HomeMy WebLinkAboutCC 11-04-2025 Searchable PacketTuesday, November 4, 2025
5:30 PM
CITY OF CUPERTINO
Non-Televised Closed Session (5:30) 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): The W Hotel,
3940 S Las Vegas Blvd W, Las Vegas, NV 89119
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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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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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_NlCPB9zrTDKkrAvbcOXi2g
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: 826 7902 8784
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.
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C. Via an H.323/SIP room system:
Join from an H.323/SIP room system:
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 826 7902 8784
SIP: 82679028784@zoomcrc.com
ROLL CALL - 5:30 PM
10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Gov.
Code 54953(b)(2): The W Hotel, 3940 S Las Vegas Blvd W, Las Vegas, NV 89119
CLOSED SESSION
1.Subject: Public Employee Appointment Consideration; California Government Code
Sections 54954.5(e) and 54957(b)(1); Title: City Manager
2.Subject: Conference with Legal Counsel - Anticipated Litigation; California
Government Code Sections 54954.5(c) and 54956.9(e)(1); (2 cases)
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): The W Hotel, 3940 S Las Vegas Blvd W, Las Vegas, NV 89119
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
PRESENTATIONS
3.Subject: Presentation from Toyokawa Sister City delegation regarding recent student
exchange
Recommended Action: Receive presentation from Toyokawa Sister City delegation
regarding recent student exchange
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4.Subject: Presentation from Hsinchu Sister City delegation regarding recent student
exchange
Recommended Action: Receive presentation from Hsinchu Sister City delegation
regarding recent student exchange
5.Subject: Presentation from Santa Clara Valley Water Valley District on recent updates
from the District
Recommended Action: Receive presentation from Santa Clara Valley Water District
POSTPONEMENTS AND ORDERS OF THE DAY
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 6-10)
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
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.
6.Subject: Approval of October 13, 2025 City Council meeting minutes
Recommended Action: Approve the October 13, 2025 City Council meeting minutes
A - Draft Minutes
7.Subject: Approval of October 21, 2025 City Council Special Meeting minutes
Approve the October 21, 2025 City Council Special Meeting
minutes
A - Draft Minutes
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8.Subject: Approval of October 21, 2025 City Council minutes
Recommended Action: Approve the October 21, 2025 City Council minutes
A - Draft Minutes
9.Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY)
2024-2025
Recommended Action: Adopt Resolution No. 25-090 entitled “A Resolution of the City
of Cupertino City Council approving the Annual and Five-Year Mitigation Fee Report
for Fiscal Year ending June 30, 2025" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending
June 30, 2025, as required by Government Code Section 66000 et seq.
Staff Report
A - Annual & Five-Year Report for FY 2025
B - Draft Resolution
10.Subject: Award a contract to Professional Turf Management for maintenance services
at Blackberry Farm Golf Course for a total not-to-exceed amount of $750,000 and
approve a budget modification in the amount of $125,000.
Recommended Action: 1. Award a three-year contract to Professional Turf
Management to provide maintenance services at Blackberry Farm Golf Course in the
amount not to exceed $250,000 per year, totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf
Management when all conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at
an annual amount not to exceed $250,000, for a five-year total not-to-exceed $1,250,000,
provided pricing and services remain acceptable; and
4. Adopt Resolution No. 25-091, approving budget modification #2526-415, increasing
appropriations by $125,000 in the Blackberry Farm Golf Course Fund funded from the
Enterprise Fund.
Staff Report
A - Draft Resolution
B - Draft Agreement
C - Request for Proposal
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.
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11.Subject: Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings
and Construction, of the Cupertino Municipal Code adopting the California Buildings
Standards Code and Fire Code, for consistency with Assembly Bill 130 and making
local exceptions as mandated by the State of California
Recommended Action: 1. Introduce and conduct the first reading of Ordinance No. 25
-2278: “An Ordinance of the City Council of the City of Cupertino Amending Chapters
16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68
and 16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building,
Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire,
Historical Building Code, Fire, Existing Building Code, Green Building Standards Code,
Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code
with certain exceptions, deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 25-092 making factual findings with respect to the local
geological, topographical, and climatic conditions necessary to make local amendments
to the California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of
Regulations Sections 15061(b)(3) and 15308.
Staff Report
A – Draft Ordinance (Redline)
B – Draft Ordinance (Clean)
C – Draft Resolution
ACTION CALENDAR
12.Subject: Introduce Ordinance No. 25-2279: “An Ordinance of the City Council of the
City of Cupertino Amending City Code Title Five (Business Licenses and Regulations)
to Establish Chapter 5.51 to Regulate Film Production.”
Recommended Action: Conduct the first reading of Ordinance No. 25-2279: “An
Ordinance of the City Council of the City of Cupertino Amending City Code Title Five
(Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film
Production.”
Staff Report
A - Draft Ordinance
STUDY SESSION
13.Subject: 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
Recommended Action: Receive an update on the development of the Active
Transportation Plan and provide feedback on the draft project prioritization criteria
Staff Report
A - Draft Project Prioritization Criteria
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ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
14.Subject: City Manager Report
A - Report
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
15.Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
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.
16.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.
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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,
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
Subject: Public Employee Appointment Consideration; California Government Code Sections
54954.5(e) and 54957(b)(1); Title: City Manager
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Agenda Item
Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Code
Sections 54954.5(c) and 54956.9(e)(1); (2 cases)
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Agenda Item
Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange
Receive presentation from Toyokawa Sister City delegation regarding recent student exchange
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CITY OF CUPERTINO
Agenda Item
Subject: Presentation from Hsinchu Sister City delegation regarding recent student exchange
Receive presentation from Hsinchu Sister City delegation regarding recent student exchange
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Agenda Item
Subject: Presentation from Santa Clara Valley Water Valley District on recent updates from the
District
Receive presentation from Santa Clara Valley Water District
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CITY OF CUPERTINO
Agenda Item
Subject: Approval of October 13, 2025 City Council meeting minutes
Approve the October 13, 2025 City Council meeting minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, October 13, 2025
SPECIAL MEETING
At 6:09 p.m., Mayor Liang Chao called the Special City Council Meeting to order in City Hall
Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014; and Teleconference Location
Pursuant to Gov. Code 54953(b)(2): The Venetian Hotel, 3355 S Las Vegas Blvd, Las Vegas, NV
89109.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang (participated remotely). Absent: None.
In open session prior to closed session, Mayor Chao opened the public comment period
regarding any item on the agenda. No members of the public requested to s peak and Mayor
Chao closed the public comment period.
CLOSED SESSION
1.Subject: Public Employee Appointment Consideration; California Government Code
Sections 54954.5(e) and 54957(b)(1); Title: City Manager
Council considered Public Employee Appointment of City Manager.
2.Subject:Conference with Legal Counsel - Anticipated Litigation; California
Government Code Sections 54956.9(d)(2) and 54954.4(c): (1 case)
Council met with Legal Counsel on the Anticipated Litigation.
At 6:44 p.m., Mayor Chao recessed the meeting.
OPEN SESSION
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At 5:51 p.m., Mayor Chao reconvened the Special 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; and Teleconference Location Pursuant to Gov. Code 54953(b)(2):
The Venetian Hotel, 3355 S Las Vegas Blvd, Las Vegas, NV 89109.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang (participated remotely). Absent: None.
POSTPONEMENTS AND ORDERS OF THE DAY – None
STUDY SESSION
3. Subject: Legislative Updates from California State Senator Josh Becker and California
State Assemblymember Patrick Ahrens
Recommended Action: Receive a summary and updates on work during the 2025
California legislative session from the following representatives:
A. California State Senator Josh Becker, 13th Senate District
B. California State Assemblymember Patrick Ahrens, 26th Assembly District
Written communications for this item included and presentation and written legislative
updates from Assemblymember Patrick Ahrens.
Senator Josh Becker and Assemblymember Patrick Ahrens provided a summary and
updates on work during the 2025 California legislative session.
Senator Becker discussed:
State budget challenges, including the shift from surplus to deficit and uncertainty
over federal impacts.
Immigration and community safety, focusing on ICE activity and protections for
schools and hospitals.
Energy and climate initiatives, including cap-and-trade updates, partnerships,
and climate credits.
Wildfire prevention and utility reform, addressing funding, infrastructure, and
CalFire capacity.
Insurance affordability and efforts to stabilize the homeowners’ market.
Housing and economic development, emphasizing clean energy and in-state
investment.
Healthcare access and legislation improving prior-authorization rules.
Collaboration with local governments and regional partners on key priorities.
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Environmental resilience through wildfire detection and prevention efforts.
Continued legislative oversight on long-term fiscal and environmental goals.
Assemblymember Ahrens discussed;
Legislative committees and innovation policy, including work on artificial
intelligence.
Economic context and the importance of Silicon Valley’s technology sector.
Housing affordability and cost of living concerns across the district.
State budget investments supporting food banks, housing, and education.
Public safety and education legislation, including truancy and foster youth
reforms.
Community and cultural initiatives such as the Diwali state holiday and senior
meal programs.
Ongoing work on mobile home protections, water conservation, and youth labor
laws.
Constituent services and outreach through district offices and internship
programs.
Future priorities focused on housing, foster youth, technology, education, and
affordability.
Overview of the legislative process and partnership with local governments.
Work on streamlining housing, clean energy projects, and supporting economic
development and innovation in California.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following members of the public
spoke.
Jennifer Griffin
Planning Commissioner San Rao (representing self)
Mayor Chao closed the public comment period.
Council received the summary of legislative updates from California State Senator Josh
Becker and California State Assemblymember Patrick Ahrens.
ACTION CALENDAR
4. Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council
Subcommittee recommendation regarding Measure A: Measure A would authorize a
retail transactions and use tax (sales tax) of 0.625% (five-eighths of one percent) in Santa
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Clara County for a limited period of five (5) years. Measure A states that it is being
proposed to address significant federal funding cuts created by the congressional
enactment of H.R. 1 on July 4, 2025. H.R. 1 cut federal support for public service,
including substantial reductions for Medicaid (known as Medi-Cal in California) and the
Supplemental Nutrition Assistance Program (SNAP) (known as CalFresh in California).
(Continued from September 16, 2025)
Recommended Action: Accept the Ad-Hoc LRC City Council Subcommittee
recommendation to oppose Measure A and authorize the Mayor to send position letter
(Attachment B) to the State and County
Written communications for this item included emails to the Council.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following members of the public
spoke.
Michael Elliott, representing Valley Health Foundation
Steve Baron
Dennis Low
Vivian Low
Jean Bedord
Ava Chiao
Allan Kamara
Neil Park McClintick
Planning Commissioner San Rao (representing self)
Cassandra Magana, representing West Valley Community Services
Mayor Chao closed the public comment period.
SUBSTITUTE MOTION: Fruen moved and Mohan seconded a substitute motion to take
no position on Measure A. The substitute motion failed with the following vote: Ayes:
Fruen and Mohan. Noes: Chao, Moore, and Wang. Abstain: None. Absent: None.
MOTION: Moore moved and Wang seconded to accept the Ad-Hoc LRC City Council
Subcommittee recommendation to oppose Measure A and authorize the Mayor to send
position letter to the State and County.
FRIENDLY AMENDMENT: Chao made a friendly amendment to add the following
statement to the draft letter:
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Many cities are also facing budget deficits right now. I’ve (Mayor Chao) spoken to
several city councilmembers and mayors, and many of them are considering similar
measures. Several are projecting continued deficits over the next few years and are
exploring potential sales tax measures to address them. This Measure could prevent
cities from enacting their own local sales tax, parcel tax, or other revenue tax
measures, because the voters are already overburdened by taxes. The county has
opted into a transit measure that will appear on the 2026 ballot, which would add
another half percent to the sales tax, meaning another sales tax increase next year.
Moore and Wang accepted the friendly amendment.
FRIENDLY AMENDMENT: Moore made a friendly amendment to modify the language
as follows:
This Measure could prevent cities from be an impediment to cities enacting their own
local sales tax, parcel tax, or other revenue tax measures, because the voters are
already overburdened by taxes.
Wang accepted the friendly amendment.
FRIENDLY AMENDMENT: Chao made a friendly amendment to add the following
statement:
Also, the upcoming VTA tax measure (SB 63) is another potential future tax that
should be mentioned, since the County supervisors have already opted into it.
Moore and Wang accepted the friendly amendment.
The amended motion passed with the following vote: Ayes: Chao, Moore, and Wang.
Noes: Fruen and Mohan. Abstain: None. Absent: None.
ADJOURNMENT
At 9:21 p.m., Mayor Chao adjourned the Special City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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Agenda Item
Subject: Approval of October 21, 2025 City Council Special Meeting minutes
Approve the October 21, 2025 City Council Special Meeting minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 21, 2025
SPECIAL MEETING
At 6:02 p.m., Mayor Liang Chao called the Special 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, and
Sheila Mohan. Absent: R “Ray” Wang.
In open session prior to closed session, Mayor Chao opened the public comment period
regarding any items on the agenda. No members of the public requested to speak and Mayor
Chao closed the public comment period.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation; California
Government Codes Sections 54956.9(d)(2) and 54954.5(c): one claim.
Council met with legal counsel regarding the anticipated litigation.
ADJOURNMENT
At 6:26 p.m., Mayor Chao adjourned the Special City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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Agenda Item
Subject: Approval of October 21, 2025 City Council minutes
Approve the October 21, 2025 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 21, 2025
At 6:45 p.m., Mayor Chao called the Regular City Council Meeting to order 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. Absent: R “Ray” Wang.
CLOSED SESSION REPORT
City Attorney Floy Andrews reported on the actions taken during the closed session held at
6:00 p.m. City Attorney Andrews reported that there was no reportable action.
CEREMONIAL ITEMS
1. Subject: Recognition of October as Domestic Violence Awareness Month
Recommended Action: Present proclamation to Maitri in conjunction with October as
Domestic Violence Awareness Month
Neeti Kataruka, Maitri Client Advocate, provided comments and received the
proclamation.
Mayor Chao presented the proclamation to Maitri in conjunction with October as
Domestic Violence Awareness Month.
2. Subject: Recognition of the years of service for the Cupertino Rotary Club
Recommended Action: Recognize the years of service for the Cupertino Rotary Club
Written communications for this item included a presentation.
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Kathy Yates, Cupertino Rotary Club President, gave a presentation and received the
proclamation.
Mayor Chao presented the proclamation recognizing the years of service for the
Cupertino Rotary Club.
3. Subject: Recognition of the years of service for Cupertino Lions Club
Recommended Action: Recognize the years of service for Cupertino Lions Club
Written communications for this item included a supplemental report.
Correction noted: An error was identified in the name of the organization listed on the
agenda. The correct name is Cupertino De Anza Lions Club. The Cupertino Lions Club
is a separate organization.
John Smith, Cupertino De Anza Lions Club Director, provided comments and received
the proclamation.
Mayor Chao presented the proclamation recognizing the years of service for the
Cupertino De Anza Lions Club.
4. Subject: Recognition of Monta Vista High School students for earning 8th place in the
2025 Science Olympiad National Tournament
Recommended Action: Present certificates of appreciation to Monta Vista High School
students for earning 8th place in the 2025 Science Olympiad National Tournament
Julie Choi, Monta Vista High School Science Olympiad Team Coach, provided comments
and received the certificates on behalf of the students.
Mayor Chao presented the certificates of appreciation to Monta Vista High School
students for earning 8th place in the 2025 Science Olympiad National Tournament.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Shaun Fong discussed the Mary Avenue Villas project.
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A resident discussed the Mary Avenue Villas project.
Luthern Williams discussed the Tessellations School organization and activities.
Colonel John Swensson and Dennis Whittaker discussed the upcoming Veterans Day ceremony
at the Cupertino Veterans Memorial.
Marabat Bai Murzawa discussed Tessellation School’s conditional use permit.
Michael Chu discussed the Mary Avenue Villas project.
Jenny discussed a property-related code enforcement matter with the City.
Belinda Hantout discussed homelessness and housing shelter options.
Planning Commissioner San R (representing self) discussed code enforcement, oversized vehicle
parking regulations, and the Vision Zero Task Force.
CONSENT CALENDAR (Items 5-12)
MOTION: Chao moved and Moore seconded to remove Item 12 from the Consent Calendar and
place after the Consent Calendar for consideration. The motion passed with the following vote:
Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang.
Mayor Chao opened the public comment period and the following member of the public spoke.
Planning Commissioner San R (representing self) (Item 9)
Nori (Item 8)
Jean Bedord (Item 6)
Mayor Chao closed the public comment period.
MOTION: Fruen moved and Mohan seconded to adopt Consent Calendar Items 5-11 as
presented. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Mohan.
Noes: None. Abstain: None. Absent: Wang.
5. Subject: Approval of October 7, 2025 City Council meeting minutes
Recommended Action: Approve the October 7, 2025 City Council meeting minutes
6. Subject: Ratifying Accounts Payable for the periods ending September 12, 2025 and
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September 26, 2025
Recommended Action: A. Adopt Resolution No. 25-085 ratifying Accounts Payable for
the Period ending September 12, 2025; and
B. Adopt Resolution No. 25-086 ratifying Accounts Payable for the Period ending
September 26, 2025
Written communications for this item included emails to the Council.
7. 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.
Recommended Action: Adopt Resolution No. 25-087 increasing the employer's
contribution for medical and hospitalization insurance for retired annuitants hired with
the City of Cupertino prior to August 2004.
8. Subject: Second reading and enactment of Municipal Code amendments, 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 second reading and enact 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. Find that the proposed action is exempt from CEQA.
9. 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)
Recommended Action: That the City Council:
1. Conduct the second reading and enact 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.
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10. Subject: Receive the Monthly Treasurer's Report for September 2025
Recommended Action: Receive the Monthly Treasurer's Report for September 2025
11. Subject: Receive the Monthly Treasurer's Investment Report for September 2025
Recommended Action: Receive the Monthly Treasurer's Investment Report for
September 2025
ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Subject: Approve the July 1, 2025, through June 30, 2028, Memorandum of
Understanding setting the salary and terms and conditions of employment for the
Cupertino City Employees’ Association (CEA)/IFPTE Local 21.
Recommended Action: 1. Adopt Resolution 25-088 amending the Memorandum of
Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE
Local 21 based on the attached tentative agreements; and
2. Approve the corresponding Salary Schedule for CEA employees effective July 12,
2025; and
3. Adopt Resolution 25-089 to approve budget modification 2526-413 increasing
appropriations by $605,061 ensuring that there are sufficient budget appropriations to
cover the costs associated with the negotiated contracts.
Written communications for this item included emails to the Council.
This item was removed from the Consent Calendar for consideration.
Interim City Manager Tina Kapoor provided a statement.
Councilmembers asked questions and made comments.
Special Labor Counsel Christopher Boucher of Boucher Law responded to questions.
Mayor Chao opened the public comment period and the following members of the public
spoke.
Planning Commissioner San Rao (representing self)
Rhoda Fry
Mayor Chao closed the public comment period.
MOTION: Moore moved and Fruen seconded to:
1. Adopt Resolution 25-088 amending the Memorandum of Understanding (MOU) for
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the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the
attached tentative agreements; and
2. Approve the corresponding Salary Schedule for CEA employees effective July 12,
2025; and
3. Adopt Resolution 25-089 to approve budget modification 2526-413 increasing
appropriations by $605,061 ensuring that there are sufficient budget appropriations
to cover the costs associated with the negotiated contracts.
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes:
None. Abstain: None. Absent: Wang.
PUBLIC HEARINGS – None
ACTION CALENDAR - None
STUDY SESSION
13. Subject: Study session to review the Arts & Culture Commission’s recommendation to
the Municipal Code standards for art in public and private development, including the
standards in the Municipal Code and developing an Art-in-lieu fee policy. (Application
No. MCA-2025-003; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: Conduct the study session and provide feedback to Staff.
Written communications for this item included a staff presentation, a presentation from
the Arts and Commission Chair, a desk item report with staff responses to
councilmember questions, emails to the Council, and a written communication from
Councilmember Wang.
Assistant Director of Community Development Luke Connolly and Senior Planner Gian
Martire gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following member of the public
spoke.
Arts and Culture Commission Chair Kiran V. Rohra, representing the Arts and Culture
Commission
Patrick Kwok
Jean Bedord
Planning Commissioner Steven Scharf (representing self)
Planning Commissioner San Rao (representing self)
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Rhoda Fry
Mayor Chao closed the public comment period.
Councilmembers provided the following comments.
Council conducted the study session and requested staff follow up on the following
items:
Bring this item back for another City Council study session.
Provide information on whether a separate art fund exists and how it is managed.
Clarify how the Arts and Culture Commission can be involved earlier in the
development review process without delaying projects.
Prepare a summary of the Arts and Culture Commission’s duties under the
Municipal Code and report on how those duties have been met or could be further
addressed.
Identify ways to promote new art installations and showcase existing pieces.
Update the City’s art tour and website to include recent additions and provide
accessible options such as a foldable map for residents without the app.
Include De Anza College art installations as part of the City’s broader public art
inventory and collaboration efforts.
ADJOURNMENT
At 10:29 p.m., Mayor Chao adjourned the Regular City Council Meeting per rule. There was no
further discussion on the remaining agenda items.
CITY MANAGER REPORT
14. 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
15. Subject: Councilmember Reports
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Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
The Council did not hear this item.
16. 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
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CITY OF CUPERTINO
Agenda Item
Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY) 2024-2025
Adopt Resolution No. 25-090 entitled “A Resolution of the City of Cupertino City Council approving
the Annual and Five-Year Mitigation Fee Report for Fiscal Year ending June 30, 2025" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2025, as
required by Government Code Section 66000 et seq.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: November 4, 2025
Subject
Mitigation Fee Act – the Annual & Five-Year Report for Fiscal Year (FY) 2024-2025.
Recommended Action
Adopt Resolution No. 25-xxxx entitled “A Resolution of the City of Cupertino City
Council approving the Annual and Five-Year Mitigation Fee Report for Fiscal Year ending
June 30, 2025” to:
1)Make the required findings; and
2) Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year
ending June 30, 2025, as required by Government Code Section 66000 et seq.
Background
This action is an annual requirement established by state law for cities that collect
mitigation fees. The Mitigation Fee Act (Government Code Section 66000 et seq.) requires
public agencies to account for and make findings when imposing mitigation fees as a
condition of development approval. Government Code Section 66006(b) also requires that
public agencies annually review and make available to the public a report accounting for
mitigation fees held by the agency. Additional reporting is required at least every five
years pursuant to Government Code Section 66001(d).
Reasons for Recommendation and Available Options There are several mitigation fees
that the City of Cupertino has required as a condition of development approval in lieu of
requiring construction of certain public improvements. These fees are subject to annual
and five-year reporting requirements. Mitigation fees are based on a development’s fair
share of a larger public improvement project. This reporting excludes fees that are not
subject to reporting requirements under Government Code Section 66000 et seq., except
for parkland dedication fees which are subject to the Quimby Act and not the Mitigation
Fee Act. The City reports on parkland dedication fees to provide further transparency on
funds collected. Furthermore, although the master storm drain fee has been considered a
maintenance fee in prior years, the City Attorney’s Office suggested the fee be included
in the report to provide further transparency on funds collected. The City has also
included reporting on the art in-lieu fees. Generally, art in-lieu fees are imposed under the
City’s police power to regulate development and are not considered impact fees for
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purposes of the Mitigation Fee Act. However, the City has included reporting on the art
in-lieu fees to provide consistency and clarity.
Pursuant to Section 66006(b), the City is required to make available to the public the
following information concerning mitigation fees each fiscal year:
• A brief description of the type of fee in the account or fund.
• Amount of the fee.
• Beginning and ending balances of the account or fund.
• The amount of fees collected, and interest earned.
• Identification of each public improvement on which fees were expended and the
amount of the expenditures on each improvement, including the total percentage
of the cost of the public improvement that was funded with in-lieu fees.
• Identification of an approximate date by which the construction of the public
improvement will commence, if the local agency determines that sufficient funds
have been collected to complete the public improvement and the public
improvement remains incomplete.
• A description of each inter-fund transfer or loan made from the account or fund,
including the public improvement on which the transferred or loaned fees will be
expended. In the case of an interfund loan, the date on which the loan will be
repaid, and the rate of interest that the account or fund will receive on the loan.
• The amount of any refunds made pursuant to Government Code section 66001(e)
and any allocations made pursuant to Government Code section 66001(f).
Under Section 66001(d), the City also must make certain findings regarding unfinished
improvements every five years following the first deposit of mitigation fees into a fund.
The City must identify the purpose for which the fee was expended and demonstrate a
reasonable relationship between the fee and the purpose for which it was used. The City
also must identify all sources and amounts of funding anticipated to complete the
financing of incomplete improvements and to designate approximate dates when this
funding is expected to be deposited into the account. Fees received through a
development agreement are exempt from the five-year report.
FY 2024-25 Report
The attached report includes the annual report for the fiscal year ending June 30, 2025,
and a five-year report for all fees. Since the City provided a five-year report last fiscal year,
a new five-year report is not required. However, because the five-year report provides
additional detail, the City annually provides such data to better inform the public.
The following provides a brief overview of the updates made to this year’s report:
All projects have been updated to reflect FY 2024-25 information.
Art In-Lieu Fee: All funds were transferred in FY 2023-24 (from the General Fund
to the Capital Improvement Program Capital Projects Fund) for the artwork
related to the Jollyman All-Inclusive Playground Project. The information for this
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fee has not been removed from this report to ensure art in-lieu funds collected in
the future are included in ongoing reporting.
De Anza/McClellan/Pacifica Signal Modification: The project was removed from
this report as all funds were expended in FY 2023-24 (reflecting a $0 balance in last
year’s report) and used for the project.
Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements: The project was
added to this report after a developer contribution was made in FY 2024-25.
The Mitigation Fee Act stipulates a 15-day public review period for the annual report. The
FY 2024-25 annual report was made available to the public on the City’s webpage
(https://www.cupertino.org/our-city/departments/finance/budget-reports) on October 20,
2025. A public hearing is not required for this item; therefore, no additional noticing in
advance of the Council meeting is required.
By adopting the resolution to make the required findings and approve the FY 2024-25
Report, the City is meeting the requirements under the Mitigation Fee Act. By not
approving the resolution, the in-lieu funds may be in jeopardy of needing to be returned
to the developers.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Not applicable. Accepting the Annual and Five-Year Reports does not have any impact
on the City’s budget.
City Work Program (CWP) Item/Description
None
Council Goal
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Annual & Five-Year Report for FY 2025
B – Draft Resolution
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City of Cupertino
AB 1600 ‐ Mitigation Fee Act
Annual & Five Year Report for the fiscal year ending June 30, 2025
Dept.: Community Development
Project: Below Market Rate (BMR) Housing Mitigation Fee
Local Authority:
Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of
Cupertino has collected BMR mitigation fees from commercial and residential developments
since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council
adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA)
– Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs-
Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis – which collectively
form the City’s Nexus Study justifying the current residential and non-residential Housing
Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential
and non-residential (office, research and development, industrial, hotel, retail and commercial)
Housing Mitigation Fees. On May 19, 2020, the City Council adopted Resolution 20-056, which
increased the Housing Mitigation Fees for hotels and for offices to levels lower than the
maximum amount needed to fully mitigate the burdens created by new development on the need
for affordable housing as determined in the KMA Reports, based in part on an Economic
Feasibility Analysis prepared by Strategic Economics concluding that increased fees would be
feasible. On April 21, 2020, the City Council adopted Resolution 20-037, amending the BMR
Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses
based in part on a report from KMA dated January 2020 and entitled “Supplement to the Non-
Residential Jobs-Housing Nexus Study” evaluating the impact of self-storage and warehouse land
uses on demand for affordable housing in the City and determining the maximum amount of a fee
needed to fully mitigate the burdens on affordable housing created by these types of development.
On July 2, 2024, the City Council adopted Resolution No. 24-067 to amend the Housing
Mitigation Manual in accordance with implementation of the 2023-2031 Housing Element.
Specifically, this was done to enact Strategy HE 2.3.3, which requires projects with five or more
new units to provide units, and projects with four or fewer new units to pay an in-lieu of BMR
unit fee. The fiscal year 2024-25 BMR Housing Mitigation Fee amounts are being reported
below.
Five Year Reporting & Findings Requirement:
1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable
housing as a result of new residential and non-residential development within the City of
Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth
in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing
Mitigation Fee schedule is as follows:
Residential (per sq. ft.) -
Detached Single Family Residence $21.87
Small Lot Single Family Residence or Townhome $24.05
Multi-Family Attached Townhome or Condo $29.15
Multi-Family Rental Apartment (1 to 35 du/ac) $29.15
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Multi-Family Rental Apartment (over 35 du/ac) $36.44
Non-Residential (Per sq.ft.) –
Office, Research & Development, or Industrial $34.55
Hotel $17.28
Self-Storage, employee unit provided $0.65
Self-Storage, employee unit not provided $1.36
Warehouse $48.00
Commercial or Retail $14.58
BMR Housing Mitigation Fees were used to fund staff and administrative time, BMR housing
placement services and data management, rental mediation, and contract services.
The fees in the BMR Fund include funds paid to the City as conditions of development
agreements. When applicable, these fees are included in the tables below; however, there is no
requirement to prepare a five-year report regarding fees obtained through a development
agreement.
2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for
which the fee was charged. The need for the BMR Housing Mitigation fees, as they were
identified when the fee was enacted, remains. See, Strategic Economics December 16, 2019
Economic Feasibility Study of Inclusionary Requirements.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Below
Market Rate
Housing
Mitigation
fee
$526,600,000 $9,605,415 100% Additional
Developer
Contributions
State and
Federal tax
credits, loans
As projects
develop/
redevelop
Ongoing Ongoing
* Based on RHNA allocation and affordability gaps estimated in the nexus study: Very-low income units (1,193) x
$241,000/unit = $287.5 million. Low income units (687) x $213,000/unit = $146.3 million. Moderate income units
(755) x $123,000/unit = $92.8 million. Total = $526.6 million.
The 2023-31 RHNA numbers are as follows: 1,193 very low-income units, 687 low-income units, 755 moderate-
income units, and 1,953 above moderate-income units.
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Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
7/1/2024 *$134,561
Expended
($13,621)
($282,829)
($0)
($51,635)
($583,274)
Housing data management
Other materials and special project costs
balance at
* Transactions posted to prior FYs not captured in previous reports (largely BMR housing loans and mark-
to-market adjustments)
** FY25 audited beginning balance after ACFR finalized
*** Includes funds collected by Development Agreement
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Dept.: Public Works
Project: Park Dedication In-Lieu Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 13.08 and Chapter 14.05
Five Year Reporting & Findings Requirement:
1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor
recreational area for new residential development within the City of Cupertino. The requirements
for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter
13.08 and Chapter 14.05, and the fee was adopted under the provisions of the Mitigation Fee Act.
The Parkland Dedication Fee is based on the fair market value of land within the City of
Cupertino. Land values are appraised annually, and the Park Dedication Fees are updated
accordingly. Park Dedication Fees are used to fund parkland acquisitions and improvements to
park and recreational facilities.
The fees in the Park Dedication table below include funds paid to the City as a condition of
development agreements. Although these fees are included in the tables below, there is no
requirement to prepare a five-year report regarding fees obtained through a development
agreement. In addition, this table includes adopted fees imposed as a condition of development.
2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the
fee is charged, as additional parkland and facilities are needed to offset the increase in population
that additional residential units impact. The need for the Park Dedication fees, as they were
identified when the fee was enacted, remains, as the City’s current park area per resident does not
yet meet the park acreage standard in the Park Dedication Fee.
3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication
are identified below:
• Developer Fair-Share Contributions from all projects that add residences.
4. The approximate dates on which the funding for the needed park acquisition and improvements is
expected to be deposited into the appropriate account are identified in the Five-Year Report on
the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Lawrence-
Mitty Park fully funded
Winter 2020 Spring
2015
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Annual Report
Amount of Fee: Based on Fair-Market Value of land, through land appraisal
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
7/1/2024 *$7,698
(see below for
full project
($0)
($0)
Lawrence-Mitty Park
Memorial Park Pond Repurposing
Jollyman Park All-Inclusive Playground
Balance at
* Transactions posted to prior FYs not captured in previous reports
** FY25 audited beginning balance after ACFR finalized
*** Unused project funds returned in parkland in-lieu fee account
Total Unaudited Balance $20,927,461
Total Reserved Balance $6,263,919
Unreserved Balance $14,663,542
Lawrence Mitty Park Reservation $8,270,994
Memorial Park Pond Repurposing
Reservation
$3,000,000
*to be returned to the unreserved balance
Jollyman Park All-Inclusive
Playground Reservation
$500,000
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Dept.: Public Works
Project: Transportation Impact Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 14.02
Five Year Reporting & Findings Requirement:
1. The purpose of the Transportation Impact Fee is to help mitigate the impact to the City’s existing
transportation infrastructure due to new development, additions to existing structures or changes
in use within the City of Cupertino. The requirements for applicability to the Transportation
Impacts Fees are set forth in the City’s Municipal Code, Chapter 14.02, and the fee was adopted
under the provisions of the Mitigation Fee Act. The Transportation Impact Fee is based on the
Transportation Impact Fee Nexus Study. Transportation Impact Fees are used to fund capital
improvements to the City’s transportation infrastructure.
2. A reasonable relationship exists between the Transportation Impact Fee and the purpose for
which the fee is charged, as additional transportation infrastructure is needed to offset the
increased demand that new development, additions to existing structures and changes in use
create on the roadway network. The need for the Traffic Impact fees, as identified in the Nexus
Study remain, as the infrastructure improvements have not yet been constructed.
3. The sources and amounts of funding anticipated to complete the financing of the Transportation
Impact Fee are identified below:
• Developer Fair-Share Contributions from all projects that create new vehicle trips.
4. The approximate dates, on which the funding for the needed transportation impact improvements
is expected to be deposited, are identified in the Five-Year Report on the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Amounts of
Funding
Anticipated to
Complete the
Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Projects in the
Transportation
Impact Fee
Nexus Study
Developer
Contributions,
State and
Federal grants,
General Fund
Fall 2024 Winter
2019
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Annual Report
Amount of Fee: Based on Transportation Impact Fee Nexus Study
FY2024-25
Trust
Fund Fiscal Year Purpose of Expenditure
Balance at
7/1/2024 *$403
Subtotal
0
Balance at
* Transactions posted to prior FYs not captured in previous reports (largely contributed to mark-to-market
adjustments)
** FY25 audited beginning balance after ACFR finalized
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Dept.: Public Works
Project: Master Storm Drain Fee
Local Authority:
The City of Cupertino has collected master storm drain fees from developments since 1962 based
on studies conducted at that time – the 1961 Master Storm Drainage Plan and Cost Study, the
1974 Revised Master Plan, and the 1993 Storm Drainage System Master Plan, all prepared by
Mark Thomas. On July 16, 1962, the City Council adopted Resolution No. 633, approving the
Storm Drainage Fee Policy that set forth the fee structure for the Master Storm Drain Fee for
residential (single family and multi-family) and non-residential (commercial and industrial) uses.
On March 21, 1977, the City Council adopted Resolution No. 4422, amending the fee structure to
include and better define various uses – low-density residential (less than 1 du/ac), single-family
residential (1 du/ac and less than 5.2 du/ac), multi-family residential (greater than 5.2 du/ac) as
well as include public educational use and public facility use in the non-residential category. The
fees are adjusted by the Construction Cost Index annually with the approval of the fee schedule.
On January 15, 2019, City Council adopted Resolution No. 19-011 accepting the 2018 City of
Cupertino Storm Drain Master Plan prepared by Schaff & Wheeler, which updates the 1993
Storm Drainage System Master Plan by taking into account improvements made to the system
since acceptance of the 1993 plan, incorporating more advanced software in the preparation of the
hydraulic models, and describing and prioritizing capital improvement projects necessary to
maintain and improve the storm drain collection system operated by the City in a manner
consistent with industry standards.
Five Year Reporting & Findings Requirement:
1. The purpose of the Master Storm Drain Fee is to help maintain and mitigate impacts to the City’s
existing storm drain infrastructure. The requirements for applicability to the Master Storm Drain
Fees are set forth by the City Council adoption of Resolution No. 633 and 4422, and the fee was
adopted under the provisions of the Mitigation Fee Act. The Master Storm Drain Fee is based on
studies from the 1961 Master Storm Drainage Plan and Cost Study, the 1974 Revised Master Plan
and the 1993 Storm Drainage System Master Plan. Master Storm Drain Fees are used to fund
maintenance and capital improvements to the City’s storm drain infrastructure.
2. A reasonable relationship exists between the Master Storm Drain Fee and the purpose for which
the fee is charged as the storm drain system requires ongoing maintenance that is necessary to
ensure proper drainage from development projects, and storm drain improvements may be needed
to address increased demand from new developments. The need for the Master Storm Drain fees,
as identified in the Storm Drain Master Plan remain, as maintenance and infrastructure
improvements are necessary.
3. The sources and amounts of funding anticipated to complete the financing of the Master Storm
Drain Fee are identified below:
• Developer Fair-Share Contributions from all projects that propose new developments.
4. The approximate dates, on which the funding for the needed storm drain improvements is
expected to be deposited, are identified in the Five-Year Report on the next page.
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Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Amounts of
Funding
Anticipated to
Complete the
Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Maintenance
Activities &
Projects in the
2018 Storm
Drain Master
Plan and 2024
Storm Drain
Outfall
Assessment
Developer
Contributions,
State and
Federal grants,
General Fund
As projects
develop/
redevelop
* Based on estimates from the 2018 Storm Drain Master Plan: High priority capital improvements = $12.52 million.
Moderate priority capital improvements = $25.88 million. Low priority capital improvements = $40.88. Total =
$79.28 million.
Annual Report
Amount of Fee: Based on Storm Drain Master Plan
FY2024-25
Trust
Fund Fiscal Year Purpose of Expenditure
Balance at
7/1/2024 *$1,179
Subtotal
0
Balance at
* Transactions posted to prior FYs not captured in previous reports (largely contributed to mark-to-market
adjustments)
** FY25 audited beginning balance after ACFR finalized
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Dept.: Community Development
Project: Art In-Lieu Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 19.148
Five Year Reporting & Findings Requirement:
1. The purpose of the Art In-Lieu Fee is to provide an alternative for private development projects
that are required to provide public artwork but lack an appropriate location for public art. The
requirements for applicability to the Art In-Lieu fees are set forth in the City’s Municipal Code,
Chapter 19.148. The Art In-Lieu Fee is based on 1.25% of the construction valuation and is
subject to the approval of the Arts and Culture Commission. Art In-Lieu Fees are used to fund
the commission and installation of public artwork.
2. A reasonable relationship exists between the Art In-Lieu Fee and the purpose for which the fee is
charged as the placement of artwork on a particular property may not be feasible, and alternative
means for installing art is needed. The need for the Art In-Lieu fees, as identified when the fee
was enacted, remains.
3. The sources and amounts of funding anticipated to complete the financing of the Art In-Lieu Fee
are identified below:
• Developer Fair-Share Contributions from all projects that require public artwork.
4. The approximate dates, on which the funding for the needed public artwork improvements is
expected to be deposited, are identified in the Five-Year Report below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2024
%
Expecte
d to be
Funded
by Fees
Amounts of
Funding
Anticipated to
Complete the
Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
None
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Annual Report
Amount of Fee: Based on 1.25% of construction valuation
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
reservations
*- Includes funds collected by Development Agreement and other developments
**- Balance reflects the unreserved funds
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Dept.: Public Works
Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades
Local Authority:
EXC-2007-06: Condition of Approval No. 21
TM-2007-02: Condition of Approval No. 24
Five Year Reporting & Findings Requirement:
1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the
pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses
over Interstate 280. Public facilities to be funded with the fees were described in:
a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13,
2007 for Architectural Site Approval ($25,000 collected)
b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18,
2007 for Tentative Map Application ($25,000 collected)
2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee
was charged in that new development in the vicinity of the bridge increases pedestrian traffic
across the bridge. The need for improvements to the bridge, that were identified during the
review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to
the two projects.
3. The sources and amounts of funding anticipated to complete the financing of the bridge
improvements are identified below:
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
4. The approximate dates on which the funding for the bridge improvements is expected to be
deposited into the appropriate account are identified in the Five-Year Report below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Pedestrian
Lighting &
Upgrades –
N. Stelling/
I280 Bridge
$100,000 $56,812 50% Anticipated
that City will
fund the
remaining
cost of the
Spring 2027 Summer 2027 Fall 2027
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Annual Report
Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to
improvement.
FY 2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$54,338 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $2,474 $10,362
Expended 0 ($3,550)
Refunded 0 0
Balance at
6/30/2025
$56,812 $56,812
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Dept.: Public Works
Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements
Local Authority:
ASA-2011-12: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to
partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection.
Public facilities to be funded with the fees were described in:
a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43 dated November 17,
2011 for Architectural Site Approval ($25,000 collected)
2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal
Improvements fee and the purpose for which the fee was charged, in that the new development
has a driveway that connects directly to the signalized intersection and the development will
introduce additional vehicular and pedestrian traffic to the intersection. The need for the
improvements to the intersection, which were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the signal upgrades
improvements are identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the intersection.
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
4. The approximate dates on which the funding for the signal improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Blvd and
Bandley
Drive Signal
Contributions,
and General
Fund.
Funding
has been
provided.
Summer
2020
Winter 2026
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Annual Report
Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic
to intersection.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$14,115 Amount $ -
Fees Collected 0 $ 25,000 Repayment Date
(est.)
na
Interest $643 $2,884
Expended 0 Kimley Horn
Contract
($13,126)
Refunded 0 0
Balance at
6/30/2025
$14,758 $ 14,758
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Dept.: Public Works
Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway
Local Authority:
TM-2012-04: Condition of Approval No. 87
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund
improvements to the intersection in order to address traffic impacts from the project. Public
facilities to be funded with the fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20,
2012 for Tentative Map application ($400,000 collected)
2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence
Expressway fee and the purpose for which the fee was charged, in that the development, in the
vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa
Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report
assessed a fair share contribution from the project to address its portion of the impact. The need
for improvements to the intersection, as they were identified during the review of the project,
remains.
3. The sources and amounts of funding anticipated to complete financing of the intersection
improvements are to be identified by the County of Santa Clara.
4. The approximate dates on which the funding for the intersection improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic
Mitigation at
Homestead
Rd and
Lawrence
Expressway
Bridge
determined
by the
County of
Santa Clara
When
adequate
funds have
been
acquired by
the County
to begin the
project.
Anticipated
Summer
2025
Fall 2025
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Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$448,321 Amount $ -
Fees Collected 0 $400,000 Repayment Date
(est.)
na
Interest $20,410 $68,731
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$468,731 $468,731
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Dept.: Public Works
Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino
Local Authority:
TM-2012-04: Condition of Approval No. 93
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help
mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5
years following project occupancy. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for
Tentative Map application ($100,000 collected).
2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the
fee was charged, in that the development introduces additional traffic to the surrounding
neighborhoods. The City will utilize the funds as needed to address traffic impacts to the
surrounding neighborhoods, for a period of 5-years after occupancy.
3. The sources and amounts of funding anticipated to complete financing of the traffic calming
mitigations were collected with the project ($100,000).
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and the funds have been
allocated to the Stevens Creek Blvd Class IV Bikeway project with expenditures expected to be
registered during FY24-25.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens
Creek Blvd
Class IV
Bikeway
funded
Fees have
been
collected.
Development
Project
completed
2020
Winter 2026
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Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$112,080 Amount $ -
Fees Collected 0 $100,000 Repayment Date
(est.)
na
Interest $5,103 $17,183
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$117,183 $117,183
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Dept.: Public Works
Project: Creek Trail Improvements along Calabazas Creek
Local Authority:
TM-2012-04: Condition of Approval No. 47
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to
administer a creek trail plan, the necessary approvals and improvements for a new trail along
Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the
fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20,
2012 for Tentative Map application ($65,000 collected)
2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek
Fee and the purpose for which the fee was charged in that development in the vicinity of the
proposed creek trail introduces additional pedestrian traffic to the area, causing the need to
provide additional and alternative means of pedestrian access and recreation to new residents and
visitors to the development. The need for a new creek trail, as it was identified during the review
of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the project are
identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the proposed
creek trail location
4. The approximate dates on which the funding for the trail improvements is expected to be
deposited into the appropriate account are identified in the Five-Year Report on the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Creek Trail
Improvements
along
Calabazas
Creek
Developer
Contributions
are needed to
complete the
project
Developer
contributions
obtained
when
adjacent
properties
redevelop.
Anticipated
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Annual Report
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$ 72,854 Amount $ -
Fees Collected 0 $ 65,000 Repayment Date
(est.)
na
Interest $3,316 $11,170
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$76,170 $76,170
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Dept.: Public Works
Project: Parking Conversion Fund along Vallco Parkway
Local Authority:
TM-2012-04: Condition of Approval No. 67
Five Year Reporting & Findings Requirement:
1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to
convert the angled parking spaces along the south side of Vallco Parkway to parallel parking
spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were
described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for
Tentative Map application ($450,000 collected)
2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and
the purpose for which the fund was collected in that new development is adjacent to this section
of Vallco Parkway, and the development added angled parking along Vallco Parkway to serve the
development which reduced the number of east-bound lanes as part of their project. The Fund
will permit the City to reestablish the east-bound lane that was lost, due to the development,
should it be found that the additional lane is necessary to serve the public. The fund is based on
the estimated cost to perform the work. The need for the funds, that were identified when the
funds was imposed, remain, as the surrounding area is currently planned to further develop.
3. The sources and amounts of funding anticipated to complete financing of the conversion were
collected with the project ($450,000).
4. The approximate dates on which the funding for the conversion is expected to be deposited into
the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and is expected to be
utilized at the City’s discretion to remove angled parking and/or add an additional vehicle lane
along Vallco Parkway. The City will continue to evaluate Vallco Parkway layout for traffic
concerns through June 2028.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expect
ed to
be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Parking
Conversion
Fund along
Vallco
Parkway
additional
funds
needed at
this time.
Fees have
been collected.
Development
Project
completed
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Annual Report
Amount of Fee: Estimated Full Cost of the potential improvements.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$504,361 Amount $ -
Fees Collected 0 $450,000 Repayment Date
(est.)
na
Interest $22,961 $77,322
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$527,322 $527,322
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Dept.: Public Works
Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring
Local Authority:
TM-2011-03: Condition of Approval No. 49
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion
Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent
to the project site, due to the practices of employees who will work at the project site. Public
facilities to be funded with the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2
Development Agreement – Section 3.13 and TM 2011-03: Condition of Approval No. 47
dated 10/15/2013 for Tentative Map Application ($850,000 collected)
2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and
Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic
from the development, for which the fee is to be used to monitor, has not yet materialized because
the development has not been fully constructed or occupied. The City will begin monitoring
activities in the fall of 2017. The $850,000 fee was based on an estimate of the cost to perform
the monitoring and make minor modifications to address traffic and parking intrusion concerns.
The need for traffic and parking intrusion monitoring, as it was identified during the review of the
project, remains. The traffic, for which the fees are to be used to monitor, has not yet
materialized.
3. The sources and amounts of funding anticipated to complete monitoring and improvements were
collected with the project ($850,000).
4. The approximate dates on which the funding for the monitoring is expected to be deposited into
the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated to
Complete the
Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Funding of
Neighborhood
Cut-through
Traffic and
Parking
Intrusion
funds needed
at this time.
Fall 2017 Summer 2017 Winter 2026
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Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$908,034 Amount $ -
Fees Collected 0 $850,000 Repayment Date
(est.)
na
Interest $41,338 $140,850
Expended 0 IDAX &
Stantec
Consulting
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Dept.: Public Works and Information & Technology
Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd
Local Authority:
TM-2011-03: MitigationTRANS-13c
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to
implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the
jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described
in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2
Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-13c, dated
10/15/2013 for Tentative Map application ($50,000 collected)
2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza
Blvd fee and the purpose for which the fee was charged in that new development will introduce
additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to
address the additional traffic. The fee was based on a fair-share contribution of the estimated
total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it
was identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology
upgrades will be provided through fair-share contributions from other developers that impact the
corridor.
4. The approximate dates on which the funding for the traffic adaptive technology is expected to be
deposited into the appropriate account are identified below.
5. The funds are intended to be allocated to the De Anza Blvd Traffic Adaptive Signalization special
project with expenditures expected to be registered during FY25-26.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
De Anza Blvd
Traffic
Adaptive
Contribution
and General
Fees have
been
collected.
2025
Summer 2026
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Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$56,040 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $2,551 $8,591
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$58,591 $58,591
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Dept.: Public Works
Project: Contribution towards Stevens Creek Blvd. Bicycle Lane Improvements
Local Authority:
ASA-2018-01: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. The purpose of the Stevens Creek Blvd. Bicycle Lane Improvement fee is to partially fund
upgrades to the bicycle lanes on Stevens Creek Blvd in order to improve and enhance the safety
of the bicycle lanes. Public facilities to be funded with the fees were described in:
a. Target Improvements: ASA-2018-01: Condition of Approval No. 22 dated August 14,
2018 for Architectural Site Approval ($75,000 collected)
2. A reasonable relationship exists between the Stevens Creek Blvd. Bicycle Lane Improvements
fee and the purpose for which the fee was charged, in that the new development abuts Stevens
Creek Blvd., and will introduce additional traffic to the area. The need for the improvements to
the bicycle lanes, which were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the improvements are
identified below:
• Developer Fair-Share Contributions from other projects along Stevens Creek Blvd.
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Bicycle Lane
Improvements
(Wolfe Rd to
Contributions
and General
Fund
Winter
2021 2021
Summer 2027
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Page | 29
Annual Report
Amount of Fee: Contribution from developments, based on estimated costs to construct facilities along
property frontages.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$81,307 Amount $ -
Fees Collected 0 $ 75,000 Repayment Date
(est.)
na
Interest $3,701 $10,008
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$85,008 $85,008
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Page | 30
Dept.: Public Works
Project: Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements
Local Authority:
DP-2018-05: Public Works Condition of Approval No. 1
Five Year Reporting & Findings Requirement:
1. The purpose of the Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements fee is to
fully fund upgrades to vehicle lanes on Stevens Creek Blvd westbound at the Hwy 85 intersection
in order to improve and enhance safety. This work is located within Caltrans jurisdiction. Public
facilities to be funded with the fees were described in:
a. Westport Improvements: DP-2018-05, Public Works Condition of Approval No. 1 dated
August 18, 2020 for Development Permit Approval ($600,000 collected)
2. A reasonable relationship exists between the Hwy 85/Stevens Creek Blvd Caltrans Intersection
Improvements fee and the purpose for which the fee was charged, in that the new development
abuts Stevens Creek Blvd, and introduces additional traffic to the area. The need for the
improvements, which were identified during the review of the project, remains. The development
project was originally conditioned to construct these improvements. However, the City accepted a
developer contribution in-lieu of construction.
3. The sources and amounts of funding anticipated to complete financing of the improvements are
identified below:
• Developer Fair-Share Contributions from other projects along Stevens Creek Blvd.
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Amounts of
Funding
Anticipated
to Complete
the Project
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Hwy
85/Stevens
Creek Blvd
Caltrans
Intersection
Improvements
$600,000 $607,633 100% Developer
Contributions
Fees have
been
collected.
Development
Project
completed
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Annual Report
Amount of Fee: Contribution from development, based on estimated costs to construct facilities.
FY2024-25
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Balance at
7/1/2024
$600,000 Amount $ -
Fees Collected 0 $ 600,000 Repayment Date
(est.)
na
Interest $7,633 $7,633
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$607,633 $607,633
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Attachment B
RESOLUTION NO. 25-____
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE ANNUAL & FIVE-YEAR MITIGATION FEE REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2025 AND MAKING REQUIRED
FINDINGS
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et
seq.) requires that an annual report regarding mitigation fees be submitted to the
City Council at a regularly scheduled public meeting pursuant to Section 66006;
and
WHEREAS, Government Code Section 66001(d) further provides that the
City must, on a five-year basis, make certain findings with respect to unexpended
mitigation fees; and
WHEREAS, the City of Cupertino - AB 1600 - Mitigation Fee Act Annual &
Five-Year Report for the fiscal year that ending June 30, 2025 (the “Annual and
Five-Year Report”), comprises the annual report required under Government
Code Section 66006(b) and five-year report required under Government Code
Section 66001(d) of the Mitigation Fee Act. Said report is included as Attachment
A and incorporated into this Resolution by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Acknowledges the foregoing recitals are true and correct and incorporated into
this resolution by this reference.
2. Approves the Annual and Five-Year Report for FY ending June 30, 2025 in
accordance with the Mitigation Fee Act and incorporates by reference said
Report (Attachment A).
3. Adopts the findings required by Government Code 66001(d) as stated in the
Five-Year Reporting and Findings Requirement section of the Annual and
Five-Year Report (Attachment A), which demonstrate that, for each account or
fund:
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Resolution No. 25-____
Page 2
a. The purpose of each fund is described in the Annual and Five-Year
Report.
b. A reasonable relationship exists between the fee charged to
development projects and the purpose for which it is charged, based
on the substantial evidence contained in the Annual and Five-Year
Report.
c. For each fund, the Annual and Five-Year Report identifies all sources
and amounts of funding anticipated to complete the financing of
incomplete improvements.
d. For each fund, the Annual and Five-Year Report designates the
approximate date on which the funding needed is expected to be
deposited into the fund.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of November, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
Subject:Award a contract to Professional Turf Management for maintenance services at Blackberry Farm
Golf Course for a total not-to-exceed amount of $750,000 and approve a budget modification in the amount of
$125,000.
1. Award a three-year contract to Professional Turf Management to provide maintenance services at
Blackberry Farm Golf Course in the amount not to exceed $250,000 per year, totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf Management when all
conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at an annual amount not
to exceed $250,000, for a five-year total not-to-exceed $1,250,000, provided pricing and services remain
acceptable; and
4.Adopt Resolution No. 25-091, approving budget modification #2526-415, increasing appropriations by
$125,000 in the Blackberry Farm Golf Course Fund funded from the Enterprise Fund.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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PARKS AND RECREATION DEPARTMENT
QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3120 • FAX: (408) 777-1305
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: November 4, 2025
Subject
Award a contract to Professional Turf Management for maintenance services at Blackberry
Farm Golf Course for a total not-to-exceed amount of $750,000 and approve a budget
modification in the amount of $125,000.
Recommended Action
1. Award a three-year contract to Professional Turf Management to provide maintenance
services at Blackberry Farm Golf Course in the amount not to exceed $250,000 per year,
totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf Management
when all conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at an
annual amount not to exceed $250,000, for a five-year total not-to-exceed $1,250,000,
provided pricing and services remain acceptable; and
4. Adopt Resolution No. 25-XXX, approving budget modification #2526-415, increasing
appropriations by $125,000 in the Blackberry Farm Golf Course Fund funded from the
Enterprise Fund.
Background
The Blackberry Farm Golf Course was constructed in 1962 and privately owned until the
City purchased the property in 1991. The course site is approximately 16-acres and lies
within the Stevens Creek Corridor. The site includes a pro shop, staff office, restroom
facilities, and restaurant facility that is leased by the Blue Pheasant. The site is a 9-hole
golf course, with a back tee yardage of 1,544 yards and a par of 29 (seven par 3’s and two
par 4’s). Approximately 28,000 rounds of golf are played at the course per year. Until
2002, City employees maintained the course. However, due to challenges in maintaining
an aging course, the City decided to seek an outside maintenance contractor at that time.
The City Council awarded a three-year contract to the current maintenance contractor in
October 2022 with a contract expiration date of December 31, 2025.
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Request for Proposal
On September 4, 2025, the City issued a Request for Proposal (RFP) seeking a qualified
contractor to provide maintenance services at Blackberry Farm Golf Course. The RFP sought
proposals for a three-year contract commencing on January 1, 2026. The RFP included the
option to extend the term for up to two additional one-year periods, not exceeding a total of five
years.
The RFP process was conducted in accordance with applicable City policy and the Municipal
Code while following standard best practices for this process. The RFP was posted on the City’s
website, which included notification to registered vendors, local plan rooms and builders
exchanges. Additionally, it was advertised on Euna OpenBids, a publicly available procurement
site for government contracts with thousands of registered vendors.
On October 3, 2025, the City received two proposals from Professional Turf Management and
GolfLinks Consulting.
Reasons for Recommendation and Available Options
Staff evaluated both proposals based on the submitted firm qualification and experience, project
team qualifications and experience, work plan and approach, and the cost proposal. After the
evaluation, the staff determined that the proposal from Professional Turf Management was
superior as explained below. As is typical with an RFP, the compensation/proposal amount was
not the determining factor.
Professional Turf Management’s proposal demonstrated a thorough understanding of the City’s
maintenance needs and presented a clear, well-organized plan outlining the scope of services,
operational procedures, and staff responsibilities. With more than two decades of experience in
golf course maintenance, Professional Turf Management possesses the expertise necessary to
deliver safe, high-quality, and reliable results.
The company currently provides all exterior maintenance services for Canyon Lakes Golf
Course, a public 18-hole facility in San Ramon, and has done so successfully for the past ten
years. Additionally, Professional Turf Management has served as the City’s contractor at
Blackberry Farm Golf Course for the past 20 years, consistently maintaining the course to a high
standard. Their team has demonstrated exceptional knowledge, resourcefulness, and proactive
management—particularly in addressing challenges related to the course’s aging irrigation
system. With a team of professionals offering over 60 years of combined experience,
Professional Turf Management has established a strong working relationship with both City
staff and the golfing community. The company has consistently proven its responsiveness to
City requests, adherence to City standards, and commitment to maintaining the course in
excellent condition.
The following is a cost summary for three years of maintenance services at Blackberry Farm
Golf Course.
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Proposer 3 Year Bid Amount Annual Estimate
Professional Turf Management $742,557 $247,519
The current cost to maintain the golf course with Professional Turf Management is
approximately $224,325 per year. In this current bid, Professional Turf Management proposed a
cost of $742,557 for a three-year contract, which corresponds to $247,519 per year or about 9%
higher than the previous contract. Staff believes the associated higher costs can be justified due
to an increase in material and labor cost to perform the maintenance and replacement of the
aging golf course infrastructure.
Based on the findings outlined above, staff recommends awarding a three-year contract to
Professional Turf Management for a total not-to-exceed amount of $750,000, and, further,
authorizing the City Manager the option to execute annual extensions to the contract for two
additional years for a total of five years.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The current contract is with Public Works (GL 560-84-268) which expires in December 2025. The
new contract will be moved to the Blackberry Farm Golf Course budget (GL 560-63-616) which
currently has no funds allocated for this contract. City staff is requesting additional
appropriations of $125,000 to the Fiscal Year 2025-2026 budget to ensure adequate funding for
the contract.
City Work Program (CWP) Item/Description
None
Council Goal:
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jacinta Liang, Management Analyst
Reviewed by: Rachelle Sander, Director of Parks and Recreation
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Draft Resolution
B – Draft Agreement
C – Request for Proposal
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RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2025-26 BY
APPROPRIATING MONIES FOR SPECIFIED FUNDS
WHEREAS, the orderly administration of municipal government depends
on a sound fiscal policy of maintaining a proper ratio of expenditures within
anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs
and performing staff duties and responsibilities likewise depends on the monies
available for that purpose; and
WHEREAS, the City Manager has determined that the balance of the funds
specified in this resolution is adequate to cover the proposed transfer
appropriations and therefore recommends the fund reallocation described herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the recommended fund transfer and ratified the attached amended
appropriations set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of November 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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Resolution No. __________________
Page 2
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. __________________
Page 2
Exhibit A
Appropriation Amendment
by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund - - -
Special Revenue Funds - - -
Capital Project Funds - - -
Enterprise Funds 125,000 - (125,000)
Internal Service Funds - - -
Total Appropriation
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
Page 1 of 9
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH PROFESSIONAL TURF MANAGEMENT INC.
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Professional Turf Management Inc. (“Contractor”) a California Corporation, for Blackberry Farm Golf
Course Maintenance, and is effective on January 1, 2026. (“Effective Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services,
attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this
Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in
accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further
agrees to carry out work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in
writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written
proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which
the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and
incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of
Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a
Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures
based on the City’s best interests. Contractor will not be compensated for Services performed without a
duly authorized and executed Service Order.
2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the
City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any
other solicitation regarding a subsequent or additional contract with the City. The City shall at all times
retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall
be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the
City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have
access to the same information, including all conceptual, preliminary, or initial plans or specifications
prepared by contractor pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on 12/31/2028. (“Contract Time”),
unless terminated earlier as provided herein. The City’s appropriate department head or City Manager
may extend the Contract Time for two additional years through a written amendment to this Agreement,
provided such extension does not include additional contract funds. Extensions requiring additional
contract funds are subject to the City’s purchasing policy.
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
Page 2 of 9
The City shall retain the option to extend the term for up to two (2) additional one-year periods not
exceeding a total of five (5) years.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each
Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and in
each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the
Services on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a
total amount that will based upon actual costs but that will be capped so as not to exceed $750,000
(“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. For
extensions, the City will pay the Contractor an annual amount not to exceed $250,000. The maximum
compensation includes all expenses and reimbursements and will remain in place even if Contractor’s
actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the
rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service
Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must
state a description of the deliverables completed and the amount due for the preceding month. Thirty (30)
days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete
payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City
of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of
City. Contractor is solely responsible for the means and methods of performing the Services and for the
persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s
compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they
have the qualifications and skills to perform the Services in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are
properly licensed, registered, and/or certified to perform the Services as required by law and have
procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement
Prior written approval from City is required for any subcontractor, and the terms and conditions of this
Agreement will apply to any approved subcontractor.
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
Page 3 of 9
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment
required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall have
no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event
that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on
behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of City, and
actual attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details the disclosure of which
to third parties may be damaging to City. Contractor shall hold in confidence all City information and
use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City
information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out
of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
Page 4 of 9
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection
with the performance of this Agreement, including but not limited to correspondence between
Contractor and any third party, are public records under the California Public Records Act, California
Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of
public records and shall make such records available to the City upon request by the City, or in such
manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
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and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute
resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any
manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor
will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C,
and must maintain the insurance for the duration of the Agreement, or longer as required by City. City
will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and
endorsements evidencing the type, amount, class of operations covered, and the effective and expiration
dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and
without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s
compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
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verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide
by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Molly James as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without prior
notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Don Naumann as its
single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Services. Contractor’s Project manager is responsible for coordinating and
scheduling the Services in accordance with City instructions, service orders and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a
new Representative which shall result in no additional costs to City.
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15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time
expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law
and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the
Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main
Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the
main Agreement shall prevail and be controlling.
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22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Molly James
Email: MollyJ@cupertino.gov
Professional Turf Management Inc.
PO Box 700142, San Jose, CA 95170
Attention: Don Naumann
Email: dgrpgrwr@aol.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
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is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
PROFESSIONAL TURF MANAGEMENT INC.
By
Name
Title
Date
APPROVED AS TO FORM:
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
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Exhibit A – Scope of Services, Schedule of Performance and Compensation
The following services are to be performed after 5:30 a.m. and before 6:00 p.m. Power equipment of
any type (except for electric golf carts) are not allowed before 7:00 a.m. City owned golf carts are not
available for Contractor use.
1. PUTTING GREENS
1.1 Scope
Greens shall be maintained disease and weed free. Complete renovation of any green is not included
in this maintenance project.
1.2 Mowing Frequency
Greens to be mowed six times per week, year‐round. Contractor shall recycle grass trimmings in the
Green waste dumpster on‐site.
1.3 Height of Cut
The grass on the putting greens is to be 0.135 of an inch.
1.4 Changing Cups
Contractor shall change the cup location on each green daily, year‐round. Placement is to be at least
eight feet from the edge of the green, on a level surface. When requested, use the 1/3 rule – 1/3 of the
pins back, 1/3 pins middle, 1/3 pins up.
1.5 Fertilization
Contractor to collect soil samples six times per year to determine recommended nutrients, rates of
application and frequency of application, with the goal of a sustainable fertility program. Use organic
fertilizers, for example, Earthworks or approved equivalent. The City shall determine which of the
greens are to be tested. Contractor to use Logan Laboratories or City approved equal for soil testing
and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes,
specifications and policies, and at a minimum rate that is consistent with healthy turf.
1.6 Aerification/Top Dressing/Verti‐Cutting
Contractor is to perform DryJect aerification or equal two times per year in March/April and
September/October, and overseed with Pencross bentgrass in September. Perform a Dryject Maximus
aerification or equal in July. Verti‐cut greens monthly during the growing season.
Top‐dress with TD320 from TMT enterprises or City approved equal.
1.7 Pesticide Application
All pesticide application shall be completed by a qualified person in accordance with all applicable
laws, codes, specifications, and policies. Greens to be maintained disease and weed free. Apply all
chemicals sparingly. Applications shall be as per EPA regulations. Contractor must possess material
safety data sheets (MSDS) for all materials. All posting and re‐entry requirements must be followed.
Contractor to submit a written report of all pesticide applications every two months. Contractor to be
present at the annual pesticide use meeting conducted by the City. A recommendation by a licensed
Pest Control Advisor (PCA) that is familiar with the Blackberry Farm Golf Course and with its setting
and protected natural resources is required for applications, and a licensed staffer with a current 85
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Qualified Applicator License (QAL) or is a Qualified Applicator Certificate holder (QAC) shall be on
site and provide oversight during applications is required. All work shall adhere to all laws,
regulations, and applicable guidelines for all pesticide applications. Contractor may be required to
obtain a Restricted Materials Use Permit and Notice of Intent from the County of Santa Clara Division
of Agriculture prior to any applications.
1.8 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creeks or ponds nor to
drainage inlets that discharge to creeks or ponds.
1.9 Interseeding
Contractor shall interseed greens with City approved mix of creeping bentgrass two times per year,
in the spring and fall at a rate of 2 lbs. per 1,000 square feet unless otherwise directed.
1.10 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
2. COLLAR MAINTENANCE
2.1 Mowing Frequency
Collars to be mowed two times per week in the spring, summer, and fall. Collars to be mowed one
time per week in the winter.
2.2 Height of Cut
The grass on the collars is to be ½ inch year‐round.
2.3 Fertilization
Fertilization of the collars to be applied in the same manner as the greens.
2.4 Weed Control
Weed control of the collars to be applied in the same manner as the greens.
3. TEE MAINTENANCE
3.1 Mowing Frequency
Tees to be mowed three times per week in the spring, summer, and fall. Tees to be mowed two times
per week in the winter.
3.2 Height of Cut
The grass on the tees is to be ½ inch year‐round.
3.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
to use. Contractor to use Logan Laboratories or City approved equal for soil testing and
recommendations. Fertilizer to be applied four times per year in March, May, late August and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be 86
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applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
3.4 Aerification
Contractor to aerate four times per year in May and October and as needed.
3.5 Overseeding
Contractor to overseed four times per year with perennial rye grass, at eight pounds per 1,000 square
feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
3.6 Tee Markers
Contractor shall move and rotate daily. Keep 10 feet apart and eight feet from back of tee box (except
where markers do not allow).
3.7 Permanent Yardage Markers
Contractor to keep markers visible at all times.
3.8 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall.
Broadleaf weed control shall at a minimum control English daisy, clover, spurge, and chickweed.
Contractor to apply one crabgrass control in spring. The appearance of other broad leaf weeds will require
the use of appropriate control measures. All weed controls shall be applied in accordance with all
applicable laws, codes, specifications, and policies.
3.9 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
3.10 Seed and Topsoil Tees
Contractor to place seeds and sand/organic compost mix on tees daily to repair divots.
3.11 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
4. FAIRWAY MAINTENANCE
4.1 Mowing Frequency
Two to three times per week in growing season and one to two times per week in winter.
4.2 Height of Cut
Fairway grass shall be kept at ¾ inch year‐round.
4.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
use. Contractor to use Logan Laboratories or City approved equal for soil testing and 87
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recommendations. Fertilizer to be applied four times per year in March, May, late August, and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be
applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
4.4 Aerification/Verti‐Cutting
Contractor to aerate, verti‐cut one time per year in April or May.
4.5 Overseeding
Contractor to overseed one time per year with perennial rye grass, at eight pounds per 1,000 square
feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
Perform spot overseeding as needed with perennial rye grass.
4.6 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed
control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply
one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable
laws, codes, specifications, and policies.
4.7 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
4.8 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
5. ROUGH MAINTENANCE
5.1 Mowing Frequency
Rough to be mowed two times per week, year‐round.
5.2 Height of Cut
Rough to be kept at a height of 1 to 1 ½ inches, year‐round.
5.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
use. Contractor to use Logan Laboratories or City approved equal for soil testing and
recommendations. Fertilizer to be applied four times per year in March, May, late August, and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be
applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
5.4 Aerification/Verti‐cutting
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5.5 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed
control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply
one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable
laws, codes, specifications, and policies.
5.6 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
5.7 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
6. EQUIPMENT AND STORAGE
6.1 Green Equipment
The City encourages the contractor to use environmentally‐friendly, or green, equipment and
supplies for this contract. Any portable motorized landscape equipment used for maintenance is
required to have a noise level reading of 65dBA or less measured at a distance of 50 feet, as certified by
the manufacturer, per municipal code 10.48.010.
6.2 Equipment Maintenance
All mowing equipment shall be on a regular preventative maintenance schedule for hydraulic and
oil lines to minimize damage to turf and protect the creek and wildlife habitat from leaks. Hydraulic
hoses shall be changed off‐site every six months.
6.3 Greens
Mowing equipment shall be nine or more bladed and a reel‐type mower with a frequency of cut at a
minimum of .25 at 3.6 mph.
6.4 Tees
Mowing equipment shall be seven or more bladed and a reel‐type mower with a frequency of cut at
a minimum of .53 at 4.2 mph.
6.5 Fairways
Mowing equipment shall be six or more bladed and a reel‐type mower with a frequency of cut at a
minimum of .67 at 5 mph.
7. PARKING LOT AT GOLF COURSE ENTRANCE
7.1 Sweeping
Contractor shall sweep every two weeks. Manually using a blower is acceptable during the hours of
7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code
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7.2 Loose Trash and Garbage Cans
Contractor shall pick up trash and check area daily. Contractor shall remove and dispose all trash from
the parking lot.
7.3 Broken Glass/Bottles
Contractor shall pick up and dispose of broken glass or similar potentially harmful materials immediately.
8. MAINTENANCE BUILDING/AREA
8.1 Building
Contractor shall not enter the maintenance building before 5:30 a.m. Contractor shall inspect all
equipment for leaks daily. Contractor shall fix leaks and clean up any spills or leaks immediately.
Contractor may use the building to store any equipment or materials necessary for regular course
maintenance. Contractor shall not store any equipment or vehicles in the maintenance building, that
are not used for regular course maintenance. No barbecues, washing of personal cars, or fires of any
kind are allowed. Smoking is not allowed anywhere on the course, patio area, maintenance building
or adjacent parking lot, per municipal code 10.90.020.
8.2 Restrooms at Maintenance Building
Public restrooms exist on the golf‐facing side of the golf maintenance building. The public restrooms
will be cleaned and maintained by the City or the City’s designee.
8.3 Green Waste Dumpster
Contractor shall contact the City supervisor when the green waste dumpster is full. City is
responsible for emptying dumpster. Contractor is responsible for keeping the area around dumpster,
free of garbage and debris. Green waste dumpster is to be used for debris collected as a result of golf
course maintenance only.
8.4 Blackberry Farm Park Dumpsters
Contractor may dispose of garbage and recycling collected as a result of golf course maintenance
only, in the designated dumpsters at Blackberry Farm Park.
9. ENTRY AREA AND PRO SHOP GROUNDS
9.1 Flower Beds
Contractor shall replant the two planter boxes located near the pro shop, a minimum of two times per
year. Contractor shall weed, mulch, water, and replenish as needed, year‐round. The planter box
located on the number one tee measures approximately 4.5 feet by 35.5 feet (160 sq. ft.). The planter
box located near the entrance gate, measures approximately 8 feet by 34 feet (272 sq. ft.).
9.2 Landscape Shrubbery
Contractor shall trim monthly and as needed.
9.3 Patio and Walkways
Contractor shall sweep daily. Manually using a blower is acceptable during the hours of 7:00 90
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a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code 10.48.051.
9.4 Trash and Recycling Containers
Contractor shall pick up trash and empty trash cans located on the patio, daily. Contractor shall
empty the cardboard recycling containers located next to the pro shop at least one time per week.
9.5 Foot Brushes and Air Hose
Contractor shall clean and check weekly and replace when worn.
9.6 Leaks from Contractor‐owned Golf Carts
Contractor shall clean immediately.
10. IRRIGATION
10.1 Maintenance
Contractor shall maintain the irrigation system, including irrigation main and lateral lines, sprinkler
heads, valves, and controllers in good operation, functioning properly, and conforming to related
laws, codes, and regulations. Leaks in the irrigation system shall be repaired by the Contractor.
Contractor shall provide an itemized cost proposal that includes labor rate and materials for the repair
of leak using the Hourly Rate table in Attachment B. Any damage to the irrigation system caused by
Contractor’s equipment or carelessness while carrying out maintenance operations shall be repaired
without charge.
10.2 Frequency
Contractor shall irrigate as required to maintain adequate moisture for growth rate and appearance.
Contractor is to hand water, as needed, all portions of the course that do not receive adequate water
from the irrigation system. Irrigation shall be performed at night or early morning when it does not
interfere with golf play. Irrigation controller programs shall be adjusted as required.
10.3 Water Conservation
Irrigation controllers shall be programmed to maintain course appearance and health of vegetation
while maximizing water conservation. Contractor may be required to reduce irrigation on the
tees, fairways, and rough while providing the necessary water to keep the greens healthy at all times.
Adjustments to the irrigation cycle may also be necessary to meet any drought restrictions imposed
by Santa Clara Valley Water District and California State Water Board.
10.4 Monitoring
Contractor shall check the system daily, year‐round. Contractor shall make corrections for coverage,
clogging of lines, removal of obstacles, tilting of heads, and management of pant materials that
obstruct the spray, as they occur.
10.5 Wind Problems
In areas where wind creates problems of spraying on to private property or road rights of way,
operation shall occur during a period of lowest wind velocity.
10.6 Testing for Adequate Soil Moisture
Contractor shall determine by visual observation, plant resiliency, turgidity, examining cores 91
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removed by soil probe, and moisture sensor devices.
10.7 Water Cost
Water costs shall be paid by the City.
11. OTHER AREAS
11.1 Benches and Tee signs
Contractor shall immediately remove any damaged bench and notify the City. City is responsible for
replacing benches and tee signs.
11.2 Ball Washers
Contractor shall check for water and soap and supply these daily. Contractor shall replace tee towels
monthly or more often if towel is frayed, discolored, or aesthetically unpleasing. City is responsible
for replacing ball washers.
11.3 Trash Cans
Contractor shall empty trash cans located on the course, daily, or more frequently if trash cans are
overflowing. City is responsible for the replacement of trash receptacles.
11.4 Debris and Trash
Contractor shall remove immediately and dispose of debris and trash in a safe and legal manner.
11.5 Tee Markers
Contractors shall have two sets on each hole. Missing or broken markers shall be replaced
immediately.
11.6 Yard Markers
Contractor shall replace any yard markers as needed.
11.7 Out of Bounds and Hazard Stakes
Contractor shall replace out of bounds or hazard stakes, immediately, if missing or broken.
11.8 Flags, Poles, and Cups
Contractor shall replace flags, poles, and cups including at the nine‐hole foot golf course, when they
are discolored, frayed, or damaged in any way.
11.9 Sand Traps
Complete renovation of any sand trap is not included in this maintenance project. Contractor shall
rake daily. Contractor shall keep sand at a minimum of four inches in depth and keep clear of all
weeds. When using a power rake, Contractor shall stay approximately one foot from edge of trap.
When hand‐raking edge of trap, sand shall be pushed inward on the low side and pulled outward
on the high side. Contractor shall edge traps monthly and as needed. Sand shall not be dragged out
of the trap when exiting the trap with a power rake.
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11.10 Sand Trap Rakes
Contractor shall keep two rakes per sand trap, or more, as needed. Missing or broken rakes shall be
replaced immediately.
11.11 Trees
Any tree removal or tree replacement is the responsibility of the City. Contractor shall keep all trees
trimmed at least eight feet from the ground to prevent damage to golf cart tops and maintenance
equipment, except for trees and shrubs along the creek which shall only be trimmed as acceptable
by City staff. Contractor shall maintain trees in a safe, healthy, and aesthetically pleasing condition
at all times. Contractor shall mow, weed, and/or mulch tree wells as needed. Contractor shall
immediately remove any broken tree limbs. Downed brush shall be removed as soon as possible. All
trimmings or debris shall be removed from the course unless they are chipped and used for mulch
on site. City shall be responsible for removal of dead or fallen trees unless the dead or fallen tree was
a result of the Contractor’s negligence.
11.12 Weed Control (Non‐Selective)
Contractor shall use mechanical method of trimming or removing undesirable vegetation in tree
wells, perimeter and interior fence lines, barriers, railroad ties, delineators, and along edges of golf
play areas that are along the creek or associated native planting areas.
11.13 Foot Bridge
Contractor shall inspect the foot bridge daily for safe conditions and repair the structure immediately
when necessary.
11.14 Driving Range
Contractor shall cut grass weekly. Contractor to collect soil samples six times per year to determine
the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved
equal for soil testing and recommendations. Fertilizer to be applied four times per year in March,
May, late August, and October. The application rate shall be at the manufacturer’s recommended
rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications,
policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent
fertilizer or fertilizer‐containing runoff from getting into creek areas.
11.15 Perimeter Fencing
City is responsible for all repairs and replacement of perimeter fencing and safety netting.
11.16 Vandalism and Graffiti
Contractor is responsible for the removal/repair of graffiti and vandalism to Contractor‐ owned
property. City is responsible for the removal/repair of graffiti and vandalism to any City‐owned
property.
11.17 Wildlife
In accordance with Cupertino Municipal Code 8.01.160, “no person shall use a leg‐hold steel jawed
trap, steel jawed trap, or steel leg‐hold trap, as defined in Fish and Game Code Section 4004, in any
urban service area boundary, as defined in Government Code Section 56080.”
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12. BLACKBERRY FARM WEST SIDE RESTROOMS
Contractor shall open the restrooms located on the west side of the park between 6:00 a.m. and 6:30
p.m. on the weekends and holidays except for December 25 and January 1. City shall provide
Contractor a list of observed holidays by December 1, each year.
13. RECYCLING OF VEGETATION
13.1 Recycling Required
Contractor shall recycle all vegetative material generated. No clippings may be dispersed in the rough
or on the fairways. Clippings may be recycled in out of play areas in amounts and locations approved
by the City. Clippings may not be recycled on the creek bank or within 8 feet of the creek edge or in a
manner that might result in clippings getting into the creek channel at any time. If buildup of pine
needles, leaves and grass clippings become excessive in these areas the Contractor will be required to
remove them and place them in the vegetation recycling containers provided by the City.
13.2 Recycling Facilities
The City shall provide vegetation recycling containers which will consist of toters or bins as required by
the quantity of material generated from the maintenance operations.
14. WILDLIFE CONSIDERATIONS
Contractor is to note that a number of federally‐ and state‐protected wildlife species inhabit the Stevens
Creek corridor and portions of the golf course. Among the species are steelhead fish, turtles, woodrats,
various birds of prey such as hawks, owls and white‐tailed kites, and various migratory birds and
songbirds. These animals and their habitat are protected by various federal and state regulations. Those
regulations affect activities that could affect wildlife directly or indirectly, including actions on the golf
course that could affect the creek and its water quality. Such actions include fertilizer use, pesticide use,
irrigation practices, operation of the golf course ponds, vehicle washing, and other procedures.
Contractor shall meet with City staff and representatives annually to review maintenance activities
relative to these considerations. Contractor is encouraged meet with City representatives more
frequently as needed to ensure compliance. Further considerations are noted below.
15. NESTING BIRDS
Contractor shall be aware of nesting birds on trees within the golf course. If tree trimming or removal is
required during the nesting period, the Contractor shall conduct a survey for nesting birds on the entire
golf course prior to performing the work.
16. TERRESTRIAL WILDLIFE
Vegetation Trimming and Removal: No vegetation along the creek edge or any trees in any location on
the golf course shall be trimmed or removed from February 1 to August 31, unless it has been
reviewed for presence of nests and protected wildlife by a biologist or qualified professional or City
Staff.
Tree Removal: Certain trees are protected by City ordinance. No tree shall be removed or significantly
pruned without advance approval by the City representative.
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Bird Breeding Season: Breeding season for raptors, birds of prey such as hawks and owls, is normally
from February 1 to August 31, with highest activity usually from early or mid March onward. Most
such birds and their nests and breeding are protected by law. Routine golf course operations may
proceed during breeding season. However, during this time contractor shall endeavor to reduce
disturbing activities, such as loud noises or vibration, within 250 feet of a raptor nest site and within
400 feet of a white‐tailed kite nest site. Songbird nests are generally protected within a 100 foot radius.
Rodenticide Use: Use of any and all rodenticides [to poison squirrels, gophers, mice, rats] or chemicals
is banned, unless authorized in advance in writing by the City.
Lighting: Contractor is to minimize use of nighttime lighting, especially in the vicinity of the creek.
Contractor is to operate the golf maintenance facility in a manner that minimizes use of outdoor
lighting to the extent feasible. Lights shall only be used when workers are present unless the City
provides advance authorization in writing. This stricture applies to outdoor lighting of the
maintenance yard.
Emissions: Contractor is to minimize the use of exhaust‐ and emission‐producing equipment to the
extent compatible with performance of the work (See 6.1 Green Equipment). Contractor shall favor
the use of equipment powered by electrical, batteries or hand rather than diesel, gas or oil, as feasible.
Wildlife Reporting: Contractor shall report any observations of the following to the City representative
within 1 working day:
• active raptor nests
• turtles
• woodrats [potentially San Francisco dusky‐footed woodrat]
• frogs [potentially California red‐legged frog]
• salamanders [potentially California tiger salamander]
• other potentially protected wildlife
17. AQUATIC WILDLIFE
Federally‐threatened steelhead inhabit the section of Stevens Creek that is adjacent to the golf
course, year round. This fish species is highly protected. Their survival depends on clean cool
water, free of harmful levels of fertilizers, pesticides, storm water runoff pollutants, and organic
waste. The principal methods to achieve this are minimizing total use of these contaminants,
restricting the type of inputs, and having an acceptable method of application via an Integrated
Pest Management Plan (IPM). The City has adopted such a plan as discussed elsewhere in this
document.
Contractor is strongly encouraged to operate in conformance with Pilot Salmon Safe Certification
Standards for Golf Courses, latest version (May 2018, Version 1.3) available at www.salmonsafe.org
and compliance with the City’s NPDES permit.
Due to adverse impacts on fish and aquatic wildlife, use of the following pesticides is not allowed.
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Table from Salmon-Safe Urban Standards Version 3.0, April 2021
If use of any of these pesticides is desired, Contractor must submit written documentation to City
to demonstrate a clear need for use of the pesticide, that no safer alternatives exist, and that the
method of application (such as timing, location, and amount used) represents a negligible risk to
water quality and fish habitat. Contractor must secure authorization in advance from City and any
involved regulators including Resource Agencies that use of the pesticide may proceed.
Note that some of these pesticides are included on the San Francisco Reduced Risk Pesticide List
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(“SF List”). They are hereby deleted from the SF List since they are not suitable for use near creeks
and include but are not limited to:
• Triclopyr
These pesticides are not to be used on the golf course unless written authorization is secured in
advance.
18. WATER QUALITY CONSIDERATIONS: PROTECTION OF CREEK & PONDS
Runoff: No runoff from any applications of chemicals, pesticides or fertilizer shall flow into creeks or
ponds, including runoff from allowable products. No runoff other than clean rainwater shall flow
into the creek. Contractor shall consider weather conditions and watering regimes in order to
schedule application of fertilizer, pesticides and chemicals in a manner that prevents runoff to creeks
or ponds. Contractor shall operate irrigation system and watering activities in a manner that prevents
irrigation runoff as well. Contractor shall monitor and test for runoff of any chemicals, pesticides, or
fertilizer to ensure runoff does not occur.
Equipment Washing: All equipment shall be washed within the equipment wash off area in the golf
maintenance yard, or in an equivalent offsite facility that filters wash water and is connected to the
sanitary sewer system. Screens shall be cleaned of grass clippings and other material after each use.
No washing is permitted elsewhere.
Pond Maintenance: Ponds shall be kept free of excessive vegetation. Vegetation removal shall be
done with hand or mechanical means. Such removal shall be timed to avoid wildlife breeding
seasons in consultation with the City. Timing will ordinarily be September to January, or
potentially as late as mid‐March if nesting and protected wildlife are not present. Contractor shall
avoid vegetation management during the nesting season. Locally native vegetation are acceptable
to be planted.
A pond outlet/overflow pipe within the lower pond provides an emergency discharge to the creek.
This outlet pipe must be capped at all times with a tight, sturdy, secure, 3/32” square mesh or
tighter screen that is acceptable to City. If slotted the maximum opening width is 1/16”. Pond water
level shall be maintained sufficiently below the outlet pipe elevation such that NO POND WATER
ENTERS THE OUTLET nor flows to the creek. Contractor shall check the screen to ensure that it is
tight, intact and clear at least monthly and shall maintain the mesh in a clear clean condition.
When ponds are in operation, ponds shall be maintained with adequate water level to maintain
habitat for existing fish and wildlife populations, unless the City authorizes otherwise. Ponds shall
be operated in a manner that prevents algae growth. Avoid over fertilization that contributes to
algae growth.
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Schedule of Performance and Compensation
Item Description Unit Estimated
Quantity
Unit Price Total ($)
1 Attachment A, Putting Greens, Tasks
1.1 – 1.10, each month, January 1, 2026, Month 36 $3,475 $125,100
2 Attachment A, Collar Maintenance,
Tasks 2.1 – 2.4, each month, January 1,
2026, through December 31, 2028
Month 36 $1,075 $38,700
3 Attachment A, Tee Maintenance,
Tasks 3.1 – 3.11, each month, January
1, 2026, through December 31, 2028
Month 36 $1,610 $57,960
4 Attachment A, Fairway Maintenance,
Tasks 4.1 – 4.8, each month, January 1, Month 36 $3,766 $135,576
5 Attachment A, Rough Maintenance,
Tasks 5.1 – 5.7, each month, January 1, Month 36 $2,112 $76,032
6
Attachment A, Equipment and
Equipment Storage, Tasks 6.1 – 6.5,
each month, January 1, 2026, through
Month 36 $2,109 $75,924
7
Attachment A, Parking Lot at Golf
Course Entrance, Tasks 7.1 – 7.3, each
month, January 1, 2026, through
Month 36 $620 $22,320
8
Attachment A, Maintenance
Building/Area, Tasks 8.1 – 8.4, each
month, January 1, 2026, through
Month 36 $520 $18,720
9
Attachment A, Entry Area and Pro
Shop Grounds, Tasks 9.1 – 9.6, each
month, January 1, 2026, through
Month 36 $345 $12,420
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10 Attachment A, Irrigation, Tasks 10.1 –
10.6, each month, January 1, 2026, Month 36 $3,250 $117,000
11
11.1 Each 1
11.2 Month 36
11.3 Month 36
11.4 Month 36
11.5 Each 1
11.6 Each 1
11.7 Each 1
11.8 Each 1
11.9 Month 36
11.10 Each 1
11.11 Month 36
11.12 Month 36
11.13 Month 36
11.14 Month 36
11.15 Each 1
12 restrooms on the west end of the park
on weekends and holidays, except Hours 60 $30 $1,800
TOTAL COST $742,557
Services – Hourly Rate
Services
Hourly
Services
Hourly
A Labor Rates
Position: Foreman
Position: Maintenance Worker
$75.00
$65.00
$150.00
$130.00
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City of Cupertino Master Agreement Service Order
Exhibit B – Service Order Form
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
Master Agreement Contract #:
Maximum Compensation:
Consultant:
MA Date:
MA End Date:
Ph:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
City Project Management
Managing Department:_____________ Project Manager:
Master Agreement Maximum Compensation:
Encumbrance this Service Order:
Master Agreement Unencumbered Balance:
Approvals Signatures:
Consultant/
Contractor
Manager/
Supervisor:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that funds are available as of this date of signature
City Finance: Date:
Management Analyst
Firm Name:
Address:
Contact:
SO Acc't #:
Project #:
PO #:
Date:
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Insurance Requirements for Professional/Specialized Services Agreement
1
Version: May 2025
Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its
own cost and expense, the following insurance policies and coverage with companies doing business in California
and acceptable to City.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form
CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000
products and completed operations aggregate. The policy shall include a per project or per location general
aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not
available, the limit of the general aggregate shall be doubled.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and
shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum
limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as
the most recent edition of ISO CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
liability insurance, provided each policy follows form of the underlying policy and complies with the
requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain
a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own
insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering
any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9),
with limits no less than $1,000,000 each accident for bodily injury and property damage.
Not required. Consultant shall be fully remote and not use automobiles to provide the service.
In the event Consultant uses an automobile or automobiles in the operation of its business to provide
services under this Agreement, the Consultant shall, prior to such use, provide the City with
evidence of Business Automobile Liability insurance coverage in the amount required under this
Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not
own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with
a Certificate of Insurance, along with an additional insured endorsement in favor of the City,
primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and
endorsement under the policy prior to the use of any automobile.
Consultant has provided written confirmation that it does not own any autos. Consultant shall
provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-
Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile
Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or
automobiles in the operation of its business to provide services under this Agreement, the
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
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Insurance Requirements for Professional/Specialized Services Agreement
2
Version: May 2025
Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability
insurance coverage in the amount required under this Section 2 for owned, non-owned and hired
autos (any auto-Symbol 1).
In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of personal
automobile insurance coverage in accordance with the laws of the State of California. As available
under the policy, evidence shall be provided with the Certificate of Insurance, along with an
additional insured endorsement in favor of the City, primary and non-contributory coverage and
endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is
required prior to commencement of services.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 each accident / disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to
Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If written on a claims-made basis form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have the following conditions and
provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional
Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability
policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as
broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG
20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used.
Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed
primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not
contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will
not provide the required notice of cancellation or policy modification, the Contractor shall provide written
notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in
advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the
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Insurance Requirements for Professional/Specialized Services Agreement
3
Version: May 2025
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability,
Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of
subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This
provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from
the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate
of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible
or self-insured retentions as respects the City/Additional Insureds; or Contractor must show proof of ability to
pay losses and costs related investigations, claim administration and defense expenses. The policy shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the
City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-VII
or higher.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to
commencing the Services. However, failure to obtain the required documents prior to the work beginning shall
not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies
of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor
shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage
subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Higher Insurance Limits
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Contractor.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
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CITY OF CUPERTINO
REQUEST FOR PROPOSAL
FOR
BLACKBERRY FARM GOLF COURSE
MAINTENANCE
Issue Date:
September 2, 2025
Submittal Due Date:
October 3, 2025, by 5:00 p.m.
OFFICE OF THE DIRECTOR OF PARKS AND RECREATION
QUINLAN COMMUNITY CENTER • 10185 N. STELLING ROAD • CUPERTINO, CA 95014‐3255
TELEPHONE: (408) 777‐3120 • FAX: (408) 777‐3137
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
REQUEST FOR PROPOSAL
CITY OF CUPERTINO
Contents
1. INVITATION ....................................................................................................................................... 1
2. PROJECT SCOPE OF WORK ............................................................................................................. 1
3. SUBCONTRACTORS .......................................................................................................................... 2
4. TENTATIVE TIMELINE ...................................................................................................................... 2
5. OPTIONAL PRE‐PROPOSAL WALK‐THROUGH ........................................................................ 2
6. SUBMITTAL REQUIREMENTS ......................................................................................................... 2
7. CLARIFICATIONS AND QUESTIONS ............................................................................................ 4
8. SUBMITTAL PROCESS ...................................................................................................................... 4
9. EVALUATION PROCESS .................................................................................................................. 5
10. COST PROPOSAL ............................................................................................................................................................ 6
11. SELECTION CRITERIA ...................................................................................................................... 6
12. SELECTION PROCESS ...................................................................................................................... 7
13. DISCLAIMERS AND RESERVED RIGHTS ..................................................................................... 7
14. CONTRACT REQUIREMENTS ......................................................................................................... 7
ATTACHMENTS
ATTACHMENT A: Scope of Work and Technical Specifications
ATTACHMENT B: Pricing Table
ATTACHMENT C: Professional/Specialized Services Agreement
ATTACHMENT D: Insurance Requirements
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Page 1
City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
1. INVITATION
The City of Cupertino (City) invites proposal submittals from qualified Contractors to provide
specialized maintenance services at the Blackberry Farm Golf Course. The City is seeking to
secure a firm that has the required experience, qualifications, expertise, and resources to
perform the services identified in this Request for Proposal (RFP).
The Blackberry Farm Golf Course was constructed in 1962 and privately owned until the
City purchased the property in 1991. The course site is approximately 16‐acres and lies
within the Stevens Creek Corridor. The site includes a pro shop, staff office, restroom
facilities, and restaurant facility that is leased by the Blue Pheasant. The site is a 9‐hole
golf course, with a back tee yardage of 1,544 yards and a par of 29 (seven par 3’s and two
par 4’s). Approximately 28,000 rounds of golf are played at the course per year. Until
2002, City employees maintained the course. However, due to challenges in maintaining
an aging course, the City decided to seek an outside maintenance contractor at that time.
The City intends to review proposals received and select the highest qualified Contractor to
continue maintaining the Blackberry Farm Golf Course and execute a three‐year contract
commencing on January 1, 2026. The City shall retain the option to extend the term for up to
two (2) additional one‐year periods not exceeding a total of five (5) years.
2. PROJECT SCOPE OF WORK
The Contractor shall furnish all labor, tools, equipment, and materials, except as otherwise
specified, which are required to perform the maintenance assignments of the Blackberry Farm
Golf Course as outlined in the Scope of Work, Attachment A. Work tasks shall include, but are
not necessarily limited to those items listed in Attachment A. A maintenance building adjacent
to the golf course is available for the storage of equipment and materials necessary for regular
course maintenance.
The Contractor shall be prepared to provide maintenance of the Blackberry Farm Golf Course
with Contractor‐supplied equipment. All materials and supplies shall be of commercial quality
only and no additional charges shall be made by the Contractor for providing and maintaining
materials and equipment consistent with providing the services described in Attachment A.
The Contractor shall comply with all regulations and safety precautions listed on the product
and equipment labels.
The Contractor is required to be registered with the California Department of Industrial
Relations (DIR) and have a C‐27 Landscaping License and the Contractor or its subcontractor
must possess either a Qualified Applicator License (QAL) or a Qualified Applicator Certificate
(QAC).
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Page 2
City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
3. SUBCONTRACTORS
Subcontractors that will support the lead Contractor and may be included as a part of the
project team should be identified. The City is committed to securing high quality services that
will result in a successful program or project outcome. Subcontractor staff and experience shall
be included in the response to this RFP.
4. TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of prospective proposers and is
subject to change. Any such change will be stated in an addendum to this RFP. The tentative
RFP timeline is as follows:
5. OPTIONAL PRE-PROPOSAL WALK-THROUGH
The City will offer an optional pre‐proposal meeting for prospective proposers to learn about
the project and ask clarifying questions. This walk‐through will meet at the Blackberry Farm
Golf Course Parking Lot, located at 22100 Stevens Creek Blvd., Cupertino, CA 95014. The date
and time of the meeting is as follows:
Date: September 11, 2025
Time: 10:00 AM – 11:00 AM PST
6. SUBMITTAL REQUIREMENTS
The Proposal submittal is not to exceed 30 pages, excluding table of contents, cover letter, and
resumes for key personnel. The City prefers a quality submission over quantity and succinct,
responsive proposals are requested.
Contractor proposal submissions are to provide the following information:
• business type (corporation, partnership, sole proprietorship)
• firm’s organization structure,
• background and general qualifications,
• subcontractors, and
• recent experience with golf course maintenance projects in California, particularly in
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
the San Francisco Bay Area.
MINIMUM QUALIFICATION
In order for the proposal to be considered responsive, the Contractor must meet the
following minimum qualifications. Failure to meet these minimum qualifications may
deem the proposal non‐responsive.
1. Contractor must have an active and valid California C‐27 Landscaping License; and
2. Contractor, or its subcontractor, must have either a current Qualified Applicator License
(QAL), or a Qualified Applicator Certificate (QAC).
Demonstration of these minimum qualifications shall be attached to the Cover Letter.
The proposal shall be organized by tabs/dividers in the order of the sections as outlined below to
facilitate review, with subcontractor work identified within each task item:
A. Cover Letter ‐ The cover letter of interest shall include an overview of the firm’s
qualifications, specifically the demonstration of minimum qualifications, and the
name, address, and telephone number of the principal person the City shall contact
regarding the proposal and DUNS number of the Contractor. Identify the location of
the office(s) where the services will be performed.
Additionally, include the signature(s) of the company officer(s) empowered to bind
the firm, with the title of each (e.g., president, vice president, general partner), and the
acknowledgment of the receipt of any addenda, by number, if issued for this Request
for Proposals.
B. Project Team Qualifications and Experience – Identify the Project Manager and key
staff involved in delivering the services outlined in this RFP. Identify the role of each
and describe each team member’s experience, qualifications, and proposed role in the
project. Relevant information includes related public sector experience; dates,
approximate project cost and project duties/responsibilities.
Key firm personnel shall be referenced to personnel resumes (up to 2 pages each)
included in the proposal. Identify any subcontractors expected to be used in support
of this project including firm resume, key personnel staff resume, and qualifications
relative to their supporting role. Include an organization chart that identifies working
relationships with team members included.
C. Firm Qualification and Experience ‐ Provide (3) golf course maintenance
project/contract examples that are active or were completed in the past five (5) years
that represent the firm’s qualifications, expertise and technical capabilities to fulfill
all services specified and required to successfully accomplish the work. Information
regarding the project location, project description, scope of services performed,
project manager, subcontractors, and final contract cost is required. Include a single
client contact for each project listed.
D. Project Work Plan & Approach ‐ Present a well‐developed approach to the Scope of
Work, including procedures, methodologies, measures of effectiveness, team
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Page 4
City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
organization and scheduling of tasks to be performed as well as a statement outlining
the anticipated involvement of City staff. Specifically describe the proposed approach
for performing and delivering the required scope of services and the firm’s ability to
meet the City’s identified maintenance schedule, outlining the approach that would be
undertaken in providing the required services. Additionally, identify the approach to
resolve potential critical issues and other elements of concern that Contractor would
proactively identify.
Proposers are encouraged to suggest technical or procedural innovations that have been
used successfully on similar golf course maintenance projects and optional services that
may be used for the benefit of this Project.
E. Cost Proposal ‐ A cost proposal will be evaluated with the initial submittal and shall be
submitted in accordance with Section 10. The cost proposal shall include the cost for
tasks and hour and fee breakdown by the tasks detailed in the Scope of Work, and per
the Pricing Table template contained in Attachment B. Line items shall be broken out by
subtask, when appropriate.
F. Contract Acceptance ‐ The Contractor must specifically agree, in writing, to accept the
Professional/Specialized Services agreement, including specifically the City’s
Indemnification requirements and insurance coverage requirements, without
modification, in the submitted proposal. If a Contractor has proposed changes to the
Agreement, these must be submitted along with an explanation of the request as part of
their response to this Request for Proposal. The City reserves the sole right to accept,
reject or modify any proposed changes to the Agreement. Those documents are
included as Attachments to this Request for Proposal (RFP).
7. CLARIFICATIONS AND QUESTIONS
Questions and requests for clarification and/or additional information shall be directed in
writing via email to Molly James at MollyJ@cupertino.gov by September 22, 2025 by 5:00 PM
PST. Include “RFP for Blackberry Farm Golf Course Maintenance” in the subject line.
All responses to questions and/or clarifications will be provided by addenda and posted on
the City’s Business Opportunities webpage. To ensure prompt receipt of any additional
information, potential proposers are requested to sign up for the “Notification List” for this
RFP.
8. SUBMITTAL PROCESS
Interested firms must submit an electronic PDF format copy of their proposal on the City’s
Business Opportunities webpage at: https://apps.cupertino.org/bidmanagement/index.aspx
Firms will need to create an account to download RFP documents as well as to upload
Proposals. To submit a Proposal, open the RFP posting and select the Electronic Submission
tab.
Proposals shall be submitted no later than 5:00 pm PST on October 3, 2025, and are to be
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addressed to Molly James, Recreation Manager.
It is recommended that contractors familiarize themselves with the web application prior to the
due date. Make sure to follow all submittal instructions and include all required documents.
Submitting documents electronically can take more time than anticipated so please allow
enough time to finalize your submission by the stated deadline. Proposal submittals in process
but not completely uploaded by the deadline will automatically be rejected by the system. It
will not allow submissions once the deadline closes. Hard copies in any form will not be
accepted. No faxed submittals will be accepted. Electronic submittals are the only form of
submittal that will be accepted.
The Contractor is responsible for all costs associated with the Proposal submission.
9. EVALUATION PROCESS
Proposals will be evaluated by the City evaluation committee. Points will be assigned based on
the proposer’s qualifications, ability, approach, effectiveness, and efficiency in supporting each
item being rated with consideration for the selection criteria identified in Section 6.
Criteria Possible Points
1. Firm Description, Qualifications and Experience 20
2. Project Team, Qualifications and Experience 30
3. Proposed Work Plan and Approach 40
4. Cost Proposal/Pricing Table 10
Total Possible Points 100
After the City’s evaluation committee reviews all submitted written proposals, the top ranked
Contractors may be invited to deliver a presentation and participate in an interview. The details of
the interview will be provided in a letter provided to the Contractors invited. However, a final
determination of the highest ranked proposer and recommendation to proceed with contract
negotiations may occur without an interview selection process.
If an interview is conducted, it will occur after the proposals have been evaluated.
The evaluation committee will again rank the interviewed contractors, and the highest ranked
proposer will be identified, based on the best overall ranking among the committee members.
Contract negotiations will then begin with the highest ranked proposer. If negotiations with the
highest ranked contractor are not successful, in consideration of either the scope or cost, the second
ranked team will be invited to negotiate, and so on.
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10. COST PROPOSAL
A pricing table for the project will be evaluated with the initial submittal. The pricing table
(Attachment B) shall be submitted separately under the Fee Submission section in the Business
Opportunity webpage with Blackberry Farm Golf Course Maintenance in the subject line. The
pricing table will be further analyzed and negotiated with the highest‐ranked proposer in
alignment with the final scope of work prior to the issuance of a contract for the services
identified in this RFP.
The cost proposal shall include the following:
• Proposal price shall be inclusive of all costs to manage, furnish and install materials, and
implement all aspects of the Scope of Work and Technical Specifications, Attachment A.
• The lump sum price for each item must include all direct, indirect, overhead, and
markup. Final fee will be formalized in contract documents as a “not to exceed amount.”
• Line items shall be broken out by subtask, as indicated in the cost template. Proposers
must provide a price for each item in the cost template, even optional tasks.
• If optional tasks are proposed, those shall be identified individually. Approval of the
individual optional tasks is at the City’s discretion.
• No markups shall be allowed on reimbursable expenses and the maximum markup on
each subcontractor shall be 5%.
The pricing table approved in the final contract shall be used when contracted services are
increased or decreased through any future contract amendment.
11. SELECTION CRITERIA
Highly qualified Contractors will demonstrate the following evaluative criteria listed below,
not necessarily in order of importance, specifically in line with the evaluation criteria identified
in Section 8:
• Prior experience performing similar types and magnitude of work.
• Success and range of experience in previous projects, especially projects of similar scope,
including quality of work, success in meeting project deadlines, success in meeting
project budget, and related criteria.
• Qualifications and experience of key staff persons proposed to perform the work.
• Established structure and program for delivering assignments and ability to adhere to
schedules and budgets.
• Specific approach or solutions that align best with the expected scope of work.
• Ability to adapt to changes and factors throughout the process that may affect the
project outcome.
• Ability to provide a range of services that meet the project needs.
• Ability to meet the City’s schedule for the project.
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• Special knowledge material to the projects and their execution.
• Understanding and experience related to local, regional, and state agencies.
• Experience in Cupertino and the south San Francisco Bay Area.
• Firm organization and location.
12. SELECTION PROCESS
The City’s Purchasing Officer will recommend to the awarding authority the highest ranked
proposer who successfully negotiated the scope and cost with the City.
13. DISCLAIMERS AND RESERVED RIGHTS
This Request for Proposal does not commit the City to award a contract or to pay any costs
incurred in the preparation of a proposal or participation in response to this RFP.
The City reserves the right to accept or reject any or all proposals received, waive any
irregularities, negotiate with qualified proposers, select firms which, in its opinion, best serve
the City’s interests or cancel the Request. The City reserves the right to reject any proposal that
is determined to contain false, misleading, or materially incomplete information.
The City reserves the right to require any proposer to submit additional clarifying data or other
information the City deems necessary to substantiate the costs presented by the proposer. The
City may also require the proposer to revise one or more elements of its proposal in accordance
with contract negotiations.
14. CONTRACT REQUIREMENTS
Within ten calendar days of the date the selected Contractor is notified of award by the City it
shall execute a standard City of Cupertino Professional/Specialized Services agreement. The
Agreement will define basic contractual relationships with attachments that specify the Scope
of Services, compensation schedule, and deliverable schedule. A sample City
Professional/Specialized Services Agreement is attached to this RFP as Attachment C. Note that
the indemnity and insurance requirements that are included as Attachment D are identified in
the agreements and must be accepted without modification.
Business License Requirements: The Contractor and their subcontractor must hold or obtain
business licenses in the City of Cupertino for any work within City limits. If work for the City of
Cupertino is the only business within the City of Cupertino that the firm undertakes, no
business license is required per City of Cupertino municipal code.
A completed Internal Revenue Service Form W‐9 may also be required to establish the vendor
in the City’s Financial System.
Failure of the selected contractor to make a timely submission may result in a rescission of
acceptance of the proposal by the City and an award of the contract to another proposer.
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Attachment A – Scope of Work and Technical Specifications
The following services are to be performed after 5:30 a.m. and before 6:00 p.m. Power equipment of
any type (except for electric golf carts) are not allowed before 7:00 a.m. City owned golf carts are not
available for Contractor use.
1. PUTTING GREENS
1.1 Scope
Greens shall be maintained disease and weed free. Complete renovation of any green is not included
in this maintenance project.
1.2 Mowing Frequency
Greens to be mowed six times per week, year‐round. Contractor shall recycle grass trimmings in the
Green waste dumpster on‐site.
1.3 Height of Cut
The grass on the putting greens is to be 0.135 of an inch.
1.4 Changing Cups
Contractor shall change the cup location on each green daily, year‐round. Placement is to be at least
eight feet from the edge of the green, on a level surface. When requested, use the 1/3 rule – 1/3 of the
pins back, 1/3 pins middle, 1/3 pins up.
1.5 Fertilization
Contractor to collect soil samples six times per year to determine recommended nutrients, rates of
application and frequency of application, with the goal of a sustainable fertility program. Use organic
fertilizers, for example, Earthworks or approved equivalent. The City shall determine which of the
greens are to be tested. Contractor to use Logan Laboratories or City approved equal for soil testing
and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes,
specifications and policies, and at a minimum rate that is consistent with healthy turf.
1.6 Aerification/Top Dressing/Verti‐Cutting
Contractor is to perform DryJect aerification or equal two times per year in March/April and
September/October, and overseed with Pencross bentgrass in September. Perform a Dryject Maximus
aerification or equal in July. Verti‐cut greens monthly during the growing season.
Top‐dress with TD320 from TMT enterprises or City approved equal.
1.7 Pesticide Application
All pesticide application shall be completed by a qualified person in accordance with all applicable
laws, codes, specifications, and policies. Greens to be maintained disease and weed free. Apply all
chemicals sparingly. Applications shall be as per EPA regulations. Contractor must possess material
safety data sheets (MSDS) for all materials. All posting and re‐entry requirements must be followed.
Contractor to submit a written report of all pesticide applications every two months. Contractor to be
present at the annual pesticide use meeting conducted by the City. A recommendation by a licensed
Pest Control Advisor (PCA) that is familiar with the Blackberry Farm Golf Course and with its setting
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Qualified Applicator License (QAL) or is a Qualified Applicator Certificate holder (QAC) shall be on
site and provide oversight during applications is required. All work shall adhere to all laws,
regulations, and applicable guidelines for all pesticide applications. Contractor may be required to
obtain a Restricted Materials Use Permit and Notice of Intent from the County of Santa Clara Division
of Agriculture prior to any applications.
1.8 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creeks or ponds nor to
drainage inlets that discharge to creeks or ponds.
1.9 Interseeding
Contractor shall interseed greens with City approved mix of creeping bentgrass two times per year,
in the spring and fall at a rate of 2 lbs. per 1,000 square feet unless otherwise directed.
1.10 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
2. COLLAR MAINTENANCE
2.1 Mowing Frequency
Collars to be mowed two times per week in the spring, summer, and fall. Collars to be mowed one
time per week in the winter.
2.2 Height of Cut
The grass on the collars is to be ½ inch year‐round.
2.3 Fertilization
Fertilization of the collars to be applied in the same manner as the greens.
2.4 Weed Control
Weed control of the collars to be applied in the same manner as the greens.
3. TEE MAINTENANCE
3.1 Mowing Frequency
Tees to be mowed three times per week in the spring, summer, and fall. Tees to be mowed two times
per week in the winter.
3.2 Height of Cut
The grass on the tees is to be ½ inch year‐round.
3.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
to use. Contractor to use Logan Laboratories or City approved equal for soil testing and
recommendations. Fertilizer to be applied four times per year in March, May, late August and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be 114
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applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
3.4 Aerification
Contractor to aerate four times per year in May and October and as needed.
3.5 Overseeding
Contractor to overseed four times per year with perennial rye grass, at eight pounds per 1,000 square
feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
3.6 Tee Markers
Contractor shall move and rotate daily. Keep 10 feet apart and eight feet from back of tee box (except
where markers do not allow).
3.7 Permanent Yardage Markers
Contractor to keep markers visible at all times.
3.8 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall.
Broadleaf weed control shall at a minimum control English daisy, clover, spurge, and chickweed.
Contractor to apply one crabgrass control in spring. The appearance of other broad leaf weeds will require
the use of appropriate control measures. All weed controls shall be applied in accordance with all
applicable laws, codes, specifications, and policies.
3.9 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
3.10 Seed and Topsoil Tees
Contractor to place seeds and sand/organic compost mix on tees daily to repair divots.
3.11 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
4. FAIRWAY MAINTENANCE
4.1 Mowing Frequency
Two to three times per week in growing season and one to two times per week in winter.
4.2 Height of Cut
Fairway grass shall be kept at ¾ inch year‐round.
4.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
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recommendations. Fertilizer to be applied four times per year in March, May, late August, and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be
applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
4.4 Aerification/Verti‐Cutting
Contractor to aerate, verti‐cut one time per year in April or May.
4.5 Overseeding
Contractor to overseed one time per year with perennial rye grass, at eight pounds per 1,000 square
feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
Perform spot overseeding as needed with perennial rye grass.
4.6 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed
control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply
one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable
laws, codes, specifications, and policies.
4.7 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
4.8 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
5. ROUGH MAINTENANCE
5.1 Mowing Frequency
Rough to be mowed two times per week, year‐round.
5.2 Height of Cut
Rough to be kept at a height of 1 to 1 ½ inches, year‐round.
5.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer
use. Contractor to use Logan Laboratories or City approved equal for soil testing and
recommendations. Fertilizer to be applied four times per year in March, May, late August, and
October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be
applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates
consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing
runoff from getting into creek areas.
5.4 Aerification/Verti‐cutting
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5.5 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed
control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply
one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable
laws, codes, specifications, and policies.
5.6 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain
inlets that discharge to creek areas.
5.7 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans,
bottles, tree branches, etc.).
6. EQUIPMENT AND STORAGE
6.1 Green Equipment
The City encourages the contractor to use environmentally‐friendly, or green, equipment and
supplies for this contract. Any portable motorized landscape equipment used for maintenance is
required to have a noise level reading of 65dBA or less measured at a distance of 50 feet, as certified by
the manufacturer, per municipal code 10.48.010.
6.2 Equipment Maintenance
All mowing equipment shall be on a regular preventative maintenance schedule for hydraulic and
oil lines to minimize damage to turf and protect the creek and wildlife habitat from leaks. Hydraulic
hoses shall be changed off‐site every six months.
6.3 Greens
Mowing equipment shall be nine or more bladed and a reel‐type mower with a frequency of cut at a
minimum of .25 at 3.6 mph.
6.4 Tees
Mowing equipment shall be seven or more bladed and a reel‐type mower with a frequency of cut at
a minimum of .53 at 4.2 mph.
6.5 Fairways
Mowing equipment shall be six or more bladed and a reel‐type mower with a frequency of cut at a
minimum of .67 at 5 mph.
7. PARKING LOT AT GOLF COURSE ENTRANCE
7.1 Sweeping
Contractor shall sweep every two weeks. Manually using a blower is acceptable during the hours of
7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code
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7.2 Loose Trash and Garbage Cans
Contractor shall pick up trash and check area daily. Contractor shall remove and dispose all trash from
the parking lot.
7.3 Broken Glass/Bottles
Contractor shall pick up and dispose of broken glass or similar potentially harmful materials immediately.
8. MAINTENANCE BUILDING/AREA
8.1 Building
Contractor shall not enter the maintenance building before 5:30 a.m. Contractor shall inspect all
equipment for leaks daily. Contractor shall fix leaks and clean up any spills or leaks immediately.
Contractor may use the building to store any equipment or materials necessary for regular course
maintenance. Contractor shall not store any equipment or vehicles in the maintenance building, that
are not used for regular course maintenance. No barbecues, washing of personal cars, or fires of any
kind are allowed. Smoking is not allowed anywhere on the course, patio area, maintenance building
or adjacent parking lot, per municipal code 10.90.020.
8.2 Restrooms at Maintenance Building
Public restrooms exist on the golf‐facing side of the golf maintenance building. The public restrooms
will be cleaned and maintained by the City or the City’s designee.
8.3 Green Waste Dumpster
Contractor shall contact the City supervisor when the green waste dumpster is full. City is
responsible for emptying dumpster. Contractor is responsible for keeping the area around dumpster,
free of garbage and debris. Green waste dumpster is to be used for debris collected as a result of golf
course maintenance only.
8.4 Blackberry Farm Park Dumpsters
Contractor may dispose of garbage and recycling collected as a result of golf course maintenance
only, in the designated dumpsters at Blackberry Farm Park.
9. ENTRY AREA AND PRO SHOP GROUNDS
9.1 Flower Beds
Contractor shall replant the two planter boxes located near the pro shop, a minimum of two times per
year. Contractor shall weed, mulch, water, and replenish as needed, year‐round. The planter box
located on the number one tee measures approximately 4.5 feet by 35.5 feet (160 sq. ft.). The planter
box located near the entrance gate, measures approximately 8 feet by 34 feet (272 sq. ft.).
9.2 Landscape Shrubbery
Contractor shall trim monthly and as needed.
9.3 Patio and Walkways
Contractor shall sweep daily. Manually using a blower is acceptable during the hours of 7:00 118
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a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code 10.48.051.
9.4 Trash and Recycling Containers
Contractor shall pick up trash and empty trash cans located on the patio, daily. Contractor shall
empty the cardboard recycling containers located next to the pro shop at least one time per week.
9.5 Foot Brushes and Air Hose
Contractor shall clean and check weekly and replace when worn.
9.6 Leaks from Contractor‐owned Golf Carts
Contractor shall clean immediately.
10. IRRIGATION
10.1 Maintenance
Contractor shall maintain the irrigation system, including irrigation main and lateral lines, sprinkler
heads, valves, and controllers in good operation, functioning properly, and conforming to related
laws, codes, and regulations. Leaks in the irrigation system shall be repaired by the Contractor.
Contractor shall provide an itemized cost proposal that includes labor rate and materials for the repair
of leak using the Hourly Rate table in Attachment B. Any damage to the irrigation system caused by
Contractor’s equipment or carelessness while carrying out maintenance operations shall be repaired
without charge.
10.2 Frequency
Contractor shall irrigate as required to maintain adequate moisture for growth rate and appearance.
Contractor is to hand water, as needed, all portions of the course that do not receive adequate water
from the irrigation system. Irrigation shall be performed at night or early morning when it does not
interfere with golf play. Irrigation controller programs shall be adjusted as required.
10.3 Water Conservation
Irrigation controllers shall be programmed to maintain course appearance and health of vegetation
while maximizing water conservation. Contractor may be required to reduce irrigation on the
tees, fairways, and rough while providing the necessary water to keep the greens healthy at all times.
Adjustments to the irrigation cycle may also be necessary to meet any drought restrictions imposed
by Santa Clara Valley Water District and California State Water Board.
10.4 Monitoring
Contractor shall check the system daily, year‐round. Contractor shall make corrections for coverage,
clogging of lines, removal of obstacles, tilting of heads, and management of pant materials that
obstruct the spray, as they occur.
10.5 Wind Problems
In areas where wind creates problems of spraying on to private property or road rights of way,
operation shall occur during a period of lowest wind velocity.
10.6 Testing for Adequate Soil Moisture
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removed by soil probe, and moisture sensor devices.
10.7 Water Cost
Water costs shall be paid by the City.
11. OTHER AREAS
11.1 Benches and Tee signs
Contractor shall immediately remove any damaged bench and notify the City. City is responsible for
replacing benches and tee signs.
11.2 Ball Washers
Contractor shall check for water and soap and supply these daily. Contractor shall replace tee towels
monthly or more often if towel is frayed, discolored, or aesthetically unpleasing. City is responsible
for replacing ball washers.
11.3 Trash Cans
Contractor shall empty trash cans located on the course, daily, or more frequently if trash cans are
overflowing. City is responsible for the replacement of trash receptacles.
11.4 Debris and Trash
Contractor shall remove immediately and dispose of debris and trash in a safe and legal manner.
11.5 Tee Markers
Contractors shall have two sets on each hole. Missing or broken markers shall be replaced
immediately.
11.6 Yard Markers
Contractor shall replace any yard markers as needed.
11.7 Out of Bounds and Hazard Stakes
Contractor shall replace out of bounds or hazard stakes, immediately, if missing or broken.
11.8 Flags, Poles, and Cups
Contractor shall replace flags, poles, and cups including at the nine‐hole foot golf course, when they
are discolored, frayed, or damaged in any way.
11.9 Sand Traps
Complete renovation of any sand trap is not included in this maintenance project. Contractor shall
rake daily. Contractor shall keep sand at a minimum of four inches in depth and keep clear of all
weeds. When using a power rake, Contractor shall stay approximately one foot from edge of trap.
When hand‐raking edge of trap, sand shall be pushed inward on the low side and pulled outward
on the high side. Contractor shall edge traps monthly and as needed. Sand shall not be dragged out
of the trap when exiting the trap with a power rake.
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11.10 Sand Trap Rakes
Contractor shall keep two rakes per sand trap, or more, as needed. Missing or broken rakes shall be
replaced immediately.
11.11 Trees
Any tree removal or tree replacement is the responsibility of the City. Contractor shall keep all trees
trimmed at least eight feet from the ground to prevent damage to golf cart tops and maintenance
equipment, except for trees and shrubs along the creek which shall only be trimmed as acceptable
by City staff. Contractor shall maintain trees in a safe, healthy, and aesthetically pleasing condition
at all times. Contractor shall mow, weed, and/or mulch tree wells as needed. Contractor shall
immediately remove any broken tree limbs. Downed brush shall be removed as soon as possible. All
trimmings or debris shall be removed from the course unless they are chipped and used for mulch
on site. City shall be responsible for removal of dead or fallen trees unless the dead or fallen tree was
a result of the Contractor’s negligence.
11.12 Weed Control (Non‐Selective)
Contractor shall use mechanical method of trimming or removing undesirable vegetation in tree
wells, perimeter and interior fence lines, barriers, railroad ties, delineators, and along edges of golf
play areas that are along the creek or associated native planting areas.
11.13 Foot Bridge
Contractor shall inspect the foot bridge daily for safe conditions and repair the structure immediately
when necessary.
11.14 Driving Range
Contractor shall cut grass weekly. Contractor to collect soil samples six times per year to determine
the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved
equal for soil testing and recommendations. Fertilizer to be applied four times per year in March,
May, late August, and October. The application rate shall be at the manufacturer’s recommended
rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications,
policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent
fertilizer or fertilizer‐containing runoff from getting into creek areas.
11.15 Perimeter Fencing
City is responsible for all repairs and replacement of perimeter fencing and safety netting.
11.16 Vandalism and Graffiti
Contractor is responsible for the removal/repair of graffiti and vandalism to Contractor‐ owned
property. City is responsible for the removal/repair of graffiti and vandalism to any City‐owned
property.
11.17 Wildlife
In accordance with Cupertino Municipal Code 8.01.160, “no person shall use a leg‐hold steel jawed
trap, steel jawed trap, or steel leg‐hold trap, as defined in Fish and Game Code Section 4004, in any
urban service area boundary, as defined in Government Code Section 56080.”
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12. BLACKBERRY FARM WEST SIDE RESTROOMS
Contractor shall open the restrooms located on the west side of the park between 6:00 a.m. and 6:30
p.m. on the weekends and holidays except for December 25 and January 1. City shall provide
Contractor a list of observed holidays by December 1, each year.
13. RECYCLING OF VEGETATION
13.1 Recycling Required
Contractor shall recycle all vegetative material generated. No clippings may be dispersed in the rough
or on the fairways. Clippings may be recycled in out of play areas in amounts and locations approved
by the City. Clippings may not be recycled on the creek bank or within 8 feet of the creek edge or in a
manner that might result in clippings getting into the creek channel at any time. If buildup of pine
needles, leaves and grass clippings become excessive in these areas the Contractor will be required to
remove them and place them in the vegetation recycling containers provided by the City.
13.2 Recycling Facilities
The City shall provide vegetation recycling containers which will consist of toters or bins as required by
the quantity of material generated from the maintenance operations.
14. WILDLIFE CONSIDERATIONS
Contractor is to note that a number of federally‐ and state‐protected wildlife species inhabit the Stevens
Creek corridor and portions of the golf course. Among the species are steelhead fish, turtles, woodrats,
various birds of prey such as hawks, owls and white‐tailed kites, and various migratory birds and
songbirds. These animals and their habitat are protected by various federal and state regulations. Those
regulations affect activities that could affect wildlife directly or indirectly, including actions on the golf
course that could affect the creek and its water quality. Such actions include fertilizer use, pesticide use,
irrigation practices, operation of the golf course ponds, vehicle washing, and other procedures.
Contractor shall meet with City staff and representatives annually to review maintenance activities
relative to these considerations. Contractor is encouraged meet with City representatives more
frequently as needed to ensure compliance. Further considerations are noted below.
15. NESTING BIRDS
Contractor shall be aware of nesting birds on trees within the golf course. If tree trimming or removal is
required during the nesting period, the Contractor shall conduct a survey for nesting birds on the entire
golf course prior to performing the work.
16. TERRESTRIAL WILDLIFE
Vegetation Trimming and Removal: No vegetation along the creek edge or any trees in any location on
the golf course shall be trimmed or removed from February 1 to August 31, unless it has been
reviewed for presence of nests and protected wildlife by a biologist or qualified professional or City
Staff.
Tree Removal: Certain trees are protected by City ordinance. No tree shall be removed or significantly
pruned without advance approval by the City representative.
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Bird Breeding Season: Breeding season for raptors, birds of prey such as hawks and owls, is normally
from February 1 to August 31, with highest activity usually from early or mid March onward. Most
such birds and their nests and breeding are protected by law. Routine golf course operations may
proceed during breeding season. However, during this time contractor shall endeavor to reduce
disturbing activities, such as loud noises or vibration, within 250 feet of a raptor nest site and within
400 feet of a white‐tailed kite nest site. Songbird nests are generally protected within a 100 foot radius.
Rodenticide Use: Use of any and all rodenticides [to poison squirrels, gophers, mice, rats] or chemicals
is banned, unless authorized in advance in writing by the City.
Lighting: Contractor is to minimize use of nighttime lighting, especially in the vicinity of the creek.
Contractor is to operate the golf maintenance facility in a manner that minimizes use of outdoor
lighting to the extent feasible. Lights shall only be used when workers are present unless the City
provides advance authorization in writing. This stricture applies to outdoor lighting of the
maintenance yard.
Emissions: Contractor is to minimize the use of exhaust‐ and emission‐producing equipment to the
extent compatible with performance of the work (See 6.1 Green Equipment). Contractor shall favor
the use of equipment powered by electrical, batteries or hand rather than diesel, gas or oil, as feasible.
Wildlife Reporting: Contractor shall report any observations of the following to the City representative
within 1 working day:
• active raptor nests
• turtles
• woodrats [potentially San Francisco dusky‐footed woodrat]
• frogs [potentially California red‐legged frog]
• salamanders [potentially California tiger salamander]
• other potentially protected wildlife
17. AQUATIC WILDLIFE
Federally‐threatened steelhead inhabit the section of Stevens Creek that is adjacent to the golf
course, year round. This fish species is highly protected. Their survival depends on clean cool
water, free of harmful levels of fertilizers, pesticides, storm water runoff pollutants, and organic
waste. The principal methods to achieve this are minimizing total use of these contaminants,
restricting the type of inputs, and having an acceptable method of application via an Integrated
Pest Management Plan (IPM). The City has adopted such a plan as discussed elsewhere in this
document.
Contractor is strongly encouraged to operate in conformance with Pilot Salmon Safe Certification
Standards for Golf Courses, latest version (May 2018, Version 1.3) available at www.salmonsafe.org
and compliance with the City’s NPDES permit.
Due to adverse impacts on fish and aquatic wildlife, use of the following pesticides is not allowed.
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Table from Salmon-Safe Urban Standards Version 3.0, April 2021
If use of any of these pesticides is desired, Contractor must submit written documentation to City
to demonstrate a clear need for use of the pesticide, that no safer alternatives exist, and that the
method of application (such as timing, location, and amount used) represents a negligible risk to
water quality and fish habitat. Contractor must secure authorization in advance from City and any
involved regulators including Resource Agencies that use of the pesticide may proceed.
Note that some of these pesticides are included on the San Francisco Reduced Risk Pesticide List
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(“SF List”). They are hereby deleted from the SF List since they are not suitable for use near creeks
and include but are not limited to:
• Triclopyr
These pesticides are not to be used on the golf course unless written authorization is secured in
advance.
18. WATER QUALITY CONSIDERATIONS: PROTECTION OF CREEK & PONDS
Runoff: No runoff from any applications of chemicals, pesticides or fertilizer shall flow into creeks or
ponds, including runoff from allowable products. No runoff other than clean rainwater shall flow
into the creek. Contractor shall consider weather conditions and watering regimes in order to
schedule application of fertilizer, pesticides and chemicals in a manner that prevents runoff to creeks
or ponds. Contractor shall operate irrigation system and watering activities in a manner that prevents
irrigation runoff as well. Contractor shall monitor and test for runoff of any chemicals, pesticides, or
fertilizer to ensure runoff does not occur.
Equipment Washing: All equipment shall be washed within the equipment wash off area in the golf
maintenance yard, or in an equivalent offsite facility that filters wash water and is connected to the
sanitary sewer system. Screens shall be cleaned of grass clippings and other material after each use.
No washing is permitted elsewhere.
Pond Maintenance: Ponds shall be kept free of excessive vegetation. Vegetation removal shall be
done with hand or mechanical means. Such removal shall be timed to avoid wildlife breeding
seasons in consultation with the City. Timing will ordinarily be September to January, or
potentially as late as mid‐March if nesting and protected wildlife are not present. Contractor shall
avoid vegetation management during the nesting season. Locally native vegetation are acceptable
to be planted.
A pond outlet/overflow pipe within the lower pond provides an emergency discharge to the creek.
This outlet pipe must be capped at all times with a tight, sturdy, secure, 3/32” square mesh or
tighter screen that is acceptable to City. If slotted the maximum opening width is 1/16”. Pond water
level shall be maintained sufficiently below the outlet pipe elevation such that NO POND WATER
ENTERS THE OUTLET nor flows to the creek. Contractor shall check the screen to ensure that it is
tight, intact and clear at least monthly and shall maintain the mesh in a clear clean condition.
When ponds are in operation, ponds shall be maintained with adequate water level to maintain
habitat for existing fish and wildlife populations, unless the City authorizes otherwise. Ponds shall
be operated in a manner that prevents algae growth. Avoid over fertilization that contributes to
algae growth.
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Attachment B – Pricing Table
Item Description Unit Estimated Unit Price Total ($)
1 Attachment A, Putting Greens, Tasks
1.1 – 1.10, each month, January 1, 2026, Month 36
2
Provide all services as set forth in
Attachment A, Collar Maintenance,
Tasks 2.1 – 2.4, each month, January 1,
2026, through December 31, 2028
Month 36
3 Attachment A, Tee Maintenance,
Tasks 3.1 – 3.11, each month, January Month 36
4 Attachment A, Fairway Maintenance,
Tasks 4.1 – 4.8, each month, January 1, Month 36
5 Attachment A, Rough Maintenance,
Tasks 5.1 – 5.7, each month, January 1, Month 36
6
Attachment A, Equipment and
Equipment Storage, Tasks 6.1 – 6.5,
each month, January 1, 2026, through
Month 36
7
Attachment A, Parking Lot at Golf
Course Entrance, Tasks 7.1 – 7.3, each
month, January 1, 2026, through
Month 36
8
Attachment A, Maintenance
Building/Area, Tasks 8.1 – 8.4, each
month, January 1, 2026, through
Month 36
9 Attachment A, Entry Area and Pro
Shop Grounds, Tasks 9.1 – 9.6, each Month 36
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December 31, 2028
10 Attachment A, Irrigation, Tasks 10.1 –
10.6, each month, January 1, 2026, Month 36
11
11.1 Each 1
11.2 Month 36
11.3 Month 36
11.4 Month 36
11.5 Each 1
11.6 Each 1
11.7 Each 1
11.8 Each 1
11.9 Month 36
11.10 Each 1
11.11 Month 36
11.12 Month 36
11.13 Month 36
11.14 Month 36
11.15 Each 1
12 restrooms on the west end of the park
on weekends and holidays, except Hours 60
TOTAL COST
Services – Hourly Rate
Services
Hourly
Services
Hourly
A Labor Rates
Position:
Position:
Position:
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Master Professional/Specialized Services Agreement/ Rev. April 2024
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MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH
1.PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and (“Contractor”) a
for , and is effective
on the last date signed below (“Effective Date”).
2.SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services,
attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this
Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in
accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further
agrees to carry out work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in
writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written
proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which
the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and
incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of
Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a
Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures
based on the City’s best interests. Contractor will not be compensated for Services performed without a
duly authorized and executed Service Order.
2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the
City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any
other solicitation regarding a subsequent or additional contract with the City. The City shall at all times
retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall
be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the
City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have
access to the same information, including all conceptual, preliminary, or initial plans or specifications
prepared by contractor pursuant to this agreement.
3.TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head
or City Manager may extend the Contract Time through a written amendment to this Agreement, provided
such extension does not include additional contract funds. Extensions requiring additional contract funds
are subject to the City’s purchasing policy.
Attachment C
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each
Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and in
each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the
Services on time. Contractor must respond promptly to each Service Order request.
4.COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a
total amount that will based upon actual costs but that will be capped so as not to exceed $
(“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The
maximum compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the
rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service
Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must
state a description of the deliverables completed and the amount due for the preceding month. Thirty (30)
days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete
payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City
of any further payment or other obligations under the Agreement.
5.INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of
City. Contractor is solely responsible for the means and methods of performing the Services and for the
persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s
compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they
have the qualifications and skills to perform the Services in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are
properly licensed, registered, and/or certified to perform the Services as required by law and have
procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement
Prior written approval from City is required for any subcontractor, and the terms and conditions of this
Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment
required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
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and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall have
no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event
that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on
behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of City, and
actual attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details the disclosure of which
to third parties may be damaging to City. Contractor shall hold in confidence all City information and
use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City
information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out
of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
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(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection
with the performance of this Agreement, including but not limited to correspondence between
Contractor and any third party, are public records under the California Public Records Act, California
Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of
public records and shall make such records available to the City upon request by the City, or in such
manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute
resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any
manner relating to any of the following:
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(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor
will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C,
and must maintain the insurance for the duration of the Agreement, or longer as required by City. City
will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and
endorsements evidencing the type, amount, class of operations covered, and the effective and expiration
dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and
without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s
compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
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13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide
by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14.PROJECT COORDINATION
City Project Manager. The City assigns as the City’s representative
for all purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns
as its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with City instructions, service orders and the
Schedule of Performance. Contractor must regularly update the City’s project manager about the
status, progress and any delays with the work. City’s written approval is required prior to Contractor
substituting a new Representative which shall result in no additional costs to City.
15.ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
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closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time
expended to date in the performance of the Services.
16.TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
17.GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law
and substantial evidence and include detailed written findings of law and fact.
18.ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19.THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20.WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21.ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the
Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main
Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the
main Agreement shall prevail and be controlling.
22.INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
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23.HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit, or amplify the terms or provisions of this Agreement.
24.SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
25.SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26.NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention:
Email:
Attention:
Email:
27.EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
is deemed an original and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
CONTRACTOR
By
Name
Title
Date
APPROVED AS TO FORM:
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
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Insurance Requirements for Professional/Specialized Services Agreement
1
Version: May 2025
Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its
own cost and expense, the following insurance policies and coverage with companies doing business in California
and acceptable to City.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form
CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000
products and completed operations aggregate. The policy shall include a per project or per location general
aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not
available, the limit of the general aggregate shall be doubled.
a.It shall be a requirement that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and
shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum
limits of coverage of any insurance policy, whichever is greater.
b.Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as
the most recent edition of ISO CG 20 01.
c.The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
liability insurance, provided each policy follows form of the underlying policy and complies with the
requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain
a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own
insurance or self-insurance shall not be called upon.
2.Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering
any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9),
with limits no less than $1,000,000 each accident for bodily injury and property damage.
Not required. Consultant shall be fully remote and not use automobiles to provide the service.
In the event Consultant uses an automobile or automobiles in the operation of its business to provide
services under this Agreement, the Consultant shall, prior to such use, provide the City with
evidence of Business Automobile Liability insurance coverage in the amount required under this
Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not
own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with
a Certificate of Insurance, along with an additional insured endorsement in favor of the City,
primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and
endorsement under the policy prior to the use of any automobile.
Consultant has provided written confirmation that it does not own any autos. Consultant shall
provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-
Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile
Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or
automobiles in the operation of its business to provide services under this Agreement, the
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Attachment D
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Insurance Requirements for Professional/Specialized Services Agreement
2
Version: May 2025
Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability
insurance coverage in the amount required under this Section 2 for owned, non-owned and hired
autos (any auto-Symbol 1).
In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of personal
automobile insurance coverage in accordance with the laws of the State of California. As available
under the policy, evidence shall be provided with the Certificate of Insurance, along with an
additional insured endorsement in favor of the City, primary and non-contributory coverage and
endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is
required prior to commencement of services.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 each accident / disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to
Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If written on a claims-made basis form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have the following conditions and
provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional
Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability
policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as
broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG
20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used.
Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed
primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not
contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will
not provide the required notice of cancellation or policy modification, the Contractor shall provide written
notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in
advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the
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Insurance Requirements for Professional/Specialized Services Agreement
3
Version: May 2025
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability,
Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of
subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This
provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from
the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate
of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible
or self-insured retentions as respects the City/Additional Insureds; or Contractor must show proof of ability to
pay losses and costs related investigations, claim administration and defense expenses. The policy shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the
City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-VII
or higher.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to
commencing the Services. However, failure to obtain the required documents prior to the work beginning shall
not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies
of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor
shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage
subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Higher Insurance Limits
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Contractor.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
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CITY OF CUPERTINO
Agenda Item
Subject: Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings and
Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code
and Fire Code, for consistency with Assembly Bill 130 and making local exceptions as mandated by
the State of California
1. Introduce and conduct the first reading of Ordinance No. 25-2278: “An Ordinance of the City
Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.10, 16.16, 16.20,
16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the Cupertino
Municipal Code adopting the California Building, Residential, Electrical, Mechanical,
Plumbing, Energy, Wildland-Urban Interface, Fire, Historical Building Code, Fire, Existing
Building Code, Green Building Standards Code, Referenced Standards Code, Uniform
Housing Code, and Property Maintenance Code with certain exceptions, deletions,
modifications, additions and amendments”;
2. Adopt Resolution No. 25-092 making factual findings with respect to the local geological,
topographical, and climatic conditions necessary to make local amendments to the California
Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections
15061(b)(3) and 15308.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
November 4, 2025
Subject
Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings and Construction,
of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire
Code, for consistency with Assembly Bill 130 and making local exceptions as mandated by the
State of California
Recommended Action
1. Introduce and conduct the first reading of Ordinance No. 25-XXX: “An Ordinance of the
City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.10, 16.16,
16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the
Cupertino Municipal Code adopting the California Building, Residential, Electrical,
Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire, Historical Building Code,
Fire, Existing Building Code, Green Building Standards Code, Referenced Standards
Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions,
deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 25-XXX making factual findings with respect to the local geological,
topographical, and climatic conditions necessary to make local amendments to the
California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations
Sections 15061(b)(3) and 15308.
Background
The Building Standards Commission (BSC) mandates the California Code of Regulations, Title
24, also referred to as the California Building Standards Code be adopted by local jurisdictions.
The California Building Standards Code is published in its entirety every three years by order of
the California legislature, with supplements published in intervening years. The local Tri-chapter
Uniform Code Committee (TUCC) is made up of local Building Officials serving communities in
the East Bay (East Bay Chapter), communities along the peninsula from as far north as San
Francisco and as far south as Gilroy (Peninsula Chapter) and communities serving the Monterey
County area (Monterey Chapter) and takes on the responsibility to review and amend the model
codes to enhance regional consistency in application and enforcement of the adopted codes. The
committee develops standardized codes, interpretations and local amendments to maintain
consistency from one jurisdiction to another.
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The State of California allows local municipalities to modify the state adopted building standards
to make them more restrictive (not less), provided certain findings are made that the proposed
modifications are necessary due to special local climatic, geological or topographical conditions
that can affect the health, welfare and safety of local residents. Pursuant to Health and Safety
Code 17958, 18941.5 and 13869, Administrative standards do not require a justification or findings
to justify proposed amendments. Building Standards, including Green Building Standards, must
be justified on the basis of one or more local climatic, geological or topographical conditions.
Justifications following the table of amendments to Title 16 of the Cupertino Municipal Code
discuss reasons and justifications for each amendment. Each amendment is identified by the
Section number used in the proposed Ordinance. The Building and Fire codes were made
available to the public in the City Clerk's office prior to the adoption of this ordinance as required
by law.
Local Amendments:
California’s Health and Safety Code (HSC) requires local jurisdictions to adopt the California
Building Standards Code for local enforcement with 180 days after Title-24, California Code of
Regulations (C.C.R.) is published. In adopting Title-24 for local enforcement, the jurisdiction may
amend the standards if such amendments are necessary to address a local geologic, topographic
or climatic condition. Cupertino has worked with other local jurisdictions in the Bay Area to
ensure consistency among amendments as part of the TUCC. The Local Amendments included
in the code adoption package that are recommended to be adopted by City Council are more
stringent than the State Codes and are identified in Exhibit A of the “Matrix Table for Justification
and Findings for Local Amendments”.
Here is a summary of the significant changes to our ordinance:
The Ordinance reflects the state mandated adoption of the 2025 edition of the California
Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface,
Historical Building, Fire, Existing Building, Referenced Standards and Green Building
Standards codes by a single ordinance.
The Fire Protection and Life Safety System requirements of Section 903.2 for both the
Building and Fire codes have been updated to better define when fire sprinkler protection
systems are required.
The administrative portion of the code has been re-organized and cleaned up in the 2025
California Code of Regulations. Revised the ordinance to match.
The Wildland-Urban Interface requirements that used to be sections within the Residential
and Building Codes has been relocated into Part 7 of the California Code of Regulations –
Title 24.
The amendments made to the Energy Code under Ordinance No. 2265 for the electrical
make ready provisions have been included in the 2025 Energy Code which results in these
amendments being unnecessary.
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Building Code Statement of Findings:
Amendments to the 2025 California Code of Regulations are reasonably necessary for the
protection of the public health, safety and welfare, due to the local climatic, geologic or
topographical conditions specified as follows:
The Bay Area region is a densely populated area having buildings constructed over and near a
vast array of fault systems capable of producing major earthquakes, including but not limited to
the recent 1989 Loma Prieta Earthquake. Seismically, Cupertino is situated adjacent to active
earthquake faults capable of producing substantial seismic events. The city has the San Andreas
and Sargent-Berocal faults running through the lower foothills and the Monta Vista fault system
closer to the valley floor area. The Hayward fault is just northeast of the city which would have a
major effect upon the City if it were to rupture. Adding to this threat, the number of vehicles
driven in Cupertino is steadily increasing with commuters driving to and through the city either
to their homes, shopping and/or places of employment. Since the City is divided by major
freeways and expressways, the occurrence of a major earthquake would significantly impact the
ability of fire crews to respond to emergencies should one or more freeway/expressway bridges
collapse or be substantially damaged.
Some of the amendments include structural provisions of the code that were reviewed and
recommended by the TUCC. These proposed amendments are necessary for the protection of the
public health, safety and welfare, due to the local climatic, geologic or topographical conditions.
Fire Code Statement of Findings:
Amendments to the 2025 California Fire Code are reasonably necessary for the protection of the
public health, safety and welfare, due to the local climatic, geologic or topographical conditions
specified as follows:
The City of Cupertino experiences low humidity, high winds and warm temperatures during the
summer months, creating conditions which are particularly conducive to the ignition and spread
of grass, brush and structure fires. Additionally, the City of Cupertino is geographically situated
adjacent to active earthquake faults capable of producing substantial seismic events. Since the
City of Cupertino is divided by an active Union Pacific railway service line (freight), creeks,
highways, and other substantial traffic corridors, the occurrence of a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should one or more
bridges collapse or be substantially damaged. In addition, fire suppression capabilities would be
severely limited should the water system be extensively damaged during the seismic event.
Therefore, mitigation measures are necessary such as: automatic fire suppression systems,
communications systems, access to buildings, seismic protection, safety controls for hazardous
materials and other safeguards to minimize the risks to citizens, firefighters and property due to
the severity of the fire threat and potential response delays.
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The local Fire Code amendments to the California Fire Code provided by Santa Clara County
were developed by the Santa Clara County Fire Marshals Association and endorsed by the Santa
Clara County Fire Chiefs Association. The intent is to have consistency in the application of codes
related to fire safety. The amendments have been provided to all Cities within the Santa Clara
County Fire Department jurisdiction, as well as surrounding County jurisdictions, to be included
in their respective code adoption package for consistency of enforcement.
Sustainability Impact
The 2025 Green Buildings Standards Code and 2025 Energy Code supports Cupertino’s
sustainability strategy by increasing requirements in several key areas. For example, electric heat
pumps are now the preferred form of space conditioning statewide in the 2025 Energy Code.
Another example is a new requirement that requires the installation of additional electric vehicle
infrastructure and chargers for residential projects. These statewide changes, in addition to
Cupertino’s locally adopted green building provisions, are important tools to implement the
Climate Action Plan 2.0.
Effective Date of Code Adoption:
July 1, 2025, the BSC published the 2025 edition of the California Building Standards Code. The
2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Wildland-
Urban Interface Code, Historical Building Code, Existing Building Code, Referenced Standards
Code, and Green Building Standards Codes as mandated by the State of California will become
effective on January 1st, 2026. Plans submitted after January 1st, 2026, will be required to comply
with the new 2025 California Codes along with the local adopted amendments.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Sean Hatch, Building Official
Reviewed by: Ben Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Draft Ordinance amending Title 16 of the Cupertino Municipal Code – Redline
B – Draft Ordinance amending Title 16 of the Cupertino Municipal Code - Clean
C – Draft Resolution including Justification and Findings for Local Amendments
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1
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54,
16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO MUNICIPAL
CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN INTERFACE CODE,
HISTORICAL BUILDING CODE, FIRE, EXISTING BUILDING CODE, GREEN
BUILDING STANDARDS CODE, REFERENCED STANDARDS CODE, UNIFORM
HOUSING CODE, AND PROPERTY MAINTENANCE CODE, WITH CERTAIN
EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.
WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of
the California Health and Safety Code, the City of Cupertino may adopt the provisions
of the 2025 California Administrative Code (Part 1 of Title 24), 2025 California Building
Code (Part 2 of Title 24, based on the 2024 International Building Code), the 2025
California Residential Code (Part 2.5 of Title 24 based on the 2024 International
Residential Code), the 2025 California Electrical Code (Part 3 of Title 24 based on the 2023
National Electrical Code), The 2025 California Mechanical Code (Part 4 of Title 24 based
on the 2024 Uniform Mechanical Code), the 2025 California Plumbing Code (Part 5 of
Title 24 based on the 2024 Uniform Plumbing Code), the 2025 California Energy Code
(Part 6 of Title 24), the 2025 California Wildland-Urban Interface Code (Part 7 of Title 24
based on the 2024 International Wildland-Urban Interface Code), the 2025 California
Historical Building Code (Part 8 of Title 24), the 2025 California Fire Code (Part 9 of Title
24 based on the 2024 International Fire Code), the 2025 California Existing Building Code
(Part 10 of Title 24 based on the 2024 International Existing Building Code), the 2025
California Green Building Standards Code (Part 11 of Title 24), the 2025 California
Referenced Standards Code (Part 12 of Title 24) with certain amendments to those
provisions which are reasonably necessary to protect the health, welfare and safety of the
citizens of Cupertino because of the local climatic, geological, and topographical
conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in respective
sections of Chapter 16 of the Cupertino Municipal Code relating to the amendments to
the California codes; and
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Ordinance No. 25-XXXX
Page 2
Council Agenda: November 4, 2025
Page: 2
Revision Date: November 18, 2025
WHEREAS, the factual findings made then continue to be valid and relate to the
amendments made to the California codes in this adoption, and such findings are
incorporated by reference; and
WHEREAS, in addition to those findings set forth in the provisions of the Cupertino
Municipal Code, the City Council adopted a resolution making factual findings with
respect to the local geological, topographical, and climate conditions including, but not
limited to, the following:
1) The Bay Area region is a densely populated area with buildings constructed
over and near a vast array of fault systems capable of producing major
earthquakes, including, but not limited to the recent 1989 Loma Prieta
Earthquake;
2) Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run
through the lower foothills and the Monta Vista Fault is closer to the valley
floor area. The Hayward fault is North East of the City which would also
presents a risk to Cupertino in the event of an earthquake;
3) Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential
projects;
4) Cupertino is divided by major freeways and expressways, the occurrence of a
major earthquake could impact the ability of fire crews to respond to
emergencies should one or more of the freeways or expressways collapse, be
substantially damaged, or become gridlocked;
5) Fire suppression capabilities would be severely limited should the water
system be damaged during an earthquake;
6) Cupertino experiences low humidity, high winds and warm temperatures
during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structural fires;
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Ordinance No. 25-XXXX
Page 3
Council Agenda: November 4, 2025
Page: 3
Revision Date: November 18, 2025
7) Cupertino’s topography contains remote, steep hillsides which further limits
the ability of emergency responders to extinguish or control wildland or
structural fires; and
8) The local geographic, topographic and climatic conditions require
amendments to the California Codes to establish more restrictive conditions to
improve structural integrity of the buildings in the event of a seismic incident
and provide other protections to protect against the increased risk of fire.
WHEREAS, a copy of all of the Codes to be incorporated by reference into this Ordinance
were made available prior to the adoption of this Ordinance as required by law;
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review per the provisions of the California Environmental Quality Act of 1970, as
amended, 14 California Code of Regulations, Section 15061(b)(3); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
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Ordinance No. 25-XXXX
Page 4
Council Agenda: November 4, 2025
Page: 4
Revision Date: November 18, 2025
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 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action would have
no or only a de minimis effect on the environment. The Ordinance is also exempt from
CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the
protection of 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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Ordinance No. 25-XXXX
Page 5
Council Agenda: November 4, 2025
Page: 5
Revision Date: November 18, 2025
INTRODUCED at a regular meeting of the Cupertino City Council this 4 th day of
November, 2025; and
ENACTED at a regular meeting of the Cupertino City Council this 18th day of
November, 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
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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Ordinance No. 25-XXXX
Page 6
Council Agenda: November 4, 2025
Page: 6
Revision Date: November 18, 2025
CHAPTER 16.02: ADMINISTRATIVE CODE
A. The provisions of the 2022 2025 California Administrative Code and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if fully
set forth in this chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 and are made available for public
inspection.
CHAPTER 16.04: BUILDING CODE
Sections
16.04.010 Adoption of the 2022 2025 California Building Code, Volumes 1 and 2,
based on the 2021 2024 International Building Code, Volumes 1 and 2.
16.04.015 Adoption of Appendix Chapters.
16.04.040 Section 104 – Duties and Powers of Building Official.
16.04.050 Section 105 – Permits.
16.04.060 Section 107 – Submittal Documents.
16.04.070 Responsibility of permittee.
16.04.080 Section 109 – Fees.
16.04.090 Section 110 – Inspections.
16.04.100 Section 111 – Certificate of occupancy.
16.04.110 Section 113 – Means of Appeals.
16.04.120 Section 114 – Violations.
16.04.130 Section 115 – Stop work order.
16.04.220 Chapter 5 – General Building Heights and Areas.
16.04.240 Chapter 7A – Materials and Construction Methods for Exterior Wildfire
Exposure.
16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.
16.04.300 Chapter 15 – Roof Assemblies and Rooftop Structures.
16.04.320 Chapter 17 – Special Inspection and Tests.
16.04.340 Chapter 19 – Concrete.
16.04.360 Chapter 23 – Wood.
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16.04.380 Section 3109 – Swimming Pool Enclosures and Safety Devices.
16.04.010 Adoption of the 2022 2025 California Building Code, Volumes 1 and 2, based
on the 2021 2024 International Building Code, Volumes 1 and 2.
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025
California Building Code, Volumes 1 and 2 inclusive, and specified Appendices and
each and all of the regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, except such portions as are hereinafter
deleted, modified or amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.04.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California Building Code are hereby
adopted.
Appendix C: Group U – Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood-Resistant Construction;
Appendix I: Patio Covers;
California Code Part 8: 2022 California Historical Building Code;
California Code Part 10: 2022 California Existing Building Code;
California Code Part 12: 2022 California Referenced Standards Code
16.04.040 Section 104 – Duties and Powers of Building Official.
Amend and Adopt Section [A] 104 of the 2022 2025 California Building Code as follows:
[A] 104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this title. The Building Official shall have the authority to render
interpretations of the codes identified in this title and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose for each code. Such policies
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and procedures shall not have the effect of waiving requirements specifically provided for
in the code.
[A] 104.2 Applications and permits. The Building Official shall receive applications, review
construction documents and issue permits for the erection, and alteration, demolition and
moving of buildings and structures, inspect the premises for which such permits have been
issued and enforce compliance with the provisions of this code.
[A] 104.2.1 Determination of substantially improved or substantially damaged existing
building and structures in flood hazard areas. For application for reconstruction,
rehabilitation, repair, alteration, addition or other improvement of existing buildings or
structures located in flood hazard areas, the building official shall determine the proposed
work constitutes substantial improvement or repair of substantial damage. Where the
building official determines that the proposed work constitutes substantial improvement or
repair of substantial damage, and where required by this code, the building official shall
require the building to meet the requirements of Section 1612 or Section R322 of the
California Residential Code, as applicable.
[A] 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders
to ensure compliance with this code.
[A] 104.4 Inspections. The Building Official shall make all of the required inspections, or the
Building Official shall have the authority to accept reports of inspection by approved
agencies or individuals. Reports of such inspections shall be in writing and be certified by a
responsible officer of such approved agency or by the responsible individual. The Building
Official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 104.5 Identification. The Building Official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or where the Building Official has reasonable cause to believe that
there exists in a structure or upon a premises a condition which is contrary to or in violation
of this code which makes the structure or premises unsafe, dangerous or hazardous, the
Building Official is authorized to enter the structure or premises at reasonable times to
inspect or to perform the duties imposed by this code, provided that if such structure or
premises be occupied that credentials be presented to the occupant and entry requested. If
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such structure or premises is unoccupied, the Building Official shall first make a reasonable
effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to
the remedies provided by law to secure entry.
[A] 104.7 Department records. The Building Official shall keep official records of
applications received, permits and certificates issued, fees collected, reports of inspections,
and notices and orders issued. Such records shall be retained in the official records for the
period required for retention of public records.
[A] 104.8 Liability. The Building Official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby
relieved from personal liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of official duties.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or
employee because of an act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended by legal representative of
the jurisdiction until the final termination of the proceedings. The Building Official or any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in
pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment. Materials, equipment and devices approved
by the Building Official shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Used materials and equipment. The use of used materials which meet the
requirements of this code for new materials is permitted. Used equipment and devices shall
not be reused unless approved by the Building Official.
[A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying out
the provisions of this code, the Building Official shall have the authority to grant
modifications for individual cases, upon application of the owner or owner’s representative,
provided the Building Official shall first find that special individual reason makes the strict
letter of this code impractical and the modification is in compliance with the intent and
purpose of this code and that such modification does not lessen health, accessibility, life and
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fire safety, or structural requirements. The details of action granting modifications shall be
recorded and entered in the files of the department.
[A] 104.11 Alternative materials, design and methods of construction and equipment. The
provisions of this code are not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically prescribed by this code,
provided that any such alternative has been approved. An alternative material, design or
method of construction shall be approved where the Building Official finds that the
proposed alternative meets all of the following:
The alternative material, design or method of construction is satisfactory and complies with
the intent of the provisions of this code,
The material, method or work offered is, for the purpose intended, not less than the
equivalent of that prescribed in this code as it pertains to the following:
2.1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. Safety.
Where the alternative material, design or method of construction is not approved, the
Building Official shall respond in writing, stating the reasons why the alternative was not
approved.
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid
research reports from approved sources.
[A] 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for alternative materials or
methods, the building official shall have the authority to require tests as evidence of
compliance to be made without expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards. In the absence of recognized
and accepted test methods, the building official shall approve the testing procedures. Tests
shall be performed by an approved agency. Reports of such tests shall be retained by the
building official for at least the period required for retention of public records.
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[A] 104.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code.
[A] 104.2 Determination of compliance. The building official shall have the authority to
determine compliance with this code, to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provision. Such
interpretations, policies and procedures:
1. Shall be in compliance with the intent and purpose of this code
2. Shall not have the effect of waiving requirements specifically provided for in this
code.
[A] 104.2.1 Listed Compliance. Where this code or a referenced standard requires
equipment, materials, products or services to be listed and a listing standard is specified,
the listing shall be based on the specified standard. Where a listing standard is not
specified, the listing shall be based on an approved listing criteria. Listings shall be
germane to the provision requiring the listing. Installation shall be in accordance with
the listing and the manufacturer’s instruction, and where required to verify compliance,
the listing standard and manufacturer's instructions shall be made available to the
building official.
[A] 104.2.2 Technical assistance. To determine compliance with this code, the building
official is authorized to determine compliance with this code, to require the owner or
owner’s authorized agent to provide a technical opinion and report
[A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge
to the jurisdiction.
[A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be
prepared by a qualified engineer, specialist, laboratory or specialty organization
acceptable to the building official. The building official is authorized to require design
submittals to be prepared by, and bear the stamp of, a registered design professional.
[A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties
of the design, operation or use of the building or premises and the facilities and
appurtenances situated thereon to identify and propose necessary recommendations.
[A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the
provisions of this code, the building official shall have the authority to require tests
as evidence of compliance. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized test standards, the building
official shall approve the testing procedures. Such tests shall be performed by a party
acceptable to the building official.
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[A] 104.2.3 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material
or to prohibit any design or method of construction not specifically prescribed by the
code, provided that any such alternative has been approved.
Exception: Performance based alternative materials, designs or methods of
construction and equipment complying with the International Code Council
Performance Code. This exception shall not apply to alternative structural materials
or to alternative structural designs.
[A] 104.2.3.1 Approval authority. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed
alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as
applicable.
[A] 104.2.3.2 Application and disposition. Where required, a request to use an
alternative material, design or method of construction shall be submitted in writing
to the building official for approval. Where the alternative material, design or method
of construction is not approved, the building official shall respond in writing, stating
the reasons for alternative was not approved.
[A] 104.2.3.3 Compliance with code intent. An alternative material, design or
method of construction shall comply with the intent of the provisions of this code.
[A] 104.2.3.4 Equivalency criteria. An alternative material, design or method of
construction shall, for the purpose intended, be not less than the equivalent of that
prescribed in this code with respect to all of the following, as applicable:
1. Quality.
2. Strength.
3. Effectiveness.
4. Durability.
5. Safety, other than fire safety.
6. Fire Safety.
[A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an
alternative material, design or method of construction application shall be of a scale
that is sufficient to predict performance of the end use configuration. Tests shall be
performed by a party acceptable to the building official.
[A] 104.2.3.5.1 Fire Tests. Tests conducted to demonstrate equivalent fire safety in
support of an alternative material, design or method of construction application
shall be of a scale that is sufficient to predict fire safety performance of the end
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use configuration. Tests shall be performed by a party acceptable to the building
official.
[A] 104.2.3.6 Reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall comply with
Sections 104.2.3.6.1 and 104.2.3.6.2.
[A] 104.2.3.6.1 Evaluation reports. Evaluation reports shall be issued by an
approved agency and use of the evaluation report shall require approval by the
building official for the installation. The alternate material, design or method of
construction and product evaluated shall be within the scope of the building
official’s recognition of the approved agency. Criteria used for the evaluation shall
be identified within the report and, where required, provided to the building
official.
[A] 104.2.3.6.2 Other reports. Reports not complying with Section 104.2.3.6.1 shall
describe criteria, including but not limited to any reference testing or analysis,
used to determine compliance with code intent and justify code equivalence. The
report shall be prepared by a qualified engineer, specialist, laboratory or specialty
organization acceptable to the building official. The building official is authorized
to require design submittals to be prepared by, and bear the stamp of, a registered
deign professional.
[A] 104.2.3.7 Peer review. The building official is authorized to require submittal of a
peer review report in conjunction with a request to use an alternative material, design
or method of construction, prepared by a peer reviewer that is approved by the
building official.
[A] 104.2.4 Modifications. Where there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications
for individual cases, provided that the building official shall first find that one or more
special individual reasons make the strict letter of this code impractical, and that the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety or structural
requirements. The details of the written request for and action granting modifications shall
be recorded and entered in the files of the department of building safety.
[A] 104.2.4.1 Flood hazard areas. The building official shall not grant modifications to
any provision required in flood hazard areas as established by Section 1612.3 unless a
determination has been made that:
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1. A showing of good and sufficient cause that the unique characteristics of the size,
configuration or topography of the site render the elevation standards of Section
1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety or extraordinary public expense; cause
fraud on or victimization of the public; or conflict with existing laws or
ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between
the design floor elevation and the elevation to which the building is to be built,
stating that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced floor elevation and stating that construction below
the design flood elevation increases risks to life and property.
[A] 104.3 Applications and permits. The building official shall receive applications, review
construction documents, issue permits, inspect the premises for which such permits have
been issued and enforce compliance with the provisions of this code.
[A] 104.3.1 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas. For applications for
reconstruction, rehabilitation, repair, alteration, addition or other improvement of
existing buildings or structures located in flood hazard areas, the building official shall
determine if the proposed work constitutes substantial improvement or repair of
substantial damage. Where the building official determines that the proposed work
constitutes substantial improvement or repair of substantial damage, and where
required by this code, the building official shall require the building to meet the
requirements of Section 1612, or Section R306 of the California Residential Code, as
applicable.
[A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or where the building official has reasonable cause to believe that
there exists in a structure or on a premises a condition that is contrary to or in violation of
this code that makes the structure or premises unsafe, dangerous or hazardous, the building
official is authorized to enter the structure or premises at all reasonable times to inspect or
to perform the duties imposed by this code. If such structure or premises is occupied, the
building official shall present credentials to the occupant and request entry. If such structure
or premises is unoccupied, the building official shall first make a reasonable effort to locate
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the owner, the owner’s authorized agent or other person having charge or control of the
structure or premises and request entry. If entry is refused, the building official shall have
recourse to every remedy provided by law to secure entry.
[A] Warrant. Where the building official has first obtained a proper inspection warrant
or other remedy provided by law to secure entry, an owner, the owner’s authorized
agent, occupant or person having charge, care or control of the structure or premises
shall not fail or neglect, after a proper request is made as herein provided, to permit entry
therein by the building official for the purposes of inspection and examination pursuant
to this code.
[A] 104.5 Identification. The building official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
[A] 104.6 Notices and orders. The building official shall issue necessary notices or orders to
ensure compliance with this code. Notices of violations shall be in accordance with Section
114.
[A] 104.7 Official records. The building official shall keep official records as required by
Section 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5
years or for as long as the building or structure to which such records relate remains in
existence, unless otherwise provided by other regulations.
[A] 104.7.1 Approvals. A record of approvals shall be maintained by the building official
and shall be available for public inspection during business hours in accordance with
applicable laws.
[A] 104.7.2 Inspections. The building official shall keep a record of each inspection made,
including notices and orders issued, showing the findings and disposition of each.
[A] 104.7.3 Code alternatives and modifications. Application for alternative materials,
design and methods of construction and equipment in accordance with Section 104.2.3;
modifications in accordance with Section 104.2.4; and documentation of the final
decision of the building official for either shall be in writing and shall be retained in the
official records.
[A] 104.7.4 Tests. The building official shall keep a record of tests conducted to comply
with Sections 104.2.2.4 and 104.2.3.5.
[A] 104.7.5 Fees. The building official shall keep a record of fees collected and refunded
in accordance with Section 109.
[A] 104.8 Liability. The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and
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is hereby relieved from personal liability for any damage accruing to persons or property as
a result of any act or by reason of any act or omission in the discharge of official duties.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer
or employee because of an act performed by that officer or employee in the lawful
discharge of duties under the provisions of this code or other laws or ordinances
implemented through the enforcement of this code shall be defended by legal
representatives of the jurisdiction until the final termination of the proceedings. The
building official or any subordinate shall not be liable for costs in an action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment. Materials, equipment and devices approved
by the building official shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not
be reused unless such elements are in good working condition and approved.
16.04.050 Section 105 - Permits.
Amend and Adopt Section [A] 105 of the 2022 2025 California Building Code as follows:
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be performed, shall first make application to the Building Official
and obtain the required permit.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this jurisdiction
the City of Cupertino. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than 120
square feet (11 m2). It is permissible that these structures still be regulated by
Section 710A, despite exemption from permit.
2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.
3. Oil derricks.
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4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,925 L) and the ratio of height to diameter or width is not greater than
2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a group R-3 occupancy that are less
than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and
are installed entirely about ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swing and other playground equipment accessory to detached one- and two-
family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1372 mm) from the exterior wall
and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or
the connection of approved portable electrical equipment to approved permanently
installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not
apply to electrical equipment used for radio and television transmissions, but do
apply to equipment and wiring for a power supply and the installation of towers and
antennas.
Temporary testing systems: A permit shall not be required for the installations of
any temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
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2. Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to remove and replace the same
with new material, such work shall be considered as new work and a permit
shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures
and the removal and reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be
performed in an emergency situation, the permit application shall be submitted within the
next working business day to the building official.
[A]105.2.2 Public service agencies. A permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution or metering or other related
equipment that is under the ownership and control of public service agencies by
established right.
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the City of Cupertino for that
purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
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2. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate
the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
[A] 105.3.1 Action on application. The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time
after filing. If the application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefor as soon as
practicable.
[A] 105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the Building Official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
[A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions of this code or of
any other ordinance of the jurisdiction. Permits presuming to give authority to violate or
cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
The issuance of a permit based on construction documents and other data shall not prevent
the Building Official from requiring the correction of errors in the construction documents
and other data. The Building Official is also authorized to prevent occupancy or use of a
structure where in violation of this code or of any other ordinances of this jurisdiction the
City of Cupertino.
[A] 105.5 Expiration. On or after January 1, 2019, every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within 12 months after
its issuance, or if the work authorized on the site by such permit is suspended or abandoned
for a period of 12 months after the time the work is commenced. The Building Official is
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authorized to grant, in writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
[A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or
revoke a permit issued under the provisions of this code wherever the permit is issued in
error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any
ordinance or regulation or any of the provisions of this code.
[A] 105.7 Placement of permit. The Job Card building permit or copy shall be posted on
site at a location visible from the street frontage on site of the building or structure being
permitted and is not to be removed until building final and shall remain until the
completion of the project.
16.04.160 Section 107 - Construction Documents.
Adopt Section [A] 107 of the 2022 2025 California Building Code as follows:
[A] 107.1 General. Submittal documents consisting of construction documents, statement of
special inspections, geotechnical report and other data shall be submitted in digital format
with each permit application. The construction document shall be prepared by a registered
design professional where required by the building official. Where special conditions exist,
the building official is authorized to require additional construction documents to be
prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that the review
of construction documents is not necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction documents shall be in accordance with
Sections 107.2.1 through 107.2.8.
[A] 107.2.1 Information on Construction Documents. Construction documents shall be
dimensioned and drawn on suitable material. Electronic media documents are permitted
to be submitted where approved by the building official. Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building official.
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[A] 107.2.2 Fire Protection System Shop Drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance to this code and the construction
documents and shall be approved prior to the start of system installation. Shop drawings
shall contain all information as required by the referenced installation standards in Chapter
9.
[A] 107.2.3 Means of Egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress including the
path of the exit discharge to the public way in compliance with the provisions of this code.
In other than occupancies in Groups R-2, R-2.1 and R-3, and I-1, the construction
documents shall designate the number of occupants to be accommodated on every floor,
and in all rooms and spaces.
[A] 107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall
describe the exterior wall envelope in sufficient detail to determine compliance with this
code. The construction documents shall provide details of the exterior wall envelope as
required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive
membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that
provide supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the exterior
wall envelope. The supporting documentation shall fully describe the exterior wall system
that was tested, where applicable, as well as the test procedure used.
[A] 107.2.5 Exterior Balconies and Elevated Walking Surfaces. Where balconies or other
elevated walking surfaces are exposed to water from direct or blowing rain, snow, or
irrigation, and the structural framing is protected by an impervious moisture barrier,
the construction documents shall include details for all elements of the impervious moisture
barrier system. The construction documents shall include manufacturer's installation
instructions.
[A] 107.2.6 Site Plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard
areas, floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
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construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is
for alteration or repair or where otherwise warranted.
[A] 107.2.6.1 Design Flood Elevations. Where design flood elevations are not specified,
they shall be established in accordance with Section 1612.3.1.
[A] 107.2.7 Structural Information. The construction documents shall provide the
information specified in Section 1603.
[A] 107.2.8 Relocatable Buildings . Construction documents for relocatable buildings shall
comply with Section 3112 3113.
[A] 107.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying submittal documents and shall ascertain by such examinations
whether the construction indicated and described is in accordance with the requirements of
this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit,
the construction documents shall be approved, in writing or by stamp, as "Reviewed for
Code Compliance". It shall be the responsibility of the owner or owner's representative to
obtain a hard-copy of the approved plans and documents which shall be kept at the site of
work and shall be open to inspection by the building official or a duly authorized
representative.
[A] 107.3.2 Previous approvals. This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and the construction of which
has been pursued in good faith within 180 days after the effective date of this code and has
not been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted, provided
that adequate information and detailed statements have been filed complying with pertinent
requirements of this code. The holder of such permit for the foundation or other parts of a
building or structure shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be granted.
[A] 107.3.4 Design professional in responsible charge. Where it is required that documents
be prepared by a registered design professional, the building official shall be authorized to
require the owner or the owner's authorized agent to engage and designate on the building
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permit application a registered design professional who shall act as the registered design
professional in responsible charge. If the circumstances require, the owner or the owner's
authorized agent shall designate a substitute registered design professional in responsible
charge who shall perform the duties required of the original registered design professional
in responsible charge. The building official shall be notified in writing by the owner or the
owner's authorized agent if the registered design professional in responsible charge is
changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing
and coordinating submittal documents prepared by others, including phased and deferred
submittal items, for compatibility with the design of the building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the prior
approval of the building official. The registered design professional in responsible charge
shall list the deferred submittals on the construction documents for review by the
building official.
Documents for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to the building
official with a notation indicating that the deferred submittal documents have been
reviewed and found to be in general conformance to the design of the building. The deferred
submittal items shall not be installed until the deferred submittal document have been
approved by the building official.
[A] 107.4 Amended construction documents. Work shall be installed in accordance with the
approved construction documents, and any changes made during construction that are not
in compliance with the approved construction shall be submitted for approval as an
amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than required by
the approved City's of Cupertino’s document retention plan.
16.04.070 Responsibility of permittee.
Responsibility of permittee. Building permits shall be presumed to incorporate the
provision that the applicant, the applicant’s agent, employees or contractors shall carry out
the proposed work in accordance with the approved plans and with all requirements of this
code and any other laws or regulations applicable thereto, whether specified or not. No
approval shall relieve or exonerate any person from the responsibility of complying with
the provisions and intent of this code.
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16.04.080 Section 109 - Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.04.090 Section 110 - Inspections.
Amend and Adopt Section [A] 110 of the 2022 2025 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be subject to
inspection by the Building Official and such construction or work shall remain accessible
and exposed for inspection purposes until approved. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions of any of the codes
or amendments specified in this title this code or of other ordinances of the jurisdiction .
Inspections presuming to give authority to violate or cancel the provisions of this code or of
other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit
applicant owner or the owner’s authorized agent to cause the work to remain accessible and
exposed visible and able to be accessed for inspection purposes. Neither the Building
Official nor the City of Cupertino shall be liable for expense entailed in the removal or
replacement of any material required to allow inspections.
[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is
authorized to examine or cause to be examined buildings, structures and sites for which an
application has been filed.
[A] 110.3 Required inspections. The Building Official, upon notification, shall make the
inspections set forth in Section 110.3.1 through 110.3.11 110.3.12.
[A] 110.3.1 Footing and Foundation Inspection. Footing and foundation inspections
shall be made after excavations for footings are complete and any required reinforcing
steel is in place. For concrete foundations, any required forms shall be in place prior to
inspection. Materials for the foundation shall be on the job, except where concrete is
ready mixed in accordance with ASTM C94, the concrete need not be on the job.
[A] 110.3.2 Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor
inspections shall be made after in-slab or under-floor reinforcing steel and building
service equipment, conduit, piping accessories and other ancillary equipment items are
in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
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[A] 110.3.3 Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification required in Section 1612.4 or the California Residential Code, as applicable,
shall be submitted to the building official.
[A] 110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or
sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing, heating wires,
pipes and ducts are approved.
[A] 110.3.4.1 Moisture Content Verification. Moisture content of framing members
shall be verified in accordance with the California Green Building Standards Code
(CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Types IV-A, IV-B and IV-C connection protection inspection. In building
of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings
are provided by wood cover calculated to meet the requirements of Section 2304.10.1,
inspection of the wood cover shall be made after the cover is installed, but before any
other coverings or finishes are installed.
[A] 110.3.5 110.3.6 Lath, Gypsum Board and Gypsum Panel Product Inspection.
Lath, gypsum board and gypsum panel product inspections shall be made after
lathing, gypsum board and gypsum panel products, interior and exterior, are in place,
but before any plastering is applied or gypsum board and gypsum panel
product joints and fasteners are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-
resistance-rated assembly or a shear assembly.
[A] 110.3.6 110.3.7 Weather-Exposed Balcony and Walking Surface Waterproofing.
Where balconies or other elevated walking surfaces are exposed to water from direct or
blowing rain, snow or irrigation, and the structural framing is protected by an
impervious moisture barrier, all elements of the impervious moisture barrier system
shall not be concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with Section
1705.1.1, Item 3.
[A] 110.3.7 110.3.8 Fire- and smoke-resistant penetrations. Protection of joints and
penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions
shall not be concealed from view until inspected and approved.
[A] 110.3.8 110.3.9 Energy efficiency inspections. Inspections shall be made to determine
compliance with Chapter 13 and shall include, but not be limited to, inspection for:
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envelope insulation R- and U-values, fenestration U-value, duct system R-value, and
HVAC and water-heating equipment efficiency.
[A] 110.3.10 Other Inspections. In addition to the inspections specified in Sections
110.3.1 through 110.3.9, the building official is authorized to make or require other
inspections of any construction work to ascertain compliance with the provisions of this
code and other laws that are enforced by the department of building safety.
[A] 110.3.11 Special Inspections. For special inspections, see Chapter 17.
[A] 110.3.12 Final inspection. The final inspection shall be made after all work required
by the building permit is completed.
[A] 110.3.12.1 Flood hazard documentation. If located in a flood hazard area,
documentation of the elevation of the lowest floor or the elevation of dry
floodproofing, if applicable, as required in Section 1612.4 shall be submitted to the
building official prior to final inspection.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or
their duly authorized agent to notify the building official when work is ready for inspection.
It shall be the duty of the permit holder to provide access to and means for inspection of
such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The
building official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the permit
holder or his or her agent wherein the same fails to comply with this code. Any portions that
do not comply shall be corrected and such portion shall not be covered or concealed until
authorized by the building official.
16.04.100 Section 111 - Certificate of Occupancy.
Adopt Section [A] 111 of the 2022 2025 California Building Code to read as follows:
[A] 111.1 Use and occupancy. Change of Occupancy. A building or structure shall not be
used or occupied in whole or in part, and no a change in the existing of occupancy
classification of a building or structure or portion thereof shall not be made, until the
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Building Official has issued a certificate of occupancy therefor as provided herein. Issuance
of a certificate of occupancy shall not be construed as an approval of a violation of any
provision of this code or any ordinance of the City of Cupertino. Certificates presuming to
give authority to violate or cancel the provisions of this code or other ordinances of the City
of Cupertino shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in
accordance with Section 105.2.
[A] 111.2 Certificate issued. After the Building Official inspects the building or structure
and finds no violations of the provisions of this code or other laws that are enforced by the
Building Department, the Building Official may issue a certificate of occupancy that contains
the following:
1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code. for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provision of Chapter 3 of the
California Building Code.
9. The type of construction as defined in Chapter 6 of the California Building Code.
10. The design occupant load.
11. Where an automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any special stipulations and conditions of the building permit.
[A] 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary
certificate of occupancy before the completion of the entire work covered by the permit,
provided that such portion of portions shall be occupied safely. The Building Official shall
set a time period during which the temporary certificate of occupancy is valid.
[A] 111.4 Revocation. The Building Official is authorized to suspend or revoke a certificate
of occupancy or completion issued under the provisions of this code, in writing, wherever
the certificate is issued in error, or on the basis of incorrect information supplied, or where
it is determined that the building or structure or portion thereof is in violation of the
provisions of this code or other ordinance of the City of Cupertino.
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16.04.110 Section 112 – Service Utilities.
Adopt Section [A] 112 of the 2025 California Building Code to read as follows:
[A] 112.1 Connection of service utilities. A person shall not make connections from a
utility, a source of energy, fuel, or power, or a water system or sewer system to any
building or system that is regulated by this code for which a permit is required, until
approved by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to
authorize the temporary connection of the building or system to the utility, the source of
energy, fuel, or power, or the water system or sewer system for the purpose of testing
systems or for use under a temporary approval.
[A] Authority or disconnect service utilities. The building official shall have the authority
to authorize disconnection of utility service to the building, structure or system regulated
by the code and the referenced codes and standards in case of emergency where necessary
to eliminate an immediate hazard to life or property or where such utility connection has
been made without the approval required by Sections 112.2 or 112.2. The building official
shall notify the serving utility, and wherever possible the owner or the owner’s authorized
agent and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or
the owner’s authorized agent or occupant of the building, structure or service system shall
be notified in writing, as soon as practical thereafter.
16.04.110 16.04.120 Section 113 - Means of Appeals.
Amend and Adopt Section [A] 113 of the 2022 2025 California Building Code and amend
to read as follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations
made by the building official relative to application and interpretation of this code, there
shall be and is hereby created a board of appeals. The board of appeals shall be appointed
by the applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
finding in writing to the appellant with a duplicate copy to the Building Official. In the event
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where no such board of appeals has been established, the City Council shall serve as said
appeals board.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an equally good equivalent or
better form of construction is proposed. The board shall not have authority to waive
requirements of this code.
[A] 113.3 Qualifications for Board of Appeals. The Board shall consist of members who are
qualified by experience and training to pass on matters pertaining to building construction
and are not employees of the City of Cupertino.
[A] 113.4 Qualifications for Board of Appeals relative to Accessibility matters. Two
members of the board of appeals shall be physically handicapped persons, two members
shall be persons experienced in construction, and one member shall be a public member for
matters relative to application and interpretation of accessibility matters of the code.
[A] 113.5 113.4 Administration. The building official shall take immediate action without
delay in accordance with the decision of the board.
16.04.120 16.04.130 Section 114 - Violations.
Amend and Adopt Section [A] 114 of the 2022 2025 California Building Code to read as
follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish or occupancy any building,
structure or equipment regulated by the codes identified in this title, or cause same to be
done, in conflict with or in violation of any of the provisions of any code identified in this
title this code.
[A] 114.2 Notice of violation. The building official is authorized to serve a notice of violation
or order on the person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a building or structure in violation of
any provisions of any code identified in this title, or in violation of a permit or certificate
issued under the provisions of any code identified in this title code. Such order shall direct
the discontinuance of the illegal action or condition and the abatement of the violation.
[A] 114.3 Prosecution of violation. If the notice of violation is not complied with promptly,
the building official is authorized to request the legal counsel of the City of Cupertino to
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institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the building
or structure in violation of the provisions of this code or of the order or direction made
pursuant thereto.
[A] 114.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of this code,
shall be subject to penalties as prescribed by law.
16.04.130 16.04.140 Section 115 - Stop Work Order.
Amend and Adopt Section [A] 115 of the 2022 2025 California Building Code to read as
follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated by this code
being performed in a manner either contrary to the provisions of any code identified in this
title or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner’s agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order
shall state the reason for the order, and the conditions under which the cited work will be
permitted to resume.
[A] 115.3 Unlawful continuance. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform
by the building official to remove a violation or unsafe condition, shall be subject to penalties
as prescribed by law.
[A] 115.3 Emergencies. Where an emergency exists, the building official shall not be
required to give a written notice prior to stopping the work.
[A] 115.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to fines established by the authority
having jurisdiction.
16.04.160 Section 116 – Unsafe Structures and Equipment.
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Adopt Section [A] 116 of the 2025 California Building Code to read as follows:
[A] 116.1 Unsafe conditions. Structures or existing equipment that are or hereafter become
unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate
light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or that involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down
and removed or made safe, as the building official deems necessary and as provided for in
this section. A vacant structure that is not secured against unauthorized entry shall be
deemed unsafe.
[A] 116.2 Record. The building official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and the nature of the
unsafe condition.
[A] 116.3 Notice. If an unsafe condition is found, the building official shall serve on the
owner of the structure, or the owner’s authorized agent, a written notice that describes the
condition deemed unsafe and specifies the required repairs or improvements to be made
to abate the unsafe condition, or that requires the unsafe structure to be demolished within
a stipulated time. Such notice shall require the person thus notified to declare immediately
to the building official acceptance or rejection of the terms of the order.
[A] 116.4 Method of service. Such notice shall be deemed properly served where a copy
thereof is served in accordance with one of the following methods:
1. A copy is delivered to the owner personally.
2. A copy is sent by certified or registered mail addressed to the owner at the last
known address with the return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a
copy thereof shall be posted in a conspicuous place in or about the structure affected by
such notice. Service of such notice in the foregoing manner on the owner’s authorized
agent shall constitute service of notice on the owner.
[A] 116.5 Restoration or abatement. Where the structure or equipment determined to be
unsafe by the building official is restored to a safe condition, the owner, the owner’s
authorized agent, operator or occupant of a structure, premises or equipment deemed
unsafe by the building official shall abate or cause to be abated or corrected such unsafe
conditions either by repair, rehabilitation, demolition or other approved corrective action.
To the extent that repairs, alterations or additions are made or a change of occupancy
occurs during the restoration of the structure, such repairs, alterations, additions and
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change of occupancy shall comply with the requirements of the California Existing
Building Code.
16.04.220 Chapter 5 – General Building Heights and Areas.
Amend and Adopt Section 501.2 of the 2022 2025 California Building Code and amend to
read as follows:
502.1 Address Identification. New and existing buildings shall be provided with approved
address numbers or letters identification. Each character shall be not less than 4 inches in
height and not less than 0.5 inch in width. They shall be installed on a contrasting
background and be plainly visible from the street or road fronting the property. The address
identification shall be legible and placed in a position that is visible from the street or road
fronting the property. Address identification characters shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall not be spelled out. Each character shall be a minimum of 4 inches high with a minimum
stroke width of ½ inch. When Where required by the fire code official, address numbers
identification shall be provided in additional approved locations to facilitate emergency
response. Where access is by means of a private road and the building address cannot be
viewed from the public way, a monument, pole or other approved sign or means shall be
used to identify the structure. Address numbers identification shall be maintained.
No Certificate of Occupancy or final building approval for new construction or alterations
shall be granted until the building or residence has a street address number posted.
Subdivisions and Planned Developments shall submit a numbering schedule for approval
by the Building Department and the Fire Department. All commercial buildings having a
single address assigned with multi-suite arrangements shall have the suite-numbering
system approved or assigned by the Building Department with an approved copy to the Fire
Department for emergency use.
16.04.240 Chapter 7A – Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section 707A.9 of the 2022 California Building Code to read as follows:
707A.9 Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of
the exposed underfloor shall consist of one of the following:
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1. Noncombustible material.
2. Ignition-resistant material.
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering
on the underside of the floor projection.
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including assemblies using the gypsum panel and sheathing
products listed in the Gypsum Association Fire Resistance Design Manual.
5. The underside of a floor assembly that meets the performance criteria in accordance
with the test procedures set forth in the SFM Standard 12-7A-3 or ASTM E2957.
Exception: Structural columns and beams do not require protection when they are
constructed with sawn lumber or glue-laminated wood with the smallest minimum
nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined,
tongue-and-grove, or set close together and well spiked.
Amend Section 710A.3 of the 2022 California Building Code to read as follows:
710A.3. Where required. Accessory structures shall comply with the requirements of this
section.
Delete Section 710A.3.1 in its entirety.
Delete Section 710A.3.2 in its entirety.
Delete Section 710A.3.3 in its entirety.
16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.
Amend Section 903.2 of the 2022 2025 California Building Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in Sections
903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through
903.2.21.
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For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and
not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides or not less than 75% of
structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar
structures, unless area is separated by fire walls complying with CBC 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following
are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter
5 and Appendix B of the 2022 2025 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
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and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of the
California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 2025 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E,
F, L, M, S and U buildings and structures, when additions are made that increase the
fire area to more than 3,600 square feet or that create conditions described in Sections
903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a building
area equal to or greater than 3,600 square feet which, in the opinion of the fire code
official or Building Official, would place the building into a more hazardous division
of the same occupancy group or into a different group of occupancies and constitutes
a greater degree of life safety1 or increased fire risk2, shall require the installation of
an approved automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous operations using hazardous materials,
increased fuel loads (storage of moderate to highly combustible materials), increased
sources of ignition (welding, automotive repair with the use of flammable liquids and
open flames).
Add Section 903.2.11.7 to the 2025 California Building Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing
systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which
flammable liquids are handled.
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2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire protection
system standard shall be followed.
Amend Section 907.8 of the 2025 California Building Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and
procedures for fire alarm and fire detection systems shall be in accordance with Sections
907.8.1 through 907.8.4 of the 2025 California Fire Code and NFPA 72. Records of
inspection, testing and maintenance shall be documented using NFPA 72 record of
inspection and testing forms.
Amend Section 909.22.1 of the 2022California Building Code to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be
initiated immediately after the smoke control system has passed the acceptance tests. A
written schedule for routine maintenance and operational testing shall be established
and operational testing must occur at least annually.
16.04.300 Chapter 15 - Roof Assemblies and Rooftop Structures.
Amend Section 1505.1.3 1505.1.1 of the 2022 2025 California Building Code to read as
follows:
1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-
year period, the entire roof covering of every new structure, and any roof covering
applied in the alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is Class A.
1505.1.1 Roofing requirements within Fire hazard Severity Zones or in the Wildland-
Urban Interface (WUI). Roofing requirements for structures located within Fire Hazard
Severity Zones or in the Wildland-Urban Interface (WUI) shall also comply with Sections
504.2 and 507.1 of the 2025 California Wildland-Urban Interface Code.
Amend Section 1505.1.4 1505.1.2 of the 2022 2025 California Building Code to read as
follows:
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1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof
covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure,
and any roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire-retardant roof covering that is Class A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section 705A.
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a
Wildland-Urban Interface (WUI). The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one-year period,
the entire roof covering o every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire-
retardant roof covering that is at least Class A fire classification.
16.04.320 Chapter 17 – Special Inspection and Tests.
Amend Section 1705.3 Exception #1 of the 2022 2025 California Building Code to read as
follows:
1705.3 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, f’c, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
16.04.340 Chapter 19 – Concrete.
Delete Section 1905.1.7 1905.6 of the 2025 California Building Code and ACI 318 Section
14.1.4 and replace with the following:
1905.1.7 1905.6 ACI 318, Section 14.1.4.
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14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
Exception:
In detached one and two-family dwelling three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted
to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller
than No. 4 and shall have a total area of not less than 0.002 times the gross cross-
sectional area of the footing. A minimum of one bar shall be provided at the top
and bottom of the footing. Continuity of reinforcement shall be provided at
corners and intersections.
Exception:
In detached one and two-family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted
to have a total area of less than 0.002 times the gross cross–sectional area of the
footing.
16.04.360 Chapter 23 – Wood.
Amend Table 2308.6.3(1) 2308.10.3(1) of the 2022 2025 California Building Code, to add
a new footnote "b" to the end of California Building Code Table 2308.6.3(1) 2308.10.3(1)
to read as follows:
b. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS and PBS is
not permitted and the use of Method PCP is limited to one-story buildings and
structures.
Add Section 2308.6.3.1 2308.10.3.1 to the 2022 2025 California Building Code to read as
follows:
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2308.6.3.1 2308.10.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design
Categories D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as
intermittent braced wall panels, but gypsum board is permitted to be installed when
required by this Section to be placed on the opposite side of the studs from other types of
braced wall panel sheathing. In Seismic Design Categories D, E, and F the use of Method
PCP is limited to one-story building and structures.
16.04.380 Section 3109 - Swimming Pool Enclosures and Safety Devices
Adopt Section 3109 of the 2022 California Building Code.
Add Section 3109.3 to the 2022 California Building Code to read as follows:
3109.3 Inspections for Swimming Pools.
A. All Work to Be Inspected. All pool installations or alterations thereto including
equipment, piping and appliances related thereto shall be inspected by the Building
Department to insure compliance with the requirements of the California Building
Code.
B. Called Inspections. It shall be the duty of the person doing the work authorized by the
building permit to notify the Building Department that said work is ready for
inspection. Such notification shall be given not less than twenty-four hours before the
work is to be inspected.
Pre-gunite inspection is required when all steel is in place, piping from the pool area is in
with pressure test, all steel and related attachments are properly bonded and
underwater light housing is installed;
An inspection is required for all conduit and gas piping under slabs before decks are
poured;
Final inspection is required after all equipment is in place and operating, the pool is filled
with water and all fences and gates are installed;
A reinspection fee per the adopted fee schedule per inspection will be charged for each
inspection over two where the work is not ready or corrections have not been
completed;
The owner shall arrange with the Building Department for inspectors to enter the property
to make necessary inspections in connection with the pool.
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CHAPTER 16.06 RESIDENTIAL CODE
Section
16.06.010 Adoption of the 2022 2025 California Residential Code based on the 2021
2024 International Residential Code.
16.06.015 Adoption of Appendix Chapters.
16.06.020 Section R310 R319 – Emergency Escape and Rescue Openings.
16.06.040 Section R313 R309 – Automatic Fire Sprinkler Systems.
16.06.050 Section R328 R330 – Energy Storage Systems
16.06.060 Section R337 – Materials and Construction Methods for Exterior Wildfire
Exposure.
16.06.080 16.06.060 Chapter 4 – Foundations.
16.06.100 16.06.080 Chapter 6 – Wall Construction.
16.06.120 16.06.100 Chapter 9 – Roof Assemblies.
16.06.140 16.06.120 Chapter 10 – Chimneys and Fireplaces – Spark Arrestors.
16.06.160 16.06.140 Appendix AX CI – Swimming Pool Safety Act
16.06.010 Adoption of the 2022 2025 California Residential Code based on the 2018 2024
International Residential Code.
A. Except as otherwise provide in this chapter, the provisions of the 2022 2025 California
Residential Code and specified Appendices and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this
chapter, except such portions as are hereinafter deleted, modified or amended by this
ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 2025 California Residential Code are
hereby adopted:
Appendix AH: Patio Covers;
Appendix AJ: Existing Building and Structures;
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Appendix AK BG: Sound Transmission.
Appendix AX CI: Swimming Pool Safety Act.
16.06.020 Section R310 R319 – Emergency Escape and Rescue Openings.
Amend Section R310.1 R319.1 of the 2022 2025 California Residential Code to delete
Exception #2.
16.06.040 Section R313 R309 - Automatic Fire Sprinkler Systems.
Amend Section R313.1 R309.1 of the 2022 2025 California Residential Code to read as
follows:
R313.1 R309.1 Townhouse automatic fire sprinkler systems. An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses when
additions are made that increase the building area to more than 3,600 square feet.
Exception: One or more additions made to a building after January 1, 2011 that does
not total more than 1,000 square feet of building area.
Amend Section R313.2 R309.2 of the 2022 2025 California Residential Code to read as
follows:
R313.2 R309.2 One- and two-family dwellings automatic sprinkler systems . An
automatic sprinkler system shall be installed in all new one- and two-family dwellings,
rebuild of existing one- and two-family dwellings as defined by the Building Official, and
existing one- and two-family dwellings when additions are made that increase the fire area
to more than 3,600 square feet.
Exceptions:
1. Detached Accessory Dwelling Unit, provided that all of the following are met:
1.1.The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
1.2.The existing primary residence does not have automatic fire sprinklers.
1.3.The accessory detached dwelling unit does not exceed 1,200 square feet in
size.
1.4.The unit is on the same lot as the primary residence.
1.5.The unit meets all apparatus access and water supply requirements of
Chapter 5 and Appendix B of the 2022 2025 California Fire Code.
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2. When additions are made to existing structures, causing the fire area to exceed
3,600 square feet, and all of the following are met:
2.1.Building addition does not exceed 500 square feet.
2.2.The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 2025 California Fire Code.
16.06.050 Section R328 R330 – Energy Storage Systems.
Amend Section R330.3.1 of the 2022 2025 California Residential Code to read as follows:
R330.3.1 Spacing. Individual ESS units shall be separated from each other by not less than
3 feet except where other separation distances are specified by the ESS listing and the
manufacturer’s installation instructions. separation distances are documented to be
adequate based on large-scale fire testing complying with Section 1207.1.7 of the 2025
California Fire Code.
Amend Section R330.4 of the 2025 California Residential Code to read as follows:
R330.4 Locations. ESS Shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space in accordance with
Section R302.6.
3. Outdoors or on the exterior side of exterior walls located not less than 3 feet from
doors and windows directly entering the dwelling unit , except where smaller
separation distances are permitted by the UL 9540 listing and manufacturer’s
installation instructions. and shall not be located below or above any emergency
escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
with finished or noncombustible walls and ceilings. Walls and ceiling of unfinished
wood-framed construction shall be provided with not less than 5/8-inch Type X
gypsum wallboard. Openings into the dwelling shall be equipped with solid wood
doors not less than 1-3/8 inches in thickness, solid or honeycomb-core steel doors
not less than 1-3/8 inches in thickness, or door with a 20-minute fire protection
rating. Doors shall be self-latching and equipped with a self-closing or an
automatic-closing device. Penetrations through the required gypsum wallboard into
the dwelling shall be protected as required by Section R302.11, Item 4.
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ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into
sleeping rooms. (Material based on NFPA 855 2023 Ed.)
Amend Section R328.7 R330.7 of the 2022 2025 California Residential Code to read as
follows:
R328.7 R330.7 Fire detection. Rooms and areas within dwelling units, basements and
attached garages in which ESS are installed shall be protected by smoke alarms in
accordance with Section R314 R310. A heat detector, listed and interconnected to the
smoke alarms, shall be installed in locations within dwelling units and attached garages
where smoke alarms cannot be installed based on their listing.
[SFM] ESS installed in Group R-3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in
accordance with Section R314 R310.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling units, sleeping units and attached garages where
smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is
interconnected with devices that provide an audible alarm at all sleeping
areas.
2. A fire sprinkler associated with an approved automatic sprinkler system
that triggers an audible alarm upon activation of the waterflow switch,
may be used in place of a heat alarm.
16.06.060 Section R337 - Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section R337.7.10 of the 2022 California Residential Code to read as follows:
R337.7.10 Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of
the exposed underfloor shall consist of one of the following:
1. Noncombustible material.
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1. Ignition-resistant material. The ignition-resistant material shall be labeled for
exterior use and shall meet the requirements of Section R337.7.2.
2. Fire-retardant-treated wood. The fire-retardant-treated wood shall be labeled for
exterior use and shall meet the requirements of Section 2303.2 of the California
Building Code.
3. Material approved for not less than 1-hour fire -resistance-rated construction on the
exterior side, as tested in accordance with ASTM E119 or UL 263.
4. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering
on the underside of the appendage projection.
5. The exterior portion of a 1-hour fire resistive exterior wall assembly, as tested in
accordance with ASTM E119 or UL 263, applied to the underside of the appendage
including assemblies using the gypsum panel and sheathing products listed in the
Gypsum Association Fire Resistance Design Manual.
6. The underside of an appendage assembly that meets the performance criteria in
Section R337.7.11 when tested in accordance with the test procedures set forth in
ASTM E2957.
7. The underside of an appendage assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7A-3.
Exception to Section R337.7.10:
Structural columns and beams do not require protection when they are constructed
with sawn lumber or glue-laminated wood with the smallest minimum nominal
dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined, tongue-
and-grove, or set close together and well spiked.
Amend Section R337.10.3 of the 2022 California Residential Code to read as follows:
R337.10.3. Where required. Accessory structures shall comply with the requirements of
this section.
Delete Section R337.10.3.1 in its entirety.
Delete Section R337.10.3.2 in its entirety.
Delete Section R337.10.3.3 in its entirety.
Delete Section R337.10.3.4 in its entirety.
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16.06.080 16.06.060 Chapter 4 – Foundations.
Amend Section R403.1 of the 2022 2025 California Residential Code to read as follows:
R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted
masonry or concrete footings, or other approved structural systems which shall be of
sufficient design to accommodate all loads according to Section R301 and to transmit the
resulting loads to the soil within the limitations as determined from the character of the soil.
Footings shall be supported on undisturbed natural soils or engineered fill. Concrete
footings shall be designed and constructed in accordance with the provisions of Section R403
or in accordance with ACI 332.
Amend Section R403.1.1 of the 2022 2025 California Residential Code to read as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set
forth in Tables R403.1(1) to through Table R403.1(3) and Figure R403.1.3, as applicable, but
not less than 12 inches in width and 6 inches in depth . The footing width, W, shall be based
on the load-bearing value of the soil in accordance with Table R401.4.1 (1). Spread footings
shall be at least 6 inches (152 mm) in thickness, T. Footing projection, P, shall be at least 2
inches (51 mm) and shall not exceed the thickness of the footing. Footing projections, P,
shall be not less than 2 inches and shall not exceed the thickness of the footing. Footing
thickness and projection for fireplaces shall be in accordance with Section R10001.2. The size
of footings supporting piers and columns shall be based on the tributary load and allowable
soil pressure in accordance with Table R401.4.1 (1).
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
16.06.100 16.06.080 Chapter 6 – Wall Construction.
Amend Section R602.10.4 of the 2022 2025 California Residential Code, to add a new
footnote "f" to the end of CRC Table R602.10.4 to read as follows:
f. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-
SFB are not permitted and the use of Method PCP is limited to one-story single
family dwellings and accessory structures.
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Add the "f" footnote notation for Methods GB, SFB, HPS, PBS, CS-SFB, and PCP of Table
R602.10.4.
Add a new subsection R602.10.4.5 to the 2022 2025 California Residential Code, to read as
follows:
R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic Design
Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are not permitted for
use as intermittent braced wall panels, but gypsum board is permitted to be installed when
required by this Section to be placed on the opposite side of the studs from other types of
braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method
PCP is limited to one-story single family dwellings and accessory structures.
16.06.120 16.06.100 Chapter 9 – Roof Assemblies.
Adopt and Amend Section R902.1 of the 2022 2025 California Residential Code to read as
follows:
R902.1.2 Roof Coverings in All Other Areas. Roof coverings in all other areas other than
Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) area. The entire roof
covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and
any roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is Class A fire classification.
R902.1.3 Roofing Requirements within a Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and
any roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is Class A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section R337.5.
16.06.140 16.06.120 Chapter 10 – Chimneys and Fireplaces - Spark Arrestors.
In new construction or when alterations, repairs or additions requiring a permit and having
a valuation in excess of one thousand dollars occur, all new and existing fireplace chimneys
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shall terminate in a substantially constructed spark arrestor complying with the
requirements of the 2022 2025 California Residential Code Section R1003.9.2.
16.06.160 16.06.140 Appendix AX CI – Swimming Pool Safety Act
Amend and Adopt Appendix AX100 CI100 115922 (a) of the 2022 2025 California
Residential Code to read as follows:
115922. (a) Except as provided in Section 115925, subject to subdivision (b), and
consistent with Section 1596.814, when a building permit is issued for the construction
of a new swimming or spa or the remodeling of an existing swimming pool or spa at a
private single-family home, the respective property shall be equipped with an
enclosure from the public right-of-way that meets the requirements of Section 115923
and additionally the respective swimming pool or spa shall be equipped with two of
the following six seven drowning prevention safety features:
1. An enclosure that meets the requirements of Section 115923 and isolates the
swimming pool or spa from the private single-family home.
1.2.Removable mesh fencing that meets American Society for Testing and Materials
(ASTM) Specifications F2286 standards in conjunction with a gate that is self-
closing and self-latching and can accommodate a key lockable device.
2.3.An approved safety pool cover as defined in subdivision (d) of Section 115921. A
manually operated or power-operated safety pool cover that is accompanied by
a label verifying that the cover meets the specifications of the ASTM
International F1346-23 standard.
3.4.Exit alarms on the private single-family home’s doors and windows that provide
direct access to the swimming pool or spa without any intervening enclosure.
The exit alarm may cause either an alarm noise or a verbal warning, Whenever
any door or window is opened or left ajar, exit alarms shall make either an
audible, continuous alarm sound or a repeating verbal warning, such as a
repeating notification that “the door to the pool is open.” An exit alarm may be
battery operated or connected to the electrical wiring of the building.
4.5.A self-closing, self-latching device with a release mechanism placed no lower
than 54 inches above the floor on the private single-family home’s doors
providing direct access to the swimming pool or spa.
5.6.An alarm that in good repair and operable as designed that, when placed in a
swimming pool or spa, will sound upon detection of accidental or unauthorized
entrance into the water. The alarm shall meet and be independently certified to
the ASTM Standard F2208 “Standard Safety Specification for Residential Pool
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Alarms,” which includes surface motion, pressure, sonar laser and infrared type
alarms. A swimming protection alarm feature designed for individual use,
including an alarm attached to a child that sounds when the child exceeds a
certain distance or becomes submerged in water, is not a qualifying drowning
prevention safety feature.
7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the feature set forth above and has been
independently verified by an approved testing laboratory as meeting standards
for those features established by the ASTM or the American Society of
Mechanical Engineers (ASME).
(b) The requirements of subdivision (a) are not satisfied by any of the following:
1. An exit alarm and a self-closing, self-latching device on the same door.
2. An exit alarm and a door latch on separate doors.
3. A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c) Before the issuance of a final approval for the completion of permitted construction or
remodeling work, the local building code official shall inspect the drowning safety
prevention features required by this section and, if no violations are found, shall give
final approval.
[Title 16 – Chapter 16.08 – No Change]
CHAPTER 16.10: WILDLAND-URBAN INTERFACE CODE
Section
16.10.010 Adoption of the 2025 California Wildland-Urban Interface Code based on
the 2024 International Wildland-Urban Interface Code.
16.10.015 Adoption of Appendix Chapters.
16.10.020 Section 101.3.1 - Application
16.10.010 Adoption of the 2025 California Wildland-Uban Interface Code based on the
2024 International Wildland-Urban Interface Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Wildland-Urban Interface Code and each and all of the regulations, provisions,
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conditions and terms of the code is referred to as if fully set forth in this chapter,
except such portions as are hereinafter deleted, modified or amended by this
ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.10.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Wildland-Urban Interface Code have
been adopted.
16.10.020 Chapter 1 – Administration
Amend Section 101.3.1 of the 2025 California Wildland-Urban Interface Code to read as
follows:
101.3.1 Application. New Buildings located in any Fire Hazard Severity Zone or Wildland-
Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the
application date shall comply with the provisions of this code. This shall include all new
buildings with residential, commercial, educational, institutional or similar occupancy
type use, which shall be referred to in this code as “applicable buildings,” as well as new
buildings and structures accessory to those applicable buildings.
Exceptions:
1. Group U occupancy accessory buildings of any size located at least 50 feet from
an applicable building on the same lot.
2. Group U occupancy agricultural buildings, as defined in Section 202 of the
California Building Code of any size located at least 50 feet from an applicable
building.
3. Group C occupancy special buildings conforming to the limitations specified in
Section 450.4.1 of the California Building Code.
4. New accessory buildings and miscellaneous structures specified in Section
504.11 shall comply only with the requirements of that section.
5. Additions to and remodels of building originally constructed prior to July 1,
2008.
6. Land or water area acquired or managed for one or more of the following
purposes or uses:
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1. Habitat for endangered or threatened species, or any species that is a
candidate for listing as an endangered or threatened species by the state
or federal government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant,
or animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by
state or federal law.
[Title 16 – Chapter 16.12 – No Change]
CHAPTER 16.16: ELECTRICAL CODE
Section
16.16.010 Adoption of the 2022 2025 California Electrical Code based on the 2017 2023
National Electrical Code.
16.16.015 Adoption of Appendix Chapters.
16.16.020 Article 100 – Definitions.
16.16.030 Electrical Work.
16.16.040 Electrical Fee Schedule.
16.16.050 Interpretation.
16.16.060 Electrical Maintenance Program.
16.16.010 Adoption of the 2022 2025 California Electrical Code based on the 2020 2023
National Electrical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025 California
Electrical Code and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
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16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 2025 California Electrical Code have been adopted.
16.16.020 Article 100 – Definitions.
Amend Article 100 of the 2022 2025 California Electrical Code with the following
definitions added:
Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's license issued by the State of California.
Journeyman Electrician. A journeyman electrician is an electrician qualified by training
and experience to do electrical work in conjunction with new construction and/or rework of
existing systems.
Maintenance Electrician. A maintenance electrician in an electrician qualified by training
and experience to do the recurring work required to keep a facility in such condition that it
may be utilized at its designated capacity and efficiency, to do repair work or replacement
or overhaul of constituent parts or materials to keep or restore a facility to a condition
substantially equivalent to its original or design capacity or efficiency.
16.16.030 Electrical Work.
Electrical work shall be done only by:
a. Electrical contractors who are in compliance with the state licensing laws and whose
employees are under the direct supervision of a qualified journeyman electrician;
b. A general building contractor if scope of work involves at least two unrelated trades
or crafts other than framing or carpentry, or if the general building contractor holds
the appropriate license classification;
c. Maintenance electrician.
16.16.040 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
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16.16.050 Interpretation.
A. The language used in this code, and the California Electrical Code, which is made a
part of this code by reference, is intended to convey the common and accepted
meaning familiar to the electrical industry.
B. The Building Official or his assistants is authorized to determine the intent and
meaning of any provisions of this code. Such determination shall be made in writing
and a record kept, which record shall be open to the public.
16.16.060 Electrical Maintenance Program.
Any person regularly employing one or more full-time qualified electricians for the purpose
of installation, alteration, maintenance or repair on any property which such person owns
or occupies, may designate a qualified electrician as a maintenance electrician. Upon being
approved by the Chief Building Official, the maintenance electrician shall make monthly or
quarterly reports to the city covering all installations, additions, or alterations. All such
work shall be installed and done in accordance with the provisions of the Electrical Code,
and shall be subject to the payment of fees, and to inspection by the electrical inspector to
the same extent as similar work performed by other persons and for which such inspection
is provided.
CHAPTER 16.20: PLUMBING CODE
Section
16.20.010 Adoption of the 2022 2025 California Plumbing Code based on the 2018
2024 Uniform Plumbing Code.
16.20.015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
16.20.010 Adoption of the 2022 2025 California Plumbing Code based on the 2021 2024
Uniform Plumbing Code.
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A. Except as otherwise provided in this chapter, the provisions of the 2022 2025 California
Plumbing Code and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.20.015 Adoption of Appendix Chapters.
The following No Appendix Chapters from the 2022 2025 California Plumbing Code are
hereby have been adopted:
Appendix A: Recommended Rules for Sizing the Water Supply System;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix C: Alternate Plumbing Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix H: Private Sewage Disposal Systems;
Appendix I: Installation Standards for PEX Tubing Systems for Hot- and Cold-Water
Distribution;
Appendix J: Combination of Indoor and Outdoor Combustion and Ventilation Opening
Design.
16.20.020 Name Insertion.
The names “Cupertino” and/or “California” shall be inserted in the appropriate places
provided therefor in each and every section of such California Plumbing Code wherein
either the name of the city or state is left blank.
CHAPTER 16.24: MECHANICAL CODE
Section
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16.24.010 Adoption of the 2022 2025 California Mechanical Code based on the 2021
2024 Uniform Mechanical Code.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.010 Adoption of the 2022 2025 California Mechanical Code based on the 2021 2024
Uniform Mechanical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025 California
Mechanical Code and each and all of the regulations, provisions, conditions and terms
of the code is referred to as if fully set forth in this chapter, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.24.015 Adoption of Appendix Chapters.
The following No Appendix Chapters from the 2022 2025 California Mechanical Code
have been adopted.
Appendix F: Sizing of Venting Systems and Outdoor Combustion and Ventilation
Opening Design.
16.24.020 Name Insertion.
The names “Cupertino” and/or “California” shall be inserted in the appropriate places
provided therefor in each and every section of such California Mechanical Code wherein
either the name of the city or state is left blank.
[Title 16 – Chapter 16.28 – No Change]
[Title 16 – Chapter 16.32 – No Change]
[Title 16 – Chapter 16.36 – No Change]
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CHAPTER 16.40: FIRE CODE
Section
16.40.010 Adoption of the 2022 2025 California Fire Code and 2021 2024 International
Fire Code.
16.40.015 Adoption of Appendix Chapters.
16.40.020 Chapter 1 – Administration.
16.40.040 Chapter 2 – Definitions.
16.40.080 Chapter 5 – Fire Service Features.
16.40.100 Chapter 6 – Building Services and Systems.
16.40.110100 Chapter 7 – Fire and Smoke Protection Features.
16.40.120 Chapter 8 – Interior Finish, Decorative Materials and Furnishings.
16.40.140120 Chapter 9 – Fire Protection and Life Safety Systems.
16.40.160140 Chapter 12 – Energy Systems.
16.40.180160 Chapter 33 – Fire Safety During Construction and Demolition.
16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.
16.40.200 Chapter 49 – Requirements for Wildland- Urban Interface Fire Areas.
16.40.220200 Chapter 50 – Hazardous Materials – General Provisions.
16.40.230220 Chapter 54 – Corrosive Materials.
16.40.240 Chapter 56 – General – Explosives and Fireworks.
16.40.260 Chapter 57 – Flammable and Combustible Liquids.
16.40.280 Chapter 58 – Flammable Gases and Flammable Cryogenic Fluids.
16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.
16.40.320 Chapter 61 – Liquefied Petroleum Gases.
16.40.340 Chapter 64 – Pyrophoric Materials.
16.40.360 Chapter 80 – Referenced Standards
16.40.380360 Appendix B – Fire-Flow Requirements for Buildings
16.40.400380 Appendix C – Fire Hydrant Locations and Distribution
16.40.360400 Appendix D – Fire Apparatus Access Roads
16.40.010 Adoption of the 2022 2025 California Fire Code and 2021 2024 International
Fire Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025
California Fire Code and also the 2021 2024 International Fire Code, and specified
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Appendices and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, except such portions as are
hereinafter deleted, modified, added or amended by this ordinance, and is by such
adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official and the Fire Code Official pursuant to Health and Safety Code Section 18942
and are made available for public inspection.
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 2025 California Fire Code are hereby
adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix D: Fire Apparatus Access Roads
Appendix OP: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses.
16.40.020 Chapter 1 - Administration.
Add Section 101.3.1 of to the 2022 2025 California Fire Code to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City
Council, shall have the authority to delegate any and all responsibility for the maintenance
and enforcement of the provisions of this Code to whichever legal entity he feels best
serves the interests of the City.
Wherever the words “Chief,” “Fire Marshal, “fire code official,” “Fire Department,” “Fire
Prevention Bureau,” “Fire Chief,” and other such similar words are used, they shall mean
and refer to such legal entity designated by the City Manager of Cupertino under the
authority of the City Council of Cupertino.
Wherever the words “municipality,” “jurisdiction,” or “city” are used, they shall mean the
City of Cupertino.
Wherever the words “Executive Body” are used, they shall mean the City Council of
Cupertino.
Wherever the words “Administrator” or “Executive” are used, they shall mean the City
Manager of Cupertino.
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Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall
mean the City Attorney of Cupertino.
Wherever the words “Board of Appeal” are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety.
Amend Table 105.5.9 of the 2025 California Fire Code to read as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS AMOUNT
(cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100lb)
Carbon dioxide used in insulated liquid
carbon dioxide beverage dispensing
applications
875 (100 lb)
Corrosive 200
Flammable (except cryogenic fluids and
liquefied petroleum gases)
200
Highly toxic Any Amount
Moderately toxic Any Amount
Other Health Hazard Materials Any Amount
Inert and simple asphyxiant 6,000
Oxidizing (including oxygen) 504
Pyrophoric Any Amount
Toxic Any Amount
Amend Table 105.5.22 of the 2025 California Fire Code to read as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.5.18
Corrosive materials
Gases See Section 105.5.9
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Liquids 55 gallons
Explosive materials See Section 105.5.16
Flammable materials
Gases See Section 105.5.9
Solids 100 pounds
Highly toxic materials
Gases See Section 105.5.9
Solids Any Amount
Moderately toxic materials
Gases See Section 105.5.9
Gases See Section 105.5.9
Liquids 55 gallons
Solids 500 pounds
Gases See Section 105.5.9
Liquids
Class 4 Any Amount
Class 3 1 gallona
Class 2 10 gallons
Class 1 55 gallons
Solids
Class 4 Any Amount
Class 3 10 poundsb
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
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Class V No Permit Required
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class V No Permit Required
Pyrophoric materials
Gases Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.5.9
Solids 100 pounds
Unstable (reactive) materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
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For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 22 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs
in accordance with Section 5003.5 are provided for quantities of 22 gallons or less.
a.b. 220 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs
in accordance with Section 5003.5 are provided for quantities of 220 pounds or
less.
Add Section 105.5.60 to the 2025 California Fire Code to read as follows:
105.5.60 Institutions. An operational permit is required to operate any health facility as
defined in Section 1250 of the California Health and Safety Code, with an occupant load of
more than six (6) persons, or to operate any jail or facility where personal liberties of the
occupants are restrained. See California Code of Regulations Title 24 Part 2.
Add Section 105.5.61 to the 2025 California Fire Code to read as follows:
105.5.61 Residential care facility. An operational permit is required to operate any
residential care or service facility, as described in the California Building Code,
accommodating more than six (6) persons.
Amend Section 105.6.4 of the California Fire Code to read as follows:
105.6.4 Cryogenic fluids. A construction permit is required for installation of or alteration
to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds
the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code
is not considered to be an alteration and does not require a construction permit.
Add Section 106.2.1 108.2.1 of the 2022 2025 California Fire Code to read as follows:
106.2.1 108.2.1 Construction permit fees. Construction permit fees and plan review fees for
fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the
Santa Clara County Fire Department in accordance with the following table based on
valuation. The valuation shall be limited to the value of the system for which the permit is
being issued. Plan review fees are 65% of the Permit Fee amount. For the purposes of
determining the total fee amount for each permit, the plan review fee shall be added to the
Permit Fee.
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TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$100.00, or fraction thereof, to and including $2,000.00
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00 or fraction thereof, to and including
$25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at
$120.00 for each occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be paid at $120.00 for each
occurrence.
Add Section 106.2.2 108.2.2 the 2022 2025 California Fire Code to read as follows:
106.2.2 108.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa
Clara County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually
2. Day Care Facilities
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More than 6 clients $35.00 - Annually
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane Structures, Tents and Canopies
(Only those requiring permits in accordance with Section
105.6. 47).
$85.00 – Each
occurrence
Add Section 107.5 109.5 to the 2022 2025 California Fire Code to read as follows:
107.5 109.5 Final Inspection. No final inspection as to all or any portion of a development
shall be deemed completed until the installation of the required fire protection facilities and
access ways have been completed and approved. No final certificate of occupancy may be
granted until the Fire Department issues notice of final clearance of such fire protection
facilities and access ways to the Building Department.
16.40.040 Chapter 2 - Definitions.
Add the following definitions:
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; and or
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
HEALTH HAZARD - OTHER. is a hazardous material which affects target organs of the body,
including but not limited to, those materials which produce liver damage, kidney damage,
damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the
body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal
damage) sensitizers or teratogens (effect on fetuses).
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that
induces a significant fire into the device under test and evaluates whether the fire will spread
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to adjacent energy storage system units, surrounding equipment, or through an adjacent
fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million but not more than 5000 7500
parts per million by volume of gas or vapor, when administered by continuous inhalation
for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and
300 grams each.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a period of time reasonably to ensure detection
and remedy of the primary containment failure.
SPILL CONTROL. That level of containment that is external to and separate from the
primary containment and is capable of safely and securely containing the contents of the
largest container and prevents the materials from spreading to other parts of the room.
Amend the following definitions:
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a period of time reasonably necessary to ensure
detection and remedy of the primary containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment using
hazardous materials with a hazard rating of 3 or 4 in accordance with NFPA 704 flammable
or unstable (Class 3 or 4 as ranked by NFPA 704 hazardous materials where a specific
function, laboratory procedure or research activity occurs. Approved or listed hazardous
materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a
workstation are included as part of the workstation. A workstation is allowed to contain
ventilation equipment, fire protection devices, detection devices, electrical devices, and
other processing and scientific equipment.
16.40.080 Chapter 5 - Fire Service Features.
Amend Section 503.1 of the 2022 2025 California Fire Code to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and in accordance with the Fire
Department access Standards.
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Amend Section 503.1.1 of the 2025 California Fire Code to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access road shall comply with the requirements
for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility
and all portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped throughout
with an approved automatic sprinkler system, installed in accordance with
Sections 903.3.1.1 or 903.3.1.2, the dimension may be increased to a maximum of
300 feet when approved by the fire code official.
2. When there are not more than two Group R-3 or accessory Group U
occupancies, the dimension may be increased to a maximum of 200 feet.
3. When apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means
of fire protection shall be provided.
Amend Section 503.2.1 of the 2022 2025 California Fire Code to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) for engines and 26 feet (7925mm) for aerial fire apparatus,
exclusive of shoulders, except for approved gates or barricades in accordance with
Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13
feet 6 inches (4115 mm) or as determined by the fire code official.
Exception: When there are not more than two residential parcels, having only Group
R, Division 3, or Group U occupancy structures, the access road width may be
modified by the fire code official.
Amend Section 503.2.4 of the 2022 2025 California Fire Code as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be
a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section 503.2.7 of the 2022 2025 California Fire Code as follows:
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503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not
exceed 15-percent, unless approved by the fire code official.
Amend Section 503.5 of the 2022 2025 California Fire Code as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the
installation and maintenance of gates or other approved barricades across fire apparatus
access roads, trails, or other accessways, not including the public streets, alleys, or highways.
The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm)
for single-family dwellings. Electric gate operators, where provided shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be designed,
constructed, and installed to comply with the requirements of ASTM F2200.
Amend Section 503.6 of the 2022 2025 California Fire Code as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road
shall be approved by the fire code official. Where security gates are installed, they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements of
ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and
12 feet (4268 mm) for single-family dwellings.
Add Section 504.5 to the 2022 2025 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to or within the building are installed, such devices shall be approved by
the fire code official. All electrically powered access control devices shall be provided with
an approved means for deactivation or unlocking from a single location or otherwise
approved by the fire code official. Access control devices shall must also comply with
Chapter 10.
Amend Section 505.1 of the 2025 California Fire Code to read as follows:
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505.1 Address identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and placed in a
position that is visible from the street or road fronting the property. Address identification
characters shall contrast with their background. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less
than 6 4 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where
required by the fire code official, address identification shall be provided in additional
approved locations to facilitate emergency response. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address identification shall be
maintained.
The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color
which is contrasting to the background and be at least six (6) inches high with a half
(½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid
color which is contrasting to the background and be at least six (6) inches high with
a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid
color which is contrasting to the background and be at least ten (10) inches high
with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid
color which is contrasting to the background and be at least ten eighteen (18) inches
high with a one and a half two (2) inch stroke.
• The number posted over 300 to 400 feet from the public street shall be of one solid
color which is contrasting to the background and be at least ten twenty-four (24)
inches high with a one two and a half (2½) inch stroke.
Amend Section 510.1 of the 2022 2025 California Fire Code to read as follows:
510.1 Emergency responder radio coverage communications enhancement system in
new buildings. Approved radio coverage in-building emergency responder
communication enhancement system (ERCES) for emergency responders shall be
provided within all buildings meeting any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building Code
Section 202);
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2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are
not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired communication system in
accordance with Section 907.2.13.2 shall be permitted to be installed or
maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is
not needed.
3. In facilities where emergency responder radio communications coverage is
required and such systems, components or equipment required could have a
negative impact on the normal operations of that facility, the fire code official
shall have the authority to accept an automatically activated emergency
responder radio communications coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal
strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA)
P25 Phase 2 700 MHz Digital Trunked Radio System within the building in
accordance with Section 510.4.1 without the use of an indoor radio coverage
system.
The radio coverage system shall be installed and maintained in accordance with Sections
510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221,
Standard for the Installation, Maintenance and Use of Emergency Services
Communications Systems.1225, Standard for Emergency Services Communications.
The coverage In-building ERCES within the building shall be based upon the existing
coverage levels of the public safety communication systems of utilized by the jurisdiction,
measured at the exterior of the building. The ERCES, where required, shall be of a type
determined by the fire code official and the frequency license holder(s). This section shall
not require improvement of the existing public safety communication systems.
Add Section 510.1.1 of to the 2022 2025 California Fire Code to read as follows:
510.1.1 Obstruction by new buildings. No obstruction of the public safety system
backhaul shall be allowed without an approved mitigating plan.
Amend Section 510.3.1 of the 2022 2025 California Fire Code to read as follows:
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510.3 Permit required. A construction permit, for the installation of, or modification ofto,
in-building emergency responder radio coverage communications enhancement systems
and related equipment is required as specified in Section 105.7.6105.6.5. Maintenance
performed in accordance with this code is not considered a modification and does not
require a permit. A frequency change made to an existing system is considered to be new
construction and will require a construction permit
Amend Section 510.4 of the 2022 2025 California Fire Code to read as follows:
510.4 Technical requirements. Systems, components and equipment required to provide
the in-building emergency responder radio coverage system communication enhancement
shall be listed in accordance with UL2524 and shall comply with the current Emergency
Responders Radio Coverage Communications Enhancement Systems Standard Details &
Specification enforced by the Santa Clara County Fire Department. Systems, components
and equipment required to provide the in-building emergency responder communications
enhancement system shall comply with Sections 510.4.1 through 510.4.2.8.
Amend Section 510.4.1.1 of the 2022 California Fire Code to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal
strength shall be sufficient to provide usable voice communications throughout the
coverage area as specified by the fire code official. The inbound signal level shall be
sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 for analog
communications and DAQ of 3.4 for digital communications systems or an equivalent
Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology.
Amend Section 510.4.1.2 of the 2022 California Fire Code to read as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal
strength shall be sufficient to provide usable voice communications throughout the
coverage area as specified by the fire code official. The outbound signal level shall be
sufficient to provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4
for digital communications systems or an equivalent SINR applicable to the technology.
Amend Section 510.4.2 of the 2025 California Fire Code to read as follows:
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510.4.2 System design. The in-building emergency responder communications
enhancement system shall be designed in accordance with Sections 510.4.2.1 through
510.4.2.8 and NFPA 1225l and the current Emergency Responder Communications
Enhancement Systems Details and Specification enforced by the Santa Clara County Fire
Department.
Amend Section 510.5 of the 2022 2025 California Fire Code to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio
coverage system shall be in accordance with NFPA 1221 1225 and the current Emergency
Responder Radio Coverage Communication Enhancement Systems Standard Details &
Specification enforced by the Santa Clara County Fire Department.
Amend Section 510.5.2 of the 2022 2025 California Fire Code to read as follows:
510.5.2 Approval prior to installation. Amplification Communications enhancement
systems capable of operating on frequencies licensed to any public safety agency by the
FCC or other radio licensing authority shall not be installed without prior coordination
and approval of the fire code official and the agency FCC license holder or systems
administrator.
Amend Section 510.5.4 of the 2022 2025 California Fire Code to read as follows:
510.5.4 Acceptance test procedure. Where an in-building emergency responder radio
coverage communications enhancement system is required, and upon completion of
installation, the building owner shall have the radio system tested to verify that two-way
coverage on each floor of the building is not less than 95 percent. Final system acceptance
will require ERRCS power level and DAQ testing with agency FCC license holder, systems
administrators, or designee.
16.40.100 Chapter 6 – Building Services and Systems.
SECTION 603 ELECTRICAL EQUIPMENT, WIRING, AND HAZARDS.
Amend Section 603.11 to the 2022 California Fire Code to read as follows:
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats
and similar operations shall be provided with approved over-temperature controls and low
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liquid level electrical disconnects. Manual reset of required protection devices shall be
provided.
SECTION 605 FUEL-FIRED APPLIANCES.
Amend Section 605.5 as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be
prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and
ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are
permitted to be used in one and two-family dwellings, where operated and
maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section
605.5.2.
Amend Section 605.5.2.1.1 to the 2022 California Fire Code to read as follows:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating
appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
16.40.110100 Chapter 7 – Fire and Smoke Protection Features.
Add Section 703.3 to the 2025 California Fire Code to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned
to Risk Category III or IV, or in fire areas containing Group R occupancies with an
occupant load greater than 100, and other occupancies as determined necessary special
inspections for through-penetrations, membrane penetration firestops, fire resistant joint
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systems and perimeter fire containment systems that are tested and listed in accordance
with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section
1705.18.1 or 1705.18.2.
16.40.120 Chapter 8 - Decorative Vegetation in New and Existing Buildings.
Amend Section 806.1.1 of the 2022 California Fire Code to read as follows:
806.1.1 Restricted occupancies. The display of natural cut trees and other decorative
vegetation shall be in accordance with the California Code of Regulations, Title 19, Division
1, §3.08 and Sections 806.1 through 806.4.
16.40.140120 Chapter 9 – Fire Protection and Life Safety Systems.
Amend Section 901.6.2 of the 2022 2025 California Fire Code to read as follows:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are
interconnected, the intended response of subordinate fire protection and life safety
systems shall be verified when required testing of the initiating system is conducted. In
addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and
901.6.2.2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply
with NFPA 4, with an integrated test performed prior to issuance of the certificate of
occupancy and at intervals not exceeding 10 years, unless otherwise specified by an
integrated system test plan prepared in accordance with NFPA 4. If an equipment
failure is detected during integrated testing, a repeat of the integrated test shall not be
required, except as necessary to verify operation of fire protection or life safety
functions that are initiated by equipment that was repaired or replaced. For existing
buildings, the testing timeframe shall be specified by the integrated systems test plan
prepared in accordance with NFPA 4 as approved by the fire code official.
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke
control system as outlined in Section 909, integrated testing shall comply with NFPA 4,
with an integrated test performed prior to issuance of the certificate of occupancy and
at intervals not exceeding 10 years, unless otherwise specified by an integrated system
test plan prepared in accordance with NFPA 4. If an equipment failure is detected
during integrated testing, a repeat of the integrated test shall not be required, except as
necessary to verify operation of fire protection or life safety functions that are initiated
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by equipment that was repaired or replaced. For existing buildings, the testing
timeframe shall be specified by the integrated systems test plan prepared in accordance
with NFPA 4 as approved by the fire code official.
Amend Section 901.6.3 of the 2022 2025 California Fire Code to read as follows:
901.6.3 Records Information. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a minimum of
five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance
documentation requirements.
Amend Section 903.2 of the 2022 2025 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in Sections
903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through
903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area
and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
i.Noncombustible construction.
ii.Maximum 5,000 square feet in building area.
iii.Structure is open on not less than three (3) sides or not less than 75% of
structure perimeter.
iv.Minimum of 10 feet separation from existing buildings, or similar
structures, unless area is separated by fire walls complying with CBC 706.
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d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception:
Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter
5 and Appendix B of the 2022 2025 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of
the California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 2025 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B,
E, F, L, M, S and U buildings and structures, when additions are made that increase
the fire area to more than 3,600 square feet or that create conditions described in
Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a building
area equal to or greater than 3,600 square feet which, in the opinion of the fire code
official or Building Official, would place the building into a more hazardous division
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of the same occupancy group or into a different group of occupancies and
constitutes a greater degree of life safety1 or increased fire risk2, shall require the
installation of an approved automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous operations using hazardous materials,
increased fuel loads (storage of moderate to highly combustible materials),
increased sources of ignition (welding, automotive repair with the use of
flammable liquids and open flames).
Add Section 903.2.11.7 to the 2025 California Fire Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing
systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which
flammable liquids are handled
2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire protection
system standard shall be followed.
Amend Section 907.8 of the 2025 California Fire Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and
procedures for fire alarm and fire detection systems shall be in accordance with Sections
907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall
be documented using NFPA 72 record of inspection and testing forms.
Amend Section 909.22.1 of the 2022 2025 California Fire Code to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated
immediately after the smoke control system has passed the acceptance tests. A written
schedule for routine maintenance and operational testing shall be established and
operational testing must occur at least annually.
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16.40.160140 Chapter 12 – Energy Systems.
SECTION 1202 DEFINITIONS
Amend Section 1202.1 of the 2025 California Fire Code to read as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING.
PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
Amend Section 1207.1.5 of the 2025 California Fire Code to read as follows:
1207.1.57 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire
testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall
be conducted or witnessed and reported by an approved testing laboratory and show that
a fire involving one ESS will not propagate to an adjacent ESS, and where installed within
buildings, enclosed areas and walk-in units will be contained within the room, enclosed
area or walk-in unit for a duration equal to the fire-resistance rating of the room separation
specified in Section 1207.7.4. The test report shall be provided to the fire code official for
review and approval in accordance with Section 104.2.2
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Amend Section 1207.2.2.1 of the California Fire Code to read as follows:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS
installation shall be inspected and tested in accordance with the manufacturer’s instructions
and the operation and maintenance manual. Inspection and testing records shall be
maintained in the operation and maintenance manual and made available to the fire code
official upon request.
Amend Section 1207.5.2 of the 2025 California Fire Code to read as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units
containing electrochemical ESS shall not exceed the maximum allowable quantities in
Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-
resistance rating of fire-barriers shall comply with Table 1207.5.1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing
electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based
on a hazardous mitigation analysis in accordance with Section 1207.1.46 and large-scale
fire testing complying with Section 1207.1.57.
1. Lead-acid and nickel-cadmium battery systems installed in facilities under the
exclusive control of communications utilities and operating at less than 50 VAC
and 60 VDC in accordance with NFPA 76.
2. Dedicated-use buildings in compliance with Section 1207.7.1.
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE
OF
MAXIMUM
ALLOWABLE
QUANTITY
PER FIRE
AREA
NUMBER
OF FIRE
AREAS
PER
STORY
FIRE-
RESISTANCE
RATING FOR
FIRE
BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6
50
50
2
2
2
2
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5
4
3
2
1
75
100
100
100
4
6
6
6
2
2
2
2
2
Lower than 2
50
Not Allowed
2
Not Allowed
3
Not Allowed
Amend Section 1207.5.5 of the 2025 California Fire Code to read as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units
containing electrochemical ESS shall be protected by an automatic fire suppression system
designed and installed in accordance with one of the following:
1. An aAutomatic sprinkler system designed and installed in accordance with Section
903.3.1.1 for ESS units (groups) with a maximum stored energy capacity of 50 kWh, as
described in Section 1207.5.1, shall be designed with a minimum density of 0.3 gpm/ft2
(1.14 L/min) based on the fire area over the area of the room or 2,500 square-foot (232
m2) design area, whichever is larger., unless a lower density is approved based on
large-scale fire testing in accordance with Section 1207.1.7.
2. Where approved, an aAutomatic sprinkler system designed and installed in accordance
with Section 903.3.1.1 with a sprinkler hazard classification for ESS units (groups)
exceeding 50 kWh shall use a density based on large-scale fire testing complying with
Section 1207.1.57.
3. The following alternative automatic fire-extinguishing systems designed and installed
in accordance with Section 904, provided that the installation is approved by the fire
code official based on large-scale fire testing complying with Section 1207.1.57:
3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.
3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.
Exceptions:
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1. Fire suppression systems for lead-acid and nickel-cadmium battery systems at
facilities under the exclusive control of communications utilities that operate at
less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.
2. Lead-acid and nickel-cadmium systems that are used for DC power for control
of substations and control or safe shutdown of generating stations under the
exclusive control of the electric utility, and located outdoors or in building
spaces used exclusively for such installations, shall not be required to have a fire
suppression system installed.
1.3.Lead-acid battery systems in uninterruptable power supplies listed and labeled
in accordance with UL 1778, utilized for standby power applications, which is
limited to not more than 10 percent of the floor area on the floor on which the
ESS is located, shall not be required to have a fire suppression system. (Material
based on NFPA 855 2023 Ed.)
Amend Section 1207.11.3 of the 2025 California Fire Code to read as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units
in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm)
from doors and windows directly entering the dwelling unit and not below or
above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
with finished or noncombustible walls and ceilings. Walls and ceilings of
unfinished wood-framed construction shall be provided with not less than 5/8-inch
(15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into
sleeping rooms or in habitable spaces of dwelling units.
Amend Section 1207.11.6 of the 2025 California Fire Code to read as follows:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with
the following:
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1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in accordance
with Section 907.2.11.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling units, sleeping units and attached garages where smoke
alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is
interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that
triggers an audible alarm upon activation of the waterflow switch, may be used
in place of a heat alarm.
16.40.180160 Chapter 33 – Fire Safety During Construction and Demolition.
Amend Section 33053303.5 of the 2025 California Fire Code to read as follows:
33053303.5 Fire watch. Where required by the fire code official or the site safety plan
established in accordance with Section 3303.1, a fire watch shall be provided for building
demolition and for building construction. Fire watch is not intended to facilitate
occupancy during ongoing construction in a new building.
Add Section 3305.103303.7 to the 2025 California Fire Code to read as follows:
3305.103303.7 Fire Walls. When firewalls are required in combustible construction, the
wall construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather-protected at the location of the wall(s).
Amend Section 3307.1.2 of the 2025 California Fire Code to read as follows:
3307.1.2 Stairways Required. Where building construction exceeds 40 feet (12 192 mm) in
height above the lowest level of fire department vehicle access, a temporary or permanent
stairway shall be provided. As construction progresses, such stairway shall be extended to
within one floor of the highest point of construction having secured decking or flooring.
Each level above the first story in multi-story buildings that require two exit stairways
shall be provided with at least two usable exit stairways after the floor decking is installed.
The stairways shall be continuous and discharge to grade level. Stairways serving more
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than two floor levels shall be enclosed (with openings adequately protected) after exterior
walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be
lighted and maintained clear of debris and construction materials at all times.
Exception: For multi-story buildings, one of the required exit stairs may be obstructed
on not more than two contiguous floor levels for the purposes of stairway construction
(i.e., installation of gypsum board, painting, flooring, etc.).
Add section 3307.1.4 to the 2025 California Fire Code to read as follows:
3307.1.4 Required Means of Egress. All buildings under construction shall have at least
one unobstructed means of egress. All means of egress shall be identified in the written
site safety plan as required by Section 3303.1.
Add Section 3311.1.1 3307.6 of to the 2022 2025 California Fire Code to read as follows:
3311.1.1 3307.6 Fire Department Access Roadways: All construction sites shall be
accessible by fire department apparatus by means of roadways having an all-weather
driving service of not less than 20ft. of unobstructed width. The roads shall have the ability
to withstand the live loads of fire apparatus, and have a minimum 13ft. 6 in. of vertical
clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with
approved turnarounds.
When approved by the Fire Code Official, temporary access roadways may be utilized
until such time that the permanent roadways are installed. As a minimum, the roadway
shall consist of a compacted sub base and six (6) inches of road base material (Class 2
aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges
of the roadway shall be contained and delineated by curb and gutter or other approved
method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may
be required if so determined by the project civil engineer. Provisions for surface drainage
shall also be provided where necessary. The integrity of the roadway shall be maintained
at all times.
Amend Section 3312.1 as follows:
3312.1 Stairways Required. Each level above the first story in multi-story buildings that require
two exit stairways shall be provided with at least two usable exit stairways after the floor decking is
installed. The stairways shall be continuous and discharge to grade level. Stairways serving more
than two floor levels shall be enclosed (with openings adequately protected) after exterior
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walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted
and maintained clear of debris and construction materials at all times.
Exception: For multi-story buildings, one of the required exit stairs may be obstructed on not
more than two contiguous floor levels for the purposes of stairway construction (i.e., installation
of gypsum board, painting, flooring, etc.).
Add Section 3312.4 to read:
Section 3312.4 Required Means of Egress. All buildings under construction shall have at least
one unobstructed means of egress. All means of egress shall be identified in the written fire safety
plan as required by Section 3303.1.
Amend Add Section 3315.1 3313 to the 2025 California Fire Code to read as follows:
Section 3313 Completion Before Occupancy
3315.1 3313.1 Completion before occupancy. In buildings where an automatic sprinkler
system is required by this code or the California Building Code, it shall be unlawful to
occupy any portion of a building or structure until the automatic sprinkler system
installation has been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are
required to be installed, the system shall be placed in service as soon as possible.
Immediately upon the completion of sprinkler pipe installation on each floor level, the
piping shall be hydrostatically tested and inspected. After inspection approval from the
Fire department, each floor level of sprinkler piping shall be connected to the system
supply riser and placed into service with all sprinkler heads uncovered. Protective caps
may be installed on the active sprinklers during the installation of drywall, texturing and
painting, but shall be removed immediately after this work is completed. For system
activation notification, an exterior audible waterflow alarm shall be installed and
connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the
sprinkler system(s) shall remain in service at all times except when system modifications
are necessary. Fire sprinkler systems undergoing modifications shall be returned to service
at the end of each workday unless otherwise approved by the fire department. The
General contractor or his/her designee shall check the sprinkler control valve(s) at the end
of each workday to confirm that the system has been restored to service.
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16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.
Amend Section 4103.1 of the 2025 California Fire Code to read as follows:
4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall
be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4
and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed and labeled in accordance with UL 647
are permitted to be used in one and two-family dwellings, where operated and
maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 4103.1.2.
Amend Section 4103.1.2.1.1 of the 2025 California Fire Code to read as follows:
4103.1.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating
appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
Add Section 4106 to the 2025 California Fire Code to read as follows:
Section 4106 Immersion Heaters
Section 4106.1 Immersion Heaters. All electrical immersion heaters used in dip tanks,
sinks, vats and similar operations shall be provided with approved over-temperature
controls and low liquid level electrical disconnects. Manual reset of required protection
devices shall be provided.
16.40.200 Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas.
Add Section 4901.3 to read:
4901.3 Where applicable. These requirements shall apply to all areas within the City of
Cupertino as set forth and delineated on the map entitled "Wildland-Urban Interface Fire
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Area" which map and all notations, references, data and other information shown thereon
are hereby adopted and made a part of this Chapter. The map properly attested, shall be
on file in the Office of the City Clerk of the City of Cupertino.
Add Section 4901.4 to read:
4901.4 Exemptions. These requirements shall not apply to any land or water area
acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate
for listing as an endangered or threatened species by the state or federal
government.
1. Lands kept in a predominantly natural state as habitat for wildlife, plant, or
animal communities.
2. Open space lands that are environmentally sensitive parklands.
3. Other lands having scenic values, as declared by the local agency, or by state or
federal law.
Add Section 4906.1.1 to read:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of
potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to
buildings, and provide for safe access for emergency wildland fire equipment and
civilian evacuation concurrently, as required by applicable laws and standards.
Add Section 4906.1.2 to read:
4906.1.2 Maintenance required. Maintenance is required to ensure conformance with
these standards and measures, and to assure continued availability, access, and
utilization, of the defensible space during a wildfire.
Add Section 4906.1.3 to read:
4906.1.3 Additional measures. No person subject to these regulations shall permit any fire
hazard, as defined in this chapter, to exist on premises under their control, or fail to take
immediate action to abate a fire hazard when requested to do so by the enforcing agency.
Add Section 4906.1.4 to read:
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4906.1.4 Exemption. For the purposes of this chapter, vegetation removal or management,
undertaken in whole or in part, for fire prevention or suppression purposes shall not be
deemed to alter the natural condition of public property.
Amend Section 4907.3 to read:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads,
driveways, and structures shall be maintained in accordance with the following laws and
regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article
3, Section 1299.03.
3. California Government Code, Sections 51175 – 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07.
5. Any local ordinance of the City of Cupertino.
16.40.220200 Chapter 50 - Hazardous Materials – General Provisions.
Amend Section 5001.2.2.2 of the 2022 2025 California Fire Code to read as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose a
physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
Add Section 5001.5.3 to the 2022 2025 California Fire Code to read as follows:
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5001.5.3 Hazardous materials business plan (HMBP). Where required by the fire code
official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by
California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and
Title 19, Division 2, Chapter 4. He HMBP shall be electronically submitted in accordance
with the fire code official’s requested timeframe and no less frequently than is required by
the HSC.
Amend Section 5002.1 of the 2025 California Fire Code to read as follows:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CORROSIVE LIQUIDS
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD – OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
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LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
Add Section 5003.1.3.1 to the 2022 2025 California Fire Code to read as follows:
5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used or Handled
Materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases
in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter
60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or
vapor shall be in accordance with the requirements for toxic, highly toxic or moderately
toxic gases.
Add Section 5003.1.5 to the 2022 2025 California Fire Code to read as follows:
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5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with this Section 5003.
Add Section 5003.1.6 to the 2022 2025 California Fire Code to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition
to the requirements set forth in Section 5004.2, an approved containment system is required
for any quantity of hazardous materials, that are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such an
event would endanger people, property or the environment. The approved containment
system may be required to include a combination of spill control and secondary containment
meeting the design and construction requirements set forth in Section 5004.2.
Amend Section 5003.2.2.1 of the 2022 2025 California Fire Code to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components
used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials that are compatible with the material to be contained and
shall be of adequate strength and durability to withstand the pressure, structural and
seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves
shall be installed on supply piping and tubing and provided with ready access at the
following locations:
3.1.The point of use.
3.2.The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible, accessible
and indicated by means of a sign.
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5. Backflow prevention or check valves shall be provided where the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig) (103 Kpa), an approved means of leak detection and
emergency shutoff or excess flow control shall be provided. Where the piping
originates from within a hazardous material storage room or area, the excess flow
control shall be located within the storage room or area. Where the piping originates
from a bulk source, the excess flow control shall be located as close to the bulk source
as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be
provided for piping for liquid hazardous materials and for highly toxic and toxic
corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary
containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated
gas may be subjected to thermal expansion. Chambers shall be sized to
provide protection for piping and instrumentation and to accommodate the
expansion of regulated materials.
Amend Section 5003.2.2.2 of the 2022 2025 California Fire Code to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply
piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in
accordance with ASME B31.3 and the following:
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1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the material is a
gas, or an approved method of drainage or containment is provided for connections
if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means
of egress required to be enclosed in fire-resistance-rated construction or in concealed
spaces in areas not classified as Group H Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally recognized standard. Tests shall
be conducted by a qualified "third party" not involved with the construction of the
piping and control systems.
Exception: Piping and tubing within the space defined by the walls of corridors and
the floor or roof above or in concealed space above other occupancies when installed
in accordance with Section 415.11 of the California Building Code for H-5
Occupancies.
Adopt Add Section 5003.5.2 of to the 2022 2025 California Fire Code to read as follows:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
Adopt Add Section 5003.5.3 of to the 2022 2025 California Fire Code to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be
identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
Amend Section 5003.10.4 of the 2022 2025 California Fire Code to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
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5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there
shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of
20 liters (5.28 gal).
5003.10.4.3 Highly tToxic, moderately toxic and moderately highly toxic gases shall
be limited to a container of a maximum water capacity of 1 lb.
5003.10.4.4 Means When transporting cryogenic or liquefied compressed gases
means shall be provided to prevent the elevator from being summoned to other
floors.
Amend Section 5004.2.1 of the 2022 2025 California Fire Code to read as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for
storage of hazardous material liquids in individual vessels having a capacity of more than
55 gallons (208 L) or in which the aggregate capacity of multiple vessels exceeds 1,000
gallons (3785 L), shall be provided with spill control to prevent the flow of liquids to
adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall
be constructed to contain a spill from the largest single vessel by one of the following
methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that connects to an
approved collection system.
Amend Section 5004.2.2.2 of the 2022 2025 California Fire Code to read as follows:
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5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each
other in independent secondary containment systems.
Amend Section 5004.2.3 of the 2022 California Fire Code as follows:
16.40.230220 Chapter 54 – Corrosive Materials.
Amend Section 5402.1 of the 2022 2025 California Fire Code to read as follows:
5402.1 Definitions. The following terms is are defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
16.40.240 Chapter 56 - General – Explosives and Fireworks.
Amend Section 5601.1.3 of the 2022 2025 California Fire Code to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
Exception(s):
1. Storage and handling of fireworks as allowed in Section 5604.
1.2.The use of fireworks for fireworks displays pyrotechnics before a proximate
audience and pyrotechnic special effects in motion pictures, television, theatrical
or group entertainment productions as allowed in
Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and health
and Safety Code Division 11.
The use of fireworks for fireworks displays pyrotechnics before a proximate audience and
pyrotechnic special effects in motion pictures, television, theatrical or group entertainment
productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section
5608 and Health and Safety Code Division 11.
16.40.260 Chapter 57 – Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2022 2025 California Fire Code to read as follows:
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5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or
5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add Section 5704.2.7.5.9 of to the 2022 2025 California Fire Code to read as follows:
5704.2.7.5.9 Automatic and/or Remote Filling of Tanks. Systems that automatically fill
flammable or combustible liquid tanks shall be equipped with overfill protection, approved
by the fire code official, that sends an alarm signal to a constantly attended location and
immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be
tested on an annual basis and records of such testing shall be maintained on-site for a period
of five (5) years.
Amend Section 5704.2.9.6.1 of the 2022 2025 California Fire Code as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II
liquids in above-ground tanks outside of buildings is prohibited in all locations of the City
of Cupertino which are residential or congested commercial areas as determined by the
fire code official.
Amend Section 5706.2.4.4 of the 2022 2025 California Fire Code as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II
liquids in above-ground tanks outside of buildings is prohibited in all locations of the City
of Cupertino which are residential or congested commercial areas as determined by the
fire code official.
Amend section 5707.3.3 of the 2022 California Fire Code as follows:
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5707.3.3 Site plan. A site plan shall be developed for each location or area at which mobile
fueling occurs. The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
16.40.280 Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids.
Amend Section 5806.2 of the 2022 2025 California Fire Code to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside
of buildings is prohibited in all locations of the City of Cupertino which are residential or
congested commercial areas as determined by the fire code official.
Amend Section 5809.3.4 of the 2022 California Fire Code as follows:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be
developed for each location at which mobile gaseous hydrogen fueling occurs. The site
plan shall be in sufficient detail to indicate; all buildings, structures, lot lines, property
lines and appurtenances on site and their use and function, and the scale of the site plan.
16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.
Amend Chapter 60 of the 2025 California Fire Code to read as follows:
Chapter 60 title is amended to read as follows:
Chapter 60 Highly Toxic Material, Toxic Materials, and Moderately Toxic Gases
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Amend Section 6001.1 of the 2022 2025 California Fire Code to read as follows:
6001.1 Scope. The storage and use of highly toxic, toxic and/or moderately toxic
materials shall comply with this chapter. Compressed gases shall also comply with
Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies
complying with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the manufacturer’ s
instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous
Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the U.S.
Environ- mental Protection Agency to be utilized in and around the home,
garden, pool, spa and patio.
Amend Section 6002.1 of the 2025 California Fire Code to read as follows:
Section 6002.1 Definitions.
The following terms are defined in Chapter 2:
CONTAINMENT SYSTEM.
CONTAINMENT VESSEL.
EXCESS FLOW VALVE.
HIGHLY TOXIC.
MODERATELY TOXIC GAS.
OZONE-GAS GENERATOR.
PHYSIOLOGICAL WARNING THERESHOLD.
REDUCED FLOW VALVE.
TOXIC.
Amend Section 6004 of the 2025 California Fire Code to read as follows:
Section 6004 Highly Toxic, Moderately Toxic, And Toxic Compressed Gases
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Amend Section 6004.1 of the 2022 2025 California Fire Code to read as follows:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed
gases shall comply with this section.
Amend Section 6004.1.1 of the 2022 2025 California Fire Code to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor
storage and use of highly toxic, toxic and moderately toxic compressed gases in certain
occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through
6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature
and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately
toxic compressed gases shall not be stored or used in offices, retail sales or classroom
portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume
hoods.
Amend Section 6004.2 of the 2022 2025 California Fire Code to read as follows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic or
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through
6004.2.42.10.3.
Amend Section 6004.2.1 of the 2022 2025 California Fire Code to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 6004.2.1.1 through 6004.2.1.4.
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Adopt Add Section 6004.2.1.4 of to the 2022 2025 California Fire Code to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding the
maximum allowable quantities per control area. The indoor storage or use of highly toxic,
toxic and moderately toxic gases in amounts not exceeding the minimum threshold
quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum
allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with
Sections 5001, 5003, 6001, and 6004.1 and 6004.4.
Add Table 6004.2.1.4 to the 2022 2025 California Fire Code to read as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Add Section 6004.4 to the 2022 2025 California Fire Code to read as follows:
6004.4 General indoor requirements. The general requirements applicable to the indoor
storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in
accordance with Sections 6004.4 through 6004.4.8.2.
Add Section 6004.4.1 to the 2022 2025 California Fire Code to read as follows:
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,
exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within
gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8.
Add Section 6004.4.2 to the 2022 2025 California Fire Code to read as follows:
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures
are located shall be provided with exhaust ventilation. Gas cabinets or exhausted
enclosures shall not be used as the sole means of exhaust for any room or area.
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Add Section 6004.4.3 to the 2022 2025 California Fire Code to read as follows:
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping
and controls on stationary tanks, portable tanks, and cylinders shall comply with the
following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a
means of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
Add Section 6004.4.4 to the 2022 2025 California Fire Code to read as follows:
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
Add Section 6004.4.5 to the 2022 2025 California Fire Code to read as follows:
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment
system. The treatment system shall be utilized to handle the accidental release of gas and
to process exhaust ventilation. The treatment system shall be designed in accordance with
Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
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2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic-closing fail- safe valves shall be located immediately adjacent
to cylinder valves and shall close when gas is detected at the permissible exposure
limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge
from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
Add Section 6004.4.5.1 to the 2022 2025 California Fire Code to read as follows:
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning or otherwise processing the contents of the largest single
vessel of compressed gas. Where a total containment system is used, the system shall be
designed to handle the maximum anticipated pressure of release to the system when it
reaches equilibrium.
Add Section 6004.4.5.2 to the 2022 2025 California Fire Code to read as follows:
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life
and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is
emitted to the treatment system, the treatment system shall be designed to handle the
worst-case release based on the release rate, the quantity and the IDLH for all compressed
gases stored or used.
Add Section 6004.4.5.3 to the 2022 2025 California Fire Code to read as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
Add Section 6004.4.5.4 to the 2022 2025 California Fire Code to read as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of
release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
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rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall
be utilized for computation purposes. Flow rates indicated on the label shall be converted
to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure
(NTP).
Add Section 6004.4.5.5 to the 2022 2025 California Fire Code to read as follows:
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable
tanks and cylinders shall be calculated based on the total release from the cylinder or tank
within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are
equipped with approved excess flow or reduced flow valves, the worst-case release shall
be determined by the maximum achievable flow from the valve as determined by the
valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves
shall be permanently marked by the valve manufacturer to indicate the maximum design
flow rate. Such markings shall indicate the flow rate for air under normal temperature and
pressure.
Add Section 6004.4.6 to the 2022 2025 California Fire Code to read as follows:
6004.4.6. Emergency power. Emergency power shall be provided for the following systems
in accordance with Section 6041203:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
Add Section 6004.4.6.1 of to the 2022 2025 California Fire Code to read as follows:
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed
and designed to stop gas flow.
Add Section 6004.4.7 of to the 2022 2025 California Fire Code to read as follows:
6004.4.7 Automatic fire detection system. An approved automatic fire detection system
shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic
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compressed gases are stored or used. Activation of the detection system shall sound a local
alarm. The fire detection system shall comply with Section 907.
Add Section 6004.4.8 of to the 2022 2025 California Fire Code to read as follows:
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall
be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for
which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when
the physiological warning threshold level for the gas is at a level below the accepted
PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non-continuously welded connects
are within a gas cabinet or exhausted enclosures.
Add Section 6004.4.8.1 of to the 2022 2025 California Fire Code to read as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
Add Section 6004.4.8.2 of to the 2022 2025 California Fire Code to read as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the
shut off valve at the source on gas supply piping and tubing related to the system being
monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
16.40.320 Chapter 61 – Liquefied Petroleum Gases.
Amend Section 6104.2 of the 2022 2025 California Fire Code as follows:
6104.2 Maximum capacity within established limits. Within the limits established by law
restricting the storage of liquefied petroleum gas for the protection of heavily populated or
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congested areas, the aggregate capacity of any one installation shall not exceed a water
capacity of 2,000 gallons (7,570 L) in all locations of the City of Cupertino which are
residential or congested commercial areas as determined by the fire code official.
Exception: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or
cooking uses may be permitted if stored and handled in accordance with this code.
Facilities in commercial areas for refueling portable or mobile LPG containers may be
approved by the fire code official on a case by case basis.
16.40.340 Chapter 64 – Pyrophoric Materials.
Add Section 6405.3.1 to the 2022 2025 California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall
automatically shut down at the source upon activation of the gas detection system at levels
above the alarm level and/or failure of the ventilation system for the silane distribution
system
16.40.360 Chapter 80 – Referenced Standards.
Add the following Referenced Standard to Chapter 80 of the 2022 California Fire Code
to read:
NFPA
855-20: Standard for the Installation of Stationary Energy Storage Systems
16.40.380360 Appendix B – Fire-Flow Requirements for Buildings.
Amend Section B105.2 of Appendix B of the 2022 2025 California Fire Code to read:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses. The minimum fire-flow and flow duration for buildings other
than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall
be as specified in Tables B105.1(2) and B105.2.
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Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding
1,000 square feet, primarily constructed of noncombustible exterior walls with wood or
steel roof framing, having a Class A roof assembly, with uses limited to the following
or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000 square
feet and residential podium buildings shall not exceed 25 percent of the fire flow specified
in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not
exceed 50 percent of the fire flow specified in Table B105.1(2).
16.40.400380 Appendix C – Fire Hydrant Locations and Distribution.
Amend Section C102 of Appendix C of the 2022 2025 California Fire Code to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants
available to a building shall be not less than the minimum specified in Table C102.1,
utilizing the base fire flow without fire sprinkler reduction.
16.40.420400 Appendix D – Fire Apparatus Access Roads.
Delete Section D103.1 as followsof the 2025 California Fire Code:
Amend Section D103.2 of the 2025 California Fire Code to read as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not
exceed 15-percent, unless approved by the fire code official.
Amend Section D103.3 of the 2025 California Fire Code to read as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall
be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section D103.4 of the 2025 California Fire Code to read as follows:
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D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of
150 feet (45 720 mm) shall be provided with width and turnaround provisions in
accordance with Santa Clara County Fire Department apparatus access and turnaround
standards.
Amend Section D103.6 of the 2025 California Fire Code to read as follows:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall
be designated and marked as a fire lane as set forth in Section 22500.1 of the California
Vehicle Code and the Santa Clara County Fire Department A-6 Standard. Signs shall have
a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have
red letters on a white reflective background. Signs shall be posted on one or both sides of
the fire apparatus road as required by Section D103.6.1 or D103.6.2.
Chapter 16.42 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.42 to be entitled, numbered, and to read as follows:
CHAPTER 16.42: PROPERTY MAINTENANCE CODE
16.42.010 Adoption of the 2024 International Property Maintenance Code
A. The provisions of the 2021 2024 International Property Maintenance Code and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if fully
set forth in this chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 and are made available for public inspection.
[Title 16 – Chapter 16.52 – No Change]
Chapter 16.54 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.54 to be entitled, numbered, and to read as follows:
CHAPTER 16.54: ENERGY CODE
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Section
16.54.010 Adoption of the 2022 2025 California Energy Code.
16.54.020 Local Energy Code Amendments.
16.54.010 Adoption of 2022 2025 California Energy Code.
A. The provisions of the 2022 2025 California Energy Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth
in this chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 and are made available for public inspection.
16.54.020 Local Energy Code Amendments.
A. Amendments to Subchapter 1 (All Occupancies – General Provisions)
Amend Section 100.1(b) of the 2022 2025 California Energy Code to add the following
definitions:
ELECTRIC HEATING APPLIANCE is a device that produces heat energy to create a
warm environment by the application of electric power to resistance elements, refrigerant
compressors, or dissimilar material junctions, as defined in the California Mechanical
Code.
KITCHEN, INSTITUTIONAL COMMERCIAL is a kitchen dedicated to a foodservice
establishment that provides meals at institutions including schools, colleges and
universities, hospitals, correctional facilities, private cafeterias, nursing homes, and other
buildings or structures in which care or supervision is provided to occupants.
KITCHEN, QUICK-SERVICE COMMERCIAL is a kitchen dedicated to an establishment
primarily engaged in providing fast food, fast casual, or limited services. Food and drink
may be consumed on premises, taken out, or delivered to the customer’s location.
NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and
grille slats in a vent through which air can pass. The narrowest distance between two slats,
perpendicular to the surface of both slats is the air gap height. The narrowest width of the
gap is the air gap width. The NFA is the air hap height multiplied by the air hap width
multiplied by the total number of air gaps between slats in the vent.
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B. Amendments to Subchapter 3 (Nonresidential, Hotel/Motel Occupancies, and
Covered Processes – Mandatory Requirements)
Amend Section 120.2 of the 2022 California Energy Code to read as follows:
SECTION 120.2 – REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS
(a) – (k): Subsections 120.2(a) – (k) are adopted without modification.
(l) HVAC Hot Water Temperature. Zones that use hot water for space heating shall be
designed for a hot water supply temperature of no greater than 130 °F.
Amend Section 120.6 of the 2022 California Energy Code to read as follows:
SECTION 120.6 – MANDATORY REQUIREMETNS FOR COVERED PROCESSES
(a) – (j): Subsections 120.6(a) – (j) are adopted without modification.
(k) Mandatory requirements for commercial kitchens. Electric Readiness for Newly
Constructed Commercial Kitchens shall mee the following requirements:
1. Each quick-service commercial kitchens and institutional commercial kitchens shall
include a dedicated branch circuit wiring and outlet that would be accessible to
cookline appliances and shall meet all of the following requirements:
a. The branch circuit conductors shall be rated at 50 amps minimum.
b. The electrical service shall have a minimum capacity of 800 connected amps.
2. The electrical service panel shall be sized to accommodate an additional either 208v
or 240v 50-amp breaker.
EXCEPTION 1 to Section 120.6(k): Healthcare facilities.
EXCEPTION 2 to Section 120.6(k): All-electric commercial kitchens.
C.B. Amendments to Subchapter 4 (Nonresidential and Hotel/Motel Occupancies –
Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power
Distribution Systems)
Amend Section 130.0 of the 2022 2025 California Energy Code To read as follows:
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SECTION 130.0 – LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL
POWER DISTIBUTIONS SYSTEMS – GENERAL
(a) The design and installation of all lighting systems and equipment in nonresidential and
hotel/motel buildings, outdoor lighting, and electrical power distribution systems
within the scope of Section 100.0(a), shall comply with the applicable provisions of
Sections 130.0 through 130.6.
NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed
buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also
apply to additions and alterations to existing buildings.
(b) – (c): Subsections 130.0(b) – (c) are adopted without modification.
Amend Subchapter 4 of the 2022 2025 California Energy Code to add Section 130.6 to be
numbered, entitled, and to read as follows:
SECTION 130.6 ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING
GAS OR PROPANE
Where nonresidential systems using gas or propane are installed, the construction
drawings shall indicate electrical infrastructure and physical space accommodation the
future installation of an electric heating appliance in the following ways, as certified by a
registered design professional or licensed electrical contractor.
(a) Branch circuit wiring, electrically isolated and designed to serve all electric heating
appliances in accordance with manufacturer requirements and the California
Electrical Code, including the appropriate voltage, phase, minimum amperage, and
an electrical receptacle or junction box within five feet of the appliance that is
accessible with no obstructions. Appropriately sized conduit may be installed in
lieu of conductors; and
(b) Labeling of both ends of the unused conductors or conduit shall be with “For
Future Electrical Appliance”; and
(c) Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on
the opposite end of the panel supply conductor connection; and
(d) Connected subpanels, panelboards, switchboards, busbars, ad transformers shall be
size to serve the future electric heating appliance. The electrical capacity requires
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shall be adjusted for demand factors in accordance with the California Electric
Code; and
(e) Physical space for future electric heating appliances, including equipment footprint,
and if needed a pathway reserved for routing of ductwork to heat pump
evaporator(s), shall be depicted on the construction drawings. The footprint
necessary for future electric heating appliance may overlap with non-structural
partitions and with the location of currently designed combustion equipment.
D. Amendments to Subchapter 5 (Nonresidential and Hotel/Motel Occupancies –
Performance and Prescriptive Approaches for Achieving Energy Efficiency)
Amend Section 140.0 of the 2022 California Energy Code to read as follows:
SECTION 140.0 – PERFORMANCE AND PRESCRIPTIVE COMPIANCE
APPROACHES
Nonresidential and hotel/motel buildings shall comply with all of the following:
(a) The requirements of Sections 100.0 through 110.12 applicable to the
building project (mandatory measures for all buildings).
(b) The requirements of Sections 120.0 through 130.6 (mandatory measures
for nonresidential and high-rise residential and hotel/motel buildings).
(c) Either the performance compliance approach (energy budgets) specified
in Section 140.1 or the prescriptive compliance approach specified in
Section 140.2 for the Climate Zone in which the building will be located.
Climate zones are shown in FIGURE 100.1-A.
NOTE to Section 140.0(c): The Commission periodically updates, publishes
and makes available to interested persons and local enforcement agencies
precise descriptions of the Climate Zones, which is available by zip code
boundaries depicted in the Reference Joint Appendices along with a list of
the communities in each zone.
NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10
apply to newly constructed buildings. Section 141.0 specifies which
requirements of Section 140.1 through 140.10 also apply to additions or
alterations to existing buildings.
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Amend Section 140.1 of the 2022 California Energy Code to read as follows:
SECTION 140.1 – PERFORMANCE APPROACH: ENERGY BUDGETS
A building complies with the performance approach provided that (1) the time-
dependent valuation (TDV) energy budget calculated for the Proposed Design
Building under Subsection (b) is no greater than the TDV energy budget
calculated for the Standard Design Building under Subsection (a), and (2) the
source energy budget calculated for the proposed design building under
Subsection (b) has a source energy compliance margin, relative to the energy
budget calculated for the standard design building under Subsection (a), of at
least 10 percent for all nonresidential occupancies.
EXCEPTION 1 to 140.1 item (2). A source energy compliance margin of 0
percent or greater is required when nonresidential occupancies are designed
with single zone space-conditioning systems complying with Section 140.4(a)2.
(a) – (c) Subsections 140.1 (a) – (c) are adopted without modification.
E. Amendments to Subchapter 7 (Single-Family Residential Buildings –
Mandatory Features and Devices)
Amend Section 150.0 of the 2022 California Energy Code to read as follows:
SECTION 150.0 – MANDATORY FEATURES AND DEVICES
Single-family residential buildings shall comply with the applicable
requirements of Sections 150(a) through 150.0(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly
constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements
of Sections 150.0(a) through(r) also apply to additions or alterations. The
amendments to Section 150.0(t) do not apply to additions or alterations.
(t) Heat pump space heater ready. Systems using gas or propane furnace to
serve individual dwelling units shall include the following:
1. A dedicated 240-volt branch circuit wiring shall be installed within 3
feet from the furnace and accessible to the furnace with no
obstructions. The branch circuit conductors shall be rated at 30 amps
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minimum. The blank cover shall be identified as “240V ready.” All
electrical components shall be installed in accordance with the
California Electrical Code.
2. The main electrical service panel shall have a reserved space to allow
for the installation of a double pole circuit breaker for a future heat
pump space heater installation. The reserved space shall be
permanently marked as “For Future 240 V use.”
3. A designated exterior location for a future heat pump compressor unit
with either a drain or natural drainage for condensate.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.
F. Amendments to Subchapter 8 (Performance and Prescriptive Compliance for
Single-Family Residential Buildings)
Amend Section 150.1 of the 2022 California Energy Code to read as follows:
SECTION 150.1 – PERFORMANCE AND PRESCRIPTIVE COMPLIANCE
APPROACHES FOR SINGLE-FAMILY RESIDENTIAL BUILDINGS
(a): Subsection 150.1(a) is adopted with modification
(b) Performance Standards. A building complies with the performance
standards if the energy consumption calculated for the proposed design
building is no greater than the energy budget calculated for the standard
design building using Commission-certified compliance software as
specified by the Alternative Calculation Methods Approval Manual, as
specified in sub-sections 1, 2 and 3 below.
a. Newly Constructed Buildings. The Energy Budget for newly
constructed buildings is expressed in terms of the Energy Design
Ratings, which are based on source energy and time-dependent
valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based
on source energy. The Energy Design Rating 2 (EDR2) is based on
TDV energy and has two components, the Energy Efficiency Design
Rating, and the Solar Electric Generation and Demand Flexibility
Design Rating. The total Energy Design Rating shall account for both
the Energy Efficiency Design Rating and the Solar Electric Generation
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and Demand Flexibility Design Rating. The proposed building shall
separately comply with the Source Energy Design Rating, Energy
Efficiency Design Rating and the Total Energy Design Rating. A
building complies with the performance approach if the TDV energy
budget calculated for the proposed design building is no greater than
the TDV energy budget calculated for the Standard Design Building
AND Source Energy compliance margin of at least nine, relative to the
Source Energy Design Rating 1 calculated for the Standard Design
building.
EXCEPTION 1 to Section 150.1(b)1. A community shared solar
electric generation system, or other renewable electric generation
system, and/or community shared battery storage system, which
provides dedicated power, utility energy reduction credits, or
payments for energy bill reductions, to the permitted building and is
approved by the Energy Commission as specified in Title 24, Part 1,
Section 10-115, may offset part or all of the solar electric generation
system Energy Design Rating required to comply with the Standards,
as calculated according to methods established by the Commission in
the Residential ACM Reference Manual.
EXCEPTION 2 to Section 150.1(b)1. A newly constructed building
with a conditioned floor area less than 1,500 square feet shall achieve a
Source Energy compliance margin of four or greater, relative to the
Source Energy Design Rating 1 calculated for the Standard Design
building.
EXCEPTION 3 to Section 150.1(b)1. If a newly constructed building
with a conditioned floor area less than 625 square feet demonstrates
that due to conditions specific to the project it is technically infeasible
to achieve compliance, the Building Official may reduce the
compliance margin to between 0 and 4.
(b)(2) – (3): Subsections 150.1(b)2 and (b)3 are adopted without
modification.
(c): Subsection 150.1(c) is adopted without modification
G. Amendments to Subchapter 10 (Multifamily Buildings – Mandatory
Requirements)
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Amend Section 160.4 of the 2022 California Energy Code to read as follows:
SECTION 160.4 – MANDATORY REQUIREMENTS FOR WATER-HEATING
SYSTEMS.
(a) Reserved.
(b)(a) - (f): Subsections 160.4(b) – (f) are adopted without modification.
SECTION 160.9 - MANDATORY REQUIREMENTS FOR ELECTRIC READY
BUILDINGS
(a) – (c): Subsections 160.9(a) – (c) are adopted without modification.
(d) Individual Heat Pump Water Heater Ready. Systems using gas or propane
water heaters to serve individual dwelling units shall include the following
components and shall meet the requirements of Section 160.9(f):
1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the
electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to
30 amps, within 3 feet from the water heater and accessible to the water
heater with no obstructions. In addition, all of the following:
A. Both ends of the unused conductor shall be labeled with the word
“spare” and be electrically isolated; and
B. A reserved single pole circuit breaker space in the electrical panel
adjacent to the circuit breaker for the branch circuit in A above and
labeled with the words “Future 240V Use”.
2. A condensate drain that is no more than 2 inches higher than the base of the
installed water heater, and allows natural draining without pump assistance.
3. The construction drawings shall indicate the location of the future heat
pump water heater. The reserved location shall have minimum interior
dimensions of 39”x39”x96”.
4. A ventilation method meeting one of the following:
A. The designed space reserved for the future heat pump water heater
shall have a minimum volume of 700 cubic feet; or
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B. The designed space reserved for the future heat pump water heater
shall vent to a communicating space in the same pressure boundary
via permanent openings with a minimum total net free area of 250
square inches so that the total combined volume connected via
permanent openings is 700 cu. ft. or larger. The permanent openings
shall be:
i. Fully louvered doors with fixed louvers consisting of a
single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer
of fixed flat slat louvers or grilles, one commencing within
12 inches from the top of the enclosure and one
commencing within 12 inches from the bottom of the
enclosure.
C. The designed space reserved for the future heat pump water heater
shall include two 8” capped ducts, venting to the building exterior:
i. All ducts, connections and building penetrations shall be
sealed.
ii. Exhaust air ducts and all ducts which cross pressure
boundaries shall be insulated to a minimum insulation level
of R-6.
iii. Airflow from termination points shall be diverted away
from each other.
(e) Central Heat Pump Water Heater Electric Ready. Central water heating
systems using gas or propane to serve multiple dwelling units shall include the
following:
1. The system input capacity of the gas or propane water heating system
shall be determined as the sum of the input gas or propane capacity of all
water heating devices associated with each gas or propane water heating
system.
2. Space reserved shall include:
A. Heat Pump. The minimum space reserved shall include space for
service clearances and air flow clearances and shall meet one of the
following:
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i. If the system input capacity of the gas water heating system
is less than 200,000 BTU per hour, the minimum space
reserved for the heat pump shall be 2.0 square feet per
input 10,000 BTU per hour of the gas or propane water
heating system, and the minimum linear dimension of the
space reserved shall be 48 linear inches.
ii. If the system input capacity of the gas water heating system
is greater than or equal to 200,000 BTU per hour, the
minimum space reserved for the heat pump shall be 3.6
square feet per input 10,000 BTU per hour of the gas or
propane water heating system, and the minimum linear
dimension of the space reserved shall be 84 linear inches.
iii. The space reserved shall be the space required for a heat
pump water heater system that meets the total building hot
water demand as calculated and documented by the
responsible person associated with the project.
B. Tanks. The minimum space reserved shall include space for service
clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system
is less than 200,000 BTU per hour, the minimum space
reserved for the storage and temperature maintenance
tanks shall be 4.4 square feet per input 10,000 BTU per hour
of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system
is greater than or equal to 200,000 BTU per hour, the
minimum physical space reserved for the storage and
temperature maintenance tanks shall be 3.1 square feet per
input 10,000 BTU per hour of the gas or propane water
heating system.
iii. The space reserved shall be the space required for a heat
pump water heater system that meets the total building hot
water demand as calculated and documented by the
responsible person associated with the project.
3. Ventilation shall be provided by meeting one of the following:
A. Physical space reserved for the heat pump shall be located outside, or
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B. A pathway shall be reserved for future routing of supply and exhaust
air via ductwork from the reserved heat pump location to an
appropriate outdoor location. Penetrations through the building
envelope for louvers and ducts shall be planned and identified for
future use. The reserved pathway and penetrations through the
building envelope shall be sized to meet one of the following:
i. If the system input capacity of the gas water heating system
is less than 200,000 BTU per hour, the minimum air flow
rate shall be 70 CFM per input 10,000 BTU per hour of the
gas or propane water heating system and the total external
static pressure drop of ductwork and louvers shall not
exceed 0.17 inch when the future heat pump water heater is
installed.
ii. If the system input capacity of the gas water heating system
is greater than or equal to 200,000 BTU per hour, the
minimum air flow rate shall be 420 CFM per input 10,000
BTU per hour of the gas or propane water heating system
and the total external static pressure drop of ductwork and
louvers shall not exceed 0.17 inch when the future heat
pump water heater is installed.
iii. The reserved pathway and penetrations shall be sized to
serve a heat pump water heater system that meets the total
building hot water demand as calculated and documented
by the responsible person associated with the project.
4. Condensate drainage piping. An approved receptacle that is sized in
accordance with the California Plumbing Code to receive the condensate
drainage shall be installed within 3 feet of the reserved heat pump
location, or piping shall be installed from within 3 feet of the reserved
heat pump location to an approved discharge location that is sized in
accordance with the California Plumbing Code, and meets one of the
following:
A. If the system input capacity of the gas water heating system is less
than 200,000 BTU per hour, condensate drainage shall be sized for 0.2
tons of refrigeration capacity per input 10,000 BTU per hour.
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B. If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU per hour, condensate drainage shall be
sized for 0.7 tons of refrigeration capacity per input 10,000 BTU per
hour.
C. Condensate drainage shall be sized to serve a heat pump water heater
system that meets the total building hot water demand as calculated
and documented by the responsible person associated with the
project.
5. Electrical.
A. Physical space shall be reserved on the bus system of the main
switchboard or on the bus system of a distribution board to serve the
future heat pump water heater system including the heat pump and
temperature maintenance tanks. In addition, the physical space
reserved shall be capable of providing adequate power to the future
heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space
reserved shall comply with one of the following:
A. If the system input capacity of the gas water
heating system is less than 200,000 BTU per hour,
provide 0.1 kVA per input 10,000 BTU per hour.
B. If the system input capacity of the gas water
heating system is greater than or equal to 200,000
BTU per hour, provide 1.1 kVA per input 10,000
BTU per hour.
C. The physical space reserved supplies sufficient
electrical power required to power a heat pump
water heater system that meets the total building
hot water demand as calculated and documented
by the responsible person associated with the
project.
ii. Temperature Maintenance Tank. For the Temperature
Maintenance Tank, the physical space reserved shall
comply with one of the following:
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A. If the system input capacity of the gas water
heating system is less than 200,000 BTU per hour,
provide 1.0 kVA per input 10,000 BTU per hour.
B. If the system input capacity of the gas water
heating system is greater than or equal to 200,000
BTU per hour, provide 0.6 kVA per input 10,000
BTU per hour.
iii. The physical space reserved supplies sufficient electrical
power required to power a heat pump water heater system
that meets the total building hot water demand as
calculated and documented by the responsible person
associated with the project.
(f) The building electrical system shall be sized to meet the future electric
requirements of the electric ready equipment specified in sections 160.9 a – e. To
meet this requirement the building main service conduit, the electrical system to
the point specified in each subsection, and any on-site distribution transformers
shall have sufficient capacity to supply full rated amperage at each electric ready
appliance in accordance with the California Electric Code.
H. Amendments to Subchapter 11 (Multifamily Buildings—Performance and
Prescriptive Compliance Approaches)
Amend Section 170.1 of the 2022 California Energy Code to read as follows:
SECTION 170.1 - PERFORMANCE APPROACH
A building complies with the performance approach if the TDV energy budget
calculated for the proposed design building under Subsection (b) is no greater
than the TDV energy budget calculated for the standard design building under
Subsection (a). Additionally, (1) the energy budget, expressed in terms of source
energy, of a newly constructed low-rise multifamily building (three habitable
stories or less) shall be at least 9 percent lower than that of the standard design
building; and (2) newly Constructed high-rise multifamily buildings (greater
than four habitable stories) shall be at least 1 percent lower than that of the
standard design building.
(a) – (d): Subsections 170.1(a) – (d) are adopted without modification.
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[Title 16 – Chapter 16.56 – No Change]
Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety
and replaced with the following Chapter 16.58 to be entitled, numbered, and to read as
follows:
Chapter 16.58: GREEN BUILDING STANDARDS CODE
Section
16.58.010 Adoption of the 2022 2025 California Green Building Standards Code.
16.58.015 Adoption of Appendix Chapters.
16.58.020 Local Amendments.
16.58.030 Title.
16.58.040 Scope.
16.58.100 Mandatory Requirements.
16.58.110 Project Types.
16.58.120 Residential Projects.
15.58.130 Residential New Construction – Equal To or Less Than Nine (9) Homes.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
16.58.150 Major Multi-Family Residential Renovations/Additions
16.58.160 Non-Residential New Construction, Small.
16.58.170 Non-Residential New Construction, Medium.
16.58.180 Non-Residential New Construction, Large.
16.58.190 Non-Residential Renovation/Additions, Minor.
16.58.200 Non-Residential Renovations/Additions, Major.
16.58.210 Tenant Improvements.
16.58.220 Mixed-Use.
16.58.230 Table 101.10 – Added.
16.58.240 Alternate Green Building Standards.
16.58.250 Verification.
16.58.260 Exemptions.
16.58.280 Definitions.
16.58.300 Compliance with Local Water-Efficient Landscape Ordinance – Residential.
16.58.310 Compliance with Local Water-Efficient Landscape Ordinance – Non-
Residential.
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16.58.400 Electrical Vehicle (EV) Charging – Residential.
16.58.420 Electrical Vehicle (EV) Charging – Non-Residential.
16.58.010 Adoption of the 2022 2025 California Green Building Standards Code.
A. The provisions of the 2022 2025 California Green Building Standards Code and each
and all of the regulations, provisions, conditions and terms of the code is referred to as
if fully set forth in this chapter, and, except as to additions, deletions and amendments
hereinafter described, such code is hereby adopted and made a part hereof, the same as
if fully set forth in this Chapter.
1. In accordance with California Health and Safety Code Sections 17958.7 and 18941.5,
express findings that modifications to the California Green Building Standards
Code are reasonably necessary because of local climatic, geological, or
topographical conditions are either already on file with the California Building
Standards Commission or will be filed prior to the effective date of the ordinance
codified in this Chapter.
B. One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 and is made available for public
inspection.
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 2025 California Green Building Standards Code
have been adopted.
16.58.020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-
referenced provisions of the 2022 2025 California Green Building Standards Code and shall
be deemed to amend the cross-referenced sections of said Code with the respective
provisions set forth in this Chapter.
16.58.030 Title.
Amend Section 101.1 of the 2022 2025 California Green Building Standards Code to read as
follows:
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101.1 Title. These regulations shall be known as the California Green Building Standards
Code as amended by the City of Cupertino and may be cited as such and will be referred
to herein as “this code.” The California Green Building Standards Code as amended by the
City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and
publication of the adoption, amendment, and repeal of building regulations to the
California Code of Regulations, Title 24, also referred to as the California Building
Standards Code.
16.58.040 Scope.
Amend Section 101.3 of the 2022 2025 California Green Building Standards Code to read as
follows:
101.3 Scope. The provisions of this code shall apply to the planning, design, operation,
construction, use and occupancy of every newly constructed building or structure, unless
otherwise indicated in this code for the City of Cupertino.
The California Green Building Standards Code also is hereby amended to apply to
additions, renovations and tenant improvements of privately-owned buildings and
structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the certification
requirements of any private, third-party green building program.
16.58.100 Mandatory Requirements.
Amend Section 101.10 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10 Mandatory Requirements. This code contains mandatory green building
measures. In addition, this Chapter contains required minimum green building measures
as amended by the City of Cupertino. All new buildings and structures, additions,
renovations and tenant improvements subject to requirements in Table 101.10 shall comply
with the mandatory measures of the 2022 2025 California Green Building Standards Code
as adopted by the state in addition to local amendments included in this code, regardless
of height or number of stories, unless specifically exempted by this code.
16.58.110 Project Types.
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Add Section 101.10.1 of the 2022 2025 California Green Building Standards Code to read as
follows:
101.10.1 Project Types - as set forth in Table 101.10.
16.58.120 Residential Projects.
Add Section 101.10.1.1 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1 Residential Projects - as set forth in Table 101.10.
16.58.130 Residential New Construction – Equal To or Less than Nine (9) Homes.
Add Section 101.10.1.1.1 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1.1 Residential New Construction - Equal To or Less than Nine (9) Homes - as set
forth in Table 101.10.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
Add Section 101.10.1.1.2 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1.2 Residential New Construction - Greater than Nine (9) Homes or More - as set
forth in Table 101.10.
16.58.150 Major Multi-Family Residential Renovations/Additions.
Add Section 101.10.1.1.3 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1.3 Major Multi-Family Residential Renovations/Additions - as set forth in
Table101.10. Requirements shall only apply to the area of renovation/addition.
16.58.160 Non-Residential New Construction, Small.
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Add Section 101.10.1.1.4 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1.4 Non-Residential New Construction, Small - as set forth in Table 101.10.
16.58.170 Non-Residential New Construction, Medium.
Add Section 101.10.1.1.5 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.1.1.5 Non-Residential New Construction, Medium - as set forth in Table 101.10.
16.58.180 Non-Residential New Construction, Large.
Add Section 101.10.1.1.6 of the 2022 2025 California Green Building Standards Code to
read as follows
101.10.1.1.6 Non-Residential New Construction, Large - as set forth in Table 101.10.
16.58.190 Non-Residential Renovations/Additions, Minor.
Add Section 101.10.1.1.7 of the 2022 2025 California Green Building Standards Code to
read as follows:
101.10.1.1.7 Non-Residential Renovations/Additions, Minor – as set forth in Table 101.10.
Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Non-Residential Renovations/Additions, Major.
Add Section 101.10.1.1.8 of the 2022 2025 California Green Building Standards Code to
read as follows:
101.10.1.1.8 Non-Residential Renovations/Additions, Major - as set forth in Table 101.10.
Requirements shall only apply to the area of renovation/addition.
16.58.210 Tenant Improvements.
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Add Section 101.10.1.1.9 of the 2022 2025 California Green Building Standards Code to
read as follows:
101.10.1.1.9 Tenant Improvements. Except as specified herein, the provisions of this code
shall apply to the applicable tenant or occupant improvements to a project.
16.58.220 Mixed-Use.
Add Section 101.10.1.1.9 of the 2022 2025 California Green Building Standards Code to
read as follows:
101.10.1.1.9 Mixed-Use - as set forth in Table 101.10.
16.58.230 Table 101.10 – Added.
Add Table 101.10 of the 2022 2025 California Green Building Standards Code to read as
follows:
Project Type Minimum Green Building
Requirement
Required Verification
A. NEW CONSTRUCTION
Residential
Single Family and Multi-Family
homes equal to or less than 9
homes:
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Single Family and Multi-Family
homes greater than 9 homes:
• GPR certified at minimum 50
points or
• LEED Silver or
Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED certification as
applicable
Alternate Reference
Standard: See Section
Non-Residential
Small, Less than 25,000 SF:
• CALGreen Building Code *
per Chapter 5 of the California
Green Building Standards Code
City Review
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Mid-Size, from 25,000 to 50,000
SF:
• LEED Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification Alternate
Reference Standard:
See Section 101.10.2
Large, Greater than 50,000 SF:
• LEED Silver or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
B. RENOVATIONS AND ADDITIONS
Residential
Single-Family
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Multi-Family (minor):
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Multi-family (major): Renovations
and/or additions with a Floor Area
Ratio (FAR) increase ≥ 50% and at
least 35,000 square feet, and that
replace or substantially alter the HVAC
system and at least two of the
following: building envelope, hot water
system and lighting system.
• GPR minimum 50 pts or
• LEED Certified or
• LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED Certification as
applicable
Alternate Reference
Standard: See Section
101.10.2
Non-Residential
Minor: Renovations and/or additions
that do not meet the higher thresholds
for "major renovations and additions"
outlined as defined in (ii) below.
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Major: Renovations and/or additions
that comprise at least 35,000 square
feet, and replace or substantially alter
the HVAC system and two of the
following: building envelope, hot
water system, and lighting system.
• LEED Certified (applicable
only to the area of renovation/
addition) or
LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
Mixed-Use
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For new and renovation/addition projects with residential and non-residential components, the use shall
comply by either:
1. Meeting the applicable requirements for each use; or
2. Meeting the applicable requirements for the use that comprises the majority of the project’s square
footage where uses are attached and/or combined in a building.
Notes:
“Major” renovations and/or additions apply only to the area of the renovation/addition unless the
LEED EBOM Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements shall
only be applied to elements included in the scope of a project, unless otherwise required by the
California Green Building Standards Code.
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16.58.240 Alternate Green Building Standards.
Add Section 101.10.2 of the 2022 2025 California Green Building Standards Code to read
as follows:
101.10.2 Alternate Green Building Standards. The applicant may request to apply an
alternate green building standard for a project in lieu of the minimum standards per
Table 101.10. In making a determination in response to an application under this
section, the Building Official may allow an alternate standard if he/she finds that the
proposed alternative standard complies with all of the following:
A. Addresses a comprehensive scope of green building issues including energy
efficiency, water efficiency, resource efficient materials, and healthy building
practices;
B. Applies standards that are, when taken as a whole, as stringent as the GPR and
LEED standards;
C. Includes a formalized certification process that incorporates third party
verification; and
D. The project will advance the purposes of this Chapter.
16.58.250 Verification.
Amend Section 102.3 of the 2022 2025 California Green Building Standards Code to read
as follows:
102.3 Verification. Documentation of conformance for applicable green building
measures shall be provided to the City of Cupertino. Verification that the project meets
the applicable environmental standards occurs through either the Third-Party process
or City Review per the requirements in Table 101.10. The following lists the verification
requirements for Third Party verification, and alternative methods:
A. Third Party Certification. A project will be required to meet the Third-Party
certification process if the City determines that the project meets or exceeds the
applicable thresholds listed in Table 101.10. The applicant shall submit all of the
following to the City, in addition to other application requirements, to assist the City
in determining compliance with the green building requirements:
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1. Planning Application. A green building checklist that includes cross-references
to appropriate locations in the construction documents for all prerequisites and
selected points or credits that demonstrates that the proposed project meets the
applicable minimum requirements.
2. Building Permit.
a. Proof of project registration with administrating body of the applicable
reference standard, and
b. A green building checklist that includes cross-references to appropriate
locations in the construction documents for all prerequisites and selected
points or credits; that demonstrate that the proposed project meets the
applicable minimum requirements, and
3. Green Building Deposit. The green building deposit in an amount that may be
set from time to time by resolution of the City Council. The applicant may
provide the deposit in the form of cash or in any other form that the City finds
acceptable to meet the purposes of this Section. The full amount of the deposit
shall be returned upon the certification document being provided per 102.3
(A)(4). If however, the project does not meet the requirements of this Chapter, as
applied to the project, then the City shall retain the full amount of the deposit
and shall use the deposit solely to advance the purposes of this Chapter.
4. Time Limit. Within 18 months of Final Occupancy - Provide certification
document for LEED, GPR or alternate rating standard in a form accepted by the
City per Table 101.10. The Building Official may grant a one-time 6-month
extension.
16.58.260 Exemptions.
Added Section 102.3.1 of the 2022 2025 California Green Building Standards Code to
read as follows:
102.3.1 Exemptions. The Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. Projects that are
exempted from the requirements of the California Green Building Standards Code as
amended by the City of Cupertino shall meet the requirement in section A and at least
one of the requirements in sections B-D:
A. Projects that demonstrate that it is not feasible for the project to fully meet the green
building requirements and that the purposes of this chapter will have been achieved
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to the maximum extent possible shall be exempted only for the specific rating
system prerequisite that has been determined to be infeasible.
B. Projects that demonstrate compliance with this code but which will conflict with the
Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring
historic preservation as determined by the Director of Community Development; or
C. Projects that demonstrate compliance with this code but which will conflict with the
California Building Standards Code; or
D. Projects with atypical energy-related design requirements and/or patterns of use
that make compliance with the thresholds of this code infeasible.
16.58.280 Definitions.
Amend Section 202 of the 2022 2025 California Green Building Standards Code to add
or amend the following definitions:
Affordable Housing. Residential buildings that entirely consist of units below market
rate and whose rents or sales prices are governed by local agencies to be affordable
based on area median income.
Decision maker. The person or entity with final approval authority over the underlying
project.
Direct Current Fast Charging (DCFC). A parking space provided with electrical
infrastructure that meets the following conditions:
A. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
B. Electric vehicle supply equipment (EVSE) located within three (3) feet of the
parking space providing a minimum capacity of 80-ampere.
Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological
factors.
Green Building Checklist. A checklist, typically with prerequisites and credits and/or
points that is developed by the administrators of green building certification systems
and used to determine whether a development project can achieve certification.
Green Point Rated (GPR). A residential green building rating system developed by
Build It Green. Projects can use any of the adopted GPR checklists that most
appropriately apply to the project type proposed.
Leadership in Energy and Environmental Design (LEED). A green building rating
system developed by the U.S. Green Building Council for residential and non-
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residential projects. Projects can use any of the adopted LEED checklists that most
appropriately apply to the project type proposed.
Electric Vehicle Supply Equipment (EVSE). The conductors, including the
ungrounded, grounded and equipment grounding conductors and the electric vehicle
connectors, attachment plugs, and all other fittings, devices, power outlets, or
apparatus installed specifically for the purpose of transferring energy between the
premises wiring and the electric vehicle.
Level 2 EV Capable. A parking space provided with electrical infrastructure that
meets the following requirements:
A. Conduit that links a listed electrical panel with sufficient capacity to a junction
box or receptacle located within three (3) feet of the parking space.
B. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-
ampere) per parking space. Conduit shall have a minimum nominal trade size
of 1 inch inside diameter and may be sized for multiple circuits as allowed by
the California Electrical Code. Conduit shall be installed at a minimum in
spaces that will be inaccessible after construction, either trenched underground
or where penetrations to walls, floors, or other partitions would otherwise be
required for future installation of branch circuits, and such additional elements
deemed necessary by the Building Official. Construction documents shall
indicate future completion of conduit from the panel to the parking space, via
the installed inaccessible conduit.
C. The electrical panel shall reserve a space for a 40-ampere overcurrent protective
device space(s) for EV charging, labeled in the panel directory as “EV
CAPABLE.”
D. Electrical load calculations shall demonstrate that the electrical panel service
capacity and electrical system, including any on-site distribution transformer(s),
have sufficient capacity to simultaneously charge all EVs at all required EV
spaces at a minimum of 40 amperes.
E. The parking space shall contain signage with at least a 12” font adjacent to the
parking space indicating the space is EV Capable.
Level 1 EV Ready. A parking space that is served by a complete electric circuit with
the following requirements:
A. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.
B. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE shall be 16-ampere.
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C. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-
ampere) at each parking space.
Level 2 EV Ready. A parking space that is served by a complete electric circuit with
the following requirements:
A. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
B. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE shall be 30-ampere.
Low Power Level 2 EV Ready. A parking space that is served by a complete electric
circuit with the following requirements:
A. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring.
B. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE shall be 16-ampere.
C. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-
ampere) at each parking space.
Low Power Level 2 Electric Vehicle (EV) Charging Receptacle. [HCD] A 208/240 Volt
20-ampere minimum branch circuit and a receptacle for use by an EV driver to charge
their electric vehicle or hybrid electric vehicle.
Minimum Green Building Requirement. The minimum green building requirement
that applies to a particular project, as listed in column 2 of Table 101.10.
Required Verification. The standards that correspond to the requirements of a
particular green building rating system and project type, as listed in column 3 of Table
101.10, for which verification procedures are fully set forth in Section 102.3.
16.58.300 Compliance with Local Water - Efficient Landscape Ordinance - Residential.
Add Section 4.304.1.1 of the 2022 2025 California Green Building Standards Code to read
as follows:
4.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Residential
projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to
Chapter 14.15 of the Cupertino Municipal Code.
16.58.310 Compliance with Local Water - Efficient Landscape Ordinance - Non-
Residential.
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Add Section 5.304.1.1 of the 2022 2025 California Green Building Standards Code to read
as follows:
5.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Non-residential
projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to
Chapter 14.15 of the Cupertino Municipal Code.
16.58.400 Electric Vehicle (EV) Charging – Residential.
Amend Section 4.106.4 of the 2022 2025 California Green Building Standards Code to read
as follows:
4.106.4 Electric Vvehicle (EV) Ccharging for new construction. Residential New
construction shall comply with Section 4.106.4.1 or 4.106.4.2 ., and 4.106.4.3, to facilitate
future installation and use of EV chargers. Electric vehicle supply equipment (EVSE)
shall be installed in accordance with the California Electrical Code ., Article 625. For
EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission
Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall
be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined
EV charging and infrastructure are not feasible based upon one or more of
the following conditions:
1.1. Where there is no local utility power supply or the local utility is
unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency
substantiating that additional local utility infrastructure design
requirements, directly related to the implementation of Section
4.106.4, may increase construction cost by an average of $4,500 per
parking space for market rate housing or $400 per parking space for
affordable housing. EV infrastructure shall be provided up to the
level that would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units
(JADU) without additional parking facilities and without electrical panel
upgrade or new panel installation. Detached ADUs, attached ADUs, and
JADUs without additional parking but with electrical panel upgrades or
new panels must have reserved breakers and electrical capacity according
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to the requirements of 4.106.4.1.
3. Multifamily residential R-2 building projects that have approved
entitlements before the code effective date.
4.106.4.1 New Oone- and Ttwo-Family Dwellings and Town-Houses with Private
Garages. For each dwelling unit, install a listed raceway to accommodate a dedicated
208/240-volt branch circuit shall be installed in a raceway. The raceway shall not be less
than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the
mani service or subpanel and shall terminate into a listed cabinet, box or other
enclosure in close proximity to the proposed location of an EV charger. Raceways are
required to be continuous at enclosed, inaccessible or concealed areas and spaces. The
service panel and/or subpanel shall provide capacity in install a 40-ampere 208/240-volt
minimum dedicated branch circuit and spaces(s) reserved to permit installation of a
branch circuit overcurrent protective device. The branch circuit and associated
overcurrent protective device shall be rated at 40 amperes minimum. Other electrical
components, including a receptacle or blank cover, related to this section shall be
installed in accordance with the California Electrical Code.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt
dedicated EV branch circuit is installed in close proximity to the proposed
location of an EV charger at the time of original construction in accordance
with the California Electrical Code.
4.106.4.1.1 Identification. The service panel and subpanel circuit directory
shall identify the overcurrent protective device space(s) reserved for
future EV charging as “EV CAPABLE”. designated for future EV charging
purposes as “EV READY” in accordance with the California Electrical
Code. The raceway termination location shall be permanently and visibly
marked as “EV CAPABLE”. The receptacle or blank cover shall be
identified as “EV READY.”
4.106.4.1.1 New Construction. One parking space provided shall be a Level 2
EV Ready space. If a second parking space is provided, it shall be provided
with a Level 1 EV Ready space.
4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades
must have reserved breaker spaces and electrical capacity according to the
requirements of 4.106.4.1.1.
4.106.4.2 Multifamily Dwellings with Residential Parking Facilities.
Requirements apply to parking spaces that are assigned or leased to individual
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dwelling units, as well as unassigned residential parking. Visitor or common
area parking is not included.
4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with
parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be
permitted to reduce load when multiple vehicles are charging. Sixty percent
(60%) of dwelling units with parking spaces shall be provided with at
minimum a Level 1 EV Ready space. EV ready spaces and EVCS in
multifamily developments shall comply with California Building Code,
Chapter 11A, Section 1109A. EVCS shall comply with the accessibility
provisions for EV chargers in the California Building Code, Chapter 11B.
Note: The total number of EV spaces should be one-hundred percent (100%)
of dwelling units or one-hundred percent (100%) of parking spaces,
whichever is less.
4.106.4.2.2 Existing Buildings.
1. When new parking facilities are added, or electrical systems or lighting
of existing parking facilities are added or altered and the work requires
a building permit, ten percent (10%) of the total number of parking
spaces added or altered shall be EVCS. Any existing EV Capable
spaces on the building property required by the locally adopted codes
at the time of building permit shall be upgraded to a minimum of
Level 1 EV Ready. Upgrades shall be required at currently designated
vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of
California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the
ALMS system must be designed to deliver no less than 2.2 kVa
(110/120 volt, 20-ampere).
4.106.4.3 Electric Vehicle Charging Stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2 shall comply
with Section 4.106.4.3.
Exception: Electric vehicle charging stations serving public accommodations,
public housing, motels, and hotels shall not be required to comply with this
section. See California Building Code, Chapter 11B, for applicable
requirements.
4.106.4.3.1 Location.
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EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking
space meeting the requirements of the California Building Code,
Chapter 11A, to allow use of the EV charger from the accessible
parking space.
2. The charging space shall be located on an accessible route, as defined
in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed
in compliance with the California Building Code, Chapter 11B, are not
required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2,
Item 3.
4.106.4.3.2 Dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have
an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide
minimum aisle shall be permitted provided the minimum width of the
EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit
vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City’s Municipal or Zoning Code permits
parking space dimensions that are less than the minimum
requirements stated in this section 4.106.4.3.2, and the compliance
with which would be infeasible due to particular circumstances of a
project, an exception may be granted while remaining in
compliance with California Building Code Section Table 11B-
228.3.2.1 and 11B-812, as applicable.
4.106.4.4 Direct Current Fast Charging Stations. One DCFC may be substituted
for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where
ALMS serve DCFC stations, the power demand from the DCFC shall be
prioritized above Level 1 and Level 2 spaces.
A106.4.2.6 Hotels and motels.
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1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces
shall be equipped with low power Level 2 EV charging receptacles.
Exception: Areas of parking facilities served by parking lifts, including but
not limited to automated mechanical-access open parking garages ads
defined in the California Building Code; or parking facilities otherwise
incapable of supporting electric vehicle charging.
b. Receptacle Configurations. 208/240V EV charging receptacles shall comply
with one of the following configurations:
i. For 20- ampere receptacles, NEMA 6-20R
ii. For 30- ampere receptacles, NEMA 14-30R
iii. For 50- ampere receptacles, NEMA 14-50R
2. EV Ready parking spaces with EV chargers.
a. Hotels and motels. Twenty-five (25) (40) percent of the total number of
parking spaces shall be equipped with Level 2 EV chargers.
a.b. Multifamily parking facilities with unassigned or common use parking.
In addition to the low power Level 2 EV charging receptacle requirements of
Section A4.106.8 (Tier 1, subsection 1), forty (40) percent of the total number
of parking spaces shall be equipped with Level 2 EV chargers and shall be
made available for use by all residents or guests.
b.c. EV charger connectors. EV chargers shall be equipped with J1772 or J3400
connectors.
Exception: Areas of parking facilities served by parking lifts, including but
not limited to, automated mechanical-access open parking garages as defined
in the California Building Code; or parking facilities otherwise incapable of
supporting electric vehicle charging.
c.d. An automatic load management system (ALMS) may be used to reduce
the maximum required electrical capacity to each space served by the ALMS.
The electrical system and any on-site distribution transformers shall have
sufficient capacity to deliver at least 3.3 kW simultaneously to each EV
charging station (EVCS) served by the ALMS. The branch circuit shall have a
minimum capacity of 40 amperes, and installed EV chargers shall have a
capacity of not less than 30 amperes.
Exception: Areas of parking facilities served by parking lifts, including but not
limited to automated mechanical-access open parking garages as defined in the
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California Building Code; or parking facilities otherwise incapable of supporting
electric vehicle charging.
16.58.420 Electric Vehicle (EV) Charging – Non-Residential
Amend Section 5.106.5.3 of the 2022 California Green Building Standards Code to read as
follows:
5.106.5.3 Electric Vehicle (EV) Charging. Construction to provide electric vehicle
infrastructure and facilitate electric vehicle charging shall comply with Section
5.106.5.3.1 and shall be provided in accordance with regulations in the California
Building Code and the California Electrical Code. Accessible EVCS shall be provided in
accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS
signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle
Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be
rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined
compliance with this section is not feasible based upon one of the following
conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcement agency
substantiating that additional local utility infrastructure design requirements,
directly related to the implementation of Section 5.106.5.3, may increase
construction cost by an average of $4,500 per parking space. EV infrastructure
shall be provided up to the level that would not exceed this cost for utility
service.
2. Parking spaces accessible only by automated mechanical car parking systems are
not required to comply with this code section.
5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.
5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall
be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load
when multiple vehicles are charging. Thirty percent (30%) of parking spaces
provided shall be Level 2 EV Capable.
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5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or
electrical systems or lighting of existing parking facilities are added or altered
and the work requires a building permit, ten percent (10%) of the total
number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the building property required by
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California
Building Code Chapters 11A and 11B.
5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.
5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided
shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce
load when multiple vehicles are charging. Twenty-five percent (25%) of
parking spaces provided shall be Low Power Level 2 EV Ready space. Ten
percent (10%) of parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.2.2 Existing Buildings. When new parking facilities are added, or
electrical systems or lighting of existing parking facilities are added or altered
and the work requires a building permit, ten percent (10%) of the total
number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the building property required by
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California
Building Code Chapters 11A and 11B.
5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.
5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces
provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to
reduce load when multiple vehicles are charging. Ten percent (10%) of
parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or
electrical systems or lighting of existing parking facilities are added or altered
and the work requires a building permit, ten percent (10%) of the total
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number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the building property required by
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California
Building Code Chapters 11A and 11B.
5.106.5.3.4 Direct Current Fast Charging Stations. One DCFC may be
substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1,
5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power
demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
5.106.5.4 Electric Vehicle Charging Readiness: Medium-Duty and Heavy-Duty.
Construction shall comply with Section 5.106.5.4.1 to facilitate future installation
of electric vehicle supply equipment (EVSE). Construction for warehouses,
grocery stores and retail stores with planned off-street loading spaces shall also
comply with Section 5.106.5.4.1 for future installation of medium- and heavy-
duty EVSE. Accessible EVCS shall be provided in accordance with the California
Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans
Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and
Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined
compliance with this section is not feasible based upon one of the following
conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcing agency
substantiating that additional local utility infrastructure design
requirements, directly related to the implementation of Section 5.106.5.3,
may increase construction cost by an average of $4,500 per parking space.
EV infrastructure shall be provided up to the level that would not exceed
this cost for utility service.
5.106.5.4.1 Warehouses, Grocery Stores and Retail Stores with Planned Off-
Street Loading Spaces.
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In order to avoid future demolition when adding EV supply and distribution
equipment, spare raceway(s) or busway(s) and adequate capacity for
transformer(s), service panel(s) or subpanel(s) shall be installed at the time of
construction in accordance with the California Electrical Code. Construction
plans and specifications shall include, but are not limited to, the following:
1. The transformer, main service equipment and subpanels shall meet the
minimum power requirement in Table 5.106.5.4.1 to accommodate the
dedicated branch circuits for the future installation of EVSE.
1. The construction documents shall indicate one or more location(s)
convenient to the planned off-street loading space(s) reserved for
medium- and heavy-duty EV charging cabinets and charging dispensers,
and a pathway reserved for routing of conduit from the termination of the
raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as
shown in Table 5.106.5.4.1.
2. Raceway(s) or busway(s) originating at a main service panel or a
subpanel(s) serving the area where potential future medium- and heavy-
duty EVSE will be located and shall terminate in close proximity to the
potential future location of the charging equipment for medium- and
heavy-duty vehicles.
3. The raceway(s) or busway(s) shall be of sufficient size to carry the
minimum additional system load to the future location of the charging for
medium- and heavy-duty EVs as shown in Table 5.106.5.4.1.
TABLE 5.106.5.4.1, Raceway Conduit and Panel Power
Requirements for Medium-and-Heavy-Duty EVSE
Building
type (sq. ft.) street loading
spaces
Required (kVa) for
Raceway & Busway and
Transformer & Panel
Grocery 10,000 to 90,000 1 or 2 200
Grocery Greater than
90,000
90,000
135,000
135,000
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Building
type (sq. ft.) street loading
spaces
Required (kVa) for
Raceway & Busway and
Transformer & Panel
Retail Greater than
135,000
Warehouse
Warehouse
256,000
20,000 to
256,000
256,000
[Title 16 – Chapter 16.60 – No Change]
CHAPTER 16.62: HISTORICAL BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025
California Historical Building Code and specified Appendices and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if fully
set forth in this chapter, except such portions as are hereinafter deleted, modified or
amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
CHAPTER 16.64: EXISTING BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022 2025
California Existing Building Code and specified Appendices and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, except such portions as are hereinafter deleted, modified or
amended by this ordinance, and is by such adopted by reference.
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B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
CHAPTER 16.68: REFERENCED STANDARDS CODE
A. The provisions of the 2022 2025 California Referenced Standards Code and specified
Appendices and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted
by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
[Title 16 – Chapter 16.70 – No Change]
[Title 16 – Chapter 16.72 – No Change]
[Title 16 – Chapter 16.74 – No Change]
CHAPTER 16.80: SAFETY ASSESSMENT PLACARDS
Amend Section 16.80 of the Cupertino Municipal Code to read as follows:
Section
16.80.010 Intent
16.80.020 Application of Provisions
16.80.030 Definitions
16.80.040 Safety Assessment Placards
16.80.050 Stop Work Order Placard
16.80.060 Other Placards – General
16.80.070 Violations and Enforcement
16.80.080 Enforcement of Other Laws Unaffected
16.80.010 Intent.
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This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the Building Official
and his or her authorized representatives to post the appropriate placard at each entry
point to a building or structure upon completion of a safety assessment. the authority of
the Building Official, Code Enforcement Officer, and/or City Manager or their designee,
to post notices which notify the general public of pending actions and/or safety issues.
Such notices or placards also serve to provide immediate notice to responsible parties,
property owner(s) and/or any other party which may have an interest in responding to
the content of the notice and/or placard.
16.80.020 Application of Provisions.
The provisions of this chapter are applicable to all buildings and structures of all
occupancies regulated by the City of Cupertino. The Council may extend the provisions
as necessary.
16.80.030 Definitions
“Notice” is any written communication issued in accordance with Title 1 of this code.
“Placard” is a written notice which is directly posted on any conspicuous location or area
of any real property and/or public right-of-way, and which communicates or provides
notice of a particular action or fining by the Building Official, Code Enforcement Officer,
and/or City Manager or their designee.
“Stop Work Order” is a written directive and command to cease performing an action or
work activity, and/or which orders specified actions to immediately come to a complete
halt.
“Safety assessment” is a visual, non-destructive examination of a building or structure
for the purpose of determining the condition for continued occupancy.
16.80.040 Safety Assessment Placards
Safety assessment placards are used to indicate the condition of a structure for
continued occupancy. The chapter further authorizes the Building Official and his or
her authorized representatives to post the appropriate placard at each entry point to a
building or structure upon completion of a safety assessment.
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The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached in Exhibit A-1, Exhibit A-2, and A-3.
1. INSPECTED – LAWFUL OCCUPANCY PERMITTED is to be posted on any
building or structure wherein no apparent structural hazard has been found. This
placard is not intended to mean that there is no damage to the building or
structure.
2. RESTRICTED USE is to be posted on each building or structure that has been
damaged wherein the damage has resulted in some form of restriction to the
continued occupancy. The individual who posts this placard will note in general
terms the type of damage encountered and will clearly and concisely note the
restrictions on continued occupancy.
3. UNSAFE – DO NOT ENTER OR OCCUPY is to be posted on each building or
structure that has been damage such that continued occupancy poses a threat to
life safety. Buildings or structures posted with this placard shall not be entered
under any circumstance except as authorized in writing by the Building Official,
or his or her authorized representative. Safety assessment teams shall be
authorized to enter these buildings at any time. This placard is not to be used or
considered as a demolition order. The individual who posts this placard will note
in general terms the type of damage encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number
shall be permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the Building
Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover
or deface a placard unless authorized pursuant to this section.
16.80.050 Stop Work Order Placard
Stop Work Order:
1. Addresses any work regulated by this code, and/or the California Building Code
being performed in a manner contrary to provisions, or in a dangerous or unsafe
manner.
2. Is issued in accordance with Section 16.04.010 of this code and Section 115 of the
2025 California Building Code.
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3. May be initially issued verbally and then shortly thereafter followed in written
form.
1.4.Placard shall be given to the owner of the property, the owner’s authorized agent
or the person performing the work, and/or posted at the property in a conspicuous
area or place. Upon issuance, the listed work shall immediately cease. The Stop
Work Order shall state the reason for the directive and the conditions under which
the work is authorized to resume. A copy of actual placard is attached in Exhibit
B-1.
16.80.060 Other Placards – General
Under the ordinances of the City, the Building Official, Code Enforcement Officer,
and/or City Manager or their designee, may post notices as outlined in Title 1 and/or
placards in accordance with this chapter, as deemed necessary to keep the community
safe, promote the welfare and general health and safety of the residents and public at-
large, to promote justice and/or to effect the objectives of this code.
16.80.070 Violations and Enforcement
1. Any person or responsible party who defaces, obliterates, tears down,
removes, alters, tampers with or destroys any placard as posted by
Building Official, Code Enforcement Officer, and/or City Manager or their
designee, including violation(s) of section 1.04.040, is in violation of the
terms of this chapter and subject to the enforcement actions of this section.
2. Any violation of any provision of this chapter constitutes a public
nuisance, which may be resolved and/or abated pursuant to section
16.80.050 (C) of this code.
3. Enforcement. Notwithstanding the provisions of the California Building
Code, and provisions of California Penal Code section 616, or any other
authority, any person who violates the provisions of this chapter shall also
be subject to enforcement under Chapter 1.10, including but not limited to
section 1.10.070 (C), and to prosecution under Chapter 1.12.
16.80.080 Enforcement of Other Laws Unaffected
Nothing in this chapter shall affect the powers of the City or authorized law enforcement
officers to prosecute violators of any stature of the State of California or other ordinances
of the City.
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1
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54,
16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO MUNICIPAL
CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN INTERFACE CODE,
HISTORICAL BUILDING CODE, FIRE, EXISTING BUILDING CODE, GREEN
BUILDING STANDARDS CODE, REFERENCED STANDARDS CODE, UNIFORM
HOUSING CODE, AND PROPERTY MAINTENANCE CODE, WITH CERTAIN
EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.
WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of
the California Health and Safety Code, the City of Cupertino may adopt the provisions
of the 2025 California Administrative Code (Part 1 of Title 24), 2025 California Building
Code (Part 2 of Title 24, based on the 2024 International Building Code), the 2025
California Residential Code (Part 2.5 of Title 24 based on the 2024 International
Residential Code), the 2025 California Electrical Code (Part 3 of Title 24 based on the 2023
National Electrical Code), The 2025 California Mechanical Code (Part 4 of Title 24 based
on the 2024 Uniform Mechanical Code), the 2025 California Plumbing Code (Part 5 of
Title 24 based on the 2024 Uniform Plumbing Code), the 2025 California Energy Code
(Part 6 of Title 24), the 2025 California Wildland-Urban Interface Code (Part 7 of Title 24
based on the 2024 International Wildland-Urban Interface Code), the 2025 California
Historical Building Code (Part 8 of Title 24), the 2025 California Fire Code (Part 9 of Title
24 based on the 2024 International Fire Code), the 2025 California Existing Building Code
(Part 10 of Title 24 based on the 2024 International Existing Building Code), the 2025
California Green Building Standards Code (Part 11 of Title 24), the 2025 California
Referenced Standards Code (Part 12 of Title 24) with certain amendments to those
provisions which are reasonably necessary to protect the health, welfare and safety of the
citizens of Cupertino because of the local climatic, geological , and topographical
conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in respective
sections of Chapter 16 of the Cupertino Municipal Code relating to the amendments to
the California codes; and
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WHEREAS, the factual findings made then continue to be valid and relate to the
amendments made to the California codes in this adoption, and such findings are
incorporated by reference; and
WHEREAS, in addition to those findings set forth in the provisions of the Cupertino
Municipal Code, the City Council adopted a resolution making factual findings with
respect to the local geological, topographical, and climate conditions including, but not
limited to, the following:
1) The Bay Area region is a densely populated area with buildings constructed
over and near a vast array of fault systems capable of producing major
earthquakes, including, but not limited to the recent 1989 Loma Prieta
Earthquake;
2) Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run
through the lower foothills and the Monta Vista Fault is closer to the valley
floor area. The Hayward fault is North East of the City which would also
presents a risk to Cupertino in the event of an earthquake;
3) Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential
projects;
4) Cupertino is divided by major freeways and expressways, the occurrence of a
major earthquake could impact the ability of fire crews to respond to
emergencies should one or more of the freeways or expressways collapse, be
substantially damaged, or become gridlocked;
5) Fire suppression capabilities would be severely limited should the water
system be damaged during an earthquake;
6) Cupertino experiences low humidity, high winds and warm te mperatures
during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structural fires;
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7) Cupertino’s topography contains remote, steep hillsides which further limits
the ability of emergency responders to extinguish or control wildland or
structural fires; and
8) The local geographic, topographic and climatic conditions require
amendments to the California Codes to establish more restrictive conditions to
improve structural integrity of the buildings in the event of a seismic incident
and provide other protections to protect against the increased risk of fire.
WHEREAS, a copy of all of the Codes to be incorporated by reference into this Ordinance
were made available prior to the adoption of this Ordinance as required by law;
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review per the provisions of the California Environmental Quality Act of 1970, as
amended, 14 California Code of Regulations, Section 15061(b)(3); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
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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 e vent that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action would have
no or only a de minimis effect on the environment. The Ordinance is also exempt from
CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the
protection of 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 this 4th day of
November, 2025; and
ENACTED at a regular meeting of the Cupertino City Council this 18th day of
November, 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
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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CHAPTER 16.02: ADMINISTRATIVE CODE
A. The provisions of the 2025 California Administrative Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 and are made available for public
inspection.
CHAPTER 16.04: BUILDING CODE
Sections
16.04.010 Adoption of the 2025 California Building Code, Volumes 1 and 2, based on
the 2024 International Building Code, Volumes 1 and 2.
16.04.040 Section 104 – Duties and Powers of Building Official.
16.04.050 Section 105 – Permits.
16.04.060 Section 107 – Submittal Documents.
16.04.070 Responsibility of permittee.
16.04.080 Section 109 – Fees.
16.04.090 Section 110 – Inspections.
16.04.100 Section 111 – Certificate of occupancy.
16.04.110 Section 113 – Means of Appeals.
16.04.120 Section 114 – Violations.
16.04.130 Section 115 – Stop work order.
16.04.220 Chapter 5 – General Building Heights and Areas.
16.04.240 Chapter 7A – Materials and Construction Methods for Exterior Wildfire
Exposure.
16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.
16.04.300 Chapter 15 – Roof Assemblies and Rooftop Structures.
16.04.320 Chapter 17 – Special Inspection and Tests.
16.04.340 Chapter 19 – Concrete.
16.04.360 Chapter 23 – Wood.
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16.04.010 Adoption of the 2025 California Building Code, Volumes 1 and 2, based on the
2024 International Building Code, Volumes 1 and 2.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Building Code, Volumes 1 and 2 inclusive, and specified Appendices and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, except such portions as are hereinafter deleted,
modified or amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.04.040 Section 104 – Duties and Powers of Building Official.
Adopt Section [A] 104 of the 2025 California Building Code as follows:
[A] 104.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code.
[A] 104.2 Determination of compliance. The building official shall have the authority to
determine compliance with this code, to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provision. Such
interpretations, policies and procedures:
1. Shall be in compliance with the intent and purpose of this code
2. Shall not have the effect of waiving requirements specifically provided for in this
code.
[A] 104.2.1 Listed Compliance. Where this code or a referenced standard requires
equipment, materials, products or services to be listed and a listing standard is specified,
the listing shall be based on the specified standard. Where a listing standard is not
specified, the listing shall be based on an approved listing criteria. Listings shall be
germane to the provision requiring the listing. Installation shall be in accordance with
the listing and the manufacturer’s instruction, and where required to verify compliance,
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the listing standard and manufacturer's instructions shall be made available to the
building official.
[A] 104.2.2 Technical assistance. To determine compliance with this code, the building
official is authorized to determine compliance with this code, to require the own er or
owner’s authorized agent to provide a technical opinion and report
[A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge
to the jurisdiction.
[A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be
prepared by a qualified engineer, specialist, laboratory or specialty organization
acceptable to the building official. The building official is authorized to require design
submittals to be prepared by, and bear the stamp of, a registered design professional.
[A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties
of the design, operation or use of the building or premises and the facilities and
appurtenances situated thereon to identify and propose necessary recommendations.
[A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the
provisions of this code, the building official shall have the authority to require tests
as evidence of compliance. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized test standards, the building
official shall approve the testing procedures. Such tests shall be performed by a party
acceptable to the building official.
[A] 104.2.3 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material
or to prohibit any design or method of construction not specifically prescribed by the
code, provided that any such alternative has been approved.
Exception: Performance based alternative materials, designs or methods of
construction and equipment complying with the International Code Council
Performance Code. This exception shall not apply to alternative structural materials
or to alternative structural designs.
[A] 104.2.3.1 Approval authority. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed
alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as
applicable.
[A] 104.2.3.2 Application and disposition. Where required, a request to use an
alternative material, design or method of construction shall be submitted in writing
to the building official for approval. Where the alternative material, design or method
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of construction is not approved, the building official shall respond in writing, stating
the reasons for alternative was not approved.
[A] 104.2.3.3 Compliance with code intent. An alternative material, design or
method of construction shall comply with the intent of the provisions of this code.
[A] 104.2.3.4 Equivalency criteria. An alternative material, design or method of
construction shall, for the purpose intended, be not less than the equivalent of that
prescribed in this code with respect to all of the following, as applicable:
1. Quality.
2. Strength.
3. Effectiveness.
4. Durability.
5. Safety, other than fire safety.
6. Fire Safety.
[A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an
alternative material, design or method of construction application shall be of a scale
that is sufficient to predict performance of the end use configuration. Tests shall be
performed by a party acceptable to the building official.
[A] 104.2.3.5.1 Fire Tests. Tests conducted to demonstrate equivalent fire safety in
support of an alternative material, design or method of construction application
shall be of a scale that is sufficient to predict fire safety performance of the end
use configuration. Tests shall be performed by a party acceptable to the building
official.
[A] 104.2.3.6 Reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall comply with
Sections 104.2.3.6.1 and 104.2.3.6.2.
[A] 104.2.3.6.1 Evaluation reports. Evaluation reports shall be issued by an
approved agency and use of the evaluation report shall require approval by the
building official for the installation. The alternate material, design or method of
construction and product evaluated shall be within the scope of the building
official’s recognition of the approved agency. Criteria used for the evaluation shall
be identified within the report and, where required, provided to the building
official.
[A] 104.2.3.6.2 Other reports. Reports not complying with Section 104.2.3.6.1 shall
describe criteria, including but not limited to any reference testing or analysis,
used to determine compliance with code intent and justify code equivalence. The
report shall be prepared by a qualified engineer, specialist, laboratory or specialty
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organization acceptable to the building official. The build ing official is authorized
to require design submittals to be prepared by, and bear the stamp of, a registered
deign professional.
[A] 104.2.3.7 Peer review. The building official is authorized to require submittal of a
peer review report in conjunction with a request to use an alternative material, design or
method of construction, prepared by a peer reviewer that is approved by the building
official.
[A] 104.2.4 Modifications. Where there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications
for individual cases, provided that the building official shall first find that one or more
special individual reasons make the strict letter of this code impractical, and that the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety or structural
requirements. The details of the written request for and action granting modifications shall
be recorded and entered in the files of the department of building safety.
[A] 104.2.4.1 Flood hazard areas. The building official shall not grant modifications to
any provision required in flood hazard areas as established by Section 1 612.3 unless a
determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size,
configuration or topography of the site render the elevation standards of Section
1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety or extraordinary public expense; cause
fraud on or victimization of the public; or conflict with existing laws or
ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between
the design floor elevation and the elevation to which the building is to be built,
stating that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced floor elevation and stating that construction below
the design flood elevation increases risks to life and property.
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[A] 104.3 Applications and permits. The building official shall receive applications, review
construction documents, issue permits, inspect the premises for which such permits have
been issued and enforce compliance with the provisions of this code.
[A] 104.3.1 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas. For applications for
reconstruction, rehabilitation, repair, alteration, addition or other improvement of
existing buildings or structures located in flood hazard areas, the building official shall
determine if the proposed work constitutes substantial improvement or repair of
substantial damage. Where the building official determines that the proposed work
constitutes substantial improvement or repair of substantial damage, and where
required by this code, the building official shall require the building to meet the
requirements of Section 1612, or Section R306 of the California Residential Code, as
applicable.
[A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or where the building official has reasonable cause to believe that
there exists in a structure or on a premises a condition that is contrary to or in violation of
this code that makes the structure or premises unsafe, dangerous or hazardous, the building
official is authorized to enter the structure or premises at all reasonable times to inspect or
to perform the duties imposed by this code. If such structure or premises is occupied, the
building official shall present credentials to the occupant and request entry. If such structure
or premises is unoccupied, the building official shall first make a reasonable effort to locate
the owner, the owner’s authorized agent or other person having charge or control of the
structure or premises and request entry. If entry is refused, the building official shall have
recourse to every remedy provided by law to secure entry.
[A] Warrant. Where the building official has first obtained a proper inspection warrant
or other remedy provided by law to secure entry, an owner, the owner’s authorized
agent, occupant or person having charge, care or control of the structure or premises
shall not fail or neglect, after a proper request is made as herein provided, to permit entry
therein by the building official for the purposes of inspection and examination pursuant
to this code.
[A] 104.5 Identification. The building official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
[A] 104.6 Notices and orders. The building official shall issue necessary notices or orders to
ensure compliance with this code. Notices of violations shall be in accordance with Section
114.
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[A] 104.7 Official records. The building official shall keep official records as required by
Section 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5
years or for as long as the building or structure to which such records relate remains in
existence, unless otherwise provided by other regulations.
[A] 104.7.1 Approvals. A record of approvals shall be maintained by the building official
and shall be available for public inspection during business hours in accordance with
applicable laws.
[A] 104.7.2 Inspections. The building official shall keep a record of each inspection made,
including notices and orders issued, showing the findings and disp osition of each.
[A] 104.7.3 Code alternatives and modifications. Application for alternative materials,
design and methods of construction and equipment in accordance with Section 104.2.3;
modifications in accordance with Section 104.2.4; and documentation of the final
decision of the building official for either shall be in writing and shall be retained in the
official records.
[A] 104.7.4 Tests. The building official shall keep a record of tests conducted to comply
with Sections 104.2.2.4 and 104.2.3.5.
[A] 104.7.5 Fees. The building official shall keep a record of fees collected and refunded
in accordance with Section 109.
[A] 104.8 Liability. The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and
is hereby relieved from personal liability for any damage accruing to persons or property as
a result of any act or by reason of any act or omission in the discharge of official duties.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer
or employee because of an act performed by that officer or employee in the lawful
discharge of duties under the provisions of this code or other laws or ordinances
implemented through the enforcement of this code shall be defended by legal
representatives of the jurisdiction until the final termination of the proceedings. The
building official or any subordinate shall not be liable for costs in an action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment. Materials, equipment and devices approved
by the building official shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not
be reused unless such elements are in good working condition and approved.
16.04.050 Section 105 - Permits.
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Amend and Adopt Section [A] 105 of the 2025 California Building Code as follows:
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be performed, shall first make application to the Building Official
and obtain the required permit.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of the City of
Cupertino. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than 120
square feet (11 m2). It is permissible that these structures still be regulated by
Section 710A, despite exemption from permit.
2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,925 L) and the ratio of height to diameter or width is not greater than
2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a group R-3 occupancy that are less
than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and
are installed entirely about ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
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11. Swing and other playground equipment accessory to detached one- and two-
family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1372 mm) from the exterior wall
and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or
the connection of approved portable electrical equipment to approved permanently
installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not
apply to electrical equipment used for radio and television transmissions, but do
apply to equipment and wiring for a power supply and the installation of towers and
antennas.
Temporary testing systems: A permit shall not be required for the installations of
any temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to remove and replace the same
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with new material, such work shall be considered as new work and a permit
shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures
and the removal and reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be
performed in an emergency situation, the permit application shall be submitted within the
next working business day to the building official.
[A]105.2.2 Public service agencies. A permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution or metering or other related
equipment that is under the ownership and control of public service agencies by
established right.
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the City of Cupertino for that
purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate
the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
[A] 105.3.1 Action on application. The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time
after filing. If the application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefor as soon as
practicable.
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[A] 105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the Building Official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
[A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions of this code or of
any other ordinance of the jurisdiction. Permits presu ming to give authority to violate or
cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
The issuance of a permit based on construction documents and other data shall not prevent
the Building Official from requiring the correction of errors in the construction documents
and other data. The Building Official is also authorized to prevent occupancy or use of a
structure where in violation of this code or of any other ordinances of the City of Cupertino.
[A] 105.5 Expiration. On or after January 1, 2019, every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within 12 months after
its issuance, or if the work authorized on the site by such permit is suspended or aba ndoned
for a period of 12 months after the time the work is commenced. The Building Official is
authorized to grant, in writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justif iable cause
demonstrated.
[A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or
revoke a permit issued under the provisions of this code wherever the permit is issued in
error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any
ordinance or regulation or any of the provisions of this code.
[A] 105.7 Placement of permit. The building permit or copy shall be posted on site at a
location visible from the street frontage and shall remain until the completion of the
project.
16.04.160 Section 107 - Construction Documents.
Adopt Section [A] 107 of the 2025 California Building Code as follows:
[A] 107.1 General. Submittal documents consisting of construction documents, statement of
special inspections, geotechnical report and other data shall be submitted in digital format
with each permit application. The construction document shall be prepared by a registered
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design professional where required by the building official. Where special conditions exist,
the building official is authorized to require additional construction documents to be
prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that the review
of construction documents is not necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction documents shall be in accordance with
Sections 107.2.1 through 107.2.8.
[A] 107.2.1 Information on Construction Documents. Construction documents shall be
dimensioned and drawn on suitable material. Electronic media documents are permitted
to be submitted where approved by the building official. Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building official.
[A] 107.2.2 Fire Protection System Shop Drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance to this code and the construction
documents and shall be approved prior to the start of system installation. Shop drawings
shall contain all information as required by the referenced installation standards in Chapter
9.
[A] 107.2.3 Means of Egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress including the
path of the exit discharge to the public way in compliance with the provisions of this code.
In other than occupancies in Groups R-2, R-2.1 and R-3, the construction documents shall
designate the number of occupants to be accommodated on every floor, and in all rooms
and spaces.
[A] 107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall
describe the exterior wall envelope in sufficient detail to determine compliance with this
code. The construction documents shall provide details of the exterior wall envelope as
required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive
membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that
provide supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the exterior
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wall envelope. The supporting documentation shall fully describe the exterior wall system
that was tested, where applicable, as well as the test procedure used.
[A] 107.2.5 Exterior Balconies and Elevated Walking Surfaces. Where balconies or other
elevated walking surfaces are exposed to water from direct or blowing rain, snow, or
irrigation, and the structural framing is protected by an impervious moisture barrier,
the construction documents shall include details for all elements of the impervious moisture
barrier system. The construction documents shall include manufacturer's installation
instructions.
[A] 107.2.6 Site Plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard
areas, floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is
for alteration or repair or where otherwise warranted.
[A] 107.2.6.1 Design Flood Elevations. Where design flood elevations are not specified,
they shall be established in accordance with Section 1612.3.1.
[A] 107.2.7 Structural Information. The construction documents shall provide the
information specified in Section 1603.
[A] 107.2.8 Relocatable Buildings. Construction documents for relocatable buildings shall
comply with Section 3113.
[A] 107.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying submittal documents and shall ascertain by such examinations
whether the construction indicated and described is in accordance with the requirements of
this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit,
the construction documents shall be approved, in writing or by stamp, as "Reviewed for
Code Compliance". It shall be the responsibility of the owner or owner's representative to
obtain a hard-copy of the approved plans and documents which shall be kept at the site of
work and shall be open to inspection by the building official or a duly authorized
representative.
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[A] 107.3.2 Previous approvals. This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and the construction of which
has been pursued in good faith within 180 days after the effective date of this code and has
not been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or struct ure before the
construction documents for the whole building or structure have been submitted, provided
that adequate information and detailed statements have been filed complying with pertinent
requirements of this code. The holder of such permit for the foundation or other parts of a
building or structure shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be granted.
[A] 107.3.4 Design professional in responsible charge. Where it is required that documents
be prepared by a registered design professional, the building official shall be authorized to
require the owner or the owner's authorized agent to engage and designate on the building
permit application a registered design professional who shall act as the registered design
professional in responsible charge. If the circumstances require, the owner or the owner's
authorized agent shall designate a substitute registered design professional in responsible
charge who shall perform the duties required of the original registered design professional
in responsible charge. The building official shall be notified in writing by the owner or the
owner's authorized agent if the registered design professional in responsible charge is
changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing
and coordinating submittal documents prepared by others, including phased and deferred
submittal items, for compatibility with the design of the building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the prior
approval of the building official. The registered design professional in responsible charge
shall list the deferred submittals on the construction documents for review by the
building official.
Documents for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to the building
official with a notation indicating that the deferred submittal documents have been
reviewed and found to be in general conformance to the design of the building. The deferred
submittal items shall not be installed until the deferred submittal document have bee n
approved by the building official.
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[A] 107.4 Amended construction documents. Work shall be installed in accordance with the
approved construction documents, and any changes made during construction that are not
in compliance with the approved construction shall be submitted for approval as an
amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than required by
the approved City of Cupertino’s document retention plan.
16.04.070 Responsibility of permittee.
Responsibility of permittee. Building permits shall be presumed to incorporate the
provision that the applicant, the applicant’s agent, employees or contracto rs shall carry out
the proposed work in accordance with the approved plans and with all requirements of this
code and any other laws or regulations applicable thereto, whether specified or not. No
approval shall relieve or exonerate any person from the re sponsibility of complying with
the provisions and intent of this code.
16.04.080 Section 109 - Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.04.090 Section 110 - Inspections.
Amend and Adopt Section [A] 110 of the 2025 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be subject to
inspection by the Building Official and such construction or work shall remain ac cessible
and exposed for inspection purposes until approved. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions of this code or of
other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain
visible and able to be accessed for inspection purposes. Neither the Building Official nor the
City of Cupertino shall be liable for expense entailed in the removal or replacement of any
material required to allow inspections.
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[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is
authorized to examine or cause to be examined buildings, structures and sites for which an
application has been filed.
[A] 110.3 Required inspections. The Building Official, upon notification, shall make the
inspections set forth in Section 110.3.1 through 110.3.12.
[A] 110.3.1 Footing and Foundation Inspection. Footing and foundation inspections
shall be made after excavations for footings are complete and any required reinforcing
steel is in place. For concrete foundations, any required forms shall be in place prior to
inspection. Materials for the foundation shall be on the job, except where concrete is
ready mixed in accordance with ASTM C94, the concrete need not be on the job.
[A] 110.3.2 Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor
inspections shall be made after in-slab or under-floor reinforcing steel and building
service equipment, conduit, piping accessories and other ancillary equipment items are
in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
[A] 110.3.3 Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification required in Section 1612.4 or the California Residential Code, as applicable,
shall be submitted to the building official.
[A] 110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or
sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing, heating wires,
pipes and ducts are approved.
[A] 110.3.4.1 Moisture Content Verification. Moisture content of framing members
shall be verified in accordance with the California Green Building Standards Code
(CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Types IV-A, IV-B and IV-C connection protection inspection. In building
of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings
are provided by wood cover calculated to meet the requirements of Section 2304.10.1,
inspection of the wood cover shall be made after the cover is installed, but before any
other coverings or finishes are installed.
[A] 110.3.6 Lath, Gypsum Board and Gypsum Panel Product Inspection. Lath, gypsum
board and gypsum panel product inspections shall be made after lathing, gypsum
board and gypsum panel products, interior and exterior, are in place, but before any
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plastering is applied or gypsum board and gypsum panel product joints and fasteners
are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-
resistance-rated assembly or a shear assembly.
[A] 110.3.7 Weather-Exposed Balcony and Walking Surface Waterproofing. Where
balconies or other elevated walking surfaces are exposed to water from direct or blowing
rain, snow or irrigation, and the structural framing is protected by an impervious
moisture barrier, all elements of the impervious moisture barrier system shall not be
concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with Section
1705.1.1, Item 3.
[A] 110.3.8 Fire- and smoke-resistant penetrations. Protection of joints and penetrations
in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be
concealed from view until inspected and approved.
[A] 110.3.9 Energy efficiency inspections. Inspections shall be made to determine
compliance with Chapter 13 and shall include, but not be limited to, inspection for:
envelope insulation R- and U-values, fenestration U-value, duct system R-value, and
HVAC and water-heating equipment efficiency.
[A] 110.3.10 Other Inspections. In addition to the inspections specified in Sections
110.3.1 through 110.3.9, the building official is authorized to make or require other
inspections of any construction work to ascertain compliance with the provisions of this
code and other laws that are enforced by the department of building safety.
[A] 110.3.11 Special Inspections. For special inspections, see Chapter 17.
[A] 110.3.12 Final inspection. The final inspection shall be made after all work required
by the building permit is completed.
[A] 110.3.12.1 Flood hazard documentation. If located in a flood hazard area,
documentation of the elevation of the lowest floor or the elevation of dry
floodproofing, if applicable, as required in Section 1612.4 shall be submitted to the
building official prior to final inspection.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or
their duly authorized agent to notify the building official when work is ready for inspection.
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It shall be the duty of the permit holder to provide access to and means for inspection of
such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The
building official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the permit
holder or his or her agent wherein the same fails to comply with this code. Any portions that
do not comply shall be corrected and such portion shall not be covered or concealed until
authorized by the building official.
16.04.100 Section 111 - Certificate of Occupancy.
Adopt Section [A] 111 of the 2025 California Building Code to read as follows:
[A] 111.1 Change of Occupancy. A building or structure shall not be used or occupied in
whole or in part, and a change of occupancy of a building or structure or portion thereof
shall not be made, until the Building Official has issued a certificate of occupancy therefor
as provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of any provision of this code or any ordinance of the City of
Cupertino. Certificates presuming to give authority to violate or cancel the provisions of thi s
code or other ordinances of the City of Cupertino shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in
accordance with Section 105.2.
[A] 111.2 Certificate issued. After the Building Official inspects the building or structure
and finds no violations of the provisions of this code or other laws that are enforced by the
Building Department, the Building Official may issue a certificate of occupancy that contains
the following:
1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
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8. The use and occupancy, in accordance with the provision of Chapter 3 of the
California Building Code.
9. The type of construction as defined in Chapter 6 of the California Building Code.
10. The design occupant load.
11. Where an automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any special stipulations and conditions of the building permit.
[A] 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary
certificate of occupancy before the completion of the entire work covered by th e permit,
provided that such portion of portions shall be occupied safely. The Building Official shall
set a time period during which the temporary certificate of occupancy is valid.
[A] 111.4 Revocation. The Building Official is authorized to suspend or revoke a certificate
of occupancy or completion issued under the provisions of this code, in writing, wherever
the certificate is issued in error, or on the basis of incorrect information supplied, or where
it is determined that the building or structure o r portion thereof is in violation of the
provisions of this code or other ordinance of the City of Cupertino.
16.04.110 Section 112 – Service Utilities.
Adopt Section [A] 112 of the 2025 California Building Code to read as follows:
[A] 112.1 Connection of service utilities. A person shall not make connections from a
utility, a source of energy, fuel, or power, or a water system or sewer system to any
building or system that is regulated by this code for which a permit is required, until
approved by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to
authorize the temporary connection of the building or system to the utility, the source of
energy, fuel, or power, or the water system or sewer system for the purpose of testing
systems or for use under a temporary approval.
[A] Authority or disconnect service utilities. The building official shall have the authority
to authorize disconnection of utility service to the building, structure or system regulated
by the code and the referenced codes and standards in case of emergency where necessary
to eliminate an immediate hazard to life or property or where such utility connection has
been made without the approval required by Sections 112.2 or 112.2. The building official
shall notify the serving utility, and wherever possible the owner or the owner’s authorized
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agent and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or
the owner’s authorized agent or occupant of the building, structure or service system shall
be notified in writing, as soon as practical thereafter.
16.04.120 Section 113 - Means of Appeals.
Adopt Section [A] 113 of the 2025 California Building Code and to read as follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations
made by the building official relative to application and interpretation of this code, there
shall be and is hereby created a board of appeals. The board of appeals shall be appointed
by the applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
finding in writing to the appellant with a duplicate copy to the Building Official. In the event
where no such board of appeals has been established, the City Council shall serve as said
appeals board.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an equivalent or better form of
construction is proposed. The board shall not have authority to waive requirements of this
code.
[A] 113.3 Qualifications for Board of Appeals. The Board shall consist of members who are
qualified by experience and training to pass on matters pertaining to building construction
and are not employees of the City of Cupertino.
[A] 113.4 Administration. The building official shall take action without delay in accordance
with the decision of the board.
16.04.130 Section 114 - Violations.
Adopt Section [A] 114 of the 2025 California Building Code to read as follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish or occupancy any building,
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structure or equipment regulated by the codes identified in this title, or cause same to be
done, in conflict with or in violation of any of the provisions of this code.
[A] 114.2 Notice of violation. The building official is authorized to serve a notice of violation
or order on the person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a building or structure in violation of
any provisions of any code identified in this title, or in violation of a permit or certificate
issued under the provisions of this code. Such order shall direct the discontinuance of the
illegal action or condition and the abatement of the violation.
[A] 114.3 Prosecution of violation. If the notice of violation is not complied with promptly,
the building official is authorized to request the legal counsel of the City of Cupertino to
institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the building
or structure in violation of the provisions of this code or of the order or direction made
pursuant thereto.
[A] 114.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of this code,
shall be subject to penalties as prescribed by law.
16.04.140 Section 115 - Stop Work Order.
Adopt Section [A] 115 of the 2025 California Building Code to read as follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated by this code
being performed in a manner either contrary to the provisions of any code identified in this
title or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner’s agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order
shall state the reason for the order, and the conditions under which the cited work will be
permitted to resume.
[A] 115.3 Emergencies. Where an emergency exists, the building official shall not be
required to give a written notice prior to stopping the work.
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[A] 115.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to fines established by the authority
having jurisdiction.
16.04.160 Section 116 – Unsafe Structures and Equipment.
Adopt Section [A] 116 of the 2025 California Building Code to read as follows:
[A] 116.1 Unsafe conditions. Structures or existing equipment that are or hereafter become
unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate
light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or that involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down
and removed or made safe, as the building official deems necessary and as provided for in
this section. A vacant structure that is not secured against unauthorized entry shall be
deemed unsafe.
[A] 116.2 Record. The building official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and the nature of the
unsafe condition.
[A] 116.3 Notice. If an unsafe condition is found, the building official shall serve on the
owner of the structure, or the owner’s authorized agent, a written notice that describes the
condition deemed unsafe and specifies the required repairs or improvements to be made
to abate the unsafe condition, or that requires the unsafe structure to be demolished within
a stipulated time. Such notice shall require the person thus notified to declare immediately
to the building official acceptance or rejection of the terms of the order.
[A] 116.4 Method of service. Such notice shall be deemed properly served where a copy
thereof is served in accordance with one of the following methods:
1. A copy is delivered to the owner personally.
2. A copy is sent by certified or registered mail addressed to the owner at the last
known address with the return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a
copy thereof shall be posted in a conspicuous place in or about the structure affected by
such notice. Service of such notice in the foregoing manner on the owner’s authorized
agent shall constitute service of notice on the owner.
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[A] 116.5 Restoration or abatement. Where the structure or equipment determined to be
unsafe by the building official is restored to a safe condition, the owner, the owner’s
authorized agent, operator or occupant of a structure, premises or equipment deemed
unsafe by the building official shall abate or cause to be abated or corrected such unsafe
conditions either by repair, rehabilitation, demolition or other approved corrective action.
To the extent that repairs, alterations or additions are made or a change of occupancy
occurs during the restoration of the structure, such repairs, alterations, additions and
change of occupancy shall comply with the requirements of the California Existing
Building Code.
16.04.220 Chapter 5 – General Building Heights and Areas.
Amend and Adopt Section 501.2 of the 2025 California Building Code and amend to read
as follows:
502.1 Address Identification. New and existing buildings shall be provided with approved
address identification. The address identification shall be legible and placed in a position
that is visible from the street or road fronting the property. Address identification characters
shall contrast with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of
4 inches high with a minimum stroke width of ½ inch. Where required by the fire code
official, address identification shall be provided in additional approved locations to facilitate
emergency response. Where access is by means of a private road and the building address
cannot be viewed from the public way, a monument, pole or other approved sign or means
shall be used to identify the structure. Address identification shall be maintained.
No Certificate of Occupancy or final building approval for new construction or alterations
shall be granted until the building or residence has a street address number posted .
Subdivisions and Planned Developments shall submit a numbering schedule for approval
by the Building Department and the Fire Department. All commercial buildings having a
single address assigned with multi-suite arrangements shall have the suite-numbering
system approved or assigned by the Building Department with an approved copy to the Fire
Department for emergency use.
16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.
Amend Section 903.2 of the 2025 California Building Code to read as follows:
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903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in Sections
903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through
903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and
not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides or not less than 75% of
structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar
structures, unless area is separated by fire walls complying with CBC 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following
are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
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d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter
5 and Appendix B of the 2025 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of the
California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2025 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E,
F, L, M, S and U buildings and structures, when additions are made that increase the
fire area to more than 3,600 square feet or that create conditions described in Sections
903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a building
area equal to or greater than 3,600 square feet which, in the opinion of the fire code
official or Building Official, would place the building into a more hazardous division
of the same occupancy group or into a different group of occupancies and constitutes
a greater degree of life safety1 or increased fire risk2, shall require the installation of
an approved automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous operations using hazardous materials,
increased fuel loads (storage of moderate to highly combustible materials), increased
sources of ignition (welding, automotive repair with the use of flammable liquids and
open flames).
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Add Section 903.2.11.7 to the 2025 California Building Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing
systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which
flammable liquids are handled.
2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire protection
system standard shall be followed.
Amend Section 907.8 of the 2025 California Building Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and
procedures for fire alarm and fire detection systems shall be in accordance with Sections
907.8.1 through 907.8.4 of the 2025 California Fire Code and NFPA 72. Records of
inspection, testing and maintenance shall be documented using NFPA 72 record of
inspection and testing forms.
16.04.300 Chapter 15 - Roof Assemblies and Rooftop Structures.
Amend Section 1505.1.1 of the 2025 California Building Code to read as follows:
1505.1.1 Roofing requirements within Fire hazard Severity Zones or in the Wildland-
Urban Interface (WUI). Roofing requirements for structures located within Fire Hazard
Severity Zones or in the Wildland-Urban Interface (WUI) shall also comply with Sections
504.2 and 507.1 of the 2025 California Wildland-Urban Interface Code.
Amend Section 1505.1.2 of the 2025 California Building Code to read as follows:
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a
Wildland-Urban Interface (WUI). The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one-year period,
the entire roof covering on every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire -
retardant roof covering that is at least Class A fire classification.
16.04.320 Chapter 17 – Special Inspection and Tests.
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Amend Section 1705.3 Exception #1 of the 2025 California Building Code to read as
follows:
1705.3 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, f’c, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
16.04.340 Chapter 19 – Concrete.
Delete Section 1905.6 of the 2025 California Building Code and ACI 318 Section 14.1.4 and
replace with the following:
1905.6 ACI 318, Section 14.1.4.
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
Exception:
In detached one and two-family dwelling three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted
to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller
than No. 4 and shall have a total area of not less than 0.002 times the gross cross-
sectional area of the footing. A minimum of one bar shall be provided at the top
and bottom of the footing. Continuity of reinforcement shall be provided at
corners and intersections.
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Exception:
In detached one and two-family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted
to have a total area of less than 0.002 times the gross cross–sectional area of the
footing.
16.04.360 Chapter 23 – Wood.
Amend Table 2308.6.3(1) 2308.10.3(1) of the 2025 California Building Code, to add a
new footnote "b" to the end of California Building Code Table 2308.10.3(1) to read as
follows:
b. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS and PBS is
not permitted and the use of Method PCP is limited to one-story buildings and
structures.
Add Section 2308.10.3.1 to the 2025 California Building Code to read as follows:
2308.10.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design Categories
D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as intermittent braced
wall panels, but gypsum board is permitted to be installed when required by this Section to
be placed on the opposite side of the studs from other types of braced wall panel sheathing.
In Seismic Design Categories D, E, and F the use of Method PCP is limited to one-story
building and structures.
CHAPTER 16.06 RESIDENTIAL CODE
Section
16.06.010 Adoption of the 2025 California Residential Code based on the 2024
International Residential Code.
16.06.015 Adoption of Appendix Chapters.
16.06.020 Section R319 – Emergency Escape and Rescue Openings.
16.06.040 Section R309 – Automatic Fire Sprinkler Systems.
16.06.050 Section R330 – Energy Storage Systems
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16.06.060 Chapter 4 – Foundations.
16.06.080 Chapter 6 – Wall Construction.
16.06.100 Chapter 9 – Roof Assemblies.
16.06.120 Chapter 10 – Chimneys and Fireplaces – Spark Arrestors.
16.06.140 Appendix CI – Swimming Pool Safety Act
16.06.010 Adoption of the 2025 California Residential Code based on the 2024
International Residential Code.
A. Except as otherwise provide in this chapter, the provisions of the 2025 California
Residential Code and specified Appendices and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this
chapter, except such portions as are hereinafter deleted, modified or amended by this
ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2025 California Residential Code are hereby
adopted:
Appendix BG: Sound Transmission.
Appendix CI: Swimming Pool Safety Act.
16.06.020 Section R319 – Emergency Escape and Rescue Openings.
Amend Section R319.1 of the 2025 California Residential Code to delete Exception #2.
16.06.040 Section R309 - Automatic Fire Sprinkler Systems.
Amend Section R309.1 of the 2025 California Residential Code to read as follows:
R309.1 Townhouse automatic fire sprinkler systems. An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses when
additions are made that increase the building area to more than 3,600 square feet.
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Exception: One or more additions made to a building after January 1, 2011 that does
not total more than 1,000 square feet of building area.
Amend Section R309.2 of the 2025 California Residential Code to read as follows:
R309.2 One- and two-family dwellings automatic sprinkler systems. An automatic
sprinkler system shall be installed in all new one- and two-family dwellings, rebuild of
existing one- and two-family dwellings as defined by the Building Official, and existing
one- and two-family dwellings when additions are made that increase the fire area to more
than 3,600 square feet.
Exceptions:
1. Detached Accessory Dwelling Unit, provided that all of the following are met:
1.1.The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
1.2.The existing primary residence does not have automatic fire sprinklers.
1.3.The accessory detached dwelling unit does not exceed 1,200 square feet in
size.
1.4.The unit is on the same lot as the primary residence.
1.5.The unit meets all apparatus access and water supply requirements of
Chapter 5 and Appendix B of the 2025 California Fire Code.
2. When additions are made to existing structures, causing the fire area to exceed
3,600 square feet, and all of the following are met:
2.1.Building addition does not exceed 500 square feet.
2.2.The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2025 California Fire Code.
16.06.050 Section R330 – Energy Storage Systems.
Amend Section R330.3.1 of the 2025 California Residential Code to read as follows:
R330.3.1 Spacing. Individual ESS units shall be separated from each other by not less than
3 feet except where separation distances are documented to be adequate based on large-
scale fire testing complying with Section 1207.1.7 of the 2025 California Fire Code.
Amend Section R330.4 of the 2025 California Residential Code to read as follows:
R330.4 Locations. ESS Shall be installed only in the following locations:
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1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space in accordance with
Section R302.6.
3. Outdoors or on the exterior side of exterior walls located not less than 3 feet from
doors and windows directly entering the dwelling unit and shall not be located
below or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
with finished or noncombustible walls and ceilings. Walls and ceiling of unfinished
wood-framed construction shall be provided with not less than 5/8-inch Type X
gypsum wallboard. Openings into the dwelling shall be equipped with solid wood
doors not less than 1-3/8 inches in thickness, solid or honeycomb-core steel doors
not less than 1-3/8 inches in thickness, or door with a 20-minute fire protection
rating. Doors shall be self-latching and equipped with a self-closing or an
automatic-closing device. Penetrations through the required gypsum wallboard into
the dwelling shall be protected as required by Section R302.11, Item 4.
ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into
sleeping rooms. (Material based on NFPA 855 2023 Ed.)
Amend Section R330.7 of the 2025 California Residential Code to read as follows:
R330.7 Fire detection. Rooms and areas within dwelling units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in accordance with
Section R310. A heat detector, listed and interconnected to the smoke alarms, shall be
installed in locations within dwelling units and attached garages where smoke alarms
cannot be installed based on their listing.
[SFM] ESS installed in Group R-3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in
accordance with Section R310.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling units, sleeping units and attached garages where
smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is
interconnected with devices that provide an audible alarm at all sleeping
areas.
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2. A fire sprinkler associated with an approved automatic sprinkler system
that triggers an audible alarm upon activation of the waterflow switch,
may be used in place of a heat alarm.
16.06.060 Chapter 4 – Foundations.
Amend Section R403.1 of the 2025 California Residential Code to read as follows:
R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted
masonry or concrete footings, or other approved structural systems which shall be of
sufficient design to accommodate all loads according to Section R301 and to transmit the
resulting loads to the soil within the limitations as determined from the character of the soil.
Footings shall be supported on undisturbed natural soils or engineered fill. Concrete
footings shall be designed and constructed in accordance with the provisions of Section R403
or in accordance with ACI 332.
Amend Section R403.1.1 of the 2025 California Residential Code to read as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set
forth in Tables R403.1(1) through Table R403.1(3) and Figure R403.1.3, as applicable, but not
less than 12 inches in width and 6 inches in depth. The footing width, W, shall be based on
the load-bearing value of the soil in accordance with Table R401.4.1(1). Footing projections,
P, shall be not less than 2 inches and shall not exceed the thickness of the footing. Footing
thickness and projection for fireplaces shall be in accordance with Section R10001.2. The size
of footings supporting piers and columns shall be based on the tributary load and allowable
soil pressure in accordance with Table R401.4.1(1).
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
16.06.080 Chapter 6 – Wall Construction.
Amend Section R602.10.4 of the 2025 California Residential Code, to add a new footnote "f"
to the end of CRC Table R602.10.4 to read as follows:
f. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-
SFB are not permitted and the use of Method PCP is limited to one-story single-
family dwellings and accessory structures.
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Add a new subsection R602.10.4.5 to the 2025 California Residential Code, to read as
follows:
R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic Design
Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are not permitted for
use as intermittent braced wall panels, but gypsum board is permitted to be installed when
required by this Section to be placed on the opposite side of the studs from other types of
braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method
PCP is limited to one-story single-family dwellings and accessory structures.
16.06.100 Chapter 9 – Roof Assemblies.
Adopt and Amend Section R902.1 of the 2025 California Residential Code to read as
follows:
R902.1.2 Roof coverings in all other areas other than Fire Hazard Severity Zones or a
Wildland-Urban Interface (WUI) area. The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire -retardant roof
covering that is Class A fire classification.
16.06.120 Chapter 10 – Chimneys and Fireplaces - Spark Arrestors.
In new construction or when alterations, repairs or additions requiring a permit and having
a valuation in excess of one thousand dollars occur, all new and existing fireplace chimneys
shall terminate in a substantially constructed spark arrestor complying with the
requirements of the 2025 California Residential Code Section R1003.9.2.
16.06.140 Appendix CI – Swimming Pool Safety Act
Amend and Adopt Appendix CI100 115922 (a) of the 2025 California Residential Code to
read as follows:
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115922. (a) Except as provided in Section 115925, subject to subdivision (b), and
consistent with Section 1596.814, when a building permit is issued for the construction
of a new swimming or spa or the remodeling of an existing swimming pool or spa at a
private single-family home, the respective swimming pool or spa shall be equipped
with two of the following seven drowning prevention safety features:
1. An enclosure that meets the requirements of Section 115923 and isolates the
swimming pool or spa from the private single -family home.
2. Removable mesh fencing that meets American Society for Testing and Materials
(ASTM) Specifications F2286 standards in conjunction with a gate that is self-
closing and self-latching and can accommodate a key lockable device.
3. A manually operated or power-operated safety pool cover that is accompanied
by a label verifying that the cover meets the specifications of the ASTM
International F1346-23 standard.
4. Exit alarms on the private single-family home’s doors and windows that provide
direct access to the swimming pool or spa without any intervening enclosure.
Whenever any door or window is opened or left ajar, exit alarms shall make
either an audible, continuous alarm sound or a repeating verbal warning, such
as a repeating notification that “the door to the pool is open.” An exit alarm may
be battery operated or connected to the electrical wiring of the building.
5. A self-closing, self-latching device with a release mechanism placed no lower
than 54 inches above the floor on the private single-family home’s doors
providing direct access to the swimming pool or spa.
6. An alarm in good repair and operable as designed that, when placed in a
swimming pool or spa, will sound upon detection of accidental or unauthorized
entrance into the water. The alarm shall meet and be independently certified to
the ASTM Standard F2208 “Standard Safety Specification for Residential Pool
Alarms,” which includes surface motion, pressure, sonar laser and infrared type
alarms. A swimming protection alarm feature designed for individual use,
including an alarm attached to a child that sounds when the child exceeds a
certain distance or becomes submerged in water, is not a qualifying drowning
prevention safety feature.
7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the feature set forth above and has been
independently verified by an approved testing laboratory as meeting standards
for those features established by the ASTM or the American Society of
Mechanical Engineers (ASME).
(b) The requirements of subdivision (a) are not satisfied by any of the following:
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1. An exit alarm and a self-closing, self-latching device on the same door.
2. An exit alarm and a door latch on separate doors.
3. A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c) Before the issuance of a final approval for the completion of permitted construction or
remodeling work, the local building code official shall inspect the drowning safety
prevention features required by this section and, if no violations are found, shall give
final approval.
[Title 16 – Chapter 16.08 – No Change]
CHAPTER 16.10: WILDLAND-URBAN INTERFACE CODE
Section
16.10.010 Adoption of the 2025 California Wildland-Urban Interface Code based on
the 2024 International Wildland-Urban Interface Code.
16.10.015 Adoption of Appendix Chapters.
16.10.020 Section 101.3.1 - Application
16.10.010 Adoption of the 2025 California Wildland-Uban Interface Code based on the
2024 International Wildland-Urban Interface Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Wildland-Urban Interface Code and each and all of the regulations, provisions,
conditions and terms of the code is referred to as if fully set forth in this chapter,
except such portions as are hereinafter deleted, modified or amended by this
ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.10.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Wildland-Urban Interface Code have
been adopted.
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16.10.020 Chapter 1 – Administration
Amend Section 101.3.1 of the 2025 California Wildland-Urban Interface Code to read as
follows:
101.3.1 Application. New Buildings located in any Fire Hazard Severity Zone or Wildland-
Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the
application date shall comply with the provisions of this code. This shall include all new
buildings with residential, commercial, educational, institutional or similar occupancy
type use, which shall be referred to in this code as “applicable buildings,” as well as new
buildings and structures accessory to those applicable buildings.
Exceptions:
1. Group U occupancy accessory buildings of any size located at least 50 feet from
an applicable building on the same lot.
2. Group U occupancy agricultural buildings, as defined in Section 202 of the
California Building Code of any size located at least 50 feet from an applicable
building.
3. Group C occupancy special buildings conforming to the limitations specified in
Section 450.4.1 of the California Building Code.
4. New accessory buildings and miscellaneous structures specified in Section
504.11 shall comply only with the requirements of that section.
5. Additions to and remodels of building originally constructed prior to July 1,
2008.
6. Land or water area acquired or managed for one or more of the following
purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a
candidate for listing as an endangered or threatened species by the state
or federal government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant,
or animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by
state or federal law.
[Title 16 – Chapter 16.12 – No Change]
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CHAPTER 16.16: ELECTRICAL CODE
Section
16.16.010 Adoption of the 2025 California Electrical Code based on the 2023 National
Electrical Code.
16.16.015 Adoption of Appendix Chapters.
16.16.020 Article 100 – Definitions.
16.16.030 Electrical Work.
16.16.040 Electrical Fee Schedule.
16.16.050 Interpretation.
16.16.060 Electrical Maintenance Program.
16.16.010 Adoption of the 2025 California Electrical Code based on the 2023 National
Electrical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Electrical Code and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter , except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Electrical Code have been adopted.
16.16.020 Article 100 – Definitions.
Amend Article 100 of the 2025 California Electrical Code with the following definitions
added:
Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's license issued by the State of California.
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Journeyman Electrician. A journeyman electrician is an electrician qualified by training
and experience to do electrical work in conjunction with new construction and/or rework of
existing systems.
Maintenance Electrician. A maintenance electrician in an electrician qualified by training
and experience to do the recurring work required to keep a facility in such cond ition that it
may be utilized at its designated capacity and efficiency, to do repair work or replacement
or overhaul of constituent parts or materials to keep or restore a facility to a condition
substantially equivalent to its original or design capacity or efficiency.
16.16.030 Electrical Work.
Electrical work shall be done only by:
a. Electrical contractors who are in compliance with the state licensing laws and whose
employees are under the direct supervision of a qualified journeyman electrician;
b. A general building contractor if scope of work involves at least two unrelated trades
or crafts other than framing or carpentry, or if the general building contractor holds
the appropriate license classification;
c. Maintenance electrician.
16.16.040 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
16.16.050 Interpretation.
A. The language used in this code, and the California Electrical Code, which is made a
part of this code by reference, is intended to convey the common and accepted
meaning familiar to the electrical industry.
B. The Building Official or his assistants is authorized to determine the intent and
meaning of any provisions of this code. Such determination shall be made in writing
and a record kept, which record shall be open to the public.
16.16.060 Electrical Maintenance Program.
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Any person regularly employing one or more full-time qualified electricians for the purpose
of installation, alteration, maintenance or repair on any property which such person owns
or occupies, may designate a qualified electrician as a maintenance electrician. Upon being
approved by the Chief Building Official, the maintenance electrician shall make monthly or
quarterly reports to the city covering all installations, additions, or alterations. All such
work shall be installed and done in accordance with the provisions of the E lectrical Code,
and shall be subject to the payment of fees, and to inspection by the electrical inspector to
the same extent as similar work performed by other persons and for which such inspection
is provided.
CHAPTER 16.20: PLUMBING CODE
Section
16.20.010 Adoption of the 2025 California Plumbing Code based on the 2024 Uniform
Plumbing Code.
16.20.015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
16.20.010 Adoption of the 2025 California Plumbing Code based on the 2024 Uniform
Plumbing Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Plumbing Code and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter , except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.20.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Plumbing Code have been adopted:
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16.20.020 Name Insertion.
The names “Cupertino” and/or “California” shall be inserted in the appropriate places
provided therefor in each and every section of such California Plumbing Code wherein
either the name of the city or state is left blank.
CHAPTER 16.24: MECHANICAL CODE
Section
16.24.010 Adoption of the 2025 California Mechanical Code based on the 2024
Uniform Mechanical Code.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.010 Adoption of the 2025 California Mechanical Code based on the 2024 Uniform
Mechanical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Mechanical Code and each and all of the regulations, provisions, conditions and terms
of the code is referred to as if fully set forth in this chapter , except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
16.24.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Mechanical Code have been adopted.
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16.24.020 Name Insertion.
The names “Cupertino” and/or “California” shall be inserted in the appropriate places
provided therefor in each and every section of such California Mechanical Code wherein
either the name of the city or state is left blank.
[Title 16 – Chapter 16.28 – No Change]
[Title 16 – Chapter 16.32 – No Change]
[Title 16 – Chapter 16.36 – No Change]
CHAPTER 16.40: FIRE CODE
Section
16.40.010 Adoption of the 2025 California Fire Code and 2024 International Fire
Code.
16.40.015 Adoption of Appendix Chapters.
16.40.020 Chapter 1 – Administration.
16.40.040 Chapter 2 – Definitions.
16.40.080 Chapter 5 – Fire Service Features.
16.40.100 Chapter 7 – Fire and Smoke Protection Features.
16.40.120 Chapter 9 – Fire Protection and Life Safety Systems.
16.40.140 Chapter 12 – Energy Systems.
16.40.160 Chapter 33 – Fire Safety During Construction and Demolition.
16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.
16.40.200 Chapter 50 – Hazardous Materials – General Provisions.
16.40.220 Chapter 54 – Corrosive Materials.
16.40.240 Chapter 56 – General – Explosives and Fireworks.
16.40.260 Chapter 57 – Flammable and Combustible Liquids.
16.40.280 Chapter 58 – Flammable Gases and Flammable Cryogenic Fluids.
16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.
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16.40.320 Chapter 61 – Liquefied Petroleum Gases.
16.40.340 Chapter 64 – Pyrophoric Materials.
16.40.360 Appendix B – Fire-Flow Requirements for Buildings
16.40.380 Appendix C – Fire Hydrant Locations and Distribution
16.40.400 Appendix D – Fire Apparatus Access Roads
16.40.010 Adoption of the 2025 California Fire Code and 2024 International Fire Code.
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Fire Code and also the 2024 International Fire Code, and specified Appendices and
each and all of the regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, except such portions as are hereinafter
deleted, modified, added or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official and the Fire Code Official pursuant to Health and Safety Code Section 18942
and are made available for public inspection.
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2025 California Fire Code are hereby adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix D: Fire Apparatus Access Roads
Appendix P: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses.
16.40.020 Chapter 1 - Administration.
Add Section 101.3.1 to the 2025 California Fire Code to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City
Council, shall have the authority to delegate any and all responsibility for the maintenance
and enforcement of the provisions of this Code to whichever legal entity he feels best
serves the interests of the City.
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Wherever the words “Chief,” “Fire Marshal, “fire code official,” “Fire Department,” “Fire
Prevention Bureau,” “Fire Chief,” and other such similar words are used, they shall mean
and refer to such legal entity designated by the City Manager of Cupertino under the
authority of the City Council of Cupertino.
Wherever the words “municipality,” “jurisdiction,” or “city” are used, they shall mean the
City of Cupertino.
Wherever the words “Executive Body” are used, they shall mean the City Council of
Cupertino.
Wherever the words “Administrator” or “Executive” are used, they shall mean the City
Manager of Cupertino.
Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall
mean the City Attorney of Cupertino.
Wherever the words “Board of Appeal” are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety.
Amend Table 105.5.9 of the 2025 California Fire Code to read as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS AMOUNT
(cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100lb)
Carbon dioxide used in insulated liquid
carbon dioxide beverage dispensing
applications
875 (100 lb)
Corrosive 200
Flammable (except cryogenic fluids and
liquefied petroleum gases)
200
Highly toxic Any Amount
Moderately toxic Any Amount
Other Health Hazard Materials Any Amount
Inert and simple asphyxiant 6,000
Oxidizing (including oxygen) 504
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Pyrophoric Any Amount
Toxic Any Amount
Amend Table 105.5.22 of the 2025 California Fire Code to read as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.5.18
Corrosive materials
Gases See Section 105.5.9
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.5.16
Flammable materials
Gases See Section 105.5.9
Liquids See Section 105.5.18
Solids 100 pounds
Highly toxic materials
Gases See Section 105.5.9
Liquids Any Amount
Solids Any Amount
Moderately toxic materials
Gases See Section 105.5.9
Other health hazard materials
Gases See Section 105.5.9
Liquids 55 gallons
Solids 500 pounds
Oxidizing materials
Gases See Section 105.5.9
Liquids
Class 4 Any Amount
Class 3 1 gallona
Class 2 10 gallons
Class 1 55 gallons
Solids
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Class 4 Any Amount
Class 3 10 poundsb
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V No Permit Required
Solids
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Class V No Permit Required
Pyrophoric materials
Gases Any Amount
Liquids Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.5.9
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive) materials
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
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Class 1 100 pounds
Water-reactive materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 22 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs
in accordance with Section 5003.5 are provided for quantities of 22 gallons or less.
b. 220 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs
in accordance with Section 5003.5 are provided for quantities of 220 pounds or
less.
Add Section 105.5.60 to the 2025 California Fire Code to read as follows:
105.5.60 Institutions. An operational permit is required to operate any health facility as
defined in Section 1250 of the California Health and Safety Code, with an occupant load of
more than six (6) persons, or to operate any jail or facility where personal liberties of the
occupants are restrained. See California Code of Regulations Title 24 Part 2.
Add Section 105.5.61 to the 2025 California Fire Code to read as follows:
105.5.61 Residential care facility. An operational permit is required to operate any
residential care or service facility, as described in the California Building Code,
accommodating more than six (6) persons.
Amend Section 105.6.4 of the California Fire Code to read as follows:
105.6.4 Cryogenic fluids. A construction permit is required for installation of or alteration
to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds
the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code
is not considered to be an alteration and does not require a construction permit.
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Add Section 108.2.1 of the 2025 California Fire Code to read as follows:
108.2.1 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation.
The valuation shall be limited to the value of the system for which the permit is being issue d.
Plan review fees are 65% of the Permit Fee amount. For the purposes of determining the
total fee amount for each permit, the plan review fee shall be added to the Permit Fee.
TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00 or fraction thereof, to and including
$25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each
additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at
$120.00 for each occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be paid at $120.00 for each
occurrence.
Add Section 108.2.2 the 2025 California Fire Code to read as follows:
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108.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara
County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually
2. Day Care Facilities
More than 6 clients $35.00 - Annually
3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane Structures, Tents and Canopies
(Only those requiring permits in accordance with Section
105.6. 47).
$85.00 – Each
occurrence
Add Section 109.5 to the 2025 California Fire Code to read as follows:
109.5 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access
ways have been completed and approved. No final certificate of occupancy may be granted
until the Fire Department issues notice of final clearance of such fire protection facilities and
access ways to the Building Department.
16.40.040 Chapter 2 - Definitions.
Add the following definitions:
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; or
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4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
HEALTH HAZARD - OTHER. is a hazardous material which affects target organs of the body,
including but not limited to, those materials which produce liver damage, kidney damage,
damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the
body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal
damage) sensitizers or teratogens (effect on fetuses).
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that
induces a significant fire into the device under test and evaluates whether the fire will spread
to adjacent energy storage system units, surrounding equipment, or through an adjacent
fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million but not more than 7500 parts
per million by volume of gas or vapor, when administered by continuous inhalation for an
hour, or less if death occurs within one hour, to albino rats weighing between 200 and 3 00
grams each.
SPILL CONTROL. That level of containment that is external to and separate from the
primary containment and is capable of safely and securely containing the contents of the
largest container and prevents the materials from spreading to other parts of the room.
Amend the following definitions:
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a period of time reasonably necessary to ensure
detection and remedy of the primary containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment using
flammable or unstable (Class 3 or 4 as ranked by NFPA 704 hazardous materials where a
specific function, laboratory procedure or research activity occurs. Approved or listed
hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets
serving a workstation are included as part of the workstation. A workstation is allowed to
contain ventilation equipment, fire protection devices, detection devices, electrical devices,
and other processing and scientific equipment.
16.40.080 Chapter 5 - Fire Service Features.
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Amend Section 503.1 of the 2025 California Fire Code to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and in accordance with the Fire
Department access Standards.
Amend Section 503.1.1 of the 2025 California Fire Code to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access road shall comply with the requirements
for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility
and all portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped throughout
with an approved automatic sprinkler system, installed in accordance with
Sections 903.3.1.1 or 903.3.1.2, the dimension may be increased to a maximum of
300 feet when approved by the fire code official.
2. When there are not more than two Group R-3 or accessory Group U
occupancies, the dimension may be increased to a maximum of 200 feet.
3. When apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means
of fire protection shall be provided.
Amend Section 503.2.1 of the 2025 California Fire Code to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) for engines and 26 feet (7925mm) for aerial fire apparatus,
exclusive of shoulders, except for approved gates or barricades in accordance with
Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13
feet 6 inches (4115 mm) or as determined by the fire code official.
Exception: When there are not more than two residential parcels, having only Group
R, Division 3, or Group U occupancy structures, the access road width may be
modified by the fire code official.
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Amend Section 503.2.4 of the 2025 California Fire Code as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be
a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section 503.2.7 of the 2025 California Fire Code as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not
exceed 15-percent, unless approved by the fire code official.
Amend Section 503.5 of the 2025 California Fire Code as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the
installation and maintenance of gates or other approved barricades across fire apparatus
access roads, trails, or other accessways, not including the public streets, alleys, or highways.
The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm)
for single-family dwellings. Electric gate operators, where provided shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be designed,
constructed, and installed to comply with the requirements of ASTM F2200.
Amend Section 503.6 of the 2025 California Fire Code as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road
shall be approved by the fire code official. Where security gates are installed, they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements of
ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and
12 feet (4268 mm) for single-family dwellings.
Add Section 504.5 to the 2025 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to or within the building are installed, such devices shall be approved by
the fire code official. All electrically powered access control devices shall be provided with
an approved means for deactivation or unlocking from a single location or otherwise
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approved by the fire code official. Access control devices must also comply with Chapter
10.
Amend Section 505.1 of the 2025 California Fire Code to read as follows:
505.1 Address identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and placed in a
position that is visible from the street or road fronting the property. Address identification
characters shall contrast with their background. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less
than 4 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where
required by the fire code official, address identification shall be provided in additional
approved locations to facilitate emergency response. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address identification shall be
maintained.
The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color
which is contrasting to the background and be at least six (6) inches high with a half
(½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid
color which is contrasting to the background and be at least six (6) inches high with
a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid
color which is contrasting to the background and be at least ten (10) inches high
with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid
color which is contrasting to the background and be at least eighteen (18) inches
high with a two (2) inch stroke.
• The number posted over 300 to 400 feet from the public street shall be of one solid
color which is contrasting to the background and be at least twenty-four (24) inches
high with a two and a half (2½) inch stroke.
Amend Section 510.1 of the 2025 California Fire Code to read as follows:
510.1 Emergency responder communications enhancement system in new buildings.
Approved in-building emergency responder communication enhancement system
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(ERCES) for emergency responders shall be provided within all buildings meeting any one
of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building Code
Section 202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are
not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired communication system in
accordance with Section 907.2.13.2 shall be permitted to be installed or
maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is
not needed.
3. In facilities where emergency responder communications coverage is required
and such systems, components or equipment required could have a negative
impact on the normal operations of that facility, the fire code official shall have
the authority to accept an automatically activated emergency responder
communications coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal
strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA)
P25 Phase 2 700 MHz Digital Trunked Radio System within the building in
accordance with Section 510.4.1 without the use of an indoor radio coverage
system.
The radio coverage system shall be installed and maintained in accordance with Sections
510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1225,
Standard for Emergency Services Communications.
In-building ERCES within the building shall be based upon the existing coverage levels of
the public safety communication systems utilized by the jurisdiction, measured at the
exterior of the building. The ERCES, where required, shall be of a type determined by the
fire code official and the frequency license holder(s). This section shall not require
improvement of the existing public safety communication systems.
Add Section 510.1.1 to the 2025 California Fire Code to read as follows:
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510.1.1 Obstruction by new buildings. No obstruction of the public safety system
backhaul shall be allowed without an approved mitigating plan.
Amend Section 510.3.1 of the 2025 California Fire Code to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification to, in-
building emergency responder communications enhancement systems and related
equipment is required as specified in Section 105.6.5. Maintenance performed in
accordance with this code is not considered a modification and does not require a permit.
A frequency change made to an existing system is considered to be new construction and
will require a construction permit
Amend Section 510.4 of the 2025 California Fire Code to read as follows:
510.4 Technical requirements. Systems, components and equipment required to provide
in-building emergency responder radio coverage communication enhancement shall be
listed in accordance with UL2524 and shall comply with the current Emergency
Responders Communications Enhancement Systems Standard Details & Specification
enforced by the Santa Clara County Fire Department. Systems, components and
equipment required to provide the in-building emergency responder communications
enhancement system shall comply with Sections 510.4.1 through 510.4.2.8.
Amend Section 510.4.2 of the 2025 California Fire Code to read as follows:
510.4.2 System design. The in-building emergency responder communications
enhancement system shall be designed in accordance with Sections 510.4.2.1 through
510.4.2.8 and NFPA 1225l and the current Emergency Responder Communications
Enhancement Systems Details and Specification enforced by the Santa Clara County Fire
Department.
Amend Section 510.5 of the 2025 California Fire Code to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio
coverage system shall be in accordance with NFPA 1225 and the current Emergency
Responder Communication Enhancement Systems Standard Details & Specification
enforced by the Santa Clara County Fire Department.
Amend Section 510.5.2 of the 2025 California Fire Code to read as follows:
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510.5.2 Approval prior to installation. Communications enhancement systems capable of
operating on frequencies licensed to any public safety agency by the FCC or other radio
licensing authority shall not be installed without prior coordination and approval of the
fire code official and the agency FCC license holder or systems administrator.
Amend Section 510.5.4 of the 2025 California Fire Code to read as follows:
510.5.4 Acceptance test procedure. Where an in-building emergency responder
communications enhancement system is required, and upon completion of installation, the
building owner shall have the radio system tested to verify that two-way coverage on each
floor of the building is not less than 95 percent. Final system acceptance will require
ERRCS power level and DAQ testing with agency FCC license holder, systems
administrators, or designee.
16.40.100 Chapter 7 – Fire and Smoke Protection Features.
Add Section 703.3 to the 2025 California Fire Code to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned
to Risk Category III or IV, or in fire areas containing Group R occupancies with an
occupant load greater than 100, and other occupancies as determined necessary special
inspections for through-penetrations, membrane penetration firestops, fire resistant joint
systems and perimeter fire containment systems that are tested and listed in accordance
with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section
1705.18.1 or 1705.18.2.
16.40.120 Chapter 9 – Fire Protection and Life Safety Systems.
Amend Section 901.6.2 of the 2025 California Fire Code to read as follows:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are
interconnected, the intended response of subordinate fire protection and life safety
systems shall be verified when required testing of the initiating system is conducted. In
addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and
901.6.2.2.
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901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply
with NFPA 4, with an integrated test performed prior to issuance of the certificate of
occupancy and at intervals not exceeding 10 years, unless otherwise specified by an
integrated system test plan prepared in accordance with NFPA 4. If an equipment
failure is detected during integrated testing, a repeat of the integrated test shall not be
required, except as necessary to verify operation of fire protection or life safety
functions that are initiated by equipment that was repaired or replaced. For existing
buildings, the testing timeframe shall be specified by the integrated systems test plan
prepared in accordance with NFPA 4 as approved by the fire code official.
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke
control system as outlined in Section 909, integrated testing shall comply with NFPA 4,
with an integrated test performed prior to issuance of the certificate of occupancy and
at intervals not exceeding 10 years, unless otherwise specified by an integrated system
test plan prepared in accordance with NFPA 4. If an equipment failure is detected
during integrated testing, a repeat of the integrated test shall not be required, except as
necessary to verify operation of fire protection or life safety functions that are initiated
by equipment that was repaired or replaced. For existing buildings, the testing
timeframe shall be specified by the integrated systems test plan prepared in accordance
with NFPA 4 as approved by the fire code official.
Amend Section 901.6.3 of the 2025 California Fire Code to read as follows:
901.6.3 Records Information. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a minimum of
five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance
documentation requirements.
Amend Section 903.2 of the 2025 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in S ections
903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through
903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
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1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area
and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
i.Noncombustible construction.
ii.Maximum 5,000 square feet in building area.
iii.Structure is open on not less than three (3) sides or not less than 75% of
structure perimeter.
iv.Minimum of 10 feet separation from existing buildings, or similar
structures, unless area is separated by fire walls complying with CBC 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception:
Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter
5 and Appendix B of the 2025 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of
the California Code of Regulations.
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4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2025 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B,
E, F, L, M, S and U buildings and structures, when additions are made that increase
the fire area to more than 3,600 square feet or that create conditions described in
Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a building
area equal to or greater than 3,600 square feet which, in the opinion of the fire code
official or Building Official, would place the building into a more hazardous division
of the same occupancy group or into a different group of occupancies and
constitutes a greater degree of life safety1 or increased fire risk2, shall require the
installation of an approved automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous operations using hazardous materials,
increased fuel loads (storage of moderate to highly combustible materials),
increased sources of ignition (welding, automotive repair with t he use of
flammable liquids and open flames).
Add Section 903.2.11.7 to the 2025 California Fire Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing
systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which
flammable liquids are handled
2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire protection
system standard shall be followed.
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Amend Section 907.8 of the 2025 California Fire Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and
procedures for fire alarm and fire detection systems shall be in accordance with Sections
907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall
be documented using NFPA 72 record of inspection and testing forms.
Amend Section 909.22.1 of the 2025 California Fire Code to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated
immediately after the smoke control system has passed the acceptance tests. A written
schedule for routine maintenance and operational testing shall be established and
operational testing must occur at least annually.
16.40.140 Chapter 12 – Energy Systems.
SECTION 1202 DEFINITIONS
Amend Section 1202.1 of the 2025 California Fire Code to read as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING.
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PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
Amend Section 1207.1.5 of the 2025 California Fire Code to read as follows:
1207.1.7 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire
testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall
be conducted or witnessed and reported by an approved testing laboratory and show that
a fire involving one ESS will not propagate to an adjacent ESS, and where installed within
buildings, enclosed areas and walk-in units will be contained within the room, enclosed
area or walk-in unit for a duration equal to the fire-resistance rating of the room separation
specified in Section 1207.7.4. The test report shall be provided to the fire code official for
review and approval in accordance with Section 104.2.2
Amend Section 1207.2.2.1 of the California Fire Code to read as follows:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS
installation shall be inspected and tested in accordance with the manufacturer’s instructions
and the operation and maintenance manual. Inspection and testing records shall be
maintained in the operation and maintenance manual and made available to the fire code
official upon request.
Amend Section 1207.5.2 of the 2025 California Fire Code to read as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units
containing electrochemical ESS shall not exceed the maximum allowable quantities in
Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-
resistance rating of fire-barriers shall comply with Table 1207.5.1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing
electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based
on a hazardous mitigation analysis in accordance with Section 1207.1.6 and large-scale
fire testing complying with Section 1207.1.7.
1. Lead-acid and nickel-cadmium battery systems installed in facilities under the
exclusive control of communications utilities and operating at less than 50 VAC
and 60 VDC in accordance with NFPA 76.
2. Dedicated-use buildings in compliance with Section 1207.7.1.
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TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE
OF
MAXIMUM
ALLOWABLE
QUANTITY
PER FIRE
AREA
NUMBER
OF FIRE
AREAS
PER
STORY
FIRE-
RESISTANCE
RATING FOR
FIRE
BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6
5
4
3
2
1
25
50
50
50
75
100
100
100
1
2
2
2
4
6
6
6
3
2
2
2
2
2
2
2
Below grade plan 1
2
Lower than 2
100
50
Not Allowed
4
2
Not Allowed
3
3
Not Allowed
Amend Section 1207.5.5 of the 2025 California Fire Code to read as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units
containing electrochemical ESS shall be protected by an automatic fire suppression system
designed and installed in accordance with one of the following:
1. Automatic sprinkler system designed and installed in accordance with Section 903.3.1.1
for ESS units (groups) with a maximum stored energy capacity of 50 kWh, as described
in Section 1207.5.1, shall be designed with a minimum density of 0.3 gpm/ft2 (1.14
L/min) based over the area of the room or 2,500 square-foot (232 m2) design area,
whichever is larger, unless a lower density is approved based on large-scale fire testing
in accordance with Section 1207.1.7.
2. Automatic sprinkler system designed and installed in accordance with Section 903.3.1.1
for ESS units (groups) exceeding 50 kWh shall use a density based on large-scale fire
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testing complying with Section 1207.1.7.
3. The following alternative automatic fire-extinguishing systems designed and installed
in accordance with Section 904, provided that the installation is approved by the fire
code official based on large-scale fire testing complying with Section 1207.1.7:
3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.
3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.
Exceptions:
1. Fire suppression systems for lead-acid and nickel-cadmium battery systems at
facilities under the exclusive control of communications utilities that operate at
less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.
2. Lead-acid and nickel-cadmium systems that are used for DC power for control
of substations and control or safe shutdown of generating stations under the
exclusive control of the electric utility, and located outdoors or in building
spaces used exclusively for such installations, shall not be required to have a fire
suppression system installed.
3. Lead-acid battery systems in uninterruptable power supplies listed and labeled
in accordance with UL 1778, utilized for standby power applications, which is
limited to not more than 10 percent of the floor area on the floor on which the
ESS is located, shall not be required to have a fire suppression system. (Material
based on NFPA 855 2023 Ed.)
Amend Section 1207.11.3 of the 2025 California Fire Code to read as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units
in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm)
from doors and windows directly entering the dwelling unit and not below or
above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
with finished or noncombustible walls and ceilings. Walls and ceilings of
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unfinished wood-framed construction shall be provided with not less than 5/8-inch
(15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into
sleeping rooms or in habitable spaces of dwelling units.
Amend Section 1207.11.6 of the 2025 California Fire Code to read as follows:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with
the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in accordance
with Section 907.2.11.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling units, sleeping units and attached garages where smoke
alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is
interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that
triggers an audible alarm upon activation of the waterflow switch, may be used
in place of a heat alarm.
16.40.160 Chapter 33 – Fire Safety During Construction and Demolition.
Amend Section 3303.5 of the 2025 California Fire Code to read as follows:
3303.5 Fire watch. Where required by the fire code official or the site safety plan
established in accordance with Section 3303.1, a fire watch shall be provided for building
demolition and for building construction. Fire watch is not intended to facilitate
occupancy during ongoing construction in a new building.
Add Section 3303.7 to the 2025 California Fire Code to read as follows:
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3303.7 Fire Walls. When firewalls are required in combustible construction, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather protected at the location of the wall(s).
Amend Section 3307.1.2 of the 2025 California Fire Code to read as follows:
3307.1.2 Stairways Required. Each level above the first story in multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after
the floor decking is installed. The stairways shall be continuous and discharge to grade
level. Stairways serving more than two floor levels shall be enclosed (with openings
adequately protected) after exterior walls/windows are in place. Exit stairs in new and in
existing, occupied buildings shall be lighted and maintained clear of debris and
construction materials at all times.
Exception: For multi-story buildings, one of the required exit stairs may be obstructed
on not more than two contiguous floor levels for the purposes of stairway construction
(i.e., installation of gypsum board, painting, flooring, etc.).
Add section 3307.1.4 to the 2025 California Fire Code to read as follows:
3307.1.4 Required Means of Egress. All buildings under construction shall have at least
one unobstructed means of egress. All means of egress shall be identified in the written
site safety plan as required by Section 3303.1.
Add Section 3307.6 to the 2025 California Fire Code to read as follows:
3307.6 Fire Department Access Roadways: All construction sites shall be accessible by fire
department apparatus by means of roadways having an all-weather driving service of not
less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live
loads of fire apparatus and have a minimum 13ft. 6 in. of vertical clearance. Dead end fire
access roads in excess of 150 ft. in length shall be provided with approved turnarounds.
When approved by the Fire Code Official, temporary access roadways may be utilized
until such time that the permanent roadways are installed. As a minimum, the roadway
shall consist of a compacted subbase and six (6) inches of road base material (Class 2
aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges
of the roadway shall be contained and delineated by curb and gutter or other approved
method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may
be required if so determined by the project civil engineer. Provisions for surface drainage
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shall also be provided where necessary. The integrity of the roadway shall be maintained
at all times.
Add Section 3313 to the 2025 California Fire Code to read as follows:
Section 3313 Completion Before Occupancy
3313.1 Completion before occupancy. In buildings where an automatic sprinkler system is
required by this code or the California Building Code, it shall be unlawful to occupy any
portion of a building or structure until the automatic sprinkler system installation has been
tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are
required to be installed, the system shall be placed in service as soon as possible.
Immediately upon the completion of sprinkler pipe installation on each floor level, the
piping shall be hydrostatically tested and inspected. After inspection approval from the
Fire department, each floor level of sprinkler piping shall be connected to the system
supply riser and placed into service with all sprinkler heads uncovered. Protective caps
may be installed on the active sprinklers during the installation of drywall, texturing and
painting, but shall be removed immediately after this work is completed. For system
activation notification, an exterior audible waterflow alarm shall be installed and
connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the
sprinkler system(s) shall remain in service at all times except when system modifications
are necessary. Fire sprinkler systems undergoing modifications shall be returned to service
at the end of each workday unless otherwise approved by the fire department. The
General contractor or his/her designee shall check the sprinkler control valve(s) at the end
of each workday to confirm that the system has been restored to service.
16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.
Amend Section 4103.1 of the 2025 California Fire Code to read as follows:
4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall
be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4
and ambulatory care facilities.
Exceptions:
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1. Portable unvented fuel-fired heaters listed and labeled in accordance with UL 647
are permitted to be used in one and two-family dwellings, where operated and
maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 4103.1.2.
Amend Section 4103.1.2.1.1 of the 2025 California Fire Code to read as follows:
4103.1.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating
appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
Add Section 4106 to the 2025 California Fire Code to read as follows:
Section 4106 Immersion Heaters
Section 4106.1 Immersion Heaters. All electrical immersion heaters used in dip tanks,
sinks, vats and similar operations shall be provided with approved over-temperature
controls and low liquid level electrical disconnects. Manual reset of required protection
devices shall be provided.
16.40.200 Chapter 50 - Hazardous Materials – General Provisions.
Amend Section 5001.2.2.2 of the 2025 California Fire Code to read as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose a
physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
Add Section 5001.5.3 to the 2025 California Fire Code to read as follows:
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5001.5.3 Hazardous materials business plan (HMBP). Where required by the fire code
official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by
California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and
Title 19, Division 2, Chapter 4. He HMBP shall be electronically submitted in accordance
with the fire code official’s requested timeframe and no less frequently than is required by
the HSC.
Amend Section 5002.1 of the 2025 California Fire Code to read as follows:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CORROSIVE LIQUIDS
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD – OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
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LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
Add Section 5003.1.3.1 to the 2025 California Fire Code to read as follows:
5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used or Handled
Materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases
in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter
60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or
vapor shall be in accordance with the requirements for toxic, highly toxic or moderately
toxic gases.
Add Section 5003.1.5 to the 2025 California Fire Code to read as follows:
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5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with this Section 5003.
Add Section 5003.1.6 to the 2025 California Fire Code to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition
to the requirements set forth in Section 5004.2, an approved containment system is required
for any quantity of hazardous materials, that are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such an
event would endanger people, property or the environment. The approved containment
system may be required to include a combination of spill control and secondary containment
meeting the design and construction requirements set forth in Section 5004.2.
Amend Section 5003.2.2.1 of the 2025 California Fire Code to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components
used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials that are compatible with the material to be contained and
shall be of adequate strength and durability to withstand the pressure, structural and
seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves
shall be installed on supply piping and tubing and provided with ready access at the
following locations:
3.1.The point of use.
3.2.The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible, accessible
and indicated by means of a sign.
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5. Backflow prevention or check valves shall be provided where the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig) (103 Kpa), an approved means of leak detection and
emergency shutoff or excess flow control shall be provided. Where the piping
originates from within a hazardous material storage room or area, the excess flow
control shall be located within the storage room or area. Where the piping originates
from a bulk source, the excess flow control shall be located as close to the bulk source
as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be
provided for piping for liquid hazardous materials and for highly toxic and toxic
corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary
containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated
gas may be subjected to thermal expansion. Chambers shall be sized to
provide protection for piping and instrumentation and to accommodate the
expansion of regulated materials.
Amend Section 5003.2.2.2 of the 2025 California Fire Code to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply
piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in
accordance with ASME B31.3 and the following:
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1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the material is a
gas, or an approved method of drainage or containment is provided for connectio ns
if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means
of egress required to be enclosed in fire-resistance-rated construction or in concealed
spaces in areas not classified as Group H Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally recognized standard. Tests shall
be conducted by a qualified "third party" not involved with the construction of the
piping and control systems.
Exception: Piping and tubing within the space defined by the walls of corridors and
the floor or roof above or in concealed space above other occupancies when installed
in accordance with Section 415.11 of the California Building Code for H -5
Occupancies.
Add Section 5003.5.2 to the 2025 California Fire Code to read as follows:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
Add Section 5003.5.3 to the 2025 California Fire Code to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be
identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
Amend Section 5003.10.4 of the 2025 California Fire Code to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
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5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there
shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of
20 liters (5.28 gal).
5003.10.4.3 Toxic, moderately toxic and highly toxic gases shall be limited to a
container of a maximum water capacity of 1 lb.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases means shall
be provided to prevent the elevator from being summoned to other floors.
Amend Section 5004.2.1 of the 2025 California Fire Code to read as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for
storage of hazardous material liquids shall be provided with spill control to prevent the
flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in
outdoor locations shall be constructed to contain a spill from the largest single vessel by
one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that connects to an
approved collection system.
Amend Section 5004.2.2.2 of the 2025 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each
other in independent secondary containment systems.
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16.40.220 Chapter 54 – Corrosive Materials.
Amend Section 5402.1 of the 2025 California Fire Code to read as follows:
5402.1 Definitions. The following terms are defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
16.40.240 Chapter 56 - General – Explosives and Fireworks.
Amend Section 5601.1.3 of the 2025 California Fire Code to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
Exception(s):
1. Storage and handling of fireworks as allowed in Section 5604.
2. The use of fireworks for fireworks displays pyrotechnics before a proximate
audience and pyrotechnic special effects in motion pictures, television, theatrical
or group entertainment productions as allowed in
Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and health
and Safety Code Division 11.
16.40.260 Chapter 57 – Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2025 California Fire Code to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or
5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
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An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel -burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add Section 5704.2.7.5.9 to the 2025 California Fire Code to read as follows:
5704.2.7.5.9 Automatic and/or Remote Filling of Tanks. Systems that automatically fill
flammable or combustible liquid tanks shall be equipped with overfill protection, approved
by the fire code official, that sends an alarm signal to a constantly attended location and
immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be
tested on an annual basis and records of such testing shall be maintained on-site for a period
of five (5) years.
Amend Section 5704.2.9.6.1 of the 2025 California Fire Code as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II
liquids in above-ground tanks outside of buildings is prohibited in all locations of the City
of Cupertino which are residential or congested commercial areas as determined by the
fire code official.
Amend Section 5706.2.4.4 of the 2025 California Fire Code as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II
liquids in above-ground tanks outside of buildings is prohibited in all locations of the City
of Cupertino which are residential or congested commercial areas as determined by the
fire code official.
16.40.280 Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids.
Amend Section 5806.2 of the 2025 California Fire Code to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside
of buildings is prohibited in all locations of the City of Cupertino which are residential or
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congested commercial areas as determined by the fire code official.
16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.
Amend Chapter 60 of the 2025 California Fire Code to read as follows:
Chapter 60 title is amended to read as follows:
Chapter 60 Highly Toxic Material, Toxic Materials, and Moderately Toxic Gases
Amend Section 6001.1 of the 2025 California Fire Code to read as follows:
6001.1 Scope. The storage and use of highly toxic, toxic and/or moderately toxic
materials shall comply with this chapter. Compressed gases shall also comply with
Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies
complying with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the manufacturer’ s
instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous
Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the U.S.
Environ- mental Protection Agency to be utilized in and around the home,
garden, pool, spa and patio.
Amend Section 6002.1 of the 2025 California Fire Code to read as follows:
Section 6002.1 Definitions.
The following terms are defined in Chapter 2:
CONTAINMENT SYSTEM.
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CONTAINMENT VESSEL.
EXCESS FLOW VALVE.
HIGHLY TOXIC.
MODERATELY TOXIC GAS.
OZONE-GAS GENERATOR.
PHYSIOLOGICAL WARNING THERESHOLD.
REDUCED FLOW VALVE.
TOXIC.
Amend Section 6004 of the 2025 California Fire Code to read as follows:
Section 6004 Highly Toxic, Moderately Toxic, And Toxic Compressed Gases
Amend Section 6004.1 of the 2025 California Fire Code to read as follows:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed
gases shall comply with this section.
Amend Section 6004.1.1 of the 2025 California Fire Code to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor
storage and use of highly toxic, toxic and moderately toxic compressed gases in certain
occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through
6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature
and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately
toxic compressed gases shall not be stored or used in offices, retail sales or classroom
portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume
hoods.
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Amend Section 6004.2 of the 2025 California Fire Code to read as follows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic or
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through
6004.2.2.10.3.
Amend Section 6004.2.1 of the 2025 California Fire Code to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 6004.2.1.1 through 6004.2.1.4.
Add Section 6004.2.1.4 to the 2025 California Fire Code to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding the
maximum allowable quantities per control area. The indoor storage or use of highly toxic,
toxic and moderately toxic gases in amounts not exceeding the minimum threshold
quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum
allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with
Sections 5001, 5003, 6001, and 6004.1 and 6004.4.
Add Table 6004.2.1.4 to the 2025 California Fire Code to read as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Add Section 6004.4 to the 2025 California Fire Code to read as follows:
6004.4 General indoor requirements. The general requirements applicable to the indoor
storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in
accordance with Sections 6004.4 through 6004.4.8.2.
Add Section 6004.4.1 to the 2025 California Fire Code to read as follows:
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6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,
exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within
gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8.
Add Section 6004.4.2 to the 2025 California Fire Code to read as follows:
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures
are located shall be provided with exhaust ventilation. Gas cabinets or exhausted
enclosures shall not be used as the sole means of exhaust for any room or area.
Add Section 6004.4.3 to the 2025 California Fire Code to read as follows:
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping
and controls on stationary tanks, portable tanks, and cylinders shall comply with the
following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a
means of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
Add Section 6004.4.4 to the 2025 California Fire Code to read as follows:
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
Add Section 6004.4.5 to the 2025 California Fire Code to read as follows:
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment
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system. The treatment system shall be utilized to handle the accidental release of gas and
to process exhaust ventilation. The treatment system shall be designed in accordance with
Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic-closing fail- safe valves shall be located immediately adjacent
to cylinder valves and shall close when gas is detected at the permissible exposure
limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge
from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
Add Section 6004.4.5.1 to the 2025 California Fire Code to read as follows:
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning or otherwise processing the contents of the largest single
vessel of compressed gas. Where a total containment system is used, the system shall be
designed to handle the maximum anticipated pressure of release to the system when it
reaches equilibrium.
Add Section 6004.4.5.2 to the 2025 California Fire Code to read as follows:
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life
and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is
emitted to the treatment system, the treatment system shall be designed to handle the
worst-case release based on the release rate, the quantity and the IDLH for all compressed
gases stored or used.
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Add Section 6004.4.5.3 to the 2025 California Fire Code to read as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
Add Section 6004.4.5.4 to the 2025 California Fire Code to read as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of
release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall
be utilized for computation purposes. Flow rates indicated on the label shall be conve rted
to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure
(NTP).
Add Section 6004.4.5.5 to the 2025 California Fire Code to read as follows:
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable
tanks and cylinders shall be calculated based on the total release from the cylinder or tank
within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are
equipped with approved excess flow or reduced flow valves, the worst-case release shall
be determined by the maximum achievable flow from the valve as determined by the
valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves
shall be permanently marked by the valve manufacturer to indicate the maximum design
flow rate. Such markings shall indicate the flow rate for air under normal temperature and
pressure.
Add Section 6004.4.6 to the 2025 California Fire Code to read as follows:
6004.4.6. Emergency power. Emergency power shall be provided for the following systems
in accordance with Section 1203:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
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Add Section 6004.4.6.1 to the 2025 California Fire Code to read as follows:
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed
and designed to stop gas flow.
Add Section 6004.4.7 to the 2025 California Fire Code to read as follows:
6004.4.7 Automatic fire detection system. An approved automatic fire detection system
shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic
compressed gases are stored or used. Activation of the detection system shall sound a local
alarm. The fire detection system shall comply with Section 907.
Add Section 6004.4.8 to the 2025 California Fire Code to read as follows:
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall
be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for
which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when
the physiological warning threshold level for the gas is at a level below the accepted
PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non-continuously welded connects
are within a gas cabinet or exhausted enclosures.
Add Section 6004.4.8.1 to the 2025 California Fire Code to read as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
Add Section 6004.4.8.2 to the 2025 California Fire Code to read as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the
shut off valve at the source on gas supply piping and tubing related to the system being
monitored for whichever gas is detected.
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Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
16.40.320 Chapter 61 – Liquefied Petroleum Gases.
Amend Section 6104.2 of the 2025 California Fire Code as follows:
6104.2 Maximum capacity within established limits. Within the limits established by law
restricting the storage of liquefied petroleum gas for the protection of heavily populated or
congested areas, the aggregate capacity of any one installation shall not exceed a water
capacity of 2,000 gallons (7,570 L) in all locations of the City of Cupertino which are
residential or congested commercial areas as determined by the fire code official.
Exception: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or
cooking uses may be permitted if stored and handled in accordance with this code.
Facilities in commercial areas for refueling portable or mobile LPG containers may be
approved by the fire code official on a case by case basis.
16.40.340 Chapter 64 – Pyrophoric Materials.
Add Section 6405.3.1 to the 2025 California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall
automatically shut down at the source upon activation of the gas detection system at levels
above the alarm level and/or failure of the ventilation system for the silane d istribution
system
16.40.360 Appendix B – Fire-Flow Requirements for Buildings.
Amend Section B105.2 of Appendix B of the 2025 California Fire Code to read:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses. The minimum fire-flow and flow duration for buildings other
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than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall
be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding
1,000 square feet, primarily constructed of noncombustible exterior walls w ith wood or
steel roof framing, having a Class A roof assembly, with uses limited to the following
or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000 square
feet and residential podium buildings shall not exceed 25 percent of the fire flow specified
in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not
exceed 50 percent of the fire flow specified in Table B105.1(2).
16.40.380 Appendix C – Fire Hydrant Locations and Distribution.
Amend Section C102 of Appendix C of the 2025 California Fire Code to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants
available to a building shall be not less than the minimum specified in Table C102.1,
utilizing the base fire flow without fire sprinkler reduction.
16.40.400 Appendix D – Fire Apparatus Access Roads.
Delete Section D103.1 of the 2025 California Fire Code:
Amend Section D103.2 of the 2025 California Fire Code to read as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not
exceed 15-percent, unless approved by the fire code official.
Amend Section D103.3 of the 2025 California Fire Code to read as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall
be a minimum of 30 feet inside, and a minimum of 50 feet outside.
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Amend Section D103.4 of the 2025 California Fire Code to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of
150 feet (45 720 mm) shall be provided with width and turnaround provisions in
accordance with Santa Clara County Fire Department apparatus access and turnaround
standards.
Amend Section D103.6 of the 2025 California Fire Code to read as follows:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall
be designated and marked as a fire lane as set forth in Section 22500.1 of the California
Vehicle Code and the Santa Clara County Fire Department A-6 Standard. Signs shall have
a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have
red letters on a white reflective background. Signs shall be posted on one or both sides of
the fire apparatus road as required by Section D103.6.1 or D103.6.2.
CHAPTER 16.42: PROPERTY MAINTENANCE CODE
16.42.010 Adoption of the 2024 International Property Maintenance Code
A. The provisions of the 2024 International Property Maintenance Code and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 and are made available for public inspection.
[Title 16 – Chapter 16.52 – No Change]
CHAPTER 16.54: ENERGY CODE
Section
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16.54.010 Adoption of the 2025 California Energy Code.
16.54.020 Local Energy Code Amendments.
16.54.010 Adoption of 2025 California Energy Code.
A. The provisions of the 2025 California Energy Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this
chapter, and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 and are made available for public inspection.
16.54.020 Local Energy Code Amendments.
A. Amendments to Subchapter 1 (All Occupancies – General Provisions)
Amend Section 100.1(b) of the 2025 California Energy Code to add the following
definitions:
ELECTRIC HEATING APPLIANCE is a device that produces heat energy to create a
warm environment by the application of electric power to resistance elements, refrigerant
compressors, or dissimilar material junctions, as defined in the California Mechanical
Code.
B. Amendments to Subchapter 4 (Nonresidential and Hotel/Motel Occupancies –
Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power
Distribution Systems)
Amend Section 130.0 of the 2025 California Energy Code To read as follows:
SECTION 130.0 – LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL
POWER DISTIBUTIONS SYSTEMS – GENERAL
(a) The design and installation of all lighting systems and equipment in nonresidential and
hotel/motel buildings, outdoor lighting, and electrical power distribution systems
within the scope of Section 100.0(a), shall comply with the applicable provisions of
Sections 130.0 through 130.6.
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NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed
buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also
apply to additions and alterations to existing buildings.
(b) – (c): Subsections 130.0(b) – (c) are adopted without modification.
Amend Subchapter 4 of the 2025 California Energy Code to add Section 130.6 to be
numbered, entitled, and to read as follows:
SECTION 130.6 ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING
GAS OR PROPANE
Where nonresidential systems using gas or propane are installed, the construction
drawings shall indicate electrical infrastructure and physical space accommodation the
future installation of an electric heating appliance in the following ways, as certified by a
registered design professional or licensed electrical contractor.
(a) Branch circuit wiring, electrically isolated and designed to serve all electric heating
appliances in accordance with manufacturer requirements and the California
Electrical Code, including the appropriate voltage, phase, minimum amperage, and
an electrical receptacle or junction box within five feet of the appliance that is
accessible with no obstructions. Appropriately sized conduit may be installed in
lieu of conductors; and
(b) Labeling of both ends of the unused conductors or conduit shall be with “For
Future Electrical Appliance”; and
(c) Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on
the opposite end of the panel supply conductor connection; and
(d) Connected subpanels, panelboards, switchboards, busbars, ad transformers shall be
size to serve the future electric heating appliance. The electrical capacity requires
shall be adjusted for demand factors in accordance with the California Electric
Code; and
(e) Physical space for future electric heating appliances, including equipment footprint,
and if needed a pathway reserved for routing of ductwork to heat pump
evaporator(s), shall be depicted on the construction drawings. The footprint
necessary for future electric heating appliance may overlap with no n-structural
partitions and with the location of currently designed combustion equipment.
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[Title 16 – Chapter 16.56 – No Change]
Chapter 16.58: GREEN BUILDING STANDARDS CODE
Section
16.58.010 Adoption of the 2025 California Green Building Standards Code.
16.58.015 Adoption of Appendix Chapters.
16.58.020 Local Amendments.
16.58.030 Title.
16.58.040 Scope.
16.58.100 Mandatory Requirements.
16.58.110 Project Types.
16.58.120 Residential Projects.
15.58.130 Residential New Construction – Equal To or Less Than Nine (9) Homes.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
16.58.150 Major Multi-Family Residential Renovations/Additions
16.58.160 Non-Residential New Construction, Small.
16.58.170 Non-Residential New Construction, Medium.
16.58.180 Non-Residential New Construction, Large.
16.58.190 Non-Residential Renovation/Additions, Minor.
16.58.200 Non-Residential Renovations/Additions, Major.
16.58.210 Tenant Improvements.
16.58.220 Mixed-Use.
16.58.230 Table 101.10 – Added.
16.58.240 Alternate Green Building Standards.
16.58.250 Verification.
16.58.260 Exemptions.
16.58.280 Definitions.
16.58.300 Compliance with Local Water-Efficient Landscape Ordinance – Residential.
16.58.310 Compliance with Local Water-Efficient Landscape Ordinance – Non-
Residential.
16.58.400 Electrical Vehicle (EV) Charging – Residential.
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16.58.010 Adoption of the 2025 California Green Building Standards Code.
A. The provisions of the 2025 California Green Building Standards Code and each and all
of the regulations, provisions, conditions and terms of the code is referred to as if fully
set forth in this chapter, and, except as to additions, deletions and amendments
hereinafter described, such code is hereby adopted and made a part hereof, the same as
if fully set forth in this Chapter.
1. In accordance with California Health and Safety Code Sections 17958.7 and 18941.5,
express findings that modifications to the California Green Building Standards
Code are reasonably necessary because of local climatic, geological, or
topographical conditions are either already on file with the California Building
Standards Commission or will be filed prior to the effective date of the ordinance
codified in this Chapter.
B. One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 and is made available for public
inspection.
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Green Building Standards Code have
been adopted.
16.58.020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-
referenced provisions of the 2025 California Green Building Standards Code and shall be
deemed to amend the cross-referenced sections of said Code with the respective provisions
set forth in this Chapter.
16.58.030 Title.
Amend Section 101.1 of the 2025 California Green Building Standards Code to read as
follows:
101.1 Title. These regulations shall be known as the California Green Building Standards
Code as amended by the City of Cupertino and may be cited as such and will be referred
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to herein as “this code.” The California Green Building Standards Code as amended by the
City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and
publication of the adoption, amendment, and repeal of building regulations to the
California Code of Regulations, Title 24, also referred to as the California Building
Standards Code.
16.58.040 Scope.
Amend Section 101.3 of the 2025 California Green Building Standards Code to read as
follows:
101.3 Scope. The provisions of this code shall apply to the planning, design, operation,
construction, use and occupancy of every newly constructed building or structure, unless
otherwise indicated in this code for the City of Cupertino.
The California Green Building Standards Code also is hereby amended to apply to
additions, renovations and tenant improvements of privately-owned buildings and
structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the certification
requirements of any private, third-party green building program.
16.58.100 Mandatory Requirements.
Amend Section 101.10 of the 2025 California Green Building Standards Code to read as
follows:
101.10 Mandatory Requirements. This code contains mandatory green building
measures. In addition, this Chapter contains required minimum green building measures
as amended by the City of Cupertino. All new buildings and structures, additions,
renovations and tenant improvements subject to requirements in Table 101.10 shall comply
with the mandatory measures of the 2025 California Green Building Standards Code as
adopted by the state in addition to local amendments included in this code, regardless of
height or number of stories, unless specifically exempted by this code.
16.58.110 Project Types.
Add Section 101.10.1 of the 2025 California Green Building Standards Code to read as
follows:
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101.10.1 Project Types - as set forth in Table 101.10.
16.58.120 Residential Projects.
Add Section 101.10.1.1 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1 Residential Projects - as set forth in Table 101.10.
16.58.130 Residential New Construction – Equal To or Less than Nine (9) Homes.
Add Section 101.10.1.1.1 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.1 Residential New Construction - Equal To or Less than Nine (9) Homes - as set
forth in Table 101.10.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
Add Section 101.10.1.1.2 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.2 Residential New Construction - Greater than Nine (9) Homes or More - as set
forth in Table 101.10.
16.58.150 Major Multi-Family Residential Renovations/Additions.
Add Section 101.10.1.1.3 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.3 Major Multi-Family Residential Renovations/Additions - as set forth in
Table101.10. Requirements shall only apply to the area of renovation/addition.
16.58.160 Non-Residential New Construction, Small.
Add Section 101.10.1.1.4 of the 2025 California Green Building Standards Code to read as
follows:
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101.10.1.1.4 Non-Residential New Construction, Small - as set forth in Table 101.10.
16.58.170 Non-Residential New Construction, Medium.
Add Section 101.10.1.1.5 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.5 Non-Residential New Construction, Medium - as set forth in Table 101.10.
16.58.180 Non-Residential New Construction, Large.
Add Section 101.10.1.1.6 of the 2025 California Green Building Standards Code to read as
follows
101.10.1.1.6 Non-Residential New Construction, Large - as set forth in Table 101.10.
16.58.190 Non-Residential Renovations/Additions, Minor.
Add Section 101.10.1.1.7 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.7 Non-Residential Renovations/Additions, Minor – as set forth in Table 101.10.
Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Non-Residential Renovations/Additions, Major.
Add Section 101.10.1.1.8 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.8 Non-Residential Renovations/Additions, Major - as set forth in Table 101.10.
Requirements shall only apply to the area of renovation/addition.
16.58.210 Tenant Improvements.
Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as
follows:
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101.10.1.1.9 Tenant Improvements. Except as specified herein, the provisions of this code
shall apply to the applicable tenant or occupant improvements to a project.
16.58.220 Mixed-Use.
Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as
follows:
101.10.1.1.9 Mixed-Use - as set forth in Table 101.10.
16.58.230 Table 101.10 – Added.
Add Table 101.10 of the 2025 California Green Building Standards Code to read as follows:
Project Type Minimum Green Building
Requirement
Required Verification
A. NEW CONSTRUCTION
Residential
Single Family and Multi-Family
homes equal to or less than 9
homes:
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Single Family and Multi-Family
homes greater than 9 homes:
• GPR certified at minimum 50
points or
• LEED Silver or
Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED certification as
applicable
Alternate Reference
Standard: See Section
101.10.2
Non-Residential
Small, Less than 25,000 SF:
• CALGreen Building Code *
per Chapter 5 of the California
Green Building Standards Code
City Review
Mid-Size, from 25,000 to 50,000
SF:
• LEED Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification Alternate
Reference Standard:
See Section 101.10.2
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Large, Greater than 50,000 SF:
• LEED Silver or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
B. RENOVATIONS AND ADDITIONS
Residential
Single-Family
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Multi-Family (minor):
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Multi-family (major): Renovations
and/or additions with a Floor Area
Ratio (FAR) increase ≥ 50% and at
least 35,000 square feet, and that
replace or substantially alter the HVAC
system and at least two of the
following: building envelope, hot water
system and lighting system.
• GPR minimum 50 pts or
• LEED Certified or
• LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED Certification as
applicable
Alternate Reference
Standard: See Section
101.10.2
Non-Residential
Minor: Renovations and/or additions
that do not meet the higher thresholds
for "major renovations and additions"
outlined as defined in (ii) below.
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Major: Renovations and/or additions
that comprise at least 35,000 square
feet, and replace or substantially alter
the HVAC system and two of the
following: building envelope, hot
water system, and lighting system.
• LEED Certified (applicable
only to the area of renovation/
addition) or
• LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
Mixed-Use
For new and renovation/addition projects with residential and non-residential components, the use shall
comply by either:
1. 1. Meeting the applicable requirements for each use; or
2. 2. Meeting the applicable requirements for the use that comprises the majority of the project’s square
footage where uses are attached and/or combined in a building.
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Notes:
“Major” renovations and/or additions apply only to the area of the renovation/addition unless the
LEED EBOM Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements shall
only be applied to elements included in the scope of a project, unless otherwise required by the
California Green Building Standards Code.
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16.58.240 Alternate Green Building Standards.
Add Section 101.10.2 of the 2025 California Green Building Standards Code to read as
follows:
101.10.2 Alternate Green Building Standards. The applicant may request to apply an
alternate green building standard for a project in lieu of the minimum standards per
Table 101.10. In making a determination in response to an application under this
section, the Building Official may allow an alternate standard if he/she finds that the
proposed alternative standard complies with all of the following:
A. Addresses a comprehensive scope of green building issues including energy
efficiency, water efficiency, resource efficient materials, and healthy building
practices;
B. Applies standards that are, when taken as a whole, as stringent as the GPR and
LEED standards;
C. Includes a formalized certification process that incorporates third party
verification; and
D. The project will advance the purposes of this Chapter.
16.58.250 Verification.
Amend Section 102.3 of the 2025 California Green Building Standards Code to read as
follows:
102.3 Verification. Documentation of conformance for applicable green building
measures shall be provided to the City of Cupertino. Verification that the project meets
the applicable environmental standards occurs through either the Third-Party process
or City Review per the requirements in Table 101.10. The following lists the verification
requirements for Third Party verification, and alternative methods:
A. Third Party Certification. A project will be required to meet the Third-Party
certification process if the City determines that the project meets or exceeds the
applicable thresholds listed in Table 101.10. The applicant shall submit all of the
following to the City, in addition to other application requirements, to assist the City
in determining compliance with the green building requirements:
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1. Planning Application. A green building checklist that includes cross-references
to appropriate locations in the construction documents for all prerequisites and
selected points or credits that demonstrates that the proposed project meets the
applicable minimum requirements.
2. Building Permit.
a. Proof of project registration with administrating body of the applicable
reference standard, and
b. A green building checklist that includes cross-references to appropriate
locations in the construction documents for all prerequisites and selected
points or credits; that demonstrate that the proposed project meets the
applicable minimum requirements, and
3. Green Building Deposit. The green building deposit in an amount that may be
set from time to time by resolution of the City Council. The applicant may
provide the deposit in the form of cash or in any other form that the City finds
acceptable to meet the purposes of this Section. The full amount of the deposit
shall be returned upon the certification document being provided per 102.3
(A)(4). If however, the project does not meet the requirements of this Chapter, as
applied to the project, then the City shall retain the full amount of the deposit
and shall use the deposit solely to advance the purposes of this Chapter.
4. Time Limit. Within 18 months of Final Occupancy - Provide certification
document for LEED, GPR or alternate rating standard in a form accepted by the
City per Table 101.10. The Building Official may grant a one-time 6-month
extension.
16.58.260 Exemptions.
Added Section 102.3.1 of the 2025 California Green Building Standards Code to read as
follows:
102.3.1 Exemptions. The Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. Projects that are
exempted from the requirements of the California Green Building Standards Code as
amended by the City of Cupertino shall meet the requirement in section A and at least
one of the requirements in sections B-D:
A. Projects that demonstrate that it is not feasible for the project to fully meet the green
building requirements and that the purposes of this chapter will have been achieved
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to the maximum extent possible shall be exempted only for the specific rating
system prerequisite that has been determined to be infeasible.
B. Projects that demonstrate compliance with this code but which will conflict with the
Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring
historic preservation as determined by the Director of Community Development; or
C. Projects that demonstrate compliance with this code but which will conflict with the
California Building Standards Code; or
D. Projects with atypical energy-related design requirements and/or patterns of use
that make compliance with the thresholds of this code infeasible.
16.58.280 Definitions.
Amend Section 202 of the 2025 California Green Building Standards Code to add or
amend the following definitions:
Affordable Housing. Residential buildings that entirely consist of units below market
rate and whose rents or sales prices are governed by local agencies to be affordable
based on area median income.
Decision maker. The person or entity with final approval authority over the underlying
project.
Direct Current Fast Charging (DCFC). A parking space provided with electrical
infrastructure that meets the following conditions:
A. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
B. Electric vehicle supply equipment (EVSE) located within three (3) feet of the
parking space providing a minimum capacity of 80-ampere.
Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological
factors.
Green Building Checklist. A checklist, typically with prerequisites and credits and/or
points that is developed by the administrators of green building certification systems
and used to determine whether a development project can achieve certification.
Green Point Rated (GPR). A residential green building rating system developed by
Build It Green. Projects can use any of the adopted GPR checklists that most
appropriately apply to the project type proposed.
Leadership in Energy and Environmental Design (LEED). A green building rating
system developed by the U.S. Green Building Council for residential and non-
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residential projects. Projects can use any of the adopted LEED checklists that most
appropriately apply to the project type proposed.
Minimum Green Building Requirement. The minimum green building requirement
that applies to a particular project, as listed in column 2 of Table 101.10.
Required Verification. The standards that correspond to the requirements of a
particular green building rating system and project type, as listed in column 3 of Table
101.10, for which verification procedures are fully set forth in Section 102.3.
16.58.300 Compliance with Local Water - Efficient Landscape Ordinance - Residential.
Add Section 4.304.1.1 of the 2025 California Green Building Standards Code to read as
follows:
4.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Residential
projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to
Chapter 14.15 of the Cupertino Municipal Code.
16.58.310 Compliance with Local Water - Efficient Landscape Ordinance - Non-
Residential.
Add Section 5.304.1.1 of the 2025 California Green Building Standards Code to read as
follows:
5.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Non-residential
projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to
Chapter 14.15 of the Cupertino Municipal Code.
16.58.400 Electric Vehicle (EV) Charging – Residential.
Amend Section 4.106.4 of the 2025 California Green Building Standards Code to read as
follows:
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall
comply with Section 4.106.4.1 or 4.106.4.2. Electric vehicle supply equipment (EVSE)
shall be installed in accordance with the California Electrical Code. Calculation for
spaces shall be rounded up to the nearest whole number.
Exceptions:
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1. On a case-by-case basis, where the local enforcing agency has determined
EV charging and infrastructure are not feasible based upon one or more of
the following conditions:
1.1. Where there is no local utility power supply or the local utility is
unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency
substantiating that additional local utility infrastructure design
requirements, directly related to the implementation of Section
4.106.4, may increase construction cost by an average of $4,500 per
parking space for market rate housing or $400 per parking space for
affordable housing. EV infrastructure shall be provided up to the
level that would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units
(JADU) without additional parking facilities and without electrical panel
upgrade or new panel installation. Detached ADUs, attached ADUs, and
JADUs without additional parking but with electrical panel upgrades or
new panels must have reserved breakers and electrical capacity according
to the requirements of 4.106.4.1.
3. Multifamily residential R-2 building projects that have approved
entitlements before the code effective date.
4.106.4.1 New one- and two-Family Dwellings and Town-Houses with Private
Garages. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be
installed in a raceway. The raceway shall not be less than trade size 1 (nominal 1-inch
inside diameter). The raceway shall originate at the mani service or subpanel and shall
terminate into a listed cabinet, box or other enclosure in close proximity to the proposed
location of an EV charger. Raceways are required to be continuous at enclosed,
inaccessible or concealed areas and spaces. The branch circuit and associated
overcurrent protective device shall be rated at 40 amperes minimum. Other electrical
components, including a receptacle or blank cover, related to this section shall be
installed in accordance with the California Electrical Code.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt
dedicated EV branch circuit is installed in close proximity to the proposed
location of an EV charger at the time of original construction in accordance
with the California Electrical Code.
4.106.4.1.1 Identification. The service panel and subpanel circuit directory
shall identify the overcurrent protective device designated for future EV
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charging purposes as “EV READY” in accordance with the California
Electrical Code. The receptacle or blank cover shall be identified as “EV
READY.”
A106.4.2.6 Hotels and motels.
1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces
shall be equipped with low power Level 2 EV charging receptacles.
Exception: Areas of parking facilities served by parking lifts, including but
not limited to automated mechanical-access open parking garages ads
defined in the California Building Code; or parking facilities otherwise
incapable of supporting electric vehicle charging.
b. Receptacle Configurations. 208/240V EV charging receptacles shall comply
with one of the following configurations:
i. For 20-ampere receptacles, NEMA 6-20R
ii. For 30-ampere receptacles, NEMA 14-30R
iii. For 50-ampere receptacles, NEMA 14-50R
2. EV Ready parking spaces with EV chargers.
a. Hotels and motels. Twenty-five (40) percent of the total number of parking
spaces shall be equipped with Level 2 EV chargers.
b. Multifamily parking facilities with unassigned or common use parking. In
addition to the low power Level 2 EV charging receptacle requirements of
Section A4.106.8 (Tier 1, subsection 1), forty (40) percent of the total number
of parking spaces shall be equipped with Level 2 EV chargers and shall be
made available for use by all residents or guests.
c. EV charger connectors. EV chargers shall be equipped with J1772 or J3400
connectors.
d. An automatic load management system (ALMS) may be used to reduce the
maximum required electrical capacity to each space served by the ALMS. The
electrical system and any on-site distribution transformers shall have
sufficient capacity to deliver at least 3.3 kW simultaneously to each EV
charging station (EVCS) served by the ALMS. The branch circuit shall have a
minimum capacity of 40 amperes, and installed EV chargers shall have a
capacity of not less than 30 amperes.
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Exception: Areas of parking facilities served by parking lifts, including but not
limited to automated mechanical-access open parking garages as defined in the
California Building Code; or parking facilities otherwise incapable of supporting
electric vehicle charging.
[Title 16 – Chapter 16.60 – No Change]
CHAPTER 16.62: HISTORICAL BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Historical Building Code and specified Appendices and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, except such portions as are hereinafter deleted, modified or
amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
CHAPTER 16.64: EXISTING BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2025 California
Existing Building Code and specified Appendices and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, except such portions as are hereinafter deleted, modified or
amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
CHAPTER 16.68: REFERENCED STANDARDS CODE
A. The provisions of the 2025 California Referenced Standards Code and specified
Appendices and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, except such portions as are
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hereinafter deleted, modified or amended by this ordinance, and is by such adopted
by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 and are made
available for public inspection.
[Title 16 – Chapter 16.70 – No Change]
[Title 16 – Chapter 16.72 – No Change]
[Title 16 – Chapter 16.74 – No Change]
CHAPTER 16.80: PLACARDS
Amend Section 16.80 of the Cupertino Municipal Code to read as follows:
Section
16.80.010 Intent
16.80.020 Application of Provisions
16.80.030 Definitions
16.80.040 Safety Assessment Placards
16.80.050 Stop Work Order Placard
16.80.060 Other Placards – General
16.80.070 Violations and Enforcement
16.80.080 Enforcement of Other Laws Unaffected
16.80.010 Intent.
This chapter establishes the authority of the Building Official, Code Enforcement
Officer, and/or City Manager or their designee, to post notices which notify the general
public of pending actions and/or safety issues. Such notices or placards also serve to
provide immediate notice to responsible parties, property owner(s) and/or any other
party which may have an interest in responding to the content of the notice and/or
placard.
16.80.020 Application of Provisions.
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The provisions of this chapter are applicable to all buildings and structures of all
occupancies regulated by the City of Cupertino. The Council may extend the provisions
as necessary.
16.80.030 Definitions
“Notice” is any written communication issued in accordance with Title 1 of this code.
“Placard” is a written notice which is directly posted on any conspicuous location or area
of any real property and/or public right-of-way, and which communicates or provides
notice of a particular action or fining by the Building Official, Code Enforcement Officer,
and/or City Manager or their designee.
“Stop Work Order” is a written directive and command to cease performing an action or
work activity, and/or which orders specified actions to immediately come to a complet e
halt.
“Safety assessment” is a visual, non-destructive examination of a building or structure
for the purpose of determining the condition for continued occupancy.
16.80.040 Safety Assessment Placards
Safety assessment placards are used to indicate the condition of a structure for
continued occupancy. The chapter further authorizes the Building Official and his or
her authorized representatives to post the appropriate placard at each entry point to a
building or structure upon completion of a safety assessment.
The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached in Exhibit A-1, Exhibit A-2, and A-3.
1. INSPECTED – LAWFUL OCCUPANCY PERMITTED is to be posted on any
building or structure wherein no apparent structural hazard has been found. This
placard is not intended to mean that there is no damage to the building or
structure.
2. RESTRICTED USE is to be posted on each building or structure that has been
damaged wherein the damage has resulted in some form of restriction to the
continued occupancy. The individual who posts this placard will note in general
terms the type of damage encountered and will clearly and concisely note the
restrictions on continued occupancy.
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3. UNSAFE – DO NOT ENTER OR OCCUPY is to be posted on each building or
structure that has been damage such that continued occupancy poses a threat to
life safety. Buildings or structures posted with this placard shall not be entered
under any circumstance except as authorized in writing by the Building Official,
or his or her authorized representative. Safety assessment teams shall be
authorized to enter these buildings at any time. This placard is not t o be used or
considered as a demolition order. The individual who posts this placard will note
in general terms the type of damage encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number
shall be permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the Building
Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover
or deface a placard unless authorized pursuant to this section.
16.80.050 Stop Work Order Placard
Stop Work Order:
1. Addresses any work regulated by this code, and/or the California Building Code
being performed in a manner contrary to provisions, or in a dangerous or unsafe
manner.
2. Is issued in accordance with Section 16.04.010 of this code and Section 115 of the
2025 California Building Code.
3. May be initially issued verbally and then shortly thereafter followed in written
form.
4. Placard shall be given to the owner of the property, the owner’s authorized agent
or the person performing the work, and/or posted at the property in a conspicuous
area or place. Upon issuance, the listed work shall immediately cease. The Stop
Work Order shall state the reason for the directive and the conditions under which
the work is authorized to resume. A copy of actual placard is attached in Exhibit
B-1.
16.80.060 Other Placards – General
Under the ordinances of the City, the Building Official, Code Enforcement Officer,
and/or City Manager or their designee, may post notices as outlined in Title 1 and/or
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placards in accordance with this chapter, as deemed necessary to keep the community
safe, promote the welfare and general health and safety of the residents and public at-
large, to promote justice and/or to effect the objectives of this code.
16.80.070 Violations and Enforcement
1. Any person or responsible party who defaces, obliterates, tears down,
removes, alters, tampers with or destroys any placard as posted by
Building Official, Code Enforcement Officer, and/or City Manager or their
designee, including violation(s) of section 1.04.040, is in violation of the
terms of this chapter and subject to the enforcement actions of this section.
2. Any violation of any provision of this chapter constitutes a public
nuisance, which may be resolved and/or abated pursuant to section
16.80.050 (C) of this code.
3. Enforcement. Notwithstanding the provisions of the California Building
Code, and provisions of California Penal Code section 616, or any other
authority, any person who violates the provisions of this chapter shall also
be subject to enforcement under Chapter 1.10, including but not limited to
section 1.10.070 (C), and to prosecution under Chapter 1.12.
16.80.080 Enforcement of Other Laws Unaffected
Nothing in this chapter shall affect the powers of the City or authorized law enforcement
officers to prosecute violators of any stature of the State of California or other ordinances
of the City.
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RESOLUTION NO. 25-XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
MAKING FINDINGS RELATING TO LOCAL CLIMATIC,
GEOGRAPHICAL, OR TOPOGRAPHICAL CONDITIONS
SUPPORTING AMENDMENTS AND CHANGES TO THE 2022
CALIFORNIA BUILDING STANDARDS CODE.
WHEREAS, the City Council of the City of Cupertino, intends to pass an ordinance
adopting the California Building Standards Code which consists of the 2025 editions of
the California Building Code, Residential Code, Electrical Code, Mechanical Code,
Plumbing Code, Energy Code, Wildland-Urban Interface Code, Historical Building Code,
Fire Code, Existing Building Code, Green Building Standards Code, Referenced
Standards Code, Uniform Housing Code, and Property Maintenance Code, and making
modifications and changes thereto; and
WHEREAS, as more specifically set forth in the memorandum of Sean Hatch, the City’s
Building Official, a departure from the Building Standards Code is reasonably necessary due to
local climatic, geological, or topographical conditions;
WHEREAS, as more specifically set forth in the memorandum of Sean Hatch, the City’s
Building Official, a departure from the Building Standards Code is reasonably necessary due to
local climatic, geological, or topographical conditions; and
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby find the following facts to be true:
A. The Bay Area region is a densely populated area with buildings constructed over
and near a vast array of fault systems capable of producing major earthquakes,
including, but not limited to the recent 1989 Loma Prieta Earthquake;
B. Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run
through the lower foothills and the Monta Vista Fault is closer to the valley floor
area. The Hayward fault is North East of the City which would also presents a
risk to Cupertino in the event of an earthquake;
C. Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential projects;
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D. Cupertino is divided by major freeways and expressways, the occurrence of a
major earthquake could impact the ability of fire crews to respond to emergencies
should one or more of the freeways or expressways collapse, be substantially
damaged, or become gridlocked;
E. Fire suppression capabilities would be severely limited should the water system
be damaged during an earthquake;
F. Cupertino experiences low humidity, high winds and warm temperatures during
the summer months creating conditions which are particularly conducive to the
ignition and spread of grass, brush and structural fires;
G. Cupertino’s topography contains remote, steep hillsides which further limits the
ability of emergency responders to extinguish or control wildland or structural
fires;
H. The local geographic, topographic and climatic conditions require amendments to
the California Codes to establish more restrictive conditions to improve structural
integrity of the buildings in the event of a seismic incident and provide other
protections to protect against the increased risk of fire.
2. The City Council hereby finds the following facts from prior exceptions to the Code to
continue to be true:
A. The waste water treatment facilities serving Silicon Valley cities are operating at
or near maximum capacity. The discharge of treated waste water into San
Francisco Bay is detrimental to its sensitive ecosystem; and
B. Cooling coil and comfort cooling equipment condensate waste discharge does not
contain pollutants which require treatment before being discharged into sanitary
sewers or the ground.
3. Based on the above facts, the City Council makes the following finding: that Cupertino’s
local geographic, topographic and climatic conditions require amendments to the
California Codes to establish more restrictive conditions to improve structural integrity
of the buildings in the event of a seismic incident, provide other protections to protect
against the increased risk of fire, and protect the San Francisco Bay as more specifically
set forth in the memorandum from Sean Hatch, the City’s Building Official and as
summarized in the chart attached hereto as Exhibit A.
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4. Based on the above finding, the City Council determines that it is necessary to make
local amendments to the California Codes based upon the local conditions.
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 Resolution is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to
actions which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, the proposed action would have no or only a de minimis effect on the
environment. In addition, the adoption of this Resolution is regulatory action authorized
by state law to assure the maintenance, restoration, enhancement, or protection of the
environment and is therefore exempt from CEQA under CEQA Guidelines section 15308.
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 4th day of November, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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EXHIBIT A
MATRIX TABLE FOR JUSTIFICATION AND FINDINGS FOR LOCAL AMENDMENTS
MUNICIPAL
CODE
SECTION
TITLE ADDED
TO
CALIF.
CODE
DELETED
FROM
CALIF.
CODE
ADDED
OR
AMENDED
FROM
CALIF.
CODE
JUSTIFICATION
16.02 Reference changes were made to reference the 2025 California Administrative Code. (State
Mandated) X
A
16.04.010
through
16.04.015
Reference changes were made to reference the 2025 California Building Code based on the 2024
International Building Code (State Mandated). Removed section 16.04.015 to not adopt any
appendix chapters and the Historical, Existing and Reference codes are now in their own part
(Staff Clean-up).
X
16.04.040
through
16.04.140
Reference changes were made to reference and updated to match the administrative requirements
within the 2025 California Building Code. (State Mandated) X
16.04.220
through
16.04.300
These sections previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Building Code. Changes in this section to reference the Wildland-
Urban Interface requirements to the new Part 7 book within Title 24. (State Mandated)
X
16.04.320
Results from studies after the 1994 Northridge earthquake indicated that a lot of the damages
were attributed to lack of quality control during construction. The proposed amendment improves
quality control during construction and therefore needs to be incorporated into the Code . This
proposed amendment is a continuation of an amendment adopted during th e previous code
adoption cycle. (Local Amendment)
X C
16.04.340
through
16.04.360
These sections previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Building Code. (Local Amendment) X D
16.06.010
This section previously existed in the Municipal Code. Only a reference change is made to
reference the 2025 California Residential Code based on the 2024 International Residential Code.
(State Mandated)
X
A
16.06.015
This section previously existed in the Municipal Code. This section modifies the CBC by
adopting specific appendix chapters in the code. A reference change is made to reference the
2025 California Residential Code. (State Mandated and Local Amendment)
X
16.06.020
through
16.06.050
These sections previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Residential Code. (Local Amendment and State Mandated) X
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Resolution No. 25-XXX
Page 2
16.06.060 This section was deleted due to the creation of the Wildland-Urban Interface code book (Part 7)
where all the WUI requirements are now located for reference. (State Mandated) X
16.06.060
This section previously existed in the Municipal Code. Reference changes made to reference the
2025 California Residential Code.
This proposed amendment to the CRC is made to be consistent with TUCC amendment that
modifies the plain concrete provisions in CBC Section 1905.1.7 and ACI 318 Section 14.1.4.
(Local Amendment)
X B
16.06.080
This amendment existed in the previous Municipal Code. Reference changes were made to be
consistent with the new section and table in the 2025 CRC Code. The amendment modifies the
CBC and CRC to limit the use of gypsum wallboard and Portland cement or st ucco as shearwalls.
The proposed amendment addresses the problem of poor performance of gypsum wallboard and
Portland cement plaster as wall bracing materials in high seismic areas. This amendment reflects
the recommendations by the Structural Engineers Association of Southern California (SEAOSC)
and the Los Angeles City Joint Task Force that investigated the poor performance of these
bracing materials that were observed in 1994 Northridge earthquake. (Local Amendment)
X B
16.06.100
These sections previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Residential Code. (Local Amendment) X
A
16.06.120 These sections previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Residential Code. (Local Amendment) X
16.06.140 Adoption of Swimming Pool Safety Act. Updated to match Health and Safety Code 115922 and
amendments per SB522. (State Mandated) X
16.10.010
through
16.10.020
Section shows the adoption of the new 2025 California Wildland-Urban Interface Code with
minor amendments per SCCFD. Based on the 2024 International Wildland-Urban Interface Code.
(State Mandated)
X
16.16.010
through
16.16.060
These sections previously existed in the Municipal Code. The reference changes were made to
reference the 2025 California Electrical Code based on the 2023 National Electrical Code. (State
Mandated)
X
16.16.030
Language from the previous code is revised to reflect when general building contractors are
allowed to do electrical work. The municipal code is now consistent with the requirements of the
Business and Professions Code Section 7057(b). (Local Amendment)
X
16.20.010
and
16.20.020
This section previously existed in the Municipal Code. The reference changes were made to
reference the 2025 California Plumbing Code based on the 2024 Uniform Plumbing Code. (State
Mandated)
X
16.20.015 Removed the adoption of any appendix from the 2025 California Plumbing Code. (Staff Clean-
up) X
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Resolution No. 25-XXX
Page 2
16.24.010
through
16.24.030
This section previously existed in the Municipal Code. The reference changes were made to
reference the 2025 California Mechanical Code based on the 2024 Uniform Mechanical Code.
(State Mandated)
X
16.40 Reference changes are made to reference the 2025 California Fire Code based on the 2024
International Fire Code. (State Mandated and Local Amendment) X E
16.42
This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2024 International Property Maintenance Code. (Local Amendment) X
A
16.54
This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Energy Code. Removed the electric make ready provisions added
because these provisions are now part of the 2025 CA Energy Code. (State Mandated / Local
Amendment / Staff Clean-up)
X
16.58
This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Green Building Standards Code. Amended electrical vehicle
requirements to match up with the Tier II requirements as required within the Housing Element.
(State Mandated / Local Amendment / Staff Clean-up)
X
F
16.62 This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Historical Building Code. (State Mandated) X
A 16.64 This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Existing Building Code. (State Mandated) X
16.68 This Chapter previously existed in the Municipal Code. Reference changes were made to
reference the 2025 California Referenced Standards Code. (State Mandated) X
16.80 Amended the chapter to clearly define the differences between safety assessment, stop work, and
code enforcement placards. (Local Amendment)
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Resolution No. 25-XXX
Page 2
KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS
A This amendment is necessary for administrative clarification and does not modify a Building Standard pursuant to California Health and Safety Code Sections 17958.
This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of Cupertino.
B This proposed amendment has been voted for approval by the local Tri-chapter Uniform Code Committee (TUCC) and addresses the problem of poor performance of
plain or under-reinforced concrete footings during a seismic event. This amendment reflects the re commendations by the Structural Engineers Association of Southern
California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance of plain and under -reinforced concrete footings observed in 1994
Northridge earthquake and based on the following:
1. The San Francisco Bay area is densely populated and located in an area of high seismic activity. Cupertino is bounded by the Hayward and San Andreas faults capable
of producing major earthquakes.
2. Concern for fire-life safety associated with a structural failure due to a seismic event considering the increasing number of buildings in the region, the use of new
structural systems, the poor performance of certain materials, and the quality of construction.
3. Severe seismic events could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the l imited and widely
dispersed resources of the Fire Department to meet the fire life -safety needs of the community.
4. The local geographic, topographic and climatic conditions pose an increase hazard in acceleration, spread, magnitude and severity of poten tial fires in the City of
Cupertino, and may cause a delayed response from emergency responders, allowing further growth of the fir e.
C Results from studies after the 1994 Northridge earthquake indicated that a lot of the damages were attributed to lack of qual ity control during construction. The proposed
amendment improves quality control during construction and therefore needs to b e incorporated into the Code. Revise CBC Section 1705.3 exception No. 1 to allow
special inspection not to be required for isolated spread footing where the structural design of the footing is based on a sp ecified compressive strength, f’c, no greater than
2,500 psi. This proposed amendment is a continuation of an amendment adopted during the previous code adoption cycle.
D ISSUE:
Revise section 1905.1.7. ACI 318 Section 14.1.4 that allows the use of plain concrete in residential structures assigned to S eismic Design Category C, D, E or F.
RATIONALE:
The proposed amendment addresses the problem of poor performance of plain or und er-reinforced concrete footings during a seismic event. This amendment reflects the
recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task F orce that investigated the poor
performance of plain and under-reinforced concrete footings observed in 1994 Northridge earthquake.
E Local Amendments to our Fire Code were developed by the Santa Clara County Fire Marshals Association and endorsed by the Santa Clara County Fi re Chiefs
Association. The amendments have been provided to all Cities within the Santa Clara County Fire Department jurisdiction, which includes Campbe ll, Los Gatos, Los
Altos Hills, Saratoga and Monte Sereno and will be included in each of their City’s code adoption packages for consistency of enforcement.
F The local Amendments for our all-electric Reach Codes and Green Building Standards Codes were driven by Silicon Valley Clean Energy through the Bay Area Reach
Codes Initiative.
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CITY OF CUPERTINO
Agenda Item
Subject:Introduce Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino
Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film
Production.”
Conduct the first reading of Ordinance No. 25-2279: “An Ordinance of the City Council of the City of
Cupertino Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to
Regulate Film Production.”
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: November 4, 2025
Subject
Introduce Ordinance No. 25-XXX: “An Ordinance of the City Council of the City of
Cupertino Amending City Code Title Five (Business Licenses and Regulations) to Establish
Chapter 5.51 to Regulate Film Production.”
Recommended Action
Conduct the first reading of Ordinance No. 25-XXX: “An Ordinance of the City Council of the
City of Cupertino Amending City Code Title Five (Business Licenses and Regulations) to
Establish Chapter 5.51 to Regulate Film Production.”
Background
The City has consistently received filming-related inquiries from independent filmmakers,
commercial production companies, students, and international media outlets. Just in the last
year, these inquiries totaled over a dozen, ranging from small student projects to commercial
shoots, including inquiries from Yamaha Motor Corporation, El Camino Health, the Italian
television network La7, and CBS. A number of neighboring cities and throughout California
have adopted film permitting procedures. To date, Cupertino has not adopted such an
ordinance. Without a formal ordinance or permit process to regulate film production within the
City, staff have handled film inquiries on a case-by-case basis, often involving multiple
departments to coordinate safety, parking, traffic, and use of the public right-of-way with no
consistent approach leading to duplicative work and additional staff time. Additionally,
without such a permitting procedure the City has no means of collecting fees for its efforts in
supporting the commercial efforts of film production activities within the City.
Reasons for Recommendation and Available Options
Addressing film-related inquiries has resulted in significant staff time and ambiguity regarding
insurance, liability, and the use of City resources. Establishing a clear, standardized framework
to manage filming requests will establish clear process and expectations, protect the City,
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improve efficiency of operations and staff resources, and allow for the recovery of the benefits
offered by City.
The proposed ordinance (Attachment A) establishes a formal film permit application process
that complies with state guidelines outlined in California Government Code Section 14999.20 et
seq. Staff researched similar ordinances in other Bay Area cities and Los Angeles County region,
as well as California cities with demographics similar to Cupertino. From this review, staff
developed the proposed ordinance, consistent with the best practices among these other
jurisdictions.
The proposed ordinance would require a film permit for any film production within the City on
both public and private property, with the following exemptions:
•News media
•Private non-commercial (family) videos
•Studio filming
The proposed ordinance authorizes the City to collect permit fees to recover administrative and
operational costs associated with the processing, review, and issuance of film permits. These
fees would be comparative to fees in other cities that have an established film permit process
and will be included in an upcoming fee schedule amendment to be considered by Council at a
later date. As written, charitable (nonprofit) and student film projects would be required to
obtain a film permit but will be exempt from paying any film-related fees.
Other key provisions in the proposed ordinance include:
•Establishing general requirements regarding public noticing, filming hours, site
conditions, crew behavior, and oversight.
•Prohibiting interference with routine neighborhood activities (e.g. street sweeping,
refuse collection).
•Setting requirements for filming that would impact traffic flow.
•Authorizing the City Manager, or designee, to issue film permits, impose conditions,
and require insurance, safety plans, and coordination with law enforcement or
emergency services, when applicable.
•Incorporating standard liability, insurance, and indemnification provisions consistent
with City Code and state law.
•Codifying criteria for permit denial, revocation, and enforcement to ensure compliance
with the City’s Municipal Code and public safety standards.
Applications for film permits will be reviewed and administered by the City Manager’s Office.
However, applicants will still be required to obtain a business license and other necessary
permits from the appropriate departments. Requests involving street or sidewalk closures,
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special effects, drone use, or large crews will require additional review and/or permits from the
Public Works Department, County Sheriff’s Office, and/or County Fire per already established
processes.
Next Steps
Prior to adoption, staff will submit the proposed ordinance to the California Film Commission
for review, in accordance with California Government Code Section 14999.21. The Commission
will review the draft ordinance and provide its findings to the City within five business days of
receipt. A summary of the Commission’s findings will be provided to the Council at the second
reading, tentatively scheduled for early December 2025. If this ordinance is not adopted, the
City will not have a mechanism for regulating commercial film production in the City or for
collecting fees associated with that production.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The proposed ordinance authorizes the City to collect permit fees and require such permittees
to carry insurance limits at levels expected to protect the City’s from liability and to cover the
various costs incurred by the City associated with such film production activity within the City.
In adopting the associated fee schedule, future film production within the City should not be a
drain on the City’s finances.
City Work Program (CWP) Item/Description
None
Council Goal:
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Samantha LoCurto, Communications and Marketing Coordinator
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager and City Clerk
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Draft Ordinance
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1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM
PRODUCTION
The City Council of the City of Cupertino finds that:
1. The purpose of this Chapter is to: (a) establish a standardized film permit process
to regulate commercial, television, motion picture, and nonprofit filming activities
conducted within the City; and (b) ensure coordination with appropriate City
departments to protect public health, safety, and welfare, and minimize
disruptions to residents, businesses, and public spaces.
2. This Chapter further authorizes the City to recover administrative and operational
costs associated with the processing, review, and issuance of film permits through
the collection of film permit fees pursuant to a reasonable fee schedule
implemented herewith.
3. The establishment of a film permit process, including the associated fee schedule
is consistent with the City’s goals of transparency, accountability, and fiscal
responsibility.
4. The City desires to encourage filming activity that is compatible with the City’s
character, preserves public safety and welfare, and supports local businesses while
ensuring that applicants contribute to the costs incurred by the City in facilitating
such activity.
5. The City Council of the City of Cupertino held a duly noticed public hearing on
November 4, 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.
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Ordinance No. __________
Page 2
The Cupertino Municipal Code is hereby amended as set forth in Attachment A,
attached hereto and incorporated herein by this reference.
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.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment; therefore, the activity is not subject to CEQA. Future filming activities will
remain subject to applicable City regulations and may be further reviewed for CEQA
compliance on a case-by-case basis, if warranted. 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 final 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
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Ordinance No. __________
Page 3
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
November 4, 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
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – An ordinance to regulate film production
A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in
its entirety and shall read as follows:
Chapter 5.51: Regulation of Film Production Permits
5.51.010 Purpose and Intent
This Chapter establishes procedures for the review and issuance of permits for filming
activities on location within the city. The intent of this Chapter is to facilitate the
production of such work while protecting the residents, property owners, and
businesses for the potential adverse impacts of filming activities.
5.51.020 Definitions
A. "Charitable or student film" means any filming by (i) a nonprofit organization,
which qualifies under Section 501 (c)(3) or (4) of the Internal Revenue Code as a
charitable organization; or (ii) an accredited educational institution, and for
which no person, directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes or photos.
B. "Film Production'' means all activities related to staging or shooting of
commercial motion pictures, television shows or programs, commercials and
advertisements, commercial still photography, video tapes, computer-based
programs or other visual reproduction technology now known or hereafter
created and the filming of commercial radio station promotional events. The
period of filming includes the set-up, all on-site production time, and striking the
set, including but not limited to removing scenery, equipment or props at the
conclusion of filming.
C. "News Media" means filming for the purpose of spontaneous, unplanned
television news reporting by journalists, reporters, photographers or camera
operators.
D. "Private Property'' means any property in the City not owned by the City.
E. "Studio" shall mean a fixed place of business where filming activities, including
motion or still photography, are regularly conducted upon the premises.
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 2
5.51.030 Permit Requirements and Exemptions
No person, including students, shall use any public or Private Property, facility or
residence within the City for the purpose of Film Production without first applying for
and receiving a permit from the City, with the following exemptions:
A. News Media. The provisions of this Chapter shall not apply to or affect reporters,
photographers or cameramen in the employ of a newspaper, news service or
similar entity engaged in on-the-spot print media, publishing or broadcasting of
news events concerning those persons, scenes or occurrences which are in the
news and of general public interest.
B. Private Non-Commercial Video. Filming, videotaping or still photography solely
for private non-commercial use.
C. Studio Filming. Filming activities, motion or still photography conducted at a
studio.
D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt
from permit-related fees but still require a permit.
1. Nonprofit organizations desiring a film permit must complete an
application form and must provide a copy of their proof of tax-exempt
status.
2. Student film projects require students to supply a written certificate from
the school of their attendance stating that the filming project is an
assignment for their class and is not intended for commercial distribution.
E. City-sponsored Events. Film Production conducted or commissioned by the City,
or produced with City funding, sponsorship, or direction.
5.51.040 Permit Application and Fees
A. The issuing authority shall be the City Manager or their designee. The City shall
only issue a permit if it is determined that at least the following criteria have
been met:
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 3
1. The proposed use will not unreasonably interfere with traffic or
pedestrian movement, or unreasonably interfere with or endanger the
public peace or rights of nearby residents and merchants to the quiet,
peaceable enjoyment of their property, or otherwise be detrimental to the
public peace, health, safety or general welfare;
2. The proposed use will not unduly impede, obstruct or interfere with the
operation of emergency vehicles or equipment in or through the permit
area, or adversely affect the City's ability to perform municipal functions
or furnish City services in the vicinity of the permitted area;
3. The proposed use will not constitute a fire or safety hazard and all proper
safety precautions will be taken as are reasonably necessary to protect the
public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least
fourteen (14) calendar days prior to the date of the requested Film Production
activity, or, if such Film Production activity interferes with traffic or involves
potential public safety hazards, an application shall be submitted at least thirty
(30) calendar days in advance of commencement. In either case, the applicable
filing timelines may be adjusted from time to time as established by the City
Manager or his or her designee, with any such changes to be duly noted in the
permit application and on the City’s Official webpage. The City, in its sole
discretion, may have availability to process an urgent request for a permit within
three (3) business days, subject to staff availability. Any such expedited
processing shall incur an additional fee.
C. An application for a film permit shall be submitted on the City’s form and shall
include all information, materials, and documentation required by this Chapter,
including but not limited to (i) a certificate of insurance demonstrating
compliance with all insurance requirements set forth in this Chapter, and (ii)
evidence of any and all permits, approvals, or personnel required under the
CMC or other applicable laws to proceed with the proposed use. An application
shall not be deemed complete until all required items have been submitted and
all information provided is accurate and complete. The City may require
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 4
supplemental information as reasonably necessary to evaluate the application
and ensure compliance with applicable local regulations.
D. A schedule of fees for City services and use of City property shall be established
as part of the City’s master fee schedule.
E. The City’s Communications and Marketing Coordinator, or such other staff
member as may be designated by the City Manager, shall serve as the primary
point of contact for the applicant.
F. The applicant shall obtain any required business license and encroachment
permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the
City’s respective departments. The applicant shall also coordinate with the City’s
Office of Emergency Management to secure any necessary public safety
personnel, including police and fire personnel, to assist with the Film
Production.
G. A filming permit shall be valid for the production period set forth in the
approved application. Upon the request of the applicant, the issuing authority
shall have the power, upon a showing of good cause, to change the date for
which the permit has been issued, provided applicant is in compliance with
established limitations to time and location.
5.51.050 Film Production Insurance, Liability and Indemnification
A. For Film Production on public property, including on the public right of way, a
permittee is required to carry commercial general liability and automobile
liability insurance and provide a certificate of insurance in an amount of at least
one million dollars ($1,000,000) per occurrence or higher, if required by the
permit, naming the City, its City Council, commissions, officers, employees,
agents and volunteers as additional insureds for protection against claims for
personal injury, wrongful death and/or property damage. The certificate shall not
be subject to cancellation or modification until after thirty (30) days' written notice
to the City. A copy of the certificate will remain available upon request by City.
Student applicants must conform to the provisions listed in this subsection by
providing a certificate of insurance from their educational institution.
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 5
B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or
other aerial vehicles or equipment, the applicant shall obtain additional insurance
coverage satisfactory to the City, including but not limited to aircraft liability
coverage or unmanned aircraft liability coverage, in an amount not less than five
million dollars ($5,000,000) per occurrence. The applicant shall provide the City
with a copy of the certificate of insurance as proof of coverage prior to the
commencement of any aerial filming activities. All aerial filming activities shall
comply with applicable federal, state, and local laws, including but not limited to
all regulations of the Federal Aviation Administration and any other governing
authority having jurisdiction over the operation of an aircraft.
C. An applicant shall conform to all applicable Federal and State requirements for
worker's compensation insurance for all persons operating under a Film
Production permit under this Chapter.
D. An applicant shall execute an indemnification and hold harmless agreement in a
form provided by the City prior to the issuance of a permit under this Chapter.
Such indemnification and hold harmless agreement may be incorporated into the
terms and conditions of the film permit.
E. To ensure cleanup and restoration of the site, an applicant may be required to
submit a refundable security deposit, in the amount to be determined by the City
Manager or their designee. Upon completion of filming and the City’s inspection
of the site and determination that the site has been restored to its prior condition,
the security deposit will be returned to the applicant.
5.51.060 General Requirements for Film Production
A. Notice. All residents and merchants within a three hundred (300) foot radius of
the film location must receive notice of filming at least forty-eight (48) hours
prior to the first day of filming. Notwithstanding the foregoing, the City reserves
the right to impose additional notice requirements if, in the City's discretion,
extraordinary circumstances of the filming warrant additional notice. The City
Manager may waive some or all of the notification requirements contained in this
section.
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An Ordinance on Regulating Film Production - Page 6
B. Filming Hours. The hours for filming are 7:00 a.m. to 10:00 p.m. Filming activities
occurring outside the designated hours require signature approval by eighty (80)
percent of residents and businesses within a three hundred (300) foot radius. The
City Manager may waive the signature approval requirements contained in this
section.
C. No Interference. Filming shall not interfere with normal activities of any
neighborhood, such as refuse collection, street sweeping, gardening, deliveries or
ingress or egress to public or Private Property without permission of the
appropriate authority.
D. Roadwork and Construction. Any roadwork or construction by City crews
and/or private contractors under permit or contract to the City or any other
public agency has priority over filming activities.
E. Inspections. The permittee must allow site inspections by City staff at any time.
A copy of the approved City license and permit must remain at the filming
location.
F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera
language that is loud or lewd within earshot of the general public.
G. Condition of the Site. The permittee shall conduct operations in a neat and
orderly fashion, and upon completion of filming, the area shall be cleaned of
trash and debris and restored to its original condition.
H. Oversight Personnel. The permittee shall ensure that any required personnel
pursuant to CMC 5.51.040(D)(3) are on site during filming.
I. At the City's request, a briefing between City staff and the permittee may be
required.
J. For filming that would impact public movement within the right-of-way, an
applicant must submit a traffic control and handling plan to the City for review
and approval. The plan shall consider:
1. The furnishing and installation of warning signs and any other traffic
control devices necessary for conformance with the California Department
of Transportation’s California Manual on Uniform Traffic Control devices.
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Ordinance No. __________
Page 7
An Ordinance on Regulating Film Production - Page 7
2. Use of Santa Clara County Sheriff’s personnel for traffic handling
assistance may be required, at the discretion of the City.
3. Traffic may be restricted to non-peak hour periods, depending upon
location and potential impacts to traffic.
4. Additional restrictions may apply for filming in the vicinity of schools.
5. Unless authorized by the City, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
5.51.070 Permit Denial, Enforcement, and Revocation
A. The City shall deny the permit if the conditions of CMC 5.51 and any other
applicable laws or regulations have not been met or if the application contains
incomplete or false information.
B. The City may immediately revoke or suspend a permit which has been granted,
if the conditions of CMC 5.51 and all applicable laws and regulations are no
longer being met, if the information supplied by the applicant becomes or is
determined to be false or incomplete, or if any substantial change in
circumstances results in the proposed use becoming detrimental to the public
peace, health, safety or general welfare.
C. Upon revocation of a permit, the permittee may be prohibited from applying for
another permit for a period of one (1) year if it is determined by the City
Manager or City Attorney that the application was filed under false pretenses or
that future filming may be detrimental to the public peace, health, safety or
general welfare.
D. The City further reserves the right to initiate criminal, civil and/or administrative
penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.
E. The City Manager, or designee, may waive or modify any requirement of this
Chapter upon determining that the waiver is in the public interest and consistent
with the purpose of this Chapter.
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CITY OF CUPERTINO
Agenda Item
Subject: 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
Receive an update on the development of the Active Transportation Plan and provide feedback on
the draft project prioritization criteria
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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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: November 4, 2025
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.
Recommended Action
Receive an update on the development of the Active Transportation Plan and provide feedback
on the draft project prioritization criteria.
Background
With substantial progress already made on the implementation of recommended projects from
the 2016 Bicycle Transportation Plan and the 2018 Pedestrian Transportation Plan, a new,
comprehensive Active Transportation Plan (ATP) was necessary to build on those
improvements and address evolving community needs. Staff also recognized the importance of
creating a unified, citywide plan to align bicycle and pedestrian initiatives while accounting for
the needs of motorized vehicles. This coordinated approach ensures consistency across policies
and projects, avoiding duplication, aligning initiatives, and addressing overlapping concerns.
On April 4, 2023, the City Council approved the FY 23/24 City Work Program (CWP), which
identified the ATP as an item “to be considered” for inclusion in the following year’s work
program. The City Council approved the FY 24/25 CWP on April 3, 2024, with the ATP included
as an approved project. City staff then identified Transportation Development Act Article 3
(TDA3) funds as an external funding source to support the development of the Plan. With
funding secured, staff advertised a Request for Proposals for consultant services to assist in
developing the Plan. On December 3, 2024, the City Council authorized the City Manager to
award a contract to Alta Planning + Design, Inc., for development of the Active Transportation
Plan.
Reasons for Recommendation and Available Options
Phase 1 of the Plan occurred between March and June 2025. It included policy review,
community outreach and input, and analysis to develop data-driven project recommendations.
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The first step of Phase 1 was developing a Plan Review Memo to ensure the ATP is consistent
with and supports local and regional policies, including Cupertino plans like the General Plan’s
Mobility Element and Vision Zero Action Plan, the Countywide Active Transportation Plan,
and other relevant documents.
Building on that policy context, the project team then conducted a Needs Assessment,
supported by an Existing Conditions Review. These documents examined the City’s
transportation network in detail, identifying where walkers and bikers feel stressed or
disconnected. Analyses such as Active Trip Potential and Level of Traffic Stress were applied to
estimate how many short driving trips could realistically shift to walking or biking. Together,
these data-driven methods established a clear picture of where gaps are greatest and where
investments could have a significant community impact.
In parallel with the analysis work, staff reached out to the community to learn what
destinations they want to travel to and what barriers prevent them from walking or biking.
Between March and June 2025, the City held 12 outreach events, engaged with more than 1,300
residents and gathered close to 3,000 individual comments. Residents expressed consistent
concerns about safety on the Vision Zero High-Injury Network, the need for improved
connectivity between neighborhoods and schools, the need to consider the potential project
impacts to drivers, and the importance of designing facilities that are for people of all ages and
abilities. Feedback from the community helped validate the technical analysis, and together
these two sources informed project recommendations. All the outreach performed in Phase 1 is
summarized in the Public Participation Memo, which is available on the City’s project webpage.
Phase 1 also resulted in a Vision, Goals, and Objectives Memo. This document captured the
shared vision that Cupertino should be a community where walking, biking, and rolling are
easy, safe, and comfortable for everyone. The ATP’s vision, goals, and objectives were
developed by consolidating similar and overlapping statements from existing Cupertino plans
and then refined using the input gathered during Phase 1 outreach to also reflect today's
community needs and concerns. The community ranked these goals in order of importance, as
shown below:
1. Safety: Consistent with the Vision Zero Action Plan, pursue an active transportation
network that reduces the number of serious and fatal crashes involving pedestrians,
bicyclists, and other active transportation users to zero. Enact measures to anticipate
human error and minimize the impact of traffic crashes for all roadway users.
2. Accessibility: Provide a well-connected multimodal transportation network that offers
comfortable and convenient walking and biking options to key destinations for all
residents and visitors in the City.
3. Maintenance: Active transportation needs should be considered and integrated in all
City roadway maintenance activities.
4. Sustainability: Advance environmental quality and economic prosperity for the City by
providing inviting active transportation facilities that encourage frequent usage and
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improve adoption of all non-vehicle modes of travel, resulting in a reduction in Vehicle
Miles Traveled (VMT) and Greenhouse Gas Emissions (GHGs).
5. Multimodal Balance: Consider multimodal priorities and impacts of all projects to
improve sustainable transportation options throughout the City. Limit impacts to all
other modes whenever possible, including transit and personal vehicles.
6. Fairness: Provide a multimodal transportation system that is equally distributed across
all neighborhoods in Cupertino.
In alignment with the Plan goals, draft project prioritization criteria were developed to assist in
ranking the projects identified in the Plan. This ranking will occur following Phase 2 public
outreach once the public has evaluated and commented on the recommended projects. The
criteria were selected to align with community goals and VTA Measure B funding
requirements. These criteria are being presented to the Commissions and Council for review
and public comment. The draft project prioritization criteria (Attachment A) include the
following metrics to rank recommended projects:
• Collision History
• Stress Level
• School Proximity
• High Frequency Transit Proximity
• Parks & Other Destination Proximity
• Active Trip Potential
• Roadway Impact
• Public Input
Next Steps
As Cupertino transitions into Phase 2 of the project, public engagement will continue
throughout this stage, with opportunities for residents to review and comment on the draft
project recommendations. The outcome will be a comprehensive, actionable Active
Transportation Plan that the City Council can consider for adoption by spring 2026. All Phase 1
deliverables and Phase 2 outreach information can be found on the City’s project webpage at
www.cupertino.gov/atp.
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Sustainability Impact
The Cupertino ATP will have positive sustainability impacts because the Plan will develop
infrastructure improvement recommendations that increase safety and accessibility for all non-
motorized roadway users. Additionally, the ATP will include mode shift strategies to promote
walking and bicycling to reduce personal automobile dependency, which will reduce local
greenhouse gas emissions and improve air quality. Overall, the ATP will help create a healthier,
more sustainable community.
Fiscal Impact
The project is fully funded through the City's TDA3 direct allocation in budget unit100-88-844
750-243.
City Work Program (CWP) Item/Description
Yes, FY 24-25
Active Transportation Plan: This is a consolidation of existing and new transportation efforts
aiming to further goals outlined in the City’s Vision Zero Initiative, including:
18.1 Review and update bike plane
18.2 Review and update pedestrian plan
18.3 Review current Complete Streets Policy and propose adjustments to create a better
interface between all modes of transportation
Council Goal:
Transportation
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Matthew Schroeder, Senior Transit and Transportation Planner
Reviewed by: David Stillman, Transportation Manager
Chad Mosley, Public Works Director
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Draft Project Prioritization Criteria
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MEMORANDUM
To: David Stillman, Transportation Manager, City of Cupertino
Matthew Schroeder, Senior Transportation Planner, City of Cupertino
From: Christopher Kidd and George Foster, Alta Planning + Design
Date: August 5, 2025
Re: Cupertino ATP: Draft Project Prioritization Criteria
Introduction
Proposed improvements will prioritize the development of a complete active transportation network that improves fair
outcomes, safety, access, and comfort for people of all ages and abilities.
Criteria for prioritization have been aligned with the Goals of the Active Transportation Plan:
-Safety
-Access
-Sustainability
-Multimodal Balance
-Fairness
City of Cupertino | 1
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City of Cupertino | 2
MEMORANDUM
Table 1: Bicycle Network Project Prioritization Matrix
Goal Criteria Metric (Source) Scoring Max
Score
Goal Max Score
Collision History Roadway segment is near a corridor identified in the City of corridor
0 pts if not
20
Safety
5 pts: BLTS 3 Stress Level Max score from bicycle level of stress analysis 10
Access
School Proximity School located nearby schools 10
25
High Frequency
Transit Proximity Presence of major transit stops along the roadway major transit stops (VTA)
0 pts if not. 5
Parks & Other
Destination
Proximity
Presence of parks, the library, and shopping centers along the
roadway
a park or other destination
0 pts if not. 10
Sustainability Active Trip Potential
Roadway has high bicycle trip potential or high e-bike trip
potential 0 pts: <50% share of short
trips
5
10
Fills network facility gap within a segment 5
Balance Roadway Impact Potential need for lane reduction or parking removal based upon
aerial imagery
lane reduction is needed to
implement project
-0 pts if parking or lane
reduction is not needed to
-10 -10
Fairness Public Input Roadway was positively identified during public outreach process
comments/likes
10 pts if roadway has net +5
comments/likes
0 pts if roadway has less than
20 20
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City of Cupertino | 3
Table 2: Pedestrian Intersection Project Prioritization Matrix
Goal Criteria Metric (Source) Scoring Max
Score
Goal Max
Score
Collision History Roadway segment is near a corridor identified in the City of Cupertino
Vision Zero Action Plan (2024) High Injury Network (HIN)
20 pts if within ¼-mile of a HIN
corridor
0 pts if not
20
Safety 30 10 pts: PLTS 4
5 pts: PLTS 3
0 pts: PLTS 2 or 1
Stress Level Max score from pedestrian level of stress analysis 10
Access
School Proximity School located nearby 10 pts if within ¼-mile of schools
0 pts if not 10
30
High Frequency Transit
Proximity Presence of major transit stops along the roadway
10 pts for 0.5 mile proximity to major
transit stops (VTA)
0 pts if not.
10
Parks & Other
Destination Proximity Presence of parks, the library, and shopping centers along the roadway
10 pts for 0.5 mile proximity to a park
or other destination
0 pts if not.
10
Sustainability Active Trip Potential
Roadway has high active pedestrian trip potential 5 pts: 50% share of short trips
0 pts: <50% share of short trips 5
10
Fills facility gap within a segment
5 pts if gap filled on one, or both sides
of segment
0 pts if no gap filled
5
Fairness Public Input Roadway was identified during public outreach process
20 pts if roadway has net +10
comments/likes
10 pts if roadway has net +5
comments/likes
0 pts if roadway has less than net +5
comments/likes
20 20
MEMORANDUM
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City of Cupertino | 4
Table 3: Pedestrian Sidewalk Projects Prioritization Matrix
Goal Criteria Metric (Source) Scoring Max
Score
Goal Max
Score
Collision History Roadway segment is near a corridor identified in the City of Cupertino
Vision Zero Action Plan (2024) High Injury Network (HIN)
20 pts if within ¼-mile of a HIN
corridor
0 pts if not
20
Safety 30 10 pts: PLTS 4
5 pts: PLTS 3
0 pts: PLTS 2 or 1
Stress Level Max score from pedestrian and bicycle level of stress analysis 10
Access
School Proximity School located nearby 10 pts if within ¼-mile of schools
0 pts if not 10
30
High Frequency Transit
Proximity Presence of major transit stops along the roadway
10 pts for 1-mile proximity to
major transit stops (VTA)
0 pts if not.
10
Parks & Other
Destination Proximity Presence of parks, the library, and shopping centers along the roadway
10 pts for 1-mile proximity to a park
or other destination
0 pts if not.
10
Sustainability Active Trip Potential
Roadway has high active trip potential 5 pts: 50% share of short trips
0 pts: <50% share of short trips 5
10
Fills facility gap within a segment
5 pts if gap filled on one, or both
sides of segment
0 pts if no gap filled
5
Fairness Public Input Roadway was identified during public outreach process
20 pts if roadway was identified by
10 residents
10 pts if roadway was identified by
5 residents
0 pts if roadway was identified by
4 or less residents
20 20
MEMORANDUM
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CITY OF CUPERTINO
Agenda Item
Subject: City Manager Report
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Wednesday, October 29, 2025
A Message from the City Manager
Hello Neighbors,
As October comes to a close, so does our month-long celebration of Cupertino’s 70th
anniversary. Thank you to everyone who stopped by City Hall to pick up a special
giveaway and snap a photo—it was wonderful to see so many community members
showing their hometown pride.
Throughout the month, we enjoyed events like the first-ever Restaurant Week and Puzzle
Hunt, celebrating the unique spirit of our community. We are also excited to feature the
“My Cupertino” Art Showcase as part of this evening’s Cupertino Community Service
Awards, where we will honor this year’s CREST Award winners and recognize our dedicated
City Commissioners.
In addition to celebrating our City’s history, we remain focused on keeping our community
safe. The Cupertino Disaster Council will meet on Thursday, October 30, to review local
preparedness programs and emergency response initiatives. As part of these efforts, I,
along with some council and commissioners recently graduated from the CERT Academy,
equipping us to support emergency response and strengthen neighborhood preparedness.
Thank you to everyone who joined the festivities, shared your stories, or volunteered your
time, your participation made this milestone truly memorable and reflects the community
spirit that makes Cupertino so special.
Read the full City Manager’s Newsletter October 29, 2025 and all previous editions at
cupertino.gov/cmnewsletter.
Warm Regards,
Tina Kapoor
Interim City Manager
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CITY OF CUPERTINO
Agenda Item
Subject: Councilmember Reports
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1
CITY COUNCILMEMBER REPORT
Meeting: Tuesday, November 4, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 10/1/25 to 10/21/25
● Last Activity Report in the October 21, 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
2025-10-17 attended Mayor Matt Mahan’s meeting of Santa Clara County mayors
- The invited speaker Keith Humpreys Obe, a Stanford Professro in Medical School talks about the need for
“Recovery Housing”, which is housing for recovering drug addicts so that drug is not allowed. The current
state law only allows state funding to go to housing which does not restrict any drug use. As a result, many
of the state-funded housing developments are “drug saturated” and even non-users become drug users in
such an environment. Unfortunately, after the bill to fund “Recovery Housing” finally passed both the
Senate and the Assembly, the Governer vetoed it.
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.
2025-10-02 welcomed the Toyokawa student delegation at the Cupertino Civic Plaza
- The host families are waiting for the bus to pull up at the Civic Plaza and they have hand-drawn welcome
signs.
2025-10-03 attended the Santa Clara Valley Bird Alliance Centennial Celebration at Los Altos
Community Center
- The keynote speaker Kenn Kaufman gave a historic look at how birds were identified or
misidentified again and again by different people as new species over time.
2025-10-04 attended a workshop on How to Build Unshakeable Products and Services with the
Product Value Blue Print by SCORE at the Santa Clara City Library
- A great hands-on workshop for new businesses to figure out the positioning of their products.
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- SCORE (scorevolunteer.org) also offer workshops in Cupertino and works with Cupertino City
and Chamber of Commerce..
2025-10-05 attended the Double Tenth Day celebration at the County Building
- The Republic of China (later relocated to Taiwan) was established on October 10, 1991. This is an annual
celebration held at the plaza in front of the County Building.
2025-10-05 Bollywood Dance Night at Quinlan
2025-10-08 said farewell to the students from the Toyokawa delegation
- We handed out gifts and certificates at the Community Hall
2025-10-09 attended the League of California annual conference at Long Beach
2025-10-10 received the visit of a delegation from Shanghai Yangpu district
2025-10-10 attended the annual event of Sierra Club Loma-Prieta Chapter
- Very informative presentations about various works done by Sierra Club
2025-10-11 visited the practice of the US Blind Women Cricket team at the Library field
- These amazing women love sports since young age, even though they are blind or vision
impaired.
- They are attending their third training session here in Cupertino before they head to India for the
First Women’s T20 World Cup Cricket for the Blind
- They say that the Library field is the best training site in the Bay Area.
2025-10-11 attended the Diwali at Memorial Park, hosted by Cupertino Chamber of Commerce
- There were many booths and many elected officials attended the opening ceremony.
2025-10-12 attended 10th Anniversary and Thanksgiving Banquet for the Grand Cultural Ceremony
for Confucius Day
- The organization has hosted the annual Confucius Day ceremony in San Francisco. This event is a
celebration of their accomplishments and hard work after 10 years.
2025-10-13 monthly chat with Mayor at JP Taiwan Bistro (near the City Hall)
2025-10-15 attended the Grand Opening of the Sunny View “The Villas”
- The project renovated the area for easier access with wheelchair and installed fire sprinklers.
2025-10-17 attended the Grand Opening of the Skilled Nursing Facility at The Forum
- The facility will be open to the public for use. There are single rooms and double rooms.
2025-10-17 attended the Diwali celebration at the India Consulate in San Francisco
2025-10-18 attended the 55th Anniversary Flower Show of the Ibekana School
- The main work is Warm Friendship, featuring multiple flower pots connected with vines, signifying
friends holding hands.
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- The school has been offering classes through FUHSD Adult School and the show demonstrate the work of
students.
2025-10-18 attended the Pan-Asian Wonder Bazaar - A Carnival of Asian Cultures at the County
Fairgrounds
- There are many food booths and performances from different cultures and an art show in the exhibition
hall.
- There is an art show of ADHD children from China.
2025-10-18 attended the annual performance of Madhuri Kishore School of Kuchipudi
- Amazing performances by the teacher Madhuri and her students
2025-10-20 received the visit of a delegation from Changsha, together with the US-China Chamber of
Commerce
2025-10-21 give out the certificates for volunteer work for Silicon Valley Korean School in front of the
City Hall
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
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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 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.
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★ 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
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
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Councilmember Report City
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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”
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: November 4, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 10/14/25 to 10/27/25
Item Date, Title, and Description:
Event 1. October 16, 2025 – Meeting with Interim City Manager – I met with Interim City
Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues
raised by residents.
Event 2. October 20, 2025 – Meeting with CDD – On arrangement with the Interim City
Manager, I met with CDD staff to discuss the impacts of specific state laws on Cupertino
development approvals processes.
Event 3. October 21, 2025 – Board of Supervisors Meeting Adjournment in Memory of
Former Mayor Hung Wei – The County Board of Supervisors adjourned their meeting of
October 21, 2025, in memory of former Cupertino Mayor Hung Wei. At Supervisor Abe-Koga’s
invitation, Wei’s son Dustin and I offered comments in her memory.
Event 4. October 23, 2025 – Cities Association of Santa Clara County Executive Committee
Meeting – I attended this meeting in my capacity as Second Vice President of the Cities
Association of Santa Clara County. The Committee discussed and confirmed the agendas for
the November 13, 2025, Legislative Action Committee and Board Meetings. The Committee
also examined other end-of-year planning details for its December social event. Meeting
materials are available on the Cities Association website here.
Event 5. October 23, 2025 – Meeting with Interim City Manager– I met with Interim City
Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues
raised by residents.
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1
CITY COUNCILMEMBER REPORT
Meeting: November 4, 2025
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 10/14/25 to 10/27/25
Item Date, Title, and Description:
10/15/25 Along with the mayor and vice mayor I attended the ribbon cutting for the
completion of Sunny View Retirement Homes’ community beautification project, which
includes the newly renovated Villa facility. The ceremony was well attended by the residents of
the community as well as volunteers from many area non-profits organization.
10/17/25 I was honored to attend the Diwali celebration hosted by the Indian Consul
General at the new Consulate offices in San Francisco. Elected officials from Bay Area cities,
community leaders and state representatives attended this lavish and enjoyable event which
featured classical dancing, Bollywood music and a sarod and table jugalbandi or musical duet.
10/18/25 Unfortunately, the ribbon cutting organized the Cupertino Library for the new
Library play space grand opening was cancelled due to a power outage in the Torre Avenue
neighborhood.
10/22/25 The Cupertino Rotary and its Indian American community celebrated Diwali at
Quinlan Center. A well-attended, enjoyable event, with a fashion show featuring many city
leaders as the grand finale.
10/26/25 I had the pleasure of hearing Congressman Ro Khanna speak at a community
event. He provided details of key issues, such as immigration, border patrol, federal troops in
cities, the federal government shutdown, and actions underway to restore civility and the rule
of law in Washington.
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CITY OF CUPERTINO
Agenda Item
Subject: Upcoming Draft Agenda Items Report
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Upcoming Draft Agenda Items
CITY OF CUPERTINO
City Council
Tuesday, November 18, 2025
Ceremonial ItemsCeremonial Items
25-13644 Subject: Recognition of November 29, 2025 as Small Business Saturday
Postponements and Orders of the Day
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)
Consent Calendar
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
25-13710 Subject: Approval of a Resolution ratifying Accounts Payable for week
ending ___
24-13600 Subject: Approval of November 4, 2025 City Council minutes
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
25-14445 Subject: Receive the Monthly Treasurer's Report for
25-14454 Subject: Receive the Treasurer's Investment Report for Quarter Ending
25-14490 Subject: Adopt the Other Post-Employment Benefits (OPEB) and Pension
Trust Investment Policies
25-14491 Subject: Receive the Treasurer's Investment Report for the Quarter Ending
September 30, 2025
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Wednesday, October 29, 2025
25-14492 Subject: OpenGov Budget Format Review Presentation and Finalize
Recommendations
Public Hearings
25-14149 Subject: Amendment to FY 25-26 Fee Schedule to establish fee for
ministerial two lot Urban Lot Splits
Future Agenda Items
25-14090 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-14416 Subject: Q1 Work Program update
25-14458 Subject: Receive the City Manager's First Quarter Financial Report for
Fiscal Year 2025-26
City Manager Report
25-14210 Subject: City Manager Report
Presentations
25-14251 Subject: Emergency Operations Center (EOC) Operational Overview
presentation (10 min) (Jim Frawley and Ken Ericksen (tentative))
Tuesday, December 2, 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.
Ceremonial Items
25-14183 Subject: Recognition of City Manager's Office
Consent Calendar
24-13601 Subject: Approval of November 18, 2025 City Council minutes
25-14144 Subject: Second reading and adoption of an ordinance for Municipal
Code Amendments to add a new section relating to filming and permits
25-14465 Subject: Receive the Monthly Treasurer's Report for
25-14466 Subject: Receive the Monthly Treasurer's Investment Report for
25-14231 Subject: Business license renewal procedure update and establishment of
an amnesty period for outstanding renewals
25-14400 Subject: Declare properties as having potential fire hazards from weeds
or other potential nuisances for the Cupertino Weed Abatement Program.
25-14485 Subject: Review and accept the OPEB and Pension Trust Investment
Policies
Future Agenda Items
25-14091 Subject: Upcoming Draft Agenda Items Report
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Wednesday, October 29, 2025
Action Calendar
25-14125 Subject: Introduce first reading of an ordinance to make minor updates
and minor 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); 3.23.020
Definitions. ("Public works project") to align with AB2192
25-14271 Subject: Capital Improvement Programs City Hall Improvements project
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); 3.23.020
Definitions. ("Public works project") to align with AB2192
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
25-14310 Subject: Approve 2026 Council Calendar
25-14213 Subject: Approval of an agreement to replace Cupertino’s HR and
Financial Enterprise Resource Planning (ERP) system (IT - Teri Gerhardt)
25-14499 Subject: Receive the FY 2024-25 Annual Comprehensive Financial Report
(ACFR)
25-14470 Subject: Annual Report on Commission Activities
Public Hearings
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Wednesday, October 29, 2025
25-14398 Subject: Development review of 55 town home condominium units, with
10 ADUs, across ten, three-story buildings, on three contiguous parcels,
totaling 2.72- acres, located on Stevens Creek Boulevard at the current
Idlewild Shopping Center site/United Furniture, adjacent to the
Marketplace Shopping Center. A Tentative Map (TM-2024-006), and an
Architectural and Site Approval (ASA-2024-008) is required. The proposal
requests Density Bonus waivers. Located at 10075 E. Estates & 19610
Stevens Creek Blvd.(APNs.: 369-06-002, -003, -004)
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
Wednesday, January 21, 2026
Consent CalendarConsent Calendar
25-14368 Subject: Approval of procedures for issuing proclamations and
certificates
25-14418 Subject: Ratifying Accounts Payable for the periods ending
25-14419 Subject: Receive the Monthly Treasurer's Report for
25-14420 Subject: Receive the Monthly Treasurer's Investment Report for
Public Hearings
25-14471 Subject: Development of 57 townhomes, including 11 affordable units, to
replace two office buildings on a 2.6-acre site, located close to the
northeast corner of the intersection of Stevens Creek Blvd and Randy
Lane. A Tentative Map (TM-2024-010), Architectural and Site Approval
(ASA-2024-016), and Tree Removal Permit (TR-2024-045) is required.
25-14472 Subject: Development of 32 townhomes, including 6 affordable units, to
replace three office buildings on a 1.77-acre site, located mid-block corner
on Stevens Creek Boulevard between Randy Lane and Blaney Avenue. A
Tentative Map (TM-2025-002), Architectural and Site Approval
(ASA-2025-004), and Tree Removal Permit (TR-2025-005) is required.
Action Calendar
25-14162 Subject: Introduction of Amendments to Municipal Code Section 2.88.100
Duties-Powers-Responsibilities of the Audit Committee
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
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