
17. Reserved.
18. Electric Meters. The permittee shall comply with all electric utility
requirements for electric meters and enclosures, including making any
necessary upgrades and/or modifications to electrical facilities at the
permittee’s expense. The permittee shall obtain all required permits for the
upgrade or modification of electric meters, enclosures, wiring, and/or other
equipment and shall restore any affected areas to its original condition that
existed prior to installation of the equipment. The permittee shall work to
ensure all electric meters are screened from public view or shall provide
written evidence demonstrating why screening of an electric meter is
infeasible. The Director may in their discretion require modifications to the
application materials to better disguise the meter or otherwise hide it from
view.
19. Insurance. The permittee shall secure and maintain commercial general
liability insurance, including bodily injury and property damage, with limits
of $2,000,000 per occurrence and $4,000,000 in the aggregate, or as otherwise
established by agreement, and shall have coverage at least as broad as the
Insurance Service Office (ISO) Form No. CG 0001 or its successor; provided,
however, that the Director may consider proof of adequate insurance
sufficient to satisfy the requirements of any license agreement between
permittee and the City as proof of compliance with this condition. The City,
the City Council, and the City’s boards, commissions, officers, and
employees shall be included as an additional insureds under the permittee’s
policy.
20. Indemnification. The permittee shall indemnify, defend, protect, and hold
harmless the City, the City Council, and the City’s commission members,
officers, and employees from and against any and all claims, demands,
losses, damages, liabilities, fines, charges, penalties, administrative and
judicial proceedings, orders, judgments, all costs and expenses (collectively,
“claims”) incurred in connection with activities authorized under the
wireless ROW permit or in connection with the construction, operation, or
maintenance of the wireless facility, except to the extent that any such claim
arises solely from the negligence or willful misconduct of the City, the City
Council, or the City’s commission members, officers, and employees. In the
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event the City becomes aware of any claims, the City will use best efforts to
promptly notify the permittee and the private property owner (if
applicable) and shall reasonably cooperate in the defense. The permittee
expressly acknowledges and agrees that the City shall have the right to
approve, which approval shall not be unreasonably withheld, the legal
counsel providing the City’s defense, and the property owner and/or
permittee (as applicable) shall promptly reimburse the City for any costs
and expenses directly and necessarily incurred by the City in the course of
the defense. The permittee expressly acknowledges and agrees that the
permittee’s indemnification obligations under this condition are a material
consideration that motivates the City to approve any wireless ROW permit
and that such indemnification obligations will survive the expiration,
revocation, or other termination of the wireless ROW permit.
21. Truthful and Accurate Statements. The permittee acknowledges that the
City’s approval relies on the written and/or oral statements by permittee
and/or persons authorized to act on permittee’s behalf. In any matter before
the City in connection with the wireless ROW permit or the infrastructure
approved under the permit, neither the permittee nor any person
authorized to act on permittee’s behalf shall, in any written or oral
statement, recklessly or intentionally provide material factual information
that is incorrect or misleading or intentionally or recklessly omit any
material information necessary to prevent any material factual statement
from being incorrect or misleading. Failure to comply with this paragraph
may result in permit revocation and other enforcement action under these
Regulations or the Municipal Code.
22. Permit Revocation. Wireless ROW permits may be subject to revocation
under Municipal Code Section 14.30.080(A). The Director may initiate
revocation proceedings when the Director determines that a wireless
facility is not in compliance with any applicable law, including without
limitation the conditions of any permit issued in connection with the
construction, operation, or maintenance of the facility. The Director shall
provide the permittee with written notice identifying (i) the facility; (ii) the
violation(s) to be corrected; and (iii) the timeframe in which the permittee
must correct such violation(s), and shall notify the permittee that, in
addition to all other rights and remedies the City may pursue, the City may
initiate revocation proceedings for failure to correct such violation(s). The
Director may revoke a permit if said violation(s) are not corrected within 30
days of the date of the notice, or within the timeframe to correct such
violation(s) stated in the notice, whichever is longer. The permittee may
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appeal the decision of the Director to the City Manager within 10 days of
service of the decision via first class mail. If a timely and complete request
for appeal is submitted, the City Manager shall conduct an administrative
hearing within 30 days of receipt of the appeal. The City Manager may
decide the issues presented de novo. The City Manager’s decision following
the hearing shall be in writing, shall explain the basis for the decision, and
shall be served upon the permittee by first class mail, to the address stated
on the request for appeal form. The written decision of the City Manager
shall be the final decision of the City effective on the date of mailing.
23. Record Retention. The permittee shall retain all records related to the
construction, operation, and maintenance of the wireless facility
throughout the permit term, including without limitation the wireless ROW
permit application, the wireless ROW permit, the approved plans and
photo simulations, any RF calculations and RF testing reports, and any
other permits, approvals, memoranda, documents, papers, and other
correspondence entered into the public record in connection with the
wireless ROW permit or wireless facility (collectively, “records”). If the
permittee does not maintain such records as required by this condition, any
ambiguities or uncertainties that would be resolved by inspecting the
missing records will be construed against the permittee. The requirements
in this condition shall not be construed to create any obligation to create or
prepare any records not otherwise required to be created or prepared by
these Regulations or other applicable laws or regulations. Compliance with
the requirements in this condition shall not excuse the permittee from any
other similar record‐retention obligations under other applicable laws or
regulations.
24. Lessee/Operator Bound. Any lessee of the permittee and/or any operator
of an antenna or other equipment installed at the facility shall be bound by
all appliable conditions of the wireless ROW permit. Any failure of such
lessee and/or operator to comply with all appliable conditions of the
wireless ROW permit shall be deemed to be permittee’s failure.
25. Successors and Assigns. The conditions, covenants, promises, and terms
contained in the wireless ROW permit shall bind and inure to the benefit of
the City and permittee and their respective successors and assigns. Prior to
any voluntary assignment or assumption of rights or obligations under the
permit, the permittee shall notify the City in writing of the assignment or
assumption and shall provide all contact information required pursuant to
these Regulations.
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b. Right to Modify Permit. The City expressly reserves the right to review and
modify the conditions of the wireless permit in the event of any change in federal
law that expands the City’s authority with respect to the placement, design, or
operation of the wireless facility, and otherwise authorizes the City to modify the
permit and related conditions. In the event of any such change in law, the Director
may take actions consistent with the amended law. The permittee shall be entitled
to notice and an opportunity to be heard prior to any changes made to the permit
or conditions authorized by any such changes to federal law. Nothing in this
paragraph shall be construed to limit any vested right conferred to the permittee
under state or federal law.
c. Special Conditions. The Director may modify, add, or remove conditions to any
wireless ROW permit as they deem necessary or appropriate to (1) protect and/or
promote the public health, safety, and welfare; (2) tailor the standard conditions
in paragraph (a) of this Section to the particular facts and circumstances associated
with the deployment of a wireless facility; and/or (3) ensure that the proposed
deployment complies with the Municipal Code, the Regulations, generally
applicable health and safety requirements, and/or any other applicable laws or
regulations. As required by applicable FCC regulations, the Director shall ensure
that any different conditions applied to wireless facilities are no more burdensome
than those applied to other similarly situated infrastructure deployments.
SECTION 7. LOCATION STANDARDS
a. Location Preferences. The preferred locations for wireless facilities installed in
public rights‐of‐way, ordered from most preferred to least preferred, are set forth
as follows:
1. Locations where collocation of equipment with existing wireless facilities is
feasible within preferred facility tiers 2 through 7.
2. Locations within mixed use or non‐residential districts.
3. Locations within residential districts on or along boulevards (arterials), as
shown on the circulation network of the General Plan.
4. Locations within residential districts on or along avenues designated as
major collector streets, as shown on the circulation network of the General
Plan.
5. Locations within residential districts on or along avenues designated as
minor collector streets, as shown on the circulation network of the General
Plan.
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6. Other locations within residential districts.
7. Any location within 1,000 feet of an existing or proposed wireless facility
serving the same carrier and/or network.
8. Any location within 100 feet of a property that is eligible for protection
under the State Public Resources Code Section 5020.1(j).
9. Any location within 25 feet of an occupied structure, residential dwellings,
or schools.
10. New standalone poles that serve only the wireless facility and which do not
house City owned streetlights or other publicly owned facilities.
11. Installations on wooden utility poles.
12. Any location where strand‐mounted equipment of any kind is proposed.
If more than one location qualifies as the most preferred location under
subparagraphs (2)‐(6), the most preferred location shall be the location that is
furthest from any occupied residential unit. Except as provided in Section 7(b), no
wireless facility may be installed at a location within 1,000 feet of an existing or
proposed wireless facility serving the same carrier and/or network.
b. Findings for Installation in a Less‐Preferred Location. A wireless facility shall be
installed at the most‐preferred location within 500 feet of the proposed location
consistent with Section 7a, and shall be located at least 1,000 feet from any existing
or proposed wireless facility serving the same carrier and/or network unless (1)
the applicant demonstrates that installation of the facility at a less preferred
location is required by applicable state or federal law, or (2) the Director
determines based on clear and convincing evidence that installation of the facility
at a less‐preferred location is necessary to protect public health, safety, or welfare,
based on specific characteristics of the location of the proposed facility, or (3) any
other more preferred location is deemed technically infeasible. At the request of
the Director, the applicant shall provide signal strength analyses, coverage maps,
and/or an analysis of preferred site locations in support of any request to install a
wireless facility at a less‐preferred location under this subparagraph.
c. Prohibited Support Structures. Wireless facilities shall not be permitted on the
following support structures:
1. Decorative poles (including historic or ornamental streetlight poles).
2. Traffic signal poles, mast arms, cabinets, or related devices or structures.
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3. New, non‐replacement wood poles, or any utility pole scheduled for
removal or relocation within 24 months from the time the Director acts on
the wireless ROW permit application.
d. Encroachments Onto or Over Private Property. No antennas, accessory
equipment, or other improvements may encroach onto or over any private or other
property outside the public right‐of‐way without the property owner’s written
consent and property owner’s provision of written waiver that releases, waives
and holds harmless City from any injury to property or persons associated with
such encroachment into or onto private property.
e. No Interference with Other Uses. Wireless facilities and any associated antennas,
accessory equipment, or improvements shall not be located in any place or manner
that would physically interfere with or impede any of the following:
1. The view of any traffic sign, streetlight, or other traffic control device or any
other view lines necessary for the safety of vehicles, bicycles, or pedestrians.
2. Worker access to any above ground or underground infrastructure for
traffic control, streetlights, or public transportation, including without
limitation any curb control sign, vehicular traffic sign or signal, pedestrian
traffic sign or signal, or barricade reflector.
3. Access to any public transportation vehicles, shelters, street furniture, or
other improvements at any public transportation stop.
4. Worker access to above ground or underground infrastructure owned or
operated by any public or private utility agency.
5. Access to any fire hydrant, water valve, or water main.
6. Access to any doors, gates, passage doors, stoops, or other ingress and
egress points to any building appurtenant to the right‐of‐way.
7. Access to wastewater stations.
8. Access to any fire escape or other ingress or egress for fire safety purposes.
9. Any other similar service or facility that benefits the City or the health,
safety, or welfare of its residents.
f. Additional Placement Requirements. In addition to the other requirements of this
Section 7, the Director shall consider the following criteria in determining the
placement of a wireless facility.
1. The facility should be placed on existing structures where feasible.
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2. The facility should be placed as close as possible to the property corners or
the property line between two parcels that abut the public right‐of‐way.
3. The facility should not be placed in front of the primary entrance to a
residence or retail business or at any other location where it would unduly
interfere with the operation of a business, including blocking views of the
entrance or display windows.
4. The facility should not be placed within any sight distance triangles at any
intersections, street corners, driveways, and/or other points of ingress or
egress, unless the facility fully complies with site distance standards.
5. The facility should not be placed in any location that obstructs illumination
patterns for existing streetlights.
g. Replacement Poles. All replacement poles shall be (1) located in the same position,
or as close to the removed pole as possible; (2) aligned with the other existing poles
along the public rights‐of‐way; and (3) substantially similar in height and width
to the existing pole and compliant with all applicable standards and specifications
promulgated by the Director.
SECTION 8. DESIGN STANDARDS
a. Compliance with Health and Safety Regulations. All wireless facilities shall be
designed, constructed, operated, and maintained in compliance with all generally
applicable health and safety regulations, including without limitation all
applicable regulations for human exposure to RF emissions.
b. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat,
non‐reflective hues that match the underlying support structure or blend with the
primary background. All surfaces shall be treated with graffiti‐resistant sealant.
All finishes shall be subject to the Director’s prior approval.
c. Noise. Wireless facilities shall comply with all applicable noise control standards
and regulations in the Municipal Code Chapter 10.48 and shall not exceed, either
on an individual or cumulative basis, the noise limit in the applicable district.
Backup generators shall be operated during periods of power outages or for
testing only and shall not be tested on weekends, holidays, or between the hours
of 5:00 p.m. and 9:00 a.m.
d. Lights. All lights and light fixtures must be aimed and shielded so that their
illumination effects are directed downwards and confined within the public right‐
of‐way in a manner consistent with all standards and specifications promulgated
by the Director. All antennas, accessory equipment, and other improvements with
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indicator or status lights must be installed in locations and within enclosures that
mitigate illumination impacts visible from publicly accessible areas.
e. Trees and Landscaping. Wireless facilities may not remove or displace any
existing tree or landscape features without the prior approval of the Director. Each
removed or displaced tree or landscaping feature must be replaced by trees or
landscape features approved by the Director and consistent with Department of
Community Development landscaping requirements or Department of Public
Works requirements, whichever is applicable. Any replacement tree must be
substantially the same size as the removed or a displaced tree unless approved by
the Director. The permittee shall at all times be responsible to maintain any
replacement landscape features.
f. Signs and Advertisements. All wireless facilities that involve RF transmitters
must include signage that, consistent with applicable state and federal regulatory
requirements, accurately identifies the facility owner/operator, the
owner/operator’s site name or identification number, and a toll‐free number to the
owner/operator’s network operations center. Wireless facilities may not bear any
other signage, logos, or advertisements unless expressly approved by the City,
required by law, or recommended under FCC or other United States governmental
agencies for compliance with RF emissions regulations. Signage shall be no larger
than 6‐inches by 6‐inches unless required to be larger by law.
g. Site Security Measures. Wireless facilities may incorporate reasonable and
appropriate site security measures, such as locks and anti‐climbing devices, to
prevent unauthorized access, theft, or vandalism. The Director shall not approve
any barbed wire, razor ribbon, electrified fences, or any similarly dangerous
security measures.
h. Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts,
brackets, and other connectors and hardware shall be installed within a shroud or
radome unless shrouding is not feasible. For pole‐top antennas, the shroud must
match published City standards for size. The antenna shall be finished in a flat,
non‐reflective color to match the underlying support structure.
i. Antenna Volume. If shrouding pursuant to Paragraph (h) of this Section is not
feasible, each individual antenna associated with a wireless facility shall not
exceed three cubic feet in volume. The cumulative volume for all unshrouded
antennas at a wireless facility shall not exceed (1) three cubic feet in residential
districts or (2) six cubic feet in nonresidential districts.
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j. Overall Height. No antenna may extend more than five and one‐half feet above
the support structure, plus any minimum separation between the antenna and
other pole attachments required by applicable health and safety regulations.
k. Horizontal Projection. Horizontal projections are prohibited except where other
designs are not feasible. Side‐mounted antennas, where permitted, shall not
project (1) more than 24 inches from the support structure unless a greater distance
is required to comply with legal requirements imposed by the CPUC; (2) over any
roadway used for vehicular travel; or (3) over any abutting private property
without written authorization of the property owner.
l. Accessory Equipment Volume. The cumulative volume for all accessory
equipment at a single wireless facility shall not exceed (1) nine cubic feet in
residential districts or (2) 12 cubic feet in nonresidential districts. The volume
limits in this subsection do not apply to any undergrounded accessory equipment.
m. Undergrounded Accessory Equipment.
1. Where Required. Accessory equipment (other than any electric meter or
emergency disconnect switch when required by the electrical provider)
shall be placed underground when proposed in any underground district.
The Director may waive the requirement to underground accessory
equipment if the total volume of accessory equipment is less than 9 cubic
feet and the location and design of wireless facility otherwise complies with
the requirements of Sections 7 and 8.
2. Vaults. All undergrounded accessory equipment must be installed in an
environmentally controlled vault that is load‐rated to meet applicable
standards and specifications. Underground vaults located beneath a
sidewalk must be constructed with a slip‐resistant cover. Vents for airflow
shall be flush‐to‐grade when placed within the sidewalk. All vault lids shall
be constructed from materials rated for heavy traffic and acceptable to the
Director. Only non‐toxic sealants may be used.
n. Pole‐Mounted Accessory Equipment.
1. Preferred Concealment Techniques. Applicants shall place pole‐mounted
accessory equipment in the least conspicuous position on the proposed pole
and at the proposed location. All above ground wires and cables shall be
installed within the interior of the pole or radome unless it is not feasible to
do so. If pole‐mounted accessory equipment must be installed on the
exterior of the pole, the equipment shall be concealed behind street, traffic,
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or other existing signs to the extent that such installation complies with
applicable public health and safety regulations.
2. Orientation. Unless placed behind a street sign or some other concealment
that dictates the equipment orientation on the pole, pole‐mounted
accessory equipment should be oriented away from prominent views and
shall not substantially obstruct a view from the primary living area of a
residence (e.g., oriented toward the street).
3. Horizontal Projection. Pole‐mounted accessory equipment shall not project
(i) more than 24 inches from the pole surface unless a greater distance is
required to comply with legal requirements imposed by the CPUC; (ii) over
any roadway used for vehicular travel; or (iii) over any abutting private
property without the written consent of the property owner and property
owner’s provision of written waiver that releases, waives and holds
harmless City from any injury to property or persons associated with such
encroachment into or onto private property. All pole‐mounted accessory
equipment shall be mounted flush to the pole surface. If applicable state or
federal laws or regulations preclude flush‐mounted equipment, the
separation gap between the pole and the accessory equipment shall be no
greater than required to comply with such laws or regulations and shall be
concealed to the Director’s satisfaction.
4. Minimum Vertical Clearance. The lowest point on any pole‐mounted
accessory equipment shall be at least eight feet above ground level adjacent
to the pole unless applicable state or federal law or regulations impose a
different requirement. If applicable laws or regulations require any pole‐
mounted accessory equipment component to be placed less than eight feet
above ground level, the clearance from ground level shall be no less than
required to comply with such laws or regulations.
o. Ground‐Mounted or Base‐Mounted Accessory Equipment
1. Placement of Ground‐Mounted Equipment. Ground‐mounted equipment is
prohibited unless approved by the Director. Any approved ground‐
mounted equipment cabinets shall be placed six inches behind the
sidewalk, at least two feet from the curb, and two feet from driveway and
curb edges. Pedestals must be at least three feet from fire hydrants.
Installations must leave a minimum horizontal clear space for the path of
travel of at least six feet, unless otherwise approved by the Director. The
Director may require more clear space for travel in heavily used commercial
areas to provide sufficient room for pedestrian traffic. On arterial streets
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outside underground districts, proposed ground‐mounted accessory
equipment should be completely shrouded or placed in a cabinet
substantially similar in appearance to existing ground‐mounted accessory
equipment cabinets. On non‐arterial streets, the preferred means of
concealment of ground‐mounted facilities are as follows:
(i) Within a landscaped parkway, median or similar location, behind or
among new or existing landscape features and painted or wrapped
in flat, natural colors to blend with landscape features.
(ii) If landscaping concealment is not feasible, disguised as other street
furniture adjacent to the support structure, such as, for example,
mailboxes, benches, trash cans, or information kiosks.
2. Ground‐Mounted Equipment. No ground‐mounted accessory equipment
cabinets will be permitted.
3. Fire Protection. The exterior walls and roof covering of all ground‐mounted
accessory equipment cabinets and equipment shelters shall be constructed
of materials rated as nonflammable under the Uniform Building Code.
Openings in all above ground equipment shelters and cabinets shall be
protected against penetration by fire and windblown embers to the extent
feasible.
p. Strand‐Mounted Wireless Facilities. Strand‐mounted wireless facilities are
prohibited unless approved by the Director. Where permitted, no more than one
strand‐mounted wireless facility may be installed (1) on any single span between
two poles or (2) directly adjacent to any single pole. The Director shall not approve
any ground‐mounted equipment in connection with a strand‐mounted wireless
facility unless the ground‐mounted equipment consists of a remote power source
used to power multiple strand‐mounted wireless facilities. Strand‐mounted
wireless facilities shall not exceed one cubic foot in total volume. All equipment
and other improvements associated with a strand‐mounted wireless facility must
comply with all applicable health and safety regulations. Any accessory
equipment mounted on the pole shall be finished to match the underlying pole.
“Snowshoes” and other spooled fiber or cables are prohibited, unless approved by
the Director.
q. Utilities Serving Wireless Facilities.
1. Overhead Lines. The Director shall not approve any new overhead utility
lines in underground districts. In areas with existing overhead lines, new
communication lines shall be “overlashed” with existing communication
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lines to the maximum extent feasible. No new overhead utility lines shall be
permitted to traverse any roadway used for vehicular transit. Existing
overhead lines that serve a City streetlight pole proposed to support a
wireless facility shall be placed underground with the installation of the
facility.
2. Vertical Cable Risers. All cables, wires, and other connectors must be routed
through conduits within the pole or other support structure, and all conduit
attachments, cables, wires, and other connectors must be concealed from
public view. To the extent that cables, wires, or other connectors cannot be
routed through the pole, the applicant shall route them through a single
external conduit or shroud that has been finished to match the underlying
pole.
3. Spools and Coils. Excess fiber or cable shall not be spooled, coiled, or
otherwise stored on the pole outside equipment cabinets, vaults, or
shrouds. Fiber or cable placement on existing poles shall have a minimum
safety slack for sway and wind. Looped fiber storage for future use is
prohibited.
4. Electric Meters. Wireless facilities shall use flat‐rate electric service or other
method that obviates the need for a separate above‐grade electric meter. If
flat‐rate service is not available, applicants may install a shrouded smart
meter. If a ground‐mounted equipment cabinet is authorized by the
Director, an electric meter may be integrated with and recessed into the
cabinet. Separate ground‐mounted electric meter pedestals are prohibited
unless they are required by the electric service provider.
r. Existing Conduit or Circuits. The Director may condition the issuance of a
wireless ROW permit to require the use of existing vaults, utility holes, conduits,
ducts, manholes, electric circuits, and/or other similar facilities whenever
available. Access to any conduit and/or circuits owned by the City shall be subject
to the Director’s prior written approval, which the Director may withhold or
condition as the Director deems necessary or appropriate to protect the City’s
infrastructure, to prevent interference with the City’s municipal functions, and to
protect public health and safety.
s. Alternative Design Standards. An applicant may propose alternative design
standards, which may be considered by the Director on a case‐by‐case basis. The
Director may approve an alternative design standard only if (1) the applicant
demonstrates that strict application of the design standards in this Section 8 would
conflict with applicable state or federal law or regulations, or (2) the Director
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determines based on clear and convincing evidence that a variance from the design
standards set forth in this Section 8 is necessary to protect public health, safety, or
welfare, based on specific characteristics of the proposed facility. Any variance
from the design standards set forth in this Section 8 shall be allowed only to the
extent necessary to comply with state or federal law or regulations or to protect
public health, safety, or welfare.
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CITY OF CUPERTINO REGULATIONS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT OF
WAY (MUNICIPAL CODE CHAPTER 14.30)
SECTION 1. PURPOSE AND INTENT
The City of Cupertino (“City”) adopts these wireless regulations applicable to small
wireless facilities (“Regulations”) to establish reasonable, uniform, and comprehensive
standards and procedures for the implementation of Municipal Code Chapter 14.30. The
standards and procedures set forth in these Regulations should be applied to protect and
promote public health, safety, and welfare and balance the benefits that flow from robust,
advanced wireless services with the City’s local values, which include without limitation
the aesthetic character of the City, its neighborhoods, and community. The Regulations
are intended to establish regulations and standards for small wireless facilities unless
specifically prohibited by applicable law.
SECTION 2. DEFINITIONS
The definitions in this Section 2 are applicable to the terms, phrases, and words of these
Regulations. Undefined terms, phrases, or words will have the meanings assigned to
them in the Municipal Code or 47 U.S.C. § 153, or if not defined in either therein, will have
their ordinary meanings. If any definition assigned to any term, phrase, or word in this
Section 2 conflicts with any federal or state‐mandated definition, the federal or state‐
mandated definition will control.
“Accessory equipment” means equipment other than antennas used in connection with
a small wireless facility and includes “transmission equipment” as defined by the FCC in
47 C.F.R. § 1.6100(b)(8).
“Antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b).
“Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g).
“CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, § 5, or its duly appointed successor agency.
“Decorative pole” means any pole that includes decorative or ornamental features,
design elements and/or materials intended to enhance the appearance of the pole or the
right‐of‐way in which the pole is located.
“Director” means the Director of Public Works or their designee.
“Eligible facilities request” means the same as defined by the FCC in 47 C.F.R.
§ 1.6100(b)(3).
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“FCC” means the Federal Communications Commission or its duly appointed successor
agency.
“FCC Shot Clock” means the FCC’s presumptively reasonable time frame, accounting
for any tolling or voluntary extension, or unusual circumstances justifying additional
time, within which the City generally must act on a duly filed request for authorization
in connection with a personal wireless service facility, as such time frame is defined by
the FCC. For small wireless facilities, the FCC Shot Clock is 60 days for collocations and
90 days for new structures.
“OTARD” means an “over‐the‐air reception device” and includes all antennas and
antenna supports covered by 47 C.F.R. § 1.4000(a)(1).
“Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
“Personal wireless service facilities” means the same as defined in 47 U.S.C.
§ 332(c)(7)(C)(i).
“Public right‐of‐way” or “right‐of‐way” means the same as defined in Municipal Code
Section 14.30.020C(9).
“RF” means radio frequency or electromagnetic waves used for wireless communication.
“Shot clock days” means calendar days counted toward the presumptively reasonable
time under the applicable FCC Shot Clock. The term “shot clock days” does not include
any calendar days on which the FCC Shot Clock is tolled due to incompleteness or other
authorized pauses.
“Small wireless facility” or “small wireless facilities” means the same as defined by the
FCC in 47 C.F.R. § 1.6002(l).
“Support structure” means a “structure” as defined by the FCC in 47 C.F.R. § 1.6002(m).
“Underground district” means any area in the City within which overhead wires, cables,
cabinets, and associated overhead equipment, appurtenances, and other improvements
are either (1) prohibited by ordinance, resolution, or other applicable law; (2) scheduled
to be relocated underground within 18 months from the time an application is submitted;
or (3) primarily located underground at the time an application is submitted.
“Wireless facility” or “facility” means small wireless facility and the same as defined in
Municipal Code Section 14.30.020C(11).
“Wireless ROW permit” or “Small Cell Facility Encroachment Permit” means the same
as defined in Municipal Code Section 14.30.020C(13).
SECTION 3. APPLICABILITY
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a. Wireless Facilities. Except as expressly provided otherwise, the provisions in
these Regulations shall be applicable to all applications and requests for
authorization to construct, install, attach, operate, collocate, modify, reconstruct,
relocate, remove, or otherwise deploy small wireless facilities within the public
rights‐of‐way within the City’s jurisdictional and territorial boundaries.
b. Exemptions. These Regulations shall not apply to any facility exempt from
Chapter 14.30 of the Municipal Code pursuant to Section 14.30.030B.
c. Eligible Facilities Requests. Eligible facilities requests shall comply with Sections
4(b)‐(d), 4(h)‐(n), and 5(c)‐(d) and all applicable requirements of Section 8 to the
extent Section 8 applies to the determination of what constitutes a “substantial
change” under 47 C.F.R. § 1.6100(c)(1) but shall otherwise be exempt from the
requirements of these Regulations; provided, however, that with regards to 4(i),
the applicant will have the option of providing the public notice affidavit or
paying City’s costs associated with City completing the noticing process detailed
in 4(i) that otherwise is required of applicants.
SECTION 4. APPLICATION AND REVIEW PROCEDURES
a. Application Requirements for Wireless ROW Permits. All applications for
wireless ROW permits must comply with the requirements of Municipal Code
Section 14.30.050 and the requirements of this Section 4.
b. Application Form. The applicant shall submit a complete, duly executed wireless
ROW permit application on the current City of Cupertino form.
c. Application Fee. The applicant shall submit the applicable wireless ROW permit
fee established by City Council resolution. If no application fee has been
established for the specified work, then the applicant must submit a signed written
statement that acknowledges that the applicant will be required to reimburse the
City for its reasonable costs incurred in connection with the application within 10
days after the City issues a written demand for reimbursement.
d. Construction Drawings. The applicant shall submit true and correct construction
drawings, prepared and signed by a licensed or registered engineer, that depict all
the existing and proposed improvements, equipment and conditions related to the
proposed facility, including without limitation all poles, posts, pedestals, traffic
signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters,
drains, handholes, maintenance holes, fire hydrants, equipment cabinets,
antennas, cables, utilities, and trees and other landscape features. The construction
drawings must: (1) contain cut sheets that contain the technical specifications for
all existing and proposed antennas and accessory equipment, which includes
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without limitation the manufacturer, model number and physical dimensions;
(2) depict the applicant’s preliminary plan for electric, and data backhaul utilities,
including the anticipated locations for all conduits, cables, wires, handholes,
junctions, transformers, meters, disconnect switches, and points of connection;
(3) include locations for existing utility facilities within 50 feet of the footprint of
work; and (4) demonstrate that proposed facility will be in full compliance with
all applicable health and safety laws, regulations, or other rules, including without
limitation all building codes, electric codes, local street and sidewalk standards
and specifications, and public utility regulations and orders. All pole attachments
shall be shown with pole numbers.
e. Site Survey. The applicant shall submit a survey prepared, signed, and stamped
by a licensed engineer. The survey must identify and depict all existing
boundaries, encroachments, and other structures within 75 feet from the proposed
facility and any new improvements, including without limitation all (1) traffic
lanes; (2) private properties and property lines; (3) above and below‐grade utilities
and related structures and encroachments; (4) fire hydrants and other public safety
infrastructure; (5) streetlights, decorative poles, traffic signals, and permanent
signage; (6) sidewalks, driveways, parkways, curbs, gutters, and storm drains;
(7) benches, bus stops, trash cans, mailboxes, kiosks, and other street furniture;
and (8) existing trees, planters, and other landscaping features.
f. Photo Simulations. The applicant shall submit site photographs and photo
simulations that show the existing location and proposed wireless facility in
context from at least two vantage points within the public streets or other publicly
accessible spaces, together with a vicinity map that shows the location of the
proposed facility and the photo location for each vantage point. At least one
simulation must depict the wireless facility from a vantage point approximately
50 feet from the proposed support structure or location. The photo simulations and
vicinity map shall be incorporated into the construction plans submitted with the
application.
g. Identification of Alternative Locations. For a small wireless facility not proposed
in a tTier 1 lLocation Ppreference under Section 7(a), Tthe applicant shall provide
an inventory of support structures and other feasible locations within 500 feet of
the proposed location and explain the basis for the selection of the proposed
location.
h. RF Compliance Report. The applicant shall submit an RF exposure compliance
report that certifies that the proposed wireless facility, both individually and
cumulatively with all other emitters that contribute more than 5% to the
cumulative emissions in the vicinity (if any), will comply with applicable federal
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RF exposure standards and exposure limits. The RF report must be prepared and
certified by an engineer acceptable to the Director. The RF report must include the
actual frequency bands and power levels (in watts effective radiated power) for all
existing and proposed antennas at the proposed facility and exhibits that show the
location and orientation of all transmitting antennas and the boundaries of areas
with RF exposures in excess of the uncontrolled/general population limit (as that
term is defined by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined by the FCC).
Each such boundary shall be clearly marked and identified for every transmitting
antenna at the proposed facility.
i. Public Notices. The applicant shall include with the application an affidavit that
attests that notice has been posted at the site of the proposed facility and provided
to property owners and residents of all property within a 300‐foot radius of the
proposed facility pursuant to Municipal Code 14.30.050(D). The notices shall be
posted and delivered on forms approved by the Director and must contain:
(1) a general description of the proposed wireless facility; (2) the applicant’s
identification and contact information as provided on the application submitted
to the City for interested parties to submit comments; (3) contact information for
the Public Works Department; (4) a statement that the Director will act on the
application without a public hearing and that the owner or occupant may request
to be notified of the Director’s decision; and (5) a general statement that the FCC
requires the City to take final action on applications for wireless facilities within
60 days for collocations and 90 days for facilities on new support structures; and
(6) a statement that any person that wishes to seek a reasonable accommodation
under the American with Disabilities Act or Fair Housing Amendments Act may
do so. The notice should provide the location, date, and time of a community
meeting, if applicable. The notice shall be delivered in an envelope that
prominently displays the operator’s logo and shall prominently display the text
“NEW WIRELESS FACILITY INFORMATION” on the front of the envelope. The
applicant shall maintain (and provide to the Director, at the Director’s request)
(i) a list of recipients of the public notice; (ii) a log of any correspondence to or from
the recipients of the notice prior to the City’s final decision on the application; and
(iii) a list of recipients of the public notice who have requested to receive notice of
the Director’s decision. The applicant shall copy the appropriate Public Works
staff on all email correspondence with members of the public. The noticing period
for this activity shall be 21 days from the date the letter is deposited with the
United States Postal Service, pursuant to Municipal Code 14.30.050(D). No permit
or approval for the small wireless facility being noticed will be issued during the
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noticing period unless applicable state or federal law or regulations impose a
different requirementpermit issuance is required by applicable state or federal law.
j. Public Access to Application Information. The Director shall ensure that
information regarding the location and status of all wireless ROW permit
applications is available on the City of Cupertino website.
k. Regulatory Authorization; Shot Clock Requirements. The applicant shall submit
evidence of the applicant’s regulatory status under federal and California law to
provide the services and construct the wireless facility proposed in the application.
The application must state whether the applicant believes state or federal law
requires action on the application within a specified time period.
l. Property Owner’s Authorization. The applicant shall identify the support
structure for the wireless facility (including any identification number) and
include written authorization from the support structure owner(s).
m. Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and
certified by a California licensed engineer for the proposed wireless facility and all
associated equipment including all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators
demonstrating compliance with the applicable provisions of Chapter 10.48. The
acoustic analysis must include an analysis of the manufacturers’ specifications for
all noise‐emitting equipment and a depiction of the proposed equipment relative
to all adjacent property lines. Where no generator, mechanical fan, or other noise‐
emitting equipment is proposed for installation, the applicant may submit, in lieu
of an acoustic analysis, evidence from the equipment manufacturer(s) that
demonstrates the ambient noise emitted from all the proposed equipment will not,
both individually and cumulatively, exceed applicable noise standards.
n. Structural Analysis. The applicant shall submit a report prepared and certified by
a California‐licensed structural engineer (or other qualified personnel acceptable
to the City) that certifies (1) the underlying pole or support structure has the
structural integrity and/or capacity to support all the proposed equipment and
attachments; (2) the foundation has the capacity to support additional loading and
to accommodate any modifications to the pole base and bolt pattern; and (3) any
drilling or cutting will preserve the structural integrity of the pole. Where an
applicant proposes to replace the pole and foundation, the applicant shall submit
structural drawings and calculations prepared and certified by a California‐
licensed structural engineer.
o. Community Meeting. The City strongly encourages, but does not require,
applicants to schedule, notice, arrange, and attend a pre‐submittal community
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meeting with all interested members of the public. This voluntary, pre‐submittal
public meeting does not cause the FCC Shot Clock to begin running and is
intended to give applicants the opportunity to hear from members of the public
regarding proposed deployment. Applicants should bring any draft applications,
plans, maps, presentations, or other materials to facilitate the public’s
understanding of the applicant’s proposal. The City seeks to encourage dialogue
that may allow applicants to address and resolve areas of concern prior to the
submittal of an application.
p. Pole Availability Requests. Before submitting an application, applicants seeking
a permit to install a wireless facility on a City light pole are encouraged but not
required to submit a pole availability request and reservation to the Department
of Public Works, to determine whether the light pole is available for the proposed
facility. The applicant shall explain why the proposed location meets the
requirements of Section 7 of these Regulations. Each pole availability request shall
include the following information:
1. A map showing the location of the streetlight pole that is the subject of the
request. This map should be in the form of a Google KMZ file or other file
type that clearly shows the streetlight being indicated.
2. Information on the equipment and layout being proposed (e.g., all
equipment within the shroud, equipment on the pole screened by signs,
base enclosure, underground vault, or equipment on the pole situated to
minimize views of equipment).
The approval of a pole availability request does not constitute approval of a
wireless ROW permit and does not relieve the applicant of complying with all
requirements of Chapter 14.30 and these Regulations.
q. License Agreement. For any wireless facility proposed to be installed on any
structure owned or controlled by the City and located within the public rights‐of‐
way, the applicant shall submit an executed Small Cell License Agreement on a
form prepared by the City that states the terms and conditions for such non‐
exclusive use by the applicant. Such agreement will function as a master
agreement pursuant to which an Encroachment Agreement will be entered into
between City and applicant which will detail the terms and conditions that will
govern particular siting authorizations.
r. Peer and Independent Consultant Review. The Director may in their discretion
select and retain independent consultant(s) with expertise and appropriate
credentials in telecommunications, RF testing/compliance, electrical or fire safety,
and/or other professional consultation services as deemed appropriate in
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connection with the review of any application under this chapter. Such
independent consultant review may be retained on any issue that involves
specialized or expert knowledge in connection with an application, including but
not limited to application completeness or accuracy, engineering analysis, or
compliance with FCC radio frequency emissions limits. The Director may require
that the independent consultant prepare written reports, testify at public meetings,
hearings and/or appeals, and attend meetings with City staff and/or the applicant.
Subject to applicable law, in the event that the Director elects to retain an
independent consultant in connection with any permit application, the applicant
shall be responsible for the reasonable costs in connection with the services
provided, which may include without limitation any costs incurred by the
independent consultant to attend and participate in any meetings or hearings.
Before the independent consultant may perform any services, the applicant shall
tender to the City a deposit in an amount equal to the estimated cost for the
consultant’s services to be provided, as determined by the Director. The Director
may request additional deposits as reasonably necessary to ensure sufficient funds
are available to cover the reasonable costs in connection with the independent
consultant’s services. In the event that the deposit exceeds the total costs for
consultant’s services, the Director shall promptly return any unused funds to the
applicant after the wireless facility has been installed and passes a final inspection
by the Director. In the event that the reasonable costs for the independent
consultant’s services exceed the deposit, the Director shall invoice the applicant
for the balance. The City shall not issue any wireless ROW permit to any applicant
with any unpaid deposit requests or invoices.
s. Incomplete Applications Deemed Withdrawn. An application shall be
automatically deemed withdrawn by the applicant when the applicant fails to
submit a substantive response to the Director within 60 180 calendar days after the
Director deems the application incomplete by written notice unless the applicant
demonstrates good cause for the delay. A “substantive response” must include, at
a minimum, all the materials identified as incomplete in the written incomplete
notice, unless the Director explicitly waives any materials.
SECTION 5. DECISIONS
a. Decision of the Director. The Director shall approve, deny (with or without
prejudice), or conditionally approve an application for a wireless ROW permit
within a sufficient time to allow for an appeal to the City Manager pursuant to
Municipal Code Section 14.30.070.
b. Findings for Approval. Except for eligible facilities requests, any approval or
conditional approval of an application for a wireless ROW permit shall include a
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written determination based on the findings set forth in Municipal Code Section
14.30.060(B). The findings shall include a determination that the proposed facility
meets the requirements in these Regulations, including the following:
1. The proposed facility is either located in the “most preferred” location for
a wireless facility (Section 7(a)) or that the requirements of Section 7(b) are
satisfied.
2. The proposed facility complies with all applicable design standards
(Section 8).
3. The applicant has demonstrated that the proposed facility will be in
compliance with all applicable FCC regulations and guidelines for human
exposure to RF emissions.
c. Eligible Facilities Requests. Notwithstanding Section 5(b), the Director shall
approve an eligible facilities request if the application meets the requirements set
forth in 47 C.F.R. § 1.6100 and complies with all applicable state and federal laws
and regulations, including without limitation applicable regulations for human
exposure to RF emissions and all applicable building standards. The conditions of
any permit previously issued for the eligible facility shall apply to the maximum
extent permitted by federal and state law and regulations.
d. Notice of Decision. Within five calendar days of the Director’s action on a wireless
ROW permit application, the Director shall provide written notice to the applicant
stating the reasons for approval, conditional approval, or denial of the permit
application.
SECTION 6. CONDITIONS OF APPROVAL
a. Standard Conditions. All wireless ROW permits shall be subject to the following
standard conditions of approval:
1. Permit Term. Each wireless ROW permit shall have a term of 10 years and
shall automatically expire 10 years and one day from its issuance, unless a
different term is set pursuant to a license agreement approved by the City
Council. Any other permit or approval issued in connection with any
collocation, modification, or other change to a permitted wireless facility,
including without limitation any permits or other approvals deemed‐
granted or deemed‐approved under state or federal law, shall not extend
the term of the permit unless expressly provided otherwise in such permit
or approval or required under state or federal law. Nothing in this
subparagraph shall extend or abridge the rights of permittee under any
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license agreement with the City or any other public agency or any private
utility.
2. Permit Renewal. Not more than one year before a wireless ROW permit
expires, the permittee may apply for renewal of the permit. The permittee
must demonstrate that the wireless facility complies with all conditions of
approval of the permit and all applicable provisions in Municipal Code and
Regulations that exist at the time the renewal decision is rendered. The
Director may modify or amend the conditions on as may be necessary or
appropriate to ensure compliance with the Municipal Code, these
Regulations, or other applicable law. Upon renewal, the permit will
automatically expire 10 years and one day from the date of renewal unless
expressly issued for a shorter duration. Nothing in this subparagraph shall
extend or abridge the rights of permittee under any license agreement with
the City or any other public agency or any private utility. The provisions of
this subparagraph may be waived or modified by a license agreement
approved by the City Council.
3. Build‐Out Period. A wireless ROW permit will automatically expire six
months from the approval date (the “build‐out period”) unless the
permittee (i) obtains all other permits and approvals required to install,
construct, and/or operate the approved wireless facility, including without
limitation any permit or approval required by any federal, state, or local
public agency with jurisdiction over the subject property, the support
structure, or the wireless facility, and (ii) begins construction of the
permitted facility within six months of the approval date. The permittee
may request in writing, and the City may grant in writing, one six‐month
extension if the permittee submits substantial and reliable written evidence
demonstrating justifiable cause for the extension. If the build‐out period
and/or any extension period expires, the permit shall be automatically void,
but the permittee may resubmit a complete application, including all
application fees, for the same or a substantially similar facility.
4. Post‐Installation Certification. Within 30 calendar days after the permittee
receives the final inspection or completes the construction and/or
installation of a wireless facility, the permittee shall provide the Director
with documentation that the facility has been installed and/or constructed
in compliance with the approved construction drawings and photo
simulations. Such documentation shall include without limitation as‐built
drawings, GIS data, and site photographs. Post‐installation certification
shall include compliance with any provisions of a license agreement
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between the permittee and the City relating to the measurement of RF
emissions from a wireless facility.
5. Site Maintenance. The permittee shall comply with the provisions of the
most current editions of the City’s Building Code, Plumbing Code, and
Electrical Code; any applicable construction standards adopted by the
Department of Public Works; the facility’s specifications and plans; and any
applicable federal, state, or local statutes, ordinances, regulations,
guidelines, or requirements. The permittee shall keep the site, which
includes without limitation any and all improvements, equipment,
structures, access routes, fences, and landscape features, in a neat, clean,
and safe condition in accordance with the approved construction drawings
and all conditions in the wireless ROW permit. The permittee shall keep the
site area free from litter and debris at all times. The facility shall be
manufactured or treated to resist graffiti. The permittee, at no cost to the
City, shall monitor and abate any graffiti or other vandalism at the site. The
permittee shall make reasonable commercial efforts to remove graffiti
within 72 hours after the permittee receives notice or otherwise becomes
aware that such graffiti or other vandalism occurred.
6. Compliance with Laws. The permittee shall at all times comply with all
federal, state, and local statutes, regulations, orders, or other rules that carry
the force of law applicable to the permittee, the subject property, the
wireless facility, and any use or activities in connection with the use
authorized in the wireless ROW permit (collectively, “laws”). The permittee
expressly acknowledges and agrees that this obligation is intended to be
broadly construed and that no other specific requirements in these
conditions are intended to reduce, relieve, or otherwise lessen the
permittee’s obligation to maintain compliance with all laws. No failure or
omission by the City to timely enforce compliance with any applicable
provision in the Municipal Code, these Regulations, any permit condition,
or any applicable law or regulation shall be deemed to relieve, waive, or
lessen the permittee’s obligation to comply in all respects with all applicable
provisions in the Municipal Code, these Regulations, any permit condition,
or any applicable law or regulation.
7. Construction Activities. Construction shall be coordinated with other
utility companies or applicants installing infrastructure in the right‐of‐way
and shall be scheduled and conducted so as to minimize interference with
public use of the right‐of‐way, including access to the right‐of‐way from
private property. The permittee shall use all reasonable efforts to avoid any
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and all unreasonable, undue, or unnecessary adverse impacts on nearby
properties that may arise from the construction, installation, operation,
modification, maintenance, repair, removal, and/or other activities on or
about the site of the facility, including the public’s use of the right‐of‐way
and the public’s access to the right‐of‐way from private property. The
permittee shall not perform or cause or allow others to perform any
construction, installation, operation, modification, maintenance, repair,
removal, or other work that involves heavy equipment or machines except
during normal construction work hours authorized by the Municipal Code.
The restricted work hours in this condition will not prohibit any work
required to prevent an actual, immediate harm to property or persons or
any work arising from an emergency declared by the City or other state or
federal government agency or official with authority to declare an
emergency within the City. The Director may issue a stop work order for
any activity that violates this condition in whole or in part. The permittee
agrees to fully cooperate with the City in assisting the City to achieve its
accommodation obligations under the Americans with Disabilities Act, the
Fair Housing Act Amendments of 1988, and other applicable laws.
8. Inspections; Emergencies. The permittee expressly acknowledges and
agrees that the City’s officers, officials, staff, agents, contractors, or other
designees may enter onto the site and inspect the improvements and
equipment upon reasonable prior notice to the permittee. Notwithstanding
the prior sentence, the City’s officers, officials, staff, agents, contractors, or
other designees may (i) at any time inspect the facility visually or with any
remote sensing equipment and (ii) may, but will not be obligated to, enter
the facility without prior notice to support, repair, disable, or remove any
improvements or equipment in emergencies or when such improvements
or equipment threatens actual, imminent harm to property or persons. The
permittee, if present, may observe the City’s officers, officials, staff, or other
designees while any such inspection or emergency access occurs.
9. Permittee’s and Contractor’s Contact Information. Within 10 days from
the final approval, the permittee shall furnish the City with accurate and
up‐to‐date contact information for a person responsible for the wireless
facility, which includes without limitation such person’s full name, title,
direct telephone number, mailing address, and email address. The
permittee shall keep such contact information up‐to‐date at all times and
shall promptly provide the City with updated contact information if either
the responsible person or such person’s contact information changes. In
addition, before the City issues any permit required to commence
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construction, the permittee shall furnish the City with accurate and up‐to‐
date contact information for the contractor responsible for the construction
of the facility, including without limitation such person’s full name, title,
direct telephone number, mailing address, and email address.
10. Performance Bond. Before the City issues any permit required to
commence construction in connection with the permit, the permittee shall
post a performance bond from a surety and in a form acceptable to the
Director in an amount reasonably necessary to cover the cost to remove,
store, and/or dispose of the improvements and restore all affected areas
based on a written estimate from a qualified contractor with experience in
wireless facility removal. The written estimate must include the cost to
remove, reasonably store, and/or dispose of all equipment and other
improvements, including without limitation all antennas, radios, batteries,
generators, utilities, cabinets, mounts, brackets, hardware, cables, wires,
conduits, structures, shelters, towers, poles, footings, and foundations,
whether above ground or below ground, constructed or installed in
connection with the wireless facility, plus the cost to completely restore any
areas affected by the removal work to a standard compliant with applicable
laws. In establishing or adjusting the bond amount required under this
condition, the Director shall take into consideration any information
provided by the permittee regarding the cost to remove, reasonably store,
and/or dispose of the wireless facility to a standard compliant with
applicable laws. The performance bond shall expressly survive the duration
of the permit term to the extent required to effectuate a complete removal
of the subject wireless facility in accordance with this condition.
11. Landscaping. All landscaping shall comply with the requirements of
Section 8(e) of the Regulations. The permittee shall replace any landscape
features damaged or displaced by the construction, installation, operation,
maintenance, or other work performed by the permittee or at the
permittee’s direction on or about the facility.
12. Trenching and Excavation. Any excavation and/or trenching activities
shall not disturb the root systems of trees measuring 24 inches or more in
diameter. Protective fencing, consistent with City Standard Details, should
be installed around street trees within or adjacent to the work area to
prevent damage to branches, trunks, or root systems. If any cultural
resources are discovered during excavation, trenching, or other
construction activities, work shall be stopped immediately, and the Director
of Community Development shall be notified. Directional boring should be
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used instead of trenching whenever possible to minimize interference with
vehicular traffic and may be required by the City when working in streets
that have been recently resurfaced or resealed. When trenching is
necessary, all trenches shall be covered at the end of each workday, in
compliance with City standards and policies regarding trench plates. The
total time that a trench may remain open in any segment of the road system
should not exceed one week unless a longer time period is expressly
authorized by the Director.
13. Construction Hours and Noise Control. Noise‐producing site preparation
and construction activities shall comply with Municipal Code Section 10.48
and any additional conditions of approval. All trucks and equipment shall
use the best available noise control techniques and equipment including
improved mufflers, intake silencers, ducts, engine enclosures, and noise‐
reducing shields or shrouds. Impact tools such as jackhammers, pavement
breakers, and noise drills shall be hydraulically or electrically powered
wherever feasible to avoid noise associated with compressed air exhaust
from pneumatically powered tools. When the use of pneumatic tools is
unavoidable, an exhaust muffler shall be used on the compressed air
exhaust to lower noise levels. External jackets shall be used on tools where
feasible to achieve noise reductions. To the extent feasible, quieter
procedures, such as drilling instead of jack hammering, shall be used.
Stationary noise sources shall be located away from sensitive receptors to
the extent feasible. If location within 20 25 feet of homes, schools,
neighborhood parks, or retail businesses is necessary, stationery noise
sources shall be muffled and enclosed with temporary sheds, unless
permitted otherwise by the Director of Public Works. Trucks and other
vehicles should not be permitted to idle when waiting at or near the
construction site.
14. Dust and Stormwater Control. Construction sites shall be watered at least
twice daily if necessary to control dust caused by site preparation and
construction activities. Watering intervals shall be increased whenever
wind speeds exceed 15 miles per hour, or as necessary to control dust.
Where feasible, reclaimed water shall be used for this purpose. All trucks
hauling soil, sand, paving materials, and other loose materials shall be
covered or required to maintain at least two feet of space between the top
of the load and the top of the trailer. Streets shall be swept at the end of each
workday if soil, sand, or other material has been carried onto adjacent
paved streets or sidewalks. When feasible, streets shall be swept using
reclaimed water. Best Management Practices shall be used to prevent oil,
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dirt, or other materials from construction equipment or activity from
washing into the City storm drainage system. Water discharge resulting
from both construction and underground facility drainage shall comply
with National Pollutant Discharge Elimination System (NPDES)
regulations.
15. Cost Reimbursement. The permittee acknowledges and agrees that (i) the
permittee’s request for authorization to construct, install, and/or operate
the wireless facility will cause the City to incur costs and expenses; (ii) the
permittee shall be responsible to reimburse the City for all costs incurred in
connection with the permit, including without limitation costs related to
application review, permit issuance, site inspection, and any other costs
reasonably related to or caused by the request for authorization to
construct, install, and/or operate the wireless facility; (iii) any application
fees required for the application may not cover all such reimbursable costs
and that the permittee shall have the obligation to reimburse the City for all
such costs 10 days after receipt of a written demand for reimbursement and
reasonable documentation to support such costs; and (iv) the City shall
have the right to withhold any permits or other approvals in connection
with the wireless facility until and unless any outstanding costs have been
reimbursed to the City by the permittee.
16. Rearrangement and Relocation. The permittee acknowledges that the City,
in its sole discretion and at any time, may (i) change any street grade, width
or location; (ii) add, remove, or otherwise change any improvements in, on,
under, or along any street owned by the City or any other public agency,
including without limitation any sewers, storm drains, conduits, pipes,
vaults, boxes, cabinets, poles, and utility systems for gas, water, electric, or
telecommunications; and/or (iii) perform any other work deemed
necessary, useful, or desirable by the City (collectively, “City work”). The
City reserves the rights to do any and all City work without any admission
on its part that the City would not have such rights without the express
reservation in the wireless ROW permit. If the Director determines that any
City work will require the wireless facility to be rearranged, relocated, or
removed, the permittee shall at its sole cost and expense do or cause to be
done all things necessary to commence accomplish such rearrangement,
relocation, or removal, within 60 days of written request to do so and
diligently prosecute such work to completion, subject to City’s reasonable
cooperation with regards to permitting and/or licensing approvals. If the
permittee fails or refuses to either permanently or temporarily commence
to rearrange, relocate, or remove the wireless facility within 60 days after
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receiving notice from the Director, the City may (but will not be obligated
to) cause the rearrangement, relocation, or removal to be performed at the
permittee’s sole cost and expense. The City may exercise its rights to
rearrange, relocate, or remove the permittee’s wireless facility without prior
notice to permittee when the Director determines that City work is
immediately necessary to protect public health, safety or convenience. The
permittee shall reimburse the City for all costs and expenses in connection
with such work within 10 days after receiving a written demand for
reimbursement and reasonable documentation to support such costs and
expenses.
17. Reserved.Future Undergrounding Programs. The permittee acknowledges
that if other utilities or communications providers in the right‐of‐way
underground their facilities in the segment of the right‐of‐way where the
wireless facility is located, the permittee shall also be required to
underground its equipment, except its antennas and any approved electric
meter, at approximately the same time. Accessory equipment such as radios
and computers that require an environmentally controlled underground
vault to function shall not be exempt from this condition. Such
undergrounding shall occur at the permittee’s sole cost and expense except
as may be reimbursed through tariffs approved by the CPUC for
undergrounding costs. Nothing in this paragraph shall be construed to limit
the term of the permit.
18. Electric Meters. The permittee shall comply with all electric utility
requirements for electric meters and enclosures, including making any
necessary upgrades and/or modifications to electrical facilities at the
permittee’s expense. The permittee shall obtain all required permits for the
upgrade or modification of electric meters, enclosures, wiring, and/or other
equipment and shall restore any affected areas to its original condition that
existed prior to installation of the equipment. The permittee shall work to
ensure all electric meters are screened from public view or shall provide
written evidence demonstrating why screening of an electric meter is
infeasible. The Director may in their discretion require modifications to the
application materials to better disguise the meter or otherwise hide it from
view.
19. Insurance. The permittee shall secure and maintain commercial general
liability insurance, including bodily injury and property damage, with limits
of $2,000,000 per occurrence and $4,000,000 in the aggregate, or as otherwise
established by agreement, and shall have coverage at least as broad as the
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Insurance Service Office (ISO) Form No. CG 0001 or its successor; provided,
however, that the Director may consider proof of adequate insurance
sufficient to satisfy the requirements of any license agreement between
permittee and the City as proof of compliance with this condition. The City,
the City Council, and the City’s boards, commissions, officers, and
employees shall be included as an additional insureds under the permittee’s
policy.
20. Indemnification. The permittee shall indemnify, defend, protect, and hold
harmless the City, the City Council, and the City’s commission members,
officers, and employees from and against any and all claims, demands,
losses, damages, liabilities, fines, charges, penalties, administrative and
judicial proceedings, orders, judgments, all costs and expenses (collectively,
“claims”) incurred in connection with activities authorized under the
wireless ROW permit or in connection with the construction, operation, or
maintenance of the wireless facility, except to the extent that any such claim
arises solely from the negligence or willful misconduct of the City, the City
Council, or the City’s commission members, officers, and employees. In the
event the City becomes aware of any claims, the City will use best efforts to
promptly notify the permittee and the private property owner (if
applicable) and shall reasonably cooperate in the defense. The permittee
expressly acknowledges and agrees that the City shall have the right to
approve, which approval shall not be unreasonably withheld, the legal
counsel providing the City’s defense, and the property owner and/or
permittee (as applicable) shall promptly reimburse the City for any costs
and expenses directly and necessarily incurred by the City in the course of
the defense. The permittee expressly acknowledges and agrees that the
permittee’s indemnification obligations under this condition are a material
consideration that motivates the City to approve anythis wireless ROW
permit and that such indemnification obligations will survive the
expiration, revocation, or other termination of the wireless ROW permit.
21. Truthful and Accurate Statements. The permittee acknowledges that the
City’s approval relies on the written and/or oral statements by permittee
and/or persons authorized to act on permittee’s behalf. In any matter before
the City in connection with the wireless ROW permit or the infrastructure
approved under the permit, neither the permittee nor any person
authorized to act on permittee’s behalf shall, in any written or oral
statement, recklessly or intentionally provide material factual information
that is incorrect or misleading or intentionally or recklessly omit any
material information necessary to prevent any material factual statement
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from being incorrect or misleading. Failure to comply with this paragraph
may result in permit revocation and other enforcement action under these
Regulations or the Municipal Code.
22. Permit Revocation. Wireless ROW permits may be subject to revocation
under Municipal Code Section 14.30.080(A). The Director may initiate
revocation proceedings when the Director determines that a wireless
facility is not in compliance with any applicable law, including without
limitation the conditions of any permit issued in connection with the
construction, operation, or maintenance of the facility. The Director shall
provide the permittee with written notice identifying (i) the facility; (ii) the
violation(s) to be corrected; and (iii) the timeframe in which the permittee
must correct such violation(s), and shall notify the permittee that, in
addition to all other rights and remedies the City may pursue, the City may
initiate revocation proceedings for failure to correct such violation(s). The
Director may revoke a permit if said violation(s) are not corrected within 30
days of the date of the notice, or within the timeframe to correct such
violation(s) stated in the notice, whichever is longer. The permittee may
appeal the decision of the Director to the City Manager within 10 days of
service of the decision via first class mail. If a timely and complete request
for appealhearing is submitted, the City Manager shall conduct an
administrative hearing within 30 days of receipt of the appeal. The City
Manager may decide the issues presented de novo. The City Manager’s
decision following the hearing shall be in writing, shall explain the basis for
the decision, and shall be served upon the permittee by first class mail, to
the address stated on the request for appealhearing form. The written
decision of the City Manager shall be the final decision of the City effective
on the date of mailing.
23. Record Retention. The permittee shall retain all records related to the
construction, operation, and maintenance of the wireless facility
throughout the permit term, including without limitation the wireless ROW
permit application, the wireless ROW permit, the approved plans and
photo simulations, any RF calculations and RF testing reports, and any
other permits, approvals, memoranda, documents, papers, and other
correspondence entered into the public record in connection with the
wireless ROW permit or wireless facility (collectively, “records”). If the
permittee does not maintain such records as required by this condition, any
ambiguities or uncertainties that would be resolved by inspecting the
missing records will be construed against the permittee. The requirements
in this condition shall not be construed to create any obligation to create or
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prepare any records not otherwise required to be created or prepared by
these Regulations or other applicable laws or regulations. Compliance with
the requirements in this condition shall not excuse the permittee from any
other similar record‐retention obligations under other applicable laws or
regulations.
24. Lessee/Operator Bound. Any lessee of the permittee and/or any operator
of an antenna or other equipment installed at the facility shall be bound by
all appliable conditions of the wireless ROW permit. Any failure of such
lessee and/or operator to comply with all appliable conditions of the
wireless ROW permit shall be deemed to be permittee’s failure.
25. Successors and Assigns. The conditions, covenants, promises, and terms
contained in the wireless ROW permit shall bind and inure to the benefit of
the City and permittee and their respective successors and assigns. Prior to
any voluntary assignment or assumption of rights or obligations under the
permit, the permittee shall notify the City in writing of the assignment or
assumption and shall provide all contact information required pursuant to
these Regulations.
b. Right to Modify Permit. The City expressly reserves the right to review and
modify the conditions of the wireless permit in the event of any change in federal
law that expands the City’s authority with respect to the placement, design, or
operation of the wireless facility, and otherwise authorizes the City to modify the
permit and related conditions. In the event of any such change in law, the Director
may review and revoke or modify the wireless permittake actions consistent with
the amended law based on subsequent amendments to Municipal Code Chapter
14.30 or regulations adopted pursuant to Municipal Code Section 14.30.040. The
permittee shall be entitled to notice and an opportunity to be heard prior to any
changes made to the permit or conditionsthe revocation or modification of any
permit authorized by any such changes to federal law. Any permit revocation shall
comply with the requirements of Section 6(a)(22) of these Regulations.Nothing in
this paragraph shall be construed to limit any vested right conferred to the
permittee under state or federal law.
c. Special Conditions. The Director may modify, add, or remove conditions to any
wireless ROW permit as they deem necessary or appropriate to (1) protect and/or
promote the public health, safety, and welfare; (2) tailor the standard conditions
in paragraph (a) of this Section to the particular facts and circumstances associated
with the deployment of a wireless facility; and/or (3) ensure that the proposed
deployment complies with the Municipal Code, the Regulations, generally
applicable health and safety requirements, and/or any other applicable laws or
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regulations. As required by applicable FCC regulations, the Director shall ensure
that any different conditions applied to wireless facilities are no more burdensome
than those applied to other similarly situated infrastructure deployments.
SECTION 7. LOCATION STANDARDS
a. Location Preferences. The preferred locations for wireless facilities installed in
public rights‐of‐way, ordered from most preferred to least preferred, are set forth
as follows:
1. Locations where collocation of equipment with existing wireless facilities is
feasible within preferred facility tiers 2 through 7.
1.2.Locations within mixed use or non‐residential districts.
2.3.Locations within residential districts on or along boulevards (arterials), as
shown on the circulation network of the General Plan or main streets.
4. Locations within residential districts on or along avenues designated as
major or minor collector streets, as shown on the circulation network of the
General Plan.
3.5.Locations within residential districts on or along avenues designated as
minor collector streets, as shown on the circulation network of the General
Plan.
6. Other locations within residential districts.
4.7.Any location within 1,000 feet of an existing or proposed wireless facility
serving the same carrier and/or network.
8. Any location within 100 feet of a school, or a property that is eligible for
protection under the State Public Resources Code Section 5020.1(j).
9. Any location within 25 feet of an occupied structure, residential dwellings,
or schools.
5.10. New standalone poles that serve only the wireless facility and which
do not house City owned streetlights or other publicly owned facilities.
6.11. Installations on wooden utility poles.
7.12. Any location where strand‐mounted equipment of any kind is
proposed.
If more than one location qualifies as the most preferred location under
subparagraphs (2)‐(6), the most preferred location shall be the location that is
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furthest from any occupied residential unit. Except as provided in Section 7(b), no
wireless facility may be installed at a location within 750 1,000 feet of an existing
or proposed wireless facility serving the same carrier and/or network.
b. Findings for Installation in a Less‐Preferred Location. A wireless facility shall be
installed at the most‐preferred location within 500 feet of the proposed facility
location consistent with Section 7a, and shall be located at least 750 1,000 feet from
any existing or proposed wireless facility serving the same carrier and/or network
unless (1) the applicant demonstrates that installation of the facility at a less
preferred location is required by applicable state or federal law, or (2) the Director
determines based on clear and convincing evidence that installation of the facility
at a less‐preferred location is necessary to protect public health, safety, or welfare,
based on specific characteristics of the location of the proposed facility, or (3) any
other more preferred location is deemed technically infeasible. At the request of
the Director, the applicant shall provide signal strength analyses, coverage maps,
and/or an analysis of preferred site locations in support of any request to install a
wireless facility at a less‐preferred location under this subparagraph.
c. Prohibited Support Structures. Wireless facilities shall not be permitted on the
following support structures:
1. Decorative poles (including historic or ornamental streetlight poles).
2. Traffic signal poles, mast arms, cabinets, or related devices or structures.
3. New, non‐replacement wood poles, or any utility pole scheduled for
removal or relocation within 24 months from the time the Director acts on
the wireless ROW permit application.
d. Encroachments Onto or Over Private Property. No antennas, accessory
equipment, or other improvements may encroach onto or over any private or other
property outside the public right‐of‐way without the property owner’s written
consent and property owner’s provision of written waiver that releases, waives
and holds harmless City from any injury to property or persons associated with
such encroachment into or onto private property.
e. No Interference with Other Uses. Wireless facilities and any associated antennas,
accessory equipment, or improvements shall not be located in any place or manner
that would physically interfere with or impede any of the following:
1. The view of any traffic sign, streetlight, or other traffic control device or any
other view lines necessary for the safety of vehicles, bicycles, or pedestrians.
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2. Worker access to any above ground or underground infrastructure for
traffic control, streetlights, or public transportation, including without
limitation any curb control sign, vehicular traffic sign or signal, pedestrian
traffic sign or signal, or barricade reflector.
3. Access to any public transportation vehicles, shelters, street furniture, or
other improvements at any public transportation stop.
4. Worker access to above ground or underground infrastructure owned or
operated by any public or private utility agency.
5. Access to any fire hydrant, water valve, or water main.
6. Access to any doors, gates, passage doors, stoops, or other ingress and
egress points to any building appurtenant to the right‐of‐way.
7. Access to wastewater stations.
8. Access to any fire escape or other ingress or egress for fire safety purposes.
9. Any other similar service or facility that benefits the City or the health,
safety, or welfare of its residents.
f. Additional Placement Requirements. In addition to the other requirements of this
Section 7, the Director shall consider the following criteria in determining the
placement of a wireless facility.
1. The facility should be placed on existing structures where feasible.
2. The facility should be placed as close as possible to the property corners or
the property line between two parcels that abut the public right‐of‐way.
3. The facility should not be placed in front of the primary entrance to a
residence or retail business or at any other location where it would unduly
interfere with the operation of a business, including blocking views of the
entrance or display windows.
4. The facility should not be placed within any sight distance triangles at any
intersections, street corners, driveways, and/or other points of ingress or
egress, unless the facility fully complies with site distance standards.
5. The facility should not be placed in any location that obstructs illumination
patterns for existing streetlights.
g. Replacement Poles. All replacement poles shall be (1) located in the same position,
or as close to the removed pole as possible; (2) aligned with the other existing poles
along the public rights‐of‐way; and (3) substantially similar in height and width
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to the existing pole and compliant with all applicable standards and specifications
promulgated by the Director.
SECTION 8. DESIGN STANDARDS
a. Compliance with Health and Safety Regulations. All wireless facilities shall be
designed, constructed, operated, and maintained in compliance with all generally
applicable health and safety regulations, including without limitation all
applicable regulations for human exposure to RF emissions.
b. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat,
non‐reflective hues that match the underlying support structure or blend with the
primary background. All surfaces shall be treated with graffiti‐resistant sealant.
All finishes shall be subject to the Director’s prior approval.
c. Noise. Wireless facilities shall comply with all applicable noise control standards
and regulations in the Municipal Code Chapter 10.48 and shall not exceed, either
on an individual or cumulative basis, the noise limit in the applicable district.
Backup generators shall be operated during periods of power outages or for
testing only and shall not be tested on weekends, holidays, or between the hours
of 5:00 p.m. and 9:00 a.m.
d. Lights. All lights and light fixtures must be aimed and shielded so that their
illumination effects are directed downwards and confined within the public right‐
of‐way in a manner consistent with all standards and specifications promulgated
by the Director. All antennas, accessory equipment, and other improvements with
indicator or status lights must be installed in locations and within enclosures that
mitigate illumination impacts visible from publicly accessible areas.
e. Trees and Landscaping. Wireless facilities may not remove or displace any
existing tree or landscape features without the prior approval of the Director. Each
removed or displaced tree or landscaping feature must be replaced by trees or
landscape features approved by the Director and consistent with Department of
Community Development landscaping requirements or Department of Public
Works requirements, whichever is applicable. Any replacement tree must be
substantially the same size as the removed or a displaced tree unless approved by
the Director. The permittee shall at all times be responsible to maintain any
replacement landscape features.
f. Signs and Advertisements. All wireless facilities that involve RF transmitters
must include signage that, consistent with applicable state and federal regulatory
requirements, accurately identifies the facility owner/operator, the
owner/operator’s site name or identification number, and a toll‐free number to the
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owner/operator’s network operations center. Wireless facilities may not bear any
other signage, logos, or advertisements unless expressly approved by the City,
required by law, or recommended under FCC or other United States governmental
agencies for compliance with RF emissions regulations. Signage shall be no larger
than 6‐inches by 6‐inches unless required to be larger by law.
g. Site Security Measures. Wireless facilities may incorporate reasonable and
appropriate site security measures, such as locks and anti‐climbing devices, to
prevent unauthorized access, theft, or vandalism. The Director shall not approve
any barbed wire, razor ribbon, electrified fences, or any similarly dangerous
security measures.
h. Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts,
brackets, and other connectors and hardware shall be installed within a shroud or
radome unless shrouding is not feasible. For pole‐top antennas, the shroud must
match published City standards for size. The antenna shall be finished in a flat,
non‐reflective color to match the underlying support structure.
i. Antenna Volume. If shrouding pursuant to Paragraph (h) of this Section is not
feasible, each individual antenna associated with a wireless facility shall not
exceed three cubic feet in volume. The cumulative volume for all unshrouded
antennas at a wireless facility shall not exceed (1) three cubic feet in residential
districts or (2) six cubic feet in nonresidential districts.
j. Overall Height. No antenna may extend more than five and one‐half feet above
the support structure, plus any minimum separation between the antenna and
other pole attachments required by applicable health and safety regulations.
k. Horizontal Projection. Horizontal projections are prohibited except where other
designs are not feasible. Side‐mounted antennas, where permitted, shall not
project (1) more than 24 inches from the support structure unless a greater distance
is required to comply with legal requirements imposed by the CPUC; (2) over any
roadway used for vehicular travel; or (3) over any abutting private property
without written authorization of the property owner.
l. Accessory Equipment Volume. The cumulative volume for all accessory
equipment at a single wireless facility shall not exceed (1) nine cubic feet in
residential districts or (2) 12 cubic feet in nonresidential districts. The volume
limits in this subsection do not apply to any undergrounded accessory equipment.
m. Undergrounded Accessory Equipment.
1. Where Required. Accessory equipment (other than any electric meter or
emergency disconnect switch when required by the electrical provider)
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shall be placed underground when proposed in any (i) underground
district or (ii) any location where the Director finds based on substantial
evidence that additional above ground accessory equipment would
incommode the public’s use of the public right‐of‐way. The Director may
waive the requirement to underground accessory equipment if the total
volume of accessory equipment is less than 9 cubic feet and the location and
design of wireless facility otherwise complies with the requirements of
Sections 7 and 8.
2. Vaults. All undergrounded accessory equipment must be installed in an
environmentally controlled vault that is load‐rated to meet applicable
standards and specifications. Underground vaults located beneath a
sidewalk must be constructed with a slip‐resistant cover. Vents for airflow
shall be flush‐to‐grade when placed within the sidewalk. All vault lids shall
be constructed from materials rated for heavy traffic and acceptable to the
Director. Only non‐toxic sealants may be used.
n. Pole‐Mounted Accessory Equipment.
1. Preferred Concealment Techniques. Applicants shall place pole‐mounted
accessory equipment in the least conspicuous position on the proposed pole
and at the proposed location. All above ground wires and cables shall be
installed within the interior of the pole or radome unless it is not feasible to
do so. If pole‐mounted accessory equipment must be installed on the
exterior of the pole, the equipment shall be concealed behind street, traffic,
or other existing signs to the extent that such installation complies with
applicable public health and safety regulations.
2. Orientation. Unless placed behind a street sign or some other concealment
that dictates the equipment orientation on the pole, pole‐mounted
accessory equipment should be oriented away from prominent views and
shall not substantially obstruct a view from the primary living area of a
residence (e.g., oriented toward the street).
3. Horizontal Projection. Pole‐mounted accessory equipment shall not project
(i) more than 24 inches from the pole surface unless a greater distance is
required to comply with legal requirements imposed by the CPUC; (ii) over
any roadway used for vehicular travel; or (iii) over any abutting private
property without the written consent of the property owner and property
owner’s provision of written waiver that releases, waives and holds
harmless City from any injury to property or persons associated with such
encroachment into or onto private property. All pole‐mounted accessory
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Attachment D
equipment shall be mounted flush to the pole surface. If applicable state or
federal laws or regulations preclude flush‐mounted equipment, the
separation gap between the pole and the accessory equipment shall be no
greater than required to comply with such laws or regulations and shall be
concealed to the Director’s satisfaction.
4. Minimum Vertical Clearance. The lowest point on any pole‐mounted
accessory equipment shall be at least eight feet above ground level adjacent
to the pole unless applicable state or federal law or regulations impose a
different requirement. If applicable laws or regulations require any pole‐
mounted accessory equipment component to be placed less than eight feet
above ground level, the clearance from ground level shall be no less than
required to comply with such laws or regulations.
o. Ground‐Mounted or Base‐Mounted Accessory Equipment
1. Placement of Ground‐Mounted Equipment. Ground‐mounted equipment is
prohibited unless approved by the Director. Any approved ground‐
mounted equipment cabinets shall be placed six inches behind the
sidewalk, at least two feet from the curb, and two feet from driveway and
curb edges. Pedestals must be at least three feet from fire hydrants.
Installations must leave a minimum horizontal clear space for the path of
travel of at least six feet, unless otherwise approved by the Director. The
Director may require more clear space for travel in heavily used commercial
areas to provide sufficient room for pedestrian traffic. On arterial streets
outside underground districts, proposed ground‐mounted accessory
equipment should be completely shrouded or placed in a cabinet
substantially similar in appearance to existing ground‐mounted accessory
equipment cabinets. On non‐arterial streets, the preferred means of
concealment of ground‐mounted facilities are as follows:
(i) Within a landscaped parkway, median or similar location, behind or
among new or existing landscape features and painted or wrapped
in flat, natural colors to blend with landscape features.
(ii) If landscaping concealment is not feasible, disguised as other street
furniture adjacent to the support structure, such as, for example,
mailboxes, benches, trash cans, or information kiosks.
2. Dimensions of Ground‐Mounted Equipment; Public Safety Requirements. No
ground‐mounted accessory equipment cabinets will be permittedmay
exceed three feet in height, four feet in width, and two feet in depth, unless
otherwise approved by the Director. No unit higher than three feet shall be
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Attachment D
placed in any location that would interfere with vehicular sight lines at
street corners, driveways, and other points of ingress or egress or where
they obstruct the view of any traffic devices or signs.
2. Ground‐Mounted Equipment. No ground‐mounted accessory equipment
cabinets will be permitted.
3. Fire Protection. The exterior walls and roof covering of all ground‐mounted
accessory equipment cabinets and equipment shelters shall be constructed
of materials rated as nonflammable under the Uniform Building Code.
Openings in all above ground equipment shelters and cabinets shall be
protected against penetration by fire and windblown embers to the extent
feasible.
p. Strand‐Mounted Wireless Facilities. Strand‐mounted wireless facilities are
prohibited unless approved by the Director. Where permitted, no more than one
strand‐mounted wireless facility may be installed (1) on any single span between
two poles or (2) directly adjacent to any single pole. The Director shall not approve
any ground‐mounted equipment in connection with a strand‐mounted wireless
facility unless the ground‐mounted equipment consists of a remote power source
used to power multiple strand‐mounted wireless facilities. Strand‐mounted
wireless facilities shall not exceed one cubic foot in total volume. All equipment
and other improvements associated with a strand‐mounted wireless facility must
comply with all applicable health and safety regulations. Any accessory
equipment mounted on the pole shall be finished to match the underlying pole.
“Snowshoes” and other spooled fiber or cables are prohibited, unless approved by
the Director.
q. Utilities Serving Wireless Facilities.
1. Overhead Lines. The Director shall not approve any new overhead utility
lines in underground districts. In areas with existing overhead lines, new
communication lines shall be “overlashed” with existing communication
lines to the maximum extent feasible. No new overhead utility lines shall be
permitted to traverse any roadway used for vehicular transit. Existing
overhead lines that serve a City streetlight pole proposed to support a
wireless facility shall be placed underground with the installation of the
facility.
2. Vertical Cable Risers. All cables, wires, and other connectors must be routed
through conduits within the pole or other support structure, and all conduit
attachments, cables, wires, and other connectors must be concealed from
public view. To the extent that cables, wires, or other connectors cannot be
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Attachment D
routed through the pole, the applicant shall route them through a single
external conduit or shroud that has been finished to match the underlying
pole.
3. Spools and Coils. Excess fiber or cable shall not be spooled, coiled, or
otherwise stored on the pole outside equipment cabinets, vaults, or
shrouds. Fiber or cable placement on existing poles shall have a minimum
safety slack for sway and wind. Looped fiber storage for future use is
prohibited.
4. Electric Meters. Wireless facilities shall use flat‐rate electric service or other
method that obviates the need for a separate above‐grade electric meter. If
flat‐rate service is not available, applicants may install a shrouded smart
meter. If a ground‐mounted equipment cabinet is authorized by the
Director, an electric meter may be integrated with and recessed into the
cabinet. Separate ground‐mounted electric meter pedestals are prohibited
unless approved at the reasonable discretion of the Directorthey are
required by the electric service provider.
r. Existing Conduit or Circuits. The Director may condition the issuance of a
wireless ROW permit to require the use of existing vaults, utility holes, conduits,
ducts, manholes, electric circuits, and/or other similar facilities whenever
available. Access to any conduit and/or circuits owned by the City shall be subject
to the Director’s prior written approval, which the Director may withhold or
condition as the Director deems necessary or appropriate to protect the City’s
infrastructure, to prevent interference with the City’s municipal functions, and to
protect public health and safety.
s. Alternative Design Standards. An applicant may propose alternative design
standards, which may be considered by the Director on a case‐by‐case basis. The
Director may approve an alternative design standard only if (1) the applicant
demonstrates that strict application of the design standards in this Section 8 would
conflict with applicable state or federal law or regulations, or (2) the Director
determines based on clear and convincing evidence that a variance from the design
standards set forth in this Section 8 is necessary to protect public health, safety, or
welfare, based on specific characteristics of the proposed facility. Any variance
from the design standards set forth in this Section 8 shall be allowed only to the
extent necessary to comply with state or federal law or regulations or to protect
public health, safety, or welfare.
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RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING REGULATIONS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF SMALL WIRELESS FACILITIES IN THE PUBLIC
RIGHT OF WAY (MUNCIPAL CODE CHAPTER 14.30)
WHEREAS, the rapid expansion of small wireless facilities in the City’s
public rights of way has created a need to establish ordinances and regulations to
ensure the orderly build of this infrastructure and to ensure the unique aesthetic
characteristics of the City are not disrupted or negatively affected; and
WHEREAS, the City Council of the City of Cupertino has discussed small
wireless facilities at numerous City Council meetings, including the meetings held
on May 16, 2017, May 15, 2018, July 16, 2019, May 5, 2020, September 15, 2020,
April 20, 2021, and December 16, 2022; and
WHEREAS, the City Council included the further evaluation of an
ordinance to regulate small wireless communication facilities in its City Work
Program for fiscal years 2022-23, 2024-25, and the current City Work Program for
2025-26, and
WHEREAS, the City Council provided direction on a draft ordinance
presented at the December 16, 2022 meeting; and
WHEREAS, the ordinance relies on regulations to implement the City’s
policies and procedures on the build out of small wireless facility networks;
WHEREAS, the regulations presented to City Council on September 16,
2025, establish the policies and procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
accept the Regulations for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right Of Way.
BE IT FURTHER RESOLVED that this Resolution 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
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Resolution No. __________________
Page 2
contained in CEQA Guidelines section 15303(d) because new construction or
conversion of small structures for utility extensions are categorically exempt.
CEQA applies only to actions which have the potential for causing a significant
effect on the environment. In this circumstance, t he proposed action of adopting
Cupertino Municipal Code Section 14.30, which regulates the installation of small
wireless communication facilities in the public right of way, would have no or only
a de minimis effect on the environment. The foregoing determination is made by
the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
164
CITY OF CUPERTINO
Agenda Item
25-14333 Agenda Date: 10/7/2025
Agenda #: 14.
Subject:Memorandum of Understanding (MOU)between the City of Cupertino and other local
public agencies in Santa Clara County to fund the Composting Education Program in the amount of
$9,186.90 (January 2026 -June 30,2027,with an option for a two-year extension)(Continued from
September 16, 2025)
Authorize the City Manager to execute an MOU between the City of Cupertino and other local public
agencies in Santa Clara County to fund the Composting Education Program and allocate $9,186.90
from Resource Recovery Fund 520 for Cupertino’s share of program costs for the term January 2026 -
June 30, 2027, with no impact to the General Fund
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™165
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: October 7, 2025
Subject
Memorandum of Understanding (MOU) between the City of Cupertino and other local public
agencies in Santa Clara County to fund the Composting Education Program in the amount of
$9,186.90 (January 2026 – June 30, 2027, with an option for a two-year extension).
Recommended Action
Authorize the City Manager to execute an MOU between the City of Cupertino and other local
public agencies in Santa Clara County to fund the Composting Education Program and allocate
$9,186.90 from Resource Recovery Fund 520 for Cupertino’s share of program costs for the term
January 2026 – June 30, 2027, with no impact to the General Fund.
Executive Summary
The Composting Education Program (CEP) has been operating in Santa Clara County in
collaboration with the University of California Cooperative Extension (UCCE) staff since 2014
and was supported by the County Solid Waste Planning Fee (SWPF). Due to declining SWPF
revenue, interested jurisdictions propose to continue the program and fund the activity through
an MOU. The term of the MOU is January 2026 – June 30, 2027, with an option to extend for two
years with execution of a written amendment by all participating parties. Cupertino’s
contribution will be a total of $9,186.90 for the initial term. This MOU will allow continued
access to workshops, technical support, community engagement, and master composter
training. The activities will be funded by the City through Resource Recovery Fund 520, with no
impact to the General Fund. This program supports the requirements of SB1383 (California’s
Short-Lived Climate Pollutant Reduction Strategy), Climate Action Plan 2.0 action W-2 to
reduce overall waste, and action 11 of the City’s Zero Waste Policy to “continue to provide
incentives and public training to support proper and effective backyard composting.”
Background
The CEP supports waste reduction goals of both Cupertino and the County by engaging the
community in sustainable waste management practices. Residents attend in-person classes
where they are educated about home composting and are encouraged to turn food and yard
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waste into a nutrient-rich soil amendment that benefits their gardens and landscapes. In 2024,
the CEP conducted 37 compost workshops, 21 events, and worked at 24 schools across Santa
Clara County, including two events hosted in Cupertino. Fifty-two Cupertino residents
attended workshops in 2024, up from 41 in 2023. The CEP also presented to a McClellan Ranch
summer camp, regularly staffs a table at the Cupertino Earth & Arbor Day festival, and presents
to students in Cupertino Union School District, most recently at Eaton Elementary School in
early 2025.
The Composting Education Program has historically been funded by the Solid Waste Planning
Fee (SWPF) which is assessed on each ton of waste disposed of in a landfill in Santa Clara
County. In 2016, California Senate Bill 1383 (SB 1383) was adopted, setting goals to reduce the
disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions. The
successful implementation of SB 1383 organics diversion programs has significantly reduced
landfill disposal tonnage countywide, causing SWPF revenue to decrease. At the same time, the
costs of the programs have been increasing.
With reduced SWPF revenues and rising costs, the Technical Advisory Committee (TAC) to the
Santa Clara County Recycling and Waste Reduction Commission (RWRC) needed to find
alternative funding avenues to continue providing access to this program. The SWPF revenues
alone will not be sufficient to support the future of the CEP.
The cities of Cupertino, Gilroy, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara,
and the County of Santa Clara expressed interest in continuing to provide composting
education services to residents by jointly funding the cost of the CEP through a Memorandum
of Understanding (MOU). The CEP MOU was reviewed and accepted by the RWRC on August
27, 2025.
Reasons for Recommendation and Available Options
The MOU will ensure the ongoing operation of the CEP for participating jurisdictions that
provide their respective share of costs to fund the program. The MOU’s funding will support
0.5 FTE for a program coordinator. The program coordinator will collaborate with UCCE staff
to develop curriculum and training materials for master composter volunteers who deliver the
training to the public.
The term of the MOU is January 2026 – June 30, 2027, with an option to extend for two years
with execution of a written amendment by all participating parties. The MOU will be
administered by Countywide Solid Waste Services, which currently provides contract and
administrative services for the TAC to the Santa Clara County RWRC.
Below is a summary of services that will be provided under the scope of the MOU.
•Educational Outreach and Workshops
o Workshop delivery – at least 25 workshops across the County, including 3-6
workshops specifically in the Central area of the county.
o Community engagement – participation in 15 community events across the
County, including some in Cupertino, such as Earth and Arbor Day Festival.
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o School composting education and support – support at least ten K-12 schools,
1500 students, and installation of compost systems in up to five K-12 schools
(countywide).
•Technical Support and Services
o Direct assistance – referrals, online requests.
o Resource distribution – inform participants about access to free compost bins for
Cupertino residents who complete trainings.
•Program Development and Expansion
o Regulatory compliance outreach – develop and expand outreach on SB1383
requirements, organic waste recycling, food waste reduction, and curbside
collection.
o Demonstration site operation and enhancement
o Master composter volunteer training
Cost Sharing
The CEP costs are based on population. The total amount for the term of the MOU is
$233,785.54 ($116,892.77 in FY 2025/26 and $116,892.77 in FY 2026/27). The City of Cupertino’s
portion of the MOU is a total of $9,187 for the initial term of the MOU. Contributions are
roughly based on the percentage of county population in each jurisdiction applied to an original
program cost that assumed participation from all jurisdictions. The City of Cupertino share is
3.93% of the program after adjustments to remove non-participating jurisdictions.
Based on the findings outlined above, staff recommends that City Council authorize the City
Manager to execute the MOU to fund the CEP, which provides workshops and education about
home composting provided by the UCCE that directly supports the City's waste reduction goals
by engaging the community in sustainable waste management practices.
Sustainability Impact
Composting education supports:
•The City’s Climate Action Plan 2.0 action W-2 to reduce overall waste disposed to
garbage, recycling, and compost.
•Compliance with SB1383, California’s Short-Lived Climate Pollutant Reduction Strategy
by providing resources and training to keep food scraps and other organics out of the
landfill.
•Action 11 of the City’s Zero Waste Policy to “continue to provide incentives and public
training to support proper and effective backyard composting.”
Fiscal Impact
The City of Cupertino’s portion of the MOU is a total of $9,187 for the initial term of the MOU.
These funds will come from Resource Recovery Fund 520 using G/L 520-81-801 700-702 with no
impact to the General Fund. If approved, staff will bring a budget adjustment in Q1 or as
needed.
City Work Program (CWP) Item/Description
None
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Council Goal:
Composting education supports the City Council goal of Environmental Sustainability.
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager
Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – FY 25-27
Draft MOU
169
MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES
IN SANTA CLARA COUNTY
FOR THE COMPOSTING EDUCATION PROGRAM
This Memorandum of Understanding (“MOU”) is entered into by and between the cities of Cupertino, a
municipal corporation of the state of California; Gilroy, a municipal corporation of the state of
California; Morgan Hill, a municipal corporation of the state of California; Mountain View, a municipal
corporation of the state of California; Palo Alto, a municipal corporation of the state of California; San
José, a municipal corporation of the state of California; Santa Clara, a municipal corporation of the state
of California; and the County of Santa Clara, a political subdivision of the State of California;
collectively “Parties” or individually as a "Party."
RECITALS
A. The signatory Parties are also “PARTIES” to the Memorandum of Agreement (“MOA”) entered
into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical
Advisory Committee (“TAC”), which is a separate Committee created to assist the County of
Santa Clara Recycling and Waste Reduction Commission (“RWRC” or “Commission”) that
advances the interests of Party Jurisdictions by performing technical and policy review to inform
parties and advise the Commission on solid waste management issues, and bring together varied
expertise and viewpoints for planning and implementing the Commission approved annual
workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated
herein by reference as (“Exhibit A”).
B. The participating Parties have previously agreed to jointly administer and fund the cost of the
Composting Education Program (the “Program”).
C. The RWRC is scheduled to review and accept this MOU and associated financial contributions
to incorporate into the Commission budget as Countywide Funds at the August 27, 2025,
meeting.
D. The Parties desire to execute this MOU is to ensure ongoing operation of the Program for
participating jurisdictions and to provide each Party’s respective share of costs to fund the Program.
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NOW, THEREFORE, the Parties agree as follows:
SECTION 1. PURPOSE OF THE MOU
The purpose of this MOU is to establish a system of:
1) Management and operation of the Program from January 1, 2026, to June 30, 2027. The Program
will also cover the costs from July 1, 2025, to December 31, 2025, and will be reimbursed
retroactively from July 1, 2025, upon execution of the MOU.
2) Payment by the Parties for their share of the costs for implementation of the Program as referenced
in (“Exhibit B”).
SECTION 2. TERM AND EFFECTIVE DATE
The agreement will become effective upon execution by all parties or by January 1, 2026, whichever
comes first.
SECTION 3. EXTENSION
The MOU may be extended in two-year increments, initially from July 1, 2027, to June 30, 2029, and
thereafter upon approval by the Parties.
SECTION 4. DEFINITIONS
The original 2013 Memorandum of Agreement entered into between the Parties (and as may be
amended from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent
(currently the City of Morgan Hill in its capacity as Countywide Solid Waste Services), and Fiscal
Agent (currently Santa Clara County), and those definitions from the MOA shall apply to this MOU. For
ease of reference, those definitions are summarized below.
4.1 The TAC Administrator provides administration and management services to the TAC and carries
out the annual workplan.
4.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and
the Fiscal Agent that have been requested and approved by the Implementation Committee.
4.3 The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting
the Solid Waste Planning Fee from all solid waste disposal facilities and non-disposal facilities
located within Santa Clara County.
SECTION 5. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING
AGENT
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5.1 The TAC Administrator will provide administration and management of the Program. These duties
include overseeing the work of the Program, development of the budget, and inclusion of the Program
in the annual work plan and budget. The costs to perform these duties will be included in the annual
workplan and budget designated as Countywide Funds for the Program as defined in the MOA.
5.2 Contracts executed by the Contracting Agent for the Program, TAC Administrator and Fiscal Agent will
be based on the approved budget for the Program. The Contracting Agent will provide an invoicing
system to pay the Program, TAC Administrator, and Fiscal Agent. The Contracting Agent shall provide
the TAC Administrator with the proposed costs to perform these duties. The signatory Parties to this
MOU (except when acting in their authorized capacities as Contracting Agent, TAC Administrator, and
Fiscal Agent) are not direct parties to the third-party contracts entered into by those agents.
SECTION 6. RESPONSIBILITIES OF THE FISCAL AGENT
The Fiscal Agent will collect and receive funds from the Parties for implementation of the Program. Funds
will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded
accounts that are readily identifiable as those containing Program or Countywide Solid Waste Program
Funds. The Fiscal Agent shall not expend, use, or transfer any Program funds except in accordance with the
annual work plan and budget.
The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties as
part of the annual work plan budget development process.
SECTION 7. RESPONSIBILITIES OF THE PROGRAM
The Program will implement the scope of work specified in Exhibit D to this MOU (“Exhibit D”).
SECTION 8. RESPONSIBILITIES OF THE PARTIES
The Parties will share costs of implementing the Program as described in Exhibit B and undertake the
duties assumed by the Parties as described in this MOU (“Exhibit C”).
SECTION 9. PAYMENTS UNDER THIS MOU
9.1 The Parties agree to share costs of the Program based on population size as defined in the cost share
matrix contained in Exhibit B.
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9.2 The Parties agree to pay forth costs identified in the budget and approved through the Implementation
Committee of the RWRC. For Fiscal Year 2025-2026, the Fiscal Agent shall invoice the Parties for the
amounts specified in Exhibit B by no later than November 30, 2025, and the Parties shall submit
payment for those invoices by January 1, 2026. For Fiscal Year 2026-2027, and each year thereafter
(upon execution of an extension of this MOU) the Fiscal Agent shall invoice the Parties by May 30th of
each year, and the Parties shall submit payment for those invoices by no later than June 30th of each
year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within thirty
(30) calendar days of receipt.
9.3 The Fiscal Agent will ensure that the Program account is segregated from the Solid Waste Program
Fee Fund account managed pursuant to the MOA.
SECTION 10. BOOKS AND ACCOUNT
The Fiscal Agent will keep complete and accurate financial records, including funding contribution
amounts from each Party, date of invoice request, and payment submittals, and shall report this
information in Quarterly Reports submitted to the IC and the RWRC as required in the MOA. Upon
reasonable notice to the Fiscal Agent, any Party to this MOU may inspect the financial records related
to this MOU.
SECTION 11. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, documents, instruments and
resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the
Parties’performance of their obligations under this MOU.
SECTION 12. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:
12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of
California to enter into this MOU and to carry out all of its obligations herein.
12.2 Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and
bind their respective agency.
12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by
each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable
according to its terms.
SECTION 13. REMEDIES NOT EXCLUSIVE
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No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each
such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or
hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised
without exhausting and without regard to any other remedy.
SECTION 14. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the
Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by
a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section
895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board
members, employees , and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions
or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection
with or arising out of any work, authority, or Jurisdiction delegated to such Party under this MOU (including
but not limited to work engaged in or contracts entered into by a Party acting in their capacity as Contracting
Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No Party, nor any officer, board member, or
agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents,
under or in connection with or arising out of any work authority or Jurisdiction delegated to such other Party
under this MOU, as indicated in this Section. The obligations set forth in this paragraph will survive the
termination and expiration of this MOU.
SECTION 15. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other
part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions of this MOU will be valid and binding on the Parties.
SECTION 16. AMENDMENTS
This MOU may only be amended by a written instrument signed by each of the Parties.
SECTION 17. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
SECTION 18. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an
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electronically signed contract, has the same force and legal effect as a contract executed with an original
ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence
Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying
an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit
electronic signatures only their copy of the MOU must be signed in the conventional manner.
SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.
This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to
those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto
conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this
MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This MOU may be modified only by a written amendment duly executed
by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace
the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions
between this MOU and the original MOA, the provisions in this MOU shall prevail.
SECTION 20. WITHDRAWAL FROM MOU
No individual Party may withdraw from this limited term Agreement on or before June 30, 2026. Any Party
wishing to withdraw on or after June 30, 2026, must provide a sixty (60) day notice to the Contracting
Agent. Withdrawal by a Party does not affect the cost contributions of the remaining Parties.
SECTION 21. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership,
agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal
representative of the other Party for any purpose, and neither Party is granted any express or implied right
or authority to assume or create any obligation or responsibility on behalf of or in the name of any other
Party.
SECTION 22. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the
laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of
Santa Clara.
175
MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY
FOR THE COMPOSTING EDUCATION PROGRAM
IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below:
City of Cupertino – City Manager Approval as to form, Senior Assistant
City Attorney
Date:_____________________________ Date:_____________________________
City of Gilroy- Public Works Director Approval as to form, Gilroy City
Attorney
Date: Date:
City of Morgan Hill, as a Party and as
Contracting Agent and TAC
Administrator
Approval as to form, Morgan Hill City
Attorney
Date: Date:
176
City of Mountain View- Public Works
Director
City of Mountain View – Finance and
Administrative Services Director
Date: Date:
City of Mountain View- City Manager Approval as to form, Mountain View
Senior Assistant City Attorney
Date: Date:
City of Palo Alto – City Manager Approval as to form, Palo Alto Assistant
City Attorney
Date:
Date:
City of Santa Clara - City Manager Approval as to form, Santa Clara City
Attorney
Date:____________________________ Date:_____________________________
177
County of Santa Clara, as a Party and as
Fiscal Agent - Chief Operating Officer
Approval as to form and legality, Santa
Clara County Deputy County Counsel
Date:_____________________________ Date:_____________________________
City of San José, Director of the City
Manager's Office of Administration,
Policy and Intergovernmental Relations
Approval as to form, San José
Senior Deputy City Attorney
Date:___________________________ Date:_____________________________
178
I·-,
AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made·and entered into this 4 ±::~ day of JU V\ e.
2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of
California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF
CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal
corporation .of the State of California, CITY OF LOS ALTOS, a municipal corporation of the
State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of
California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a
municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal
corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of
the State of California; CITY OF PALO AL TO, a municipal corporation of the State of
California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF
SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF
SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a
municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or
individually as "PARTY."
RECITALS:
A. In 1989, the California Legislature passed and enacted the California Integrated Waste
Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq)
requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste
·from disposal by 2000. AB 939 required each County to develop and periodically update
. a County Integrated Wast~ Management Plan and to appoint an AB 939 Local Task
Force. ·
B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental
Council advised the cities and the County on solid waste and recycling issues. The
Technical Advisory Committee, also originally convened by the Intergovernmental
Council, provided technical advice to the Solid Waste Committee on solid waste and
recycling issues.
C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities
in Santa Clara County designated the Solid Waste Committee of the Intergovernmental
Council as the AB 939 Task Force for Santa Clara County.
D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the
Solid Waste Committee of the Intergovernmental Council with the Solid Waste
Commission of Santa Clara County ("Commission") in order to streamline the
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TAC MEMORANDUM OF AGREEMENT
decision-making process on solid waste and recycling issues. (Ordinance No. NS-
300.495) The powers and duties of the Commission are defined in Chapter XVII,
Division A6 of the County of Santa Clara Ordinance Code.
E. On December 4, 2001, the Santa Clara County Board of Supervisors approved
Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and
Waste Reduction Commission of Santa Clara County.
F. The Commission advises city councils and the Board of Supervisors in Santa Clara
County on countywide solid waste and recycling planning issues and on the County Solid
Waste Management Plan/County Integrated Waste Management Plan.
G. The By-Laws of the Commission (also approved by the County Board of Supervisors on
February 4, 1992) continued the existence of the Recycling and Waste Reduction
Technical Advisory Committee (the ''TAC"). The purpose of the TAC was to provide
technical advice to the Commission on solid waste management and policy; to bring
together a wide spectrum of viewpoints and expertise on countywide solid waste and
recycling issues affecting individual jurisdictions; and to assist in development of policies,
programs and revisions and amendments to countywide plans. '
H. On an annual basis, the TAC prepares and submits an Ann.ual Workplan and Budget for
review and approval by the Commission. The Commission-approved Annual Workplan is
then implemented by the TAC using funds in the Commission-approved Annual Budget.
I. In accordance with the AB 939,provisions for financing solid waste diversion and planning
activities, the County of Santa Clara levies and c~llects the Countywide Solid Waste
Planning Fee C'SWPF") on each ton of solid waste disposed at landfills located within the
County, on tons taken to non-disposal facilities located within the county .and
subsequently transported for disposal to landfills outside Santa Clara County, and on
tons transported directly to disposal facilities located outside Santa Clara County. The
current SWPF of $0. 78 per ton was established by the County Board of Supervisors on
May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the
Commission and the TAC. In addition, funds from grants, voluntary contributions from
other agencies and other revenue sources are used to fund these activities and
programs. Such funds, including monies from the SWPF, are referred to herein as
"Countywide Funds".
J. In 2011, Assembly Bill 341 ("AB 341 ") was signed into law establishing a statewide goal
of diverting 75% of solid waste from disposal by 2020 and requiring The California
Department of Resources, Recycling and Recovery to prepare and submit a plan to the
Legislature on or before January 1, 2014 on how to achieve this goal.
K. Since the TAC was o~iginally established, the field of solid waste management and
recycling has become much more complex and the PARTIES must comply with an
increasing number of laws and regulations. In order to achieve the statewide goal of 75%
diversion, many materials currently disposed in landfills must be segregated and
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TAC MEMORANDUM OF AGREEMENT
processed at new facilities, and channeled into useful purposes. New infrastructure,
diversion systems and enhanced producer responsibility measures must be implemented
in order to accomplish this goal.
L. Commensurate wit_h changes in the breadth and complexity of the solid waste and
recycling field, the work and functions of the TAC have evolved over time to encompass
not only providing advice to the Commission, but also recommending, implementing and
monitoring countywide public education and diversion programs included in the
Commission-approved Annual Workplan and Budget where it is cost effective for the
PARTIES to jointly provide such programs.
M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for
programs in the Commission-approved Annual Workplan as well as the power and
authority to recommend, monitor and audit the funding for these programs, at the levels
contained in the Commission-approved Annual Budget.
. N. In order to address these issues, the Commission appointed the Ad Hoc Committee for
TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study
Subcommittee. Pursuant to recommendations from these Committees, the County
retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The
study evaluated the countywide integrated waste management programs and services
and provided operational and organizational recommendations to enhance the efficiency
and effectiveness of the countywide solid waste management system. The
Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives
of the TAC and the public to discuss the recommendations of the Organizational Study
and options for restructuring the operating parameters of the TAC.
0. The purpose of this Agreement is to implement the recommendations of the
Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the
functions, powers, membership, structure and duties of the TAC to make these consistent
with the manner in which the TAC currently functions; and to simplify the reporting
relationship between the Commission and the TAC. Such changes are desired by the
PARTIES in order to facilitate countywide and regional approaches for meeting the
statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the
existing requirements of AB 939, SB 1016 and all other state and federal laws and
regulations, and planning for the goal of zero waste in the future.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
("TAC") is hereby established to replace the Recycling and Waste Reduction Technical
Advisory Committee referred to in Article V of the Commission Bylaws dated October
2001.
A. Purposes. The purposes of the TAC are:
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TAC MEMORANDUM OF AGREEMENT
5/6/13
1. To implement the Commission-approved Annual Workplan and Budget;
2. To advise the Commission and the decision-making bodies of all· PARTIES on
technical and policy issues related to solid waste management and recycling including
plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for
working toward the goal of zero waste;
3. To bring together a wide spectrum of viewpoints and expertise to focus on
countywide solid waste management, issues affecting individual communities, and solid
waste and recycling issues affecting public environmental health;
4. To assist in development of policies, programs and revisions and amendments
to countywide plans that can meet countywide needs and, thus, receive countywide
approval;
5. To provide a forum for exchange of solid waste, recycling, composting and
other diversion information;
6. To inform the PARTIES' respective agencies and jurisdictions about issues
and recommendations of the Commission, and perform follow-up actions, as necessary;
7. To recommend Commission approval of countywide programs to maximize the
effectiveness of local funds spent for public education and recycling programs, and to
implement and monitor such programs.
8. To assist with future master planning for facilities and infrastructure, as
requested by the Commission.
9. To perform technical and policy review and make technical and policy
recommendations to the Commission and technical recommendations to the PARTIES
concerning best practices in solid and hazardous waste management; recycling,
composting, diversion programs, source reduction; litter reduction on land; reduction of
litter that originates from the storage, collection, transportation, and processing of solid
waste, recyclable materials and organic materials that affects water quality in local
creeks, San Francisco Bay, and oceans; and 'cradle-to-cradle' extended producer
responsibility for products and packaging from creation through use and ultimate
recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management;
c. Proposed and/or needed national and state legislation and policies;
d. New infrastructure required to achieve countywide goals, and;
e. Financing and management options for creation of such infrastructure.
10. To perform other duties as directed by the Commission .
. B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is
charged to customers by the operators of all disposal and non-disposal facilities located
within the County of Santa Clara, and remitted, by those facility operators, to the County
of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly
to out-of-county disposal facilities. The amount of the SWPF is established by the Board
of Supervisors based upon·input and recommendations from the Commission and the
TAC Implementation Committee. Additional revenues come from grants, voluntary
contributions of other agencies and other sources. These, together with the SWPF funds
constitute the Countywide Funds used to fund the Commission-approved Annual
Workplan and Budget.
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TAC MEMORANDUM OF AGREEMENT
II. COMPOSITION
5/6/13
A. Voting members, not to exceed 27 in number, shall include:
1. One (1) staff person from each City or Town that is a PARTY
2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health
c. One (1) to represent County interests related to integrated waste
management
3. One (1) staff person from the Santa Clara Valley Water District
4. Up to eight (8) persons from non-governmental organizations appointed by the
Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or
business organizations (however, no member shall represent a single for-profit
company)
b. No more than four (4) representatives of non-profit groups that advocate for
source reduction, recycling programs, sustainability, and/or producer
responsibility
c. No more than two (2) representatives of institutions of higher learning
located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be re
designated annually via a letter on agency letterhead addressed to the TAC Administrator
("Administrator"). The Commission will accept requests and nominations for non
governmental organizations to serve on the TAC. The Administrator will publish a notice
in a daily local newspaper of general circulation to a minimum of two-hundred fifty
thousand (250,000) people in September of every other year announcing that
nominations and requests to serve are being accepted. The Administrator will take other
reasonable and cost-effective measures to distribute the announcement via other media,
including, but not limited to, websites, local publications and social media, to reach
persons who might not see the notice in a daily newspaper. The Commission will select
the non-governmental organizations to be represented on the TAC. Those organizations
will, in turn, submit a letter to the Administrator designating a member and an alternate.
Members representing non-governmental organizations shall serve for a period oftwo (2)
years beginning in January. At the end of that time, the Commission shall select the non
governmental organizations to be represented on the TAC for the new two (2) year term.
The initial group of non-governmental organization representatives will be selected by the
Con·1mission on or before December 31, 2013 and will begin serving their terms on
January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute
the notice via other suitable media, in September 2013 announcing that the Commission
will consider nominations and applications for non-governmental organizations to be
represented on the TAC.
C. Alternates. Each PARTY may designate one or more alternate representative(s)
to serve in the absence of the regular member. The alternate(s) will be designated in
writing as described in Section II B. Alternates may serve on TAC committees,
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TAC MEMORANDUM OF AGREEMENT
subcommittees, and ad hoc subcommittees.
D. Vacancies. Each PARTY is responsible for designatir,g a replacement for its
member ifthe member can no longer serve. In the ·event of a vacancy, the Chair shall,
by letter, request that the PARTY designate a new member. lfa vacancy occurs with
regard to a representative of a non-governmental organization, the Administrator shall
notify the non-governmental organization to designate a new member. In the event the
non-governmental organization declines, the TAC shall notify the Commission and
request that a new non-governmental organization be selected to fill the remainder of the
term created by the vacancy.
E. Attendance. Attendance at meetings is vital to the proper and effective
functioning of the TAC. Three (3) consecutive absences or a member missing over ·fifty
percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the
Administrator to notify the member and request their attendance. Should a PARTY be
unable to send its representative to meetings for an extended period of time, the PARTY
shall notify the Chair in writing on letterhead and a replacement representative will not be
requested from that PARTY.
Ill. QUORUM AND VOTING
5/6/13
A. Quorum. A quorum consists of thirteen (13) voting members physically present
at a meeting.
B. Voting. Actions of the TAC shall be taken by a majority vo_te of the members
present at the meeting. Each member has one vote. (See Section VI B for voting and
quorum requirements for the Implementation Committee that differ from those for the full
TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule
conflict, a member may participate in a meeting from a remote location via telephone or
video-conference provided that all requirements of the Brown Act (Government Code
Section 54950, et seq.) are met and further provided that the scheduled meeting room
has the technical capability to accommodate the request. In such event, the member will
notify the Administrator at least ten (10) days in advance of the meeting and ask to attend
from a remote location. The Administrator will advise the member if this is possible. If so,
the Administrator will comply with all Brown Act requirements including stating the
alternate location in the meeting notice. The member shall also comply with all Brown Act
requirements in Government Code Section 54953 (b), including, but not limited to,
posting a meeting notice and agenda on the door of the remote location for the duration
of the meeting, and allowing members of the public to participate in the meeting from the
remote location along with the member. The member's vote will be counted; however,
the member will not be included in the count to determine a quorum. Attendance from a
remote location is to be used only in rare cases of unavoidable schedule conflicts. h
person attendance and participation at meetings is strongly preferred and encouraged.
D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its
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TAC MEMORANDUM OF AGREEMENT
governance to the Commission for approval, and operate according to Bylaws approved
by the Commission. In the event revisions to Commission-approved Bylaws are desired,
the TAC may recommend such revisions to the Commission.
IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the
Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or
.alternates representing a PARTY.
B. Election and Term. Each officer shall be elected by majority vote of a quorum of
the voting membership at the last meeting of each calendar year or as soon thereafter as
possible. All officers' terms begin with the first meeting of each calendar year.
C. Dutie$. The Chair of the TAC shall be responsible for chairing all meetings of the
TAC and the Implementation Committee {IC), and representing the TAC and the IC at
Commission meetings. The Chair shall approve the draft agendas for TAC and IC
meetings, except that any agenda item proposed by two (2) or more voting members
must be placed on the next available agenda. The Vice Chair shall serve as the Chair in
the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling
meetings of their respective Subcommittees and chairing those meetings. The
Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees
except that any items proposed by two {2) or more voting members of a Subcommittee
shall be placed on the next available Subcommittee agenda.
V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the
agendas. Additional meetings may be called as needed. The Chair shall provide every
member of the TAC with seventy-two (72) hours written notice of regular and additional
TAC meetings. The agenda for each meeting shall be developed by the Administrator in
consultation with the TAC Chair, and shall be approved by the Chair.
B. Conduct of Meetings. All meetings of the TAC, including all Committees,
Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with
legal counsel, shall be properly noticed and conducted in accordance with the "Brown
Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC
and it$ Committees, Subcommittees and Ad Hoc Committees and Subcommittees,
nothing herein shall be interpreted to require meetings between staff members of the
individual PARTIES (including designated representatives of the PARTIES) to be subject
to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is
individually responsible for ensuring it complies with the Brown Act. Wherever this
Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee {IC) is
comprised of one voting member from each PARTY to this Agreement plus one
voting member from the Santa Clara Valley Water District {SCVWD). The PARTY'S
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TAC MEMORANDUM OF AGREEMENT
5/6/13
IC representative is usually also the PARTY'S TAC representative. Each PARTY
and the SCWJD may also designate an alternate. The purpose of the IC is to make
decisions and recommendations on all fiscal, management and administrative
issues of the TAC. The IC selects, monitors and provides oversight of the
Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the
TAC. The IC recommends the level and setting of the SWPF to the Commission.
B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members.
{Note: the City of San. Jose representative counts as two (2) voting members toward
the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC,
including PARTIES collectively representing at least forty percent {40%) of the
population of the incorporated and unincorporated areas of the County of Santa
Clara, is necessary to approve any measure brought before the IC. {For purposes
of calculating whether or not the forty percent (40%) figure has been reached, the
population of each PARTY shall be counted; however, no population shall be
attributed to the SCWJD due to the fact that it encompasses such a large
percentage of the population of the entire incorporated and unincorporated County.)
Each member of the IC shall have one vote, with the exception of the City of San
Jose which shall have two {2) votes. The IC shall meet at least annually to consider
and recommend approval of the Annual Workplan and Budget to the Commission
for the upcoming fiscal year. The Chair may call other meetings of the IC as
needed. All IC meetings are open to the public and to all TAC members.
Participation and discussion by all TAC members and by members of the public is
encouraged. The Chair of the IC forwards all recommendations made by the IC
directly to the Commission, and also makes an informational report to the TAC on
the recommendations forwarded to the Commission. The Chair shall strive to
achieve consensus among IC members. Consensus is defined as general
agreement in sentiment or belief. If clear consensus cannot be reached, the Chair
will call for a vote of the voting members present. In such event, the Chair will
report the recommendation of the IC along with the dissenting opinion{s) and
viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will
report that outcome and the viewpoint(s) expressed that led to that outcome. In the
alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for
another IC meeting.
C. Use of Outside Contractors. The IC is responsible for selecting any consultant{s)
or contractor(s) {"Outside Contractors") to perform tasks included in the Commission
approved Annual Workplan and Budget and who are to be paid from Countywide Funds,
using a process created in consultation with the Contracting Agent. The IC is responsible
for reviewing and approving the parameters of any contracts with Outside Contractors,
including the scope(s) of work, schedules of performance, use of subcontractors, and
compensation for such Outside Contractors. The IC then directs the Contracting Agent to
conduct the procurement process for Outside Contractors and to execute contracts with
the selected Outside Contractor{s).
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TAC MEMORANDUM OF AGREEMENT
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be
established as needed by the TAC. The TAC will evaluate and establish standing
Subcommittees in December of each year. Additional Subcommittees may be
established at other times throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees
is open to all TAC voting members and designated alternates. There is no maximum size
for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A
quorum is two (2) or more Subcommittee members. Subcommittees may elect a Vice
Chair to serve in the Chair's absence. Subcommittee chairs shall be responsible for
calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda
and report the activities and recommendations of the Subcommittee to the TAC.
Subcommittee chairs shall strive to achieve consensus among members. Consensus is
defined as general agreement in sentiment or belief. If clear consensus cannot be
reached, the Chair will call for a vote of the voting members present. In such event, the
Chair will report the recommendation of the Subcommittee along with the dissenting
opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will
report that outcome and the viewpoint(s) expressed that led to that outcome. In the
alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to
re-agendize the item for discussion at another meeting.
C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as
needed to address specific issues or problems. The TAC shall appoint a Chair for each
Ad Hoc Subcommittee. All Ad Hoc Subcqmmittees shall follow the same operating
procedures as the standing issue and policy subcommittees. The TAC Chair shall
monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be
promptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
5/6/13
A. Duties. The TAC Administrator provides administration and management
services to the TAC and carries out the Annual Workplan. Duties of the Administrator
include, but are not limited to: scheduling meetings of the TAC and all committees,
subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes;
maintaining all TAC records and files; notifying the TAC of correspondence received and
preparing outgoing correspondence; completing all tasks in the Annual Workplan;
providing monthly reports at TAC meetings on the status of the Workplan; and other
duties as directed by the IC. The Administrator reports to the Chair of the TAC. The
Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent
and the Contracting Agent. The Administrator is paid from funds in the adopted TAC
budget.
B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the
Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a
recommendation to the Commission on selection of an Administrator, as further
described in Attachment 2.
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TAC MEMORANDUM OF AGREEMENT
5/6/13
C. Initial Administrator. The initial Administrator for the TAC shall be the County of
Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff
provided is described on Attachme:tot 1. In the event of a change in the initial staff, the
procedures described in Attachment 2 shall be followed. In the event the IC determines
there is a need for a change in the Administrator in the future (due to costs, availability of
designated employees or for other reasons), or in the event the County IWMD is unable
or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2
shall be followed. ·
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY,
that PARTY shall appoint a TAC/IC representative whose function is to represent the
PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC
representative shall be a person who is not be involved in the work of the Administrator.
This designation shall be made in writing on the PARTY'S letterhead to the Chair of the
TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC,
TAC committees and subcommittees, and to the IC.
E. Contract With Administrator. All duties and responsibilities of the Administrator,
and a list and description of all staff assigned to provide Administrator services, shall be
included in a contract between the Contracting Agent and the Administrator. The
contract term may be for a single year or for multiple years, at the discretion of the IC. In
the event that the Administrator is a PARTY, a letter agreement will be prepared between
the Contracting Agent and the Administrator, containing all of the duties, responsibilities,
staffing commitments and costs for the Administrator to serve for the upcoming fiscal
year. The letter agreement will include the Annual Workplan and costs for the
Administrator's services. The letter agreement shall state that the Administrator agrees to
provide the described services at the approved costs for the upcoming fiscal year and
that all employee and overhead costs will be maintained at the levels specified in the
agreement for that fiscal year. With regard to the initial Administrator, the first letter
agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and
the scope of work to be performed for FY 2014/15. If the Administrator and the
Contracting Agent are the same PARTY, the letter agreement will be prepared and
signed by a staff person designated to represent the Administrator and also signed by a
separate staff person designated to represent the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the
Administrator will maintain a list of potential work items to be placed in the Annual
Workplan for the upcoming fiscal year. Beginning with preparation ofthe Annual
Workplan and Budget for fis.cal year 2014/15, the following schedule will apply. In
November of each year, the IC will review the list of potential work items compiled by the
Administrator, add additional items as needed, and direct the Administrator to prepare a
proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual
Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan and
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TAC MEMORANDUM OF AGREEMENT
Budget to the IC no later than December 15 of each year. If required, the IC will provide
revisions and comments to the Administrator, who will then revise and finalize the Annual
Workplan and Budget. The IC will approve the Annual Workplan and Budget ori or before
January 31 of each year and forward it to the Commission for approval. Commission
approval is anticipated to be during the month of February. Upon approval by the
Commission, the Contracting Agent will prepare agreements with the Administrator, the
Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and
Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent
and the Contracting Agent) as described in Sections VIII E, IX D and X C. The
agreements will be signed by designated representatives of the Administrator, the Fiscal
Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or
the Contracting Agent are the same PARTY, that PARTY shall designate separate
representatives to execute the agreements on behalf of the Administrator, the Fiscal
Agent and the Contracting Agent. Said agreements shall be fully executed and in place
prior to July 1 of each year.
G. Annual Reporting and Evaluation. The Administrator shall prepare a self
evaluation/audit report to the IC including significant accomplishments, work items
planned but not accomplished, work items not planned but completed, and the status of
all work items in the Annual Workplan. The report will include recommendations and
suggestions for improving the work of the Administrator and will be submitted on or
before September 15 each year. The IC will consider the report at a regular meeting and
discuss and provide recommendations and feedback to the Administrator. The IC will
rate the overall implementation and effectiveness of the Workplan and, in turn, rate the
performance of the Administrator based upon the ability of the Administrator to meet the
timelines and budget in the Workplan and to effectively support the Commission and the
TAC. The final recommendations and feedback of the IC will be recorded in the minutes
and also in a letter from the IC Chair to the Administrator. This feedback will be used by
the Administrator to make any required changes in operations, procedures and/or work
tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC
may, at any time, discuss questions, concerns or issues of performance with the
Administrator.
IX. FISCAL AGENT
5/6/13
A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is
responsible for collecting the SWPF from all solid waste disposal facilities and non
disposal facilities located within Santa Clara County. The Fiscal Agent also collects and
receives grant funds and revenues from other sources. The Fiscal Agent shall diligently
pursue collection of all SWPF funds and shall keep the IC apprised of the amount and
entity owing delinquent payments, as well as of the status of collection activity initiated by
the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all
funds in accordance with generally accepted government accounting procedures. The
Fiscal Agent shall keep Countywide Funds segregated from all other funds administered
by the Fiscal Agent in separately numbered and coded accounts that are readily
identifiable as those containing Countywide Funds; shall credit appropriate interest
income earned on such funds in each fiscal year; and shall not expend, use or transfer
11
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TAC MEMORANDUM OF AGREEMENT
5/6/13
any funds except in accordance with the Annual Workplan and Budget approved by the
IC and the Commission, or as otheiwise directed by the IC. In the event the Fiscal Agent
is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the
Contracting Agent as direqted by the IC, in accordance with the procedures in
Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC,
the Administrator, and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.
The specific contact person shall be designated in writing to the Administrator and to the
TAC Chair. In the event the IC determines there is a need for a change in the Fiscal
Agent in the future (due to costs, lack of availability of designated employees or for other
reasons), or in the event the County is unable or unwilling to serve, the following
procedures for selection of a new Fiscal Agent shall be followed.
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by
another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC
containing the costs for performing the services of the Fiscal Agent, including all
employee and overhead costs and all proposed expenses. If the same PARTY is also
already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or
both, the proposed costs to perform each _function shall be separately specified. The IC
will hold discussions with representatives of the nominated PARTY(IES) as needed. The
recommendation of the IC will be foiwarded to the Commission for approval. Upon
receipt of Commission approval, the Contracting Agent will execute an agreement with
the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal
Agent services for the upcoming fiscal year.
D. Payment For Services. The Fiscal Agent shall provide the Administrator with
proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year
upon request. The proposed costs shall be at the level of detail described in Attachment
2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both,
the proposed costs to perform each function shall be separately specified. The proposed
costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If
there is a question or concern about the proposed costs, the Chair of the IC and the
Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the
Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will
prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to
perform services for the new fiscal year. In the event that the Contracting Agent and the
Fiscal Agent are the same PARTY, the agreement shall be signed by the designated
employee of the PARTY serving as the Fiscal Agent and the (separate) designated
employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit
quarterly budget updates to the IC every three (3) months, and shall provide a Year-End
Budget Report. These reports shall be formatted in a clear and concise manner such that
all expenditures, revenues, movement of monies, reallocation of funds and adjustments
to the budget are detailed by project and line item (i.e. numerical reference and narrative
12
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TAC MEMORANDUM OF AGREEMENT
description). The Year-End Budget Report shall be submitted to the IC on or before
October 31 each year. The IC may, at any time, request additional budget information,
detail, documentation and updates. The Fiscal Agent shall respond promptly to all such
requests.
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent
third party Certified Public Accounting Firm (CPA) to be conducted every other year
beginning with.an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA
firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that
PARTY's annual audit. In such event, the results of the audit of the Countywide Funds
and accounts shall be clearly and separately called out in the CPA's audit report. The
results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self
evaluation, along with the Year-End Budget Report, for submittal to the IC. The self
evaluation will include a description of key work tasks performed, any duties or tasks not ·
completed, and any non-planned work tasks completed. The report will include
recommendations and suggestions for improving the services of the Fiscal Agent. The
self-evaluation shall be submitted at the same time as the Year-End Budget Report. The
IC will review the report at a regular meeting and discuss any suggested or needed
changes or improvements. The IC will rate the overall performance of the Fiscal Agent
based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in
accordance with all requirements of this Agreement. The final recommendations and
feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to
the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required
changes in operations and procedures and/or work tasks for the next fiscal year. In
addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss
questions, concerns or issues of performance with the designated representative of the
Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent execute!? contracts with Outside Contractors,
including the Administrator and the Fiscal Agent.(where applicable) that have been
requested and approved by the IC. The Contracting Agent consults with the IC to
establish a procurement process for Outside Contractors, and then conducts that process
once the IC has approved a scope of work, schedule, budget and other parameters of the
contract that will be awarded by the Contracting Agent. The Contracting Agent shall
conduct the procurement process and execute all contracts within a reasonable period of
time after being directed to do so by the IC. The Contracting Agent shall provide a copy
of any contract executed on behalf of the TAC to any PARTY,·any TAC member, and to
any PARTY or person designated by any PARTY or the IC upon request. The governing
body of the Contracting Agent, at its discretion, may delegate authority to execute
agreements and contracts approved by the IC to a designated employee. Notice of any
such delegation of authority shall be provided in writing to the Chair of the IC and to the
Administrator.
5/6/13 13
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TAC MEMORANDUM OF AGREEMENT
5/6/13
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent
shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent
on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all
Countywide Funds in accordance with generally accepted government accounting
procedures. The Contracting Agent shall keep Countywide Funds segregated from all
other funds administered by the Contracting Agent in separately numbered and coded
accounts that are readily identifiable as Countywide Funds, and shall not expend, use or
transfer any funds except as specifically directed by the IC. At the close of the fiscal year,
the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all
directions from the IC with regard to retention of funds for contracts with Outside
Contractors that are still in effect, and with regard to return of unexpended or
unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and
collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Contracting Agent. The initial Contracting Agent shall be the County of
Santa Clara. The specific contact person shall be designated in writing to the
Administrator and to the TAC Chair. In the event the IC determines there is a need for a
change in the Contracting Agent in the future (due to costs, lack of availability of
desjgnated employees or for other reasons), or in the event the County is unable or
unwilling to serve, the procedures for selection of a new Contracting Agent shall be the
same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services. The Contracting Agent shall provide the Administrator
with proposed costs to perform the duties of TAC Contracting Agent for the upcoming
fiscal year upon request. The proposed costs shall be at the level of detail described in
Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal
Agent" or both, the proposed costs to perform each function shall be separately specified.
The proposed costs will be reviewed by the IC as part of review of the Annual Workplan
and Budget. If there is a question or concern about the proposed costs; the Chair of the
IC and the Administrator will meet with the Contracting Agent concerning the issues.
Upon approval of the Annual Workplan and Budget by the IC and the Commission, the
Administrator will prepare an agreement to be signed by the Contracting Agent and the
Administrator to perform services for the new fiscal year. In the event that the
Administrator and the Contracting Agent are the same PARTY, the agreement shall be
signed by the designated employee of the PARTY serving as the Contracting Agent and
the (separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit
an annual report to the IC on the status of all contracts (listing all contracts in progress,
expired, terminated, and the amount of work and budget remaining in each) on or before
October 31 each year. The report shall also note the amount of Countywide Funds held
by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts,
and the amount(s) of funds that are unspent and unencumbered. The IC may, at any
time, request additional information, detail, documentation and updates on any or all
contracts. The Contracting Agent shall respond promptly to all such requests.
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TAC MEMORANDUM OF AGREEMENT
E. Audits. The Contracting Agent shall cooperate with and provide all information
and documentation required in order to complete the bi-annual audit described in .Section
IX F. In the event the IC decides that any actions or activities of the Contracting Agent
are not in compliance with this Agreement, or if the IC determines there are other
reasons for an audit to be performed, the IC may perform an audit of the Countywide
Funds received and expended by the Contracting Agent. In such event, the Contracting
Agent shall cooperate fo1lly, and in a timely manner, with persons performing the audit.
F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall
prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to
the IC. The self-evaluation will include a description of key work tasks performed, any
duties or tasks not completed, and any non-planned work tasks completed. The report
will include recommendations and suggestions for improving the services of the .
Contracting Agent. The self-evaluation shall be submitted at the same time as the
Annual Contract Status Report. The IC will review the report at a regular meeting and
discuss any suggested or needed changes or improvements. The IC will rate the overall
performance of the Contracting Agent based upon the ability of the Contracting Agent to
perform its duties in a timely manner and in accordance with all requirements of this
Agreement. The final recommendations and feedback of the IC will be recorded in the
minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will
be used by the Contracting Agent to make any required changes in operations and
procedures for the next fiscal year. In addition to the annual review of the Contracting
Agent, the IC may, at any time, discuss questions, concerns or issues of performance
with the designated representative of the Contracting Agent.
XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid
waste, recycling and municipal law to research legal issues, proposed legislation, and to
provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission
approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County
Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law
firm. The IC will interview and select Legal Counsel as needed, and direct the
Contracting Agent to prepare a contract with Legal Counsel for the provision of legal
services. The IC shall direct the work of Legal Counsel. The Administrator may assist in
coordination of activities with Legal Counsel, but shall not give direction without prior
authorization from the IC. Legal Counsel shall not be responsible for providing legal
advice to individual PARTIES related to their individual compliance with Public Resources
Code Section 40000 et. seq., but may provide such services under separate contract with
any PARTY or PARTIES.
XII. OTHER AGREEMENTS OF THE PARTIES
5/6/13
A. Term of Agreement. The term of this Agreement shall commence on the date the
last duly authorized representative of the PARTIES executes it. This Agreement shall
remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES
containing more than fifty percent (50%) of the population of the incorporated and
unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever
15
193
TAC MEMORANDUM OF AGREEMENT
occurs first. A PARTY may withdraw from the Agreement by providing written notice to
the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal
of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.
8. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the
Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend
a TAC-sponsored ethics training every other year beginning in FY 2013/14. The
Administrator shall arrange for this training and include the cost in the Annual Workplan
and Budget for each year the training is required to be conducted.
C. Counterparts. This Agreement may be executed and delivered in any number of
copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of
PDF copies. When each PARTY has signed and delivered at least one counterpart to the
Administrator, each counterpart shall be deemed an original, and taken together, shall
constitute one and the same Agreement, which shall be binding and effective as to the
PARTIES hereto.
D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into
this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator,
Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume
responsibility for any other PARTY in complying with the requirements of state and
federal solid waste and recycling laws, including but not limited to, the California
Integrated Waste Management Act of 1989 as amended (Public Resources Code Section
400000 et seq). This Agreement is intended solely for the convenience and benefit of the
PARTIES hereto and shall not be deemed for the benefit of any third party and may not
be enforced by any third party, inciuding, but not limited to, the United States
Environmental Protection Agency and the California Department of Resources, Recycling
and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between the PARTIES pursuant to Government Code
Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by
the Santa Clara Valley Water District in carrying out its duties under Section VI.
Implementation Committee shall not be shared pro rata, but instead the PARTIES agree
that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully
defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara
Valley Water District in the carrying out of its duties under Section VI. Implementation
Committee, from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying PARTY, its officers agents or
employees, or in connection with or arising from any work, authority or jurisdiction
delegated to such PARTY under this Agreement. No PARTY, nor any officer, board
member, employee or agent thereof, shall be responsible for any damage or liability
incurred by reason of the negligent acts or omissions or willful misconduct of the other
PARTIES hereto, their officers, board members, employees or agents under or in
. connection with or arising from any work, authority or jurisdiction delegated to such
5/6/13 16
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TAC MEMORANDUM OF AGREEMENT
516/13
PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or
agreement among the PARTIES regarding the composition, structure, duties and powers
of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006,
but does not supersede any other agreements between any of the PARTIES.
:<' f ;f\ . / ! i/ ! t ~
G. Amendments. This Agreement may be amended by·unan1nfo'uswritten
L ', l
agreement of the PARTIES. AU PARTIES agree to -~r!r:ig~~flY··Proposed ai'liendments to
this Agreement to their Council or Board, as applitable'/ witf1ln three (3) months following
acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and
determine if any amendments are needed. The first biennial evaluation shall be in 2015.
The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement,
the PARTIES agree that venue shall be exclusively vested in the state courts of the
C?u~ty of Santa Clara, or. w~ere othe~is~ jie,f{i~f 1~~{V,~t~~fti1J~]~nited States
District Court, Northern D1stnct of Callforn1a,\~slltil~;C?,. ,., i~flfi{~f8'i:1s~m i!Jrito 'tu
.?. ic,aivisquZ
I. Attachments. Attachments 1 through 5 are attached.hereto and'lffc'orporated
herein by this reference. · _________ · ·
17
195
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
APPROVED AS T~ORM:~
By: PRES-+, __ ---j:---+---'J"i'I-----By: ld1ud{ I~ o/5J;?t}13
Deputy County Counsel
KEN YEAGER
Signed and certified that a copy of this -·
document has been delivered by elldronic: -
or other means to the Presfdent. Board of
-_ -. '/ ~ _ -n!'l _ega®Ol, -I . _ _ _ ---BoarrtofSupe~
5/6/13 18
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TAG MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM: ------------
Chair, Board of Supervisors
CITY OF CAMPBELL
Date: July 17, 2013
By{$.£~
Title: city MeE.a.g€lr
CITY OF -------
Date: ----------
By: __________ _
Name: ---------Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:
Date: ------------
By: __________ _
APPROVED AS TO FORM:
By:~
Name · William ~ Selig.xnann
Title: City Attorney
APPROVED AS TO FORM:
By: __________ _
Name: --------Tit I e: ---------
19
197
TAC MEMORANDUM OF AGREEMENT
CITY OF CAMPBELL
Date: ---...,...-'------
By: _________ ~--
Name: Mark Linder
Title: City ManagE:)r
CITY OF CUPERTINO
Date: . ! /:;g/13
By: {!a.1;.JJ.t{Jju!tJ1rd WJ
Name: David Brandt //
Title: City Manager
CITY OF GILROY
Date: ----------
By: _________ ---,--__
Name: Thomas Haglund
Title: City Administrator
CITY OF LOS ALTOS
Date:_. __________ _
By: _________ _
Name: Marcia Somers
Title: City Manager
TOWN OF LOS ALTOS HILLS
Date: ----------
By: ______ -__ _
Name: Gari Cahill
Title: City Manager
5/6/13
APPROVED AS TO FORM:
By:_~--------
Name: ---.,--,.----
Ti tie: City Attorney
AP;;; AS~ORM: . -.
I ay. 1,4 . N~nie:e{Kta<i41!df
(ti1tle: City Attorney
APPROVED AS TO FORM:
By_: __________ _
Name:· ·--------
Title: City Attorney
APPROVED AS TO FORM:
By: ____ -_____ _
Name: -----------
Tit I e: ---------
APPROVED AS TO FORM:
By: __________ __,
·Name: --------
Title: Town Attorney
19
198
TAC MEMORANDUMOFAGREEMENT
CITY OF ·CAMPBELL
Date: --"---------
l3y:_~,__---,.....,,...,.-------,-
N~me; M~r:~ L.incl.ir
Title: city M~n~g•r
CITY OF CUPERTINO
Date: ----------
B.y:,---,--________ ____
N~rnl3J Pijvir::t etandt
Title: City Manager
C!TY OF C31LRQY
·~·=== By, . .
Na.rn~= Toorrr~~ Hl9!!Jnd.
Title: City Acfrninistrator
CITY OF LOS At TOS
Date: _________ _
By:-. ----------Name: Marcia somers
Title: City Manager . .
TOWN OF LOS ALTOS HILLS
Date: ----------
By: _________ _
Name: C~rl Cahlll
Title: City Manager
5/6/13
APPRO\/EO AS TO FORM:
fly: __________ _
· ~@r8
6itfAttottrey
APPROVED AS TO FORM:
fty: __ __,.,.,_--------'-Nanie: · Tltie: ·_c_it_y-Att--., o-,'t-ne_y ___ _
APPROVEO ASTO "J;ORM:
13y: c/~/f.~-
Name: /... 1 NO e
Title; City Attorney
ATTEST:
A ~ c;,tlJ--Lc)(V
City Cleric
APPROVED AS TO f=.'ORM:
av:_-_________ _
Name: -----~--1 it I e: ---------,.
APPROV!=D AS TO FORM:
By: __________ _
Name: --------Ti tie: Town Attorney
19
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TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: ___________ APPROVED AS TO FORM:
By: __________ _
Chair, Board of Supervisors
c1TY oF Los-A,,&(os
Date: ~-q --( ~
By:/1~~
Name:£/~~~
Title: tny ~-
CITY OF _____ _
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATIEST:
Date: -----------
By: _________ _
APPROVED AS TO FORM:
By:-t-7"-"--="':::~~-=>t-+-=------.c=-.=---
N ame :.....:·~~~~~=:,_,i_
Title:_~~=A--.L...l..!<~~~;.+-
APPROVED AS TO FORM:
By: __________ _
Name: --------
Tit I e: ---------
19
200
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: ___________ APPROVED AS TO FORM:
By: __________ _
Chair, Board of Supervisors
CITY OF LOS ALTOS HILLS
Date: lObl.f J 20/3
By: Cal2~~~
Name : carica.IT1
Title: city Manag:er
CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------
516113
By: __________ _
Deputy County Counsel
ATTEST:
Date: ___________ _
By: __ ,--________ _
APPROVED AS TO FORM:
By.~,=:::. =::::,-· -
Name : Steve Mattas
Title: city Attorney
APPROVED AS To· FORM:
By: ____ --'------
Name: --------
Tit I e: ---------
19 201
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM: ------------
By: __________ _
Chair, Board of Supervisors
CITY OF ______ _
Date: ----------
By: _________ _
Name: --------
Ti tie: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:
Date:. ___________ _
By: _________ _
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:. __________ _
Name: --------
Tit I e: ---------
19
202
TAC MEMORANDUM OF AGREEMENT
Title: City Manager
TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manager
CITY OF MILPITAS
CITY OF MONTE SERENO
Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL ·
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
(
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:
By: __________ _
Name: --------Tit I e: Town Attorney
APPROVED AS TO FORM:
APPROVED AS TO FORM:
I
Name: --------
APPROVED AS TO FORM:
By: __________ _
Name: --------
Tit I e: City Attorney
20
203
' r
TAC MEMORANDUM OF AGREEMENT
TOWN OF LOS GATOS
Date: ----------
By:_--,-_______ _
Name: ~reg Larson
Title: Town Manager'
CITY QF MILPITAS
Date~ ----------
By:---------Narne:Tom Williams
Tjtle: City Manager
CITY OF MONTE SERENO .
Da.~ N~;:.~~~ By· .
Titlez City Mailc:1ger
CITY QF MORGAN Hll!.L
Date: ------------
:By:~ ________ _..;.. __
Name: Steve Rymer
Title: City Manager
.S/6/13.
APPROVED AS TO FORM:
ay: __________ _
Name: ____ ...;.;.... __ _
iitle: Town Attom.ey-
APPROVED AS TO .FORM:
By: _ ___._ ______ ~ _ ___.__
N~me :. Mic::fl~~I J, Ogaz
Title: City Attorney
APPROVEDAS Td·FORM:
By:. c:,--."'8 ...... .f'~
N,~rne·:Kj rsteo Powell
Title: City Attorney
APPROVEO:AS TO FORM:
By:·_. ----------
Name·: ,---------. Title: City Attorney
20
204
TAO.MEMO.RANDUM·OF.AGREEMENT
TQW"f Q_F LQS '~ATOS
bate: ----------
By: _________ ..;___
N~m~r .(lr~g L~rsqn
Title} Town· Mana,ger
CJTY OF MllPITAS
Dat~:. "-----------
. B.y:_=,---------Na.rne:·tiim ;WJ11iam$:
Title: ·Qjty IYl~ti~g~r
CITY QF MONTE $ERl=NO
Date:~. ________ _
By; ___ __,..-,-,-----___,
Name:: Brian Leventhal
Title; CiW Ma.n.a.g~_i'
CITY OF MORGAN HIL.L
Date: ·10/, £ 3
'{ ..
By:~~ Name::·~~
Title-: City Manager
5/6/13
APPROVED As TO PO.RM:
ay~------cc-=-------=--Name: Titl~;-,.-o-w_n_JA-. tt-o-rh_e_y ___ _
APPROVE[} AS TO FORM:
By:.,----,--'-------,---~ N~me· ·~. _ Mi_c,h~eJ.J 1 Qg~z
Title: City Attorney
APPROVED AS TO F,iQRM:
·.By: .N<' .. -,-.... -. --~--c-------
f~!~: ---------
::,p~lE: .
.fwName : tz.ell\ M
Title: City Attorney
12e.56\uf\Of\ ~o·. ee,t,;38
iO
205
TAC MEMORANDUM OF AGREEMENT
CITY OF MOUNTAIN VIEW
Date: '1,LV-13
By:~~~ Name:· DanieH.ich ,
Title: City Manager ·
CITY OF PALO AL TO
Date: ----------
By: __________ _
Name: James Keene
Title: City Manager
CITY OF SAN JOSE
Date: --------------
By: __________ _
Name: Norberto Duenas
Title: Deputy City Manager
CITY OF SANTA CLARA
· Oi;ite: ----------
By: _________ ~
Name: Julio J. Fuentes
Title: City Manager
CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:._~..K.U.L..::...:...:....-=:J-£><;___ ____ _
Nam" : annie L Q1Jinn
Title: ity Attorney · .
APPROVED AS TO FORM:
-Name: _______ _
Title: City Attorney
APPROVED AS TO FORM:
By:~---------
Name: Rosa Tsongtaatarii
Title: Senior Depvty. City Attorney
APPROVED AS TO FORM:
By:~---------
Name: Rich.c1rd E. Nosky, Jr.
Title: City Attorney ·
APPROVED AS TO FORM:
By:_. ----------
Name: Richard Taylor
Title: City Attorney
21
206
--TAC MEMORANDUM ()F AGREEMENT
-CITY OFMOUNTAINVll~W--
---
Da_te:-'-_ --'--------"-------'---APPROVED ASTO FORM:
By:_-__________ ---• By: __ -'---"----'---'----'------
Name: Daniel -H. Rich Name : Jannie L. Quinn __
-Title: · City rv1anager . _ Title: City Attor~ey _ •
CITY OF PALO AL TO
APP
-. E3y:'-· ~~::....,;_::.....:::~::j:.;_.,,....;.;..,~.....:...._.;......_
.. ~~me: • .ti\. _
• -t'Ofitle: Cjty Attorney
CITY OF SAN JOSE
--
Date: ----------
By:_·----------~
Name: Norberto Duenas
Title: DE!pyty City Manager _
. CITY OF SANTA CLARA
Date: -·------------
-• By: __ ~--~----
Name: Julio J. Fuentes
Title: City Manager -
---
CITY OF SARATOGA
' -
Date:_· -'-"-'--'--'-------,--~--------'-~
By:_•-----,---,------~-~
Name: : Dave Anderson_
Title: · City Manager -
5/6/13 -
-APPROVEDASTO FORM:
-. By:~----,-----,-----
-. Name : Ro.sa Tso·ngtaatarii
_ Title:Sen_iorDeputy City-Attorney
APPROVED AS TO FORM:
--By: _____ ---,--~---
. · Name: Richard E. Nosky, Jr.
-_·title: City Attorney _
_ APPROVED AS TO FORM;
_-By:~---'--~----~--
Name: Richard Taylor
Title: City Attprriey
21
i"'
r
. -
207
TAC MEMORANDUM OFAGREEMENT
CITY OF MOUNTAIN VIEW
D.ate: ---~-----~
By:____,-.--,----,-....,,....,,-,------
Name: OanielH. Ilion
Title; Oity Manager
. CITY OF PALO ALTO
a.Y:_· ----;----.-------.Namer James Keene
Title: bity Mshager
CITYOF SAN JOSE
CiTYQF SANTA CLARA
By: ...... ·~-----------Name: .Jullo J. Fuente:s
Title: City Manager -..,.
5/6/f3
APPROVEI\lAS TO FORM:
13·, .Y, . .
N;;:ime : JannJe '.l...c 'Quinn
Title: City Aftt,ir!'leY
ARPHQV~P.A$TO'fQRM:
B_y:_. ------------Name: _______ ..,__
Title: CifyAttorney
APPRGVEP AS TQ FORM:
By:_. --------,-..,..--,,-,---,-
. Name:Ri¢harci E. No$l<Y, Jr..
Title: CityArtqmE:IY ''•
APPROVED AS TO FORM:
By:_---,--......-------~ Ni:iroe:: Richarp Taylor ·
l'itlEf GJtY, Att9mey
208
.............. >··· ......... < .. ·.··•·• >< ..................... · .. .
• ____ rAc MEMORANDUM oi= AGREEMENT --
CITY OF MOUNTAIN VIEW---
By: __ ~--~------'--
Name:: Daniell-I. Rich :
-Title: C City Manager _
-CITY OF PALO AL TO · -
-Date:> ;-,.,.,.....--,--,---------,--:-,-:----------,-------,--,---
By: __ ~~-~~---
-Name: James Keene
•=_Title: ::City Manager
CITY OF SAN JOSE
_ Date:_ ............. -----------'------
By:_-_----'-------.--~--~--
Name: Norberto Duenas
Title:· Deputy City Manager
CITY OF SAl~TA CLARA _
-CITY OF ·sARATOGA
D~te: -~~..,......-~-----
By;----'-'--~--------~~---
Name: Dave Anderson
Title: City Manager
5i6II3
. . .. .. . .
APPROVED AS T(J FORM: -
By:--,'----~~------
1\lanie : Jc3rmie L. Quinn
Title: Qity Attorney -
. .
APPRov1=0 AS ·-ro FORM::_ -
. 13y:_·----'--------
· Narrie: ----~---'-------
Jitle: City Attorney -
..
--APPROVED AS TO FQRM:
---By:_·---------,------
--Name : Rosa T songtaatarii
Title: SeniOr DepµW City:Attorney
. . . }
-APPR=oVED AS TO FORM: ,-
'Jr. -
. : . . . ;"
APPROVED AS TO FORM:
.By: __________ _
Name: Richard Taylor
Title: City Attorney
21
. !
209
TAC MEMORANDUM QFABREEMENT
CITY OF MOUNTAINV'IEVV
Oate:. ___ ,...;.....,.;...;.,..,-;;....;........;......._...-'---'--
By:_1 -....,.........--..,,..,..--------~-
Narne: O~·rt,el H. Rich
Title: City Manager
CITY OF PALO:ALTO
Date:. · .. ,
By: _____________ _
Namet J'ames Keeme
Title:. City Manager
CITY OF SAN JOSE .
Date: __ ----'---"--'-c--'----
'8y:--'-·. -...,..-..;.,;---.,.,..,.---"'-------'-
Nallie: Norberto IJ'uenas
Title: Depµty City M~·nager
CITY OF SANTACLARA
· Date: ----------------
By:_·-----'-'----------~--Naoie: .Julio. J. Fuente~:;
·Title: City Manager
CITY OF SARATOGA
D. · 7 ;... 2-r·:-Z.P I ? · · -ate:'--. _______ -.1.;..__
By: 9eJ~
Name:·. Dave Anderson
Title: City Manager
5/6/H .
APPROVEGl.~S::T:0 FQR:i\,k .
··e"· :· .. ~,.:.-._-_,,...._,.___,,..,._.,......,,._-,-----
Name : Jannie :L Quinn> . · .
Titre/ City Attt>meY · ·
A.RPR0\/~[Y}t$TO'FORcM:
Bv:•_.· _.....;,.._ _____________ _____
.Name: . .,.,.· ~~-......,..__,...:..--
Title:. City Attorney ·
By:._' ---,.,,.,.,_-. ............ ....,.............,........-,,,.,.--"-
Name ': :~o$a tsongJlaatarlF ·
· !itle::.$enier. Deputy·City.Att~mE3f
APPROVED AS TO FORM: . ' . . . . .-. ''i
By,:,. . .. . . . .... ····· .. · .
Name: 'i!phan:l E. Npsl<y,. Jr,
'.'"mtlei:, · City Attome>y •
. . . •,. '
APPROV.ED~S TO FORM:
•• ., ,. • • ~ 1 ' • • •
=--=:::::----,·
By:, ~ ., <:::.,. Name: Richard Tay[pr
Tjtle; CityAfforn~y
---
210
TAC MEMORANDUM OFAGREEMENT
CITY OF SUNNYVALE
APPROVED AS TO FORM:
By: _ __,__u -+.....-c. -~ _~ _,.._Ll _-_...oi -~---_-_~..,,_-By: J-o,~ ~ rv--==
Name Name: Joan A. Borger
Title: . Title: ·
5/6/13 22
211
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1
INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.
Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.
Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.
Zachary DeVine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.
Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill
5/6/13
% FTE Committed
To Administrator
Duties
0.82 FTE
0.87 FTE
0.80 FTE
0.67 FTE
0.98 FTE
1.0 FTE
0.94 FTE
23
% FTE Committed
To County
Unincorporated
Duties
0.18 FTE
0.13 FTE
0.20 FTE
0.33 FTE
0.02 FTE
0.00 FTE
0.06 FTE
212
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2
SELECTION PROCESS FOR THE ADMINISTRATOR
1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the
Administrator for the TAC. As part of the selection process, the potential candidate(s)
shall submit a proposal to the IC for providing Administrator services. The proposal shall
include: a detailed scope of work for the upcoming fiscal year, detailed costs and work
hours for the completion of each task, and a list of the employees proposed to perform
each part of the Annual Workplan, as well as the administrative and management duties
of the Administrator. The proposal shall also include a resume and description of the
education, experience and expertise of each proposed staff member highlighting
experience in solid waste management, recycling, diversion programs, producer
responsibility, public education and outreach, legislative analysis, budgeting, public
sector management, administration and policy development. It is of great importance
that each member of the Administrator staff possess a high level of experience and
expertise in the listed areas. The proposal shall designate the duties and activities to be
carried out by each employee. The IC will review the proposal(s) and conduct
interview(s) with the potential Administrator(s). The IC will select an Administrator and
recommend approval to the Commission.
2.Change in Administrator Staff. In the event any member of the Administrator's staff is
unable or unavailable to serve in the capacity indicated in the original proposal, the IC
shall work with the Administrator to determine if an acceptable alternate staff member is
available. This shall include, if desired by the IC, having representatives from the IC
participate in the selection process for the alternate staff person; review the resumes,
references and writing samples of proposed candidates; attend and participate in
interviews; and provide input to the decision-making process for selection of the
proposed alternate staff member. If the proposed alternate staff person is not
acceptable to the IC, and the IC determines that the employee who is unavailable is a
key employee, the IC may give written notice to the Administrator that the TAC will seek
another Administrator, and the IC may recommend to the Commission that the selection
process for a new Administrator be commenced. Upon receipt of Commission approval,
the IC will begin that process. The Administrator shall serve until such time as either a
replacement Administrator is selected and approved by the Commission, or (if the
Administrator is not a PARTY) until the current contract for the services of the
Administrator expires, whichever occurs first. In the IC's sole discretion, the services of
the Administrator may be terminated prior to the selection of a new Administrator. In the
event the Administrator is not a PARTY, an early termination clause shall be placed in
the contract with the Administrator for use by the IC in the event a key staff person
becomes unavailable.
3. Key Employee. A "key employee" includes, but is not limited to, any one of the
following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours
in the Annual Workplan.
24
213
TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a high level of technical expertise and
experience in recycling, solid and/or hazardous waste management programs
and practices.
c. An employee whose work tasks require a high level of professional judgment that
is the product of numerous years of experience in recycling, solid and hazardous
waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public
(e.g. in trainings, liaison with businesses or non-profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public
agencies (e.g. City Councils, the Board of Supervisors) and/or community
organizations (e.g. service organizations, community groups, homeowner's,
associations, -etc.).
25
214
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1.Scope of Work. The proposed Annual Workplan ar:,d Budget will contain a detailed
scope of work for each proposed task, the employee work hours estimated to complete
each task, the name(s) of the specific employees that will perform the work for each
task, the cost of the work hours for each task, all proposed overhead costs for the
Administrator and all other projected costs. If the Administrator is a public agency, the
costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost
therefore, as long as the position (such as 'Analyst I') and the name of the employee
filling that position are indicated, along with the fully burdened cost of the specified
percentage of each FTE. The proposed Annual Workplan shall contain a list of key
milestones for each task.
2.Administrative Tasks. The Workplan shall include a task for providing administrative
support for the TAC including work hours to prepare meeting agendas, to schedule
meetings, attend meetings, prepare minutes and correspondence, and carry out the
direction of the TAC and all Committees and Subcommittees. The Workplan shall also
include a separate task for providing administrative support to the Commission including
work hours to prepare agendas, attend Commission meetings, prepare minutes, and
carry out the direction of the Commission, its Committees and Subcommittees.
3. Other Staff Commitments. The proposed Workplan will contain a listing of the other
duties and responsibilities of each assigned employee (other than the work to be
performed as Adr:pinistrator for the TAC and the Commission) including the work hours
and a general description of the key tasks and projects to be performed. This will serve
as a cross-check (regardless of whether the Administrator is a public agency or a
private firm) to ensure that the time of each employee is not overcommitted, and that
sufficient time exists for each employee to complete all their assigned tasks.
4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the
Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES)
and shall incorporate the proposed costs for the services of each into the proposed
Workplan and Budget. Such costs shall be clearly and separately identified for each
function (and identified separately from those of the Administrator) and shall include the
costs for employee time, expenses (such as bank fees), overhead charges and all other
proposed costs.
5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise
manner such that all projected expenditures and revenues are detailed by project and
line item. The proposed Workplan and Budget shall contain sufficient detail about
proposed work hours and costs such that a comparison can be made between the
proposed costs for the current Administrator, the current Fiscal Agent and the current
5/6/13 26
215
TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the
event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget
shall include the projected amount of funds to be transferred from the Fiscal Agent to
the Contracting Agent in order to pay for contracts with Outside Contractors that will be
awarded by the Contracting Agent in the upcoming year. Such projections shall take
into account all funds currently held by the Contracting Agent (if any) and the amount of
such funds already encumbered for contracts in progress. The projection shall be
accompanied by a recommendation as to the frequency of fund transfers from the Fiscal
Agent to the Contracting Agent that will be required to fund contracts awarded by the
Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds,
quarterly transfer of funds, or other recommended timing.)
?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed
Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the
Contracting Agent shall meet to review and discuss the Workplan and shall work
cooperatively to identify and address any potential conflicts that could arise with regard
to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples
include proposed sale of recycling containers or other goods at less than the purchase
price (i.e. subsidized cost of compost bins for the home composting program); provision
of recycling grants, prizes, incentives; and other such items. At the direction of the IC
Chair, the Administrator shall further investigate any potential conflicts that have been
identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent,
research and propose solutions for eac.h. If solutions cannot be found, the issue may be
presented to the IC for further consideration and/or the IC Chair may direct the
Administrator to revise the Workplan and Budget to remove the items creating the
potential conflict. In this event the IC Chair will inform the IC of such action when the
Annual Workplan and Budget are considered for approval.
5/6/13 27
216
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a
spirit of collaboration and partnership. Members shall treat all persons with
respect and courtesy. In the course of discussions, members shall make their
arguments on the merits of the issue rather than engaging in personal remarks or
attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by fees.
raised from the public; and that the TAC is recommending expenditures of public
funds. Members shall act prudently and in the best interest of the public when
making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and
shall refrain from expressing any opinion to other members on issues where any
one of the following apply:
a. The member holds a financial interest such that the member could
financially benefit from the action or issue being considered.
b. The member is an owner or investor of a business the TAC is considering
doing business with.
c. The member owns land that is being considered for purchase or lease by
theTAC or by any program funded by the TAC.
d. A charity, community group or non-govemmental organization to which the
member belongs or contributes funds would receive funds from the TAC
for projects or services.
e. A person in the member's family could benefit financially from the action or
issue being considered. Family includes the members' spouse, children,
step-children, grandchildren and step-grandchildren, as well as siblings
and parents of the member and the member's spouse.
4. A member recusing themselves shall mean (a) announcing the member has a
conflict of interest when the item is opened for discussion, (b) leaving the
meeting room before discussion on the matter commences, and (c) not returning
to the room until after discussion and any vote on the matter is concluded.
5. Members .shall periodically conduct a self-assessment and inventory of any
potential conflicts of interest they may have and, if the member is unsure whether
or not a conflict exists, the member shall discuss the issue with the TAC Chair,
the Administrator, TAC Legal Counsel or legal counsel for the member's own
agency.
6. In the event a member fails to recuse him or her self during discussion of an
issue where the member appears to have a conflict of interest, the Chair of the
meeting shall ask the member to recuse him or her self and shall halt discussion
about the issue until the member has left the room.
7. Members shall not engage in financial transactions using non-public information
nor allow the improper use of such information to further any personal or private
interest.
516113 28
217
TAC MEMORANDUM OF AGREEMENT
8. Members s.hall not solicit or accept any gift or other item of monetary value from
any person or entity seeking official action from, doing business with, or
conducting activities regulated by the TAC, or whose interests may be
substantially affected by actions of the TAC. Gifts do not include coffee, tea, ·
donuts, discounts available to the general public, greeting cards or plaques of
minor intrinsic value. It is appropriate and prudent for members to decline even
items of minor intrinsic value from sources described in this section.
9. Members shall not knowingly make unauthorized commitments or promises of
any kind purporting to bind the TAC to take any type of action or to approve any
contract, program or other commitment.
10. Members shall not use their membership on the TAC for private gain.
11. Members shall always act impartially and objectively and not give preferential
treatment to any organization or individual.
.12. Members shall not seek or accept any contract to provide services to the TAC for
a period of at· least six (6) months after termination of their membership on the
TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable
state, federal and local laws and regulations.
14.AII members shall participate in a TAC-sponsored Ethics Training bienr:,ially.
15. Members shall endeavor to avoid any actions or statements that violate, or that
create the appearance that they are violating, the law or any ethical standards
set forth in this Attachment.
5/6/13 29
218
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5
PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT
TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting
Agent are different PARTIES./ ,
1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish
the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the
Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take
appropriate actions consistent with the Annual Workplan and Budget, including but not limited
to, the following: ·
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the
Contracting Agent on a specified schedule. The schedule may call for annual, quarterly,
or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent
to the Contracting agent if circumstanc~s change during the year, or if there are other
reasons to do so.
C. In the event the IC directs a change in the scope of work for an existing Outside
Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to
transfer additional funds to the Contracting Agent to pay for the amended scope of
work.
3. In the event the Fiscal Agent is also serving as the Ac;jministrator, the IC shall direct the
Fiscal Agent to transfer funds to th_e Contracting Agent for payment of the Administrator. The
Contracting Ager:,t shall pay the Administrator pursuant to the contract executed between the
Contracting Agent and the Administrator.
4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC
may direct that PARTY to retain a specified amount of Countywide Funds to pay the
PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the ,
Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and
Budget as approved by the IC and the Commission. This includes paying the costs
specified in the approved Budget for the PARTY performing the duties of the ,
Administrator, the Fiscal Agent and the Contra'cting Agent, as well as carrying out the
duties of each.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in
funds due to changed conditions or circumstances, the Contracting Agent shall
immediately inform the IC and the Fiscal Agent and proceed according to the directions
of the IC.
7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall
make the required arrangements for an electronic transfer of funds or for preparation of
a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the
schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal
Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.
5/6/13 30
219
TAC MEMORANDUM OF AGREEMENT
9: At the end of the fiscal year, the IC will review the Year End Contract Status Report
from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the
Year-End Report from the Administrator. The IC may direct the Contracting Agent to
transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for
use in the following fiscal year. The Contracting Agent will promptly comply with the
directions of the IC.
10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent,
the Fiscal Agent shall acknowledge receipt of s'uch funds to the Contracting Agent and
shall note the transfer in the accounting records of the Fiscal Agent pursuant to
generally accepted government accounting procedures.
5/6/13 31
220
County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 300
San Jose, CA 95112
(408) 282-3180
Fax ( 408) 282-3188
DATE:
TO:
FROM:
RE:
September 2, 2014
Clerk of the Board
Lisa Rose 1--tJ
Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara County
Recycling and Waste Reduction Technical Advisory Committee, signed by each Party to the
Agreement. Please forward an executed copy to me (electronically) and I will distribute to each
of the cities. Please contact me at 408-282-3166 or lisa.rose@aem.sccgov.org if you have any
questions.
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith 221
EXHIBIT B
Composting Education Program Jurisdiction Contributions
Fiscal Years 2025-2027
Jurisdiction
2024
Population*
% of Santa Clara
County
Population
FY 25-26
Jurisdiction
Contribution***
FY 26-27
Jurisdiction
Contribution***
Jurisdiction Total for
Term of the MOU
$147,000 **
Cupertino 59,471 3.12%$4,593.45 $4,593.45 $9,186.90
Gilroy 61,033 3.21%$4,714.09 $4,714.09 $9,428.18
Morgan Hill 46,384 2.44%$3,582.61 $3,582.61 $7,165.22
Mountain View 86,535 4.55%$6,683.83 $6,683.83 $13,367.66
Palo Alto 67,973 3.57%$5,250.13 $5,250.13 $10,500.26
San Jose 969,491 50.94%$74,881.95 $74,881.95 $149,763.90
Santa Clara 132,048 6.94%$10,199.18 $10,199.18 $20,398.36
Unincorporated 90,467 4.75%$6,987.53 $6,987.53 $13,975.06
PROGRAM TOTAL 1,513,402 79.52%$116,892.77 $116,892.77 $233,785.54
SCC County Population 1,903,198
****The total MOU amount decreased by 0.01 cent to resolve rounding variance.
***Jurisdictions will provide the full contribution amount for each fiscal year.
COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION
*Source: State of California, Department of Finance https://dof.ca.gov/forecasting/demographics/estimates/e-4-population-estimates-for-cities-counties-and-the-
state-2021-2024-with-2020-census-benchmark/
** $147,000.00 was the Composting Education Program's initial cost of service to implement a Countywide Program that assumed participation from all
16 jurisdictions within the County.
222
EXHIBIT C
JURISDICTION RESPONSIBILITIES
a) Coordinate with the assigned Program representative to promote Composting Education Program
Workshops and/or events via jurisdiction specific communication and outreach channels.
b) Assist the Program in securing workshop room locations equipped with adequate infrastructure
and materials for hosting Composting Education Program workshops.
c) Connect the Program with school contacts to schedule school events.
d) Participating jurisdictions shall submit the contribution amount and follow the funding terms
outlined in Exhibit C of the MOU.
e) Provide jurisdiction recycling and waste reduction collateral materials for the Program to
disseminate during events and workshops.
f) Make good faith efforts to communicate with the Program in a timely manner to ensure successful
coordination of workshops and/or events.
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Composting Education Program
Fiscal Year 2026 and Fiscal Year 2027 Scope of Work
Updated July 17, 2025
The Composting Education Program (Program) is a vital initiative that directly supports the
county’s waste reduction goals by engaging the community in sustainable waste management
practices. This scope of work outlines services from University of California Cooperative
Extension (UCCE) Santa Clara Composting Education Program for FY 25-26 and FY 26-27 based
on the following funding commitments from participating jurisdictions.
For FY 25-26 and FY 26-27, the Compost Education Program will be funded by multi-
jurisdictions through an MOU managed by the City of Morgan Hill. To ensure program
continuity and honor commitments for workshops already scheduled and promoted, the
University of California Cooperative Extension will continue conducting the program from July
1, 2025, even before the MOU is executed. UCCE will cover program costs during this interim
period and will be reimbursed retroactively from the agreement to July 1, 2025, once the MOU
is in place. Under the terms of the MOU the Program will receive payment for the entire amount
listed below for both fiscal years under this funding schedule.
The Program’s scope of work to provide services Countywide was initially proposed at
$147,000, however the total amount for services reflected in the table below is modified to
remove the cost contributions from jurisdictions that have opted not to participate in the multi-
jurisdictional Composting Education Program. The updated scope of work and Program cost
accounts for services that will only occur in the jurisdictions that participate in the MOU.
Each jurisdiction’s cost contribution amount listed in the table below is based on the percentage
of the Santa Clara County population that resides in each participating jurisdiction and the
percentage of the jurisdiction population is divided into the initial Countywide Program cost for
services at $147,000. The population was exported from the California Department of Finance
for 2024.
224
This MOU’s funding will support 0.5 FTE program coordinator. The program is also supported
by UCCE staff including the Organic Waste Management Advisor and Master Gardener
Program Coordinator. The UCCE Organic Waste Management Advisor will provide academic
oversight ensuring that information disseminated by the Master Composter volunteers is science-
based. The Advisor will also develop curriculum and training materials for Master Composter
Volunteers and contribute to evaluation of the program. The Master Gardener Program
Coordinator will oversee training and continuing education for Master Composter volunteers and
support the program coordinator in program reporting.
Annual Deliverables for each FY 25-26 and FY 26-27
The following deliverables will be completed each fiscal year during the two-year program period:
Task 1: Educational Outreach and Workshops
1a: Workshop Delivery
● Conduct at least 25 workshops annually (including up to 4 online workshops and 2
workshops in Spanish), approximately split up as follows:
▪ i. South County (Gilroy-Morgan Hill) 2-3 workshops
▪ ii. West Valley (Cupertino) 2-3 workshops
▪ iii. San Jose 8 -12 workshops
▪ iv. North County (Palo Alto, Mountain View) 4 - 6 workshops
▪ v. Central (Santa Clara) 3-6 workshops
● Schedule and promote workshops in participating jurisdictions.
▪ An annual workshop schedule will be created at the beginning of the fiscal year.
COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION
Jurisdiction 2024
Population
% of Santa
Clara
County
Population
FY 25-26
Jurisdiction
Contribution
FY 26-27
Jurisdiction
Contribution
Jurisdiction Total
for MOU Term
Cupertino 59,471 3.12% $4,593.45 $4,593.45 $9,186.89
Gilroy 61,033 3.21% $4,714.09 $4,714.09 $9,428.18
Morgan Hill 46,384 2.44% $3,582.63 $3,582.63 $7,165.25
Mountain View 86,535 4.55% $6,683.83 $6,683.83 $13,367.65
Palo Alto 67,973 3.57% $5,250.13 $5,250.13 $10,500.25
San Jose 969,491 50.94% $74,881.95 $74,881.95 $149,763.90
Santa Clara 132,048 6.94% $10,199.18 $10,199.18 $20,398.36
Unincorporated 90,467 4.75% $6,987.53 $6,987.53 $13,975.06
PROGRAM
TOTAL $116,892.77 $116,892.77 $233,785.54
SCC County
Population 1,903,198
225
▪ Workshop educator’s name will be shared with the jurisdiction one week prior to the
workshop.
● Request workshop participants complete workshop evaluation and survey after each
workshop.
● When possible, we will coordinate workshops with the San Jose Community Composting
Network, a partnership between the North Santa Clara Resource Conservation District,
Valley Verde, and the San Jose Conservation Corps + Charter School, with the goal of
expanding community composting and food waste collection services and providing free
compost to urban farmers in underserved communities.
2a: Community Engagement
● Participate in 15 community events across participating jurisdictions
▪ Community events may include:
▪ Plant and Pollinator Day (San Jose)
▪ Eco Fair (Santa Clara)
▪ Pomeroy Community Garden Day (Santa Clara)
▪ Master Gardener Spring Market Garden (San Jose)
▪ Earth Day Events (Cupertino)
▪ Santa Clara County Fair (San Jose)
▪ Martial Cottle Park Harvest Festival (San Jose)
▪ Health and Wellness Resource Fair (Morgan Hill)
● Host 6 Community Composting Workdays open to the public
3a: School Composting Education and Support
● Support at least 10 kindergartens through 12th grade (K-12) school events in participating
jurisdictions, by request from schools and UCCE nutrition education programs
● Provide direct outreach to at least 1,500 students or other youth annually, by request from
schools and UCCE nutrition education programs
● Support installation of compost systems in up to 5 K-12 schools annually, by request from
schools and UCCE nutrition education programs
Task 2: Technical Support and Services
2a. Direct Assistance
● Provide direct technical support to residents and organizations on composting and organic
materials management:
▪ Referrals
▪ Online requests at https://cesantaclara.ucanr.edu/Home_Composting_Education/
▪ Rotline phone number 408 918 4640; callers are directed to online resources
reducewaste.org and calls are answered. Information is provided on workshops, bin sales, trash
sorting, and composting. Voicemail messages are answered within two business days.
Technical assistance may range from answering simple inquiries, to conducting
feasibility studies and designing compost systems.
2b.Resource Distribution
● Facilitate sale of compost bins to workshop attendees and other qualifying customers
226
▪ Research and if available, provide options of 2 compost bins and 2 worm compost bins
for distribution.
● Direct all attendees and education partners to the ReduceWaste hub (reducewaste.org) for
countywide information on services, programs, and resources (including HHW, Green
Business, TAC, and others)
Task 3: Program Development and Expansion
3a. Regulatory Compliance Outreach
● Provide outreach on SB 1383 requirements, organic waste recycling, food waste reduction,
and curbside collection at each workshop specific for each jurisdiction.
3b. Demonstration Site Operation and Enhancement
● Further develop the Community Composting Demonstration Site at Martial Cottle Park for
▪ Compost production demonstrating composting different materials, and the application of
traditional and innovative methods and tools
▪ Providing compost to community members or organizations, developing a
distribution process
▪ Providing community workdays for residents to gain experience working with various
types of composting systems
3c. Master Composter Volunteer Training
Continuing Education for Master Composters, including:
▪ Coordinating expert guest lecturers
▪ Coordinating with waste management experts regionally
▪ Training Master Composter Volunteers to provide value in classes, events, and their
communities
▪ Master Composter Initial Training (FY 25-26 only)
Conduct an initial training course to develop new Master Composters every other
year
Task 4. Reporting and Documentation
4a. Quarterly Reporting
● Submit quarterly reports and an annual report to TAC containing:
▪ Data on number of workshops and events (including a list of events attended and their
locations by City)
▪ Number of people served by each city
▪ Number of online requests and call handled
▪ Website analytics
▪ Social media analytics
▪ Estimates of impact including changes in waste management practices of program
participants
4b. Annual Reporting
• Summary of all measurements and assessments collected throughout the year
• Compilation of data by city reported quarterly
227
• Any data collected from longitudinal surveys to assess waste diversion and compost
activities
Sheila Barry, County Director, UCCE Santa Clara
(408) 438-8791
sbarry@ucanr.edu
228
CITY OF CUPERTINO
Agenda Item
25-14325 Agenda Date: 10/7/2025
Agenda #: 15.
Subject: Study Session on amendments to Audit Committee Duties, Powers, and Responsibilities
Conduct study session on the Audit Committee’s recommendation to amend Municipal Code Section
2.88.100 to reflect the following changes:
1.Change the committee’s name to “Audit and Finance Committee.”
2.Modify Section 2.88.100(g) to read: “To review the City’s internal controls and internal audit
reports.”
3.Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s financial
reporting, internal controls over financial reporting, risk management, and compliance.”
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Study session on amendments to Audit Committee Duties, Powers, and Responsibilities
Recommended Action
Conduct study session on the Audit Committee’s recommendation to amend Municipal
Code Section 2.88.100 to reflect the following changes:
1. Change the committee’s name to “Audit and Finance Committee.”
2. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and
internal audit reports.”
3. Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s
financial reporting, internal controls over financial reporting, risk management,
and compliance.”
Background
On May 20, 2025, the City Council directed the Audit Committee to consider amendments
to its scope of duties and recommend changes for Council’s consideration. Following this
directive, the Audit Committee engaged in a series of discussions, informed by
Government Finance Officers Association (GFOA) best practices and input from the City’s
internal auditors, Baker Tilly.
During the July 28th, 2025, meeting, the Audit Committee unanimously voted to
recommend three specific changes to its duties, powers, and responsibilities: (1) renaming
the committee as the “Audit and Finance Committee” to reflect its broader oversight role,
(2) clarifying Section 2.88.100(g) to ensure clear oversight of the City’s internal controls
and audit reports, and (3) adding a new provision related to the review of artificial
intelligence as it relates to financial management, internal controls, risk, and compliance.
The Audit Committee’s duties were last updated in February 2023 following a
comprehensive review of City commissions and committees. Those updates streamlined
oversight functions and adjusted reporting frequencies, and since then, the committee has
operated efficiently under its revised structure.
230
Analysis
The proposed amendments are intended to modernize the committee’s scope and align it
with evolving best practices in public sector financial oversight. Specifically:
- Name change: Renaming the committee as the “Audit and Finance Committee”
signals its role in both financial and audit-related oversight.
- Section 2.88.100(g): Clarifying this section strengthens accountability around the
City’s system of internal controls while maintaining existing oversight of internal
audit reports.
- Section 2.88.100(i): Adding this new duty recognizes the increasing use of artificial
intelligence tools in financial reporting, internal controls, risk management, and
compliance, and ensures the committee remains equipped to evaluate emerging
risks and opportunities.
Next Steps
With Council direction, staff will prepare amendments to Municipal Code Section 2.88.100
for Council consideration. The proposed ordinance is tentatively scheduled for first
reading on October 21, 2025, with second reading on November 4, 2025. The ordinance
will take effect 30 days after the second reading, on December 4, 2025.
Sustainability Impact
No sustainability impacts.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
None
City Council Goal
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services and City Treasurer
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Municipal Code - Chapter 2.88 Audit Committee
231
CHAPTER 2.88: AUDIT COMMITTEE
2.88.010 Established–Composition.
A. The Audit Committee of the City is established. The Audit Committee shall
consist of five members as follows:
1. Two City Council members;
2. A minimum of Two and a maximum of three at large members who are not
officials or employees of the City nor cohabit with, as defined by law, nor
be related by blood or marriage to, any member of the committee, the City
Manager or the staff person or persons assigned to the committee.
(Ord. 1913, (part), 2003; Ord. 1874, § 1 (part), 2001; Ord. 1679, § 1 (part), 1995)
2.88.020 At Large Member–Qualifications.
An Audit Committee at large member is not required to be a Cupertino resident. In
selecting an at large member, the City Council shall give priority to individuals who have
substantial accounting, audit, or investment experience, preferably in connection with a
governmental agency.
(Ord. 1913, (part), 2003; Ord. 1874, § 1 (part), 2001; Ord. 1679, § 1 (part), 1995)
2.88.030 Terms of Office.
A. Audit Committee members serve at the pleasure of the City Council. The term of
office of the members of the Audit Committee shall be for four years commencing
on the date of their respective appointments to the Audit Committee and shall
end on January 30th of the year the terms are due to expire. No Audit Committee
member shall serve more than two consecutive terms unless he or she has been
appointed to the committee to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Audit Committee are governed by the Resolution of the City Council which
governs advisory bodies.
(Ord. 18-2180, § 10 (part), 2018; Ord. 1974, § 1, 2006; Ord. 1679, § 1 (part), 1995)
2.88.040 Members–Vacancy Prior to Expiration of a Term.
232
If a vacancy occurs other than by expiration of a term, it shall be filled by the City
Council’s appointment for the unexpired portion of the term.
(Ord. 1679, § 1 (part), 1995)
2.88.050 Chairperson.
The committee shall elect its chairperson and vice chairperson from among its members
and shall appoint a secretary. Terms of the chairperson and vice chairperson shall be for
one year. Upon approval of the City Council, the City Manager may appoint a secretary
who need not be a member of the committee.
(Ord. 2015, § 1, 2008; Ord. 1679, § 1 (part), 1995)
2.88.060 Meetings.
A. The Audit Committee shall establish a regular time and place of meeting and
rules of conduct thereof and shall hold at least one regular meeting quarterly.
B. A majority of the Audit Committee shall constitute a quorum for the purpose of
transacting the business of the committee.
(Ord. 1679, § 1 (part), 1995)
2.88.070 Compensation–Expenses.
Members shall serve on the Audit Committee without compensation, but all necessary
expenses reasonably incurred by them while acting in their official capacity shall be paid
by appropriate action of the City Council.
(Ord. 1679, § 1 (part), 1995)
2.88.080 Majority Vote Required.
A majority vote of the quorum is required to approve a recommendation on any matter
that is presented to the committee which requires a vote.
(Ord. 1679, § 1 (part), 1995)
2.88.090 Records.
233
The committee shall keep an accurate record of its proceedings and transactions and
shall render such reports to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
(Ord. 18-2180, § 10 (part), 2018; Ord. 1679, § 1 (part), 1995)
2.88.100 Duties–Powers–Responsibilities.
The powers and functions of the Audit Committee shall be as follows:
A. To review the annual audit report and management letter;
B. To recommend appointment of auditors;
C. To review the Quarterly Treasurer’s investment report;
D. To recommend a budget format;
E. To review City investment policies and internal controls of such policies;
F. To recommend appointment of internal auditors;
G. To review internal audit reports;
H. To review quarterly Fraud, Waste, and Abuse Program reports.
(Ord. 23-2247, § 1 (part), 2023; Ord. 22-2243, § 1, 2022; Ord. 20- 2208, § 1, 2020; Ord.
1679, § 1 (part), 1995)
2.88.110 City Staff Assistance.
The Audit Committee shall have available to it such assistance of City staff as may be
required to perform its functions, the staff assignments and administrative procedures to
be under the general direction and supervision of the Director of Administrative
Services.
(Ord. 1679, § 1 (part), 1995)
2.88.120 Procedural Rules.
The Audit Committee may adopt from time to time such rules of procedure as it may
deem necessary to properly exercise its powers and duties. Such rules shall be subject
to approval by the Council before becoming effective. All such rules shall be kept on file
234
with the chairperson of the Audit Committee, the Mayor, and the City Clerk and a copy
thereof shall be furnished to any person upon request.
(Ord. 1679, § 1 (part), 1995)
2.88.130 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any powers of the
City Council or City officers.
(Ord. 1679, § 1 (part), 1995)
235
CITY OF CUPERTINO
Agenda Item
25-13775 Agenda Date: 10/7/2025
Agenda #: 16.
Subject:Consider Municipal Code Amendments for consistency with Senate Bill 450 and minor text
edits,amending multiple chapters of the Municipal Code.(Application No.:MCA-2024-004;
Applicant: City of Cupertino; Location: Citywide)
That the City Council:
1.Conduct the first reading of Ordinance No.25-2277 “An Ordinance of the City Council of the
City of Cupertino amending Chapters 14.15 (Landscape),14.18 (Protected Trees),18.20 (Parcel
Maps),18.52 (Hillside Subdivisions),19.08 (Definitions),19.12 (Administration),19.16
(Designation and Establishment of Districts),19.28 (Single Family R1 Zones),19.36 (Multiple-
Family R3 Zones),19.38 (Multiple-Family R4 Zones),19.40 (Residential Hillside RHS Zones),
19.44 (Residential Single-Family Cluster R1C Zones),19.46 (Townhomes TH Combining
District),19.60 (General Commercial CG Zones),19.100 (Accessory Structures),19.102 (Glass
and Lighting),19.104 (Signs),19.124 (Parking),and 19.132 (Sale of Alcoholic Beverages and
Gasoline)of the Municipal Code regarding consistency with Senate Bill 450 and minor text
edits.”; and
2.Find that the proposed actions are exempt from CEQA.
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
SUBJECT
Consider Municipal Code Amendments for consistency with Senate Bill 450 and minor
text edits, amending multiple chapters of the Municipal Code. (Application No.: MCA-
2024-004; Applicant: City of Cupertino; Location: Citywide)
RECOMMENDED ACTIONS
That the City Council:
1. Conduct the first reading of Ordinance No. 25-____: “An Ordinance of the City
Council of the City of Cupertino amending Chapters 14.15 (Landscape), 14.18
(Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08
(Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of
Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38
(Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones), 19.44
(Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining
District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures),
19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of
Alcoholic Beverages and Gasoline) of the Municipal Code regarding consistency
with Senate Bill 450 and minor text edits.”; and
2. Find that the proposed actions are exempt from CEQA.
REASONS FOR RECOMMENDATION
Background
On September 16, 2021, Senate Bill 91 (“SB 9”) was signed into law which added Sections
65852.21 and 66411.7 to the California Government Code. These new sections required
that cities ministerially approve up to two units and a two-lot subdivision in single-family
zoning districts. SB 9 initially allowed jurisdictions to adopt objective zoning,
subdivision, and design standards for SB 9 projects when those standards did not
1 Senate Bill No. 9 (Original Bill Text):
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9
237
MCA-2024-004
October 7, 2025 Amendments to Cupertino Municipal Code Page 2
preclude a two-lot subdivision or the construction of up to two, 800-square-foot units
with four-foot side and rear setbacks.
In 2022, the City Council adopted Ordinance 22-22462 to incorporate objective standards
for SB 9 projects into the Municipal Code. The standards were created with the intent of
maintaining privacy protections and residential design guidelines to encourage orderly
development of SB 9 projects that require ministerial review, allow for reduced side and
rear setbacks, and increase the number of residences allowed on a property.
In October 2024, Senate Bill 4503 (“SB 450”) was signed into law and went into effect on
January 1, 2025. The bill modified California Government Code Sections 65852.21 and
66411.7 (SB 9) by:
a. Establishing a 60-day processing timeline for cities;
b. Updating requirements for demolition and environmental findings; and
c. Limiting the City’s ability to apply development standards to SB 9 projects that are
not generally applied to development in the same zoning district.
SB 450 prohibits cities from implementing specific zoning, subdivision, or design
standards for SB 9 projects that are not uniformly applicable to development in the
underlying zoning district. As such, the City may only apply objective zoning,
subdivision, and design standards to SB 9 projects if those standards are applicable to or
more permissive than standards within the underlying zone. Therefore, many of the
City’s existing objective SB9 standards, adopted in 2022, are no longer enforceable on SB
9 projects.
Attachments A and B present proposed amendments to the Municipal Code to address
changes under SB 450 as well as minor clean-up amendments such as typographical
corrections and reference updates. Removed text is shown as a red strike-through, new
text shown as a red underline, and moved text shown as green strike -through and
underline text.
Analysis – SB 450 Changes
To address changes made to SB 9 processing under SB 450, staff has drafted amendments
to the requirements for both single-family residential developments and SB 9 projects.
The proposed amendments would move design standards currently applicable only to
SB 9 projects and make them uniformly applicable to development in the underlying R-
2 Cupertino City Council Ordinance 22-2246:
https://records.cupertino.org/WebLink/DocView.aspx?id=1045883&dbid=0&repo=CityofCupertino
3 Senate Bill No. 450 (Original Bill Text):
https://legiscan.com/CA/text/SB450/id/2839503
238
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October 7, 2025 Amendments to Cupertino Municipal Code Page 3
1 and RHS Residential zones and revise existing single-family design standards to make
them more objective. The following provides an overview of the proposed changes, based
on the Municipal Code chapters affected.
Chapter 18.20 – Parcel Maps
An additional section has been added to incorporate subdivision standards for two-lot
subdivisions in Single-Family Residential zones (i.e. R1 and RHS). These standards were
previously included in the R1 and RHS chapters for subdivisions under SB 9. Under the
new section, these standards would apply to all two-lot subdivisions in the R1 and RHS
zoning districts. This new section would also be referenced in the existing section for SB
9 subdivisions to aid in a more consistent and transparent application of these standards.
Chapter 18.52 – Hillside Subdivisions
A reference to the newly added section in Chapter 18.20 for two-lot subdivisions in
Single-Family Residential zones has been added.
Chapter 19.08 – Definitions
Definitions of “Front Entry Porch” and “Porch” have been proposed to ensure that there
is a consistent and objective application of standards related to entry feature
encroachment into the front yard setback area and the design of front entry features.
Chapter 19.28 – Single-Family Residential (R1) Zones
The development standards for R-1 zoned properties have been updated to reflect
changes to State law made through SB 450. This includes expanded development
requirements for all R-1 developments that were previously applicable only to SB 9
developments and subdivisions. As required by State law, newly proposed or modified
standards are objectively worded.
Where possible, the standards for SB 9 subdivisions have been relocated to the newly
incorporated section for two-lot subdivisions in Chapter 18.20. Standards which
previously restricted the size of living space, grade change based on lot slope, basements,
and balconies for SB 9 developments have been removed.
If adopted, the following standards that were previously only applicable to SB 9
developments would now be applied to all R-1 developments:
a. Grading limitations for development proposed on building pads/graded areas
with slopes equal to or greater than 20%.
b. Development requirements for properties with an average slope greater than 10%
or development on slopes equal to or greater than 30% to comply with some
sections for Residential Hillside development.
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MCA-2024-004
October 7, 2025 Amendments to Cupertino Municipal Code Page 4
c. Development requirements for driveways, curb cuts, public improvements, and
easements.
d. Building requirements for a second story building envelope and designated refuse
area.
e. Landscaping requirements for front yard and privacy screening trees.
f. Design requirements for maximum visible garage width, front entry features,
private open space, accessory structures, and architectural features and materials.
g. Prohibition of exterior stairways to second floors of residences.
Chapter 19.40 – Residential Hillside (RHS) Zones
The development standards for RHS zoned properties have been updated to reflect
changes to State law made through SB 450. This includes expanded development
requirements for all RHS developments that were previously applicable only to SB 9
developments and subdivisions. As required by State law, newly proposed or modified
standards are objectively worded.
Where possible, the standards for SB 9 subdivisions have been relocated to the newly
incorporated section for two-lot subdivisions in Chapter 18.20. Standards which
previously restricted the size of living space, grade changes based on lot slope,
development of more than 500 square feet on slopes exceeding 30%, development within
trail linkages and Public Open Spaces, views onto neighboring properties, extension of a
non-conforming wall plane, basements, and balconies for SB 9 developments have been
removed.
The following standards that were previously only applicable to SB 9 developments will
now be applied to all R1 developments:
a. Additional grading and visible wall-face limitations.
b. Development requirements for off-site improvements and designated refuse
areas.
c. Design requirements for maximum visible garage width, roof overhangs, front
entry features, private open space, accessory structures, and architectural features
and materials.
An additional modification to Section 19.40.060 is proposed to address an inadvertent
change to standards for floor area allowances on lots less than 10,000 square feet in size
which would affect the floor area limitations for SB 9 projects. The standard, which is
being reintroduced through these amendments, requires parcels that are less than 10,000
square feet in size to limit floor area to 45% of the lot area, rather than using the slope
adjustment formula that is applied to lots greater than 10,000 square feet.
240
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October 7, 2025 Amendments to Cupertino Municipal Code Page 5
Analysis – Ordinance Clean-Up
Staff has proposed amendments to the following chapters of the Municipal Code, solely
to be consistent with State law, to correct minor text edits such as misspellings and typos,
to update references, and to ensure internal Code consistency affecting the following
Code sections: 14.15 - Landscape, 14.18 - Protected Trees, 19.08 - Definitions, 19.12 -
Administration, 19.16 - Designation and Establishment of Districts, 19.36 - Multiple-
Family R3 Zones, 19.38 - Multiple-Family R4 Zones, 19.44 - Residential Single-Family
Cluster R1C Zones, 19.46 - Townhomes TH Combining District, 19.60 - General
Commercial CG Zones, 19.100 - Accessory Structures, 19.102 - Glass and Lighting, 19.104
- Signs, 19.124 - Parking, and 19.132 - Sale of Alcoholic Beverages and Gasoline.
Please note that, consistent with the Planning Commission’s unanimous
recommendations (see below), these clean-up amendments do not include any edits to
introduce or modify standards to better align with internal policies and practices.
Analysis – Planning Commission Discussion
On September 9, 20254, the Planning Commission met to discuss the proposed
amendments to the Municipal Code. At the time of the Commission’s hearing, staff had
included proposed amendments related not only to updates to conform with SB 450 and
minor text edits, but also to introduce or modify standa rds to better align with internal
policies and practices. While the Commission discussed these proposed Code
amendments related primarily to the peer review of arborist reports, permit expiration
timeframes, residential demolition restrictions, new Code definitions, and tree
replacement requirements, the Commission stated that number and scope of the
proposed amendments warranted more detailed consideration on their part and that the
Commission would, therefore, like to consider proposed Code amendments, ot her than
those related to SB 450 conformance or the correction of typos, by topic, at future Planning
Commission meetings.
Following their discussion, the Commission, in a 5 -0 vote, recommended the Council
adopt only the proposed Municipal Code amendments related to SB 450 and minor text
edits. Based on the Commission’s unanimous vote, staff has removed previously
proposed amendments unrelated to SB 450 compliance, minor text edits to correct typos,
updated references, and ensuring internal Code consistency. Staff also made two other
minor changes to the ordinance to relocate a standard and remove a duplicate reference
to a standard occurring in Chapter 19.28. Attachment D provides a copy of the resolution
4 Staff report and attachments available online at:
https://cupertino.legistar.com/LegislationDetail.aspx?ID=7648693&GUID=DCD93C2F -B459-4A4D-B8A7-
5BD3D53FF8C6&Options=&Search=
241
MCA-2024-004
October 7, 2025 Amendments to Cupertino Municipal Code Page 6
presented to Planning Commission with sections removed or modified marked with a
yellow highlight.
SUSTAINABILITY IMPACT
No sustainability impact.
FISCAL IMPACT
No fiscal impact.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed ordinance revisions are not a project within the meaning of section 15378
of the California Environmental Quality Act (“CEQA”) Guidelines because they have no
potential for resulting in physical changes in the environment, either directly or indirectly
and are adopted to implement provisions of California Government Code Sections
65852.21 and 66411.7; and 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 of a s ignificant
effect on the environment.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice of Public Hearing, Site Notice
& Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice
bulletin board (five days prior to hearing)
Posted on the City of Cupertino’s Web
site (five days prior to hearing)
PUBLIC COMMENTS
As of the posting of this staff report, no public comments have been received.
NEXT STEPS
Staff expects to bring the final Municipal Code amendments to the City Council for its
second reading of the ordinance on October 21, 2025. If approved, the standards would
go into effect on November 21, 2025.
Prepared by: Emi Sugiyama, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
242
MCA-2024-004
October 7, 2025 Amendments to Cupertino Municipal Code Page 7
Attachments:
A – Draft Ordinance
B – Proposed Amendments (redlines with annotations)
C – Planning Commission Resolution (Signed)
D – Changes Made to Exhibit A
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Page 1 of 45
ORDINANCE NO. 25-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CITY CODE CHAPTERS 14.15, 14.18, 18.20,
18.52, 19.08, 19.12, 19.16, 19.28, 19.36, 19.38, 19.40, 19.44, 19.46, 19.60, 19.100,
19.102, 19.104, 19.124, AND 19.132 OF THE MUNICIPAL CODE FOR
CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS
The City Council of the City of Cupertino finds that:
WHEREAS, on September 16, 2021, the Governor of the State of California signed into law
Senate Bill No. 9, “An act to amend Section 66452.6 of, and to add Section 65852.21 and
66411.7 to, the California Government Code,” which required ministerial approval of
housing developments of up to two units in a single-family zoning district, the
subdivision of parcels zoned for single-family use into two parcels, or both.
WHEREAS, on September 19, 2024, the Governor of the State of California signed into law
Senate Bill No. 450, “An act to amend Sections 65585, 65852.21, and 66411.7 of the
California Government Code, relating to land use.”
WHEREAS, Senate Bill No. 450 established a 60-day timeline for local agency review and
action and updated requirements for demolition and environmental findings.
WHEREAS, Senate Bill No. 450 further prohibited the imposition of non-uniform objective
zoning, design, and subdivision standards on projects proposed under Sections 65852.21
and 66411.7 of the California Government Code, unless more permissive than applicable
standards within the underlying zone and specified that objective zoning, design, and
subdivision standards must relate to parcel design and improvements.
WHEREAS, on November 15, 2022, the City Council voted to adopt Ordinance 22-2246 to
incorporate standards for ministerial approval of duplexes and lot splits in single-family
residential districts, in response to Senate Bill No. 9.
WHEREAS, certain zoning, design, and subdivision standards introduced through
Ordinance 22-2246 are inconsistent with Sections 65852.21 and 66411.7 of the California
Government Code, as amended by Senate Bill No. 450.
WHEREAS, the City Council desires to have objective standards that are clear and
understandable to ensure orderly development and are consistent with State law; and
WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to
clarify the development standards to be applied to two-lot subdivisions and duplex
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Page 2 of 45
development, and include minor clean up items including typographical and reference
fixes; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public health,
safety, convenience, and general welfare; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on September 9, 2025 to consider the Ordinance; and
WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission
recommended on a unanimous (5-0-0) vote that the City Council adopt the proposed
Municipal Code Amendment to clarify development standards; and
WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one
public hearing to consider the Municipal Code Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance.
WHEREAS, the City Council finds the following:
1. That the proposed amendments are in accord with the Municipal Code and the City's
Comprehensive General Plan.
The proposed amendments are in conformance with the General Plan since the General Plan
indicates that design regulations and guidelines for single-family development should be
maintained and updated to address neighborhood compatibility and visual and privacy impacts
(Strategy LU-27.1.1) and that zoning and subdivision standards should consider the need to
preserve neighborhood lot patterns (Policy LU-27.7). The proposed amendments make changes
to design and subdivision standards to allow for a consistent application of standards throughout
single-family residential neighborhoods.
2. The proposed amendments are in compliance with the provisions of the California
Environmental Quality Act ( CEQA).
Pursuant to California Government Code Sections 65852.21 and 66411.7, an ordinance adopted
to implement Sections 65852.21 and 66411.7 shall not be considered a projec t under Division
13 (commencing with Section 21000) of the Public Resources Code.
3. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
proposed zoning designation and anticipated land use development.
The proposed amendments will apply to all single-family zoned properties within the city. The
proposed amendments will not result in standards that would limit site access or provisions of
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utilities. Furthermore, the proposed amendments would ensure the compatibility of new
development within single-family residential zones by ensuring that all development within
these zoning districts adheres to the same standards, where not otherwise prohibited by State
law.
4. The proposed amendments will promote orderly development of the City.
The proposed amendments align zoning, design, and subdivision standards with the City’s
General Plan land use goals and policies related to orderly development within single-family
residential districts. The proposed amendments would ensure compatibility of new development
within single-family residential zones by ensuring that all development within these zoning
districts adheres to the same standards, where not otherwise prohibited by State law.
5. That the proposed amendments are not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed are not detrimental to the health, safety, peace, morals, and general welfare since
the proposed amendments further apply existing standards of the Municipal Code to promote
orderly development.
6. The proposed amendments are internally consistent with this title.
The proposed ordinance is internally consistent with the Cupertino Municipal Code and
incorporates minor amendments where needed to ensure continued consistency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
The Cupertino Municipal Code is further amended as set forth in Exhibit 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
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Page 4 of 45
construed as continuations of those provisions and not as an amendment to or readoption
of the earlier provisions.
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 and is adopted to
implement provisions of California Government Code Sections 65852.21 and 66411.7. 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 t he environment,
the activity is not subject to CEQA. In this circumstance, the amendments to the City Code
would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 7, 2025
and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025
by the following vote:
Members of the City Council
AYES:
NOES:
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Page 5 of 45
ABSENT:
ABSTAINED:
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
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EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE FOR CONSISTENCY
WITH SENATE BILL 450 AND MINOR TEXT EDITS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Chapter 14.15
1. Update to Section 14.15.020 (A) (1) – Table 14.15.020:
Type of Permit Total
Landscape
Area
Requirement
Building Permits
New home in R1, RHS, A1 or
R2 Zones
< 500 s.f.
Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.
14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Planning Permit or Grading Permit
New home in R1, RHS, A1 or
R2 Zones
<500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.
14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
< 2,500 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.
14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
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Any landscape installation or
rehabilitation project
< 2,500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
New and rehabilitated
cemeteries >0 s.f.
Water Budget Worksheet (Appendix
B)
Landscape and Irrigation
Maintenance Schedule (Sec.
14.15.120)
Landscape Installation Report (Sec.
14.15.130)
Existing and established
landscapes, including
cemeteries
>1 acre
Water Budget Worksheet (Appendix
B)
Audit of Established Landscapes
(Sec. 14.15.150)
Chapter 14.18
2. Update Section 14.18.160.
Diameter of Trunk Size of Removed Tree (Measured
4½ feet above grade) Replacement Trees
Up to 12 inches* One 24" box tree
Over 12 inches and up to 36 inches Two 24" box trees or One 36"
box tree
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
* Does not apply to R1, A1, A, RHS, and R2 zones except to approved development
trees, and approved privacy protection plantings.
Chapter 18.20
3. Add Section 18.20.180:
18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family
Residential Zones.
A. Lot Configuration
1. Single-
Family
Residential
Zones (R1)
a. No more than two new, non-curved property lines may be
added to create a new lot.
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b. Existing interior lots or pie shaped lots with either (i) 60
feet or more street frontage, or (ii) more than 75 feet of
street frontage and a lot depth of up to 145 feet, shall result
in a street frontage that is between 40-60% of the existing
street frontage of the lot being subdivided. Resulting lots
shall have a side-by-side orientation and shall not create a
landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75
feet of street frontage and a lot depth of more than 145
feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at
least 40% of the existing street frontage of the lot being
subdivided. Lots shall have a side-by-side orientation
and shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access
to the street. The buildable area of the flag lot shall
span the entire distance between the two side property
lines that intersect with the front property line of the
lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60
feet of street frontage shall result in one flag lot with access
to the street. The buildable area of the flag lot shall span
the entire distance between the two side property lines
that intersect with the front property line of the lot being
subdivided.
e. Existing flag lot subdivision shall result in lots in the same
orientation as the existing lot (i.e., the existing front lot line
must be the front lot line of the future lots and the existing
rear lot line shall be the rear lot line of the future lots) and
that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the
existing street side property line to create at least one front
lot line on that frontage.
2. Residential
Hillside
Zones (RHS)
a. Up to two new property lines may be added to create a new
lot and shall follow the contours of the property.
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b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or
curb cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last
five years, or if the percolation test has been recertified,
within the last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a
lot, closest to an existing driveway. Where no driveway
exists, building pads shall be identified on the flattest
portion of the lot, closest to the access road unless doing so
would result in a combined grading total greater than that
required for siting elsewhere on the lot.
e. No new or expanded structures shall encroach upon any
existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill
(including grading for building pad, yard areas, driveway,
all other areas requiring grading, and basements), except if
the original lot that was subdivided has already performed
prior grading, then the amount of grading that has
previously occurred shall be reduced from the maximum
grading quantity allowed cumulatively on the two
resulting lots.
4. Modify Section 18.20.170 (H):
H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In
addition to any applicable objective subdivision standards in this Title or the
Subdivision Map Act and the requirements of Government Code Section 66411.7,
a lot split approved pursuant to this Section must, to the maximum extent
permissible under Government Code Section 66411.7, comply with the objective
standards including but not limited to objective standards for urban lot splits set
forth in Sections 18.20.180, 19.28.060, and 19.40.050.
Chapter 18.52
5. Add Section 18.52.030 (B) (4):
B. Lot Configuration.
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4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot
subdivisions shall also apply the standards of Section 18.20.180.
Chapter 19.08
6. Update Section 19.08.030, “Bay Window” definition:
"Bay window" means a projecting window element that is not an extension of the
floor area and does not incorporate any usable space for seating or other purposes.
Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches, horizontally, from an
exterior wall;
c. Be a minimum of twenty-four inches from the finished floor;
d. Not create a projection of the floor;
e. Not occupy more than 50% of an interior wall face.
These limitations do not apply to bay windows which have been counted towards
floor area and meet required setbacks.
7. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than
50 square feet in area, located immediately adjacent to the primary entry of a
building for the purpose of providing pedestrian access from the outdoor ground
elevation to a building interior. If the platform portion of a front entry porch (not
including steps) is more than 50 square feet or has a proportionately greater width
than its height, the structure is considered a porch.
8. Update Section 19.08.030, “Lot” definition:
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or
bounded on two or more adjacent sides by street lines.
2. “Flag lot” means a lot with a long, narrow portion of the lot, or parcel of land not
otherwise meeting the requirement of this title for lot width that consists entirely
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of and provides the sole means of vehicular connection between the buildable area
of the lot and an abutting street.
3. “Interior lot” means a lot other than a corner lot or a flag lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side lot line of the corner lot, and fronting on the street which
intersects or intercepts the street on which the corner lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line
abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five
or more lot lines.
9. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately
adjacent to an entrance to a residential structure for the purposes of providing
pedestrian access from the outdoor ground elevation to a building interior and/or
private, recreational open space. A porch differs from a front entry porch or a front
entry feature, which has a proportionately greater height than its width and is less
than 50 square feet in area.
10. Update Section 19.08.030, “Useable Rear Yard” definition:
"Usable rear yard" means that area bounded by the rear lot line(s) and the rear
building line extended to the side lot lines. The side yard adjacent to a proposed
minor addition (e.g., addition equaling ten percent or less of the principal structure)
may be included in calculation of usable rear yard area.
11. Revise Appendix C of Chapter 19.08:
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sight Triangle (Sidewalk
Clearance at Driveways).
Chapter 19.12
12. Update Section 19.12.020 (A):
A. In the A, A1, R-1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28,
and Chapter 19.40;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R-1 zones identified in Section 19.28.040;
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4. Height Exceptions identified in Section 19.24.050(B)(3);
5. Hillside Exceptions identified in Section 19.40.070, Section 19.40.050, and
Chapter 19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48;
8. Variance to all other zoning regulations.
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13. Update portions of Table 19.12.030:
Type of Permit or
DecisionA, B
Administr
ative
ReviewA,B
Arts and
Culture
Commissi
on
Planning
Commissi
on
City
Council
Public
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing RadiusD Posted Site
Notice
Expir
ation
DateE
Chapter/
Findings
Development
Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.110
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 Years
19.156.040
Minor G F - A1 A2 PM Yes 2 Years
Conditional Use Permits
MajorF, H, I F - A1/F/R A1/ A2/F PH CA. Govt. Code
65905 Yes 2 years 19.156.040
Hillside Exception/
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.050,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.050
Parking
Exceptions I F - FA1 A1/A2 Varies M
19.12.110/
Adjacent/
300' N
Yes 1 year 19.124.060
Protected Trees
Tree Removal F - A1 A2 CP Adjacent, unless
exempt
Yes, unless
exempt 1 year 14.18.110
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14. Update footnote K of Table 19.12.030:
Minor Architectural and Site Approval application - single family home in a planned
development zoning district; minor building architectural modifications;
landscaping, signs or lighting for new development; permanent supportive housing
with up to 6 units subject to by-right processing as required by Government Code
Section 65650 et seq.; redevelopment or modification in such zones where review is
required; and minor modifications of duplex and multi-family buildings.
15. Update Section 19.12.110 (D) (1):
D. Notice of Comment Period: For projects requiring notice of a comment period,
notice shall be mailed in accordance with 19.12.110A(2) and A(3), fourteen
calendar days prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential,
the mailed notice shall include a copy of the site plan and elevation plans
of the proposed project, unless plans contain protected information, as
defined by California Government Code Section 65103.5.
Chapter 19.16
16. Update Section 19.16.060:
Whenever it is found that a lot or site is divided by a boundary between districts, the
provisions of the zoning regulations applicable within each district shall apply only
to the portion of this site situated in each separate district.
Chapter 19.28
17. Update Section 19.28.060:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet ii. the number multiplied by 1,000
square feet iii.10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting
lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than
1,200 square feet.
B. Minimum lot width (at
the front setback line) i. 50 feet ii. 60 feet iii. 75 feet
C. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project
approved pursuant to Chapter 19.28.150 shall be
occupied by non-hardscape landscaping
iii. Landscaping plans are required for all
additions or new homes. The purpose of
the landscaping is to beautify the
property and to achieve partial screening
of building forms from the street and
adjacent properties. Generally, the
landscaping may include shrubbery,
hedges, trees, or lattice with vines on
fences
iv. At least 50% of the front yard of any
project approved pursuant to Chapter
19.28.150 shall be occupied by non-
hardscape landscaping
D. Development proposed on building pads/graded area with slopes equal to or greater than 20%
1. Total site grading (cut
plus fill)2,3
i. 2,500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per
Section 19.28.040(G).
iii. Total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to
subdivision.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
Flat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500
square feet, not including the driveway, as calculated prior to any subdivision.
2. Fences See Chapter 19.48, Fence Ordinance
E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and
Sections 19.40.060(E), (H), (I) and (J).
F. Development (structures, improvements, or grading)
1. On actual slopes ≥ 30%
i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I)
and Sections 19.40.060 (E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning
Commission in accordance with section 19.40.080 of the RHS Ordinance.
iii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure
adequate drainage and access as demonstrated by a grading and drainage plan prepared by a
registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall
match the existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more
than 36 inches above finished grade.
G. On-site improvements
All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter,
curb cut, AC pavement, and underground utilities at the street as follows:
1. Detached pathway when a property on either side of the subject property has a detached
pathway;
2. Monolithic pathway when a property on either side of the subject property has a monolithic
pathway
3. When properties on either side of the subject property do not have a pathway, a pathway that
matches the pre-dominant pattern of pathways on the street, as determined by the City
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted
by City Council resolution.
4. The City Engineer shall adopt any objective standard necessary to implement the requirements of
this paragraph.
H. Curb Cuts
1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide curb cut
shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb
cuts, else, a shared driveway with no more than a two-car curb cut, may be provided.
2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of
more than 35 feet: a maximum of a two-car curb cut is permitted provided a distance of at least 22
feet is provided between existing and proposed driveway flares, else the curb cut shall be limited
to a one-car curb cut.
3. When a subdivision results in a flag lot, the two resulting lots shall share vehicular access off of
the access area of the resulting flag lot, unless one of the lots is an interior lot with at least 50 feet
of street frontage. A maximum two-car curb cut is permitted at the right-of way. No other curb
cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two-car curb cut shall be permitted.
5. On lots where an existing residence is retained on the site of a subdivision, an existing curb cut of
not more than 18 feet in width may remain when providing exclusive access to the existing
residence.
6. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.
7. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.
I. Driveways
1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a
maximum of 25 feet in width, comprising a minimum 16 -foot drive aisle and a minimum 2-foot-
wide landscaping planter on either side.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
2. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for the front lot shall be located in the rear 50% of the
property.
3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces
shall be in tandem.
5. Subparagraphs 3 and 4 do not apply to the flag lot access area.
6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress
easements, shall be recorded prior to final parcel map recordation.
7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
J. Easement and Covenants
1. Utility easements shall be recorded prior to final parcel map recordation.
2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior
to final map recordation.
K. Public Improvements
If no dedication was required for the creation of a lot, any future development project shall include
a dedication to accommodate the predominant public right-of-way, as determined by the City
Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter
and sidewalk, which shall be installed by the applicant at his or her expense.
L. Private Open Space
Each unit must provide at least 15% of the unit floor area as private open space on the first floor,
with no dimension less than 10 feet. Private open space shall not be located in the required front
yard setback area.
Notes:
1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be
used as building sites, provided that all other applicable requirements of this title are fulfilled.
2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring
grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a
driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity
allowed for that lot development.
3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following
requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest
possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which ca se,
the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All
such landscape areas shall be properly maintained.
(Continued on next page)
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18. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section
19.28.070 (L) and 19.28.070 (M):
B. Maximum Floor
Area Ratio
1. 45% of the net lot area, however, a housing development
project on a lot having a slope 30% or greater shall not exceed
the floor area allowed under Chapter 19.40.
--- --- ---
I. Basements
1. Number,
size, and
volume of
lightwells
a. Shall be the minimum required by the California Residential
Building Code for egress, light, and ventilation, unless the
basement area is counted towards floor area, except that in the
case of a single-story house with a basement, one lightwell may be
up to 10 feet wide and 10 feet long.
2. Minimum setback for lightwell retaining walls and basements
a. a. Front Yard Same as underlying zoning district
b. Side yard 5 feet
c. Rear yard 10 feet
3. Lightwell
railings
Maximum height of three feet, six inches. The railing shall be
located immediately adjacent to the lightwell.
4. Lightwell
screening
Lightwells that are visible from a public street shall be screened by
landscaping.
5. Root barrier
measures
The perimeter of all basements and lightwells shall be treated
and/or reinforced with the most effective root barrier measures as
determined by an ISA certified Arborist in conjunction with
recommendations from a certified Structural Engineer.
--- --- ---
3. First Floor and
Second Floor
Building
Envelopes
a. The maximum exterior wall height and building height on
single-story structures and single-story sections of two-story
structures must fit into the building envelope defined by:
i. A 10-foot-high vertical line from natural grade measured at
the property line; and
ii. A 25-degree roof line angle projected inward at the 10-foot-
high line referenced above.
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b. Notwithstanding the building envelope, a gable end of a roof
enclosing an attic space may have a maximum wall height of
17 feet to the peak of the roof as measured from natural grade,
or up to 20 feet with a Minor Residential permit subject to
Chapter 19.12.
c. Second-story building envelope: All the maximum exterior
wall height and building height on two-story sections of two-
story structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at
the property line; and
ii. A 25-degree roof line angle projected inward at the 16-foot-
high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers
1. A minimum 8-foot by 3-foot space per unit, not visible from the
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
M. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.
19. Update Section 19.28.070 (C):
C. Maximum
second to first
floor ratio
1. No limit, see Section 19.28.040(D)(1) for permitting
requirements. Homes subject to design review shall comply
with the design review principles in Section 19.28.110(C).
20. Update Section 19.28.070 (E) (3) (a) (i):
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter
19.12, if, after the reduction, the usable rear yard area is not less than 20 times the lot
width as measured from the front setback line.
21. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i):
2. Side yard
a. Interior
Lot 25 feet combined (no side yard setback shall be less than 10 feet)
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i. See Section 19.28.040(D)(2) for permitting requirements. Homes
subject to design review shall comply with the design review
principles in Section 19.28.110(C).
b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less
than 10 feet)
i. Interior
Side
10 feet but not less than 20 feet from the rear property line of an
adjacent single-family dwelling
A. See Section 19.28.040(D)(2) for permitting requirements. Homes
subject to design review shall comply with the design review
principles in Section 19.28.110(C).
22. Revise language in Table 19.28.090 (C):
C. Maximum second to
first floor area ratio
1. 40% of the existing or proposed first floor area or 750
square feet, whichever is greater, except as follows:
a. In no case shall a second floor be more than 1,100
square feet in area.
23. Update Table 19.28.090 (J) (3):
3. Entry feature
height
See Single-Family Residential Design Guidelines, Section
19.28.110(A)(7)
24. Add Section 19.28.090 (M) and (N):
M. Refuse,
recycling, and
other containers
1. A minimum of an 8-foot by 3-foot space per unit, not visible
from the street, shall be provided in an interior yard, behind a
fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
N. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.
25. Update Section 19.28.110 (A):
Any new single-family residential house or addition to an existing house shall be
consistent with the adopted single-family residential guidelines in Sections
19.28.110(A) and (B).
A. Single-Family Residential Design Standards for all projects.1, 2
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1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of
garage area, unless doing so would result in an area that could not
accommodate the minimum required setbacks and enclosed parking area.
a. The maximum width of a garage on the front elevation shall be
twenty-five feet, which will accommodate a two-car garage. Additional
garage spaces shall be provided through the use of a tandem garage or
a detached accessory structure at the rear of the property.2
3. Usable living area, not including any architectural feature, porch, or patio,
shall be a minimum of two feet closer to the street than the garage, unless a
side entering garage with curved driveway is provided or the lot is not wide
enough to accommodate living area adjacent to the garage.
4. All roofs shall have at least a one-foot overhang.
5. Air conditioning units and similar mechanical equipment such as generators,
sump pumps, heating, and ventilation equipment should be ground-mounted
and screened from public view, or underground, and shall meet accessory
structure setbacks and adhere to the requirements of Chapter 10.48 of the
Municipal Code. Mechanical, heating, or cooling equipment or associated
piping installed on the roof shall be screened from the public right away,
except in R1-e zones where roof top equipment is not allowed.
6. A porch, patio, or other front entry feature is required.
a. The feature shall be oriented to face the street and shall include a front
entry door also oriented to face the street.
b. If duplexes are proposed on corner lots, the entrances to the two units
shall be on different street frontages, except that if the corner lot fronts a
major collector, both the entrances may be located on the minor collector
or neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be
proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that
emphasizes the base and have caps for posts and fence elements of the
feature.
e. In the R1-a zone, the following porch design guidelines shall also apply2:
i. Structural supports shall be designed such that the appearance is not
obtrusive or massive.
ii. The use of large columns or pillars is discouraged.
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iii. The eave height for a front entry porch shall not be significantly taller
than the eave height of typical single-story elements in the
neighborhood.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen
feet from natural grade to plate.2
7. Garage doors for no more than two car spaces shall be visible from the public
right of way.
8. All garage doors shall be recessed a minimum of six (6) inches from the
surrounding building wall and shall include trim of at least one and a half
(1.5) inches in depth.
9. Where the garage faces the side yard, but is visible from the street, the garage
shall incorporate a window on the street front facade so that it appears to be a
habitable portion of the house. The window style must be the same as the
windows on the habitable dwelling unit(s).
10. Exterior and/or uncovered stair access shall not be allowed to the second
floor.
11. Except in R1-e zones, the elevation facing a street shall incorporate at least
four architectural features, such as bay windows or an entry feature, and/or
elements of architectural interest, such as wall insets or offsets, planters,
railings, trellises, a combination of roofing elements (e.g., hip and gable
roofs), dormers, change in architectural materials, quoins, accent tiles, or a
prominent accent window inset greater than six inches. Windowsills, door or
window trim, and roofing materials do not count as one of the features.
12. Gable ends and Dutch gable ends taller than thirty inches shall include at
least one element of architectural interest such as:
a wall offset with corbels, brackets, or change in materials;
louvered wood or metal vents;
clay of terracotta tile vents;
accent tile decoration;
medallion decoration;
metal grille;
a change in architectural materials;
incorporation of corbels;
decorative gable pediments;
eyebrow trellises or pergola structurally attached to the building; or
windows/glazing.
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13. Stone veneer or accent materials used as a wainscot on a street facing façade
shall be wrapped around to the side façade and end at a logical terminus,
such as a fence line or a chimney or at an interior corner. Stone veneer or any
other siding material wrapped on columns shall terminate at the floor or
ground, as applicable.
26. Update Section 19.28.120:
To mitigate privacy impacts and the visual mass and bulk of new two-story homes
and additions, tree and/or shrub planting is required. The intent of this section is to
provide substantial screening of views into neighboring residential side or rear
yards within three years of planting, in order to protect the privacy of adjoining
properties.
27. Update Section 19.28.120 (A):
A. Applicability. These requirements shall apply to new two-story homes, second-
story decks, two-story additions, modifications to the existing second-story decks
and/or new windows on existing two-story homes that increase privacy impacts on
neighboring residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above
the second floor;
e. Non-operable windows with obscure glass to a height of five feet above
the second floor;
f. Windows which do not have views into a neighboring side or rear yard or
that face a street or a non-residential zoning district; and
g. When waivers have been obtained from all affected property owners.
28. Update Section 19.28.120 (C) (1) and (2):
1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using
tree that typically grows to a mature height of more than 30 feet, planted at a
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minimum height of six feet, as measured from adjacent grade. California
native trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of
the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second
story windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree or
allow the tree to be planted outside of the center 50% of the front yard setback
area based on a report from an internationally-certified arborist citing
unavoidable conflict with existing mature tree canopies onsite or in the public
right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a
height of 30 feet or more and is located in the center 50% of the front yard can
be used as the front yard tree, subject to an ISA certified arborist certifying
that the tree is in good health.
e. A covenant shall be recorded to identify the front yard tree as a Protected
Tree and notifying current and future property owners to retain and maintain
the tree in good health.
2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area
bounded by a thirty-degree angle on each side window jamb and a 180-
degree angle from each corner of a balcony or second story deck, modified by
the angle created between the furthest corner of the balcony or deck and the
corresponding corner of the second story portion of the structure, as shown in
the City’s Privacy Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story
windows in the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the
second floor; or
ii. Obscure glass to a height of five feet above the second floor; or
iii. Have a windowsill height of five feet minimum above the finished
second floor.
c. The Planning Division shall maintain a list of allowed privacy planting trees
and shrubs. The list includes allowed plant species, minimum size of trees
and shrubs, expected canopy or spread size, and planting distance between
trees.
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i. In the R1-a zone, the minimum height of privacy trees at the time of
planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from
the property line equivalent to one-quarter of the spread noted on the
City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy
permit.
e. Windows or other openings in the wall with a side yard setback less than 10
feet or a rear yard setback of less than 25 feet shall have a minimum
windowsill height of more than five feet or shall have obscure glass and be
inoperable with a fixed pane(s).
f. The minimum planter width required for privacy planting shall be three feet.
Emergency access paths shall not be concurrent with areas designated as
privacy planting planters.
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29. Update Section 19.28.150:
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In
addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in
the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective
zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not
limited to the following standards for ministerial development projects:
1. Development Standards (Gov.
Code, § 65852.21)
a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or
b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a,
R1-e, or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
c. If the site has been occupied by a tenant in the last three years, no alteration or demolition of an
existing unit shall occur.
2. Second to First Floor Area
Ratio:
a. The ratio of the second story to first story floor area shall not exceed 66% in all R1 zoning
districts except the R1-a district.
b. In the R1-a zoning district: See Section 19.28.090 (C).
3. Interior Areas a. See Section 19.28.070 (D)
4. Setbacks:
a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning
map except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided,
however, that:
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i. No setbacks shall be required for an existing structure or for a structure constructed in the
same location and to the same dimensions as an existing structure.
ii. No new or expanded structures shall encroach upon any existing public or private utility
easements.
iii. No setback shall be required from a shared new side lot line between the two new lots
created pursuant to an Urban Lot Split under Government Code Section 66411.7 when:
1. More than one new primary dwelling unit is approved concurrently with an Urban
Lot Split; and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet
on the second story; and
4. The entirety of wall faces along the shared property line are structurally attached; and
5. Structures along the new shared property line are no more than zero feet or less than
four feet.
iv. The required building envelope shall not apply to the portions of structures with a zero -
foot setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided
that in no case shall a side yard setback of more than four feet be required.
e. Detached structures: Detached structures located on the same lot shall have a setback of five
feet as measured between the eaves of the two structures.
5. Maximum height:
a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except
that:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed
18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3).
i. Second-story building envelope: See Section 19.28.070 (J) (3).
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c. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing
the provisions of subsection (4)(c) above, do not have to meet the first story or second story
building envelope requirements.
6. Basements: Allowed, subject to the requirements outlined in Section 19.28.070 (I).
7. Landscaping and Privacy
Protection:
a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the
Municipal Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to
Section 19.28.120.
c. Privacy Protection Planting: shall be provided in the same manner as required pursuant to
Section 19.28.120.
8. Private open space: See Section 19.28.110 (A) (12).
9. Permitted yard encroachments:
a. Front entry features may encroach into a required front yard setback up to three feet.
b. Architectural features may extend into a required yard a distance not exceeding three feet.
c. No architectural feature, or combination thereof, whether a portion of a principal or accessory
structure, may extend closer than three feet to any property line.
10. Second story decks, balconies,
or similar features Minor Residential Permit required consistent with Section 19.28.070 G.
11. Design Standards: a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).
12. Accessory buildings/structure:
a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units
or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if
a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) has been
approved for construction pursuant to this Section on each resulting lot.
13. Refuse, recycling, and other
containers
See Section 19.28.070 (L) and 19.28.090 (M).
14. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall not
be imposed in either of the following instances:
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i. The parcel is located within one-half mile walking distance of either a high-quality transit
corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit
stop, as defined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Each parking space shall be provided in an enclosed garage encompassing a 10’ by 20’ space,
unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet
from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.
15. Driveway and curb cuts: Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).
16. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
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Chapter 19.36
30. Update Table 19.36.070 (C) (3):
Projects with up to four units Projects with five or more units
3. Rear-
yard
20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a usable rear-yard
setback area of
not less than
twenty times the
width of the lot is
maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.
20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a usable rear-yard
setback area of not
less than twenty
times the width of
the lot is
maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.
Additional 10 feet
for floors more
than one story
higher than any
adjacent primary
residential
structures.
31. Edit Table 19.36.070 (G):
G. Corner Triangle and Sidewalk
Sight Triangle
Shall remain free and clear of all buildings or
portions thereof
Chapter 19.38
32. Edit Table 19.38.070 (F):
Chapter 19.40
33. Update Section 19.40.040 (A):
A. Site Plans that show topographical information at contour intervals not to exceed
ten feet and a horizontal map scale of one inch = two hundred feet or larger and
identify all areas with slopes of thirty percent or more.
34. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and
19.40.050 (I) through (K):
F. Corner Triangle and Sidewalk Sight
Triangle
Shall remain free and clear of all buildings or
portions thereof.
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B. Minimum Lot Area
5. Lots created and/or
developed pursuant to
Government Code
Section 64411.7 and
65852.21
a. Each resulting lot shall be at least 40% of the size of the
original lot being split.
b. No side or rear setbacks shall be required for an existing
structure or for a structure constructed in the same
location and to the same dimensions as an existing
structure.
--- --- ---
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and
all other areas requiring grading.
Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050 F.
c. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
ii. Split level designs shall be used to avoid additional
changes in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils
shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
iv. Unless required by the City Engineer, development shall
not result in a finished floor more than 36 inches above
finished grade.
2. Graded Area
a. Shall be limited to within 50 feet of the building pad area,
unless additional grading is required for emergency access,
as determined by the Fire Department, or for utilities, as
determined by the applicable service provider or the City
Engineer.
3. Common
Driveways
Grading quantities shall be divided equally among the
participating lots.
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E.g., two lots sharing a driveway shall divide the driveway
grading quantity in half. The divided share will be charged
against the grading quantity allowed for that lot development.
4. Flat Yard Area
a. Limited to a maximum of 2,500 square feet, excluding
driveways.
b. For a two-lot subdivision, limited to a maximum of 1,250
square feet per lot, excluding driveways, except as further
limited by subsection (I).
5. Soil Erosion and
Screening of Cut and
Fill Slopes Plan
A licensed landscape architect shall review grading plans and
shall, in consultation with the applicant and the City Engineer,
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
F. Landscaping
1. Tree Planting Plan
Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
from the following prominent intersections.
No more than 50% of the visible wall face surface area shall be
visible from the following prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
A visual simulation from each of the intersections above shall be
provided to indicate compliance.
2. Landscape
Requirements
a. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities.
b. Must comply with Chapter 14.15, Landscaping Ordinance and
Wildland Urban Interface Fire Area (WUIFA) requirements.
c. At least 50% of the front yard area shall be landscaped (i.e.,
not hardscaped)
--- --- ---
I. Development on
Slopes of ≥ 30%
a. Hillside Exception required for all grading, structures, and
other development > 500 square feet.
b. If the lots developed or created pursuant to Government
Code Sections 64411.7 and 65852.21 have no areas with
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slopes less than 30% that can accommodate up to two units
of 800 square feet each, grading for building pads for
structures is limited to 800 square feet.
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
a. Site plan must identify trail linkages as shown in the
General Plan Trail Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being
developed, development shall not take place within that
area unless approved through the exception process.
c. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public
Open Space and designed in a manner to minimize impacts
on the Public Open Space.
K. Views and Privacy
It is not the responsibility of City Government to ensure the
privacy protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure
under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views.
35. Update Table 19.40.060 (A):
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved
housing development project approved pursuant to this
Section shall not exceed 800 square feet per unit.
b. Notwithstanding Paragraph (a), a ministerially approved
housing development approved pursuant to this Section may
have a floor area as calculated in subsection (c) below, if it
complies with the requirements of this Section; provided,
however, that if the housing development is on a parcel
created by a ministerial lot split under Chapter 18.20.170, the
maximum allowable floor area for the original lot shall be
allocated to each resulting lot equal to the proportionate size of
each resulting lot to the original lot.
c. For projects not subject to ministerial approval under
Paragraph (a) or (b), maximum allowable development shall be
the lesser of:
i. 6,500 square feet; or
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ii. For lots with a net lot area of less than 10,000 square
feet, 45% of the net lot area times the slope adjustment
factor pursuant to Section 19.40.060(A)(2)*; or
*Formula = (0.45 x Net lot area) x (Slope adjustment
factor)
iii. For lots with a net lot area of greater than or equal to
10,000 square feet, 4,500 square feet plus 59.59 square
feet for every 1,000 square feet over 10,000 square of net
lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)**
**Formula = ((4,500 + ((Net Lot Area - 10000)/1000))
(59.59)) x (Slope Adjustment Factor)
36. Update Table 19.40.060 (A) (2) (c):
c. Average slope >
30%
Allowable floor area shall be reduced by a constant
30%
Slope adjustment factor=(1- 0.3) = 0.7
>30% 30.00%
37. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L):
D. Second and Third Story Decks and Balconies Minimum Setbacks
1. Front Yard - 17 feet 17 feet
2. Side Yard - 15 feet 15 feet
3. Rear Yard - 20 feet 20 feet
--- --- ---
F. Permitted Yard Encroachments
1. Extension of a
Legal Non-
conforming Wall
Plane for
structures not
located within a
prominent
ridgeline site
line
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e.,
a non-conforming setback may not be further reduced.
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e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
--- --- ---
H. Design Standards
1. Building and
Roof Forms
a. Natural Contours
Building shall follow as closely as
possible the primary natural contour
of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on
the upslope side of the building and
the roof pitches shall trend
downslope.
c. Second Story Dormers
Permitted within the second story
setbacks as long as they are minor in
shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset
building and roof elements to
provide varied building forms to
produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or
20 feet in height, whichever is more
restrictive, shall contain
architectural elements in order to
provide relief and to break up
expansive wall planes.
f. Roof Overhangs
Roof overhangs or building eaves
shall be a minimum of 12 inches in
width
2. Colors a. Natural Earth Tones
All structures on the lot shall use
natural earth tone and/or vegetation
colors which complement the
natural surroundings. Natural earth-
tone and vegetation colors include
natural hues of brown, green and
shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
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3. Outdoor
Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.
4. Garages
All projects shall strive to attain, except that ministerially approved
projects shall attain, the following standards:
a. No more than 50% of the façade visible from the right of way
shall comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a
one car garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a
minimum of two feet from the livable areas of the home except
if only the garage and/or the entrance to the home, and no
other livable portions of the home, are accessible from the
street level.
d. Third car spaces shall be provided in tandem or shall be
provided in a detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6) inches
from the surrounding building wall and shall include trim of at
least one and a half (1.5) inches in depth.
f. Where the garage door faces the side yard, but the garage itself
is visible from the street, the garage shall incorporate a
window on the street front facade so that it appears to be a
habitable portion of the house. The window style must be the
same as the windows on the habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible
from the public right of way.
5. Entry Features
All projects shall strive to attain, except that ministerially approved
projects shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and
only one entry feature shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different
building frontages.
c. Entry features shall be limited to 14 feet in height from the
natural grade to the top of wall plate.
6. Uncovered/
exterior
staircases
Not allowed.
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7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I).
8. Architectural
Features
The elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry feature,
and/or elements of architectural interest, such as wall insets or offsets,
planters, railings, trellises, a combination of roofing elements (e.g. hip
and gable roofs), dormers, change in architectural materials, quoins,
accent tiles, or an accent window inset greater than six inches.
Windowsills, door or window trim, and roofing materials do not
count as one of the features.
9. Gable and
Dutch Gable
Ends
Gable ends and Dutch gable ends taller than thirty inches shall
include at least one element of architectural interest such as:
a wall offset with corbels, brackets or change in materials;
louvered wood or metal vents;
clay or terracotta tile vents;
accent tile decoration;
medallion decoration;
metal grille;
a change in architectural materials;
incorporations of corbels;
decorative gable pediments;
eyebrow trellises or pergola structurally attached to the
building or
windows/glazing.
10. Accent
Materials
a. Stone veneer or accent materials used as a wainscot on a street
facing façade shall be wrapped around to the side façade and end at a
logical terminus, such as a fence line or a chimney.
b. Stone veneer or any other siding material wrapped on columns
shall terminate at the floor or ground, as applicable.
12. Private
Open Space
Each unit must provide at least 15% of the unit floor area as private
open space on the first floor, with no dimension less than 10 feet.
13. Refuse,
recycling,
and other
containers
a. A minimum of an 8 foot by 3 foot space per unit, not visible from
the street, shall be provided in an interior yard, behind a fence.
b. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
--- --- ---
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L. Off-street
Improvements
Upon development of any newly subdivided lot, appropriate public
right of way dedications shall be made to accommodate the
predominant width of the street and street improvements shall be
installed to the Public Works Departments standards.
38. Update Section 19.40.090:
Objective Zoning and Design Standards for Ministerially Approved Housing
Development Projects. In addition to any applicable objective zoning standards,
objective subdivision standards, and objective design review standards in the
Municipal Code, a housing development project approved pursuant to this Section
must comply with all applicable objective zoning and design standards to the
maximum extent permissible under Government Code Section 65852.21, including
but not limited to the standards for ministerial development projects in Section
19.40.050 and 19.40.060 and the following:
1. Basements Allowed, subject to the requirements outlined in Section
19.28.070 (I).
2. Balconies, decks, or
other similar
structures
Allowed, subject to the setback requirements outlined in
Section 19.40.060 (D).
3. Design Standards a. See Section 19.40.060.
4. Setbacks
a. See Section 19.40.060.
b. Detached structures: Detached structures located on the
same lot shall have a setback of five feet as measured
between the eaves of the two structures.
5. Parking
a. Units shall have at least one off-street parking space,
except that parking requirements shall not be imposed in
either of the following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b)
Code, or of a major transit stop, as defined in Public
Resources Code Section 21064.3.
ii. There is a car-share vehicle located within one
block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage
encompassing 10’ by 20’ space for each space,
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unobstructed (i.e., by walls, appliances, etc.) between six
inches from the finished floor up to six feet from the
finished floor.
c. When additional enclosed parking space(s) is/are
provided, the space(s) shall meet the requirements of
Chapter 19.124.
Chapter 19.44
39. Update Section 19.44.020 (A):
A. The requirements of this chapter, unless waived or modified in accord with
Section 19.44.080, must be met with respect to all real properties intended to be
developed as, or converted to, a single-family residential cluster development as
described in this chapter, including the conversion of existing apartment houses to
condominiums.
Chapter 19.46
40. Edit Table 19.46.070 (G):
Chapter 19.60
41. Update Section 19.60.050:
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the
following regulations shall apply to all users governed by this chapter.
3. The activity must be conducted entirely within a building or enclosed patio or
atrium except for:
b. Vehicular parking including the parking of business related vehicles that
comply with the sign, off-street parking, and noise regulations;
c. Outdoor seating for restaurants in accordance with the requirements of
Section 19.60.030.
d. Special promotional events undertaken by permitted businesses;
e. The display of merchandise in front of stores must be displayed under a
roof overhang or canopy and must be displayed in an organized, neat , and
safe fashion, in accordance with the requirements of Section 19.60.030.
G. Corner Triangle and Sidewalk
Sight Triangle
Shall remain free and clear of all buildings
or portions thereof.
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Chapter 19.100
42. Update Section 19.100.030 (B) (1) (b):
b. Attached accessory
buildings/structures
Must meet all site development regulations, including
setbacks, height and lot coverage regulations
applicable to principal dwellings in the applicable
zone, unless a separate setback standard is provided in
subsection (d) through (g) below.
43. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:
Chapter 19.102
44. Edit Section 19.102.020 (D):
D. New or replacement glass windows, doors, or
features
Section 19.102.030(A), (B), and
(D)
Chapter 19.104
45. Update Section 19.104.100 (L):
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.280. One "OPEN" sign not exceeding two square feet and of any material may
be placed in a window without penalty towards window coverage limitations;
46. Update Section 19.104.140:
Commercial
& Industrial
• One sign per
business with
exterior frontage
• One
additional for:
- Businesses
with no ground
sign and
adjacent to more
than one street
or shopping
• 1 s.f. per
linear ft of
store
frontage on
which sign
is located.
• 70% of
store
frontage
maximum
200
s.f.
• No more than one
wall sign per frontage
• Shall not project above
the roof or top of
parapet, unless it is an
integral part of the face
of an architectural
projection.
• No projecting wall
sign shall extend into a
CDD
Meets
Design
Criteria in
Section
19.104.220
b. Maximum lot coverage 30% of the usable rear yard area
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center driveway;
or
- Sign directed
to interior of
project and not
visible from any
public right- of-
way; or
- Single tenant
building pad
with more than
5,000 s.f.
• Length =
total
combined
length of
each row of
sign copy
• Minimum
area = 20
s.f.
public right-of-way
more than twelve
inches. Any projecting
sign shall have a vertical
clearance of at least
fifteen feet above a
private or public
vehicular roadway,
alley, driveway, or
parking area, and at
least eight feet above a
sidewalk, pedestrian
mall, or landscaped
area.
Office &
Institutional
• One sign per
business with
exterior frontage
• One
additional for:
- Businesses
with no ground
sign and
adjacent to more
than one street
or major
shopping center
driveway; or
- Sign directed
to interior of
project and not
visible from any
public right- of-
way.
• 1 s.f. per
linear ft. of
business
frontage on
which sign
is located.
• 70% of
business
frontage
maximum
• Length =
total
combined
length of
each row of
copy
40
s.f. Same as above CDD Same as
above
47. Update Section 19.104.150 (C):
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C. Logos,
Symbols,
or Insignia
All except
residential
districts
Same as
Sec.
19.104.140
9
s.f.
Same as
Sec.
19.104.140
•Illuminated -
CDD
•Not
illuminated -
exempt
Shall meet Design
Review Criteria in
Sec. 19.104.220 and
restrictions in Sec.
19.104.190
48. Edit Table 19.104.160:
Use/
Zoning Number
Size
Allowed Area &
Length
Location
Maximum
Height
Review Authority Review
Criteria
• Double faced
signs: Area of
larger face of
sign = Total Sign
Area
• No portion of any sign over
three feet in height shall be
located within a
corner triangle or sidewalk
sight triangle.
Chapter 19.124
49. Update Section 19.124.030 (I):
I. Tandem, Valet, and Other
Special Parking Arrangements
Tandem, Valet, and other special forms of
parking may be approved per Section 19.124.050.
50. Revise language in Section 19.124.040:
N. Landscape
Requirements
Applicable to all new centers and centers with a twenty-five
percent or greater increase or decrease in floor area resulting
from a use permit or architectural and site approval within
twelve months shall be required to meet the following
minimum landscape requirements. However, the Planning
Commission and/or City Council may recommend additional
landscaping.
Chapter 19.132
51. Update Section 19.132.050:
Written findings regarding the granting or denial of any conditional use permit
subject to this chapter shall be made by the Planning Commission in accordance
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with Chapter 19.156 and shall be based on substantial evidence in light of the entire
administrative record.
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ORDINANCE NO. 25-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CITY CODE CHAPTERS 14.15, 14.18, 18.20,
18.52, 19.08, 19.12, 19.16, 19.28, 19.36, 19.38, 19.40, 19.44, 19.46, 19.60, 19.100,
19.102, 19.104, 19.124, AND 19.132 OF THE MUNICIPAL CODE FOR
CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS
The City Council of the City of Cupertino finds that:
WHEREAS, on September 16, 2021, the Governor of the State of California signed into law
Senate Bill No. 9, “An act to amend Section 66452.6 of, and to add Section 65852.21 and
66411.7 to, the California Government Code,” which required ministerial approval of
housing developments of up to two units in a single-family zoning district, the
subdivision of parcels zoned for single-family use into two parcels, or both.
WHEREAS, on September 19, 2024, the Governor of the State of California signed into law
Senate Bill No. 450, “An act to amend Sections 65585, 65852.21, and 66411.7 of the
California Government Code, relating to land use.”
WHEREAS, Senate Bill No. 450 established a 60-day timeline for local agency review and
action and updated requirements for demolition and environmental findings.
WHEREAS, Senate Bill No. 450 further prohibited the imposition of non-uniform objective
zoning, design, and subdivision standards on projects proposed under Sections 65852.21
and 66411.7 of the California Government Code, unless more permissive than applicable
standards within the underlying zone and specified that objective zoning, design, and
subdivision standards must relate to parcel design and improvements.
WHEREAS, on November 15, 2022, the City Council voted to adopt Ordinance 22-2246 to
incorporate standards for ministerial approval of duplexes and lot splits in single-family
residential districts, in response to Senate Bill No. 9.
WHEREAS, certain zoning, design, and subdivision standards introduced through
Ordinance 22-2246 are inconsistent with Sections 65852.21 and 66411.7 of the California
Government Code, as amended by Senate Bill No. 450.
WHEREAS, the City Council desires to have objective standards that are clear and
understandable to ensure orderly development and are consistent with State law; and
WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to
clarify the development standards to be applied to two-lot subdivisions and duplex
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development, and include minor clean up items including typographical and reference
fixes; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public health,
safety, convenience, and general welfare; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on September 9, 2025 to consider the Ordinance; and
WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission
recommended on a unanimous (5-0-0) vote that the City Council adopt the proposed
Municipal Code Amendment to clarify development standards; and
WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one
public hearing to consider the Municipal Code Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance.
WHEREAS, the City Council finds the following:
1. That the proposed amendments are in accord with the Municipal Code and the City's
Comprehensive General Plan.
The proposed amendments are in conformance with the General Plan since the General Plan
indicates that design regulations and guidelines for single-family development should be
maintained and updated to address neighborhood compatibility and visual and privacy impacts
(Strategy LU-27.1.1) and that zoning and subdivision standards should consider the need to
preserve neighborhood lot patterns (Policy LU-27.7). The proposed amendments make changes
to design and subdivision standards to allow for a consistent application of standards throughout
single-family residential neighborhoods.
2. The proposed amendments are in compliance with the provisions of the California
Environmental Quality Act ( CEQA).
Pursuant to California Government Code Sections 65852.21 and 66411.7, an ordinance adopted
to implement Sections 65852.21 and 66411.7 shall not be considered a project under Division
13 (commencing with Section 21000) of the Public Resources Code.
3. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
proposed zoning designation and anticipated land use development.
The proposed amendments will apply to all single-family zoned properties within the city. The
proposed amendments will not result in standards that would limit site access or provisions of
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utilities. Furthermore, the proposed amendments would ensure the compatibility of new
development within single-family residential zones by ensuring that all development within
these zoning districts adheres to the same standards, where not otherwise prohibited by State
law.
4. The proposed amendments will promote orderly development of the City.
The proposed amendments align zoning, design, and subdivision standards with the City’s
General Plan land use goals and policies related to orderly development within single-family
residential districts. The proposed amendments would ensure compatibility of new development
within single-family residential zones by ensuring that all development within these zoning
districts adheres to the same standards, where not otherwise prohibited by State law.
5. That the proposed amendments are not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed are not detrimental to the health, safety, peace, morals, and general welfare since
the proposed amendments further apply existing standards of the Municipal Code to promote
orderly development.
6. The proposed amendments are internally consistent with this title.
The proposed ordinance is internally consistent with the Cupertino Municipal Code and
incorporates minor amendments where needed to ensure continued consistency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
The Cupertino Municipal Code is further amended as set forth in Exhibit 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
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construed as continuations of those provisions and not as an amendment to or readoption
of the earlier provisions.
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 and is adopted to
implement provisions of California Government Code Sections 65852.21 and 66411.7. 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 amendments to the City Code
would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 7, 2025
and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025
by the following vote:
Members of the City Council
AYES:
NOES:
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ABSENT:
ABSTAINED:
Liang Chao, Mayor
Date
Kirsten Squarcia, City Clerk
Date
_______________________
Floy Andrews, Interim City Attorney
Date
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EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE FOR CONSISTENCY
WITH SENATE BILL 450 AND MINOR TEXT EDITS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in red, bold double-underlined text (example), text to
be deleted in shown in red strikethrough (example), and moved text is shown in green, bold
double-underlined or strikethrough text (example, example). 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. This ordinance amends several
portions of the Municipal Code. There is a separate heading in bold italics for each chapter of the
Code being amended.
Chapter 14.15
1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape
Documentation Package is required for projects with a landscape area of equal to or greater
than 2,500 square feet, consistent with CCR Title 23, § 490.1:
Type of Permit Total
Landscape
Building Permits
New home in R1, RHS, A1 or
R2 Zones
< 500 s.f.
Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Planning Permit or Grading Permit
New home in R1, RHS, A1 or
R2 Zones <500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
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500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
≤ < 2,500 s.f. (Appendix A) or Landscape
Documentation Package (Sec.
> ≥ 2,500 s.f.
rehabilitation project
<
> ≥
(Sec. 14.15.050)
New and rehabilitated
cemeteries >0 s.f.
B)
Landscape and Irrigation
Maintenance Schedule (Sec.
14.15.120)
Landscape Installation Report (Sec.
Existing and established
landscapes, including
cemeteries
>1 acre B)
Audit of Established Landscapes
Chapter 14.18
2. Update Section 14.18.160 - Replacement Tree Guidelines for consistency with Section
14.18.030.
Diameter of Trunk Size of Removed Tree (Measured
4½ feet above grade) Replacement Trees
36 18
Over 18 inches and up to 36 inches
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to approved development
trees, and approved required protection trees in R-1 zones.
Chapter 18.20
3. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban
Lot Splits from the Zoning Ordinance:
18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family
Residential Zones.
Lot Configuration
1. Single-
Family
Residential
Zones (R1)
be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60
feet or more street frontage, or (ii) more than 75 feet of
street frontage and a lot depth of up to 145 feet, shall
result in a street frontage that is between 40-60% of the
existing street frontage of the lot being subdivided.
Resulting lots shall have a side-by-side orientation and
shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than
75 feet of street frontage and a lot depth of more than 145
feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at
least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side
orientation and shall not create a landlocked parcel;
or
ii. One of the resulting lots shall be a flag lot with
access to the street. The buildable area of the flag lot
shall span the entire distance between the two side
property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60
feet of street frontage shall result in one flag lot with
access to the street. The buildable area of the flag lot
shall span the entire distance between the two side
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Page 9 of 56
property lines that intersect with the front property line
of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the
same orientation as the existing lot (i.e., the existing front
lot line must be the front lot line of the future lots and
the existing rear lot line shall be the rear lot line of the
future lots) and that are between 40-60% of the lot width
of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits
the existing street side property line to create at least one
Hillside
Zones (RHS)
new lot and shall follow the contours of the property.
b. Each resulting lot shall share one common driveway. If
an existing driveway or curb cut exists, a new driveway or
curb cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last
five years, or if the percolation test has been recertified,
within the last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of
a lot, closest to an existing driveway. Where no driveway
exists, building pads shall be identified on the flattest
portion of the lot, closest to the access road unless doing
so would result in a combined grading total greater than
that required for siting elsewhere on the lot.
e. No new or expanded structures shall encroach upon any
existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill
(including grading for building pad, yard areas,
driveway, all other areas requiring grading, and
basements), except if the original lot that was subdivided
has already performed prior grading, then the amount of
grading that has previously occurred shall be reduced
from the maximum grading quantity allowed
cumulatively on the two resulting lots.
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4. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180:
H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In
addition to any applicable objective subdivision standards in this Title or the
Subdivision Map Act and the requirements of Government Code Section 66411.7,
a lot split approved pursuant to this Section must, to the maximum extent
permissible under Government Code Section 66411.7, comply with the objective
standards including but not limited to objective standards for urban lot splits set
forth in Sections 18.20.180, 19.28.060, and 19.40.050.
Chapter 18.52
5. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180:
B. Lot Configuration.
4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-
lot subdivisions shall also apply the standards of Section 18.20.180.
Chapter 19.08
6. Update Section 19.08.030, “Bay Window” definition to fix a typo and clerical error:
"Bay window" means a projecting window element that is not an extension of the
floor area and does not incorporate any useable space for seating or other purposes.
Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches, horizontally, from an
exterior wall;
c. Be a minimum of twenty-four inches from the finished floor;
d. Not create a projection of the floor;
e. Not occupy more than 50% of an interior exterior wall face.
These limitations do not apply to bay windows which have been counted towards
floor area and meet required setbacks.
7. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than
50 square feet in area, located immediately adjacent to the primary entry of a
building for the purpose of providing pedestrian access from the outdoor ground
elevation to a building interior. If the platform portion of a front entry porch (not
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Page 11 of 56
including steps) is more than 50 square feet or has a proportionately greater width
than its height, the structure is considered a porch.
8. Update Section 19.08.030, “Lot” definition to correct a clerical error:
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or
bounded on two or more adjacent sides by street lines.
2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of
land not otherwise meeting the requirement of this title for lot width that consists
entirely of and provides the sole means of vehicular connection between the
buildable area of the lot and an abutting street.
3. “Interior lot” means a lot other than a corner lot or a flag lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side lot line of the corner lot, and fronting on the street which
intersects or intercepts the street on which the corner lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line
abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five
or more lot lines.
9. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately
adjacent to an entrance to a residential structure for the purposes of providing
pedestrian access from the outdoor ground elevation to a building interior and/or
private, recreational open space. A porch differs from a front entry porch or a front
entry feature, which has a proportionately greater height than its width and is less
than 50 square feet in area.
10. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable
consistent:
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear
building line extended to the side lot lines. The side yard adjacent to a proposed
minor addition (e.g., addition equaling ten percent or less of the principal structure)
may be included in calculation of usable rear yard area.
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11. Revise Appendix C of Chapter 19.08 to correct spelling of sight:
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk
Clearance at Driveways).
Chapter 19.12
12. Update Section 19.12.020 (A) to reference correct sections:
A. In the A, A1, R-1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28,
and Chapter 19.40;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R-1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.0750(B)(3);
5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and
Chapter 19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48;
8. Variance to all other zoning regulations.
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13. Update portions of Table 19.12.030 to reference correct sections:
Type of Permit or
DecisionA, B
Administr
ative
ReviewA,B
Arts and
Culture
Commissi
on
Planning
Commissi
on
City
Council
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing RadiusD Posted Site
Notice
Expir
ation
DateE
Chapter/
Findings
Agreements - - R F PH 65867 Yes - 19.144.1210
F, H - - F/R A1 19.12.110/
300’ 19.156.0540 G F - A1 2
MajorF, H, I F - A1/F/R A1/ A2/F PH 65905 Yes 2 years 19.156.0540
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.0750,
19.136.090
Variance F - A1 A2 PH 65905 Yes 2 years 19.156.0650
Parking
Exceptions I F - FA1 A1/A2 Varies M Adjacent/
300' N
Yes 1 year 19.124.0560
Tree Removal F - A1 A2 CP Adjacent, unless
exempt
Yes, unless
exempt 1 year 14.18.1810
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14. Clarify language of footnote K of Table 19.12.030:
Minor Architectural and Site Approval application - single family home in a planned
development zoning district, ; minor building architectural modifications, ;
landscaping, signs and or lighting for new development, ; permanent supportive
housing with up to 6 units subject to by-right processing as required by Government
Code Section 65650 et seq., ; redevelopment or modification in such zones where
review is required, ; and minor modifications of duplex and multi-family buildings.
15. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5):
D. Notice of Comment Period: For projects requiring notice of a comment period,
notice shall be mailed in accordance with 19.12.110A(2) and A(53), fourteen
calendar days prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential,
the mailed notice shall include a copy of the site plan and elevation plans
of the proposed project, unless plans contain protected information, as
defined by California Government Code Section 65103.5.
Chapter 19.16
16. Update Section 19.16.060 to remove reference to the incorrect section:
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a
boundary between districts, the provisions of the zoning regulations applicable
within each district shall apply only to the portion of this site situated in each
separate district.
Chapter 19.28
17. Update Section 19.28.060 to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet square feet iii.10,000 square feet
lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than
1,200 square feet.
B. Minimum lot width (at
the front setback line)
iv. For lots created pursuant to provisions Government Code Section 64411.7:
a. No more than two new, non-curved property lines may be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street
frontage, or (ii) more than 75 feet of street frontage a lot depth of up to 145 feet shall result in
lots width. Resulting lots shall have a street frontage that is between 40-60% of the lot width
existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side
orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth
of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of
the lot being subdivided. Lots shall have a side-by-side orientation and shall not create a
landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the
flag lot shall span the entire distance between the two side property lines that intersect with
the front property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in
one flag lot with access to the street. The buildable area of the flag lot shall span the entire
distance between the two side property lines that intersect with the front property line of the
lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e.,
the existing front lot line must be the front lot line of the future lots and the existing rear lot
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Page 16 of 56
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of
the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to
create at least one front lot line on that frontage.
C. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project
approved pursuant to Chapter 19.28.150 shall be
occupied by non-hardscape landscaping
additions or new homes. The purpose of
the landscaping is to beautify the
property and to achieve partial screening
of building forms from the street and
adjacent properties. Generally, the
landscaping may include shrubbery,
hedges, trees, or lattice with vines on
fences
iv. At least 50% of the front yard of any
project approved pursuant to Chapter
19.28.150 shall be occupied by non-
hardscape landscaping
1. Total site grading (cut
plus fill)2,3
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per
Section 19.28.040(HG).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal
site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to
subdivision.
For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat
yard area created by grading areas that are sloped more than 10% shall be limited to 2,500
square feet, not including the driveway, as calculated prior to any subdivision.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and
Sections 19.40.060(E), (H), (I) and (J).
FE
1. On actual slopes ≥ 30%
and subject to the requirements of Sections 19.40.050 (F), (G), and (I)
and Sections 19.40.060 (E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning
Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception
is permitted on lots developed pursuant to Section 19.28.150.
iii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure
adequate drainage and access as demonstrated by a grading and drainage plan prepared by
a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall
match the existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more
than 36 inches above finished grade.
2. For projects proposed
pursuant to Government
Code Sections 64411.7
and/or 65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on
lots with an average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches
from existing natural grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24
inches from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet
from existing natural grade.
ii. In all cases, the following shall apply:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure
adequate drainage and access as demonstrated by a grading and drainage plan prepared by
a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall
match the existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more
than 36 inches above finished grade.
GF. On-site improvements
planting strip, curb and gutter,
curb cut, AC pavement, and underground utilities at the street as follows:
1. i. Detached pathway when a property on either side of the subject property has a detached
pathway;
2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic
pathway
3. iii. When properties on either side of the subject property do not have a pathway, a pathway that
matches the pre-dominant pattern of pathways on the street, as determined by the City
Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted
by City Council resolution.
4. iv. The City Engineer shall adopt any objective standard necessary to implement the
requirements of this paragraph.
HG Curb Cuts
Driveways for
developments pursuant to
Government Code
Section 64411.7 or
65852.21
-driveway
curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-
wide curb cuts, else, a shared driveway with curb cut, no more than a two-car curb cut, may be
provided.
2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of
more than 35 feet: a maximum of a two-car driveway curb cut is permitted provided a distance of
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
at least 22 feet is provided between existing and proposed driveway flares, else the driveway
cut shall be limited to a one-car driveway curb cut.
3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share
vehicular access off of the access area of the resulting flag lot, unless one of the lots is an new
interior lot with at least 50 feet of minimum street frontage of 50 feet. The access area shall be a
minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive
aisle and a minimum 2-foot-wide landscaping planter on either side. A maximum two-car
driveway curb cut is permitted at the right-of way. No other curb cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two-car curb cut shall be permitted.
5. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for front lot shall be located in the rear 50% of the property.
6. On lots where an existing residence is retained on the site of an urban lot split or development
pursuant to Government Code Section 65852.21 subdivision, an existing curb cut of not more
than 18 feet in width may remain when providing exclusive access to the existing residence.
7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.
8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.
9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress
easements, shall be recorded prior to final parcel map recordation.
10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared
access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel
map recordation.
I. Driveways
When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a
maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-
foot-wide landscaping planter on either side.
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Page 20 of 56
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
2. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for the front lot shall be located in the rear 50% of the
property.
3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in
width.
4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway
spaces shall be in tandem.
5. Subparagraphs 3 and 4 do not apply to the flag lot access area.
6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress
easements, shall be recorded prior to final parcel map recordation.
7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared
access easements, stormwater treatment, landscaping, and private utilities, prior to final
parcel map recordation.
. Easement and
Covenants required for
subdivisions pursuant to
Government Code Section
64411.7
1. Utility easements shall be recorded prior to final parcel map recordation.
2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior
to final map recordation.
K. Public Improvements include a dedication to accommodate the predominant public right-of-way, as determined by the
City Engineer, abutting the corresponding lot line and frontage improvements, including curb,
gutter and sidewalk, which shall be installed by the applicant at his or her expense.
L. Private Open Space
Each unit must provide at least 15% of the unit floor area as private open space on the first floor,
with no dimension less than 10 feet. Private open space shall not be located in the required front
yard setback area.
Notes:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
used as building sites, provided that all other applicable requirements of this title are fulfilled.
2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring
grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent
possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a
driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity
allowed for that lot development.
3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following
requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest
possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case,
the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All
such landscape areas shall be properly maintained.
(Continued on next page)
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Page 22 of 56
18. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section
19.28.070 (L) and 19.28.070 (M) to clarify objective language and update standards for
single-family residential design to reflect changes to State law made through SB450:
B. Maximum Floor
Area Ratio
, however, a housing development
project on a lot having a slope 30% or greater shall not exceed
the floor area allowed under Chapter 19.40.
--- --- ---
1. Number,
size, and
volume of
lightwells
a. Residential
Building Code for egress, light, and ventilation, unless the
basement area is counted towards floor area, except that in the
case of a single-story house with a basement, one lightwell may be
up to 10 feet wide and 10 feet long.
s and basements
a. Front Yard Same as underlying zoning district
ab
bc
railings
3three , six inches fencerailing
be located immediately adjacent to the lightwell.
screening landscaping.
5. Root barrier
measures
theall s all s retaining
walls shall be treated and/or reinforced with the most effective
root barrier measures as determined by an ISA certified Arborist
in conjunction with recommendations from a certified Structural
Engineerby the Director of Community Development.
--- --- ---
3. First Floor and
Second Floor
Building
Envelopes
single-story structures and single-story sections of two-story
structures must fit into the building envelope defined by:
i. A 10-foot-high vertical line from natural grade measured at
the property line; and
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Page 23 of 56
---
high line referenced above;.
b. Notwithstanding the building envelope, a gable end of a roof
enclosing an attic space may have a maximum wall height of
17 feet to the peak of the roof as measured from natural grade,
or up to 20 feet with a Minor Residential permit subject to
Chapter 19.12.
c. Second-story building envelope: All the maximum exterior
wall height and building height on two-story sections of
two-story structures must fit into the building envelope
defined by:
i. A 16-foot-high vertical line from natural grade measured
at the property line; and
ii. A 25-degree roof line angle projected inward at the 16-
foot-high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers
the street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
19. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23-
2254:
C. Maximum
second to first
floor ratio
,
a. Ssee Sections 19.28.040(D) and (E)(1) for permitting
requirements. Homes subject to design review shall comply
with the design review principles in Section 19.28.110(C).
20. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable:
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter
19.12, if, after the reduction, the useable rear yard area is not less than 20 times the
lot width as measured from the front setback line.
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Page 24 of 56
21. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference
altered by the adoption of Ordinance 23-2254:
2. Side yard
a. Interior
Lot
i. See Section 19.28.040(ED)(2) for permitting requirements. Homes
subject to design review shall comply with the design review
principles in Section 19.28.110(C).
lot than 10 feet)
i. Interior
Side
adjacent single-family dwelling
iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes
subject to design review shall comply with the design review
principles in Section 19.28.110(C).
22. Revise language in Table 19.28.090 (C) to clarify standards:
C. Maximum second to
first floor area ratio
40% of the existing or proposed first floor area or 750
square feet, whichever is greater, except as follows:
a. A second floor may be at least 750 square feet in
area
ba. In no case shall a second floor be more than 1,100
square feet in area.
23. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23-
2254:
3. Entry feature
height 19.28.110(A)(67)
24. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design
to reflect changes to State law made through SB450:
M. Refuse,
recycling, and
other containers
from the street, shall be provided in an interior yard,
fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
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N.Outdoor
Lighting Shall comply with the requirements of Chapter 19.102.
25. Update Section 19.28.110 (A) to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
Any new single-family residential house or addition to an existing house shall be
generally consistent with the adopted single-family residential guidelines in
Sections 19.28.110(A) and (B).
A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2
1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of
garage area, unless doing so would result in an area that could not
accommodate the minimum required setbacks and enclosed parking area.
the lot is not wide enough to accommodate.
a. a. In the R1-a zone, tThe maximum width of a garage on the front
elevation shall be twenty-five feet, which will accommodate a two-car
garage. Additional garage spaces shall be provided through the use of
a tandem garage or a detached accessory structure at the rear of the
property.2
3. Usable living area, not including any architectural feature, porch, or patio,
shall be a minimum of two feet closer to the street than the garage, unless a
side entering garage with curved driveway is provided or the lot is not
wide enough to accommodate living area adjacent to the garage, while
garages should be set back more.
4. All roofs shall have at least a one-foot overhang.
5. Air conditioning units and similar mechanical equipment such as
generators, sump pumps, heating, and ventilation equipment should be
ground-mounted and screened from public view, or underground, and
shall meet accessory structure setbacks and adhere to the requirements of
Chapter 10.48 of the Municipal Code. Mechanical, heating, or cooling
equipment or associated piping installed on the roof shall be screened from
the public right away, except in R1-e zones where roof top equipment is not
allowed.
6. A porches, patio, or other front entry feature is required are encouraged.
a. The feature shall be oriented to face the street and shall include a front
entry door also oriented to face the street.
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b. If duplexes are proposed on corner lots, the entrances to the two units
shall be on different street frontages, except that if the corner lot fronts a
major collector, both the entrances may be located on the minor
collector or neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be
proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that
emphasizes the base and have caps for posts and fence elements of the
feature.
e. In the R1-a zone, the following porch design guidelines shall also apply2:
i. When viewed from the street, a porch shall appear proportionately
greater in width than in height. A porch differs from an entry
element, which has a proportionately greater height than its width.
ii. Structural supports shall be designed such that the appearance is not
obtrusive or massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front entry porch shall not be significantly taller
than the eave height of typical single-story elements in the
neighborhood.
v. Porch elements shall have detailing that emphasizes the base and
caps for posts and fence elements.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen
feet from natural grade to plate.2
7. Garage doors for no more than two car spaces shall be visible from the
public right of way.
8. All garage doors shall be recessed a minimum of six (6) inches from the
surrounding building wall and shall include trim of at least one and a half
(1.5) inches in depth.
9. Where the garage faces the side yard, but is visible from the street, the
garage shall incorporate a window on the street front facade so that it
appears to be a habitable portion of the house. The window style must be
the same as the windows on the habitable dwelling unit(s).
10. Exterior and/or uncovered stair access shall not be allowed to the second
floor.
11. Except in R1-e zones, the elevation facing a street shall incorporate at least
four architectural features, such as bay windows or an entry feature, and/or
elements of architectural interest, such as wall insets or offsets, planters,
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railings, trellises, a combination of roofing elements (e.g., hip and gable
roofs), dormers, change in architectural materials, quoins, accent tiles, or a
prominent accent window inset greater than six inches. Windowsills, door
or window trim, and roofing materials do not count as one of the features.
12. Gable ends and Dutch gable ends taller than thirty inches shall include at
least one element of architectural interest such as:
• a wall offset with corbels, brackets, or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building; or
• windows/glazing.
13. Stone veneer or accent materials used as a wainscot on a street facing façade
shall be wrapped around to the side façade and end at a logical terminus,
such as a fence line or a chimney or at an interior corner. Stone veneer or
any other siding material wrapped on columns shall terminate at the floor
or ground, as applicable.
26. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G):
To mitigate privacy impacts and the visual mass and bulk of new two-story homes
and additions, tree and/or shrub planting is required. The intent of this section is to
provide substantial screening of views into neighboring residential side or rear
yards within three years of planting, in order to protect the privacy of adjoining
properties.
27. Update Section 19.28.120 (A) to make applicability language consistent with Section
19.28.070 (G):
A. Applicability. These requirements shall apply to new two-story homes, second-
story decks, two-story additions, modifications to the existing second-story decks
and/or new windows on existing two-story homes that increase privacy impacts on
neighboring residents.
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1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above
the second floor;
e. Non-operable windows with obscure glass to a height of five feet above
the second floor;
f. Windows which do not have views into a neighboring side or rear yard
or that face a street or a non-residential zoning district; and
g. When waivers have been obtained fromby all affected property owners.
28. Update Section 19.28.120 (C) (1) and (2) to clarify objective language, to make language
consistent with the requirements for landscaping outlined in Chapter 14.18, and update
standards for single-family residences in response to the changes to State law made through
SB450:
1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using
tree that typically grows to a mature height of more than 30 feet, planted at
with a minimum height of six feet, as measured from adjacent grade.
California native trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of
the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second
story windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree or
allow the tree to be planted outside of the center 50% of the front yard
setback area based on a report from an internationally-certified arborist citing
unavoidable conflict with existing mature tree canopies onsite or in the
public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a
height of 30 feet or more and is located in the center 50% of the front yard
can be used as the front yard tree, subject to an ISA certified arborist
certifying that the tree is in good health.
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e. A covenant shall be recorded to identify the front yard tree as a Protected
Tree and notifying current and future property owners to retain and
maintain the tree in good health.
2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area
bounded by a thirty-degree angle on each side window jamb. and a 180-
degree angle from each corner of a balcony or second story deck, modified
by the angle created between the furthest corner of the balcony or deck and
the corresponding corner of the second story portion of the structure, as
shown in the City’s Privacy Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story
windows in the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the
second floor; or
ii. Obscure glass to a height of five feet above the second floor; or
iii. Have a windowsill height of five feet minimum above the finished
second floor.
c. The Planning Division shall maintain a list of allowed privacy planting trees
and shrubs. The list includes allowed plant species, minimum size of trees
and shrubs, expected canopy or spread size, and planting distance between
trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of
planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from
the property line equivalent to one-quarter of the spread noted on the
City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy
permit.
e. Windows or other openings in the wall with a side yard setback less than
10 feet or a rear yard setback of less than 25 feet shall have a minimum
windowsill height of more than five feet or shall have obscure glass and be
inoperable with a fixed pane(s).
f. The minimum planter width required for privacy planting shall be three
feet. Emergency access paths shall not be concurrent with areas designated
as privacy planting planters.
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29. Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to State
law made through SB450:
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In
addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in
the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective
zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not
limited to the following standards for ministerial development projects:
1. Development Standards (Gov.
Code, § 65852.21)
Except as otherwise provided herein, uU
shall comply with Paragraph B, above.; or
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section
shall be no more than 200 square feet greater than the smaller unit of the duplex
development.
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a
maximum Floor Area Ratio of up to 45% of the net lot area, and a maximum Lot Coverage of
45% of the net lot area plus an additional 5% for roof overhangs, patios, porches, and other
similar features not Substantially Enclosed, if it complies with the requirements of Paragraph
B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a housing
development project on a lot having a slope 30% or greater shall not exceed the floor area
allowed under Chapter 19.40. However, under no circumstances shall the size of any
ministerially approved unit exceed 2,000 square feet of living space.
b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1,
R1-a, R1-e, or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the
exterior walls alteration or demolition of an existing unit shall occurbe demolished.
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e. If no dedication was required for creation of the lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Engineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and
sidewalk shall be installed by the applicant.
2. Second to First Floor Area
Ratio:
a. The ratio of the second story to first story floor area shall not exceed 5066 in all R1 zoning
districts except the R1-a district. except that:
i. In all R1 zoning districts except the R1-a district:
1. The ratio of the second story to first story floor area may exceed 50%, up to a
maximum of 66%, if a combined first-story side setback of 15 feet (with no first-story
side setback less than five feet), second- story side setbacks of at least 15 feet each, a
rear setback of 20 feet on the first story and a rear setback of 25 feet on the second
story are provided.
b. ii. In the R1-a zoning district: See Section 19.28.090 (C).
1. The maximum ratio of the second story to first story floor area is 40% but no larger than
500 square feet, except where allowed below;
2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square
feet, if first-story side setbacks of at least 10 feet each , a combined second-story side
setback of 35 feet (with no second story side setback less than 15 feet), and a rear setback
of 20 feet for the first story and 40 feet for the second story are provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights
greater than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story homes, the floor area shall be counted once each for first and second floor
area.
3. 4. Setbacks:
Minimum first
map except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
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ii. Garages with up to two parking spaces shall be set back two additional feet from the
face of the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory structure at the rear of the property.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a
third parking space may be on the same wall plane as the other two parking spaces.
b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided,
however, that:
i. No setbacks shall be required for an existing structure or for a structure constructed in the
same location and to the same dimensions as an existing structure.
ii. No new or expanded structures shall encroach upon any existing public or private utility
easements.
iii. No setback shall be required from a shared new side lot line between the two new lots
created pursuant to an Urban Lot Split under Government Code Section 66411.7 when:
1. More than one new primary dwelling unit is approved concurrently with an Urban
Lot Split; and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet
on the second story; and
4. The entirety of wall faces along the shared property line are structurally attached; and
5. Structures along the new shared property line are no more than zero feet or less than
four feet.
iv. The required building envelope shall not apply to the portions of structures with a zero-
foot setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided
that in no case shall a side yard setback of more than four feet be required.
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primary residential
a setback of five feet as measured between the eaves of the two structures.
54. Maximum height:
that:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed
18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall
height and building height of single-story structures and single story sections of two-story
structures must fit into the building envelope defined by:
i. A 9-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above;
Notwithstanding the first story building envelope, a gable end of a roof enclosing an
unfinished attic space may have a maximum wall height of 13 feet to the peak of the roof as
measured from natural grade.
c. Second-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall
height and building height on two-story sections of two-story structures must fit into the
building envelope defined by:
i. A 15-foot-high vertical line from natural A 25-degree roof line angle projected inward at
the 15-foot-high line referenced above.grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above.
d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing
the provisions of subsection (43)(c) above, do not have to meet the first story or second story
building envelope requirements.
65 s Not allowed. Allowed, subject to the requirements outlined in Section 19.28.070 (I).
76. Landscaping and Privacy
Protection:
Municipal Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to
Section 19.28.120.
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i. A 24-inch box California native tree that typically grows to a mature height of more than
30 feet is required for all two-story homes and must be placed in the center 50% of the
front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet
of more and is located in the center 50% of the front yard can be used as the front yard
tree, subject to an ISA certified arborist certifying that the tree is in good health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and future property owners to retain and maintain the tree in good
health.
c. Privacy Protection Planting: for windows from second story windows shall be
providedrequired in the same manner as required pursuant to Section 19.28.120., except as
provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall
have a minimum windowsill height of five feet one inch or shall have obscure glass and
be inoperable with a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall
have a minimum windowsill height of five feet one inch, or shall have obscure glass and
be inoperable with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views
into an adjacent side or rear yard or that face a street or a non-residential zoning district.
iv. Minimum planter width required for privacy planting shall be three feet. Emergency
access paths shall not be concurrent with areas designated as privacy planting planters.
87. Private open space:
Each unit must provide at least 15% of the unit floor area as private open space on the first floor,
with no dimension less than 10 feet. Private open space shall not be located in the required front
yard setback area. See Section 19.28.110 (A) (12).
98. Permitted yard encroachments:
, but not porches,
three feet.
b. Architectural features Mmay extend into a required yard a distance not exceeding three feet.
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structure, may extend closer than three feet to any property line.
d. Architectural features may not exceed 50% of the wall they are on, as measured from the
interior wall surfaces.
. Second story decks, balconies,
or similar features Not Allowed Minor Residential Permit required consistent with Section 19.28.070 G.
1110. Design Standards:
a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).
a. Entry features:
i. A maximum of one entry feature per unit is allowed and no more than one entry feature
per structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry door
also oriented to face the street.
iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the
plate.
iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two
entrance doors for the two units. One of the entrance doors or a common opening into a
shared entry portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on
different street frontages, except that if the corner lot fronts a major collector, both the
entrances may be located on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately
greater in width than in height.
i. Porch elements shall have detailing that emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and/or uncovered stair access shall not be allowed to the second floor.
d. All new structures proposed in the R1-e zoning district shall meet the building design
requirements in Section 19.28.080 and shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane.
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f. In addition to standards outlined in subsections (1) – (9) above, development on properties
with an average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I)
and Section 19.40.060(E), (H), (I) and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in
depth trim when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If
recessed, the primary siding material shall cover the recessed edge faces and
wrap toward the interior face of the window glazing or door by not less than
two-inch depth.
h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding
building wall and shall include trim of at least one and a half (1.5) inches in depth.
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width.
j. Detached structures on a lot must use the same architectural style and materials.
k. Where the garage faces the side yard, but is visible from the street, the garage shall
the house. The window style must be the same as the windows on the habitable dwelling
unit(s).
l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back
as identified in subparagraph (3) above.
m. No more than fifty percent of the front elevation of a house shall consist of garage space.
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces shall be visible from the public right of way.
p. Outdoor lighting shall comply with the requirements of Chapter 19.102.
q. The elevation facing a street shall incorporate at least four architectural features, such as bay
windows or an entry feature, and/or elements of architectural interest, such as wall insets or
offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable
roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window
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inset greater than six inches. Windowsills, door or window trim, and roofing materials do not
count as one of the features.
r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element
of architectural interest such as:
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be
wrapped around to the side façade and end at a logical terminus, such as a fence line or a
chimney or at an interior corner.
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
1211. Accessory
buildings/structure:
or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if
a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) hasve been
approved for construction pursuant to this Section 19.28.150 on each resulting lot.
b. Limited to one story (not exceed 15 feet).
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be
in compliance with the regulations of Chapter 19.112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps,
heating, and ventilation equipment shall be ground-
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or underground and shall meet accessory structure setbacks and adhere to the requirements
of Chapter 10.48 of the Municipal Code.
13. Refuse, recycling, and other
containers
a. See Section 19.28.070 (L) and 19.28.090 (M). A minimum 8-foot by 3-foot space per unit, not
visible from the street, shall be provided in an interior yard behind a fence.
b. This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
14. Parking
Units shall have at least one off
be imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality transit
corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit
stop, as defined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Each pParking space(s) shall be provided in an enclosed garage encompassing a 10’ by 20’
space for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from
finished floor up to six feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.
15. Driveway and curb cuts:
a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in
width.
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway
spaces shall be in tandem.
c. Subparagraphs a and b do not apply to the flag lot access area.
d. When a two-car curb cut is permitted, a maximum 18’ foot wide curb cut shall be allowed.
e. When a one-car curb cut is permitted, a maximum 12’ foot wide curb cut shall be allowed.
Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).
16. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
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Chapter 19.36
30. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable:
Projects with up to four units Projects with five or more units
3. Rear-
yard the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a useable rear-
yard setback area
of not less than
twenty times the
width of the lot is
maintained.
the lot depth,
whichever is
greater.
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a useable rear-
setback area of not
less than twenty
times the width of
the lot is
maintained.
the lot depth,
whichever is
greater.
Additional 10 feet
for floors more
than one story
higher than any
adjacent primary
residential
structures.
31. Edit Table 19.36.070 (G) to use correct spelling of sight:
G. Corner Triangle and Sidewalk
Sighte Triangle or portions thereof
Chapter 19.38
32. Edit Table 19.38.070 (F) to use correct spelling of sight:
Chapter 19.40
33. Update Section 19.40.040 (A) to make requirement for information clearer:
A. Site Plans that show topographical information at contour intervals not to exceed
ten feet and a horizontal map scale of one inch = two hundred feet or larger and
identify all areas with slopes of thirty percent or more.
34. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and
19.40.050 (I) through (K) to clarify objective language and update standards for residential
F. Corner Triangle and Sidewalk Sighte
Triangle
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hillside projects to reflect changes to State law made through SB450 and to correct
landscaping standards reference:
B. Minimum Lot Area
5. Lots created and/or
developed pursuant to
Government Code
Section 64411.7 and
65852.21
a.
original lot being split.
b. Each resulting lot shall share one common driveway. If
an existing driveway or curb cut exists, a new driveway
or curb cut location shall not be approved.
Up to two new property lines may be added to create a
new lot and shall follow the contours of the property.
If in an area where direct sanitary sewer connection is
five years, or if the percolation test has been recertified,
within the last 10 years, must be provided.
Building pads shall be identified on the flattest portion
of a lot, closest to an existing driveway. Where no
driveway exists, building pads shall be identified on
the flattest portion of the lot, closest to the access road
unless doing so would result in a combined grading
total greater than that required for siting elsewhere on
the lot. In those cases, building pads shall be sited so as
to result in the minimum required grading to develop
two units of up to 800 square feet each.
b. No side or rear setbacks shall be required for an
existing structure or for a structure constructed in the
same location and to the same dimensions as an existing
structure.
g. No new or expanded structures shall encroach upon any
existing public or private utility easements.
--- --- ---
Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and
all other areas requiring grading.
Excludes: basements
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All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050 GF.
c. For each of the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21, a
cumulative total of 1,250 cubic yards, cut plus fill (including
grading for building pad, yard areas, driveway, all other
areas requiring grading, and basements), except if the
grading, then the amount of grading that has previously
occurred shall be reduced from the maximum grading
quantity allowed cumulatively on the two resulting lots.
i. Unless required by the City Engineer or to meet Fire Code
requirements, grading activity on lots with an average slope
of:
A. Less than five percent shall not result in a change in
grade elevation by more than 12 inches from existing
natural grade.
B. Between five and ten percent shall not result in a
change in grade elevation by more than 24 inches
from existing natural grade.
C. Ten percent or more shall not result in a change in
grade elevation by more than three feet from
existing natural grade.
. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the minimum
extent necessary to ensure adequate drainage and access
as demonstrated by a grading and drainage plan
prepared by a registered civil engineer.
ii. Split level designs shall be used to avoid additional
changes in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils
shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
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iv
not result in a finished floor more than 36 inches above
finished grade.
Shall be limited to the building pad area to the greatest
extent possible.
within 50 feet of ,
unless additional grading is required for emergency access,
as determined by the Fire Department, or for utilities, as
determined by the applicable service provider or the City
Engineer to the greatest extent possible.
b. For lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, graded areas are limited to
3. Common
Driveways
participating lots.
E.g., two lots sharing a driveway shall divide the driveway
grading quantity in half. The divided share will be charged
against the grading quantity allowed for that lot development.
driveways.
b. For a two-lot subdivision, lots developed or created
pursuant to Government Code Section 64411.7, limited to a
maximum of 1,250 square feet per lot, excluding driveways,
further
shall, in consultation with the applicant and the City Engineer,
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
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For projects pursuant to Government Code Section 65852.21,
nNo more than 50% of the visible wall face surface area shall be
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
b. Must comply with the Chapter 14.15, Landscaping Ordinance
c. At least 50% of the front yard area shall be landscaped (i.e., not
--- --- ---
Slopes of ≥ 30%
,
other development > 500 square feet, except that on lots
developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, grading, building pads for
structures and other development is limited to a
maximum of 500 square feet for each lot.
b. If the lots developed or created pursuant to Government
Code Sections 64411.7 and 65852.21 have no areas with
slopes less than 30% that can accommodate up to two units
of 800 square feet each, grading for building pads for
structures is limited to 800 square feet. No other
development shall be permitted on such lots (e.g.,
development for flat yard area), unless required by the
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
a. Site plan must identify trail linkages as shown in the
General Plan Trail Plan, on and adjacent to the site.
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developed, development shall not take place within that
area unless approved through the exception process, except
that on lots developed or created pursuant to Government
Code Sections 64411.7 and 65852.21, no development may
occur in an area where a trail linkage is identified on the
property.
c. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public
Open Space and designed in a manner to minimize impacts
on the Public Open Space, except that on lots developed or
created pursuant to Government Code Sections 64411.7
and 65852.21, no development may occur within 50 feet of
a Public Open Space unless doing so would preclude the
.
K. Views and Privacy
surrounding properties that may be affected by the structure
under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views except that for lots developed or created
pursuant to Government Code Sections 64411.7 and 65852.21,
privacy protection planting, as required pursuant to Section
19.28.120, is required for views from the second story into
adjoining side or rear yards. Windows or other openings in
the wall with a side yard setback less than 15 feet or a rear
yard setback less than 25 feet shall have a minimum
windowsill height of five feet one inch or shall have obscure
.
35. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than
10,000 square feet in size and to reflect changes to State law made through SB450:
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
housing development project approved pursuant to this
Section shall not exceed 800 square feet per unit.
Notwithstanding Paragraph (a), a ministerially approved
housing development approved pursuant to this Section may
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have a floor area as calculated in subsection (c) below, if it
complies with the requirements of this Section; provided,
however, that if the housing development is on a parcel
created by a ministerial lot split under Chapter 18.20.170, the
maximum allowable floor area for the original lot shall be
allocated to each resulting lot equal to the proportionate size of
each resulting lot to the original lot. However, under no
circumstances shall the size of ministerially approved units
exceed 2,000 square feet of living space.
c. For projects not subject to ministerial approval under
the lesser of:
i. 6,500 square feet; or
ii. For lots with a net lot area of less than 10,000 square
factor pursuant to Section 19.40.060(A)(2)*; or
factor)
iii. For lots with a net lot area of greater than or equal to
10,000 square feet, 4,500 square feet plus 59.59 square
feet for every 1,000 square feet over 10,000 square of net
lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)**
**Formula = ((4,500 + ((Net Lot Area - 10000)/1000))
(59.59)) x (Slope Adjustment Factor)
36. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding
30%:
c. Average slope >
30%
Allowable floor area shall be reduced by a constant
- 0.3) = 0.7
37. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L) to
clarify objective language and update standards for ministerial approval of up to two units to
reflect changes to State law made through SB450:
D. Second and Third Story Decks and Patios Balconies Minimum Setbacks
1. Front Yard - 17 feet 17 feet
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4. Lots
developed
pursuant to
Government
Code Section
65852.21
--- --- ---
F. Permitted Yard Encroachments
-
Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e.,
a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to
Government Code Section 65852.21 and 64411.7.
--- --- ---
and
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Permitted within the second story
Shall have a minimum of four offset
produce shadow patterns which
f. Roof Overhangs
2. Colors -
b. Reflectivity Value Shall not exceed 60 on a flat surface
All projects shall strive to attain, except that ministerially approved
pursuant to Government Code Section 65852.21 shall attain,
the following standards:
a. No more than 50% of the façade visible from the right of way
shall comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a
one car garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a
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other livable portions of the home, are accessible from the
street level.
d. Third car spaces shall be provided in tandem or shall be
provided in a detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6)
inches from the surrounding building wall and shall include
trim of at least one and a half (1.5) inches in depth.
f. Where the garage door faces the side yard, but the garage
itself is visible from the street, the garage shall incorporate a
window on the street front facade so that it appears to be a
habitable portion of the house. The window style must be
the same as the windows on the habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible
from the public right of way.
5. Entry Features
All projects shall strive to attain, except that
projects pursuant to Government Code Section 65852.21 shall attain,
a. Only one entry feature shall be permitted per structure and
only one entry feature shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different
building frontages.
c. Entry features shall be limited to 14 feet in height from the
natural grade to the top of wall plate.
7. Basements .
8. Architectural
Features offsets, planters, railings, trellises, a combination of roofing
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than six inches. Windowsills, door or window trim, and roofing
materials do not count as one of the features.
Gable and
Ends
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay or terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporations of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the
building or
• windows/glazing.
Accent
Materials
shall terminate at the floor or ground, as applicable.
Open Space
Each unit must provide at least 15% of the unit floor area as private
open space on the first floor, with no dimension less than 10 feet.
recycling,
and other
containers
from the street, shall be provided in an interior yard, behind a
fence.
b. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
--- --- ---
L. Off-street
For lots developed pursuant to Government Code Section 65852.21,
uUpon development of any newly subdivided the lot, appropriate
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38. Update Section 19.40.090 to clarify objective language and update standards for ministerial
approval of up to two units to reflect changes to State law made through SB450:
Objective Zoning and Design Standards for Ministerially Approved Housing
Development Projects. In addition to any applicable objective zoning standards,
objective subdivision standards, and objective design review standards in the
Municipal Code, a housing development project approved pursuant to this Section
must comply with all applicable objective zoning and design standards to the
maximum extent permissible under Government Code Section 65852.21, including
but not limited to the standards for ministerial development projects in Section
19.40.050 and 19.40.060 and the following:
Not aA , subject to the requirements outlined in
Section 19.28.070 (I).
Not aAllowed, subject to the setback requirements outlined
.
a. See Section 19.40.060.
a. Windows and Doors shall either:
i. Have a minimum three-and-one half inch in
width by three-quarter inch in depth trim when
protruding from the wall or
ii. Be inset a minimum of three inches from the
exterior finish of the structure. If recessed, the
primary siding material shall cover the recessed
edge faces and wrap toward the interior face of
the window glazing or door by not less than two-
inch depth.
All garage doors shall be recessed a minimum of six (6)
inches from the surrounding building wall and shall
include trim of at least one and a half (1.5) inches in
depth.
Roof overhangs or building eaves shall be a minimum of
12 inches in width.
Detached structures on a lot must use the same
architectural style and materials.
Where the garage faces the side yard, but is visible from
the street, the garage shall incorporate a window on the
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portion of the house. The window style must be the
same as the windows on the habitable dwelling unit(s).
Garage doors for no more than two car spaces shall be
visible from the public right of way.
The elevation facing a street shall incorporate at least
four architectural features, such as bay windows or an
entry feature, and/or elements of architectural interest,
such as wall insets or offsets, planters, railings, trellises,
a combination of roofing elements (e.g. hip and gable
roofs), dormers, change in architectural materials,
quoins, accent tiles, or an accent window inset greater
than six inches. Windowsills, door or window trim, and
roofing materials do not count as one of the features.
Gable ends and dutch gable ends taller than thirty
inches shall include at least one element of architectural
interest such as:
o a wall offset with corbels, brackets or change in
materials;
o louvered wood or metal vents;
o clay or terracotta tile vents;
o accent tile decoration;
o medallion decoration;
o metal grille;
o a change in architectural materials;
o incorporations of corbels;
o decorative gable pediments;
o eyebrow trellises or pergola structurally attached to
the building or
o windows/glazing.
Stone veneer or accent materials used as a wainscot on a
street facing façade shall be wrapped around to the side
façade and end at a logical terminus, such as a fence line
or a chimney.
j. Stone veneer or any other siding material wrapped on
columns shall terminate at the floor.
4. Private Open
Space
Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less
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5. Refuse, recycling,
from the street, shall be provided in an interior yard
behind a fence.
This area shall not concurrent with any emergency
access pathway required by the Fire Department.
4. Setbacks
Detached structures: Detached structures located on the
same lot shall have a setback of five feet as measured
between the eaves of the two structures.
56. Parking
Units shall have at least one off
except that parking requirements shall not be imposed in
either of the following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b)
Resources Code Section 21064.3.
ii. There is a car-share vehicle located within one
block of the parcel.
Parking space(s) shall be provided in an enclosed garage
encompassing 10’ by 20’ space for each space,
unobstructed (i.e., by walls, appliances, etc.) between six
inches from the finished floor up to six feet from the
finished floor.
When additional enclosed parking space(s) is/are
provided, the space(s) shall meet the requirements of
Chapter 19.124.
Chapter 19.44
39. Update Section 19.44.020 (A) to correct reference:
A. The requirements of this chapter, unless waived or modified in accord with
Section 19.44.0980, must be met with respect to all real properties intended to be
developed as, or converted to, a single-family residential cluster development as
described in this chapter, including the conversion of existing apartment houses to
condominiums.
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Chapter 19.46
40. Edit Table 19.46.070 (G) to use correct spelling of sight:
Chapter 19.60
41. Update Section 19.60.050 to correct references:
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the
following regulations shall apply to all users governed by this chapter.
3. The activity must be conducted entirely within a building or enclosed patio or
atrium except for:
b. Vehicular parking including the parking of business related vehicles that
comply with the sign, off-street parking, and noise regulations;
c. Outdoor seating for restaurants in accordance with the requirements of
Section 19.60.0430.
d. Special promotional events undertaken by permitted businesses;
e. The display of merchandise in front of stores must be displayed under a
roof overhang or canopy and must be displayed in an organized, neat, and
safe fashion, in accordance with the requirements of Section 19.60.0430.
Chapter 19.100
42. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the attached accessory
structure setbacks:
b. Attached accessory
buildings/structures
setbacks, height and lot coverage regulations
applicable to principal dwellings in the applicable
zone, unless a separate setback standard is provided
in subsection (d) through (g) below.
43. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:
Chapter 19.102
44. Edit Section 19.102.020 (D) to clarify applicability of standards:
G. Corner Triangle and Sidewalk
Sighte Triangle
e
341
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, apply only to the
new exterior glass windows, doors, or features
Chapter 19.104
45. Update Section 19.104.100 (L) to correct an internal reference:
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.2980. One "OPEN" sign not exceeding two square feet and of any material
may be placed in a window without penalty towards window coverage limitations;
46. Update Section 19.104.140 to clarify standards:
Commercial
& Industrial
• One sign per
business with
exterior frontage
Businesses
.; or
Sign directed
- of-
.; or
Single tenant
rar ft of
wall sign per frontage
the roof or top of
parapet, unless it is an
integral part of the face
of an architectural
projection.
• No projecting wall
sign shall extend into a
public right-of-way
more than twelve
inches. Any projecting
clearance of at least
fifteen feet above a
private or public
vehicular roadway,
alley, driveway, or
parking area, and at
least eight feet above a
sidewalk, pedestrian
mall, or landscaped
area.
Meets
Design
Section
19.104.220
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Office &
Businesses
.; or
Sign directed
- of-
Same as above Same as
above
47. Update Section 19.104.150 (C) to correct an internal reference:
C. Logos,
Symbols,
All except
residential
districts
14.24.050
19.104.140
Same as
Sec.
19.104.140
CDD
•Not
illuminated -
exempt
Shall meet Design
Review Criteria in
restrictions in Sec.
19.104.190
48. Edit Table 19.104.160 to use correct spelling of sight:
Use/
Zoning
Location
Maximum
Height
Review Authority
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Use/
Zoning
Location
Maximum
Height
Review Authority
sign = Total Sign
Area ghte triangle.
Chapter 19.124
49. Update reference in Section 19.124.030 (I) to parking exception approval authority:
I. Tandem, Valet, and Other
Special Parking Arrangements parking may be approved per Section
19.124.0650C.
50. Revise language in Section 19.124.040 to clarify intent and applicability of standard:
N. Landscape
Requirements
five
percent or greater increase or decrease in floor area or a
twenty-five percent or greater change in floor area resulting
from a use permit or architectural and site approval within
twelve months shall be required to meet the following
minimum landscape requirements. However, the Planning
Commission and/or City Council may recommend additional
landscaping.
Chapter 19.132
51. Update Section 19.132.050 to refer to Conditional Use Permit findings:
Written findings regarding the granting or denial of any conditional use permit
subject to this chapter shall be made by the Planning Commission in accordance
with Chapter 19.156 and shall be based on substantial evidence in light of the entire
administrative record.
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RESOLUTION NO. 2025-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE
MUNICIPAL CODE TO MAKE MINOR TEXT EDITS
FOR IMPROVED CLARITY AND CONSISTENCY
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. 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 of a significant
effect on the environment. CEQA applies only to projects which have the potential of
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
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A
with the following modifications:
• Remove proposed amendments unrelated to SB 450 compliance, minor text edits
to correct typos, updated references, and ensuring internal Code consistency.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 9th day of September, 2025, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Lindskog, Scharf, and Fung
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
345
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ATTEST: APPROVED:
Luke Connolly Santosh Rao
Assistant Director of Community Chair, Planning Commission
Development
346
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ORDINANCE NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE
MUNICIPAL CODE TO MAKE MINOR TEXT EDITS
FOR IMPROVED CLARITY AND CONSISTENCY
The City Council of the City of Cupertino finds that:
1. WHEREAS, the City Council desires to have objective standards applicable to projects that are
clear and understandable to ensure orderly development; and
2. WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify
the development standards to be applied to two-lot subdivisions and duplex development, and
to clarify existing standards within the Municipal Code to better align with internal policies and
practices ; and
3. WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety,
convenience, and general welfare; and
4. WHEREAS, 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 of a significant effect on the environment. CEQA applies only
to projects which have the potential of 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
amendments to the City Code would have no or only a de minimis impact on the environment.
The foregoing determination is made by the City Council in its independent judgment; and
5. WHEREAS, following necessary public notices given as required by the procedural ordinances of
the City of Cupertino and the Government Code, the Planning Commission held a public hearing
on September 9, 2025 to consider the Ordinance; and
6. WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission
recommended on a unanimous vote that the City Council adopt the proposed Municipal Code
Amendment to clarify development standards; and
7. WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one public
hearing to consider the Municipal Code Amendment; and
8. WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance.
347
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Exhibit 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.
SECTION 3: California Environmental Quality Act.
Determine that Project is exempt under the requirements of the California Environmental
Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of 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 amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
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SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 7, 2025
and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025
by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
349
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Liang Chao, Mayor
City of Cupertino
Date
Kirsten Squarcia, City Clerk
Date
Floy Andrews, City Attorney
Date
350
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EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR
TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (example) and text to
be deleted is shown in strikethrough (example). 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.
Chapter 14.15
1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape
Documentation Package is required for projects with a landscape area of equal to or
greater than 2,500 square feet, consistent with CCR Title 23, § 490.1:
Type of Permit Total
Landscape
Building Permits
New home in R1, RHS, A1 or R2
Zones
< 500 s.f.
Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
New home in R1, RHS, A1 or R2
Zones
<500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
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Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
≤ < 2,500 s.f. (Appendix A) or Landscape
> ≥ 2,500 s.f.
rehabilitation project
<
> ≥
New and rehabilitated cemeteries >0 s.f.
Landscape and Irrigation Maintenance
Schedule (Sec. 14.15.120)
Landscape Installation Report (Sec.
Existing and established
landscapes, including cemeteries >1 acre Audit of Established Landscapes (Sec.
Chapter 14.18
2. Reorder Chapter 14.18 to improve readability:
14.18.020 Definitions.
14.18.0340 Actions Prohibited.
14.18.04180 Retention Promoted.
14.18.0530 Protected Trees.
14.18.2060 Plan of Protection.
14.18.07150 Heritage Tree Designation.
14.18.08160 Heritage Tree List.
14.18.09170 Heritage Tree Identification
Tag.
14.18.1090 Recordation.
14.18.11070 Application and Approval
Authority for Tree Removal Permit.
14.18.12080 Action by Director.
14.18.13090 Notice and Posting.
14.18.140 Tree Management Plan.
14.18.15060 Exemptions.
14.18.1600 Tree Replacement.
14.18.1730 Retroactive Tree Removal
Permit.
14.18.020 Definitions.
14.18.030 Protected Trees.
14.18.040 Actions Prohibited.
14.18.050 Penalty.
14.18.060 Exemptions.
14.18.070 Application and Approval
Authority for Tree Removal Permit.
14.18.080 Action by Director.
14.18.090 Notice and Posting.
14.18.100 Tree Replacement.
14.18.110 Review, Determination and
Findings.
14.18.120 Notice of Action on Permit -
Appeal.
14.18.130 Retroactive Tree Removal Permit.
14.18.140 Tree Management Plan.
14.18.150 Heritage Tree Designation.
14.18.160 Heritage Tree List.
14.18.170 Heritage Tree Identification Tag.
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Page 9 of 61
81
Findings.
14.18.1920 Notice of Action on Permit -
Appeal.
14.18.2010 Protection During Construction.
14.18.2120 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
2205
14.18.200 Plan of Protection.
14.18.210 Protection During Construction.
14.18.220 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
3. Update Section 14.18.100 (previously Section 14.18.160) - Replacement Tree Guidelines for
consistency with Section 14.18.030.
Diameter of Trunk Size of Removed Tree (Measured 4½
feet above grade)Replacement Trees
36 18 Two 24" box trees or One 36" box
tree Over 18 inches and up to 36 inches
to approved development trees(s),
and approved required protection trees in R-1 zones.
4. Modify Section 14.18.200 (B) (previously Section 14.18.060 (B)) to clarify standards and ensure
consistency with Zoning Ordinance:
B. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the
lot on which the privacy planting specimens are located. Landscape planting maintenance
includes irrigation, fertilization, and pruning, as necessary, to yield a growth rate expected
for a particular species. Where existing privacy plantings are approved for removal or dies,
replacement privacy trees must be planted it must be replaced within thirty days with in
the same location, size and with the same species, and of the same size as the tree(s) being
replaced, unless the location, species, or size is determined to be infeasible by the
Director of Community Development. If an alternative location is proposed due to
infeasibility of replanting in the same location, as determined by the Director, the
alternative location must continue to provide screening of the privacy viewshed, as
defined in Section 19.28.120 (C) (2) (a).described in Ordinance No. 1799 (privacy
protection) and its appendix. The affected property owner, with privacy protection
planting on his or her lot, is required to maintain the required planting and shall be
required to comply with Section 14.18.100.
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Page 10 of 61
5. Update references in Section 14.18.020 to reflect re-ordered sections:
N. “Protected tree” means any class of tree specified in Section 14.18.0530.
P. “Specimen tree” means any class of tree specified in Section 14.18.0530 (B).
T. “Tree removal permit” means a permit for tree removal of any protected trees pursuant to
Section 14.18.0530.
6. Update references in Section 14.18.040 (B) (previously Section 14.18.030 (B)) to reflect re-
ordered sections:
B. It is unlawful to remove any protected tree in any zoning district without first obtaining a
tree removal permit as required by Section 14.18.11070, unless a permit is not required per
Section 14.18.15060.
7. Update references in Section 14.18.030 (previously Section 14.18.050) to reflect re-ordered
sections:
Except as otherwise provided in Section 14.18.1730, the following trees shall not be removed
without first obtaining a tree removal permit:
8. Update references in Section 14.18.150 (B) (previously Section 14.18.070 (B)) to reflect re-
ordered sections:
B Application. In addition to requirements of Section 14.18.11070, an application for a
heritage tree designation shall include:
9. Update references in Section 14.18.190 (previously Section 14.18.100) to reflect re-ordered
sections and to make timelines consistent with current processes:
Heritage trees, privacy plantings, and approved development trees are required to be
retained as part of an application under Section 14.18.0530C. and Section 14.18.0530D. and
shall have retention information placed on the property deed via a conservation easement in
favor of the City, private covenant, or other method as deemed appropriate by the Director.
The recordation shall be completed by the property owner prior to final map or final
building permit inspectionissuance, or at a time as designated by the Director of
Community Development when not associated with a final map or final building permit
inspectionissuance.
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Page 11 of 61
10. Update references in Section 14.18.070 (previously Section 14.18.110) to reflect re-ordered
sections:
No person shall directly or indirectly remove or cause to be removed any protected tree
without first obtaining a tree removal permit, unless such tree removal is exempt per Section
14.18.15060. An application for a tree removal permit shall be filed with the Department of
Community Development and shall contain the following information based on the size and
type of the protected tree:
…
c. Notice and posting per Section 14.18.13090.
…
B. Maximum tree removal cap. In the R1, A1, A, RHS, and R2 zones, an applicant may
remove up to six mature specimen trees or five percent of mature specimen trees on the
property (whichever is greater) with a single-trunk between twelve and twenty-four inches
(multi-trunk between twenty-four and forty-eight inches) within a thirty-six month period.
The thirty-six month period will start from the date of the approved tree removal permit.
Applications requesting to remove additional trees within a thirty-six month period will
require an arborist report and notification per Section 14.18.13090.
…
1. The Director of Community Development shall have the final review and determination
on applications for protected tree removals in accordance with Section 14.18.12080; except
for heritage tree removals and tree removals in conjunction with development applications.
The Director of Community Development may refer the application to the Planning
Commission another approval authority for a report and recommendation.
11. Update references in Section 14.18.080 (previously Section 14.18.120) to reflect re-ordered
sections:
Upon receipt of a complete tree removal permit application, the Director of Community
Development or his or her authorized representative will:
A. Review the application pursuant to Section 14.18.1810;
B. At the Director’s discretion, conduct a site visit, within fourteen days, to inspect the
tree(s) for which removal is requested. Priority of inspection shall be given to those
requests based on hazard or disease; and
C. Send notices or schedule a hearing in accordance with requirements in Section
14.18.13090 and Chapter 19.12.
12. Update references in Section 14.18.090 (previously Section 14.18.130) to reflect re-ordered
sections:
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Page 12 of 61
A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110F
for the following tree removal permits:
1. Mature specimen trees with single trunk over twenty-four inches DBH or for multi-
trunk over forty-eight inches DBH;
2. Heritage trees;
3. Privacy planting trees;
4. Approved development trees; and
5. Mature specimen trees exceeding the maximum tree removal cap (Section
14.18.11070B).
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 14.18.15060 do not
require notice or posting.
13. Update references in Section 14.18.140 to reflect re-ordered sections:
7. Notice and posting to residence, Section 14.18.13090.
…
C. Recordation. The property owner shall have retention information placed on the property
in accordance with Section 14.18.1090, referring to the approved tree management plan,
upon approval.
14. Update references in Section 14.18.060 (B) (previously Section 14.18.150 (B)) to reflect re-
ordered sections:
B. The following circumstances warrant the removal 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 14.18.1730. Tree
replacements may be required in conjunction with approval of this tree removal permit
(Section 14.18.1600):
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
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 14.18.11070 through 14.18.12080. The Director
356
Page 13 of 61
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.
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 Section 14.18.11070 through 14.18.12080. 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.
15. Update references in Section 14.18.100 (previously Section 14.18.160) to reflect re-ordered
sections:
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, unless
deemed otherwise by the approval authority. Table 14.18.1600A may be used as a basis for
this requirement.
Table 14.18.1600A - Replacement Tree Guidelines
16. Update references in Section 14.18.110 (D) (previously Section 14.18.180 (D)) to reflect re-
ordered sections:
D. The approval authority may require tree replacement(s) or accept a tree replacement in-
lieu fee per Section 14.18.1600 in conjunction with a tree removal permit.
17. Update references in Section 14.18.220 (previously Section 14.18.210) to reflect re-ordered
sections:
A. A plan to protect trees described in Section 14.18.2010 shall be submitted to the Director
of Public Works and to the Director of Community Development prior to issuance of a
demolition, grading or building permit. The plan shall be prepared and signed by a licensed
landscape architect or arborist certified by the International Society of Arboriculture and
shall be approved by the Director of Community Development. The Director of Community
Development shall evaluate the tree protection plan based upon the tree protection
standards contained in Appendix A at the end of this chapter.
18. Update references in Section 14.18.050 (previously Section 14.18.220) to reflect re-ordered
sections:
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Page 14 of 61
Violation of this chapter is deemed an infraction unless otherwise specified. Any person or
property owners, or his or her agent or representative who engages in tree cutting or
removal without a valid tree removal permit is guilty of an infraction as outlined in Chapter
1.12 of this code and/or may be required to comply with Sections 14.18.1600 and 14.18.1730.
19. Update references in Chapter 14.18 Appendix A to reflect re-ordered sections:
The purpose of this appendix is to outline standards pertaining to the protection of trees
described in Section 14.18.2010 and Section 14.18.2120 of Chapter 14.18. The standards are
broad. A licensed landscape architect or International Society of Arboriculture certified
arborist shall be retained to certify the applicability of the standards and develop additional
standards as necessary to ensure the property care, maintenance, and survival of trees
designated for protection.
20. Update references in Chapter 14.18 Appendix B to reflect re-ordered sections:
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 14.18.0530B
21. Update Section 14.18.030 (C) (previously Section 14.18.050 (C)) for clarification of
applicability:
C. Approved development trees(s), including trees on properties in a Planned zoning
designation.
22. Update references in Section 14.18.070 (A) (2) (b) (previously Section 14.18.110) to clarify
review requirements:
b. An arborist report from an arborist certified by the International Society of Arboriculture,
subject to third-party peer review under the direction of the City at the applicant’s cost, or
a deposit for preparation of an arborist report by a City contracted arborist.
Chapter 18.20
23. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban
Lot Splits from the Zoning Ordinance:
18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential
Zones.
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Page 15 of 61
A. Lot Configuration
1. Single-
Family
Residential
Zones (R1)
added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet
or more street frontage, or (ii) more than 75 feet of street
frontage and a lot depth of up to 145 feet, shall result in a
street frontage that is between 40-60% of the existing street
frontage of the lot being subdivided. Resulting lots shall have
a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet
of street frontage and a lot depth of more than 145 feet, may
be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least
40% of the existing street frontage of the lot being
subdivided. Lots shall have a side-by-side orientation and
shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to
the street. The buildable area of the flag lot shall span the
entire distance between the two side property lines that
intersect with the front property line of the lot being
subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet
of street frontage shall result in one flag lot with access to the
street. The buildable area of the flag lot shall span the entire
distance between the two side property lines that intersect
with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same
orientation as the existing lot (i.e., the existing front lot line
must be the front lot line of the future lots and the existing
rear lot line shall be the rear lot line of the future lots) and
that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the
existing street side property line to create at least one front lot
Hillside Zones
(RHS)
and shall follow the contours of the property.
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Page 16 of 61
b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot.
e. No new or expanded structures shall encroach upon any
existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill (including
grading for building pad, yard areas, driveway, all other areas
requiring grading, and basements), except if the original lot
that was subdivided has already performed prior grading, then
the amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
24. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180:
H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to
any applicable objective subdivision standards in this Title or the Subdivision Map Act
and the requirements of Government Code Section 66411.7, a lot split approved
pursuant to this Section must, to the maximum extent permissible under Government
Code Section 66411.7, comply with the objective standards including but not limited to
objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and
19.40.050.
Chapter 18.52
1. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180
B. Lot Configuration.
4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot
subdivisions shall also apply the standards of Section 18.20.180.
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Page 17 of 61
Chapter 19.08
25. Update Section 19.08.030, to add “Balcony” definition:
"Balcony" means a horizontal platform that is:
1. Either recessed or projected out from the walls of a building; and
2. Above the first floor; and
3. Without support from the ground or floors directly below; and
4. Surrounded by a rail, balustrade, or parapet on at least one side; and
5. Accessible from the building’s interior; and
6. Not directly accessible from the ground.
In the event of a conflict between this definition and the requirements of State law (e.g.
California Building Code), the requirements of State law shall prevail. The definition of
balcony does not include decks or exterior corridors.
26. Update Section 19.08.030, “Bay Window” definition:
"Bay window" means a projecting window element that is not an extension of the floor area
and does not incorporate any useable space for seating or other purposes.
Additionally, a bay or projecting window shall:
Be a projection of windows, not walls;
Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall;
Be a minimum of twenty-four inches from the finished floor;
Not create a projection of the floor;
Not occupy more than 50% of an interior exterior wall face.
These limitations do not apply to bay windows which have been counted towards floor area
and meet required setbacks.
27. Update Section 19.08.030, to add “Deck” definition:
"Deck" means a platform other than a balcony that is:
1. Either freestanding or attached to a building, and
2. Supported by the ground, pillars, posts, walls, or floors below, and
3. Accessible from interior building space.
A deck may be located at ground level or on higher floors, and may be surrounded by
railings, balustrades or similar structures for safety purposes.
28. Update Section 19.08.030, “Floor Area” definition:
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Page 18 of 61
"Floor area" means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1. Halls;
2. Base of sStairwells at each floor;
3. Base of eElevator shafts at each floor;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor level and the ceiling
above;
6. Residential basements in the A, A1, R1 and RHS zoning districts with lightwells that do
not conform to Section 19.28.070(I);
7. Residential basements in the R1 and RHS zoning districts on projects pursuant to
Government Code section 65852.21
8. Residential garages;
9. Substantially enclosed Rroofed arcades, plazas, walkways, porches, breezeways,
porticos, courts, and similar features substantially enclosed by exterior walls;
10. Substantially enclosed balconies and decks above the first floor;
11. Sheds and accessory structures.
“Floor area” shall not include the following:
1. Residential basements in the R1 and RHS zoning districts with lightwells that conform
to Section 19.28.070(I);
2. Required lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
29. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50
square feet in area, located immediately adjacent to the primary entry of a building for
the purpose of providing pedestrian access from the outdoor ground elevation to a
building interior. If the platform portion of a front entry porch (not including steps) is
more than 50 square feet or has a proportionately greater width than its height, the
structure is considered a porch.
30. Update Section 19.08.030, to clarify the definition of “Height, Entry Feature”:
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Page 19 of 61
“Height, Entry Feature" means a vertical distance measured parallel to the natural grade
to the top of the wall plate. Entry features shall be limited to a maximum height of
fourteen feet.
31. Update Section 19.08.030, “Lot” definition:
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for purpose
of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of land
not otherwise meeting the requirement of this title for lot width that consists entirely of
and provides the sole means of vehicular connection between the buildable area of the lot
and an abutting street.
3. “Interior lot” means a lot other than a corner lot or a flag lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side lot line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a
cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot
lines.
32. Update Section 19.08.030, “Lot area” definition:
“Lot Area” means:
1. "Gross lot area" means the area of a lot measured horizontally between boundary
lot lines.
2. "Net Llot area" means the area of a lot measured horizontally between boundary lot
lines, but excluding a portion of a flag lot providing access to a street and lying
between a front lot line and the street, and excluding any portion of a lot within the
lines of any natural watercourse, river, stream, creek, waterway, channel or flood
control or drainage easement and excluding any portion of a lot acquired, for access
and street right-of-way purposes, in fee, easement or otherwise.
33. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent
to an entrance to a residential structure for the purposes of providing pedestrian access
from the outdoor ground elevation to a building interior and/or private, recreational open
space. A porch differs from a front entry porch or a front entry feature, which has a
proportionately greater height than its width and is less than 50 square feet in area.
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Page 20 of 61
34. Update Section 19.08.030, “Setback Line” definition:
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side, or rear yard, or the boundary of any public right-of-
way or private roadstreet, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum front,
side, or rear yards are specified, the setback line shall be coterminous with the corresponding
lot line, or the boundary of any public right-of-way or private road, whether acquired in
fee, easement, or otherwise, or a line otherwise established to govern the location of
buildings, structures or uses.
35. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable
consistent:
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear building
line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in
calculation of usable rear yard area.
36. Revise Appendix C of Chapter 19.08 to correct spelling of sight:
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk Clearance
at Driveways).
Chapter 19.12
37. Update Section 19.12.020 (A) to reference correct sections:
A. In the A, A1, R-1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and
Chapter 19.40;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R-1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.0750(B)(3);
5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter
19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48;
8. Variance to all other zoning regulations.
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Page 21 of 61
38. Update portions of Table 19.12.030 to reference correct sections:
Type of Permit or
DecisionA, B
Administrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing
RadiusD
Posted Site
Notice
Expiratio
n DateE
Chapter/
Findings
Agreements - - R F PH Code 65867 Yes - 19.144.1210
F, H - - F/R A1 19.12.110/
300’ 19.156.0540 G F - A1 2
MajorF, H, I F - A1/F/R A1/ A2/F PH Code 65905 Yes 2 years 19.156.0540
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.0750,
19.136.090
Variance F - A1 A2 PH Code 65905 Yes 2 years 19.156.0650
Parking Exceptions I F - FA1 A1/A2 Varies M Adjacent/
300' N
Yes 1 year 19.124.0560
Tree Removal F - A1 A2 CP ,
unless exempt
, unless
exempt 1 year 14.18.1810
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39. Clarify language of footnote K of Table 19.12.030:
Minor Architectural and Site Approval application - single family home in a planned
development zoning district, ; minor building architectural modifications, ; landscaping,
signs and or lighting for new development, ; permanent supportive housing with up to 6
units subject to by-right processing as required by Government Code Section 65650 et seq., ;
redevelopment or modification in such zones where review is required, ; and minor
modifications of duplex and multi-family buildings.
40. Add Section 19.12.080 (D) and (E) to clarify the City’s policy for inactive permits and
demolition of residential units:
D. Expiration of Application. If an applicant does not provide the information and
materials necessary for a pending application to be deemed complete and/or consistent,
pursuant to state law, within 180 calendar days after notification of incompleteness or
inconsistency the application shall be deemed withdrawn. The Director may grant one
180 calendar day extension upon written request by the applicant, submitted prior to
the expiration of the first 180-day period. After expiration of the application and
extension, if granted, a new application, including fees, plans, exhibits, and other
materials will be required to commence processing of any project on the same property.
E. Demolition of Residential Units.
a. No permit shall be issued for the demolition of a residential unit, unless building
permit plans for a replacement project have been approved and issued; or
b. Where demolition of a residential unit is required to allow for the recordation of an
approved tentative map, no permit shall be issued for the demolition of a
residential unit, unless building permit plans for a replacement project are ready
for issuance following recordation of the associated map. Demolition of a
residential unit to comply with Code Enforcement action may be permitted.
41. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5):
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accordance with 19.12.110A(2) and A(53), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project, unless plans contain protected information, as defined by
California Government Code Section 65103.5.
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Chapter 19.16
42. Update Section 19.16.060 to remove reference to the incorrect section:
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a
boundary between districts, the provisions of the zoning regulations applicable within each
district shall apply only to the portion of this site situated in each separate district.
Chapter 19.28
43. Update Section 19.28.060 to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet square feet iii.10,000 square feet
have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.
B. Minimum lot width (at the
front setback line)
i. 50 feet ii. 60 feet iii. 75 feet
a. No more than two new, non-curved property lines may be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii)
more than 75 feet of street frontage a lot depth of up to 145 feet shall result in lots width. Resulting lots
shall have a street frontage that is between 40-60% of the lot width existing street frontage of the lot
being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more
than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel;
or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot
shall span the entire distance between the two side property lines that intersect with the front
property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot
side property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the
existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be
the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at
least one front lot line on that frontage.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
BC. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project approved
pursuant to Chapter 19.28.150 shall be occupied by non-
hardscape landscaping
additions or new homes. The purpose of the
landscaping is to beautify the property and
to achieve partial screening of building forms
from the street and adjacent properties.
Generally, the landscaping may include
shrubbery, hedges, trees, or lattice with vines
on fences
iv. At least 50% of the front yard of any project
be occupied by non-hardscape landscaping
CD
1. Total site grading (cut plus
fill)2,3
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section
19.28.040(HG).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal site
grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat yard area
created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not
including the driveway, as calculated prior to any subdivision.
D. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections
19.40.060(E), (H), (I) and (J).
1. On actual slopes ≥ 30%
and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and
Sections 19.40.060(E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning
Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is
permitted on lots developed pursuant to Section 19.28.150.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
2. For projects proposed
pursuant to Government
Code Sections 64411.7
and/or 65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an
average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from
existing natural grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches
from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from
existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
F. On-site improvements
All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut,
AC pavement, and underground utilities at the street as follows:
1. i. Detached pathway when a property on either side of the subject property has a detached pathway;
2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
3. iii.
the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be
provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution.
4. iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.
G. Curb Cuts Driveways for
developments pursuant to
Government Code Section
64411.7 or 65852.21
-driveway
shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts,
else, a shared driveway with curb cut, no more than a two-car curb cut, may be provided.
2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35
feet: a maximum of a two-car driveway curb cut is permitted provided a distance of at least 22 feet is
provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a
one-car driveway curb cut.
3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share vehicular
access off of the access area of the resulting flag lot, unless one of the lots is an new interior lot with at
least 50 feet of minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a
maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side. A maximum two-car driveway curb cut is permitted at the right-of
way. No other curb cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permitted.
5. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for front lot shall be located in the rear 50% of the property.
6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant
to Government Code Section 65852.21 subdivision, an existing curb cut of not more than 18 feet in width
may remain when providing exclusive access to the existing residence.
7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.
8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
H. Driveways
When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum
of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side.
2. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for the front lot shall be located in the rear 50% of the property.
3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
5. Subparagraphs 3 and 4 do not apply to the flag lot access area.
6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
. Easement and Covenants
required for subdivisions
pursuant to Government
Code Section 64411.7
1. Utility easements shall be recorded prior to final parcel map recordation.
2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final
map recordation.
J. Public Improvements dedication to accommodate the predominant public right-of-way, as determined by the City Engineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk,
which shall be installed by the applicant at his or her expense.
Notes:
1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as
building sites, provided that all other applicable requirements of this title are fulfilled.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for
multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading
quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.
3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible
extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the
applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such
landscape areas shall be properly maintained.
(Continued on next page)
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44. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section 19.28.070 (L)
and 19.28.070 (M) to clarify objective language and update standards for single-family
residential design to reflect changes to State law made through SB450:
B. Maximum Floor
Area Ratio
, however, a housing development project
on a lot having a slope 30% or greater shall not exceed the floor
area allowed under Chapter 19.40.
--- --- ---
1. Number,
size, and
volume of
lightwells
a. Residential
Code for egress, light, and ventilation, unless the basement area is
counted towards floor area, except that in the case of a single-story house
with a basement, one lightwell may be up to 10 feet wide and 10 feet long.
b. Lightwells with stairs are not permitted, except that one lightwell
with stairs is allowed if it is the primary means of access to an
independent basement residential unit which is separated from any
other residential unit. The lightwell with stairs is limited to the
minimum size required for light and ventilation or egress per the
Residential Building Code.
2. Minimum setback for lightwell retaining wall
. Side yard 5 feet
. Rear yard 10 feet
3. Lightwell
railings
3three , six inches fencerailing
located immediately adjacent to the lightwell.
screening landscaping.
5. Root barrier
measures
theall s all s retaining walls
be treated and/or reinforced with the most effective root barrier measures
as determined by an ISA certified Arborist in conjunction with
recommendations from a certified Structural Engineerby the Director of
Community Development.
--- --- ---
3. First Floor and
Second Floor
story structures and single-story sections of two-story structures
must fit into the building envelope defined by:
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Envelopes
property line; and
ii. A 25 degree roof line angle projected inward at the 10 foot high
line referenced above;.
b. Notwithstanding the building envelope, a gable end of a roof
enclosing an attic space may have a maximum wall height of 17 feet
to the peak of the roof as measured from natural grade, or up to 20
feet with a Minor Residential permit subject to Chapter 19.12.
c. Second-story building envelope: All the maximum exterior wall
height and building height on two-story sections of two-story
structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at the
property line; and
ii. A 25-degree roof line angle projected inward at the 16-foot-
high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
45. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23-
2254:
C. Maximum
second to first floor
ratio
,
a. Ssee Sections 19.28.040(D) and (E)(1) for permitting requirements.
Homes subject to design review shall comply with the design review
principles in Section 19.28.110(C).
46. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable:
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if,
after the reduction, the useable rear yard area is not less than 20 times the lot width as
measured from the front setback line.
47. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference altered
by the adoption of Ordinance 23-2254:
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a. Interior
Lot
i. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to
design review shall comply with the design review principles in Section
19.28.110(C).
b. Corner lot feet)
i. Interior
Side
single family dwelling
iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject
to design review shall comply with the design review principles in Section
19.28.110(C).
48. Revise language in Table 19.28.090 (C) to clarify standards:
C. Maximum second to first
floor area ratio
40% of the existing or proposed first floor area or 750 square
feet, whichever is greater, except as follows:
a. A second floor may be at least 750 square feet in area
ba. In no case shall a second floor be more than 1,100 square
feet in area.
49. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23-
2254:
height 19.28.110(A)(67)
50. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design
to reflect changes to State law made through SB450:
M. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
51. Update Section 19.28.110 (A) to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
Any new single-family residential house or addition to an existing house shall be generally
consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and
(B).
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A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2
1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of garage
area, unless doing so would result in an area that could not accommodate the
minimum required setbacks and enclosed parking area. the lot is not wide enough
to accommodate.
3. a. In the R1-a zone, tThe maximum width of a garage on the front elevation shall be
twenty-five feet, which will accommodate a two-car garage. Additional garage
spaces shall be provided through the use of a tandem garage or a detached accessory
structure at the rear of the property.2
4. Usable living area, not including any architectural feature, porch, or patio, shall be
a minimum of two feet closer to the street than the garage, unless a side entering
garage with curved driveway is provided or the lot is not wide enough to
accommodate living area adjacent to the garage, while garages should be set back
more.
5. All roofs shall have at least a one-foot overhang.
6. Air conditioning units and similar mechanical equipment such as generators,
sump pumps, heating, and ventilation equipment should be ground-mounted and
screened from public view, or underground, and shall meet accessory structure
setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code.
Mechanical, heating, or cooling equipment or associated piping installed on the roof
shall be screened from the public right away, except in R1-e zones where roof top
equipment is not allowed.
7. A porches, patio, or other front entry feature is required are encouraged.
a. The feature shall be oriented to face the street and shall include a front entry
door also oriented to face the street.
b. If duplexes are proposed on corner lots, the entrances to the two units shall be
on different street frontages, except that if the corner lot fronts a major
collector, both the entrances may be located on the minor collector or
neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be
proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that emphasizes
the base and have caps for posts and fence elements of the feature.
e. In the R1-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall appear proportionately greater
in width than in height. A porch differs from an entry element, which has a
proportionately greater height than its width.
ii. Structural supports shall be designed such that the appearance is not
obtrusive or massive.
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iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front entry porch shall not be significantly taller than
the eave height of typical single-story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for
posts and fence elements.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet
from natural grade to plate.2
8. Third car garage spaces shall be set back as follows:
a. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory structure at the rear of the property.
b. On flag lots or on side-oriented garages located at the rear of the principal unit:
a third parking space may be on the same wall plane as the other two parking
spaces.
9. Garage doors for no more than two car spaces shall be visible from the public
right of way.
10. All garage doors shall be recessed a minimum of six (6) inches from the
surrounding building wall and shall include trim of at least one and a half (1.5)
inches in depth.
11. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable
portion of the house. The window style must be the same as the windows on the
habitable dwelling unit(s).
12. Private Open Space: Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than 10 feet. Private
open space shall not be located in the required front yard setback area.
13. Exterior and/or uncovered stair access shall not be allowed to the second floor.
14. Detached structures on a lot must use the same architectural style and materials as
the primary residence.
15. Except in R1-e zones, the elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry feature, and/or elements of
architectural interest, such as wall insets or offsets, planters, railings, trellises, a
combination of roofing elements (e.g., hip and gable roofs), dormers, change in
architectural materials, quoins, accent tiles, or a prominent accent window inset
greater than six inches. Windowsills, door or window trim, and roofing materials
do not count as one of the features.
16. Gable ends and Dutch gable ends taller than thirty inches shall include at least
one element of architectural interest such as:
• a wall offset with corbels, brackets, or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
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• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building; or
• windows/glazing.
17. Stone veneer or accent materials used as a wainscot on a street facing façade shall
be wrapped around to the side façade and end at a logical terminus, such as a
fence line or a chimney or at an interior corner. Stone veneer or any other siding
material wrapped on columns shall terminate at the floor or ground, as applicable.
52. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G):
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and
additions, tree and/or shrub planting is required. The intent of this section is to provide
substantial screening of views into neighboring residential side or rear yards within three
years of planting, in order to protect the privacy of adjoining properties.
53. Update Section 19.28.120 (A) to clarify objective language and update standards for single-
family residences in response to the changes to State law made through SB450:
A. Applicability. These requirements shall apply to new two-story homes, second-story
decks, two-story additions, modifications to the existing second-story decks and/or new
windows on existing two-story homes that increase privacy impacts on neighboring
residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the
second floor;
e. Non-operable windows with obscure glass to a height of five feet above the
second floor;
f. Windows which do not have views into a neighboring side or rear yard or that
face a street or a non-residential zoning district; and
g. When waivers have been obtained fromby all affected property owners.
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54. Update Section 19.28.120 (C) (1), (2), and (6) to clarify objective language, to make language
consistent with the requirements for landscaping outlined in Chapter 14.18, and update
standards for single-family residences in response to the changes to State law made through
SB450:
1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using tree
that typically grows to a mature height of more than 30 feet, planted at with a
minimum height of six feet, as measured from adjacent grade. California native
trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of the front
yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story
windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree or allow the
tree to be planted outside of the center 50% of the front yard setback area based on
a report from an internationally-certified arborist citing unavoidable conflict with
existing mature tree canopies onsite or in the public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a height of
30 feet or more and is located in the center 50% of the front yard can be used as the
front yard tree, subject to an ISA certified arborist certifying that the tree is in
good health.
e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and future property owners to retain and maintain the tree in
good health.
2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded
by a thirty-degree angle on each side window jamb. and a 180-degree angle from
each corner of a balcony or second story deck, modified by the angle created
between the furthest corner of the balcony or deck and the corresponding corner
of the second story portion of the structure, as shown in the City’s Privacy
Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story windows in
the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the second
floor; or
ii. Obscure glass to a height of five feet above the second floor; or
iii. Have a windowsill height of five feet minimum above the finished second
floor.
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c. The Planning Division shall maintain a list of allowed privacy planting trees and
shrubs. The list includes allowed plant species, minimum size of trees and shrubs,
expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting
shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the
property line equivalent to one-quarter of the spread noted on the City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy
permit.
e. Windows or other openings in the wall with a side yard setback less than 10 feet
or a rear yard setback of less than 25 feet shall have a minimum windowsill height
of more than five feet or shall have obscure glass and be inoperable with a fixed
pane(s).
f. The minimum planter width required for privacy planting shall be three feet.
Emergency access paths shall not be concurrent with areas designated as privacy
planting planters.
6. Replacement. Privacy planting in R-1 zoning districts shall be maintained by the
property owner of the lot. Where required planting is approved for removal removed
or dies, replacement trees must be planted it must be replaced within thirty days with
privacy tree(s) in the same location, size and with the same species, and of the same
size as the tree(s) being replaced, unless the location, species, or size is determined to
be infeasible by the Director of Community Development. If an alternative location is
proposed due to infeasibility, as determined by the Director, the tree(s) must be
relocated to continue screening of the privacy viewshed, as defined in Section
19.28.120 (C) (2) (a), unless a waiver is obtained from the affected neighbor. of similar
size as the tree(s) being replaced, unless it is determined to be infeasible by the
Director of Community Development.
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55. Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to
State law made through SB450:
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any
applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a
housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to
the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for
ministerial development projects:
1. Development Standards (Gov.
Code, § 65852.21)
Except as otherwise provided herein, uU
with Paragraph B, above.; or
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be
no more than 200 square feet greater than the smaller unit of the duplex development.
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum
plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially
Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this
Paragraph; provided, however, that a housing development project on a lot having a slope 30% or
greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances
shall the size of any ministerially approved unit exceed 2,000 square feet of living space.
b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-
or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls
alteration or demolition of an existing unit shall occurbe demolished.
e. If no dedication was required for creation of the lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Engineer, abutting the
corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be
installed by the applicant.
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2. Second to First Floor Area Ratio:
a. The ratio of the second story to first story floor area shall not exceed 5066 in all R1 zoning districts
except the R1-a district. except that:
i. In all R1 zoning districts except the R1-a district:
1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of
66%, if a combined first-story side setback of 15 feet (with no first-story side setback less than
five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the
first story and a rear setback of 25 feet on the second story are provided.
b. ii. In the R1-a zoning district: See Section 19.28.090 (C).
1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square
feet, except where allowed below;
2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if
first-story side setbacks of at least 10 feet each , a combined second-story side setback of 35 feet
(with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story
and 40 feet for the second story are provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater
than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story homes, the floor area shall be counted once each for first and second floor area.
3. 4. Setbacks:
Minimum first
except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
ii. Garages with up to two parking spaces shall be set back two additional feet from the face of
the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in tandem or
in a detached accessory structure at the rear of the property.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third
parking space may be on the same wall plane as the other two parking spaces.
b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
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Minimum first
i. No setbacks shall be required for an existing structure or for a structure constructed in the same
location and to the same dimensions as an existing structure.
ii. No new or expanded structures shall encroach upon any existing public or private utility
easements.
iii. No setback shall be required from a shared new side lot line between the two new lots created
pursuant to an Urban Lot Split under Government Code Section 66411.7 when:
1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split;
and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the
second story; and
4. The entirety of wall faces along the shared property line are structurally attached; and
5. Structures along the new shared property line are no more than zero feet or less than four
feet.
iv. The required building envelope shall not apply to the portions of structures with a zero-foot
setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no
case shall a side yard setback of more than four feet be required.
e. Detached primary residential structures: Detached structures located on the same lot shall have a
setback of five feet as measured between the eaves of the two structures.
54. Maximum height:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall height and
building height ofn single-story structures and single story sections of two-story structures must fit
into the building envelope defined by:
i. A 9-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above;
Notwithstanding the first story building envelope, a gable end of a roof enclosing an unfinished attic
space may have a maximum wall height of 13 feet to the peak of the roof as measured from natural
grade.
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See Section 19.28.070 (J) (3)All the maximum exterior wall height and
building height on two-story sections of two-story structures must fit into the building envelope
defined by:
i. A 15-foot-high vertical line from natural A 25-degree roof line angle projected inward at the 15-
foot-high line referenced above.grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above.
d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the
provisions of subsection (43)(c) above, do not have to meet the first story or second story building
envelope requirements.
65 s Not allowed. Allowed, subject to the requirements outlined in Section 19.28.070 (I).
76. Landscaping and Privacy
Protection:
Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section
19.28.120.
i. A 24-inch box California native tree that typically grows to a mature height of more than 30 feet is
required for all two-story homes and must be placed in the center 50% of the front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet of more
and is located in the center 50% of the front yard can be used as the front yard tree, subject to an
ISA certified arborist certifying that the tree is in good health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying
current and future property owners to retain and maintain the tree in good health.
c. Privacy Protection Planting: for windows from second story windows shall be providedrequired in the
same manner as required pursuant to Section 19.28.120., except as provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall have a
minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable
with a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall have a
minimum windowsill height of five feet one inch, or shall have obscure glass and be inoperable
with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views into an
adjacent side or rear yard or that face a street or a non-residential zoning district.
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iv. Minimum planter width required for privacy planting shall be three feet. Emergency access paths
shall not be concurrent with areas designated as privacy planting planters.
87. Private open space:
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no
dimension less than 10 feet. Private open space shall not be located in the required front yard setback
area. See Section 19.28.110 (A) (12).
8. Permitted yard encroachments:
, but not porches,
b. Architectural features Mmay extend into a required yard a distance not exceeding three feet.
c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure,
may extend closer than three feet to any property line.
d. Architectural features may not exceed 50% of the wall they are on, as measured from the interior wall
surfaces.
9. Second story decks, balconies, or
similar features Not Allowed Minor Residential Permit required consistent with Section 19.28.070 G.
10. Design Standards:
a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).
a. Entry features:
i. A maximum of one entry feature per unit is allowed and no more than one entry feature per
structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry door also
oriented to face the street.
iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the plate.
iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two
entrance doors for the two units. One of the entrance doors or a common opening into a shared
entry portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street
frontages, except that if the corner lot fronts a major collector, both the entrances may be located
on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in
width than in height.
i. Porch elements shall have detailing that emphasizes the base and have caps for posts
and fence elements of the porch.
c. Exterior and/or uncovered stair access shall not be allowed to the second floor.
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d. All new structures proposed in the R1-e zoning district shall meet the building design requirements
in Section 19.28.080 and shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane.
f. In addition to standards outlined in subsections (1) – (9) above, development on properties with an
average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I) and Section
19.40.060(E), (H), (I) and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed,
the primary siding material shall cover the recessed edge faces and wrap toward the
interior face of the window glazing or door by not less than two-inch depth.
h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall
and shall include trim of at least one and a half (1.5) inches in depth.
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width.
j. Detached structures on a lot must use the same architectural style and materials.
k. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a
window on the street front facade so that it appears to be a habitable portion of the house. The
window style must be the same as the windows on the habitable dwelling unit(s).
l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back as
identified in subparagraph (3) above.
m. No more than fifty percent of the front elevation of a house shall consist of garage space.
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces shall be visible from the public right of way.
p. Outdoor lighting shall comply with the requirements of Chapter 19.102.
q. The elevation facing a street shall incorporate at least four architectural features, such as bay
windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets,
planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers,
change in architectural materials, quoins, accent tiles, or an accent window inset greater than six
inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.
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r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of
architectural interest such as:
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around
to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior
corner.
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
11. Accessory buildings/structure:
Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has
been approved pursuant to Section 18.12.170 and one or more unit(s) hasve been approved for
construction pursuant to this Section 19.28.150 on each resulting lot.
b. Limited to one story (not exceed 15 feet).
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be in
compliance with the regulations of Chapter 19.112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating,
and ventilation equipment shall be ground-mounted and screened from public view or underground
and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the
Municipal Code.
. Refuse, recycling, and other
containers
a. See Section 19.28.070 (L) and 19.28.090 (M). A minimum 8-foot by 3-foot space per unit, not visible
from the street, shall be provided in an interior yard behind a fence.
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This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
1314. Parking
Units shall have at least one off
imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor,
as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Each pParking space(s) shall be provided in an enclosed garage encompassing a 10’ by 20’ space for
each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six
feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of
Chapter 19.124.
1415. Driveway and curb cuts:
a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
c. Subparagraphs a and b do not apply to the flag lot access area.
d. When a two-car curb cut is permitted, a maximum 18’ foot wide curb cut shall be allowed.
e. When a one-car curb cut is permitted, a maximum 12’ foot wide curb cut shall be allowed.
Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).
. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
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Chapter 19.36
56. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable:
Projects with five or more units
lot depth,
whichever is
greater. Main
building may
encroach as close as
10 feet to rear lot
line if
a useable rear-yard
setback area of not
less than twenty
times the width of
the lot is
maintained.
the lot depth,
whichever is
greater.
lot depth, whichever
is greater. Main
building may
encroach as close as
if a useable rear-
setback area of not
less than twenty
times the width of
the lot is maintained.
lot depth, whichever
is greater.
floors more than one
story higher than any
adjacent primary
residential structures.
57. Edit Table 19.36.070 (G) to use correct spelling of sight:
Sighte Triangle portions thereof
Chapter 19.38
58. Edit Table 19.38.070 (F) to use correct spelling of sight:
Chapter 19.40
59. Update Section 19.40.040 (A) to make requirement for information clearer:
A. Site Plans that show topographical information at contour intervals not to exceed ten feet
and a horizontal map scale of one inch = two hundred feet or larger and identify all areas
with slopes of thirty percent or more.
60. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and 19.40.050 (I)
through (K) to clarify objective language and update standards for residential hillside
gh e
Triangle portions thereof.
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projects to reflect changes to State law made through SB450 and to correct landscaping
standards reference:
a.
lot being split.
b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
Up to two new property lines may be added to create a new lot
and shall follow the contours of the property.
If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot. In those cases, building pads shall be
sited so as to result in the minimum required grading to
develop two units of up to 800 square feet each.
b. No side or rear setbacks shall be required for an existing
structure or for a structure constructed in the same location and
to the same dimensions as an existing structure.
g. No new or expanded structures shall encroach upon any
existing public or private utility easements.
E. Site Grading
1. Maximum Grading
Quantity
Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and all
other areas requiring grading.
Excludes: basements
All cut and fill shall be rounded to contour with natural contours
and planted with landscaping which meets the requirements in
Section 19.40.050 GF.
c. For each of the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21, a cumulative
total of 1,250 cubic yards, cut plus fill (including grading for
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building pad, yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot that was
subdivided has already performed prior grading, then the
amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
i. Unless required by the City Engineer or to meet Fire Code
requirements, grading activity on lots with an average slope of:
A. Less than five percent shall not result in a change in
grade elevation by more than 12 inches from existing
natural grade.
B. Between five and ten percent shall not result in a change
in grade elevation by more than 24 inches from
existing natural grade.
C. Ten percent or more shall not result in a change in grade
elevation by more than three feet from existing
natural grade.
. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the minimum
demonstrated by a grading and drainage plan prepared by
a registered civil engineer.
ii. Split level designs shall be used to avoid additional changes
in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils shall
be balanced on site and shall match the existing grading
and drainage pattern of the site.
iv. Unless required by the City Engineer, development shall not
result in a finished floor more than 36 inches above finished
grade.
Shall be limited to the building pad area to the greatest extent
possible.
within 50 feet of ,
unless additional grading is required for emergency access, as
determined by the Fire Department, or for utilities, as
determined by the applicable service provider or the City
Engineer to the greatest extent possible.
b. For lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, graded areas are limited to
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lots.
E.g., two lots sharing a driveway shall divide the driveway grading
quantity in half. The divided share will be charged against the
grading quantity allowed for that lot development.
driveways.
b. For a two-lot subdivision, lots developed or created pursuant
to Government Code Section 64411.7,
1,250 square feet per lot, excluding driveways, except as
limited by subsection (I).
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
in consultation with the applicant and the City Engineer, submit a
plan to prevent soil erosion and to screen cut and fill slopes.
For projects pursuant to Government Code Section 65852.21, nNo
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
b. Must comply with the Chapter 14.15, Landscaping Ordinance and
Wildland Urban Interface Fire Area (WUIFA) requirements.
c. At least 50% of the front yard area shall be landscaped (i.e., not
of ≥ 30%
,
other development > 500 square feet, except that on lots
developed or created pursuant to Government Code Sections
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and other development is limited to a maximum of 500 square
feet for each lot.
b. If the lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21 have no areas with slopes less
than 30% that can accommodate up to two units of 800 square
feet each, grading for building pads for structures is limited to
800 square feet. No other development shall be permitted on
such lots (e.g., development for flat yard area), unless
J. Trail Linkages and Lots
Adjoining Public Open
Spaces Site Plan
Plan Trail Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being developed,
development shall not take place within that area unless
approved through the exception process, except that on lots
developed or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur in an area
where a trail linkage is identified on the property.
c. For lots adjoining Public Open Spaces, driveways and buildings
shall be located as far as feasible from the Public Open Space
and designed in a manner to minimize impacts on the Public
Open Space, except that on lots developed or created pursuant
to Government Code Sections 64411.7 and 65852.21, no
unless doing so would preclude the development of up to two
.
K. Views and Privacy
ay confer with the building permit applicant to discuss alternate
except
s
minimum
inch or shall have obscure glass
.
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61. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than
10,000 square feet in size and to reflect changes to State law made through SB450:
1. Maximum
Allowable
Development
housing development project approved pursuant to this Section shall
not exceed 800 square feet per unit.
Notwithstanding Paragraph (a), a ministerially approved housing
development approved pursuant to this Section may have a floor area
as calculated in subsection (c) below, if it complies with the
requirements of this Section; provided, however, that if the housing
development is on a parcel created by a ministerial lot split under
Chapter 18.20.170, the maximum allowable floor area for the original
lot shall be allocated to each resulting lot equal to the proportionate
size of each resulting lot to the original lot. However, under no
circumstances shall the size of ministerially approved units exceed
2,000 square feet of living space.
c. For projects not subject to ministerial approval under Paragraph (a) or
(b), maximum allowable development shall be the lesser of:
i. 6,500 square feet; or
ii. For lots with a net lot area of less than 10,000 square feet,
45% of the net lot area times the slope adjustment factor
pursuant to Section 19.40.060(A)(2)*; or
*Formula = (0.45 x Net lot area) x (Slope adjustment
factor)
iii. For lots with a net lot area of greater than or equal to 10,000
square feet, 4,500 square feet plus 59.59 square feet for every
1,000 square feet over 10,000 square of net lot area, times the
slope adjustment factor pursuant to Section 19.40.060(A)(2)**
**Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59))
x (Slope Adjustment Factor)
62. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding 30%:
Allowable floor area shall be reduced by a constant 30%
- 0.3) = 0.7
63. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L) to clarify
objective language and update standards for ministerial approval of up to two units to
reflect changes to State law made through SB450:
and Third Patios Balconies
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4. Lots
developed
pursuant to
Government
Code Section
65852.21
F. Permitted Yard Encroachments
1. Extension of a
Legal Non-
Where a building legally constructed according to existing first floor
present required first floor setbacks, one encroaching side of the existing
structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting
of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e., a non-
conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer
than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to
Government Code Section 65852.21 and 64411.7.
G. Accessory
Structures
(including
attached patio
covers)
b. Lots created and developed with two units pursuant to Government
Code Sections 64411.7 and 65852.21 may not develop an Accessory
Dwelling Unit or Junior Accessory Dwelling Unit.
-mounted
equirements of Chapter 10.48 of the
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Permitted within the second story
Shall have a minimum of four offset
shadow patterns which reduce the
f. Roof Overhangs
2. Colors -tone and
b. Reflectivity Value Shall not exceed 60 on a flat surface
All projects shall strive to attain, except that ministerially approved
pursuant to Government Code Section 65852.21 shall attain, the following
standards:
a. No more than 50% of the façade visible from the right of way shall
comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a one car
garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a minimum of
two feet from the livable areas of the home except if only the garage
and/or the entrance to the home, and no other livable portions of the
home, are accessible from the street level.
d. Third car spaces shall be provided in tandem or shall be provided in a
detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6) inches from
the surrounding building wall and shall include trim of at least one
and a half (1.5) inches in depth.
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f. Where the garage door faces the side yard, but the garage itself is
visible from the street, the garage shall incorporate a window on the
street front facade so that it appears to be a habitable portion of the
house. The window style must be the same as the windows on the
habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible from
the public right of way.
5. Entry Features
All projects shall strive to attain, except that projects
shall attain, the following
standards:
a. Only one entry feature shall be permitted per structure and only one
entry feature shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different building
frontages.
c. Entry features shall be limited to 14 feet in height from the natural
grade to the top of wall plate.
7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I)
8. Detached
Structures
Architectural
Features
architectural interest, such as wall insets or offsets, planters, railings,
trellises, a combination of roofing elements (e.g. hip and gable roofs),
and roofing materials do not count as one of the features.
Gable and
Ends
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay or terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporations of corbels;
• decorative gable pediments;
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• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
Accent
Materials
terminate at the floor or ground, as applicable.
Open Space
Each unit must provide at least 15% of the unit floor area as private open
space on the first floor, with no dimension less than 10 feet.
recycling,
and other
containers
street, shall be provided in an interior yard, behind a fence.
b. This area shall not be concurrent with any emergency access pathway
required by the Fire Department.
L. Off-street
For lots developed pursuant to Government Code Section 65852.21, uU
any newly subdivided the lot, appropriate public right of
64. Update Section 19.40.090 to clarify objective language and update standards for ministerial
approval of up to two units to reflect changes to State law made through SB450:
Objective Zoning and Design Standards for Ministerially Approved Housing Development
Projects. In addition to any applicable objective zoning standards, objective subdivision
standards, and objective design review standards in the Municipal Code, a housing
development project approved pursuant to this Section must comply with all applicable
objective zoning and design standards to the maximum extent permissible under
Government Code Section 65852.21, including but not limited to the standards for
ministerial development projects in Section 19.40.050 and 19.40.060 and the following:
Not aA , subject to the requirements outlined in Section
19.28.070 (I).
Not aA , subject to the setback requirements outlined in
Section 19.40.060 (D).
a. See Section 19.40.060.
a. Windows and Doors shall either:
i. Have a minimum three-and-one half inch in width by
three-
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ii. Be inset a minimum of three inches from the exterior
finish of the structure. If recessed, the primary siding
material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door
by not less than two-inch depth.
All garage doors shall be recessed a minimum of six (6) inches
from the surrounding building wall and shall include trim of
at least one and a half (1.5) inches in depth.
Roof overhangs or building eaves shall be a minimum of 12
inches in width.
Detached structures on a lot must use the same architectural
style and materials.
Where the garage faces the side yard, but is visible from the
street, the garage shall incorporate a window on the street
front facade so that it appears to be a habitable portion of the
the habitable dwelling unit(s).
Garage doors for no more than two car spaces shall be visible
from the public right of way.
The elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry
feature, and/or elements of architectural interest, such as wall
insets or offsets, planters, railings, trellises, a combination of
roofing elements (e.g. hip and gable roofs), dormers, change
in architectural materials, quoins, accent tiles, or an accent
window inset greater than six inches. Windowsills, door or
window trim, and roofing materials do not count as one of the
features.
Gable ends and dutch gable ends taller than thirty inches
shall include at least one element of architectural interest
such as:
o a wall offset with corbels, brackets or change in materials;
o louvered wood or metal vents;
o clay or terracotta tile vents;
o accent tile decoration;
o medallion decoration;
o metal grille;
o a change in architectural materials;
o incorporations of corbels;
o decorative gable pediments;
o eyebrow trellises or pergola structurally attached to the
building or
o
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i. Stone veneer or accent materials used as a wainscot on a street
facing façade shall be wrapped around to the side façade and
end at a logical terminus, such as a fence line or a chimney.
j. Stone veneer or any other siding material wrapped on
columns shall terminate at the floor.
Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than
recycling,
the street, shall be provided in an interior yard behind a
fence.
This area shall not concurrent with any emergency access
pathway required by the Fire Department.
4. Setbacks
Detached structures: Detached structures located on the same
lot shall have a setback of five feet as measured between the
eaves of the two structures.
56. Parking
Units shall have at least one off
parking requirements shall not be imposed in either of the
following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b) Code,
or of a major transit stop, as defined in Public Resources
Code Section 21064.3.
ii. There is a car-share vehicle located within one block of
the parcel.
Parking space(s) shall be provided in an enclosed garage
encompassing 10’ by 20’ space for each space, unobstructed
(i.e., by walls, appliances, etc.) between six inches from the
finished floor up to six feet from the finished floor.
When additional enclosed parking space(s) is/are provided, the
space(s) shall meet the requirements of Chapter 19.124.
Chapter 19.44
65. Update Section 19.44.020 (A) to correct reference:
A. The requirements of this chapter, unless waived or modified in accord with Section
19.44.0980, must be met with respect to all real properties intended to be developed as, or
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converted to, a single-family residential cluster development as described in this chapter,
including the conversion of existing apartment houses to condominiums.
Chapter 19.46
66. Edit Table 19.46.070 (G) to use correct spelling of sight:
Chapter 19.60
67. Update Section 19.60.050 to correct references:
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following
regulations shall apply to all users governed by this chapter.
3. The activity must be conducted entirely within a building or enclosed patio or atrium
except for:
b. Vehicular parking including the parking of business related vehicles that comply
with the sign, off-street parking, and noise regulations;
c. Outdoor seating for restaurants in accordance with the requirements of Section
19.60.0430.
d. Special promotional events undertaken by permitted businesses;
e. The display of merchandise in front of stores must be displayed under a roof
overhang or canopy and must be displayed in an organized, neat, and safe
fashion, in accordance with the requirements of Section 19.60.0430.
Chapter 19.100
68. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the attached accessory
structure setbacks:
b. Attached accessory
buildings/structures
setbacks, height and lot coverage regulations applicable to
principal dwellings in the applicable zone, unless a separate
setback standard is provided in subsection (d) through (g)
below.
69. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:
Sighte Triangle portions thereof.
e
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70. Add Section 19.100.030 (B) (2) (l) to update standards for accessory structures to reflect
changes to State law made through SB450:
l. Architectural
style
Chapter 19.102
71. Edit Section 19.102.020 (D) to clarify applicability of standards:
, apply only to the new
exterior glass windows, doors, or features
Chapter 19.104
72. Update Section 19.104.100 (L) to correct an internal reference:
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.2980. One "OPEN" sign not exceeding two square feet and of any material may be
placed in a window without penalty towards window coverage limitations;
73. Update Section 19.104.140 to clarify standards:
Businesses
.; or
Sign directed
- of-
rar ft of
-of-way more than
.
clearance of at least fifteen
, or parking area,
, or
CDD
Meets
Design
Criteria in
Section
19.104.220
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Page 60 of 61
.; or
Single tenant
Office &
Businesses
.; or
Sign directed
- of-
CDD Same as
above
74. Update Section 19.104.150 (C) to correct an internal reference: 14.24.050
C. Logos,
Symbols, or
14.24.050
19.104.140
Same as
Sec.
19.104.140
-
Shall meet Design
Review Criteria in
Sec. 19.104.220 and
restrictions in Sec.
19.104.190
75. Edit Table 19.104.160 to use correct spelling of sight:
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Page 61 of 61
Use/
Zoning Allowed Area &
Length
Location
Maximum
Height
Review Authority
signs: Area of
larger face of sign
= Total Sign Area
triangle or
ghte triangle.
Chapter 19.124
76. Update reference in Section 19.124.030 (I) to parking exception approval authority:
,
Special Parking Arrangements may be approved per Section 19.124.0650C.
77. Revise language in Section 19.124.040 to clarify intent and applicability of standard.
Requirements
five percent or
greater increase or decrease in floor area or a twenty-five percent or
greater change in floor area resulting from a use permit or
architectural and site approval within twelve months shall be required
to meet the following minimum landscape requirements. However,
the Planning Commission and/or City Council may recommend
additional landscaping.
Chapter 19.132
78. Update Section 19.132.050 to refer to Conditional Use Permit findings:
Written findings regarding the granting or denial of any conditional use permit subject to
this chapter shall be made by the Planning Commission in accordance with Chapter 19.156
and shall be based on substantial evidence in light of the entire administrative record.
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EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR
TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (example) and text to
be deleted is shown in strikethrough (example). 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.
Chapter 14.15
1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape
Documentation Package is required for projects with a landscape area of equal to or
greater than 2,500 square feet, consistent with CCR Title 23, § 490.1:
Type of Permit Total
Landscape
Building Permits
New home in R1, RHS, A1 or R2
Zones
< 500 s.f.
Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec. 14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
New home in R1, RHS, A1 or R2
Zones
<500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec. 14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
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Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
≤ < 2,500 s.f. (Appendix A) or Landscape
Documentation Package (Sec. 14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
rehabilitation project
<
> ≥Landscape Documentation Package (Sec.
New and rehabilitated cemeteries >0 s.f.
Landscape and Irrigation Maintenance
Schedule (Sec. 14.15.120)
Landscape Installation Report (Sec.
14.15.130)
Existing and established
landscapes, including cemeteries >1 acre Audit of Established Landscapes (Sec.
14.15.150)
Chapter 14.18
2. [REMOVED] Reorder Chapter 14.18 to improve readability:
14.18.020 Definitions.
14.18.0340 Actions Prohibited.
14.18.04180 Retention Promoted.
14.18.0530 Protected Trees.
14.18.2060 Plan of Protection.
14.18.07150 Heritage Tree Designation.
14.18.08160 Heritage Tree List.
14.18.09170 Heritage Tree Identification
Tag.
14.18.1090 Recordation.
14.18.11070 Application and Approval
Authority for Tree Removal Permit.
14.18.12080 Action by Director.
14.18.13090 Notice and Posting.
14.18.140 Tree Management Plan.
14.18.15060 Exemptions.
14.18.1600 Tree Replacement.
14.18.1730 Retroactive Tree Removal
Permit.
14.18.020 Definitions.
14.18.030 Protected Trees.
14.18.040 Actions Prohibited.
14.18.050 Penalty.
14.18.060 Exemptions.
14.18.070 Application and Approval
Authority for Tree Removal Permit.
14.18.080 Action by Director.
14.18.090 Notice and Posting.
14.18.100 Tree Replacement.
14.18.110 Review, Determination and
Findings.
14.18.120 Notice of Action on Permit -
Appeal.
14.18.130 Retroactive Tree Removal Permit.
14.18.140 Tree Management Plan.
14.18.150 Heritage Tree Designation.
14.18.160 Heritage Tree List.
14.18.170 Heritage Tree Identification Tag.
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81
Findings.
14.18.1920 Notice of Action on Permit -
Appeal.
14.18.2010 Protection During Construction.
14.18.2120 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
2205
14.18.200 Plan of Protection.
14.18.210 Protection During Construction.
14.18.220 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
3. Update Section 14.18.100 (previously Section 14.18.160) - Replacement Tree Guidelines for
consistency with Section 14.18.030.
Diameter of Trunk Size of Removed Tree (Measured 4½
feet above grade)Replacement Trees
36 18 Two 24" box trees or One 36" box
tree Over 18 inches and up to 36 inches
to approved development trees(s),
and approved required protection trees in R-1 zones.
4. [REMOVED] Modify Section 14.18.200 (B) (previously Section 14.18.060 (B)) to clarify
standards and ensure consistency with Zoning Ordinance:
B. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the
lot on which the privacy planting specimens are located. Landscape planting maintenance
includes irrigation, fertilization, and pruning, as necessary, to yield a growth rate expected
for a particular species. Where existing privacy plantings are approved for removal or dies,
replacement privacy trees must be planted it must be replaced within thirty days with in
the same location, size and with the same species, and of the same size as the tree(s) being
replaced, unless the location, species, or size is determined to be infeasible by the
Director of Community Development. If an alternative location is proposed due to
infeasibility of replanting in the same location, as determined by the Director, the
alternative location must continue to provide screening of the privacy viewshed, as
defined in Section 19.28.120 (C) (2) (a).described in Ordinance No. 1799 (privacy
protection) and its appendix. The affected property owner, with privacy protection
planting on his or her lot, is required to maintain the required planting and shall be
required to comply with Section 14.18.100.
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5. [REMOVED] Update references in Section 14.18.020 to reflect re-ordered sections:
N. “Protected tree” means any class of tree specified in Section 14.18.0530.
P. “Specimen tree” means any class of tree specified in Section 14.18.0530 (B).
T. “Tree removal permit” means a permit for tree removal of any protected trees pursuant to
Section 14.18.0530.
6. [REMOVED] Update references in Section 14.18.040 (B) (previously Section 14.18.030 (B)) to
reflect re-ordered sections:
B. It is unlawful to remove any protected tree in any zoning district without first obtaining a
tree removal permit as required by Section 14.18.11070, unless a permit is not required per
Section 14.18.15060.
7. [REMOVED] Update references in Section 14.18.030 (previously Section 14.18.050) to reflect
re-ordered sections:
Except as otherwise provided in Section 14.18.1730, the following trees shall not be removed
without first obtaining a tree removal permit:
8. [REMOVED] Update references in Section 14.18.150 (B) (previously Section 14.18.070 (B)) to
reflect re-ordered sections:
B Application. In addition to requirements of Section 14.18.11070, an application for a
heritage tree designation shall include:
9. [REMOVED] Update references in Section 14.18.190 (previously Section 14.18.100) to reflect
re-ordered sections and to make timelines consistent with current processes:
Heritage trees, privacy plantings, and approved development trees are required to be
retained as part of an application under Section 14.18.0530C. and Section 14.18.0530D. and
shall have retention information placed on the property deed via a conservation easement in
favor of the City, private covenant, or other method as deemed appropriate by the Director.
The recordation shall be completed by the property owner prior to final map or final
building permit inspectionissuance, or at a time as designated by the Director of
Community Development when not associated with a final map or final building permit
inspectionissuance.
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10. [REMOVED] Update references in Section 14.18.070 (previously Section 14.18.110) to reflect
re-ordered sections:
No person shall directly or indirectly remove or cause to be removed any protected tree
without first obtaining a tree removal permit, unless such tree removal is exempt per Section
14.18.15060. An application for a tree removal permit shall be filed with the Department of
Community Development and shall contain the following information based on the size and
type of the protected tree:
…
c. Notice and posting per Section 14.18.13090.
…
B. Maximum tree removal cap. In the R1, A1, A, RHS, and R2 zones, an applicant may
remove up to six mature specimen trees or five percent of mature specimen trees on the
property (whichever is greater) with a single-trunk between twelve and twenty-four inches
(multi-trunk between twenty-four and forty-eight inches) within a thirty-six month period.
The thirty-six month period will start from the date of the approved tree removal permit.
Applications requesting to remove additional trees within a thirty-six month period will
require an arborist report and notification per Section 14.18.13090.
…
1. The Director of Community Development shall have the final review and determination
on applications for protected tree removals in accordance with Section 14.18.12080; except
for heritage tree removals and tree removals in conjunction with development applications.
The Director of Community Development may refer the application to the Planning
Commission another approval authority for a report and recommendation.
11. [REMOVED] Update references in Section 14.18.080 (previously Section 14.18.120) to reflect
re-ordered sections:
Upon receipt of a complete tree removal permit application, the Director of Community
Development or his or her authorized representative will:
A. Review the application pursuant to Section 14.18.1810;
B. At the Director’s discretion, conduct a site visit, within fourteen days, to inspect the
tree(s) for which removal is requested. Priority of inspection shall be given to those
requests based on hazard or disease; and
C. Send notices or schedule a hearing in accordance with requirements in Section
14.18.13090 and Chapter 19.12.
12. [REMOVED] Update references in Section 14.18.090 (previously Section 14.18.130) to reflect
re-ordered sections:
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A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110F
for the following tree removal permits:
1. Mature specimen trees with single trunk over twenty-four inches DBH or for multi-
trunk over forty-eight inches DBH;
2. Heritage trees;
3. Privacy planting trees;
4. Approved development trees; and
5. Mature specimen trees exceeding the maximum tree removal cap (Section
14.18.11070B).
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 14.18.15060 do not
require notice or posting.
13. [REMOVED] Update references in Section 14.18.140 to reflect re-ordered sections:
7. Notice and posting to residence, Section 14.18.13090.
…
C. Recordation. The property owner shall have retention information placed on the property
in accordance with Section 14.18.1090, referring to the approved tree management plan,
upon approval.
14. [REMOVED] Update references in Section 14.18.060 (B) (previously Section 14.18.150 (B)) to
reflect re-ordered sections:
B. The following circumstances warrant the removal 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 14.18.1730. Tree
replacements may be required in conjunction with approval of this tree removal permit
(Section 14.18.1600):
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
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 14.18.11070 through 14.18.12080. The Director
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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.
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 Section 14.18.11070 through 14.18.12080. 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.
15. [REMOVED] Update references in Section 14.18.100 (previously Section 14.18.160) to reflect
re-ordered sections:
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, unless
deemed otherwise by the approval authority. Table 14.18.1600A may be used as a basis for
this requirement.
Table 14.18.1600A - Replacement Tree Guidelines
16. [REMOVED] Update references in Section 14.18.110 (D) (previously Section 14.18.180 (D)) to
reflect re-ordered sections:
D. The approval authority may require tree replacement(s) or accept a tree replacement in-
lieu fee per Section 14.18.1600 in conjunction with a tree removal permit.
17. [REMOVED] Update references in Section 14.18.220 (previously Section 14.18.210) to reflect
re-ordered sections:
A. A plan to protect trees described in Section 14.18.2010 shall be submitted to the Director
of Public Works and to the Director of Community Development prior to issuance of a
demolition, grading or building permit. The plan shall be prepared and signed by a licensed
landscape architect or arborist certified by the International Society of Arboriculture and
shall be approved by the Director of Community Development. The Director of Community
Development shall evaluate the tree protection plan based upon the tree protection
standards contained in Appendix A at the end of this chapter.
18. [REMOVED] Update references in Section 14.18.050 (previously Section 14.18.220) to reflect
re-ordered sections:
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Violation of this chapter is deemed an infraction unless otherwise specified. Any person or
property owners, or his or her agent or representative who engages in tree cutting or
removal without a valid tree removal permit is guilty of an infraction as outlined in Chapter
1.12 of this code and/or may be required to comply with Sections 14.18.1600 and 14.18.1730.
19. [REMOVED] Update references in Chapter 14.18 Appendix A to reflect re-ordered sections:
The purpose of this appendix is to outline standards pertaining to the protection of trees
described in Section 14.18.2010 and Section 14.18.2120 of Chapter 14.18. The standards are
broad. A licensed landscape architect or International Society of Arboriculture certified
arborist shall be retained to certify the applicability of the standards and develop additional
standards as necessary to ensure the property care, maintenance, and survival of trees
designated for protection.
20. [REMOVED] Update references in Chapter 14.18 Appendix B to reflect re-ordered sections:
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 14.18.0530B
21. [REMOVED] Update Section 14.18.030 (C) (previously Section 14.18.050 (C)) for clarification
of applicability:
C. Approved development trees(s), including trees on properties in a Planned zoning
designation.
22. [REMOVED] Update references in Section 14.18.070 (A) (2) (b) (previously Section 14.18.110)
to clarify review requirements:
b. An arborist report from an arborist certified by the International Society of Arboriculture,
subject to third-party peer review under the direction of the City at the applicant’s cost, or
a deposit for preparation of an arborist report by a City contracted arborist.
Chapter 18.20
23. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban
Lot Splits from the Zoning Ordinance:
18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential
Zones.
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A. Lot Configuration
1. Single-
Family
Residential
Zones (R1)
added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet
or more street frontage, or (ii) more than 75 feet of street
frontage and a lot depth of up to 145 feet, shall result in a
street frontage that is between 40-60% of the existing street
frontage of the lot being subdivided. Resulting lots shall have
a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet
of street frontage and a lot depth of more than 145 feet, may
be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least
40% of the existing street frontage of the lot being
subdivided. Lots shall have a side-by-side orientation and
shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to
the street. The buildable area of the flag lot shall span the
entire distance between the two side property lines that
intersect with the front property line of the lot being
subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet
of street frontage shall result in one flag lot with access to the
street. The buildable area of the flag lot shall span the entire
distance between the two side property lines that intersect
with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same
orientation as the existing lot (i.e., the existing front lot line
must be the front lot line of the future lots and the existing
rear lot line shall be the rear lot line of the future lots) and
that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the
existing street side property line to create at least one front lot
Hillside Zones
(RHS)
and shall follow the contours of the property.
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b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot.
e. No new or expanded structures shall encroach upon any
existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill (including
grading for building pad, yard areas, driveway, all other areas
requiring grading, and basements), except if the original lot
that was subdivided has already performed prior grading, then
the amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
24. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180:
H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to
any applicable objective subdivision standards in this Title or the Subdivision Map Act
and the requirements of Government Code Section 66411.7, a lot split approved
pursuant to this Section must, to the maximum extent permissible under Government
Code Section 66411.7, comply with the objective standards including but not limited to
objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and
19.40.050.
Chapter 18.52
1. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180
B. Lot Configuration.
4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot
subdivisions shall also apply the standards of Section 18.20.180.
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Chapter 19.08
25. [REMOVED] Update Section 19.08.030, to add “Balcony” definition:
"Balcony" means a horizontal platform that is:
1. Either recessed or projected out from the walls of a building; and
2. Above the first floor; and
3. Without support from the ground or floors directly below; and
4. Surrounded by a rail, balustrade, or parapet on at least one side; and
5. Accessible from the building’s interior; and
6. Not directly accessible from the ground.
In the event of a conflict between this definition and the requirements of State law (e.g.
California Building Code), the requirements of State law shall prevail. The definition of
balcony does not include decks or exterior corridors.
26. Update Section 19.08.030, “Bay Window” definition:
"Bay window" means a projecting window element that is not an extension of the floor area
and does not incorporate any useable space for seating or other purposes.
Additionally, a bay or projecting window shall:
Be a projection of windows, not walls;
Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall;
Be a minimum of twenty-four inches from the finished floor;
Not create a projection of the floor;
Not occupy more than 50% of an interior exterior wall face.
These limitations do not apply to bay windows which have been counted towards floor area
and meet required setbacks.
27. [REMOVED] Update Section 19.08.030, to add “Deck” definition:
"Deck" means a platform other than a balcony that is:
1. Either freestanding or attached to a building, and
2. Supported by the ground, pillars, posts, walls, or floors below, and
3. Accessible from interior building space.
A deck may be located at ground level or on higher floors, and may be surrounded by
railings, balustrades or similar structures for safety purposes.
28. [REMOVED] Update Section 19.08.030, “Floor Area” definition:
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"Floor area" means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1. Halls;
2. Base of sStairwells at each floor;
3. Base of eElevator shafts at each floor;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor level and the ceiling
above;
6. Residential basements in the A, A1, R1 and RHS zoning districts with lightwells that do
not conform to Section 19.28.070(I);
7. Residential basements in the R1 and RHS zoning districts on projects pursuant to
Government Code section 65852.21
8. Residential garages;
9. Substantially enclosed Rroofed arcades, plazas, walkways, porches, breezeways,
porticos, courts, and similar features substantially enclosed by exterior walls;
10. Substantially enclosed balconies and decks above the first floor;
11. Sheds and accessory structures.
“Floor area” shall not include the following:
1. Residential basements in the R1 and RHS zoning districts with lightwells that conform
to Section 19.28.070(I);
2. Required lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
29. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50
square feet in area, located immediately adjacent to the primary entry of a building for
the purpose of providing pedestrian access from the outdoor ground elevation to a
building interior. If the platform portion of a front entry porch (not including steps) is
more than 50 square feet or has a proportionately greater width than its height, the
structure is considered a porch.
30. [REMOVED] Update Section 19.08.030, to clarify the definition of “Height, Entry Feature”:
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“Height, Entry Feature" means a vertical distance measured parallel to the natural grade
to the top of the wall plate. Entry features shall be limited to a maximum height of
fourteen feet.
31. Update Section 19.08.030, “Lot” definition:
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for purpose
of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of land
not otherwise meeting the requirement of this title for lot width that consists entirely of
and provides the sole means of vehicular connection between the buildable area of the lot
and an abutting street.
3. “Interior lot” means a lot other than a corner lot or a flag lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side lot line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a
cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot
lines.
32. [REMOVED] Update Section 19.08.030, “Lot area” definition:
“Lot Area” means:
1. "Gross lot area" means the area of a lot measured horizontally between boundary
lot lines.
2. "Net Llot area" means the area of a lot measured horizontally between boundary lot
lines, but excluding a portion of a flag lot providing access to a street and lying
between a front lot line and the street, and excluding any portion of a lot within the
lines of any natural watercourse, river, stream, creek, waterway, channel or flood
control or drainage easement and excluding any portion of a lot acquired, for access
and street right-of-way purposes, in fee, easement or otherwise.
33. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent
to an entrance to a residential structure for the purposes of providing pedestrian access
from the outdoor ground elevation to a building interior and/or private, recreational open
space. A porch differs from a front entry porch or a front entry feature, which has a
proportionately greater height than its width and is less than 50 square feet in area.
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34. [REMOVED] Update Section 19.08.030, “Setback Line” definition:
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side, or rear yard, or the boundary of any public right-of-
way or private roadstreet, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum front,
side, or rear yards are specified, the setback line shall be coterminous with the corresponding
lot line, or the boundary of any public right-of-way or private road, whether acquired in
fee, easement, or otherwise, or a line otherwise established to govern the location of
buildings, structures or uses.
35. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable
consistent:
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear building
line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in
calculation of usable rear yard area.
36. Revise Appendix C of Chapter 19.08 to correct spelling of sight:
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk Clearance
at Driveways).
Chapter 19.12
37. Update Section 19.12.020 (A) to reference correct sections:
A. In the A, A1, R-1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and
Chapter 19.40;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R-1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.0750(B)(3);
5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter
19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48;
8. Variance to all other zoning regulations.
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38. Update portions of Table 19.12.030 to reference correct sections:
Type of Permit or
DecisionA, B
Administrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing
RadiusD
Posted Site
Notice
Expiratio
n DateE
Chapter/
Findings
Agreements - - R F PH Code 65867 Yes - 19.144.1210
F, H - - F/R A1 19.12.110/
300’ 19.156.0540 G F - A1 2
MajorF, H, I F - A1/F/R A1/ A2/F PH Code 65905 Yes 2 years 19.156.0540
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.0750,
19.136.090
Variance F - A1 A2 PH Code 65905 Yes 2 years 19.156.0650
Parking Exceptions I F - FA1 A1/A2 Varies M Adjacent/
300' N
Yes 1 year 19.124.0560
Tree Removal F - A1 A2 CP ,
unless exempt
, unless
exempt 1 year 14.18.1810
420
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39. Clarify language of footnote K of Table 19.12.030:
Minor Architectural and Site Approval application - single family home in a planned
development zoning district, ; minor building architectural modifications, ; landscaping,
signs and or lighting for new development, ; permanent supportive housing with up to 6
units subject to by-right processing as required by Government Code Section 65650 et seq., ;
redevelopment or modification in such zones where review is required, ; and minor
modifications of duplex and multi-family buildings.
40. [REMOVED] Add Section 19.12.080 (D) and (E) to clarify the City’s policy for inactive
permits and demolition of residential units:
D. Expiration of Application. If an applicant does not provide the information and
materials necessary for a pending application to be deemed complete and/or consistent,
pursuant to state law, within 180 calendar days after notification of incompleteness or
inconsistency the application shall be deemed withdrawn. The Director may grant one
180 calendar day extension upon written request by the applicant, submitted prior to
the expiration of the first 180-day period. After expiration of the application and
extension, if granted, a new application, including fees, plans, exhibits, and other
materials will be required to commence processing of any project on the same property.
E. Demolition of Residential Units.
a. No permit shall be issued for the demolition of a residential unit, unless building
permit plans for a replacement project have been approved and issued; or
b. Where demolition of a residential unit is required to allow for the recordation of an
approved tentative map, no permit shall be issued for the demolition of a
residential unit, unless building permit plans for a replacement project are ready
for issuance following recordation of the associated map. Demolition of a
residential unit to comply with Code Enforcement action may be permitted.
41. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5):
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accordance with 19.12.110A(2) and A(53), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project, unless plans contain protected information, as defined by
California Government Code Section 65103.5.
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Chapter 19.16
42. Update Section 19.16.060 to remove reference to the incorrect section:
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a
boundary between districts, the provisions of the zoning regulations applicable within each
district shall apply only to the portion of this site situated in each separate district.
Chapter 19.28
43. Update Section 19.28.060 to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet square feet iii.10,000 square feet
have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.
B. Minimum lot width (at the
front setback line)
i. 50 feet ii. 60 feet iii. 75 feet
a. No more than two new, non-curved property lines may be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii)
more than 75 feet of street frontage a lot depth of up to 145 feet shall result in lots width. Resulting lots
shall have a street frontage that is between 40-60% of the lot width existing street frontage of the lot
being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more
than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel;
or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot
shall span the entire distance between the two side property lines that intersect with the front
property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot
side property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the
existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be
the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at
least one front lot line on that frontage.
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Page 19 of 55
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
BC. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project approved
pursuant to Chapter 19.28.150 shall be occupied by non-
hardscape landscaping
iii. Landscaping plans are required for all
additions or new homes. The purpose of the
landscaping is to beautify the property and
to achieve partial screening of building forms
from the street and adjacent properties.
Generally, the landscaping may include
shrubbery, hedges, trees, or lattice with vines
on fences
iv. At least 50% of the front yard of any project
be occupied by non-hardscape landscaping
CD
1. Total site grading (cut plus
fill)2,3
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section
19.28.040(HG).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal site
grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat yard area
created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not
including the driveway, as calculated prior to any subdivision.
D. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections
19.40.060(E), (H), (I) and (J).
1. On actual slopes ≥ 30%
Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and
Sections 19.40.060(E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning
Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is
permitted on lots developed pursuant to Section 19.28.150.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
2. For projects proposed
pursuant to Government
Code Sections 64411.7
and/or 65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an
average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from
existing natural grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches
from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from
existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
F. On-site improvements
All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut,
AC pavement, and underground utilities at the street as follows:
1. i. Detached pathway when a property on either side of the subject property has a detached pathway;
2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
3. iii.
the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be
provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution.
4. iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.
G. Curb Cuts Driveways for
developments pursuant to
Government Code Section
64411.7 or 65852.21
-driveway
shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts,
else, a shared driveway with curb cut, no more than a two-car curb cut, may be provided.
2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35
feet: a maximum of a two-car driveway curb cut is permitted provided a distance of at least 22 feet is
provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a
one-car driveway curb cut.
3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share vehicular
access off of the access area of the resulting flag lot, unless one of the lots is an new interior lot with at
least 50 feet of minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a
maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side. A maximum two-car driveway curb cut is permitted at the right-of
way. No other curb cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permitted.
5. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for front lot shall be located in the rear 50% of the property.
6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant
to Government Code Section 65852.21 subdivision, an existing curb cut of not more than 18 feet in width
may remain when providing exclusive access to the existing residence.
7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.
8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.
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Page 22 of 55
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
H. Driveways
When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum
of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side.
2. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for the front lot shall be located in the rear 50% of the property.
3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
5. Subparagraphs 3 and 4 do not apply to the flag lot access area.
6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
. Easement and Covenants
required for subdivisions
pursuant to Government
Code Section 64411.7
1. Utility easements shall be recorded prior to final parcel map recordation.
2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final
map recordation.
J. Public Improvements dedication to accommodate the predominant public right-of-way, as determined by the City Engineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk,
which shall be installed by the applicant at his or her expense.
Notes:
1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as
building sites, provided that all other applicable requirements of this title are fulfilled.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for
multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading
quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.
3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible
extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the
applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such
landscape areas shall be properly maintained.
(Continued on next page)
428
Page 24 of 55
44. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section 19.28.070 (L)
and 19.28.070 (M) to clarify objective language and update standards for single-family
residential design to reflect changes to State law made through SB450:
B. Maximum Floor
Area Ratio
, however, a housing development project
on a lot having a slope 30% or greater shall not exceed the floor
area allowed under Chapter 19.40.
--- --- ---
1. Number,
size, and
volume of
lightwells
a. Residential
Code for egress, light, and ventilation, unless the basement area is
counted towards floor area, except that in the case of a single-story house
with a basement, one lightwell may be up to 10 feet wide and 10 feet long.
b. Lightwells with stairs are not permitted, except that one lightwell
with stairs is allowed if it is the primary means of access to an
independent basement residential unit which is separated from any
other residential unit. The lightwell with stairs is limited to the
minimum size required for light and ventilation or egress per the
Residential Building Code.
2. Minimum setback for lightwell retaining wall
. Side yard 5 feet
. Rear yard 10 feet
3. Lightwell
railings
3three , six inches fencerailing
located immediately adjacent to the lightwell.
4. Lightwell
screening
Lightwells that are visible from a public street shall be screened by
landscaping.
5. Root barrier
measures
theall s all s retaining walls
be treated and/or reinforced with the most effective root barrier measures
as determined by an ISA certified Arborist in conjunction with
recommendations from a certified Structural Engineerby the Director of
Community Development.
--- --- ---
3. First Floor and
Second Floor
story structures and single-story sections of two-story structures
must fit into the building envelope defined by:
429
Page 25 of 55
Envelopes
property line; and
ii. A 25 degree roof line angle projected inward at the 10 foot high
line referenced above;.
b. Notwithstanding the building envelope, a gable end of a roof
enclosing an attic space may have a maximum wall height of 17 feet
to the peak of the roof as measured from natural grade, or up to 20
feet with a Minor Residential permit subject to Chapter 19.12.
c. Second-story building envelope: All the maximum exterior wall
height and building height on two-story sections of two-story
structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at the
property line; and
ii. A 25-degree roof line angle projected inward at the 16-foot-
high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
45. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23-
2254:
C. Maximum
second to first floor
ratio
,
a. Ssee Sections 19.28.040(D) and (E)(1) for permitting requirements.
Homes subject to design review shall comply with the design review
principles in Section 19.28.110(C).
46. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable:
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if,
after the reduction, the useable rear yard area is not less than 20 times the lot width as
measured from the front setback line.
47. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference altered
by the adoption of Ordinance 23-2254:
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Page 26 of 55
a. Interior
Lot
i. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to
design review shall comply with the design review principles in Section
19.28.110(C).
b. Corner lot feet)
i. Interior
Side
single family dwelling
iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject
to design review shall comply with the design review principles in Section
19.28.110(C).
48. Revise language in Table 19.28.090 (C) to clarify standards:
C. Maximum second to first
floor area ratio
40% of the existing or proposed first floor area or 750 square
feet, whichever is greater, except as follows:
a. A second floor may be at least 750 square feet in area
ba. In no case shall a second floor be more than 1,100 square
feet in area.
49. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23-
2254:
height 19.28.110(A)(67)
50. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design
to reflect changes to State law made through SB450:
M. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
51. [MODIFIED] Update Section 19.28.110 (A) to clarify objective language and update
standards for single-family residential design to reflect changes to State law made through
SB450:
Any new single-family residential house or addition to an existing house shall be generally
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consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and
(B).
A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2
1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of garage
area, unless doing so would result in an area that could not accommodate the
minimum required setbacks and enclosed parking area. the lot is not wide enough
to accommodate.
3. a. In the R1-a zone, tThe maximum width of a garage on the front elevation shall be
twenty-five feet, which will accommodate a two-car garage. Additional garage
spaces shall be provided through the use of a tandem garage or a detached accessory
structure at the rear of the property.2
4. Usable living area, not including any architectural feature, porch, or patio, shall be
a minimum of two feet closer to the street than the garage, unless a side entering
garage with curved driveway is provided or the lot is not wide enough to
accommodate living area adjacent to the garage, while garages should be set back
more.
5. All roofs shall have at least a one-foot overhang.
6. Air conditioning units and similar mechanical equipment such as generators,
sump pumps, heating, and ventilation equipment should be ground-mounted and
screened from public view, or underground, and shall meet accessory structure
setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code.
Mechanical, heating, or cooling equipment or associated piping installed on the roof
shall be screened from the public right away, except in R1-e zones where roof top
equipment is not allowed.
7. A porches, patio, or other front entry feature is required are encouraged.
a. The feature shall be oriented to face the street and shall include a front entry
door also oriented to face the street.
b. If duplexes are proposed on corner lots, the entrances to the two units shall be
on different street frontages, except that if the corner lot fronts a major
collector, both the entrances may be located on the minor collector or
neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be
proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that emphasizes
the base and have caps for posts and fence elements of the feature.
e. In the R1-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall appear proportionately greater
in width than in height. A porch differs from an entry element, which has a
proportionately greater height than its width.
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ii. Structural supports shall be designed such that the appearance is not
obtrusive or massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front entry porch shall not be significantly taller than
the eave height of typical single-story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for
posts and fence elements.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet
from natural grade to plate.2
8. Third car garage spaces shall be set back as follows:
a. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory structure at the rear of the property.
b. On flag lots or on side-oriented garages located at the rear of the principal unit:
a third parking space may be on the same wall plane as the other two parking
spaces.
9. Garage doors for no more than two car spaces shall be visible from the public
right of way.
10. All garage doors shall be recessed a minimum of six (6) inches from the
surrounding building wall and shall include trim of at least one and a half (1.5)
inches in depth.
11. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable
portion of the house. The window style must be the same as the windows on the
habitable dwelling unit(s).
12. Private Open Space: Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than 10 feet. Private
open space shall not be located in the required front yard setback area.
13. Exterior and/or uncovered stair access shall not be allowed to the second floor.
14. Detached structures on a lot must use the same architectural style and materials as
the primary residence.
15. Except in R1-e zones, the elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry feature, and/or elements of
architectural interest, such as wall insets or offsets, planters, railings, trellises, a
combination of roofing elements (e.g., hip and gable roofs), dormers, change in
architectural materials, quoins, accent tiles, or a prominent accent window inset
greater than six inches. Windowsills, door or window trim, and roofing materials
do not count as one of the features.
16. Gable ends and Dutch gable ends taller than thirty inches shall include at least
one element of architectural interest such as:
• a wall offset with corbels, brackets, or change in materials;
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• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building; or
• windows/glazing.
17. Stone veneer or accent materials used as a wainscot on a street facing façade shall
be wrapped around to the side façade and end at a logical terminus, such as a
fence line or a chimney or at an interior corner. Stone veneer or any other siding
material wrapped on columns shall terminate at the floor or ground, as applicable.
52. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G):
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and
additions, tree and/or shrub planting is required. The intent of this section is to provide
substantial screening of views into neighboring residential side or rear yards within three
years of planting, in order to protect the privacy of adjoining properties.
53. Update Section 19.28.120 (A) to clarify objective language and update standards for single-
family residences in response to the changes to State law made through SB450:
A. Applicability. These requirements shall apply to new two-story homes, second-story
decks, two-story additions, modifications to the existing second-story decks and/or new
windows on existing two-story homes that increase privacy impacts on neighboring
residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the
second floor;
e. Non-operable windows with obscure glass to a height of five feet above the
second floor;
f. Windows which do not have views into a neighboring side or rear yard or that
face a street or a non-residential zoning district; and
g. When waivers have been obtained fromby all affected property owners.
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54. [MODIFIED] Update Section 19.28.120 (C) (1), (2), and (6) to clarify objective language, to
make language consistent with the requirements for landscaping outlined in Chapter 14.18,
and update standards for single-family residences in response to the changes to State law
made through SB450:
1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using tree
that typically grows to a mature height of more than 30 feet, planted at with a
minimum height of six feet, as measured from adjacent grade. California native
trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of the front
yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story
windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree or allow the
tree to be planted outside of the center 50% of the front yard setback area based on
a report from an internationally-certified arborist citing unavoidable conflict with
existing mature tree canopies onsite or in the public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a height of
30 feet or more and is located in the center 50% of the front yard can be used as the
front yard tree, subject to an ISA certified arborist certifying that the tree is in
good health.
e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and future property owners to retain and maintain the tree in
good health.
2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded
by a thirty-degree angle on each side window jamb. and a 180-degree angle from
each corner of a balcony or second story deck, modified by the angle created
between the furthest corner of the balcony or deck and the corresponding corner
of the second story portion of the structure, as shown in the City’s Privacy
Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story windows in
the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the second
floor; or
ii. Obscure glass to a height of five feet above the second floor; or
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iii. Have a windowsill height of five feet minimum above the finished second
floor.
c. The Planning Division shall maintain a list of allowed privacy planting trees and
shrubs. The list includes allowed plant species, minimum size of trees and shrubs,
expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting
shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the
property line equivalent to one-quarter of the spread noted on the City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy
permit.
e. Windows or other openings in the wall with a side yard setback less than 10 feet
or a rear yard setback of less than 25 feet shall have a minimum windowsill height
of more than five feet or shall have obscure glass and be inoperable with a fixed
pane(s).
f. The minimum planter width required for privacy planting shall be three feet.
Emergency access paths shall not be concurrent with areas designated as privacy
planting planters.
6. Replacement. Privacy planting in R-1 zoning districts shall be maintained by the
property owner of the lot. Where required planting is approved for removal removed
or dies, replacement trees must be planted it must be replaced within thirty days with
privacy tree(s) in the same location, size and with the same species, and of the same
size as the tree(s) being replaced, unless the location, species, or size is determined to
be infeasible by the Director of Community Development. If an alternative location is
proposed due to infeasibility, as determined by the Director, the tree(s) must be
relocated to continue screening of the privacy viewshed, as defined in Section
19.28.120 (C) (2) (a), unless a waiver is obtained from the affected neighbor. of similar
size as the tree(s) being replaced, unless it is determined to be infeasible by the
Director of Community Development.
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55. [MODIFIED] Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect
changes to State law made through SB450:
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any
applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a
housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to
the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for
ministerial development projects:
1. Development Standards (Gov.
Code, § 65852.21)
Except as otherwise provided herein, uU
with Paragraph B, above.; or
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be
no more than 200 square feet greater than the smaller unit of the duplex development.
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum
plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially
Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this
Paragraph; provided, however, that a housing development project on a lot having a slope 30% or
greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances
shall the size of any ministerially approved unit exceed 2,000 square feet of living space.
b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-
or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls
alteration or demolition of an existing unit shall occurbe demolished.
e. If no dedication was required for creation of the lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Engineer, abutting the
corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be
installed by the applicant.
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2. Second to First Floor Area Ratio:
a. The ratio of the second story to first story floor area shall not exceed 5066 in all R1 zoning districts
except the R1-a district. except that:
i. In all R1 zoning districts except the R1-a district:
1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of
66%, if a combined first-story side setback of 15 feet (with no first-story side setback less than
five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the
first story and a rear setback of 25 feet on the second story are provided.
b. ii. In the R1-a zoning district: See Section 19.28.090 (C).
1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square
feet, except where allowed below;
2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if
first-story side setbacks of at least 10 feet each , a combined second-story side setback of 35 feet
(with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story
and 40 feet for the second story are provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater
than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story homes, the floor area shall be counted once each for first and second floor area.
3. 4. Setbacks:
Minimum first
except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
ii. Garages with up to two parking spaces shall be set back two additional feet from the face of
the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in tandem or
in a detached accessory structure at the rear of the property.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third
parking space may be on the same wall plane as the other two parking spaces.
b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
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Minimum first
i. No setbacks shall be required for an existing structure or for a structure constructed in the same
location and to the same dimensions as an existing structure.
ii. No new or expanded structures shall encroach upon any existing public or private utility
easements.
iii. No setback shall be required from a shared new side lot line between the two new lots created
pursuant to an Urban Lot Split under Government Code Section 66411.7 when:
1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split;
and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the
second story; and
4. The entirety of wall faces along the shared property line are structurally attached; and
5. Structures along the new shared property line are no more than zero feet or less than four
feet.
iv. The required building envelope shall not apply to the portions of structures with a zero-foot
setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no
case shall a side yard setback of more than four feet be required.
e. Detached primary residential structures: Detached structures located on the same lot shall have a
setback of five feet as measured between the eaves of the two structures.
54. Maximum height:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall height and
building height ofn single-story structures and single story sections of two-story structures must fit
into the building envelope defined by:
i. A 9-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above;
Notwithstanding the first story building envelope, a gable end of a roof enclosing an unfinished attic
space may have a maximum wall height of 13 feet to the peak of the roof as measured from natural
grade.
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See Section 19.28.070 (J) (3)All the maximum exterior wall height and
building height on two-story sections of two-story structures must fit into the building envelope
defined by:
i. A 15-foot-high vertical line from natural A 25-degree roof line angle projected inward at the 15-
foot-high line referenced above.grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above.
d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the
provisions of subsection (43)(c) above, do not have to meet the first story or second story building
envelope requirements.
65 s Not allowed. Allowed, subject to the requirements outlined in Section 19.28.070 (I).
76. Landscaping and Privacy
Protection:
Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal
Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section
19.28.120.
i. A 24-inch box California native tree that typically grows to a mature height of more than 30 feet is
required for all two-story homes and must be placed in the center 50% of the front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet of more
and is located in the center 50% of the front yard can be used as the front yard tree, subject to an
ISA certified arborist certifying that the tree is in good health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying
current and future property owners to retain and maintain the tree in good health.
c. Privacy Protection Planting: for windows from second story windows shall be providedrequired in the
same manner as required pursuant to Section 19.28.120., except as provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall have a
minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable
with a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall have a
minimum windowsill height of five feet one inch, or shall have obscure glass and be inoperable
with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views into an
adjacent side or rear yard or that face a street or a non-residential zoning district.
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iv. Minimum planter width required for privacy planting shall be three feet. Emergency access paths
shall not be concurrent with areas designated as privacy planting planters.
87. Private open space:
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no
dimension less than 10 feet. Private open space shall not be located in the required front yard setback
area. See Section 19.28.110 (A) (12).
8. Permitted yard encroachments:
, but not porches,
b. Architectural features Mmay extend into a required yard a distance not exceeding three feet.
c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure,
may extend closer than three feet to any property line.
d. Architectural features may not exceed 50% of the wall they are on, as measured from the interior wall
surfaces.
9. Second story decks, balconies, or
similar features Not Allowed Minor Residential Permit required consistent with Section 19.28.070 G.
10. Design Standards:
a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).
a. Entry features:
i. A maximum of one entry feature per unit is allowed and no more than one entry feature per
structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry door also
oriented to face the street.
iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the plate.
iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two
entrance doors for the two units. One of the entrance doors or a common opening into a shared
entry portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street
frontages, except that if the corner lot fronts a major collector, both the entrances may be located
on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in
width than in height.
i. Porch elements shall have detailing that emphasizes the base and have caps for posts
and fence elements of the porch.
c. Exterior and/or uncovered stair access shall not be allowed to the second floor.
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d. All new structures proposed in the R1-e zoning district shall meet the building design requirements
in Section 19.28.080 and shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane.
f. In addition to standards outlined in subsections (1) – (9) above, development on properties with an
average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I) and Section
19.40.060(E), (H), (I) and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed,
the primary siding material shall cover the recessed edge faces and wrap toward the
interior face of the window glazing or door by not less than two-inch depth.
h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall
and shall include trim of at least one and a half (1.5) inches in depth.
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width.
j. Detached structures on a lot must use the same architectural style and materials.
k. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a
window on the street front facade so that it appears to be a habitable portion of the house. The
window style must be the same as the windows on the habitable dwelling unit(s).
l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back as
identified in subparagraph (3) above.
m. No more than fifty percent of the front elevation of a house shall consist of garage space.
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces shall be visible from the public right of way.
p. Outdoor lighting shall comply with the requirements of Chapter 19.102.
q. The elevation facing a street shall incorporate at least four architectural features, such as bay
windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets,
planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers,
change in architectural materials, quoins, accent tiles, or an accent window inset greater than six
inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.
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r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of
architectural interest such as:
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around
to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior
corner.
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
11. Accessory buildings/structure:
Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has
been approved pursuant to Section 18.12.170 and one or more unit(s) hasve been approved for
construction pursuant to this Section 19.28.150 on each resulting lot.
b. Limited to one story (not exceed 15 feet).
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be in
compliance with the regulations of Chapter 19.112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating,
and ventilation equipment shall be ground-mounted and screened from public view or underground
and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the
Municipal Code.
. Refuse, recycling, and other
containers
a. See Section 19.28.070 (L) and 19.28.090 (M). A minimum 8-foot by 3-foot space per unit, not visible
from the street, shall be provided in an interior yard behind a fence.
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This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
1314. Parking
Units shall have at least one off
imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor,
as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Each pParking space(s) shall be provided in an enclosed garage encompassing a 10’ by 20’ space for
each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six
feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of
Chapter 19.124.
1415. Driveway and curb cuts:
a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
c. Subparagraphs a and b do not apply to the flag lot access area.
d. When a two-car curb cut is permitted, a maximum 18’ foot wide curb cut shall be allowed.
e. When a one-car curb cut is permitted, a maximum 12’ foot wide curb cut shall be allowed.
Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).
. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
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Chapter 19.36
56. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable:
Projects with five or more units
lot depth,
whichever is
greater. Main
building may
encroach as close as
10 feet to rear lot
line if
a useable rear-yard
setback area of not
less than twenty
times the width of
the lot is
maintained.
the lot depth,
whichever is
greater.
lot depth, whichever
is greater. Main
building may
encroach as close as
if a useable rear-
setback area of not
less than twenty
times the width of
the lot is maintained.
lot depth, whichever
is greater.
floors more than one
story higher than any
adjacent primary
residential structures.
57. Edit Table 19.36.070 (G) to use correct spelling of sight:
Sighte Triangle portions thereof
Chapter 19.38
58. Edit Table 19.38.070 (F) to use correct spelling of sight:
Chapter 19.40
59. Update Section 19.40.040 (A) to make requirement for information clearer:
A. Site Plans that show topographical information at contour intervals not to exceed ten feet
and a horizontal map scale of one inch = two hundred feet or larger and identify all areas
with slopes of thirty percent or more.
60. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and 19.40.050 (I)
through (K) to clarify objective language and update standards for residential hillside
gh e
Triangle portions thereof.
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projects to reflect changes to State law made through SB450 and to correct landscaping
standards reference:
B. Minimum Lot Area
5. Lots created and/or
a.
lot being split.
b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
Up to two new property lines may be added to create a new lot
and shall follow the contours of the property.
If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot. In those cases, building pads shall be
sited so as to result in the minimum required grading to
develop two units of up to 800 square feet each.
b. No side or rear setbacks shall be required for an existing
structure or for a structure constructed in the same location and
to the same dimensions as an existing structure.
g. No new or expanded structures shall encroach upon any
existing public or private utility easements.
E. Site Grading
1. Maximum Grading
Quantity
Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and all
other areas requiring grading.
Excludes: basements
All cut and fill shall be rounded to contour with natural contours
and planted with landscaping which meets the requirements in
Section 19.40.050 GF.
c. For each of the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21, a cumulative
total of 1,250 cubic yards, cut plus fill (including grading for
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building pad, yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot that was
subdivided has already performed prior grading, then the
amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
i. Unless required by the City Engineer or to meet Fire Code
requirements, grading activity on lots with an average slope of:
A. Less than five percent shall not result in a change in
grade elevation by more than 12 inches from existing
natural grade.
B. Between five and ten percent shall not result in a change
in grade elevation by more than 24 inches from
existing natural grade.
C. Ten percent or more shall not result in a change in grade
elevation by more than three feet from existing
natural grade.
. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the minimum
demonstrated by a grading and drainage plan prepared by
a registered civil engineer.
ii. Split level designs shall be used to avoid additional changes
in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils shall
be balanced on site and shall match the existing grading
and drainage pattern of the site.
iv. Unless required by the City Engineer, development shall not
result in a finished floor more than 36 inches above finished
grade.
Shall be limited to the building pad area to the greatest extent
possible.
within 50 feet of ,
unless additional grading is required for emergency access, as
determined by the Fire Department, or for utilities, as
determined by the applicable service provider or the City
Engineer to the greatest extent possible.
b. For lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, graded areas are limited to
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lots.
E.g., two lots sharing a driveway shall divide the driveway grading
quantity in half. The divided share will be charged against the
grading quantity allowed for that lot development.
Limited to a maximum of 2,500 square feet, excluding
driveways.
b. For a two-lot subdivision, lots developed or created pursuant
to Government Code Section 64411.7,
1,250 square feet per lot, excluding driveways, except as
limited by subsection (I).
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
in consultation with the applicant and the City Engineer, submit a
plan to prevent soil erosion and to screen cut and fill slopes.
F. Landscaping
For projects pursuant to Government Code Section 65852.21, nNo
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
2. Landscape
b. Must comply with the Chapter 14.15, Landscaping Ordinance and
Wildland Urban Interface Fire Area (WUIFA) requirements.
c. At least 50% of the front yard area shall be landscaped (i.e., not
of ≥ 30%
,
other development > 500 square feet, except that on lots
developed or created pursuant to Government Code Sections
448
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and other development is limited to a maximum of 500 square
feet for each lot.
b. If the lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21 have no areas with slopes less
than 30% that can accommodate up to two units of 800 square
feet each, grading for building pads for structures is limited to
800 square feet. No other development shall be permitted on
such lots (e.g., development for flat yard area), unless
J. Trail Linkages and Lots
Adjoining Public Open
Spaces Site Plan
Plan Trail Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being developed,
development shall not take place within that area unless
approved through the exception process, except that on lots
developed or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur in an area
where a trail linkage is identified on the property.
c. For lots adjoining Public Open Spaces, driveways and buildings
shall be located as far as feasible from the Public Open Space
and designed in a manner to minimize impacts on the Public
Open Space, except that on lots developed or created pursuant
to Government Code Sections 64411.7 and 65852.21, no
unless doing so would preclude the development of up to two
.
K. Views and Privacy
ay confer with the building permit applicant to discuss alternate
except
s
minimum
inch or shall have obscure glass
.
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61. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than
10,000 square feet in size and to reflect changes to State law made through SB450:
1. Maximum
Allowable
Development
housing development project approved pursuant to this Section shall
not exceed 800 square feet per unit.
Notwithstanding Paragraph (a), a ministerially approved housing
development approved pursuant to this Section may have a floor area
as calculated in subsection (c) below, if it complies with the
requirements of this Section; provided, however, that if the housing
development is on a parcel created by a ministerial lot split under
Chapter 18.20.170, the maximum allowable floor area for the original
lot shall be allocated to each resulting lot equal to the proportionate
size of each resulting lot to the original lot. However, under no
circumstances shall the size of ministerially approved units exceed
2,000 square feet of living space.
c. For projects not subject to ministerial approval under Paragraph (a) or
(b), maximum allowable development shall be the lesser of:
i. 6,500 square feet; or
ii. For lots with a net lot area of less than 10,000 square feet,
45% of the net lot area times the slope adjustment factor
pursuant to Section 19.40.060(A)(2)*; or
*Formula = (0.45 x Net lot area) x (Slope adjustment
factor)
iii. For lots with a net lot area of greater than or equal to 10,000
square feet, 4,500 square feet plus 59.59 square feet for every
1,000 square feet over 10,000 square of net lot area, times the
slope adjustment factor pursuant to Section 19.40.060(A)(2)**
**Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59))
x (Slope Adjustment Factor)
62. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding 30%:
Allowable floor area shall be reduced by a constant 30%
- 0.3) = 0.7
63. [MODIFIED] Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L)
to clarify objective language and update standards for ministerial approval of up to two
units to reflect changes to State law made through SB450:
and Third Patios Balconies
450
Page 46 of 55
4. Lots
developed
pursuant to
Government
Code Section
65852.21
F. Permitted Yard Encroachments
1. Extension of a
Legal Non-
Where a building legally constructed according to existing first floor
present required first floor setbacks, one encroaching side of the existing
structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting
of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e., a non-
conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer
than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to
Government Code Section 65852.21 and 64411.7.
G. Accessory
Structures
(including
attached patio
covers)
b. Lots created and developed with two units pursuant to Government
Code Sections 64411.7 and 65852.21 may not develop an Accessory
Dwelling Unit or Junior Accessory Dwelling Unit.
-mounted
equirements of Chapter 10.48 of the
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Permitted within the second story
Shall have a minimum of four offset
shadow patterns which reduce the
f. Roof Overhangs
2. Colors -tone and
b. Reflectivity Value Shall not exceed 60 on a flat surface
Lighting
All projects shall strive to attain, except that ministerially approved
pursuant to Government Code Section 65852.21 shall attain, the following
standards:
a. No more than 50% of the façade visible from the right of way shall
comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a one car
garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a minimum of
two feet from the livable areas of the home except if only the garage
and/or the entrance to the home, and no other livable portions of the
home, are accessible from the street level.
d. Third car spaces shall be provided in tandem or shall be provided in a
detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6) inches from
the surrounding building wall and shall include trim of at least one
and a half (1.5) inches in depth.
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f. Where the garage door faces the side yard, but the garage itself is
visible from the street, the garage shall incorporate a window on the
street front facade so that it appears to be a habitable portion of the
house. The window style must be the same as the windows on the
habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible from
the public right of way.
5. Entry Features
All projects shall strive to attain, except that projects
shall attain, the following
standards:
a. Only one entry feature shall be permitted per structure and only one
entry feature shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different building
frontages.
c. Entry features shall be limited to 14 feet in height from the natural
grade to the top of wall plate.
7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I)
8. Detached
Structures
Architectural
Features
architectural interest, such as wall insets or offsets, planters, railings,
trellises, a combination of roofing elements (e.g. hip and gable roofs),
and roofing materials do not count as one of the features.
Gable and
Ends
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay or terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporations of corbels;
• decorative gable pediments;
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• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
Accent
Materials
terminate at the floor or ground, as applicable.
Open Space
Each unit must provide at least 15% of the unit floor area as private open
space on the first floor, with no dimension less than 10 feet.
recycling,
and other
containers
street, shall be provided in an interior yard, behind a fence.
b. This area shall not be concurrent with any emergency access pathway
required by the Fire Department.
L. Off-street
For lots developed pursuant to Government Code Section 65852.21, uU
any newly subdivided the lot, appropriate public right of
64. [MODIFIED] Update Section 19.40.090 to clarify objective language and update standards
for ministerial approval of up to two units to reflect changes to State law made through
SB450:
Objective Zoning and Design Standards for Ministerially Approved Housing Development
Projects. In addition to any applicable objective zoning standards, objective subdivision
standards, and objective design review standards in the Municipal Code, a housing
development project approved pursuant to this Section must comply with all applicable
objective zoning and design standards to the maximum extent permissible under
Government Code Section 65852.21, including but not limited to the standards for
ministerial development projects in Section 19.40.050 and 19.40.060 and the following:
Not aA , subject to the requirements outlined in Section
19.28.070 (I).
Not aA , subject to the setback requirements outlined in
Section 19.40.060 (D).
a. See Section 19.40.060.
a. Windows and Doors shall either:
i. Have a minimum three-and-one half inch in width by
three-
454
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ii. Be inset a minimum of three inches from the exterior
finish of the structure. If recessed, the primary siding
material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door
by not less than two-inch depth.
All garage doors shall be recessed a minimum of six (6) inches
from the surrounding building wall and shall include trim of
at least one and a half (1.5) inches in depth.
Roof overhangs or building eaves shall be a minimum of 12
inches in width.
Detached structures on a lot must use the same architectural
style and materials.
Where the garage faces the side yard, but is visible from the
street, the garage shall incorporate a window on the street
front facade so that it appears to be a habitable portion of the
the habitable dwelling unit(s).
Garage doors for no more than two car spaces shall be visible
from the public right of way.
The elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry
feature, and/or elements of architectural interest, such as wall
insets or offsets, planters, railings, trellises, a combination of
roofing elements (e.g. hip and gable roofs), dormers, change
in architectural materials, quoins, accent tiles, or an accent
window inset greater than six inches. Windowsills, door or
window trim, and roofing materials do not count as one of the
features.
Gable ends and dutch gable ends taller than thirty inches
shall include at least one element of architectural interest
such as:
o a wall offset with corbels, brackets or change in materials;
o louvered wood or metal vents;
o clay or terracotta tile vents;
o accent tile decoration;
o medallion decoration;
o metal grille;
o a change in architectural materials;
o incorporations of corbels;
o decorative gable pediments;
o eyebrow trellises or pergola structurally attached to the
building or
o
455
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i. Stone veneer or accent materials used as a wainscot on a street
facing façade shall be wrapped around to the side façade and
end at a logical terminus, such as a fence line or a chimney.
j. Stone veneer or any other siding material wrapped on
columns shall terminate at the floor.
Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than
recycling,
the street, shall be provided in an interior yard behind a
fence.
This area shall not concurrent with any emergency access
pathway required by the Fire Department.
4. Setbacks
Detached structures: Detached structures located on the same
lot shall have a setback of five feet as measured between the
eaves of the two structures.
56. Parking
Units shall have at least one off
parking requirements shall not be imposed in either of the
following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b) Code,
or of a major transit stop, as defined in Public Resources
Code Section 21064.3.
ii. There is a car-share vehicle located within one block of
the parcel.
Parking space(s) shall be provided in an enclosed garage
encompassing 10’ by 20’ space for each space, unobstructed
(i.e., by walls, appliances, etc.) between six inches from the
finished floor up to six feet from the finished floor.
When additional enclosed parking space(s) is/are provided, the
space(s) shall meet the requirements of Chapter 19.124.
Chapter 19.44
65. Update Section 19.44.020 (A) to correct reference:
A. The requirements of this chapter, unless waived or modified in accord with Section
19.44.0980, must be met with respect to all real properties intended to be developed as, or
456
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converted to, a single-family residential cluster development as described in this chapter,
including the conversion of existing apartment houses to condominiums.
Chapter 19.46
66. Edit Table 19.46.070 (G) to use correct spelling of sight:
Chapter 19.60
67. Update Section 19.60.050 to correct references:
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following
regulations shall apply to all users governed by this chapter.
3. The activity must be conducted entirely within a building or enclosed patio or atrium
except for:
b. Vehicular parking including the parking of business related vehicles that comply
with the sign, off-street parking, and noise regulations;
c. Outdoor seating for restaurants in accordance with the requirements of Section
19.60.0430.
d. Special promotional events undertaken by permitted businesses;
e. The display of merchandise in front of stores must be displayed under a roof
overhang or canopy and must be displayed in an organized, neat, and safe
fashion, in accordance with the requirements of Section 19.60.0430.
Chapter 19.100
68. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the attached accessory
structure setbacks:
b. Attached accessory
buildings/structures
setbacks, height and lot coverage regulations applicable to
principal dwellings in the applicable zone, unless a separate
setback standard is provided in subsection (d) through (g)
below.
69. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:
Sighte Triangle portions thereof.
e
457
Page 53 of 55
70. Add Section 19.100.030 (B) (2) (l) to update standards for accessory structures to reflect
changes to State law made through SB450:
l. Architectural
style
Chapter 19.102
71. Edit Section 19.102.020 (D) to clarify applicability of standards:
, apply only to the new
exterior glass windows, doors, or features
Chapter 19.104
72. Update Section 19.104.100 (L) to correct an internal reference:
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.2980. One "OPEN" sign not exceeding two square feet and of any material may be
placed in a window without penalty towards window coverage limitations;
73. Update Section 19.104.140 to clarify standards:
Businesses
.; or
Sign directed
- of-
rar ft of
• Length =
-of-way more than
.
clearance of at least fifteen
, or parking area,
, or
CDD
Meets
Design
Criteria in
Section
19.104.220
458
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.; or
Single tenant
Office &
Businesses
.; or
Sign directed
- of-
• Length =
CDD Same as
above
74. Update Section 19.104.150 (C) to correct an internal reference: 14.24.050
C. Logos,
Symbols, or
14.24.050
19.104.140
Same as
Sec.
19.104.140
-
Shall meet Design
Review Criteria in
Sec. 19.104.220 and
restrictions in Sec.
19.104.190
75. Edit Table 19.104.160 to use correct spelling of sight:
459
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Use/
Zoning Allowed Area &
Length
Location
Maximum
Height
Review Authority
signs: Area of
larger face of sign
= Total Sign Area
triangle or
ghte triangle.
Chapter 19.124
76. Update reference in Section 19.124.030 (I) to parking exception approval authority:
,
Special Parking Arrangements may be approved per Section 19.124.0650C.
77. Revise language in Section 19.124.040 to clarify intent and applicability of standard.
Landscape
Requirements
five percent or
greater increase or decrease in floor area or a twenty-five percent or
greater change in floor area resulting from a use permit or
architectural and site approval within twelve months shall be required
to meet the following minimum landscape requirements. However,
the Planning Commission and/or City Council may recommend
additional landscaping.
Chapter 19.132
78. Update Section 19.132.050 to refer to Conditional Use Permit findings:
Written findings regarding the granting or denial of any conditional use permit subject to
this chapter shall be made by the Planning Commission in accordance with Chapter 19.156
and shall be based on substantial evidence in light of the entire administrative record.
460
CITY OF CUPERTINO
Agenda Item
25-14326 Agenda Date: 10/7/2025
Agenda #: 17.
Subject:Request Cities Association of Santa Clara County (“CASCC”)to amend the Joint Powers
Agency Agreement and Bylaws to rectify undemocratic practices pertaining to the election of Executive
Officers,the method of selecting the Chair of the Legislative Action Committee,and to remove the
requirement that Executive Officers be elected during a specific month;and to appoint Vice Mayor Kitty
Moore to the CASCC Board for the 2026 term and support her election to the Executive Committee
1.Adopt Resolution No. 25-083 (Attachment A) requesting the Cities Association ofSanta Clara County
amend the Joint Powers Agency Agreement and Bylaws to: 1)require all Executive Officer offices be held
by member cities, not by individual councilmembers or appointed directors, and that all Executive
Officers be appointees or alternates to the Board of Directors; 2) require the members of the Legislative
ActionCommittee to elect that committee’s chair from its membership; and 3) remove theBylaw provision
setting the time for annual elections of Executive Officers in November or soon after.
2. Adopt Resolution No. 25-084 (Attachment B) to appoint Vice Mayor Kitty Moore to the Board of
Directors of the Cities Association of Santa Clara County for the 2026 term beginning in January 2026 and
endorsing her candidacy in the election for ExecutiveOfficers.
3.Authorize Vice Mayor Moore,the appointed representative to the CASCC Board,to send a letter to the
CASCC to inform them of the above resolutions approved by theCouncil and attach this Council Report
by Mayor for information.
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™461
OFFICE OF THE CITY ATTORNEY
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403 www.cupertino.org
01276.0006 2044851.1 1
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Request Cities Association of Santa Clara County (“CASCC”) to amend its Joint
Powers Agency Agreement and its Bylaws to rectify undemocratic practices
pertaining to the election of Executive Officers, the method of selecting the Chair
of the Legislative Action Committee, and to remove the requirement that the
Executive Officers be elected in a specific month.
Background:
This item has been agendized at the request of the Mayor. A detailed Council
Report, authored by the Mayor, accompanies this item and provides the full
analysis, context, and proposed actions.
Actions to consider:
1. Approve the recommended action.
2. Do not adopt Resolution No. 25-__ (Attachment A) and maintain the
current structure..
3. Do not adopt Resolution No. 25-__ (Attachment B) appointing
Councilmember Kitty Moore to the Board of Directors for 2026.
4. Modify one of both of the Resolutions.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item
Not a City Work Program Item
462
01276.0006 2044851.1
Council Goal
Transparency and accountability for representations on regional bodies, such as
CASCC.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
Council Report by Mayor Chao
A – Draft Resolution Requesting Amendments to the JPA Agreement and Bylaws
B – Draft Resolution Appointing Vice Mayor Kitty Moore to JPA Board of
Directors
C – Joint Powers Agency Agreement for the Cities Association of Santa Clara
County, effective January 26, 2024 (redline)
D – Bylaws of the Cities Association of Santa Clara County Joint Powers Agency,
approved May 9, 2024 (redline)
463
OFFICE OF THE MAYOR
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3200 • FAX: (408) 777-3366
CUPERTINO.GOV
CITY COUNCIL REPORT
Meeting: October 7, 2025
Subject:
Request Cities Association of Santa Clara County (“CASCC”) to amend the Joint
Powers Agency Agreement and Bylaws to rectify undemocratic practices pertaining to
the election of Executive Officers, the method of selecting the Chair of the Legislative
Action Committee, and to remove the requirement that Executive Officers be elected
during a specific month; and to appoint Vice Mayor Kitty Moore to the CASCC Board
for the 2026 term and support her election to the Executive Committee.
Recommended Action:
1. Adopt Resolution No. 25-___ (Attachment A) requesting the Cities Association of
Santa Clara County amend the Joint Powers Agency Agreement and Bylaws to: 1)
require all Executive Officer offices be held by member cities, not by individual council
members or appointed directors, and that all Executive Officers be appointees or
alternates to the Board of Directors; 2) require the members of the Legislative Action
Committee to elect that committee’s chair from its membership; and 3) remove the
Bylaw provision setting the time for annual elections of Executive Officers in November
or soon after.
2. Adopt Resolution No. 25-___ (Attachment B) to appoint Vice Mayor Kitty Moore to
the Board of Directors of the Cities Association of Santa Clara County for the 2026 term
beginning in January 2026 and endorsing her candidacy in the election for Executive
Officers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board, to
send a letter to the CASCC to inform them of the above resolutions approved by the
Council and attach this Council Report by Mayor for information.
464
Reason for Recommendation and Available Options
The CASCC is a regional body comprised of fifteen cities in Santa Clara County. In
January 2024, the member cities adopted a Joint Powers Agency Agreement (“JPA”),
thereby converting the prior unincorporated association into a Joint Powers Agency.
The stated goals of the JPA include, among others:
• building consensus on regional issues;
• providing a unified voice for member cities in legislative and policy advocacy;
and
• respecting the principle of local control.
The current JPA and Bylaws specify the following:
1. The Board of Directors (“Board”) consists of one member appointed by
each member city.
2. The Board shall elect the five Officers to serve on the Executive Committee
(“EC”): President, First Vice President, Second Vice President,
Secretary/Treasurer, and Immediate Past President.
3. The President must be a member of the Board.
4. At least two Officers must be members of the Board.
5. The remaining Officers may be any Councilmembers from a member city,
regardless of whether their city has appointed them to the Board to
represent their city.
6. The Legislative Action Committee (“LAC”) shall be chaired by the Second
Vice President and the LAC members shall be appointed by the member
cities.
7. The Board shall elect the Officers at the November Board meeting or the
first meeting held on or after November 1 of each year. (Art. IV, Section
2(b).)
The current practices are inconsistent with the stated democratic goals of JPA to
represent member cities. Specifically, these provisions are concerning:
• Two Officers on the Executive Committee are not required to be appointed by
any member city at a public meeting through democratic vote by their home
city councils,
• The LAC Chair, designated as the Second Vice Chair, is not required to be
appointed by any member city to either the Board nor to the LAC. The LAC
could have two councilmembers from one member city, with one serving as
the Chair,
465
• The LAC Chair, who is not required to be appointed by any member city, has
the power to determine what bills to put on the agenda to discuss and
provide narrative descriptions of the bills.
• Two members of the LAC may be from the same member city. This practice
creates conflicts with the “one representative from each member City” rule
provided in the Bylaws (Art. VI, Section 1(b).)
• The election of Executive Officers occurs each November, when the member
cities usually appoint their representatives to the Board in late December or
January.
We propose the following changes to the JPA and Bylaws to ensure that the Officers of
CASCC and the LAC Chair consist of members appointed by each Agency Member at a
public meeting to better align with the democratic goal of the CASCC.
1. Executive Committee Membership
Amending Article 10 of the JPA to require all Executive Officers offices be held
by member cities, not by individual council members or appointed directors, and
that all Executive Officers be appointees or alternates of the Board of Directors
appointed by member cities.
2. Legislative Action Committee Chair
Amending Article 12 of the JPA to require the LAC members to elect its own
Chair from among its appointed members.
3. Election Timing
Eliminating the requirement to elect Officers for the Executive Committee in
November or soon after. The Board should have the flexibility to set election
dates in a manner consistent with the appointments for the Board by member
cities.
If there is a desire to continue to elect the Officers in November, the member cities
might consider making appointments to the Board for the next year before the
November election for the CASCC Officers to allow certainty that the elected Officers
would be members of Board the following year.
To model best practices, we choose to make the appointment to the CASCC for the 2026
term, beginning in January 2026, in October 2025. And we express our support for the
application of Vice Mayor Kitty Moore to serve as one of the Officers on the Executive
Committee, ahead of the November election, to show that the Officers have the support
of the member city in a resolution adopted at a public meeting.
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Additionally, the draft resolution (Attachment B) approves the appointment of Vice
Mayor Kitty Moore to represent the City of Cupertino as a member of the CASCC Board
of Directors for the 2026 term beginning in January 2026, and supports her endorsement
for election to the CASCC Executive Committee when that election next occurs.
Councilmember Moore is a Civil Engineer who has served Cupertino as a City
Councilmember and Planning Commissioner for over six years. She has represented the
City on the CASCC Board and the Legislative Action Committee since January 2025,
and her extensive experience ensures she will continue to effectively represent the City
and its interests.
Actions to consider:
1. Approve the recommended actions.
2. Do not adopt the resolution requesting the CASCC amend its JPA and Bylaws
and maintain the current structure, though some Officers of CASCC and the
LAC Chair may not be appointed by any city council of a member city at a public
meeting.
3. Do not adopt the resolution appointing Vice Mayor Moore to the Board of
Directors for the 2026 term and endorsing her in the election of Executive
Officers.
4. Modify the Resolutions.
_____________________________________
Prepared by: Liang Chao, Mayor
Reviewed by: Kitty Moore, Vice Mayor
Floy Andrews, Interim City Attorney
Attachments:
A – Draft Resolution Requesting Amendments to the JPA Agreement and Bylaws
B – Draft Resolution Appointing Vice Mayor Kitty Moore to JPA Board of Directors
C – Joint Powers Agency Agreement for the Cities Association of Santa Clara County,
effective January 26, 2024 (redline)
D – Bylaws of the Cities Association of Santa Clara County Joint Powers Agency,
approved May 9, 2024 (redline)
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RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REQUESTING AMENDMENTS TO THE JOINT POWERS AGENCY
AGREEMENT AND BYLAWS OF THE CITIES ASSOCIATION OF SANTA
CLARA COUNTY TO ENSURE FAIR AND DEMOCRATIC
REPRESENTATION
WHEREAS, the City of Cupertino is committed to promoting
transparency, accountability, and democratic representation in all regional and
intergovernmental bodies in which it participates, including the Cities
Association of Santa Clara County (“CASCC”).
WHEREAS, in January 2024, a Joint Powers Agency Agreement (“JPA”)
became effective, and reorganized the prior unincorporated association into a
Joint Powers Agency. A copy of the JPA is attached as Exhibit A. In May 2024,
the CASCC adopted Bylaws pursuant to Article 26 of the JPA. A copy of those
Bylaws is attached as Exhibit B.
WHEREAS, the City of Cupertino, as a member agency of the CASCC, is
concerned that certain provisions of the JPA undermine the fair and democratic
representation of its member cities.
WHEREAS, the JPA sets forth as among its goals the development of
consensus positions on issues of regional concern, the advancement of a unified
legislative voice on behalf of its members, and respect for local control.
WHEREAS, the City Council of Cupertino finds that certain provisions of
the JPA and Bylaws are inconsistent with those goals and create opportunities for
undemocratic practices that concentrate unchecked decision-making authority in
the CASCC Executive Committee.
A. Executive Committee Membership
WHEREAS, the JPA allows two of its five Executive Committee members
to serve regardless of whether those two members were appointed by their city
councils as either Directors or alternates to the organization’s Board of Directors,
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thereby permitting two individuals to hold Executive Officer positions without a
direct mandate from their home cities’ governing bodies.
WHEREAS, this structure enables certain individuals to act as Executive
Officers on behalf of their cities without having been appointed by, or
accountable to, their city’s city councils, contrary to principles of representative
governance.
WHEREAS, this issue can be remedied by amending Article 10 of the JPA
to ensure 1) that Executive Officer offices are held by member cities, not by their
individual council members or appointed directors, and 2) that all Executive
Officers be members or alternates to the Board of Directors, all of whom must be
appointed by their respective city councils, pursuant to Article 8 of the JPA.
B. Legislative Action Committee Chair
WHEREAS, the Legislative Action Committee (“LAC”) is comprised of
one representative from each member agency (JPA, Art 12; Bylaws Article VI,
Section 1(b)), but these representatives do not elect the Chair of the LAC from its
membership. Instead, the JPA automatically designates the Chair of the LAC is to
be held by the Second Vice Chair of the Executive Committee. (JPA, Art. 12.)
WHEREAS, the Second Vice Chair is not required to be and often is not a
member or alternate of the Board of Directors, and therefore has not necessarily
been appointed by their city council, yet still the Chair exercises significant
legislative agenda-setting authority on behalf of CASCC.
WHEREAS, this structure also conflicts with Article 12 of the JPA and
Article VI, Section 1 (b) of the Bylaws, both of which provide that no more than
one representative from each jurisdiction shall serve on the LAC, a rule
undermined when a member city has both its appointed representative as a
member of the LAC, as well as its Second Vice Chair serving as the Chair of the
LAC.
C. Election Timing
WHEREAS, Article IV, Section 2(b) of the Bylaws requires elections for
Executive Officers occur in November of each year, a schedule that may conflict
469
with the seating of newly elected or re-elected city councilmembers in many
jurisdictions.
WHEREAS, this restriction is unnecessary, as the Board of Directors is
capable of establishing election timelines without a rigid calendar requirement.
NOW, THEREFORE, BE IT RESOLVED,
That the City Council of the City of Cupertino hereby requests that the Board of
Directors of the Cities Association of Santa Clara County amend its Joint Powers
Agency Agreement and Bylaws as follows:
1. Amend Article 10 of the JPA to require that all Executive Officer offices
are held by member cities, not by individual council members or
appointed directors, and that all Executive Officers be appointees or
alternates to the Board of Directors.
2. Amend Article 12 of the JPA to provide that the Chair of the Legislative
Action Committee shall be elected by and from the duly appointed
representatives of the LAC, consistent with the one-representative-per-
jurisdiction rule of Article 12 of the JPA, and Article VI of the Bylaws.
3. Amend Article VI, Section 2(b) of the Bylaws to eliminate the November
requirement for Executive Officer elections, and instead permit the Board
of Directors to set election timelines that align with member agencies’
council seating schedules.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino directs the Mayor, or the Mayor’s
designee, to transmit this Resolution and its attached Exhibits A and B, along
with a cover letter introducing these changes, to the Cities Association of Santa
Clara County for discussion and action at the October 9, 2025 meeting of its
Board of Directors.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
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AYES:
NOES:
ABSENT:
ABSTAIN:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPOINTING VICE MAYOR KITTY MOORE TO THE BOARD OF
DIRECTORS OF THE CITIES ASSOCIATION OF SANTA CLARA COUNTY
FOR THE 2026 TERM AND IN SUPPORT OF HER ELECTION TO ITS
EXECUTIVE COMMITTEE
WHEREAS, the City of Cupertino is a member of the Cities Association of
Santa Clara County (“CASCC”) and is therefore entitled to appoint one City
Councilmember to serve as Director on the CASCC Board of Directors and one to
serve as an alternate to the Board of Directors.
WHEREAS, Cupertino Councilmember, Kitty Moore, currently serving as
Vice Mayor in 2025, is a Civil Engineer and a certified paralegal who has served
the City of Cupertino as a City Councilmember and Planning Commissioner for
over six years, and has represented the City as a Director on the CASCC Board of
Directors and a member of the CASCC Legislative Action Committee since
January 2025.
WHEREAS, Councilmember Kitty Moore has served on the Cupertino
Audit Committee for three years and has solid experience in budgeting,
reviewing expenditures, and thoughtfully evaluating financial policy. Kitty
Moore has served for three years on the Cupertino Legislative Review
Committee working with a Sacramento-based lobbying firm, is well informed of
the state legislative process, and following the legislative process diligently.
WHEREAS, Councilmember Kitty Moore has been elected by regional
members to serve as Vice Chair of the Santa Clara Valley Water Commission and
as Chair of the Valley Transportation Authority Policy Advisory Committee for
two consecutive years, demonstrating that her ability to lead is respected by her
peers in other cities through service on these regional bodies (see
Councilmember Moore’s Application for Cities Association Executive Committee
as Exhibit A).
NOW, THEREFORE, BE IT RESOLVED,
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That the City Council of the City of Cupertino hereby appoints Councilmember
Kitty Moore to represent the City of Cupertino as a member of the CASCC Board
of Directors for the 2026 term beginning in January 2026.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino hereby endorses Councilmember
Kitty Moore to represent the City of Cupertino as a member of the CASCC
Executive Committee when that election next occurs.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino directs the Mayor, or the Mayor’s
designee, to transmit this Resolution to the Cities Association of Santa Clara
County.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
________
________________________
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From: Catherine “Kitty” Moore
Vice Mayor, City of Cupertino
To: Nominating Committee and Board Members: Larry Klein, Mayor of Sunnyvale/Board
President, Tina Walia, Saratoga Councilmember/First Vice President, and Carmen Montano,
Mayor of Milpitas/Board Member
RE: Position(s) Sought: 1st VP, 2nd VP or Secretary/Treasurer
Greetings!
As Vice Mayor of Cupertino, I bring a unique blend of technical expertise, regional leadership
experience, and deep community commitment to public service. I am in my second term on city
council having been re-elected in 2024 with the highest number of votes, the largest vote margin
to the next candidate in Cupertino history, and while running against 4 prior Cupertino Mayors.
As a child growing up in Vermont, my family was on foot stamps; I was financially independent
at 18 and I attended university on a AFROTC scholarship working up to three jobs while in
school. My husband, siblings, late father and uncles are all veterans of the US Armed Forces. I
am mom to two adult sons who work together with my husband on a startup they are building.
I have a technical background working in Civil Engineering (designed street, grading, sewer,
storm drains, and conducted hydrology studies, traffic studies, etc.) and am a certified paralegal
with a lifelong dedication to learning—most recently completing both Basic and Advanced
Environmental Studies Certificates to strengthen my effectiveness as a policymaker. Over the
past seven years, I’ve served on the Cupertino City Council and previously as Chair of the
Planning Commission, Chair of Cupertino’s Environmental Review Committee (4 years),
Legislative Review Committee (served 3 years), Housing Element Strategic Advisory
Committee, and Audit Committee (served 3 years). I’ve also represented Cupertino regionally as
Vice Chair of the Santa Clara Valley Water Commission, 2-year Chair of the Valley
Transportation Authority Policy Advisory Committee, and a Board Member of the Santa Clara
County Library District JPA, where I was appointed to the Finance Subcommittee. I currently am
appointed as primary to serve on the SCCCA LAC, BOD, and Selection Committee with Mayor
Chao as the alternate. My work focuses on fiscally sound governance, transparent leadership, and
collaborative solutions that serve all our communities.
My record reflects a strong commitment to environmental protection, public accountability, and
smart financial stewardship. I uncovered over $64 million in idle city funds in 2024—securing
higher returns for taxpayers—and established a Fraud, Waste, and Abuse hotline that
strengthened internal controls and helped restore public trust after a 14-year embezzlement.
Environmentally, I spearheaded action on major cleanup efforts, including identifying more
extensive hazardous waste contamination at the Vallco site, which led to long-overdue regulatory
oversight after years of delays. I’ve championed local environmental ordinances, expanded
affordable housing—including homes for extremely low-income residents with developmental
disabilities—and secured tens of millions in grants for parks, streets, and public facilities.
Exhibit A
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I have solid experience with budgets and review spending and financial policy thoughtfully
having served 3 years on our Audit Committee and budget formatting subcommittee to increase
public engagement and accessibility to the complexities of municipal budgeting. While the JPA
budget is not as complex, having good policies in place and experience with oversight would be
helpful for the organization. I have served 3 years on our Legislative Review Committee which
is supported by a lobbyist. I understand the importance of having a legislative platform, and to
fairly listen to committee members, along with the legal requirements conducting meetings and
have advocated successfully for these to be met at the LAC where they were not. The LAC needs
to have some consensus on a basic platform, fairness in proposing bills, and a reasonable limit to
their number.
The JPA overall, will always need thoughtful stewards to promote a democratic body which
supports and advocates for the needs of the member cities to fulfill the JPA Agreement Purposes
particularly such as being a forum for the wider community and creating more opportunities to
discuss approaches to each city’s strategies on regional issues. This year’s members, for instance,
could have Article 2 – Creation and Purposes presented as an online survey, perhaps with
additions from the President, to grade ourselves on our performance with comment space
available for each item and the results could inform the JPA for next year’s work plan direction.
I would be humbled and honored to be able to bring this depth of experience, integrity, and
results-driven leadership to the Santa Clara County Cities Association and look forward to
supporting our cities to have solid, collective input from all members, as 1st Vice President, 2nd
Vice President or Secretary/Treasurer.
Thank you all for your service to the Cities Association, your individual cities, and to all our
constituents. The countless hours providing for and advocating for our region are genuinely
appreciated!
Best regards,
Kitty Moore
Joint Powers Agency Agreement for Cities Association of Santa Clara County
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to
Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
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3
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies,
organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code
Section 50270 et seq., as amended and make appointments to regional and local bodies as
provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in
Santa Clara County;
2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector
to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and
strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members' and Agency's standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to
elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to
assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit
the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of
individual effort, and creates positive outcomes.
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JOINT POWERS AGENCY AGREEMENT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY
This Joint Powers Agreement ("Agreement" or "JPA") for the Cities Association of Santa Clara
County is entered into by and among the cities ("Members"), which are organized and existing under
the Constitution and laws of the State of California in which public agencies are located in the County
of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association
of Santa Clara County Joint Powers Agency ("Agency").
RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code
(Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers
common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the
jurisdiction of the County of Santa Clara ("County"); and
WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated
association since 1990 and desires to formalize the relationship between its City and Town members
and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and
WHEREAS, the Members executing this Agreement, desire to join together to create a separate
Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for
positive action; enhancing the quality of life for the residents of the County and their individual cities;
and encouraging other joint and cooperative endeavors among the public agencies for their mutual
benefit.
NOW, THEREFORE, the Parties agree to the following:
AGREEMENT
ARTICLE 1 - DEFINITIONS
1.1 "Associate Member" shall mean any non-city local agency, located within jurisdictional
authority of the County of Santa Clara, and shall have duly executed and delivered to the
Agency an Associate Membership Agreement in the form of and as further provided in the
Bylaws of the Agency, as further provided in Article 32 herein.
1.2 "Agency" shall mean the Cities Association of Santa Clara County Joint Powers Agency created by
this Agreement.
1.3 "Board of Directors" or "Board" shall mean the governing body of the Agency.
1.4 "Executive Committee" shall mean the Executive Committee of the Board of Directors of the
Agency.
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1.5 "Fiscal Year" shall mean that period of twelve (12) months which is established by the Board of
Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of
each year.
1.6 "Government Code" shall mean the California Government Code, as amended.
1.7 "Joint Powers Law" shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with
Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.
1.8 "Legislative Body" shall mean the legislative board of each Public Agency that is a Member of
the Agency.
1.9 "Member" shall mean any city which has executed this Agreement and has become a member
of the Agency. The complete list of Members is set forth in Exhibit "A" attached hereto and
incorporated herein by this reference.
1.10 "Parties" shall mean Members or Associate Members who are party to this Agreement.
1.11 "Public Agency" shall mean public agency as defined in Government Code Section 6500, as
amended.
1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the
masculine, feminine or neutral gender shall be construed to include each other gender, when
appropriate, and words of the singular number shall be construed to include the plural number,
and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be
construed to effectuate the purposes set forth and to sustain the validity of those purposes.
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to
Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies,
organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code
Section 50270 et seq., as amended and make appointments to regional and local bodies
as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in
Santa Clara County;
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3
2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector
to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and
strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members' and Agency's standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to
elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to
assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that
benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of
individual effort, and creates positive outcomes.
ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other
Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties
to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement,
pursuant to Article 20, shall not affect this Agreement or the remaining Members' obligations.
ARTICLE 4 - FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at
least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency
shall promptly notify all Members in writing of the effective date. After one full year after the initial
formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal
of Members and the membership level remains at below seven (7) Members for a period of at least
one (1) year and a similar joint powers authority, with the same or similar powers and functions is
formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name
and permit the new organization to take on the name of the Agency. Notwithstanding the name
change, this Agreement shall continue in effect until terminated as provided herein. The termination of
this Agreement with respect to an individual Member upon its withdrawal from membership in the
Agency shall not operate to terminate this Agreement with respect to the remaining Members.
ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart
from the Parties hereto, to be known as the "Cities Association of Santa Clara County Joint Powers
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Agency" with powers as are set forth herein. Upon formation of the Agency as described in Article 4,
the Cities Association of Santa Clara County, an unincorporated association shall follow the process of
dissolution and cease to exist.
ARTICLE 6 - POWERS OF THE AGENCY
6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public
agency as defined in the Government Code Section 6500 as amended and all additional powers
set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency
created hereby and is authorized to do all acts necessary for the exercise of these powers on
behalf of its Members. Powers include, but are not limited to, the following, in the Agency's
own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of
personal property, funds, services, and other forms of assistance from persons, firms,
corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in
Government Code Section 6504, as amended including contributions or advances of
personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities,
pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights,
or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including
other joint powers agencies and unincorporated associations to pursue funding, enter
agreements and otherwise carry out the purposes of the Agency; and
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6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the
Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or
support of any purpose of the Agency.
ARTICLE 7 - RESTRICTIONS ON POWERS
7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the
Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same
manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if
the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the
exercise of its power in the same manner as another Member agreed to by the majority of the
Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or
this Agreement, subject itself to the internal policies or ordinances of any Member.
7.2 The Agency shall not have the power of eminent domain.
7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may
receive the proceeds of taxes imposed by other entities or public funds from other entities.
7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.
7.5 The Agency shall not have the power to hire employees.
7.6 The Agency shall not have the power to issue debt.
ARTICLE 8 - BOARD OF DIRECTORS
8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one
Director representing each Member. Each Member's Legislative Body, according to its own
procedures, shall appoint a Member of the Legislative Body as a Director to represent the
Member on the Board of Directors. The Director shall serve at the pleasure of their respective
Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director
("Alternate") who shall participate in and vote at any meeting of the Board when the primary
Director is absent. Any vacancy in a Director or Alternate position shall be filled by the
appointing Member's Legislative Body, subject to the provisions of this Article. Immediately
upon admission of a new Member, the new Member shall be entitled and required to appoint a
Director and one alternate Director. Every Director or Alternate shall be a Council Member or
Mayor of their individual Member city.
8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence
of any one of the following events: (1) the Agency receives written notice from the appointing
Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of
the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4)
the Agency receives written notice from the Member that the Director or Alternate is no longer
qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21.
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8.3 The Board of Directors shall have the following powers and functions:
8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and
conduct all business of the Agency, either directly or by delegation to other bodies or
persons;
8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;
8.3.3 The Board shall be the policy setting body of the Agency;
8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or
independent contractors in accordance with Article 14;
8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt
the annual operating budget of the Agency. Adoption of the budget may not be
delegated. The Board shall adopt their budget no later than the first April 30th following
formation and then subsequently by April 30th of each successive year. The Board shall
review, set, and adopt annual dues to be funded by Agency Members;
8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of
the Agency, as required under Article 16 of this Agreement;
8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other
matters necessary or convenient for the efficient operation of the Agency;
8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and
8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and
duties as are reasonably necessary to carry out the purposes of the Agency.
ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS
9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors
shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.
The Board or Executive Director, in consultation with the President of the Board as provided in
Article 10 below, may call special meetings.
9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular
and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph
M. Brown Act, Government Code Section 54950 et seq., as amended.
9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of
all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the
Secretary/Treasurer or designee shall forward to each Board Member, a copy of the
minutes of the meeting.
9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of
business. Unless otherwise required by law, a vote of the majority of a quorum of the members
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present at a meeting is sufficient to take any action, unless otherwise specified in this
Agreement. However, less than a quorum may adjourn the meeting to a future date.
9.5 Each Member of the Board shall have one vote.
ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice
President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as
may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice
President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the
November Board of Directors meeting, or the first meeting held on or after November 1 of each year.
All Of the Officers, the President, and at least two other Officers, Officers Directors must also be
members of the Board of Directors or alternates to the Board of Directors. The remaining Officers
may be the elected or appointed Mayor or Council Member of any Member of the Agency
regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of
his or her office upon election. If the Presidentany Officer ceases to be a Member or alternate of
the Board, the resulting vacancy shall be filled by the alternate from thate City.at the next meeting of
the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy.
The President shall preside at and conduct all meetings of the Board. Should the Board President not
be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If
that individual is unavailable, then any Director appointed by the President maythee next highest
level Officer shall preside. The Board may appoint other officers as it considers necessary. The
duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The
Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as
Secretary/Treasurer, as provided in the Joint Powers Law.
ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive
Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First
Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11
Members, the Board shall establish and elect an Executive Committee of the Board which shall consist
solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist
thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large
may be appointed by the Board to serve on the Executive Committee. The qualifications of the
Member at Large are that they must be an elected or appointed Mayor or Council Member of a
Member of the Agency but need not be on the Board of Directors. The terms of office of the Members
of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the
Agency between meetings of the Board, exercising all those powers as provided for in this Article, or
as otherwise delegated to it by the Board.
The Executive Committee, subject to approval by the Board of Directors, shall exercise all
powers or duties of the Board relating to the entering, approval and execution of agreements, leases,
and other instruments of or relating to the finances of the Joint Powers Agency within the previously
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approved annual budget or amended budget. The Executive Committee may have additional powers
delegated to it by the Board, except for the adoption of the Agency's annual budget. Any additional
powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive
Committee shall obtain approval from the Board before authorizing or conducting any investigations
into the business of the Agency and before taking personnel action. These actions must be authorized
by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be
called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code
Section 54950 et seq., as amended.
ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the
Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by
Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by
the President. Each committee shall have those duties as determined by whichever Agency body
created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its
chairperson and shall report to and be directed by whichever entity created it. No more than one
representative from each jurisdiction shall serve on each committee. Membership of any committee
may consist in whole or in part of persons who are not members of the Board; provided that the Board
may delegate decision-making powers and duties only to a committee, a majority of the members of
which are Board Members. Any committee, except the City Selection Committee, in which a majority
of the members are not Board Members may function only in an advisory capacity. The Legislative
Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice
Presidentwhose chair shall be democratically elected by its membership and whose members
shall be appointed by the Agency Members. Should there be no Second Vice President, the
Legislative Action Committee shall be chaired by the First Vice President. All standing committees
shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 13 - CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall
administer the City Selection Committee as follows: The City Selection Committee shall be a permanent
committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government
Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City
Selection Committee, whether or not they are members of the Agency.
ARTICLE 14 - PROFESSIONAL SERVICES
14.1 The Board of Directors may contract with individuals or companies to provide the following
services at the pleasure of the Board of Directors:
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14.1.1 Executive Director. The Board shall contract with a consultant or independent
contractor to fulfill the following duties of an Executive Director: manage the affairs of
the Agency, subject to the general supervision and policy direction of the Board and the
Executive Committee; oversee the day-to-day activities of the Agency; select and
manage the activities of all consultants and independent contractors to the Agency; be
responsible for required filings by the Agency with the State of California; prepare or
delegate the preparation of all meeting notices, minutes, and required documentation
of the Agency; prepare and propose an annual budget; prepare reports and
recommendations for consideration by the Executive Committee or Board; be
responsible for billing and collection of annual dues; maintain the records of the Agency;
assist Local Agencies in the preparation and filing of applications for participation in the
financing programs of the Agency; expedite the processing of these applications; pay all
invoices, taxes and amounts due; and perform other duties as are assigned by the Board
and Executive Committee. The Executive Director may have the authority to sign
agreements, applications, and other documents on behalf the Agency, if authorized by
the Board or Executive Committee. The Executive Director shall have the Authority to
enter into individual Agreements with a single vendor over the course of a fiscal year, on
behalf of the Agency, up to the amount set by the Bylaws.
14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or
law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take
direction from the majority of the Board of Directors. The General Counsel shall be a
member in good standing of the California State Bar. The General Counsel shall be
responsible for the legal affairs of the Agency;
14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the
State of California. The Auditor will conduct annual financial audits of the Agency;
14.1.4 Other services. The Executive Director may hire additional consultants and independent
contractors, as appropriate, based upon a previously approved budget;
14.1.5 The Agency shall not contract with or become a member of the California Public
Employees Retirement System ("PERS"), nor shall any agent, consultant or independent
contractor of the Agency become a member of PERS or be entitled to a pension or
retirement from PERS as a result of service to the Agency; and
14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director,
the Auditor, the General Counsel and any other consultants or independent contractors
who provide services to the Agency shall be compensated in such manner as shall be
approved by the Board and as permitted by applicable law.
ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial
resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may
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appoint a working committee to study the significant program or activity and provide input to the
Board. Substantial resources and significant program or activity shall be defined as any program or
activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the
annual cost of living CPI index. Any new significant program or activity shall require a work plan and a
two-thirds vote of the Members in order to be initiated. When a new significant program is
intentionally designed to be limited in scope, such that it only provides benefits to particular Members,
the Agency may enter into a specific program or project Agreement that includes relevant terms
regarding the particular affected Members, and any such Agreement shall be approved by the Board
prior to or at the same time as formation of the significant program. These limited scope Agreements
shall be subject to approval by the Board by a two-thirds vote of the Members.
ARTICLE 16 - ACCOUNTS AND RECORDS
16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this
Agreement.
16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain
funds and accounts as may be required by good accounting practices and by the Board. Books
and records of the Agency shall be open to and made available for inspection at all reasonable
times upon request by authorized representatives of the Members.
16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts
and disbursements as set forth in the Joint Powers Law.
16.4 Auditor's Report. The Auditor, within one hundred and twenty (120) days after the close of
each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal
Year to the Board.
16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual
Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the
requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and
be provided to each of the Members, and with the County Auditor of the County of Santa Clara.
Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit
shall be borne by the Agency and shall be a charge against any unencumbered funds of the
Agency available for this purpose.
ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY
17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the
Agency's funds. Proceeds of similar obligations of the Agency may be deposited with a trustee,
agent or other depositary and shall not be considered the Agency's funds for purposes of this
Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by
the Board or the Executive Committee to perform that function, subject to the requirements of
Section 17.2 below.
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17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed
by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial
statements and the annual audit of the Agency.
17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the
Secretary/Treasurer, and other persons as the Board may designate, shall have charge of,
handle, and have access to the property of the Agency. The Agency shall secure and pay for a
fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of
Directors, covering any officers or agents of the Agency who are authorized to hold or disburse
funds of the Agency and any officers or agents who are authorized to have charge of, handle
and have access to property of the Agency.
ARTICLE 18 - MEMBER RESPONSIBILITIES
18.1 Each Member shall have the following responsibilities:
18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the
Board, as set forth in Article 8;
18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;
18.1.3 To make contributions in the form of annual membership assessments and fees, if any,
determined by the Board for the purpose of defraying the costs of providing the annual
benefits accruing directly to each party from this Agreement; and
18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status
as a Member, or if a Member fails to be represented at four (4) or more consecutive
regular meetings of the Board of Directors, then that Member may be deemed to be a
suspended Member, with all the rights and duties of an Associate Member, upon action
of the Board of Directors duly adopted. Prior to the suspension, the President shall
contact the Mayor and request that another Council Member be appointed or that
reinstatement for the current Member be requested. The suspension shall be approved
by the Board of Directors. Promptly following that action by the Board of Directors, the
Member may be reinstated by informing the Board of its intent to be reinstated within
thirty (30) days and to attend all future meetings either via the Director or Alternate.
Removal of a Member for failure of the Director to attend meetings shall not relieve the
Member from its obligations under any outstanding agreements relating to the Agency's
financial obligations, except in accordance with this Agreement.
ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a
party as a Member to this Agreement. A city requesting membership shall apply by presenting to the
Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The
date that the applying city will become a Member will be determined by the Board. The Agency shall
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accept new Members upon a majority affirmative vote of the entire Board and upon payment of any
Board determined assessments and fees.
ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred
and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the
Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs
after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws
shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued
through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair
any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of
a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall
cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the
determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws
and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their
responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing
Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its
proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by
the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at
the time of the notice of withdrawal.
ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the
Board, it can remove the Director and request that the Member who appointed the Director appoint a
new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member
based on a Member's breach of any material term of this Agreement, and the failure to cure that
breach within sixty (60) days written notice. A terminated Member shall remain liable for any
obligation under this Agreement as described above. Failure to pay dues within 60 days following
notice shall result in a Member becoming suspended with all the rights of an Associate Member. A
suspended Member shall immediately have its voting rights restored upon full payment of dues.
ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and
obligations of the Members. Any Member may separately contract for, or assume responsibility for,
specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to
limit the applicability of the provisions of Government Code Section 895.6.
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ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are
outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all
assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this
Agreement, be distributed among the parties to this Agreement, in accordance with the respective
contributions of each of the Parties.
ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS
24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall
use ordinary care and reasonable diligence in the exercise of their powers and in the
performance of their duties pursuant to this Agreement. They shall not be individually liable for
any mistake of judgment, or any other action made, taken, or omitted by them in good faith,
nor for any act or omission by any agent, consultant or independent contractor selected with
reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by
them in good faith and with reasonable care through investment of Agency funds, or failure to
invest.
24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any
other Director, Officer, or Committee Member. Unless otherwise required by law, no Director,
Officer, or Committee Member shall be required to give a bond or other security to guarantee
the faithful performance of his or her duties pursuant to this Agreement.
24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for
any Director, Officer, or Committee Member, for their actions taken within the scope of the
Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide
coverage for these types of losses.
24.4 These indemnification and defense obligations shall survive the termination of the Agreement
as to any acts or omissions occurring before such termination.
ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the
Members and their governing bodies, officers, agents and employees from all claims, losses, damages,
costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the
performance of any of the activities of the Agency or the activities undertaken pursuant to this
Agreement.
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ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the
administration and management of the Agency. The provisions of the Bylaws, as modified from time to
time, shall establish the operating procedures and standards for the Agency.
ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by
that Member. Each Member shall provide the Agency with the email and physical address to which
communications are to be sent. Members shall address notices and other communications to the
Agency, at the office address of the Agency, or the email address of the Agency as directed by the
Member and as set forth in the Bylaws.
ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The
Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or
regulation.
ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their
Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the
Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the
Members.
ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of
competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise
rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and
provisions shall not be affected.
ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no
creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any
part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to
the benefit of successors of the Members. This Agreement is intended solely for the benefit of the
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Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any
rights against the Agency or its Members.
ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may,
with the approval of the Board of Directors, become an Associate Member of the Agency by executing
and delivering to the Agency an Associate Membership Agreement and providing an Associate
Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to
representation on the Board of Directors, or to vote on any matter coming before the Board of
Directors or the Agency, unless a separate written agreement is entered into between the Associate
Member and the Agency.
ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably
convenient to achieve the purposes of the Agency.
ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or
conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding
breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or
omission of exercising any right, power, or remedy in the event of a breach or default shall be
construed as a waiver or a variation of any of the terms of this Agreement or any applicable
agreement.
ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not
excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member
shall be entitled to pursue all legal and equitable remedies against another Member in response to any
alleged default under this Agreement. Any and all of the remedies provided to the Members,
hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy
shall not impair the Members to any other remedy.
ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of
any provision of this Agreement.
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ARTICLE 37 - DISPUTE RESOLUTION
37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term,
covenant, or condition of this Agreement ("Dispute") may first, for a period of not less than
thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to
initiation of litigation, or any other binding arbitration or adjudicative dispute resolution
process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each
believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written
position papers stating their position on the Dispute and outlining the subject matter and
substance of the anticipated testimony of persons having personal knowledge of the facts
underlying the Dispute; and (iv) engage and cooperate in such further discovery as the
Members agree or mediator suggests may be necessary to facilitate effective mediation.
37.2 Each Member shall bear its own costs, attorney's fees, and expenses of the mediation. Venue of
the mediation shall be a mutually agreeable city within Santa Clara County, California.
ARTICLE 38 - INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and
Committee Members, including, but not limited to, Directors and Officers liability insurance and
general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will
be necessary to adequately insure against the risks of liability that may be incurred by the Agency.
Insurance under this provision may include an insurance pool program.
ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the
California Secretary of State within thirty (30) days of its effective date, as required by Government
Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by
Government Code Section 53051, as amended.
ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an
exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as
constituting one complete original and may be attached together when executed by the Members
hereto. Facsimile and electronic signatures shall be binding.
ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any
prior written Agreement between the Members on the same topic.
492
CITY OF CAMPBELL
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
-B�iflseligm n n,city Attorney
//zs/2'-( \/zS /z L / � I
Date Date
493
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CITY OF CUPERTINO
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
Christopher Jensen, City Attorney
Jan 17, 2024
Pamela Wu, City Manager
Jan 17, 2024
Date Date
494
CITY OF LOS ALTOS
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
J o�e�Houston, City Attorney Gabrl�Manager
Date Date
495
TOWN OF LOS ALTOS HILLS
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara
County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
Steven Mattas, Town Attorney
1/23/2024 01/24/2024
Date Date
496
G�:�:���
DocuS,gn Envelope ID· 165F1B10-7C5E-415S-997A-FB841A314E07
TOWN OF LOS GATOS
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
Gabrielle W"""fi�e-la_n_,-To_w_n_A-tto-rney
APPROVED: c;�,;��n;::�-�
Katy No'mu-·r-a-, A-ss-i-st_a_n_tT_o_w_n Manager
For Laurel Prevetti, Town Manager
Date Date
497
r
DocuS1gn Envelope 10· 73EEBC76-A511�FEE-668D-5FFAC4B785FB
CITY OF MILPITAS
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
'.:":?"'•wd..
., I.. ---- ,.'
Michael Mutalipassi, City Attorney Ned Thomas, City Manager
Jan-24-2024 Jan-24-2024
Date Date
498
CITY OF MONTE SERENO
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
15? �
���owell, City Attorney
I - -3 0 - Lt'
• Date
499
CITY OF MORGAN HILL
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
- -�-�=,-===----� ...
Donald Larkin, City Attorney
Date Date
500
CITY OF MOUNTAIN VIEW
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
J
\)r-- \7/,;)'-f
Date Date
501
DocuS1gn Envelope ID: D73B8578-9CFF-462E-9814-CB71F926DA7C
CITY OF PALO ALTO
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
r��Sl�_r----
Molly Stump, City Attorney
APPROVED: r::··�:�::.
L\..lo,,,���---- Ed Shikada, City Manager
2/1/2024 1/31/2024
Date Date
502
CITY OF SAN JOSE
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
Kevin Fisher, Assistant City Attorney
Feb 16, 2024
Toni J. Taber, City Clerk
16 February 2024
Date Date
503
1
CITY OF SANTA CLARA
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
I I�0 I 2-'f
Date Date
504
DocuSign Envelope ID: 079DBB93-B099-4823-853E-64615B5BAD0F
CITY OF SARATOGA
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
James Lindsay, City Manager
1/26/2024 1/26/2024
Date Date
505
CITY OF SUNNYVALE
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Powers Agreement establishing the Cities Association of Santa Clara County
Joint Powers Agency
APPROVED AS TO FORM:
� RebeMoon, Interim
City Attorney
Date
APPROVED:
01276.0002 2046032.1
506
APPROVED MAY 9, 2024
BYLAWS
CITIES ASSOCIATION OF SANTA CLARA COUNTY JOINT POWERS AGENCY
ARTICLE I
PURPOSE AND PRINCIPAL PLACE OF BUSINESS
Section 1. Purpose. The following Bylaws provide for the administration and
management of the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
The Agency was established through its member Cities’ adoption and approval of a Joint Powers
Agreement (“Agreement”), attached hereto. The member Cities include Campbell, Cupertino,
Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale. Under Article 26 of the Agreement,
the Board of Directors for the Agency shall adopt these Bylaws to establish the operating
procedures and standards for the Agency. In the event of any conflict between these Bylaws and
the Agreement, the Agreement shall prevail.
Section 2. Principal Place of Business. The principal place of business of this Agency
shall be such place within the County of Santa Clara as may be designated from time to time by
the Board of Directors of this Agency; and if none has been so designated, such place of business
shall be the City Hall of the City of which the Agency President is a member of the legislative
body.
ARTICLE II
MEMBERSHIP
Section 1. Membership. Each City in Santa Clara County which has approved and
executed the Agreement establishing this Agency, and which has paid in full the dues required
under Article VII of these Bylaws shall be a member of this Agency.
Section 2. Suspension. As provided in Article 18.1.4 of the Agreement, if a member
City elects to relinquish its status as a member of the Agency, or if a member City fails to be
represented at four (4) or more consecutive meetings of the Board of Directors, then the Board
of Directors may suspend that member City. As further provided in Article 21, any member City
which is delinquent in payment of its dues shall automatically be deemed suspended from
membership sixty (60) days after the date on which payment is due if the full payment has not
been received, and it shall be the duty of the Secretary/Treasurer to promptly notify the City of
its delinquency. Once suspended, the member City may not have any representation on the
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Board of Directors and may not vote on matters coming before the Board of Directors. A
suspended member City shall be restored to full membership upon its payment of the total dues
assessment then due and payable in accordance with Article VII, Section 2.
Section 3. Associate Members. As provided in Article 32 of the Agreement, a non-City
local agency may become an Associate Member upon application to and approval by the Board
of Directors and execution of an Associate Membership Agreement. Such Associate Members
shall also pay a membership fee as determined by the Board of Directors that considers that
considers the Associate Member’s jurisdictional scope and the number of residents it serves, the
role of the Associate Member in the Agency, and the benefits received by the Associate
Member through membership in the Agency.
ARTICLE III
BOARD OF DIRECTORS
Section 1. Selection and Tenure. In accordance with Section 8.1 of the Agreement,
the Board of Directors of this Agency shall be composed of a representative from each member
City, selected by and from the legislative body thereof. Each Board member shall hold office at
the pleasure of his or her City's legislative body, and selection shall be made in such manner as
the respective legislative bodies of member Cities may themselves determine.
Section 2. Alternates. The legislative body of a member City shall select from among
its members an alternate to represent that City on the Board of Directors and vote in the absence
of the member from that City.
Section 3. Notice of Appointment. The legislative body of each member City shall,
immediately upon the selection of one of its members as a member of Board of Directors, or as
alternate, advise the Secretary/Treasurer of such appointment.
Section 4. Ex Officio Members. The Santa Clara County City Managers Association
shall serve as advisors to the Agency and may appoint one of its members to serve as an ex
officio member of the Board of Directors. The ex officio member may participate in
deliberations but shall not participate in voting or in any of the privileges of membership, and
shall not be counted for the purpose of determining whether a quorum of the Board is present.
Section 5. Compensation. No member of the Board of Directors, including officers,
shall receive any compensation from the Agency for his or her services as a member of the
Board. No member of the Board, including officers, shall be entitled to reimbursement from the
Agency for expenses incurred on Agency business unless such reimbursement shall be authorized
in advance by the Board of Directors, or unless such reimbursement is authorized and distributed
by the member’s respective city.
Section 6. Duties. It is the responsibility of the members of the Board to report to and
solicit comments from their fellow City Council members on major issues and to keep their City
Councils informed on the business of the Agency.
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ARTICLE IV
OFFICERS
Section 1. Officers Designated. In accordance with Article 10 of the Agreement, the
following officers shall be elected by the Board of Directors: President, First Vice President,
Second Vice-President and Secretary/Treasurer. Officers shall be selected by the Board of
Directors, from the Council Members and Mayors of member Cities.
Section 2. Term of Office.
a. The regular term of office for all officers shall commence upon election and shall
be for a period of one (1) year. No person shall hold the same office for more than
two (2) consecutive full terms.
b. Election of officers shall take place at the first meeting of the Board of Directors
and annually thereafter at the regular meeting of the Board of Directors in
November.
c.b. In the event a vacancy occurs during any officer's term of office, the Board of
Directors shall determine whether to fill the unexpired portion of the term and may
request that the President establish a nominating committee, as set forth in Section
6 below. If a vacancy occurs in the position of President, the Board of Directors
shall fill the position at the next regular meeting or at a special meeting called to
fill the vacancy, as provided in Article 10 of the Agreement. A person appointed
to fill the unexpired portion of the term is not rendered ineligible to hold the same
office in accordance with the provisions of Article IV, Section 2(a).
Section 3. Duties.
a. President. It shall be the duty of the President to preside at the meetings of the
Board of Directors and to perform such other duties as ordinarily pertains to the
office of President of like types of organizations.
b. Vice Presidents. It shall be the duty of the First and Second Vice-Presidents, in
that order, to act in the place and stead of the President during the President's
absence or inability to act.
c. Secretary/Treasurer. Consistent with Articles 16 and 17 of the Agreement, the
Secretary/Treasurer shall be responsible for the review of all financial accounts
and records and the disbursal of funds by the Agency so that they are in accordance
with the Agreement, these Bylaws, and the directions of the Board of Directors. In
accordance with Section 9.3 of the Agreement, the Secretary/Treasurer shall see
that minutes of all Board and Committee meetings are recorded. The day-to-day
operation and performance of the Secretary/Treasurer’s duties may be delegated
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to an Executive Director for the Agency, but in that instance, the Executive
Director shall not become an Officer or Board member for the Agency.
Section 4. Executive Director. In accordance with Section 14.1.1 of the Agreement,
the Board of Directors may contract with an independent consultant to serve as Executive Director
until the Executive Director resigns or the Board of Directors terminates the services of the consultant
pursuant to the terms of a written agreement for professional services. The Executive Director shall
have such duties as may be determined by the Board of Directors, consistent with the
professional services agreement.
Section 5. General Counsel. In accordance with Section 14.1.2 of the Agreement, the
Board of Directors may contract with an independent consultant to serve as General Counsel
until the General Counsel resigns or the Board of Directors terminates the services of the
consultant pursuant to the terms of a written agreement for professional services. The General
Counsel shall have such duties as may be determined by the Board of Directors, consistent with
the professional services agreement.
Section 6. Nominating Committee. A nominating committee consisting of three (3)
Board members shall be appointed by the President no later than two (2) meetings before the
meeting at which officers for the following year will be elected. The President shall appoint at
least one (1) Executive Committee member and at least one (1) Board member who is not a
member of the Executive Committee to the nominating committee. At the meeting immediately
preceding the meeting for the election of officers, this nominating committee shall present its
nominations for officers for the following year. Additional nominations may be made from the
floor at the meeting where the election is to be conducted, providing the consent of the nominee
has been secured.
ARTICLE V
MEETINGS
Section 1. Schedule and Locations. Regular meetings of the Board of Directors shall
be held, at a minimum, every other month at a time and location determined by the Board of
Directors . The Board of Directors shall schedule periodic meetings of the general membership,
to include all members of legislative bodies of member Cities.
Section 2. Notice and Meetings. The Agency is a legislative body for purposes of the
Brown Act (Govt. Code 54950 et seq). Notice of the time and place of all regular meetings shall
be given in writing by the Secretary/Treasurer or a designee to all members of the Board at least
three (3) days prior to the meeting. Such notices may be sent by electronic mail. Notice of special
meetings shall be given by the Secretary/Treasurer or a designee to all Board members at least
one (1) day in advance and in the manner required by the Brown Act. The Secretary/Treasurer
or designee shall be responsible for preparing and posting agendas of regular Board meetings at
least 72 hours prior to the meeting and in compliance with the Brown Act.
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Section 3. Quorum. A majority of the members of the Board of Directors shall
constitute a quorum to do business at any such regular or special meeting. Whenever a quorum
is not present, the meeting shall be adjourned or postponed to a subsequent time and place as
determined by the President.
Section 4. Voting. The affirmative vote of a majority of the members of the Board of
Directors present at a meeting, rather than a majority of all of the Board of Directors’ members,
shall be sufficient for approval of a proposed action. Each member City shall have one vote.
Section 5. Rules of Order. Subject to the provisions of these By-Laws, the meetings
of the Board of Directors shall be governed by Rosenberg’s Rules of Order.
ARTICLE VI
COMMITTEES
Section 1. Standing Committees.
a. Executive Committee. The Executive Committee shall act to accomplish, administer
and facilitate the goals and the purposes of the Agency at the direction of the Board of
Directors. As provided in Article 11 of the Agreement, the Executive Committee shall
consist of the officers of the Board of Directors ; including the Immediate Past President,
if still a Council Member or Mayor of a member City. If the Immediate Past President
is no longer a Council Member or Mayor of a member City, a Director at Large may be
appointed to the Executive Committee to fill the vacancy. The Director at Large shall
be a Council Member or Mayor of a member City appointed by the President upon
approval of the Board. The Vice Chair of the Legislative Action Committee shall be
appointed to serve on the Executive Committee in the absence of the Chair of the
Legislative Action Committee.
b. Legislative Action Committee. The membership of the Legislative Action Committee
shall consist of one representative from each member City. The representative shall be a
Council Member or the Mayor. Each City shall also appoint an alternate to serve on the
Legislative Action Committee in the absence of the designated representative. The
alternate shall be a Council Member or the Mayor. Each member City, represented by
either the representative or the alternate, shall have one vote. The representative of a
member City who serves on the Board of Directors (or alternate to the Board) may also
serve as the member City’s representative to the Legislative Action Committee (or
alternate to the Committee). The purpose of the Legislative Action Committee is
threefold. First, the Committee would enable the Agency to advocate on issues of interest
to Santa Clara County cities in an organized, effective manner and assist in the
development of state-wide legislative policy through local and state government and
CalCities. With respect to this advocacy and policy development, the Committee will
submit its recommendations to the Board of Directors. If the Board accepts a
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recommendation, the Chair of the Committee will transmit the Agency’s position to the
appropriate official, committee, or policy-making body. Second, the Committee would
provide basic legislative information to cities with little or no legislative staff, upon
request. Third, the Chair of the Committee and the Board President may organize
emergency responses to urgent legislative issues, consistent with prior decisions made
by the Board of Directors.
c. City Selection Committee. The City Selection Committee shall have the membership
and purposes set forth in Government Code sections 50270-50279.4 and shall be
governed by the requirements of such sections. In accordance with state law, the
membership of the City Selection Committee shall consist of the Mayor of each City in
the County, whether or not any such City is a member of the Agency. When the Mayor
is unable to attend a meeting of the City Selection Committee, the Mayor shall designate
another member of the city’s legislative body to attend and vote at the meeting as the
Mayor’s representative. Eight (8) votes are required to appoint representatives to boards,
commissions or agencies.
Section 2. Other Committees Authorized.
a. A nominating committee will be appointed as required and in accordance with
the provisions of Article IV.
b. The President, with the consent and approval of the Board of Directors, may
appoint such committees as may be necessary from time to time, and designate
the chair and the purpose of each such committee. Subject to the Board of
Directors’ consent and approval, any elected official of any member City shall be
eligible to serve upon any such committee.
Section 3. Quorum. A majority of the members of each committee shall constitute a
quorum to do business at any such regular or special meeting. Whenever a quorum is not present,
the meeting shall be adjourned or postponed to a subsequent time and place as determined by
the Chair.
ARTICLE VII
FINANCES
Section 1. Budget. In accordance with Article 8.3.5 of the Agreement, on or before
April 30 of each calendar year, the Board of Directors shall approve a budget for the Agency for
the fiscal year commencing with July 1 of the same calendar year. A copy of the budget when
approved and a copy of the final budget when adopted shall be transmitted to each member City.
Section 2. Significant Programs. In accordance with Article 15 of the Agreement, any
program or activity that requires $10,000 or more (as adjusted by CPI) in annual expenditures
shall require approval by a two-thirds vote of the members of the Board of Directors. Any
components of the annual operating budget proposed pursuant to Article VII, Section 1 that
qualify as a significant program shall be subject to this two-thirds vote approval requirement,
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whether those significant programs are proposed as a part of the annual operating budget or as
a subsequent, mid-year budget adjustment.
Section 3. Dues. Each Member City shall pay to this Agency annual membership fees
in accordance with a dues schedule adopted by the Board of Directors as part of the annual
operating budget on or before April 30 of each year. Dues shall be for the fiscal year commencing
July 1 and shall be an amount for each member City based upon the approved annual operating
budget. The full amount shall be due and payable on or before July 1 of each year. Any City
becoming a member of this Agency during a fiscal year shall pay the full dues for that year prior
to exercising any rights of membership.
Section 4. Funds. All funds received by the Agency from the membership or any other
source shall be deposited in a financial institution or institutions determined by the
Secretary/Treasurer and disbursed only by persons designated by the Board of Directors as
signers on the account including the Executive Director, the Secretary/Treasurer, and the
President.
Section 5. Accounting. In accordance with Article 16 of the Agreement, every year, an
audit of the Agency’s finances shall be completed and copies thereof shall be filed with the Board
of Directors and the County Auditor for Santa Clara County. Upon request, a complete written
account of all receipts and disbursements during the previous year, showing the opening and
closing balances shall be prepared by the Secretary/Treasurer or a designee. Copies thereof shall
be made available to the Board of Directors. On a quarterly basis, bank and reconciliation
statements shall be reviewed and approved by the Secretary/Treasurer. Quarterly reports of
accounting and investments shall be prepared and made available to the Board of Directors by
the Secretary/Treasurer or a designee.
ARTICLE VIII
ADOPTION AND AMENDMENTS
Section 1. Adoption. These Bylaws shall become effective upon the affirmative vote of
a majority of the Board of Directors present and voting.
Section 2. Amendments. These Bylaws may be amended only in the following manner:
Proposed amendments shall be submitted in writing to the Board of Directors for approval, and if
approved, shall thereafter be submitted in writing to each member City of the Agency at least
thirty (30) days before action thereon is required by the membership. An affirmative vote of the
majority of the Board of Directors present and voting shall be required for approval.
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CITY OF CUPERTINO
Agenda Item
25-14207 Agenda Date: 10/7/2025
Agenda #: 18.
Subject: City Manager Report
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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Wednesday, October 1, 2025
A Message from the City Manager
Hello Neighbors,
October is a special month in Cupertino as we approach our City’s 70th
anniversary of incorporation, with events continuing throughout the fall. I hope
you’ll join us at highlights such as Cupertino Restaurant Week, the “My
Cupertino” Art Showcase, and the Community Service Awards, where we will
recognize Commissioners and this year’s CREST Award honorees.
In this issue, you’ll find updates on community programs, safety reminders, and
ways to get involved, along with upcoming events like Diwali, Cybersecurity
Awareness, and Active Transportation Workshop. Find recaps of recent activities,
from Bike Fest to Coastal Cleanup Day, and see what’s been happening in the
community!
Thank you for staying connected and engaged. Read the rest of the newsletter
at cupertino.gov/cmnewsletter.
Warm Regards,
Tina Kapoor
Interim City Manager
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CITY OF CUPERTINO
Agenda Item
24-13578 Agenda Date: 10/7/2025
Agenda #: 19.
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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CITY COUNCILMEMBER REPORT
Meeting: Tuesday, October 7, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 8/1/25 to 8/31/25
● Last Activity Report in the September 16, 2025 Council Meeting Agenda
Section 1: Announcement - Message from the Mayor:
❖ Mayor’s Initiatives and other updates:
➢ Cupertino Stories: You are welcome to email entries to CupertinoStories@gmail.com.
■ Thank you to Cupertino Science Technology University (CSTU) for managing the project.
They have developed tools to convert audio/video stories to text.
■ The website will be redesigned soon to accept story submissions.
❖ Monthly Chat with Mayor Community Meetings: These meetings will be generally held on the
second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will
rotate so that we cover different businesses each month.
❖ Process to Request Certificate of Recognition or Commendation:
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➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s
Office has implemented a dedicated process.
➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a
certificate of recognition: https://cupertino.gov/councilmeetingrequest
❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former
Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations
during Council meetings. My goal is to honor those who have made consistent and/or significant
contributions to Cupertino, with an emphasis on those who are less well-known. If you have any
suggestions, please feel free to email me at LChao@Cupertino.gov.
Proclamations for contributions will generally be presented at the second Council meeting of each month,
while the first meeting will continue to recognize special observances (e.g., awareness months or weeks) as
before. You are also welcome to submit suggestions for these recognitions.
Section 2: Committee Assignment
2025-08-27 attended the West Valley Mayors and City Managers Meeting
2025-08-27 attended the Santa Clara County Recycle and Waste Reduction Committee meeting
Section 3: Activities by Date (Date, Title, and Description):
NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and
complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City
Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have
attended almost every year in the past. Instead, I focus more of my time on constituent services.
2025-08-06 Cupertino Bell Ringing for the World Peace, hosted by the Cupertino-Toyokawa Sister
Cities Association at Memorial Park
- The 6th annual Community Bell Ringing for the World Peace event is attended by community
members and members from the 4 sister cities and students who participated in the exchange
student program.
- Toyokawa is closed to the sites of atomic bombs which ended the World War II and we remember
the civilian victims of the war and call for peace.
2025-08-06 Interview with Homestead FBLA on community engagement
- From the invitation: “For this academic year, we are considering focusing our project towards
sustainability and technology challenges. However, we are still in the planning process and are
open to any new ideas or challenges faced by people and businesses that high schoolers can
address. We are contacting you in hopes to receive your input on our ideas and gain some
insights into the community’s needs.”
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2025-08-8 interview with El Estoque magazine of Monta Vista High School on the Mary Ave.
low-income housing project
2025-08-09 Attended the Silicon Valley Youth Climate Summit at Campbell Heritage Theatre
- The summit was well attended by many teenagers. The invited speakers come from nonprofits
and industry and also knowledgeable teenagers.
2025-08-09 India Independence Day Parade by Association of Indo Americans (AIA) at the Discovery
Meadow Park and brought a Cupertino City flag to display on the car
- The parade route goes from downtown San Jose to the Discovery Museum, where there was a
flag raising ceremony for India Independence Day.
2025-10-13 visited the San Jose Conservation Corps + Charter School in San Jose
- They have a charter school to give those who didn’t finish high school to complete the missing
classes and get the high school diploma. They also provide paid on-the-job training for students
and corp members to work on conservation or construction jobs.
- They have a food pantry on site for the students and corp members and they have built tiny
homes on site for the students.
2025-08-12 participated in the Smart City Panel as a panelist at the Create the Future Summit in San
Francisco
- Attended sessions on various topics for the future of work and artificial intelligence.
2025-08-15 India Independence Day Flag Raising at the Cupertino Civic Plaza, by the
Cupertino-Bhubaneswar Sister City Committee
2025-08-16 attended the Grand Opening of Dharma Drum Mountain Silicon Valley Center in
Cupertino
2025-08-16 attended the West Coast Asian Foodie Festival and Expo at the San Mateo Event Center,
hosted by O.M.G. Entertainment, in collaboration with the Peninsula Economic Alliance
- There are food booths from various cultures outside and many booths indoor with free tasting,
including vendors who have just gotten adopted by Costco or are just entering the U.S. market.
2025-08-16 attended the Night Market at the De Anza College - organized by the Cupertino Chamber
of Commerce
- There were performances around 3pm when the distinguished guests were introduced. There
were not many booths from vendors in the afternoon yet.
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2025-08-16 attended the Sri Krishna Janmashtami Festival in Milpitas, by the India Heritage
Foundation
2025-08-17 attended the HOG Parade at Fremont and brought a Cupertino City flag to display on the
car
2025-08-17 attended the graduation ceremony of the 10-week volleyball summer program by the
Tianmu Valleyball program
- The instructors were high school students and attendees are K-8 students
2025-08-22 attended Art Exhibition by the Friends of Children with Special Needs (FCSN) in their
headquarter in Fremont
- Impressive art work and sculpture by children and adults with special needs.
2025-08-23 attended Kids Fun Festival (KFF) at Memorial Park, hosted by Taiwanese Culture and
Sports Association (TCSA)
- The 15th Annual Kids Fun Festival is one of the largest family-friendly festival in the Bay Area.
This year welcomes 130 booths, including an international village with booths from multiple
countries. This year added the “Dream Big Village” to inspire children to explore future careers
through interactive exhibits.
2025-08-23 attended a meeting with Garden Gate neighborhood, regarding their concerns about the
Mary Avenue project
- The meeting was well attended and residents were frustrated that they did not know about the
project when it was first proposed. They feel Mary Ave already has a lot of activities, from the
Memorial Park and even high school running clubs. The reduction of parking spaces is a big
concern since the area already feel congested to them.
2025-08-23 attended the Musical Afternoon - Harmony with Heart by Balaji Seva Foundation in San
Jose
2025-08-24 attended the speech from Inner Health to Outer Beauty, hosted by the Taiwanese Chamber
of Commerce at the Jade Tea Garden in Cupertino
- The dining hall was jam packed with attendees for the event.
2025-08-28 attended Sunnyvale Leadership 40th Anniversary event in Sunnyvale Community Center
- It was great to see that the organization started by a former Sunnyvale Mayor continued going
strong after 40 years. The 10-month long program costs $1,500 with monthly meetings.
2025-08-29 visited the Hanover Winchester apartment next to the Winchester Mystery House
2025-08-29 attended the 92th Anniversary of Filipino Community Center in San Jose
- A couple of Filipino community members had the foresight to purchase the land and build the
community center 92 years ago.
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2025-08-30 attended the Hebei Business Forum by the Hebei Chamber of Commerce at the Blackberry
Farm picnic site
2025-08-31 attended the Indian Tech Icon Award Ceremony, hosted by Women Innovators in Tech
(WIT), at the Santa Clara University
- The Indian Tech Icon Awards is a global initiative recognizing the outstanding achievements of
Indian-origin professionals in the technology sector.
Section 4: Information of Interest to My Constituents: (updated on 4/8)
● Builders’ Remedy (BR) Projects (Status of Projects)
★ BR Projects with incomplete application status (pursuant to Government Code Section 65941.1.)
● 20739 Scofield (one block from Faria Elementary School, zoned R1-10): The
project will replace one single-family home with 20-unit, 5 story,
condominium on 15,004 sqft (0.34 acre) lot
● Vista Heights (near entrance of Linda Vista Park) : The vacant site, zoned
RHS, will build 33 units (8 condominiums and 25 single family homes on
vacant hillside property of 86.1 acres.
● Upland Way (11841 Upland Way, zoned RHS-70): 6 single family homes,
including 2 affordable units, on vacant hillside property of 1.56 acres with
average slopes greater than 30%
★ Other active BR projects:
○ Dividend Homes (20085 & 20111 Stevens Creek Blvd), to the east of the Fire Station, on
2.6 acres, zoned R4 and commercial mixed use. The project will replace two existing office
buildings with 57 for-sale townhomes., including 12 affordable units.
○ Dividend Homes (20045 & 20065 Stevens Creek Blvd), to the east of the Fire Station, on
1.77 acres, zoned commercial mixed use. The project will replace existing office buildings
with 32 for-sale townhomes., including 6 affordable units.
★ Relevant News on the determination of incompleteness for BR projects:
○ “Los Gatos Files Declaratory Relief Action to Resolve Land Use Uncertainty” (Press
Release from the City of Los Gatos)
■ “That section [Gov. Code 65941.1] provides that applicants for land use approvals
have 90 days after an initial 180-day deadline to submit any missing information
needed to complete a formal application for a so-called “builder’s remedy”
housing project. That section further stipulates that if the missing information is
not submitted “within the 90-day period, then the preliminary application shall
expire and have no further force or effect.”
■ “In an apparently conflicting reading, in letters dated August 30, 2024 and
February 12, 2025, the California Department of Housing and Community
Development (HCD) stated its view that there is not just one 90-day period but
that successive 90-day periods can run indefinitely. By filing this lawsuit, the
Town is acting in good faith so that it will know how to comply with the law and
ensure it can continue to serve its residents and property owners, while lawfully
processing land use applications.”
★ Other docs:
○ The July 25, 2024 info memo, titled “Scofield Drive SB330 Preliminary Application
pursuant to Builder’s Remedy”, has information about proposed BR projects and their
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review process.
● Other Residential Projects - complete applications submitted, not yet approved:
○ Pizza Hut/Staples/ Fontana's (20770, 20830, 20840, & 20850 Stevens Creek Blvd). adjacent to the
Cupertino Crossroads Shopping Center ): on 2.97 acres, zoned commercial mixed use. The project
will replace existing retail stores with 59 townhome condominium units across eight, three-story
buildings
○ United Furniture (10065 & 10075 Stevens Creek Blvd, across from Vallco), on 2.72 acres, zoned
commercial mixed use. The project will replace existing retail stores with 55 townhome
condominium units, with 10 ADUs, three-story buildings
○ Stevens Office Center (20813, 20823, 20883 and 20807 Stevens Creek Blvd), on 6.93 acres, zoned
commercial mixed use. The project will replace two office buildings and one retail building with
122 for-sale units (66 small-lot single family and 56 townhomes), including 24 affordable units
○ 20865 McClellan Rd: on 0.99 acres, zoned R3TH. The project will replace one single-family home
with 27 townhomes, including 4 affordable units, in three-story buildings
○ Evulich Court (10857, 10867, 10877 & 10887 Linda Vista Dr): on 2.53 acres, zoned R3TH. The project
will replace 4 single-family homes with 51 townhomes, including 11 affordable units
● Other Residential Projects - SB 330 preliminary application submitted, but not complete
applications:
○ Wolfe Road Housing Project (10333 N. Wolfe Road): 250-300 total units across the 5-acre
property. It will be 100% rental apartments. The affordable housing will benefit those making 80%
or less of the area median income (AMI).
■ a full report on our Listening Phase at this link.
■ February 12 Community Co-Creation Event at Collins Elementary School
● Other Residential Projects - Revision of already approved projects:
○ Westport Senior Assisted Living Housing (revision submitted): The developer Related has
submitted a revision to add more units, reduce retail space, remove the underground garage and
request a waiver of Parkland dedication Fee. It is going to the Planning Commission in May
■ Previous approval in 2021 and 2024: Westport (21267 Stevens Creek Blvd)
○ Marina Plaza (10145 N. De Anza Blvd, 10118 Bandley Dr.), on 5.1 acres, zoned commercial and
mixed use: The project will add more units, slightly reduce retail space, deliver over smaller
for-sale starter homes under 1500 sq. ft. and an outdoor amphitheater.
■ Previous approval in 2022L Marina Plaza.
● License Plate Reader Camera - City-operated or personal ones
★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program
(Resolution 24-094) in order to alert the police when a license plate with previous record is
detected. Some cameras are placed at major roads entering Cupertnio.
★ The residents or businesses can connect your home or business surveillance camera with the Santa
Clara County Sheriff's Office. The registration form is at the bottom of this page.
Section 5: Information Access Useful to My Constituents (not updated):
1. Public Comments Webpage and Email
A new page has been added to the City’s website on how to submit public comments for Council
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meetings. It explains the process for submitting written comments on City Council agenda and
nonagenda
items. A dedicated email address, PublicComment@Cupertino.gov, was created for members
of the public to send in their comments. This email address is also posted on City Council
agendas.
The intent of using this dedicated email is to ensure comments are efficiently routed and
tracked. Emails sent to this address are automatically distributed to the City Council, City
Manager, Deputy City Manager, and City Clerk, and an autoresponder confirms receipt. This
process is especially helpful during periods of high public input.
Comment Submission Guidelines:
2. Information Memo posted on the City website:
City Council Informational Memos are now available on the City website. The information can be
accessed from the City website at cupertino.org/memos and the City Council page. You can also
find the page by entering search terms “info memos” at the top of the website.
★ Anyone may use the eNotification signup to receive informational memo updates by
email.
★ The info memos are now hosted in the digital archive as all other city records.
★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download
& Print”. The downloaded PDF will appear in a new tab for viewing.
○ This does not work on Safari browser on an iPhone.
★ To copy and paste text, you must open it as PDF and then copy & paste from there.
New memos posted, since last report:
● No new info memos published since February 28
● Recordings of Commission Meetings:
Starting in June, commission meetings will be recorded for viewing later, although no
teleconferencing to allow remote participation.
- Find the recordings here under each commission.
4. How to Search an agenda item:
A community member showed me a way to search for items on the past city meetings:
● Go to this page: https://cupertino.legistar.com/Calendar.aspx
○ Make sure that “Calendar” is selected from the top row of tabs and the “List View”
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is selected from the bottom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “All
Years”
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1
CITY COUNCILMEMBER REPORT
Meeting: October 7, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 9/9/25 to 9/29/25
Item Date, Title, and Description:
Event 1. September 10, 2025 – Silicon Valley Clean Energy (SVCE) Board Meeting– I
participated in the SVCE Board meeting in my capacity as Cupertino’s representative on this
JPA’s Board of Directors. Meeting materials are available on the SVCE website here.
Event 2. September 11, 2025 – CASCC Legislative Action Committee (LAC) Meeting – I
chaired the LAC Meeting of the Cities Association of Santa Clara County JPA in my capacity as
the organization’s Second Vice-President. The LAC voted to recommend that the Board adopt
support positions on all of the following pieces of legislation: SB 346 (allowing cities to collect
specific information on short-term rentals to better administer local hotel taxes), and AB 476
(clamping down on metal theft), as well as AB 670 and its companion bill AB 726 (allowing
cities to count certain types of housing rehabilitated or converted to deed-restricted affordable
housing in their Annual Progress Reports documenting progress toward meeting Regional
Housing Needs Allocation (RHNA) targets). I stayed for the subsequent Board meeting to
present the outcome of the LAC meeting. The Board adopted the positions recommended by
the LAC. Meeting materials are available on the CASCC website here.
Event 3. September 13, 2025 – Silicon Valley Fall Fest – I attended the annual Fall Fest—a 40-
year tradition put on by the Cupertino Rotary Club in Memorial Park. The event was well-
attended lively.
Event 4. September 22, 2025 – Meeting with the Interim City Manager – I attended a meeting
with Interim City Manager Kapoor to discuss upcoming agenda items and items of interest to
residents.
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City Council Councilmember Report
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Event 5. September 24, 2025 – Cupertino Chamber of Commerce Speaker Series – I attended
the second event in the Chamber’s speaker series, this time featuring Dr. Alonso Vera
discussing NASA and its efforts to return to the moon and continue on from there to Mars.
Event 6. September 25, 2025 – CASCC Executive Committee Meeting – I attended the
Executive Committee meeting of the Cities Association of Santa Clara County JPA in my
capacity as the organization’s Second Vice-President. We discussed the logistics of the
upcoming October Board and LAC meeting, as well as the nomination process for selecting
next year’s Executive Committee. The October LAC meeting will be cancelled for anticipated
lack of quorum based on the presence of the majority of the LAC members in Long Beach for
the League of Cities conference. Meeting materials are available on the CASCC website here.
Event 7. September 25, 2025 – Cupertino Chamber of Commerce Small Business BBQ Mixer –
I attended this Chamber of Commerce mixer to meet small business owners in Cupertino and
help assess their needs in building stronger business in the city.
Event 8. September 26, 2025 – Assemblymember Patrick Ahrens’ “Grill & Govern” Fall BBQ
Mixer – I attended and briefly spoke at this community informational and social event put on
by Assemblymember Patrick Ahrens at Santa Clara Central Park. The event was exceptionally
well attended.
Event 9. September 29, 2025 – Tour of Re-Opened Whole Foods Market – Store management
kindly took me on a tour of the newly renovated Whole Foods Market on the day that it
reopened. The refresh appears to have been well received and the store was very busy despite a
lack wide publication of the reopening.
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1
CITY COUNCILMEMBER REPORT
Meeting: October 7, 2025
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 9/9/25 to 9/29/25
Item Date, Title, and Description:
9/9/25: Met with representatives of the library district who updated me on plans for the
various new initiatives at city libraries, including Storybook playspace.
9/10/25: Along with members of the Rotary, I visited all the city parks and streets where artistic.
bike racks have been installed. This is a public-private initiative developed by the Rotary in
partnership with the City. The bike racks are intended to beautify our public spaces and
provide a convenient and safe place to lock up bikes. Locations include Memorial Park,
McClellan Ranch, the Library field, and Wilson Park.
9/18/25: At the request of the CEO of the Silicon Valley Central Chamber of
Commerce, I, along with the City’s Economic Development Manager met to hear
plans to create opportunities that benefit Bay Area Cities during the 2026 Games. I
suggested that the Chamber make a presentation to the newly formed Economic
Development Committee with the intention of involving the City in the
celebrations pertaining to the Superbowl and World Cup Soccer.
9/22/25: Along with Interim City Manager Kapoor, I met with a group of residents
in the Mary Ave neighborhood. We listened to the group’s objections to the Mary
Ave project, explained the rationale behind the City’s position, and updated them
on actions that the City is taking to fully understand and possibly mitigate the
impact to the community. This includes a traffic study which focuses on parking
and bike/pedestrian lanes, increasing cross walks where necessary and enhancing
signage to better direct vehicular traffic to areas outside of May Ave.
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1
CITY COUNCILMEMBER REPORT
Meeting: October 7, 2025
Reporting Councilmember: Vice Mayor Kitty Moore
Report Dates: 9/9/25 to 9/29/25
Item Date, Title, and Description:
September 11, 2025. Santa Clara Valley Transportation Agency Policy Advisory
Committee meeting. VTA Headquarters. Agenda packet:
https://santaclaravta.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=4267&Inline=Tr
ue Item 8 included an opportunity to apply for TFCA funding. This could help
supplement the SV Hopper program. Item 10 included recommending approval of
funding for Homestead improvements for Safe Routes to School, however that will
need supplemental funding. Because the borders are variable along Homestead I
have separately requested that the funding percentages be prorated according to
potential costs. Meeting slides from a separate Homestead Safe Routes to School
meeting which have more specifics on the project are here:
https://www.vta.org/projects/documents?project=1534431#docaccess-
50e3e85342e7f74ff508792f452baa6e4c29ccf046244eb03b0dbce73048fba1 and the 35%
plan is here: https://www.vta.org/sites/default/files/2024-
05/Homestead%20Road%20SRTS%20Concept%20Layout%20%28Draft%2035%25%
20Design%29%20-%20Compressed%20Web%20Compatible.pdf VTA landing page
on the project is here: https://www.vta.org/projects/homestead-safe-routes-school
September 11, 2025. Santa Clara County Cities Association Legislative Action
Committee meeting. Sunnyvale City Hall. Meeting agenda packet here:
https://citiesassociation.org/meetings/legislative-action-committee-meeting-
september-11-2025/#/tab-agenda-packet
September 11, 2025. Santa Clara County Cities Association Board of Directors
Meeting. Sunnyvale City Hall. Agenda packet here:
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City Council Vice Mayor Moore Report
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https://citiesassociation.org/meetings/board-of-directors-meeting-september-11-
2025/#/tab-agenda-packet
September 12, 2025. Stevens Creek Corridor Steering Committee. San Jose City
Hall. This meeting went over the Stevens Creek Corridor Vision Study prior to the
item coming to Cupertino City Council for direction.
San Jose’s webpage for the project: https://www.sanjoseca.gov/your-
government/departments-offices/transportation/transportation-planning/stevens-
creek-boulevard-corridor-vision-study
Cupertino’s webpage for the project: https://www.cupertino.gov/Your-
City/Departments/Public-Works/Transportation-Mobility/Transportation-Plans-
Studies/Stevens-Creek-Boulevard-Corridor-Vision-Study
September 15, 2025. Special Meeting of the Cupertino City Council. Commission
Interviews for Housing Commission and Economic Development Committee. All
openings were filled.
September 16, 2025. Regular Meeting Closed and Open Session, Cupertino City
Council.
September 17, 2025. Audit Committee Ad hoc Subcommittee on Budget Format.
This is an ongoing project to bring a more accessible and pleasing format to the
community which in turn may increase public engagement.
September 20, 2025. Coastal Cleanup Day at Wilson Park entrance to Regnart
Creek. This year there was a lot more plastic trash in the creeks than in past
cleanups. Please volunteer for these rewarding creek cleanups to keep our creeks
and the bay clean.
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City Council Vice Mayor Moore Report
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September 22, 2025. Staff Meeting with Mayor.
September 25, 2025. WildFire Summit. Stanford University. Hosted by Supervisor
Abe-Koga. This summit discussed the health impacts of wildfires, insurance issues,
new wildfire severity maps, vegetation clearance requirments, and home resilience
retrofitting. Marin County’s tax measure was discussed. There is a possibility that a
JPA for regional fire safety may be explored by the Supervisor at some time in the
future.
September 25, 2025. ILG webinar on CEQA impacts from AB 130 and SB 131.
September 27, 2025. Cupertino Fall Bike Fest at Civic Center Plaza. This was a very
well-attended event! The 10 mile Tour of Cupertino was particularly great this year
with Black Mountain Composite cyclists leading the tour and providing safety
instruction and tips as we headed to the new Jollyman All-inclusive Playground,
Memorial Park, through the new protected bike lanes at Lawson Middle School, to
Lawrence Mitty Park which has approved funding and is finalizing design for a
naturalistic park, and back through the Regnart Creek Trail to finish the tour.
Mayor Chao and Supervisor Abe-Koga made speeches for this popular event.
Thank you to Staff and many, many volunteers for another awesome Fall Bike-Fest!
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City Council Vice Mayor Moore Report
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September 29, 2025. Staff Meeting with Mayor.
September 29, 2025. Whole Foods Cupertino
Re-opening Tour with Staff. Whole Foods has
made many improvements to their refreshed
store which is open and busy as ever!
September 29, 2025. Meeting with Staff RE Art
in Lieu of Fee upcoming agenda item.
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CITY OF CUPERTINO
Agenda Item
25-14087 Agenda Date: 10/7/2025
Agenda #: 20.
Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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Upcoming Draft Agenda Items
CITY OF CUPERTINO
City Council
Monday, October 13, 2025
Study SessionStudy Session
25-14318 Subject: Study session on Santa Clara County healthcare cost and funding
and impact of federal funding
Closed Session
25-14341 Subject: Public Employee Appointment Consideration; California
Government Code Sections 54954.5(e) and 54957(b)(1); Title: City Manager
Action Calendar
25-14320 Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City
Council Subcommittee recommendation regarding Measure A
Presentations
25-14329 Subject: Legislative Updates from California State Senator Josh Becker and
California State Assemblymember Patrick Ahrens
Tuesday, October 21, 2025
Study SessionStudy Session
25-14241 Subject: Study session on Municipal Code Amendments to Municipal
Code Chapters 19.148 (Required Artwork in Public and Private
Developments) and addition of a City Council Art-in-lieu fee policy.
Environmental Recommendation: Categorical Exemption. File No.:
MCA-2025-003 Applicant: City of Cupertino; Location: Citywide (heard
last, after action calendar)
Ceremonial Items
25-14214 Subject: Recognition of the years of service for the Cupertino Rotary Club
25-14215 Subject: Recognition of the years of service for Cupertino Lions Club
25-14351 Subject: Recognition of Monta Vista High School students for earning 8th
place in the 2025 Science Olympiad National Tournament
25-14352 Subject: Recognition of October as Domestic Violence Awareness Month
Consent Calendar
25-14337 Subject: Adopt a resolution increasing the employer's contribution for
medical and hospitalization insurance consistent with the Public
Employees’ Medical and Hospital Care Act (“PEMHCA” or the “Act”) for
retired annuitants hired with the City of Cupertino prior to August 2004
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Wednesday, October 01, 2025
25-14369 Subject: Second reading and enactment of Municipal Code Amendments
for consistency with Senate Bill 450 and minor text edits, amending
multiple chapters of the Municipal Code. (Application No.:
MCA-2024-004; Applicant: City of Cupertino; Location: Citywide)
25-14231 Subject: Business license renewal procedure update and establishment of
an amnesty period for outstanding renewals
24-13598 Subject: Approval of October 7, 2025 City Council minutes
25-13709 Subject: Approval of a Resolution ratifying Accounts Payable for week
ending ___
Future Agenda Items
25-14088 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-14162 Subject: Introduction of Amendments to Municipal Code Section 2.88.100
Duties-Powers-Responsibilities of the Audit Committee
Councilmember Reports
24-13579 Subject: Councilmember Reports
City Manager Report
25-14208 Subject: City Manager Report
Tuesday, November 4, 2025
Study SessionStudy Session
24-13288 Subject: Update on regional studies and plans to assist the unhoused;
Update on other current and proposed efforts to address homelessness;
Study Session on Unhoused Services and Programs.
25-14156 Subject: An update on the development of the Active Transportation Plan,
including a summary of Phase 1 activities and an overview of what to
expect during Phase 2
Ceremonial Items
25-13644 Subject: Recognition of November 29, 2025 as Small Business Saturday
Consent Calendar
25-13654 Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal
Year (FY) 2025-2026
24-13599 Subject: Approval of October 21, 2025 City Council minutes
25-14239 Subject: Award a contract to XXX for Blackberry Farm Golf Course
Maintenance Services for a total not to exceed amount of $XXX.
25-14287 Subject: Fiscal Year 2024-25 Bhubaneswar Sister City Reimbursement
25-14368 Subject: Approval of procedures for issuing proclamations and
certificates
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Wednesday, October 01, 2025
25-14213 Subject: Approval of an agreement to replace Cupertino’s HR and
Financial Enterprise Resource Planning (ERP) system (IT - Teri Gerhardt)
25-14330 Subject: Second Reading Ordinance No. 25-XXX - Audit Committee
Powers and Functions - placeholder
Public Hearings
25-14149 Subject: Amendment to FY 25-26 Fee Schedule to establish fee for
ministerial two lot Urban Lot Splits
25-14150 Subject: Amendment to Title 16, Buildings and Construction, of the
Cupertino Municipal Code adopting the California Buildings Standards
Code and Fire Code and making local exceptions as mandated by the
State of California.
Future Agenda Items
25-14089 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-14181 Subject: A Resolution rescinding Resolution 24-022 and amending the
resolution establishing rules governing recruitment, attendance,
appointments, and vacancies on City advisory bodies, pertaining to
nepotism
25-14143 Subject: Introduce an ordinance for Municipal Code Amendments to add
a new section relating to filming and permits
25-14299 Subject: Revisions to the Commissioners Handbook pursuant to updates
in the City Council Procedures Manual
Councilmember Reports
24-13580 Subject: Councilmember Reports
City Manager Report
25-14209 Subject: City Manager Report
Presentations
25-14307 Subject: Presentation from Hsinchu Sister City delegation regarding
recent student exchange
25-14251 Subject: Emergency Operations Center (EOC) Operational Overview
presentation (10 min) (Jim Frawley and Ken Ericksen)
25-14147 Subject: Presentation from Toyokawa Sister City delegation regarding
recent student exchange
25-14148 Subject: Presentation from Bhubaneswar Sister City delegation regarding
recent student exchange
Tuesday, November 18, 2025
Consent CalendarConsent Calendar
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Wednesday, October 01, 2025
25-14144 Subject: Second reading and adoption of an ordinance for Municipal
Code Amendments to add a new section relating to filming and permits
25-14099 Subject: Adopt a maximum rate schedule for Rate Period Six (RP 6) for
Recology to provide recycling, organics, and solid waste collection,
recycling and organics processing services, and transport for disposal as
calculated using the allowed and approved methodology in the Franchise
Agreement (Attachment A)
25-14151 Subject: Second reading and enactment of Municipal Code Amendments
to Cupertino Municipal Code Chapter 16 (Building Code) to Adopt the
2025 California Title 24 Building Standards with Local Amendments
24-13600 Subject: Approval of November 4, 2025 City Council minutes
25-13710 Subject: Approval of a Resolution ratifying Accounts Payable for week
ending ___
25-14323 Subject: Microsoft Enterprise Software Licensing Agreement with Dell,
utilizing Riverside County’s statewide competitively awarded Microsoft
Enterprise Agreement for licensing of Microsoft programs, systems, and
databases for a total amount not to exceed $xx, including a 10%
contingency in the amount $xxx, for a 3-year term beginning from January
1, 2026, to December 31, 2028
Public Hearings
25-14354 Subject: Municipal Code Amendments to Municipal Code Chapters
19.148 (Required Artwork in Public and Private Developments) and
addition of a City Council Art-in-lieu fee policy.
Environmental Recommendation: Categorical Exemption. File No.:
MCA-2025-003 Applicant: City of Cupertino; Location: Citywide
25-14200 Subject: Appeal of fee determination made by the City Collector for
Business License renewal; public hearing pursuant to Cupertino
Municipal Code (CMC) Section 5.04.480(C); Appellant: Annie Lee;
Business: Lee's Sandwiches; Business Address: 20363 Steven Creek Blvd,
Cupertino, CA 95014 (Postponed from September 3, 2025)
Future Agenda Items
25-14090 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-14271 Subject: Capital Improvement Programs City Hall Improvements project
City Manager Report
25-14210 Subject: City Manager Report
Tuesday, December 2, 2025
Ceremonial ItemsCeremonial Items
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Wednesday, October 01, 2025
25-14183 Subject: Recognition of City Manager's Office in line with the League of
California Cities' City Manager Awards
Consent Calendar
25-14201 Subject: Accept Federal grant funding and award design professional
services agreement to XXXXXXXX for a total-not-to-exceed contract
amount of $XXX,XXX for the McClellan Road Bridge Reconstruction
Project.
24-13601 Subject: Approval of November 18, 2025 City Council minutes
Future Agenda Items
25-14091 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-14125 Subject: Introduce first reading of an ordinance to make minor and
technical corrections to the Cupertino Municipal Code as follows:
amending (Title 5 Business Licenses and Regulations, Chapter 5.04
Administration, Section 5.04.480 Appeal Procedure) and (Title 11 Streets
and Vehicles, Chapter 11.28 Miscellaneous Parking Regulations, Sections
11.28.010 Definitions and 11.28.050 Sale of Merchandise)
Councilmember Reports
24-13581 Subject: Councilmember Reports
City Manager Report
25-14211 Subject: City Manager Report
Thursday, December 11, 2025
Election of Mayor and Vice MayorElection of Mayor and Vice Mayor
25-14100 Subject: a. Councilmembers elect Mayor
b. Councilmembers elect Vice Mayor
c. Mayor and Vice Mayor Oath of Office
Tuesday, December 16, 2025
Consent CalendarConsent Calendar
25-14128 Subject: Second reading and enactment of an ordinance to make minor
and technical corrections to the Cupertino Municipal Code as follows:
amending (Title 5 Business Licenses and Regulations, Chapter 5.04
Administration, Section 5.04.480 Appeal Procedure) and (Title 11 Streets
and Vehicles, Chapter 11.28 Miscellaneous Parking Regulations, Sections
11.28.010 Definitions and 11.28.050 Sale of Merchandise)
24-13602 Subject: Approval of December 2, 2025 City Council minutes
25-13711 Subject: Approval of a Resolution ratifying Accounts Payable for week
ending ___
25-14309 Subject: Approve Council 2026 Committee Assignments
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Wednesday, October 01, 2025
25-14310 Subject: Approve 2026 Council Calendar
Future Agenda Items
25-14092 Subject: Upcoming Draft Agenda Items Report
Councilmember Reports
24-13582 Subject: Councilmember Reports
City Manager Report
25-14212 Subject: City Manager Report
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