Cupertino City Council
September 20, 2022

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, September 20, 2022
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION 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) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 4:30 p.m. on Tuesday, September 20 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.
3) E-mail comments during the times for public comment during the meeting to the City Clerk at [email protected]. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to three minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email [email protected] prior to speaking.

Members of the public may provide oral public comments during the meeting as follows:

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Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_ahtWFcv4TDSSOOarDfyj2A Phone
Dial: 669-900-6833 and enter Webinar ID: 989 4195 1685 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 989 4195 1685
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,

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if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance.

In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 20, 2022, commencing at 5:30 p.m. via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference.

SPECIAL MEETING (Teleconference-Only Meeting)
ROLL CALL - 5:30 PM

STUDY SESSION

1. Subject: Study Session to consider potential Municipal Code Amendments to allow properties in Single Family Residential Districts to subdivide properties into two and/or develop properties with up to two units ministerially pursuant to CA Senate Bill 9 Recommended Action: Receive this report and provide direction to staff on next steps related to finalizing a regular ordinance to implement Senate Bill 9 Presenter(s): Emi Sugiyama, Assistant Planner and Piu Ghosh, Planning Manager Staff Report
A - Senate Bill 9 Text
B - Ordinance No. 21-2235

ADJOURNMENT
RECESS - 6:30 PM
REGULAR MEETING (Teleconference and In-Person Meeting)

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PLEDGE OF ALLEGIANCE - 6:45 PM

ROLL CALL

CEREMONIAL MATTERS AND PRESENTATIONS

1. Subject: Consider a proclamation recognizing September 21 as World Alzheimer’s Day Recommended Action: Present proclamation recognizing September 21 as World Alzheimer’s Day
A - Proclamation

2. Subject: Consider a proclamation recognizing National Hispanic Heritage Month from September 15, 2022 to October 15, 2022
Recommended Action: Present proclamation recognizing National Hispanic Heritage Month from September 15, 2022 to October 15, 2022
A - Proclamation

3. Subject: Update on Fiscal Year 2021-22 and FY 2022-23 of City Work Program Item on Homeless Jobs Program
Recommended Action: Receive presentation on the FY 2021-22 successful completion and FY 2022-23 continuation of the Homeless Jobs Program City Work Program item Presenter: Kerri Heusler, Housing Manager

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. 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.

SPECIAL MEETING STUDY SESSION - CONTINUED (As necessary)

REPORTS BY COUNCIL AND STAFF

4. Subject: Brief reports on councilmember activities and brief announcements

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Recommended Action: Receive brief reports on councilmember activities and brief announcements

5. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments

6. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments

7. Subject: City Manager update
Recommended Action: Receive City Manager update on City business

8. Subject: Department Update - Public Works
Recommended Action: Receive update regarding the Public Works Department CONSENT CALENDAR (Items 9-17)
Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously.

9. Subject: Consider approval of the August 29 City Council minutes Recommended Action: Approve the August 29 City Council minutes A - Draft Minutes

10. Subject: Consider approval of the August 30 City Council minutes Recommended Action: Approve the August 30 City Council minutes A - Draft Minutes

11. Subject: Consider approval of the September 6 Special Meeting (Closed Session) City Council minutes
Recommended Action: Approve the September 6 Special Meeting (Closed Session) City Council minutes
A - Draft Minutes

12. Subject: Consider approval of the September 6 Regular Meeting City Council minutes Recommended Action: Approve the September 6 Regular Meeting City Council minutes
A - Draft Minutes

13. Subject: Consider approval of the September 12 City Council minutes Recommended Action: Approve the September 12 City Council minutes A - Draft Minutes

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14. Subject: Consider accepting State grant funding for the Via On-Demand Shuttle Pilot Program and extending the contract with Nomad Transit, LLP to operate Via Shuttle Pilot Program
Recommended Action: 1. Accept grant funding for the Via Shuttle Pilot Program from the California State Transportation Agency’s (CalSTA) Transit & Intercity Rail Capital Program (TIRCP) grant in the amount of $8,465,000

2. Authorize the City Manager to execute an amendment to the Professional/ Consulting Services Agreement with Nomad Transit, LLC for the Via On-Demand Shuttle Pilot Program (Attachment A), increasing the previous not to exceed amount by $200,000 and extending the term to June 30, 2023

3. Adopt Resolution No. 22-117 (Attachment B) to approve a budget modification (number 2223-231) increasing appropriations in the General Fund, Traffic Engineering Program (100-88-844) by $200,000, for a revised not-to-exceed amount of $1,950,000 for the Via Shuttle Pilot Program

4. Find that the use of formal competitive bidding procedures is not practicable for the Cupertino-Santa Clara TIRCP shuttle program and direct the City Manager to dispense with City bidding requirements pursuant to the Cupertino Municipal Code § 3.22.060 Staff Report
A - Contract Amendment with Via
B - Draft Resolution
C - Pilot Program Ridership Statistics
D - Via Pilot Invoice Summary
E - TIRCP Expansion Map

15. Subject: Consider providing a Statement of City Council Support for the I-280/Wolfe Road Interchange Project and authorize the appropriation of $800,000 from the General Fund Capital Reserves as a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project
Recommended Action: 1. Provide a Statement of City Council Support for the I-280/Wolfe Road Interchange Project, and

2. Adopt Resolution No. 22-118 to approve budget modification 2223-239 increasing appropriations in the Capital Reserve by $800,000 for the transfer out of funds (429-90-001) and General Fund, budget 100-88-844 by $800,000 for a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project Staff Report
A - Initial Funding Agreemt 280-Wolfe
B - Draft Resolution

16. Subject: Consider the Streetlight Transition Assessment Report Recommended Action: Accept the Streetlight Transition Assessment Report Staff Report
A - Streetlight Transition Assessment Report

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17. Subject: Consider the summary vacation of a portion of a Public Utility Easement on the property located at 10778 Morengo Drive
Recommended Action: Adopt Resolution No. 22-119, summarily vacating a portion of a Public Utility Easement on the property located at 10778 Morengo Drive Staff Report
A -Aerial Exhibit
B - Draft Resolution
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None

ORDINANCES AND ACTION ITEMS

18. Subject: Update on the Status of the Research from the City Council Subcommittee Meetings for the Cupertino Community Funding Grant Program Recommended Action: Receive an update on the status of the research from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program and provide direction on next steps.

Presenter: Rachelle Sander, Acting Director of Parks and Recreation Staff Report
A - Community Funding Grant Policy
B - Questions from Community Grant Subcommittee
C - Historical Funding Report (FY2018-2023)
D - Funding and Services Organizations Received (FY2018-2023) E - Comparative Analysis - Santa Clara County Community Grant Programs F - General Plan Guiding Principles
G - Community Funding Recipients by Proposed Categories (FY2021-2023)

19. Subject: Consider amending the City of Cupertino Conflict of Interest Code for officials and designated employees per State law requirement on a biennial basis; 2022 Local Agency Biennial Notice
Recommended Action: a.) Adopt Resolution No. 22-120 rescinding Resolution No. 20-115 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and b.) Authorize the City Manager to sign the required 2022 Local Agency Biennial Notice
Presenter: Kirsten Squarcia, City Clerk
Staff Report
A - Draft Resolution and Conflict of Interest Code (redline) B – Draft Resolution and Conflict of Interest Code (clean) C – Adopted Resolution No. 20-115
D - 2022 Local Agency Biennial Notice

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20. Subject: Consider:

1. Review crosswalk options across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and

2. Review the proposed language for signage to be posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision Recommended Action: 1. Consider directing staff to return to City Council one year after the opening of Regnart Creek Trail (tentatively scheduled for November 2023) with recommendations on the necessity for, and location of, potential crosswalks across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and

2. Review the proposed language for the signage to be installed and posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision.

Installation would occur following Council’s approval at the September 20, 2022 meeting
Presenter: David Stillman, Transportation Manager
Staff Report
A - March 1, 2022 City Council Staff Report
B - Rodrigues Avenue Aerial Exhibit
C - Proposed Pathway Easement Signage
ORAL COMMUNICATIONS - CONTINUED (As necessary)

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

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 94107; telephone (408) 777-3223; email [email protected]; 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

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Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City 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’s 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
22-11369 Agenda Date: 9/20/2022
Agenda #: 1.

Subject: Study Session to consider potential Municipal Code Amendments to allow properties in Single Family Residential Districts to subdivide properties into two and/or develop properties with up to two units ministerially pursuant to CA Senate Bill 9 Receive this report and provide direction to staff on next steps related to finalizing a regular ordinance to implement Senate Bill 9
Presenter(s): Emi Sugiyama, Assistant Planner and Piu Ghosh, Planning Manager CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
powered by Legistar™ 10
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Study Session to consider potential Municipal Code Amendments to allow properties in Single-Family Residential Districts to subdivide properties into two lots and/or develop properties with up to two units ministerially pursuant to California Senate Bill 9. (Application No.: MCA-2022-001; Applicant: City of Cupertino; Location: Citywide in all single-family residential zones)
Recommended Action
That the City Council receive this report and provide direction to staff on next steps related to finalizing a regular ordinance to implement Senate Bill 9.

Discussion
Background
Senate Bill 9 (“SB 9”) was signed into law on September 16, 2021 with an effective date of January 1, 2022 (Attachment A). As a matter of urgency and pursuant to Government Code §65858, on December 21, 20211 City of Cupertino (“City”) staff brought Interim Ordinance 21-2235 (Attachment B) before City Council to adopt objective standards for ministerial approval of up to two dwelling units on a parcel and two lot subdivisions pursuant to SB 9. The Interim Ordinance was again brought before Council on February 1, 20222to extend the expiration date of the interim ordinance to December 19, 2022.

Pursuant to the City Council’s policy which allows two councilmembers to request items for future meeting agendas, at the December 21, 2021 meeting, Councilmember Moore and Mayor Paul directed staff to conduct a study session regarding potential amendments to Interim Ordinance 21-2235. This study session responds to that request.

1 Staff report and attachments available online at:
https://cupertino.legistar.com/LegislationDetail.aspx?ID=5362273&GUID=CB9F500E-8E12-41FA8E97-2B33CCED758F&Options=&Search= 2 Staff report and attachments available online at:
https://cupertino.legistar.com/MeetingDetail.aspx?ID=916228&GUID=2DF752C6-C534-4A29- 9F8E-FDC0DCA10815&Options=info|&Search=
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 2 This staff report provides a brief overview of the provisions of SB 9, a list of items that may be addressed through a regular ordinance, and a timeline for adoption of a regular ordinance.

Analysis
State Law Overview
SB 9 requires ministerial approval of 1) up to two units in single-family residential zones, subject to certain conditions, and 2) two lot subdivisions (“Urban Lot Splits”) in single family residential districts, subject to similar conditions, with no public hearing. If the conditions are met for both an Urban Lot Split and duplex development, their approval can result in the development of up to four units on one existing single-family residential lot. The state mandated requirements for approval are discussed in further detail in the Staff Report for the December 21, 2021 meeting agenda packet.3 Preparation of Ordinance
Staff is preparing an ordinance to implement the provisions for Urban Lot Splits and multiple unit development which consists of new objective subdivision standards, revised development standards, and objective design standards. These regulations aim to:

1. Preserve neighborhood character while accommodating increased density;

2. Maintain privacy protection for existing residents;

3. Minimize pedestrian, motor vehicle, and bicyclist conflicts from changes to sidewalk and roadway infrastructure necessary to accommodate increased density; and

4. Protect environmental resources while maintaining the ministerial level of review required by State law.

Updates to Ordinance
A regular ordinance to implement SB 9 is being prepared for presentation to the Planning Commission in October with City Council hearings in November of this year. Since adoption of Interim Ordinance 21-2235, staff has received some requests for preliminary review of proposals for both Urban Lot Splits and duplex development under the provisions of SB 9, but no formal applications have been submitted. While minor clarifying edits are proposed to make ordinance language more objective, no major changes are being considered to the adopted interim regulations. However, after reviewing the preliminary proposals, receiving questions and comments from the public, and considering prior Council discussions, staff requests direction from Council on the following matters:

3 See footnote 1.
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 3 a. Lot Configuration
Interim Ordinance 21-2235 includes language in Municipal Code Section 19.28.060 that requires proposed Urban Lot Splits to follow a specified lot configuration based on the existing lot shape. Staff seeks Council direction on whether to retain or modify this provision in a regular ordinance.

While existing flag lots and lots with street frontage of less than 60 feet may result in flag lots, the adopted regulations require existing interior and pie shaped lots with 60 feet or more of street frontage to result in two side-by-side interior lots, rather than as one interior lot and one flag lot as indicated in Figure 1 below.

SB 9 does not speak to lot configuration requirements, but the statute allows local jurisdictions to develop objective standards to implement its ministerial lot split provisions. Urban Lot Splits cannot be reviewed under typical discretionary standards, and as such the interim ordinance included objective standards for lot configuration to better ensure neighborhood compatibility and orderly subdivision, minimize conflicts with pedestrians and bicyclists, and minimize hardscape associated with proposed Urban Lot Splits.

The interim ordinance standards are consistent with General Plan Policy LU-27.7 which states: “Compatibility of Lots. Ensure that zoning, subdivision, and lot-line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns” (emphasis added) and General Plan Strategy 27.7.2 which states: “Allow flag lots only in cases where they are the sole alternative to integrate subdivisions with the surrounding neighborhood.” These standards are also consistent with the City’s current lot configuration pattern, where flag lots are not the predominant pattern of development. This is evidenced by the fact that, per the City’s GIS, there are fewer than 180 flag lots in R1 zoned areas in the City, which amounts to roughly 1.7% of the R1 zoned lots.

Figure 1: Interior Lot Urban Lot
Split
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 4 If lots with street frontages greater than or equal to 60 feet are allowed to result in flag lots, SB 9 would allow the development of up to two units on the new flag lot. When compared to privacy impacts of a side-by-side
subdivision, development of the flag lot could
result in increased privacy impacts as existing,
neighboring properties could be subject to
overlapping viewsheds of up to four units. By
contrast, side-by-side subdivisions would
result in, at most, privacy impacts from two
units (see Figure 2). It should be noted that,
once adopted, the City would have no
discretion in application of these regulations
and would therefore be unable to provide any
additional consideration to cases where privacy
concerns are raised.

Planning staff and the City Council have received comments from four individuals regarding the limitation of flag lots on properties with a street frontage of 60 feet or more. Comments have noted that this standard limits development, does not reflect the pattern of lot configuration in the City, and creates lots that are too narrow to accommodate development. As previously indicated, flag lots are not a common nor predominant pattern of lot configuration in Cupertino and only 1.7% of R1 lots in the City are flag lots. The interim regulations also attempt to address these concerns by allowing for a zero-foot setback for development at a new, shared property line, which ameliorates the potential design impacts of development on narrower lots created under SB 9 by encouraging greater separation from the existing, adjacent neighbors.

However, it is within Council’s discretion to allow for greater flexibility to create flag lots under the City’s Urban Lot Split objective standards.

Staff seeks Council’s direction on whether to:

1. Retain the existing lot configuration standards which do not allow resulting flag lots on interior and pie shaped lots with a street frontage of more than 60 feet; or

2. Modify the regulations to allow flag lot configuration on lots of all widths. b. Second Story Decks and Balconies
At its December 21, 2021 meeting, Council discussed and opted to disallow secondstory decks and balconies from developments proposed pursuant to SB 9. However, the interim regulations disallowing balconies/decks currently apply only to R1 zoned properties and not to RHS properties. Since Urban Lot Splits would result in smaller lots, there would certainly be more consternation from existing residents regarding Figure 2: Potential views due to subdivision
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 5 their privacy. Project applications for SB 9 development are reviewed ministerially; therefore, should the regulations allow second-story decks or balconies, the City would have no discretion to identify or address potential privacy impacts not addressed through adopted objective standards. However, under current regulations and subsequent to ministerial approval of a development project under SB 9, property owners could apply for a discretionary Minor Residential Permit for a second story deck or balcony addition.

Staff is considering minor edits to the existing regulations for clarity and to implement Council’s prior direction to disallow second-story decks and balconies in R1 zones for development proposed pursuant to SB 9.

However, Staff seeks Council’s direction on whether to:

1. Retain existing second story deck and balcony regulations which prohibit these features only in R1 zones; or

2. Modify regulations to disallow them
i. In RHS zones; or
ii. For all future lots and homes developed using SB 9. c. Grade Change Limitation
In consideration of privacy protection and potential environmental impacts, a change in grade of not more than six inches for improvements related to an Urban Lot Split is currently allowed (Municipal Code Section 18.20.170F). It should be noted that this standard is limited to Urban Lot Splits and is currently not applicable to requests for development of homes under the provisions of SB 9.

Per the Municipal Code, the height of proposed development is measured from the natural grade, defined as the contour of the land prior to improvements or development, unless otherwise established by a City-approved grading plan that is part of a subdivision map approval. As Urban Lot Splits would be accompanied by a City-approved grading plan, a significant change in grade elevation approved as part of an Urban Lot Split may result in increases to building height and finished floor elevations, unless specific objective standards are adopted.

With regards to privacy protection, this limitation to grade change ensures that, at the time of subdivision, the grade elevation will not be increased to an extent which would lead to additional potential for privacy impacts. As previously noted, projects proposed under the provisions of SB 9 are reviewed ministerially and therefore additional considerations for privacy impacts may not be made on a case-by-case basis. Additionally, this standard limits the potential for proposals to significantly alter natural contours on the site to accommodate an Urban Lot Split. 15 CC 09-20-2022
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 6 The existing six-inch limitation was put in place to avoid substantial changes in grade that may affect allowable heights and/or result in exorbitant cuts and/or fill that lead to significant environmental impacts. However, the existing standard may be restrictive to development of lots even with minor slopes. For example, a proposed 20-foot in length cut to accommodate a building pad on lot with a consistent upward slope of about five percent (5%) would result in an elevation change of approximately one foot (1 foot) and would not meet this standard. As such, staff is considering minor changes to the ordinance to accommodate limited grading on such lots.

While draft language for this modification is still being developed for Cupertino, the following standards have been implemented in surrounding areas to address grade change concerns related to Urban Lot Splits and SB 9 development.

City of Campbell: A change in elevation (AMSL) from natural grade shall be limited to the minimum extent necessary to ensure adequate drainage as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

City of Los Gatos: Grading activity shall not exceed the summation of 50 cubic yards, cut plus fill, or require a grading permit.

City of Los Altos: First floor finished elevation shall be no more than twenty-two (22) inches above existing natural grade on a non-hillside lot. In a flood zone or flood way, the first-floor level may be set at the minimum allowed above grade to meet code requirements.

For a hillside property, a stepped foundation is required where the average slope beneath the proposed structure ≥ 10%.

In addition to the modifications outlined above, Staff is considering extending the grade change limitation to home development under SB 9.

One member of the public requesting preliminary review has noted that this standard has limited their ability to pursue an Urban Lot Split of their RHS property. However, due to the ministerial nature of development under SB 9 and limitations on discretion, to eliminate the need for extensive and expensive grading on slopes and hillsides, and to ensure environmental protection, staff continues to recommend incorporating reasonable grading standards.

Staff seeks Council’s direction on whether to:

1. Retain existing grade change limitations; or

2. Modify regulations and apply revised limitations to both Urban Lot Splits and SB 9 development.
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 7 d. Zero-Foot Setback Allowance
Under direction of City Council, a provision for eliminating setback requirements from new shared lot lines was added for development proposing more than one primary dwelling unit when approved concurrently with an Urban Lot Split.

The existing standard does not explicitly outline the extent of allowance for variation in setback (i.e., whether a two-foot setback would be allowed) or whether one unit could be at a zero-foot setback while the other, on the adjacent lot could be at the state mandated four-foot setback. The intent of this provision was to create potential for an increased setback from property lines on the opposing sides which abut existing residences and to mitigate the perceived massing of development by allowing one standard house sized structure located more centrally across the lots.

To clarify the intent of this regulation, Staff is considering modifications to this standard to allow a zero-foot setback along a new shared property line only under certain circumstances and as an alternative to State mandated setbacks. Staff is considering allowing zero-foot setbacks only if: a) the opposing side yard setback is a minimum of five feet on the first floor and ten feet on the second floor; b) the units on the two side-by-side lots are developed at the same time; and c) the entirety of wall faces of both units on the shared lot line with a zero-foot setback are structurally attached. It is anticipated that the regulations would clarify that one unit cannot have a zero-foot setback while the other has a four-foot setback and that one cannot propose a setback between zero and four feet.

Staff seeks Council’s direction on whether to:

1. Retain the existing zero-foot setback allowance; or

2. Modify the regulations for zero-foot setbacks to either:
i. Clarify the objective design standards; or
ii. Remove the zero-foot setback allowance and require a four-foot setback, consistent with State law.

Figure 3: Massing and separation of zero-foot
setback structures
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 8 e. Second Story Building Envelope Requirements
The interim regulations include a requirement for a second story building envelope.

This was adopted to mitigate the mass of and privacy impacts from the second story by increasing its distance from adjacent neighbors.

One member of the public requesting preliminary review has noted that standards related to second story building envelopes do not allow for more modern designs with stacked first and second stories, and limit development potential. The current requirements promote a tiered design for two-story development that is generally consistent with the design requirements of all other non-SB 9, two-story homes in Cupertino. Additionally, it should be noted that proposals which utilize the City’s allowance for a zero-foot setback from shared lot lines created through an Urban Lot Split are not subject to this second story building envelope requirement and may therefore, achieve a variation in the design of development. At this time, staff is not recommending making any changes to these requirements.

However, staff seeks Council’s direction on whether to:

1. Retain existing second story building envelope regulations; or

2. Modify regulations to eliminate the requirement.

Summary of Requests for Direction from Council
As discussed above, staff seeks Council’s direction on whether to:
a. Flag Lot Configuration

1. Retain the existing lot configuration standards which do not allow resulting flag lots on interior and pie shaped lots with a street frontage of more than 60 feet; or

2. Modify the regulations to allow flag lot configuration on lots of all widths. b. Second-Story Decks and Balconies

1. Retain existing second story deck and balcony regulations which prohibit these features only in the R1 zone; or

2. Modify regulations to disallow them
i. In RHS zones; or
ii. For all future lots and homes developed using SB 9. c. Grading Change Limitation

1. Retain existing grade change limitations; or

2. Modify regulations and apply revised limitations to both Urban Lot Splits and SB 9 development.
d. Zero-Foot Setback

1. Retain the existing zero-foot setback allowance; or

2. Modify the regulations for zero-foot setbacks to either:
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 9 i. Clarify the objective design standards; or
ii. Remove the zero-foot setback allowance and require a four-foot setback, consistent with State law.
e. Second Story Building Envelope

1. Retain existing second story building envelope regulations; or

2. Modify regulations to eliminate the requirement.

Sustainability Impact
The adoption of standards to implement SB 9 may potentially positively impact sustainability through the allowance of additional infill opportunities and further housing opportunities, while avoiding adverse impacts arising from underregulated SB 9 development. The additional housing created under these provisions may assist in addressing the City’s current jobs-housing imbalance which may in turn influence vehicle miles traveled, also referred to as VMT, and greenhouse gas emissions in the City.

Fiscal Impact
No fiscal impact. Council approved a permit fee for the new Miscellaneous Ministerial Permit through adoption of Resolution 22-049 while Urban Lot Split proposals will continue to be reviewed under the standard Parcel Map fee.

Application of these fees allow the City to recoup the costs of processing such permits.

California Environmental Quality Act (CEQA)
The project is statutorily exempt as, pursuant to Government Code §65852.21(j) and §66411.7(n), the adoption of an ordinance by a city or county implementing the provisions of Government Code §§ 65852.21 and 66411.7 and regulating urban lot splits and twounit projects is statutorily exempt from the requirements of CEQA.

Next Steps
As noted above, pursuant to Government Code §65858, the City adopted an interim ordinance to implement objective standards for review of projects under the provisions of SB 9. Interim Ordinance 21-2235 is set to expire on December 19, 2022, prompting the need to adopt a regular ordinance. The following meeting dates have been tentatively identified by staff to accommodate adequate time for preparation of materials and deliberation before the Interim Ordinance expires.

Wednesday, September 28, 2022: Community Meeting to review input from members of the public on proposed ordinance amendments.

Tuesday, October 11, 2022: Planning Commission hearing to review and make recommendations on draft municipal code
amendments.
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September 20, 2022 Study Session of Regular Ordinance Implementing SB 9 Page 10 Tuesday, November 1, 2022: City Council hearing to conduct first reading of the draft municipal code amendments.

Tuesday, November 15, 2022: City Council hearing to conduct second reading of the draft municipal code amendments.

Prepared by: Emi Sugiyama, Assistant Planner
Piu Ghosh, Planning Manager
Reviewed by: Benjamin Fu, Director of Community Development Christopher Jensen, City Attorney
Approved for Submission: Pamela Wu, City Manager
Attachments:

A – Senate Bill 9
B – Interim Ordinance No: 21-2235
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Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA

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months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 Ch. 162 — 2 —
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This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The people of the State of California do enact as follows:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a)  A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
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(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1)  Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A)  The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i)  Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 —
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no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a)  Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
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(1)  The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2)  (A)  Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B)  A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3)  The parcel being subdivided meets all the following requirements:
(A)  The parcel is located within a single-family residential zone. (B)  The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C)  The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D)  The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i)  Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii)  Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii)  A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv)  Housing that has been occupied by a tenant in the last three years. (E)  The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F)  The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G)  Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b)  An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1)  A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2)  A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 Ch. 162 — 6 —
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2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3)  Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c)  (1)  Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2)  A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3)  (A)  Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B)  Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d)  Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e)  In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1)  Easements required for the provision of public services and facilities. (2)  A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3)  Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A)  The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B)  There is a car share vehicle located within one block of the parcel. (f)  A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g)  (1)  A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 — 7 — Ch. 162
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housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2)  This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3)  A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h)  A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i)  A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j)  (1)  Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2)  For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k)  Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l)  Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m)  For purposes of this section, both of the following shall apply:
(1)  “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2)  “Local agency” means a city, county, or city and county, whether general law or chartered.
(n)  A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 Ch. 162 — 8 —
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considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o)  Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a)  (1)  An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2)  Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3)  “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b)  (1)  The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
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(2)  The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3)  Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c)  The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d)  The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e)  Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f)  For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1)  The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2)  The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 — 11 — Ch. 162
Attachment A
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
94 Ch. 162 — 12 —
Attachment A
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INTERIM ORDINANCE N0. 21-2235

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO ADDING OR AMENDING CUPERTINO MUNICIP AL
CODE SECTIONS 18.20.170, 19.08.030, 19.12.030, 19.12.110,19.28.040,

19.28.050, 19.28.110, 19.28.150, 19.28.170,19.40.050,19.40.060,19.40.090, AND 19.112.060 TO ADOPT STANDARDS FOR MINISTERIAL

APPROV AL OF DUPLEXES AND LOT SPLITS IN SINGLE-FAMILY

RESIDENCE DISTRICTS
SECTION I: PROJECT DESCRIPTION
Application No.:

Applicant:

Location:

MCA-2021-005
City of Cupertino
Single-Family Residential Districts Citywide
SECTION II: RECIT ALS
WHEREAS, on September 16, 2021, Governor Newsom signed into law Senate Bill 9 (" SB 9"), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Goverrunent Code, relating to land use; and
WHEREAS, SB 9 require a proposed housing development containing no more than two residential u:iThtswithin a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements; and
WHEREAS, SB 9 further require a local agency to rninisterially approve a parcel map for a lot split for a parcel in a single-family residential zone that meets certain requirements; and
WHEREAS, SB 9 authorizes local jurisdictions to apply objective zoning standards, objective subdivision standards, and objective design standards, subject to certain limitations in statute, and provides that these standards may be embodied in alternative objective land use specifications adopted by a local agency; and WHREAS, prior to SB 9 taking effect on January 1, 2022, the City Council wishes to adopt objective'standards for the approval of housing development projects and parcel maps that are protective of the health, safety, peace, morals, and general welfare of Cupertino residents and consistent with the requirements of State law; and WHEREAS, the implementation of SB 9 without standards for the ministerial approval of development projects and lot splits would create a current and immediate threat to the 33 CC 09-20-2022
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Ordinance No. 21- 2235

public health, safety, or welfare, and therefore the City Council wishes to adopt an interim ordinance that will allow for the orderly and effective implementation of SB 9.

SECTION III
NOW, THEREFORE, BE IT ORDAINED:

That after careful consideration of facts, exhibits, testimony and other evidence submitted in this matter the City Council hereby adopts the Ordinance based on the findings described below, the public hearing, and the record, as follows:

Section 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set fortli in their entirety.

Section 2. The City Council finds the following as set forth by Municipal Code Sections 19. 152. 020C and 19. 152. 030D:

1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City' s Comprehensive General Plan ( Cornrnunity Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code.

Theproposedamendmentshavebeenadoptedin accordwith the requireme; ntsof Title 19, and areproposedto implementSB9 in amanner that is consistentwith therequirementsof t7ieCihfi General P(an and internaLLy consistent witli Title 19.

2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act ( CEQA).
u;nder Government Code Sections 66411. 7(7?) and 65852. 21( j), a;n ordinance adopted to implement therequirementsof SB9 shall ;notbeco;nsideredaproject under CEQA. Tlieproposed ordinance is thereforeexemptfrom CEQA.

3. The site is physically suitable ( including, but not Iirnited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation( s) and anticipated land use development( s).

Theproposedordinanceamendmentsarenot bei;ngapp(iedto any specificsite, nor is it reasonab7y foreseeab( which e specificsitesmay edecto utilize theproposedordinanceamendmen. ts.

4. The proposed zoning will promote orderly development of the City.

The proposed ordinance is intended to promote t7ie orderly implementation of deve7opment permitted under SB 9.

5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or worlang in the neighborhood of subject parceIs.
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Ordinance No. 21-2235

Theproposedordi;nanceamendmentsarenotbeingappliedtoanyspecificsite, norisit reasonably foreseeablewhic7ispecificsitesmaydect to uti(izetheproposedordinanceamendments. The proposedordinancewiu regulatethedevelopmentofprojectsin single-familyresidentialdistricts authorizedunderSB9 toprotectthehealth, safety, peace, moralsandgeneralwelfareofpersons residing'm those districts.

Section 3. The City Council hereby approves the following amendments to the Cupertino Municipal Code:

1. Add a new Section 18.20.170 of the Cupertino Municipal Code to read as follows:

18.20.170 Ministerial A roval of Urban Lot S lits.

A. The Director of Community Development shall ministerially approve a parcel map application for an urban lot split if it meets the a ents of Government Cod Section 66411.7 and conforms to pll applicable objective requirements of the Subdivision Map Act commencin with Government Code Section 66410 . No ublic hearin shall be required. Notice shall be provided to adjacent property owners including those across any public or private stree'D fourteen days prior to any action on the proposed project. The decision of the Director of Community Development shall be final.

The Director of Commuru Devel ent shall
Jit pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created by pursuant to this Section, to the extent that such standards do not conflict with Government Code Section 66411.7 inclu ' t not ' led to the o ' ective subdivision standards in Parara h G.

C. Notwithstan ' P h the Director of ommuni
Devel ent ma den an an lot lit to this
Section, if the Building Official makes a written finding, based upon a derance of the evid that an h ' develo ent ' ect
in connection with the lot lit would have a ' a adverse d defined and determine Section Government C de Section 65589.5(di(2 u on ublic health andsafet or the h, sical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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D. In addition to an other conditions established in accordance with this Section, the Director of Community Development may require any of the following conditions when considering an application for a parcel ma for an urban lot s lit ursuant to this Section:

2. A ent that the
adaointhe ublicriht-of-wa,.
have access to vide access to or
E. Any lot created pursuant to this Section shall be limited to residential uses.

F. Gra Gra a shall not result in a chan the natural
grade by more than 6-inches from existing natural grade, as d.emonstrated a ' and ' lan ared b a o civil en ' eer
unless required to by the City Engineer;
G. An applicant for a lot split shall provide proof that the property has notbeen ied arenterinthethree ears ' thea lication
to the satisfaction of the Director of Community Development.

H. An licant for a lot lit t to this Section shall an
affidavit statin that licant inten to a h o unit on
one of the lots created as their principal residence for a minimum of three ears from the date of the of the an lot li vid
however, that this Paragraph shall not apply to an applicant that is a community land trust, as defined in Revenue and Taxation Code Section 402.I II " orisa ' edrr tio asd in
Revenue and Taxation Code Section 214.15.

I. Ob'ective Subdivisions Standards for Ministerially Approved Lot Splits. In addition to any app]icable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Secti 7 a lot ' t t to this
Section must comply with the objective subdivision standards to the maximum extent permissible under Government Code Section 66411.7, inclu ' but not limi to o " e standards for ministerial lot lits set forth in Sections 19.28.050 and 19.40.050.

J, This Section shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for 36 CC 09-20-2022
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Ordinance No. 21-2235

ministerial approval of lot splits are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of com t 'urisdicti at which time this Section shall become null and void.

2. Amend or add the following definitions in Section 19.08.030 of the Municipal Code to read as follows:

Bay window" means a proiecting window element that is not an extension of the floor area and does not incorporate any useable space for seatin or other ur. oses
Duplex" means a $residential develo ment, on a lot under one ownership, containing not more than two kitchens, designed and used as two attached or detached rima dwelling units, of comparable size independent of each other.

Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following:

1. Halls;

2. Base of stairwells;

3. Base of elevator sliafts;

4. Services and mechanical equipment rooms;

5. Interior building area above fifteen feet in l'ieight between any floor level and the ceiling above;

6. Residential Lbasements in the A, Al, Rl and RHS zoning districts with lightwells that do not conform to Section 19.28.070(I); 7 Residential basements in the Rl and RHS districts on
ects t to Government Code section 65852.21

8. Residential garages;

9. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls;

10. Sheds and accessory structures.

Floor area." shall not include the following:
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Residential Bbasements in the Rl and RHS zoning districts with lightwells that conform to Section 19.28.070(I);

2. J L2ightwells;

3. Attic areasa

4. Parl< ing facilities, other than residential garages, accessory to a permitted conditional use and located on tlte same site;

5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls.

Gable end" means the exterior wall that su itched roofs and is enerall, trian, ular in sha e.

Lot" means a parcel or portion of land separated from otl'ier parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

1. " Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

2. " Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width.

3. " Interior Jot" means a Jot other than a corner lot.

4. " Key lot" meai'is the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street whicli intersects or intercepts the street on which the corner lot fronts.

5. "Pie-shaped lot" means an interior lot where the front lot line abuts a cul-de-sac, is 20'/o or more shorter than the rear lot line or the lot has five or more lot lines.

Su stantiall nclosed" means an area that is covered b roof or ceilin. that is not more than 50oo o en to the sk elements and surrounded by solid barriers that are six inches or taller on three sides.

Solid barriers do not include open railings that are no taller than 42 38 CC 09-20-2022
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Ordinance No. 21-2235

inches, decorative arches or trellises. Railings and trellises shall have a visual transparency of more than 50'/o.

3. Amend Section 19.12.030 Approval Authority, subsection R-I Ordinance Permits to add the following:

Type of Permit % C_m
Public
d
Public
4 Chapter/
or Decision A- B
trative 5
Commission Council RadiusD
bite __ tion
Findimzs
5 Committee
Comment
i
l
Miscellaneous
Ministerial F None Yes _ 19.28.150
Permit

4. Amend Section 19.12.030 Approval Authority, subsection R-I Ordinance Permits to add the following:

Type of Permit % Cih
d
Public !_ Cha'oter/
or Decision A-B
tratlVe 5
Commission Co_u_ncil RadiusD
Site __ tion
Findines
m Uommittee
Comment
12s
Miscellaneous
Ministerial Not allowed
Permit

5. Amend Section 19.12.110F of tl'ie Cupertino Municipal Code to read as follows:

F. Posted Site Notice:

1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right-of-way in accord witli the requirements of Table 19.12.030.
a. Applicants must install a site notice in the front
yard of the subject site.
b. For all applications other than Two Story Permits,
Residential Design
Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in Rl or R2 zones, if the
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Ordinance No. 21-2235

subject site has more than one property line
abutting a street, the applicai" it may be required to
install more than one notice.

2. The notice shall be a weatherproof sign, firmly
attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design
Review, Miscellaneous Ministerial Permits and
Tree Removal applications in Rl or R2 zones, shall
be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice,
shall be at least 4 feet tall and 6 feet wide.

3. The notice shall be placed at least 14 days prior to the decision/ public hearing and shall remain in place until an action has been taken on the application and the
appeal period,. i has passed.

4. The notice shall contain the following:
a. The exact address of the property, if known, or the
location of the property, if the address is not
I<nown;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
following visual representations of the proposed
project:
i. A color perspective drawing or threedimensional ( 3-D) photographic simulation of the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design
Review Permit, and Miscellaneous Ministerial
Permit applications, a color or black and white
perspective drawing or three-dimensional ( 3-D)
photographic simulation of the proposed
project, at least II inches by 17 inches in size.
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iii. Visual Representation is not required for
applications that do not have a material change
in the physical appearance of the property.

6. Amend Section 19.28.110 of the Cupertino Municipal Code to add a new subsection G as follows:

G. eous Ministerial Permit: For ' ects notice of a
Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19. 110A and on the calendpr
da. s rior to the date of action on the a lication.

7. Amend Section 19.28.170 of the Cupertino Municipal Code to read as follows:

A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. No a eal of a Miscellaneous Ministerial Permit shall be allowed,

8. Amend Section 19.28.040 of the Cupertino Municipal Code to read as follows:

Planning permit required prior
to building permit application
Approval
authority
iType of Project
I
A.None
Admin.

One-story single-family project that does
not require exception or variance from the
requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration

1. One-story encroachment into a
required rear yard setback, subject to
requirements of Section 19.28.070

2. One-story extension of an existing side
yard nonconforming building wall
line, subject to requirements of Section

19.28.100 in all districts except Rl-a

3. One-story project with a gable end of a
roof enclosing an attic space projecting
outside the building envelope, subject
to requirements of Section 19.28.070 or

19.28.080
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Ordinance No. 21-2235

Planning permit required prior
to building permit application
i Approval
authority
Type of Project
I

4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except Rl-a

5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
provided that provided that no such
structure shall infringe upon solar
easements or adjoining properff
owners

6. One or two-story addition or new
home on a sloped single-family
residential lot with development on
building pads/graded areas with actual
slopes equal to or greater than 20% and
with total floor area ratio of all
struchires on the lot greater than 35%
C. Director's Minor
Modification, pursuant to
Chapter 19.12, Administration
Encroachment of porch elements into the
required front yard setback in the Rl-a
zone, subject to the requirements of Section

19.28.100.

D.Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home
in all districts that do not require
Residential Design Review per Section

19.28.040 ( E) except in an Ij-a zone.
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Planning permit required prior
to building permit application
iApproval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin.
with
design
review
Two-story addition ornew two-story home
in all districts except Rl-a wliere:

1. Second floor to first floor area ratio is
greater thait 66%, except any second to
first floor ratio for development on
building pads/graded areas with actual
slopes equal to or greater than 20%;
and/or

2. Where second story side yard
setback(s) are less than 15 feet to any
interior side property line
DRC
with
design
review
Two-story addition, new two-story home,
aitd/or second story deck in the Rl-a zone
F. Exception, pursuant to
Chapter 19.12, Administration
Section 19.28.130,
Exceptions
DRC
One or two-story project requesting an
exception from Sections 19.28.070
Development Regulations ( Building)],

19.28.080 [ Eichler Rl-e Building Design
Requirements], and/or 19.28.110
Landscape Requirements'.

G.Hillside Exception, pursuaiit
to Chapter 19.12,
Administration
PC
Development ( area greater than 500 square
feet) on slopes greater than 30%
H.Architectural and Site
Approval, pursuant to
Chapters 19.12,
Administration
One or two-story addition or new home on
a sloped single-family residential lot with
development on building pads/graded
areas with actual slopes equal to or greater
than 20% and where the cut plus fill of the
site exceeds 2,500 cubic yards
I. Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home
in an Rl zoning district with an "i" suffix
J. Miscella_neous Ministerial _ Admin 1, New one or two-sto du lex ro'ect Perm_it in an Rl zonin district ursuant to
Government Code Section 65852.21
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Ordinance No. 21-2235

Planning permit required prior
to building permit application
Approval'
authority
Type of Project

2. New one or two-sto sin le famil
home or secondarv principal dwelline
unit, or two story addition in an Rl
zonine district pursuant to
Government Code _ S_ec! ion65852_. 2_l

9. Amend Section 19.28.050 of the Cupertino Municipal Code to read as follows:

Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
A, Minimum
net lot area I
i, 5,000
square feet
ii.tlte number
multiplied by 1,000
square feet
iii. ' io,ooo Square feet
iv. For lots created under the provisions of Government Code Section 64411.7 the resultin lots shall be 40-60'/o of the lot beine subdivided with no lots less than 1,200 square feet.

B. Minimum lot
width ( at the
vt'ztil colh:> rlc
i50 feet _ ii. 60 feet _,= iii. 75 feet
iv.For lts created pursua_nt to the provisions of Government 1:,,,,l Code Section 64411.7:
xuxll-/
a. _ N_omor_ethan two_new_nro_'t Iines ma be added to
create a new lot.
b. Existin interior lots or ie sha ed Jots with 60 feet or more street frontaee: resultim. lots shall have a street fr__oe _ that is bet_ween_40-60% of the lot width of the lot being subdivided.
c. _ Bxistin_s_ interior lots or pie sha_p_ed__lots withles__sth_an 60 feet of street frontaee: one of the resulting lots shall be a flag lot with access to the street.
d. E__x_istin fla lot subdivision: resultin lots must be subdivided in the same orientation as the existin lot i.e. the existing front lot line must be the front lot line of the future lots and the existina rear lot line shall be the rear lot line of the future lots) and shall be between 40-60% of the lot width of the lot being subdivided.
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Ordinance No. 21-2235

Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
e. _ Corner Sots: Shall bes_ubdivi, led in a manner that the existine street side propertv line shall be snlit to create at least one front lot line on that frontage.

C. Landscaping i, See Chapter 14. 15, Landscape
Ordinance.
ii. At least 50'/o of the front vard of
iii. Landscaping plans are
required for all additions
or new homes. The
an rooect a roved ursuant to purpose of the

9.28.150 shall be _ landscaoine is to beautifv
bv landsca' trine ( i.e., not the prooertv and to
hardscaped). achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50oo of the
front ard of an ro'ect
a roved iu_rsuant to
Chapter 19.28.150 shall
be occu ied b
landscapim, ( i.e., not
hardscaned).

D. Development proposed on building pads / graded area with slopes equal to or greater than 20%

1. Total site
grading ( cut
plus fill)2-3
i, 2,500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040 ( H). iii. For proiects proposed pursuant to Government Code
Sections 64411.7 and 65852.21 shall be limited to 2,500 cubic vards for the entire site prior to subdivision.
iv. !_roiects proposed ursuant to Governm_ ent Code
Sections 64411.7 and 65852.21 flat ard area created b
gr__ areas _ th_at_a__re slo ed more than IO%_ shall be 45 CC 09-20-2022
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Ordinance No. 21-2235

Rl-5 Rl-6, 7.5, 8, 10, 20,
etc,, and Rl-6e
Rl-a
limitedto 2,500 _ sauare feet noQ inc_luding the_drivewav_--_ l______-__J__- ;- -
prior to anv subdivision.

2. Fences See Chapter 19.48, Fence Ordinance
E. Development
structures,
improvemeiits,
or grading) on
actual slopes >
i, Limited to 500 square feet.
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in
accordance with section 19.40.080 of the RHS Ordinance. No Hillside Excention is permitted on lots developed pursuarit 30'/0 to Section 19.28.150.

F. On-site All ro ertie shide a 4.5 foot wide athwa and a 4.5 imorovements__ f_oot wide___p_lantine stri'o._curb and utter curb cut, AC pavement, and undereround utilities at the street as follows:

1. Detached pathway when the properties on either side of the p_ronert_v__neine dev_elopedhas_ a detached athwa

2. Monolithic athwa when the ro erties on either side of the nro'tyertv beine develo'oed has a monolithic pathwav

3. _ When moao_ erties on_ eith_erside of the ro er do not ha_ve a athwa a athwa that matches the re-dominant
pattern of nathwavs on the street, as determined bv the Citv Engineer, shall be provided, unless the property has a
semi-rural" desienation_ ado_'t_ied__ by _ C_itvCouncil:
r-"- i-? 4
resolution.

4. The Citv Eneineer shall adopt anv obiective standard necessa to im lement the re uirements of this ara ra h.

G. Drivewavs for 1. _ For n__ewinterio_ r_lots with a treet fronta e of 35 feet or less develo ments no more than a 12-foot wide one-car wide curb cut shall be nursuant _ to permitted. A distance of at least 22 feet shall be provided Government between the two one-car wide curb cuts, else, a shared Code Section drivewa curb cut ma be rovided.
64411.7 2. Existin ie-sha ed lots with a street fronta e of more than 70 feet: Resultim. lots mav movide a maximum 18 foot wide driveway curb cut for each resulting lot provided a distance of atleast 22 feet is provided between existing and proposed driveway___ jlares, el_s_eadrive_wa curb cut no more than 12 foot wide ( one-car wide curb cut) shall be ' permitted. 46 CC 09-20-2022
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Ordinance No. 21-2235

Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a

3. Existim. pie-shaped lots with a street frontaee 70 feet or less:

Drivewav access shall be shared over the access area of the resultin fla lot. No other curb cuts shall be ermitted.

4. When subdivision results in a flae lot subdivision, the lots shall share vehicular access off of a minimum 20 foot and a maximum of a 25-foot-wide access area com risin of a
minimum 16-foot drive aisle, and minimum 2 foot wide
landscaping planter on either side.

5. Where a shared drivewa not throu h a fla lot is
d
i. No additional curb cuts shall be ermitted.
ii. 50% of the width of the shared driveway curb cut shall be on each ro er .
iii. A maximum curb cut of 18' feet shall be permitted.

6. A maximum 18' wide car curb cut is allowed when a two car a roach is ermitted.

7. A covenant necessarv for a'o'oromiate ineress and eeress easements shall be record_ ed when access is shared prior to fin_ al n_a_rce__lm_aprecordation.

8. A maintenance aereement shall be recorded to ensure
shared maintenance of an shared access easements
stormwater treatmen landsca in and rivate utilities
prior to final arcel map_recordation.

H. Easements 1. Utilitv easements shall be recorded prior to final ' oarcel and Covenants _ m_a_'orecordatio_ n.
reauired for 2. A covenant necessarv for maintenance of stormwater subdivisions treatment facilities shall be recorded mior to final man ursuant to recordation.

G__overnmen_ t_
Code Section
64411.7
lSJotes:

I Lots, winch contaiit less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
2 Maximum grading quantity includes gradiitg for the building pad, yard areas, driveway, and all other areas requiting grading, but does not include basements. The graded area shan be 47 CC 09-20-2022
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Ordinance No. 21- 2235

liinited to tlie buildii' ig pad area to tl"ie greatest extent possible. Gradiiig quai' itities for multiple driveways are divided equany ainong the participating lots, e.g. two Jots shariitg a driveway will divide the driveway grading quantity iii lialf. The divided sl"iare will be charged agaiitst the grading quaiitity allowed for that lot development.
3 An ait aitd ffflll areas shall be rounded to follow the natural contours and plaiited with landscapiitg that meets the followii' ig requirements:
i. A landscape pla+' i shall be prepared tliat addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree plaitting plan sliall be prepared for the site which win screen grading areas, aitd residential structures, to tlie greatest possible extent, as well as to reiittroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Laitdscape iinprovements shan meet the requirements as established iit the Laitdscape Ordii' iaitce, Cl'iapter 14.15.
iv. Laitdscape improvements shan be iitstalled prior to final occupaiicy unless such ii tstallation is impracticable, in wlncl" i case, the applicaiit shall post a bond, casli, or otl"ier security to ensure iitstallation witli' i ait 18-montli period from occupancy. All sucli lai'idscape areas shall be properly maiiitained.

10. Add a new Section 19.28.150 of the Cupertino Municipal Code to read as follows:

19.28.150 Ministerial Approval of Up to Two Units.

A. Issuance of Miscellaneous Ministerial Permit. The Director of Comm ' Devel t shall " rove to two
residential units on a parcel in an R-I single- family residence district or R-I zoned Planned Development Zoning District if the proposed h ' devel ent meets the ' ents Government Code
Section 6585 and com lies with all li le o ' ective '
standards, objective subdivision staridards, and objective design review standards.

B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and o ' ective desi review in the Muni ' al General
an Iicable o c and other o ' ective land use '
that do not conflict with the requirements of Government Code Section 65852. 21, including but not limited to the objective zoning and design standards in Parara h E.

C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based 48 CC 09-20-2022
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Ordinance No. 21-2235

e onderance of the evidence that the ropose
development proiect would have a s'pecific, adverse impact,, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and saf
feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made a le by the City shall be completed by the applicant. The form shall be accom anied a fee t the Ci Council ma ad resolution to
sufficien recover the cost of a ' a the ents of this
section. The application shall be accompanied by all technical reports, Jans and information ' to make a determination on the
proposed project.

E. Obiective Zoning and Design Standards for Ministerially Approved Housin Devel en ' ects in the R-I District. In ddition to an licable o ' ective stan o ' ective subdivision standards and obiective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all li le o aective ' and d standards the
le under Governm Code Section 6585
including but not limited to the following standards for ministerial develo ment ro'ects.

1. Develo ment a. Exce t as otheise rovided herein units Standards shall not exceed 800 s are feet er unit and
Gov.Code,__!i shall cottmlv with Paragraph B.
65852.21) b. The floor area of the lareer unit in a dunlex develo ment ro osed ursuant to this
Section shall be no more than 200 s uare feet
g_r than_ the smaller unit of the____duplex
development.
c. Notwithstandim, sub'oaragraph ( a), a dtmlex
developed pursuant to this Section mav have
a Floor Area Ratio of up to 45'/o of the net lot
area lus an additional 5oo for roof
overhangs, patios, porches, and other similar
features not Substantiallv Enclosed, if it
complies with the reauirements of
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Ordinance No. 21-2235

Paragraph B and subtiaragraphs 2 through 16
of this Paragraph; provided, however, that a
development proiect on a lot having
a slope 30'/o or zreater shall not exceed the
floor area allowed under Cha ter 19.40.

However, under no circumstances shall the
size of anv ministeriallv approved unit
exceed 2 000 s uare feet.
d. If proposine a two unit developm_ ent, ___ no
more than 25o/o of the existins= exterior walls
of an existin unit shall be demolished
unless he site has not een occu ied b a
tenant in the last three vears.
e. If no dedication was re uired for creation of
the lot, the moiect shall include a dedication
to accommodate the predominant public
ri ht of wa as determined b the Cit
i Engineer, abuttine the corresponding lot line
and fronta e im rovements includin curb
eutter and sidewalk shall be installed bv the
ffl

2. Second to a. The ratio of the second storv to first storv First Floor floor ar_ea shall not exceed 50'/__oexce_ p_tth_at:

Area Ratio: i. In all Rl zoning districts except the Rl-a district, th___eratio of the sec_ ond sto to first
storv floor area mav be u'o to a maximum of
6_6%,if acombine_ d_ first sto setback of 15
feet with no first sto side setback less
than five feet and a combined second sto
setback of at_least 25 _ feet with no second
stonr side setback less than 15 feet) and a
rear setback of_25 feet is ro_v__,ided
ii. In the Rl-a zonin district:

1. The maximum second storv to first ston
floor area ratio is 40'/o of the existing or
proposed first floor area but no lar5;; er
than 500 sauare feet:

2. A second floor mav be at least 750
square feet in area but shall not in any
case exceed I 100 s uare feet if a_
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combined first sto setback of 20 feet
with no first sto:tv side setback less
than ten feet), a combined second story
setback of 35 feet with no second sto
side setback less than 15 feet) and a rear
setback 40 feet is rovided.
b. Interior areas ( measured from the finished
floor to th_eto'c_of_ __ the roof rafter_ sl _ w_ith
heiehts ereater than 16 feet shall be double
counted as floor area as follows:
i. For one sto homes the floor area shall be
double counted as first floor area.
ii. For two to homes the floor area shall be
counted once each for first and second floor
lea.

3. Setbacks: a. _ M_i_nimum_ first floor front setback is 20 feet, except as othemise reauired in a tract map or
zonin ma exce t that:
i. In the Rl-a zonin district the re uired
minimum front setback is 30 feet.
ii. Gara es with u to two arkin s aces
shall be s_eiback two additional fe_et from
the face of the livine area of the unit, not
includin a front ent feature or orch.
iii. Third car ara e s aces:

1. On lots when the earaee is visible f__rom_
the street: parking shall be provided in
tandem or in a detached accesso
structure at the rear of the ro _

2. On flag lots or on side- oriented garaees
located at the rear of the principal unit:
a third parkim, space mav be onthe
same wall plane as the other two
k_ i_
b. Minimum second floor front setback is 25
feet exce'ot that:
i. In the Rl-a zonin district the re uired
minimum front setback is 30 f et_.
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c, First and Second Floor side and rear vard
setbacks: Minimum side and rear setbacks
shall be four feet rovided however that:
i. No setback shall be reauired for an
existin structure or a structure
constructed in the same location and to
the same dimensions as an existing
structure.
ii. No new or exoa_ nded structures shall
encroach u on an existin ublic or
private u_tlitv e__asements.
iii. No setback shall be reauired froma
shared new lot line between the two
new lots created ursuant to an urban
lot split under Government Code
Section 66411. 7 when more than one
new mimarv dwelline unit is approved
concurrentl with the lot s lit.
d. Corner Trian le: No ortion of a structure
shall be located within a corner triangle,
provided that in no case a side yard setback
of more than four feet would be re uired.
e. Detached rima residential structures:

Detached structures shall have a setback of
five feet as measured between the eaves of
th__etwo structu_ r_es.

4. Maximum a. Principal Dwelline units are limited to 28 feet, no more than two stories except that:
i. In R-I Z nin Districts with " i" suffix
buildines shall be limited to one stom ( not
to exceed 18 feetl.
b. First floor buildine envelope: All the
maximum exterior wall hei ht and buildin
hei ht on sin le-sto structures and sin lestom sections of two-stonr structures must fit into the buildinz envelope defined bv:
i. A 9 foot hieh vertical line from natural
erade measured at the monertv line; and
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ii. A 25 de ree roof line an le ro'ected
inward at the 9 foot hieh line referenced
c, Notwithstaridin the first floor buildin
envelope, a gable end of a roof endosint= an
unfinished attic space may have a maximum
wall heieht of 13 feet to the peak of the roof
as measured from natural erade.
d. Second story building envelope: All the
m_a_ximum exterior wall hei ht and b_uildine
heieht on two- storv sections of two- stom
structures must fit into the buildituz
env_ elope defined by:
la
i, A 15 foot hi h vertical line from natural
erade measured at the propertv line; and
ii. A 25 de ree roof line anr
inward at the 15 foot hi h line referenced
above.

5. Basements: Not allowed.

6. Landscapim= a, Landscanine: Allmoposedlandscanimshall and Privacy meet the requirements of Chapter 14. 15 of the Protection: Munici al Code
i, Front Yard Tree Reauired: A 24-inch box
California native tree that tvoicallv erows
to a ma_ L_ureh_ ei ht of more than 3
re uired for all two sto homes and must
be nlaced_ in_ _ the center _ 50% of the front
d
ii. An existin mature tree in the front ard
that is or can typically grow to a height of
30 feet of more and is located in the center
50% of the front vard can be used as the
front vard tree, subiect to an ISA certified
arborist certifving that the tree is in eood
health.
iii. A cov_en_ant shall be_recorded to identif
the front yard tree as a Protected Tree and
notifying current and future property
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Ordinance No. 21-2235

owners to retain and maintain the tree in
good health.
b. Privac Protection lantin for windows
from second storvwindows shall be required
in th_e__ _ sa_memanner as r_equ_irea__Hr_su_antto
Section ! 9_.2_8.070, except_as provided below:
i. Windows or other openim,s in the wall
with a side vard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be inoperable with a fixed
d
ii. Windows or other openines in the wall
with a rear ard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch, or shall have obscure
lass and be ino erable with a fixed
d
iii. Subsections a and b do not a l to
skvliehts or windows which do not have
views into an ad'acent side or rear ard or
that face a street or anon-residential zoning
district.
iv. Minimum planter width required for
rivac lantin shall be three feet.

Emereencv access paths shall not be
concurrent with areas designated as
nrnt_in__e_ s.

7. Private open Each unit must movide at least 15'/o of the unit s'oace: floor area as_p_rivate open s_p_aceon the firs floor wi h no dimension less than 10 feet.

8. Permitted vard a. Fron_featur_e_s,but n_ot orches ma encroachments encroach into a reauired_ front var_a_s_etback ll__D to three fe_e_t_,
b. May extend into a required yard a distance
not exceedins_ three feet,
c. No architectural fe_ature, _ or combination
th_ereof whether a__portion_ of a rinci al or
accessorv structure, mav_ _ extend c_loser____than
three feet to ro er line.
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Ordinance No. 21-2235

d. Architectural features mav not exceed 50% of
the wall the are on as seen from the interior.

9. Second storv Not allowed.
decks
balconies or
similar
features that
are no
Substantiallv
Enclosed

10. ' a. Ent features:
standards: i. _ A_ maximumof oneentn' j_e_ature per unit is allowed but no more than one entrv
feature er stru ture shall be allowed.
ii. _ T_h_eent_ureshallbeori_ e_ntedtoface
the street and shall include a front entrv
doora__lsoorien teh_e_st_____reet.
iii, Maximum ent feature hei ht is as 14
feet to thetoi__of__the plat_e.
iv. If a dtmlex with attached units is
ro osed a ro osed entr feature ma
incorporatetwoent_ rancedoors for the
two units. One of the entrance doors or a
coz_ m_ o_no_j_n into a shared ent
n_ortal shallbe orien_t_ed t__ofa_cethe street.
v. _ If_a__tmlexesare proposed on corner lots,
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a maior collector,
both the entrances may be located on the
minor collector or nei hborhood street.
b. If a front porch ( not a front entrv feature) is
nr_m_osed, chshall be____p_roportionatelv
greater in width than in height.
i, _ Po_r_ch__elementsshallhavede_ tail_in_ g that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and or uncovered stair access shall
not be allowed to the secon floor.
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Ordinance No. 21-2235

d. New structures shall be designed/ located in
a manner that no more than 10oo of
existine solar panel arrav on an adioinim
nronertv is i:mnac_t__shade/shadow a_s
demonstrated_ b_y a shadow_ stud erforme_d_
bv a licensed eneineer aualified to mepare
such studies.
e. All new structures ro osed in the Rl-e
zonine district shall meet the buildim
design require_ments_inSe_c_t_ion_an_d
shall meet the E__ichle__rdesieel_in__e_s.
f. In the Rl-a zon_imr district,thesecona__ storv
shall not cantilever over a first story wall
y;
e. In addition to standards outlined in
subsections ( 1) - ( 9) above, development on
nrotierties with an average slope greater than
10'/o shall comply with Section 19.40.050(E),
F) a_nd (G) an_dSection 19.40.060( E) ( H) (_?>
aijJL
h. Windows and doors shall either:
i. Have a minimum three-and-one half
inch in width bv three-quarter inch in
depth trim when protruding from the
wallor
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, _ the _' sidin _ material
shall cover the recessed edge faces and
wrap toward the interior face of the
window lazin or door b not less than
two-inch de th.
i. All earaee d_o_ors shall __ bereces__sed a
minimum of six ( 6) inches from the
surro_undinsx buildin wall and shall inclu e
trim of at least__oneanda ha!f_JL5) in__chesin
i. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
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Ordinance No. 21-2235

k. Detached structures on a lot must use the
same architectural stvle and materials.

1. W__he_ re the garage faces the side yard, but is
visible from the street the ara e shall
incorporate a window on the street front
facade so that it aimears to be a habitable
ortion of the house. The window st le must
be the same as the windows on the habitable
dwelline unit(s).
m. Enclosed livin area shall be closer to the
street than earage space. Garasxes shall be set
b_a_ck_as i_d_entified in sub ara rap_h ( 3) above.
n, No more than fiftv percent of the front
elevation of a house shall consist of ara e
i
o, The maximum width of a garaee on the front
elevation shall be 24 feet for a two-car ara e.

D, Garaeedoorsfornomorethantwocarsnaces
shall be visible from the public rieht of wav.
q. Outdoor li htin shall com I with the
reauirements of Chapter 19.102.
r. The elevation facin a street shall
incoroorate at least four architectural
features such as ba windows or an ent
feature and or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combirxation of
roofing elements ( e.g. hip and gable roofs),
dormers chan e in architectural materials
guoins a ce'nt tiles or an accent window
inset ereater than six inches. Windowsills,
door or window trim, and roofine materials
do not count as one of the features.
s. Gable ends and dutch gable ends taller than
thirtv inches shall include at least one
element of architectural interest such as:
s a wall offset with corbels, brackets or
change in materials;
ii louvered wood or metal_vents;
s clay o_r _terracott_ a tilevents;
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Ordinance No. 21-2235

u accent tile decoration;
ii medallion decoration;
a metal rilleo
ii a change in architectural materials;
ffl incorooration of corbels;
ii decorative able edimentsa
ii eyebrow trellises or pergola structurally
atta_c_hedtothe buildin or
s windows/ lazin .
t. Stone veneer or accent materials _ used as a
wainscot on a s_tre___etfacing facade sh_all b_e_
wra e around to the side fa a e and end
at a los=ical terminus, such as a fence line or a
u. Stone__veneer or an other sidin material_
wrapped on columns shall terminate at the
floor.

11. Accessorv a. Allowed pursuant to the reauirements of buildins=s/ Chanter_ IL__,.100 exce t that Accessow
structures: Dwelline units or Tunior Accessorv Dwelline units shall not be ermitted on an lot in the
R-I zonine district if a Jot split has been
approved pursuant to Section 18.12.70 and
unit s have been a roved for c nstruction
pursuant to Section 19.28.150 on each Iot.
b. Limited to one storv ( not to exceed 15 feet)
c. Accessorv Dwellim. Units shall meet
subsections I and 2 above and sh II
additionall be in com liance with the
reeu_lations of Cha ter 19.112.
d. Air conditionim. units and similar
mechanical equipment such as generators,
sum um s heatin and ventilation
eaui'o_ment shall be round-mountedand
screened from public view or unders;rround,
and shall meet accessorv structure setbacks
and adhere to the requirements of Chapter

10.48 of the Munici al Code_

12. Fences Shall __ comol__ with the re uireme___ntsof
Chanter_ l9.48_o_f theMuni_ cinaLC_ode.
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Ordinance No. 21-2235

13. Refuse a. A minimum 8 foot b 3 foot s ace er unit
rec clin and not visible from the street, shall be provided other inaninterior ard behind afence.
containers b. This area shall not be concurrent with anv emereencv access ' oathwav reauired bv the
Fire Depar_ tment.

14. a. Units shall have at least one off-street
parkine space, exce' ot that parkinz
requirements shall not be imposed in either
of the followin instances:
i. The narcelis I_ocated_ within one-h_alf mile
walking distance of either a high- aualitv
transit corridor, as defined in Public
Resou_ r_ces Code Section 21l_55__o de or
of a maior transit stop, as defined in
Pu_ blic Resources Code S_e_ction21064_. 3.
ii. There is a car sha_re vehicle located within
one block of the arcel.
a. Parkina space( s) shall be provided in an
enclosed ara e encom assin 10' b 20'
y_ace for each _ s_p_a_ce_.
b. When additional enclosed parking space( s)
is/are rovided the s ace s shall meet the
reauirements of Chapter 19.124.

15. Driveway and a. A one car drivewav shall be a minimum of 10 curb cuts: feet in width and a maximum of 12 feet in
width.
b. A two car drivewav shall be a maximum of 20
feet in width. An third or more drivewa
s aces shall be in tandem.
c. Subnaraeranhs a and b do not a'o'olv to the
flae lot access area.
d. A maximum 18' foot wide curb cut when a
two car curb cut is permitted, shall be
allowed.
e. A maximum 12' foot wide curb cut when a
one car curb cut is ermitted shall be
allowed.
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Ordinance No. 21-2235

16. Short Term No resi_d_ential u__nit cre_ated__nurs_uan_t tothis Rentals Section ma be rented for a term of 30 da s or
Prohibited:___ less.

F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housirrg development projects are materi.ally en whether I " or initiative or are held to be
unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

G, An dw unit p v t to this Section hall be a eli I for conversion to a condominium, community apartment, or stock cooperative ro,aect. An, a lication for a tentativesubdivision ma or tentative arcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied the ent of Comm '
Develo merit.

11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as follows:

A. Density

1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based
upon slope density standards described therein.

2. Transfer of
density credits
Density credits derived from application of a slope
density formula to a lot or a group of lots may not be
transferred to properF5r outside any approved
subdivision or parcel map boundary.

B. Minimum Lot Axea
1, By zoning
district symbol:

Lot area shall correspond to the number ( multiplied
by one thousand square feet) following the RHS
zoning symbol.

Examples:

RHS-20: Minimum lot size of 20,000 square feet ( 20 *
1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet ( 120
1,000 s.f.)
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Ordinance No. 21-2235

RHS-218: Minimum lot size of 218,000 square feet ( 218
1,000 s.f.)

2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in
accordance with Section 18.52.030 ( Hillside
Subdivisions). The minimum lot area shall be 10,000
square feet for each unit in a clustered subdivision.

3. Subdividable
lots
Lot size zoning designation shall be assigned at time
of subdivision for properties not subdivided
pursuant to Government Code Section 64411.7.

4. Nonsubdividable
legally-created,
developed lots
Shall reflect the existing lot size

5. Lots created a. Each resulting lot shall be at least 40'/o of the size pursuant to of the original lot being split.

Government b,Each resultin lot shall share one common
Code Section drivewav. If an existim. drivewav or curb cut 64411.7 exists, a new driveway or curb cut location shall not be a roved.
c, Up to two new property lines may be added to
c_reate a new lot and must follow_ the co_ntours of
the propertv.
d,If in an area where direct sanitary sewer
connection i unavailable a ercolation test
com leted within the last five ears or if the
percolation test has been recertified, within the
last 10 vears, must be provided.
e, Buildin ads shall be identifie_ 4 on the flattest
ortion of the resul_tin lots closest to an existin
or ro osed new drivewa .

C. Minimum Lot
Width
a. 70 feet at front setback line.
b. No minimum lot width for lots served by private
driveway and which do not adjoin a public street.
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Ordinance No. 21-2235

D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant Iegal
lots, except where ' tyrohibited bv Government Code_
Section 65852.21.

E. Site Grading

1. Maximum
Cumulative total of 2,500 cubic yards, cut plus fill.

Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.

Excludes: basements
b. All cut and fill shall be rounded to contour with
natural contours aitd planted with landscaping
which meets the requirements in Section

19.40.050G
c. For each of the lots developed or created pursuant
Grading to Government Code Section 64411.7 _ a
Quantity cumulative total of 1,250 cubic yards, cut plus fill including_ gra_:fo__rbuild_ip_a____,d yardareas
drivewav, all other areas reauiring gradim., and
basements exce t if the ori inal lot that was
subdivided has alreadv performed mior uadine,
then the amount of eradine that has previous_ lv
ioccurred shall be reduced from the maximum
gradimr auantitv allowed cumulativelv onthe
tw resultin Jots.

2. Graded Area ; 4 Shall be limited to the building pad area to the greatest extei"it possible.
b.For lots dev__d or created ursuant to
Government Code Sections_ 6441l. 7and 3_5852. 21,
graded areas aye limited to within 50 feet of the
buildin ad area.

3. M
Common
Driveways
Grading quantities shall be divided equally among the
participating Jots.

E.g., two lots sharing a driveway shall divide the
driveway grading quantity in half. The divided share
will be charged against the grading quantity allowed
for that lot development.
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4. Flat Yard Area . a. Limited to a maximum of 2,500 square feet, excluding driveways
b.For lots developed or created pursuant to
Government Code Section 64411. 7, limited to a
maximum of 1250 s uare feet er lot excludin
drivewavs, except as limited bv subsection m.

5. Soil Erosion
and Screening
of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading
plans and shall, in consultation with the applicant and the City Engineer, submit a plan to prevent soil
erosion and to screen cut and fill slopes.

F. Landscaping
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the followim. mominent
intersections. For proiects pursuant to
Government C__ode__Section 65852. 21, no more than
10% of the structure shall be visible from the
follo__ w_ine mominent_ intersections:

I Tvyy I)lay+; yrr i. Foothill Boulevard and Cristo Rev Drive 0 & ll L &-l % b
PIAII ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hvannisnort Ave
v, H annis rt Ave and Bubb Road
vi. Rainbow Ave and We moth Drive.

A visual simulation from each of the intersections
above shall be ' provided to indicate compliance.
b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities
Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildlaitd Urban Interface Fire Area
WUIFA) requirements.

At least 50oo of the front ard area shall be

2. Landscape
Requirements
la_nd_sc_ap_ed (i.e.,nothardsca' oed)

3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy unless it is not practicable. If not installed, the applicant shall post a bond, cash or other security to cover the cost
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of installation within an 18 month period from
occupancy.

4. Landscape
Maintenance
All such landscape areas shall be properly maintained
in conformance with the requirements of Chapter

14.15, Landscape Ordinance.

5. Native Trees Should be integrated into the site design to the greatest extent possible.

G. Watercourse Protection

1. Watercourse
and Existing
Riparian
Vegetation
Any watercourse identified in Figure 6-G in the City's
General Plan and its existing riparian vegetation must
be shown on all development plans.

2. Setback
a. Lots < I acre
b. Lots > I acre
The setback shall be measured from the top of bank of
the watercourses or from existing riparian vegetation,
whichever is greater. The setback from riparian
vegetation will be measured from the drip line
perimeter.

All new development, including structures, grading
and clearing, must be set back as follows.
50 feet
100 feet
H. Development Near Prominent Ridgelines

1. New structures
Shall not disrupt a 15% site line from a prominent
ridge as identified in Appendix A. The fifteen percent
site line shall be measured from the top of ridge at the closest point from the structure.

2. Additions to
existing
structures
within the 15'/o
site line of
prominent
ridgeline
MayShall not further encroach into the site line. For
example, the addition may not add height or bulk
wl"fflch may increase the disruption to the fifteen
percent ridgeline site line.

3. Impractible
Clause
If ( 1) and ( 2) above are not practicable, alternatives may be considered through the exception process,
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provided that no discretionary exemption process is
allowed for ro'ects seekin a roval under
Government Code Section 65852.21.

I. Development
on Slopes of >
30o/0
4 Hillside Exception required for all grading,
structures and other development > 500 square feet,
except that on lots develoied or created pursuant
to Government Code Sections 64411.7 and
65852.21 radin buildin ads for structures and
other develo'oment is limited to a maximum of 500
square feet.
b. If the lots develo ed or created ursuant to
Government Code Sections 64411.7 and 65852.21
have no areas with slopes less than 30'/o that can
accommodate up to two units 800 square foot each,
eradins= and buildine pads for structures is limited
to 800 sauare feet. No other development shall be
permitted on such lots ( e.g. development for flat
J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan
a. Site plan must identify trail linkages as shown in
the General Plan Trail Plan, on and adjacent to the
site.
b. If a trail linl<age is identified across a property
being developed, development shall not take place
within that area unless approved througli the
exception process except that on lo_ts___de
or created ursuant to Government Code Sections
64411.7 and 65852.21, no development mav occur
in an area where a trail linkaee is identified on
the property.
c. For lots adjoining Public Open Spaces,
driveways and buildings shall be located as far as
feasible from the Public Open Space and designed
in a manner to minimize impacts on the Public
Open Space.

K. Views and
Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.

However, the Director of Community Development
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may confer with the building permit applicant to
discuss alternate means of preventing privacy
intrusion and nreservine views except that for lots
develo ed or created ursuant to Government
Code Sections 64411.7 and 65852.21, ' privacy
protection p_lantin as reauired ursuant to
Section 19.28.120 is re uired for views from the
second story into adioining side or rear yards.

Windows or other open_in_e_ s_ i_n the w_al!_with a s__ide vard setback less than 15 feet or a_r_edsetback
less than 25 feet shall have a minimum windowsill
heieht of five feet one inch, or shall have obscure
elass and b_e ino erable with _ afixed ane s .

12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows:
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Table 19. 40. 060: Building Development Regulations
A. Floor Area Ratio ( FAR)
a. Exc_ ept as othetwise provided herein, a ministeriallv a'oproved housing development proiect approved pursuant to this Section shall not exceed 800 square feet per unit.

I
b. Notwithstandim, Paragaph ( ai a ministeriallv a'onroved housine development annroved pursuant to this Section mav have a floor area as calculated in subsection c) below,_ if it com lies with the re uirem_ ents of this Sectiorr rovided however that if the h_ousin develo ment is on a arc3_ lcreated b a ministerial lot s lit under Chapter 18. 20. 170, the maximum allowable floor area for the original lot shall be

1. Maximum
Allowable
allocate__ dto each resultin lot e ual o th_ e_nate size of each resultin_ lot to al lot. However under n cir_cumstances_ shall the size of ministeriall. annroved_ unitsexceed200eet.
l)evelopment
4 For projects not subject to ministerial approval under Paragraph ( a) or ( b), maximum allowable development shall be the lesser of:
b i, 6,500 square feet; or
k ii.4,500 square feet plus 59. 59 square feet for every 1,000 square feet over 10, 000 square of net lot area, tiines the slope adjush' nent factor pursuant to Section 19. 40. 060( A)(2)'
Net Lot Area - 10000
Tormula = ( 4,500 + ( 59..5';1)) X ( Slope Adiustment Factor) 1000

2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.

Slope
Reduction ( 1.5 x
Average Slope - 0.1))
a. Average
Slope <_ 10%
No reduction iit anowable floor area
Slope Adjustment Factor = I
10% 0%
b. Average
Slope
between 10%
and 30%
A reduction in allowable floor area by
one and one- half percent ( 1.5%) for each
percent of slope over 10 percent.

Slope Adjustment Factor = ( 1 - ( 1.5 x
Average slope of net lot area - 0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10. 5%
18% 12%
19% 13. 5%
20% 15%
21% 16. 5%
22% 18%
23% 19. 5%
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24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope > 30%
Allowable floor area sban be reduced
by a constant 30 percent
F>lope Adjushne. i'it Factor = ( 1 - 0.3)
30% 30%

3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space
a. Lot Area for calculating FAR
May count a proportionate share of the reserved private open space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-fivepercent floor area ratio, prior to applying the slope adjustment factor, when a portion of the private open space is attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.

B. Height of Buildings and
Structures
Limited to 30 feet
C. Setbacks
First Floor
Second
Floor
Habitable Third Floor ( or
I
portions of structures
taller than 20 feet)

1. Front- yard
a. Slope S 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park offstreet
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet

2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner Lot 15 feet 15 feet 20 feet
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c. Lots develo _ ed pursuant t_o
Government Code Section 4 __feet 4feet 4 feet
65852.21

3. Rear-yard 20 feet 25 feet 25 feet
a. Lots develo'oed pursuant to
Government Code Section 4 feet 4fee_t 4 feet
65852.21
D. Second Story Decks and Patios Minimum Setbacks
First Ploor
Second
Floor
Habitable Third Floor ( or
portions of structures
taller than 20 feet)

1. Front Yard 17 feet 17 feet
2, Side Yard 15 feet 15 feet

3. Rear Yard 20 feet 20 feet
E. Downhill Facing Elevation

1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and
ii. Not less than _ xfive feet offset.
iii. The remaining 25% may not extend past(can___tilev_erov__e_rl the first story wall plane.
b. Multiple Downhill Facing
Wall Planes
Offset shall apply only the primary setback affected.
c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the main structure.
iii. Porch must be at least 5 feet in width and extend the length of the wall on which it is located to be a uali_f_yi__n_aoffsetfea_ fure. 2, Maximum Exposed Wall
Height on Downhill Elevation
15 feet
F. Permitted Yard Encroachments
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1. Extension of a Legal Nonconforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroadnng side of the existing structure may be extended along existing building lines.
b. Only one such extension sliall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer than three feet to a_nyproperff line.
f. Shall not a I to ro erties develo ed or created ursuant to Government Code Section 65852.21 and 64411.7.

2. Architectural Features
a. May extend into a required yard a distance not exceeding three feet.
b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer tlian three feet to any property line.
c. Second sto decks or balconies ma not further encroach into a reauir__ed setba_c__k_than allowed in Subsect_ ion I)_, As allowed by Chapter 19.100, Accessory Buildings/ Structures b. Lots created and developed with unit(s) pursuant to Government Code Sections 64411.7 and 65852.21 may not develop an_
Accessorv Dwelline Unit or Tunior Accessorv Dwelling Unit.

A rrycots-* qv Q*viirhyoc c. Air__cond_i_ti units and similar mecha_nical_equipment such Ji 1 JL & & & LILJkl JkJ I.j & JLk & & 34k %% 11
inrlnrlino *++: qrhpvl n*+in rnvrh'rqS as enerators sum um s heatin and ventilation e ui ment Jklkkl- .L &Ll lJk Lb I-L & & l lkL % aLF & Jk11 % JV Ll / shall be round-mounted and screened from u lic view or
under_mound,_a_nd shall meet accessorv_ structure etbacks and adhere to the reauirements of Chapter 10.48 of the Munici'tial H. Design Standards

1. Building and Roof Forms
a. Natural Contours
Building shall follow as closely as possible the primary natural contour of the lot.
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b. Building Mass and Roof
Pitches
The main buiIding mass shall be on the upslope side of the building and the roof pitches shall trend downslope.
c. Second Story Dormers
Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow pattems which reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes.

2. Colors
a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/ or vegetation colors which complement the natural surroundings. Natural earthtone and vegetation colors include natural hues of brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface

3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19. 102.

All roaects shall strive to attain exce t that ro'ects ursuant to Government Cod__ e_ Section 65852. 21 shall attain the followine standards:
a. No more than 50oo of the fa ade visible from the ri ht of wa shall com rise the ara e.
b. A two car earaee face shall not exceed 24 feet and a one car A narazpc garage face shall not exceed 12 feet.
a --- 5--
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home exce t if onl the ara_ ge_ q_d/orth_ e_._ entranc_ e to the home and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessorv structure.
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All proiects shall strive to attain, except that proiects pursuant to Government Code Section 65852. 21 shall ttain the followin standards:
a. Onlv one ent_rneature shall be nermitte_ dner s_t__ructure and onl Q ny+' rty Tiza+ tv' poc one entrv feature shall be visible from the public street. y " -""-"
b. Duplexes shall have entrances to each unit on different c. Entrv features shall be limited to 14 feet in height from the natural grade to the top of wall plate.

6. Uncovered/ exte_rior stair_ cases Not allowed.

I. Geologic and Soils Reports
A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include at least one of tlie following:
i. The improvements include increasing the occupancy capacity r'J 4-' l'iz_ arayoll;'> rr ctthh ac aiarl: yrr Q 1' lar4Ynt') fll l"lf 4 1, Applicability
U1 Ll IC 11VVC1lp L6 t) Llt_l l at) aLLLL11 L25 a Ij (Al1 IJ(.111 L IJ1 J Acc sso D ellin unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty- five percent of the value of tlie existing improvements as
determined by the $§ based on
current per foot value of the proposed structure to the existing structure' s value on a parcel of properff. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shan be determined by the %
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2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following:
a. AII pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data;
b. The significa_ nce of the interpretations and evaluations with respect to the actual development or implementation of the intended land use through identification of any significant geologic problems, critically expaitsive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on-and off-site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project a_nd adjacent properties or to otherwise insure safe development of the properff;
d. Recommendations for additional investigations that should be made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.

3. Incorporation of
Recommendations
All building and site plans shall incorporate the above- described corrective measures and must be approved by the City Engineer, tmon a third_i_nartv ' teerreview of the re orts rovided__ atthe annlicant' s cost, prior to buildine permit issuance.

J. Private Roads and Driveways

1. PavementWidthandDesign
The pavement width and design for a private road or common driveway serving two to five lots and a single- lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.

2. Reciprocal Ingress/ Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common driveway shall, prior to issuance of building permits, record an appropriate deed restriction guaranteeing the following, to adjoining property owners who utilize the private road or common driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement. 73 CC 09-20-2022
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I
K. Solar Design
I
The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoinii' ig property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19.12, exce t that lots develo ed ursuant to Government Code Section 65852.21 shall not be elieible for such a discretionarv permit.

For lots developed pursuant to Government Code Section 65852.21, unon develonment of the Jot, appropriate public right of way L- Off-street Imorovements
ya _ rdedications shall be made to accommodate the medominant width of the street and street improvements shall be installed to the Public Works De artments standards.

M. Short Term Rentals No residential unit created pursuant to Government Code Section Prohibited. 65852,21 may be rented for a term of _ 30days or les_s.

13. Add a new Section 19.40.090 of the Cupertino Municipal Code to read as follows:

19.40.090 Ministerial Approval of Up to Two Units.

A. Miscellaneous Ministerial Permit Required. The Director of Communi Devel ent shall ministeriall e u to two
residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all app]icable o " e ' stan o ' ective subdivision standards and
obaective desi n review standards.

B. The of Communi Dev t shall all
o oective standards ob'ective on dards and
objective design review standards in the Municipal Code, Genera.l Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the ' ts of Government Code Section 6585 inclu not limited to the standards for
devel ent aects in Section 19.40 050 and 19.40.060.

C.

Devel
Notwithstanding Paragraph A, the Director of Community
entma den ' d ent ' ect under
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Ordinance No. 21-2235

this Section if the Building Official makes a written finding, based upon a preponderance of the evidence,, that the proposed housing develo ment roiect would have a ecifi adverse im a as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficientl recover the cost of administerin the re uirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the ro osed roaect.

E, 0 aective and
Approved Housin54 Development Proiects. In addition to any applicable ezonin standards obaective subdivision standards and
ve design review standards in the Municipal Code, a housing develo ent ' ect ed t to this Section m com I
with all applicable obiective zoning and design standards to the maximumextent ermissible under Government Code Section 65852.21 including but not limited to the standards for ministerial development proiects in Section 19. 40. 050 and 19. 40. 060 and the following:

1. Basements Not allowed.

2. Balconies Not allowed.
decks or other
similar
structures
3, Desi n a. Windows and doors shall either:

Standards i. Have a minimum three-and-one half inch
in width bv three-auarter inch in depth
trim when motrudine from the wall or
ii. Be inset a minimum of three inches from
the ex erior finish of the structure. If
recessed, the mimarv sidim= material
shall cover the recessed edee faces and
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I wra toward the interior face of the
I window elazine or door bv not less than
I two- inch de th.

Ib. All earaee doors shall be recessed a minimum
of '; i_x _ 77(6) inche_ s _ from the surrounding
I uildin wall and shall include trim of at least
I one and a half ( 1.5) inches in depth.

Ic. Roof overhangs or buildim, eaves shal___ lbe_a
I minimum of 12 i_nches in wa___idth.

Id. Detached structures on a lot must use the
I same architectural stvle and materials.
le. Where the ara e faces the side ard but is
I visible from the street, the garage shall
I incor orate a window on the- street front
I facade so that it appears to be a habitable
I portion of the house. The window stvle must
I be the same as the windows on the-habitable
I dwellim unit(s).

If. Garaee doors for no more than two car spaces
I shall- be visible from the ublic ri _ ht of wa .
la. The elevation facing a street shall incomo; ate
l- at least four architectural features such as ba
I windows or an entrv feature, and/or elements
I of architectural interest, such as wall insets or
I offsets Ianters railin s trellises a
I combination of roofing elements ( e.s=. hip and
I xable roofs), dormers, change in architectural

I '-' -
materials uoins accent tiles or an accent
win_do_w_ in_set reater than six inch_ e_s,
Windowsills, door or window trim, and
roof_ in_g_ _mate_ rials do not count as one of th_e
features.
h. Gable ends and dutch gable ends taller than
thirtv inches shall include at least one element
of architectural interest such as:
ffl a wall offset with corbels, brackets or
change in materials;
ffl louvered woo or metal vents"
a cla or terraco ta tile vents'
a ac__c__ent tile decoration;
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ii medallion decoration:
a metal illeo
ffl ________ achange in architectural materials;
s incorooration of corbels;
ffl decorative able ediments'
ii row trellises or pergola structurally
attached to the buildine or
a windows/ elazins=.
i. _ Ston_ e_ _v_eneer or accent materials used as a
wainscot on a street facin fa ade shall be
wrap' oed around to the side facade and end at a
logical terminus, such as a fence Iine or a
4 i, Stone veneer or anv other sidim, material
wrapped on columns shallterminate at the
floor.

4. Private Open Each unit mus_ tprovide_ at__!_e_ast 15% of the unit floorare_ a_as private open space on the first floor,
with no dimension less than 10 feet.

5. Refuse, a. A minimum 8 foot bv 3 foot s'oace per unit, not rec clin and visible from the street shall be rovided in an other containets _ interior vard behind a fence.
b. This area shall not be concurrent with an
emereenc_ v_ a__cces_ a__thwui_ red bv the
Fire Department.

6. Parking a. Unit_ ss_hal_l_haveatleastone___ off-street arkin s ace exce t that arkin re uirements shall
not be imposed in either of the followinx
instances:
i. The parcel is located within one- half mile
walking distance of either a high- quality
transit corridor, as defined in Public
Resources Code Section 21155 b Code or
ofamaior transit stop, as defined in Public
Code Resources Section 21064. 3.
ii. T__h_e_isre a car share vehicle located within
one bl_oc_kof_
b. Parking___ sp_a_l be rovided in an
enclosed ara e encom assin 10' b 20'
s ace for each s ace_.
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c. When additional enclosed parking space( s)
I is/a_rovided_, the space( s) shall meet the
I
req_ements of Chapter 19.124.

F. This Section shall remain in effect until such time as Government Code Section 65852. 21 is re eal3dor su erseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable b a court of com etent ' urisdiction, at which time this Section shall become null and void.

G. Any dwelling unit approved pursuant to this Section shall be le for conversi to a cond commuru a artmen or
e An lication for a tative a ' on
map or tentative parcel map for a residential condominium conversion of a unit created t to this on shall be denied the
Department of Community Development.

14. Add a new Section 19.I'l2.060 of the Cupertino Municipal Code to read as follows:

19.112. 060 Accessory DwelZing Units Prohibited on Certain Lots.

Notwithstanding Government Code Section 65852. 2 or 65852. 22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dw ' unit be ' on an lot in ' e- ' residence
district - 1 or RHS if a lot lit been a roved t to Section

18.12.70 and one or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 ( Government Code Section 65852. 21 .

Section 4. Development standards and other provisions to implement the provisions of Senate Bill 9 allowing for ministerial approval of housing development projects and lot splits in single family residential districts are necessary to protect public health, safety, and welfare of residents of the City of Cupertino. The City Council therefore finds that an interim ordinance adopted pursuant to Government Code Section 65858 is necessary prevent a current and imminent threat to the publig health, safety, and welfare.
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Ordinance No. 21-2235

Section 5. If any portion of this Ordinance or its application is for any reason held to be invaIid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Councilhereby declares thatitwould have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invaIlid, unenforceable or unconstihitional.

Section 6. Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of Senate Bill 9 shall not be considered a project under the California Environmental Quality Act (" CEQA"), Public Resources Code Section 21000 et seq. Public Resources Code. The Ordinance is therefore exempt from CEQA.

Section 7. This ordinance is adopted pursuant to Government Code Section 65858 and shall take effect on January 1, 2022.

Introduced and adopted on this 21"' day of December, 2021, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:

Vote
AYES:

NOES:

ABSENT:

ABST AIN:

Members of the City Council
Paul, Chao, Moore, Willey
Wei
None
None
SIGNED:
7/ 2 €) 12_
6arcy Paul, May€
City of Cuperhno
Date
ATTEST:

I As-- =/ /// /' 11_
Ki"rstenSquarcia, Q't'rClerl< Date
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Ordinaiice No. 21-2235

APPROVBD AS TO FORM:

Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Jan 11, 2022
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Ordinance No. 21-2235
Final Audit Report 2022- 01-11
Created: 2022- 01-11
By: Araceli Alejandre ( aracelia@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAApMbtE4zbUgyn8hid38U2Z5oFeMcnxGeN Ordinance No. 21-2235" History
Document created by Araceli Alejandre ([email protected]) 2022- 01- 11 - 9:34:37 PM GMT- IP address: 73.170. 27.253 Document emailed to Christopher D. Jensen ([email protected]) for signature 2022- 01- 11 - 10:58:49 PM GMT
Email viewed by Christopher D. Jensen ( christopherj@cupertino. org) 2022- 01- 11 - 10:59:55 PM GMT- IP address: 104. 47.45.254 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2022- 01-11 - 11:00:20 PM GMT - Time Source: server- IP address: 136. 24.42.212 Agreement completed.
2022- 01- 11 - 11:00:20 PM GMT
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CITY OF CUPERTINO
Agenda Item
22-11493 Agenda Date: 9/20/2022
Agenda #: 1.

Subject: Consider a proclamation recognizing September 21 as World Alzheimer’s Day Present proclamation recognizing September 21 as World Alzheimer’s Day CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY OF CUPERTINO
Agenda Item
22-11501 Agenda Date: 9/20/2022
Agenda #: 2.

Subject: Consider a proclamation recognizing National Hispanic Heritage Month from September 15, 2022 to October 15, 2022
Present proclamation recognizing National Hispanic Heritage Month from September 15, 2022 to October 15, 2022
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WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

THEREFORE,

CITY OF

CUPERTINO
The City of Cupertino wishes to recognize the generations of Hispanic immigrants who have contributed to our country's economy and supplemented the unique character of our nation; National Hispanic Heritage Month has been recognized by the U.S. since 1968, and Hispanic immigrants continue to grow businesses, innovate, strengthen our economy, and create jobs; Hispanic immigrants have provided Cupertino and the United States with a unique social and cultural influence, fundamentally enriching the extraordinary character of our nation;
We have seen Hispanic immigrants who have been leaders, scientists, and teachers, but have also campaigned to create a fairer and more just society for all Americans;
Despite these countless contributions, the role of Hispanic immigrants in building and enriching our nation has frequently been overlooked and undervalued throughout our history and continuing to the present day;
The Cupertino City Council dedicates the month of September 15 through October 15 to all our Hispanic immigrant families, friends, and neighbors who have helped make Cupertino great, as we are enriched by the diversity of our community.

I, Mayor Darcy Paul, and the Cupertino City Council do hereby Proclaim September 15 through October 15, 2022 as
in the City of Cupertino and encourage the community to celebrate and support the vast contributions that Hispanic immigrants have made to our state and nation.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, September 20, 2022. 85 CC 09-20-2022
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CITY OF CUPERTINO
Agenda Item
22-11409 Agenda Date: 9/20/2022
Agenda #: 3.

Subject: Update on Fiscal Year 2021-22 and FY 2022-23 of City Work Program Item on Homeless Jobs Program
Receive presentation on the FY 2021-22 successful completion and FY 2022-23 continuation of the Homeless Jobs Program City Work Program item
Presenter: Kerri Heusler, Housing Manager
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CITY OF CUPERTINO
Agenda Item
22-11071 Agenda Date: 9/20/2022
Agenda #: 4.

Subject: Brief reports on councilmember activities and brief announcements Receive brief reports on councilmember activities and brief announcements CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY OF CUPERTINO
Agenda Item
22-11082 Agenda Date: 9/20/2022
Agenda #: 5.

Subject: Report on Committee assignments
Report on Committee assignments
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CITY OF CUPERTINO
Agenda Item
22-11083 Agenda Date: 9/20/2022
Agenda #: 6.

Subject: Report on Subcommittee assignments
Report on Subcommittee assignments
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CITY OF CUPERTINO
Agenda Item
22-11093 Agenda Date: 9/20/2022
Agenda #: 7.

Subject: City Manager update
Receive City Manager update on City business
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CITY OF CUPERTINO
Agenda Item
22-11390 Agenda Date: 9/20/2022
Agenda #: 8.

Subject: Department Update - Public Works
Receive update regarding the Public Works Department
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CITY OF CUPERTINO
Agenda Item
22-11413 Agenda Date: 9/20/2022
Agenda #: 9.

Subject: Consider approval of the August 29 City Council minutes Approve the August 29 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Monday, August 29, 2022

SPECIAL MEETING
At 5:00 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. Vice Mayor Chao and Councilmember Kitty Moore attended via teleconference.

POSTPONEMENTS AND ORDERS OF THE DAY – None

ORDINANCES AND ACTION ITEMS

1. Subject: Consider the appointment of two City of Cupertino representatives to the Santa Clara County Unhoused Task Force
Recommended Action: Appoint two City of Cupertino representatives to the Santa Clara County Unhoused Task Force
Mayor Paul opened the public comment period and seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Wei moved and Willey seconded to Appoint Mayor Paul and Councilmember Moore as City of Cupertino representatives to the Santa Clara County Unhoused Task Force. The motion carried unanimously.

2. Subject: Discuss Priority Housing Sites for the 2023-2031 Housing Element update (Continued from August 16, 2022)
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Recommended Action: That the City Council receive the report and presentation, provide input on the proposed housing inventory sites, and consider approval of the sites on the “Recommended Sites Inventory Table” (Attachment D) as the 6th Cycle Housing Element sites inventory
Presenter: Luke Connolly, Senior Planner, Community Development Department Written communications for this item included a staff presentation, Attachment F - Pipeline, Tier 1 and Tier 2 Projects Map printout, and to emails to Council.

Senior Planner Luke Connolly gave a presentation.

Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin opposed a proposed Tier 1 property on the Vallco site and HCD’s (Department of Housing and Community Development) review of San Francisco’s housing policies, and supported neighborhood noticing.

Kalisha Webster, representing Housing Choices, supported reducing reliance on pipeline projects and directing staff to find additional backup sites for projects.

Anusha Manova, representing West Valley Community Services, supported hearing from those experiencing housing insecurity for clarity on housing issues.

Michael Strahs, representing Kimco Realty and Cupertino Village, supported preserving retail as a core use at Cupertino Village and future enhancements for more residential.

Joshua Pringle supported modifications to the affordable housing application screening criteria.

Housing Commissioner Govind Tatachari (representing self) read an email on behalf of Peggy Griffin supporting equitable site distribution, preserving commercial centers, and considering SB 35 eligibility.

Kylie Clark, representing West Valley Community Services, supported extra weight for the testimonies of those who are impacted by the housing crisis.

Mair Dundan supported affordable housing sites and awareness of the needs for people with disabilities and seniors.

Rhoda Fry supported preserving community values including diversity, owneroccupied housing, and retail; and protecting sales and property tax revenues. 94 CC 09-20-2022
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Mayor Paul closed the public comment period.

Councilmembers asked questions and made comments.

Council recessed from 6:51 p.m. to 6:57 p.m.

Senior Planner Luke Connolly continued the presentation.

Councilmembers asked questions and made comments.

Council recessed from 8:27 p.m. to 8:33 p.m.

Senior Planner Luke Connolly continued the presentation.

Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin supported preserving trees and adding setbacks at Vallco and Cupertino Village and more public input.

Guari Chawla supported preemptively reducing pipeline projects and a cohesive housing plan and was concerned about completion by the deadline.

Scott Connelly was concerned about the review process being rushed and supported more public comment opportunities, especially for property owners.

Lisa Warren was concerned about the review process for site selection and supported adjustments.

Mayor Paul closed the public comment period.

Council recessed from 10:07 p.m. to 10:13 p.m.

Senior Planner Luke Connolly continued the presentation.

Mayor Paul opened the public comment period and the following people spoke.

Lisa Warren supported corrections to target density and target heights on the maps, looking at San Jose’s big sites, and studying underutilized sites.

Scott Connelly asked about affordability restrictions on future development potential of 95 CC 09-20-2022
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non-pipeline sites on the recommended sites inventory.

City Manager Pamela Wu provided a summary of staff follow-up based on Council’s input.
- Provide additional information on the Former Outback Steakhouse site and Bubb Road office building site to include in the inventory
- add the acreage to each of the maps to clarify size of sites and correct typo in embedded table to clarify the maximum height by the density, to 45 feet height for projects at 30 dwelling unit per acre
- consolidate Councilmember comments for response and/or clarification and identify potential actionable items
- staff to provide feedback and follow-up on August 30 or consider a continued meeting, as necessary
Council unanimously consented to continue this item for the purposes of continued hearing, consideration, deliberation, and decisions to a Special Meeting on Tuesday, August 30, 2022 beginning at 5:00 p.m.

ADJOURNMENT
At 11:29 p.m., Mayor Paul adjourned the Special City Council Meeting to the Special City Council meeting on Tuesday, August 30, 2022 at 5:00 p.m., 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference.
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11489 Agenda Date: 9/20/2022
Agenda #: 10.

Subject: Consider approval of the August 30 City Council minutes Approve the August 30 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, August 30, 2022
SPECIAL MEETING – CONTINUED FROM AUGUST 29, 2022
At 5:02 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers attended the meeting via teleconference.

ORDINANCES AND ACTION ITEMS - CONTINUED
Council continued the hearing, consideration, deliberation, and decisions on all items listed as Special Meeting Item 2 on the Monday, August 29, 2022 City Council agenda.

2. Subject: Discuss Priority Housing Sites for the 2023-2031 Housing Element update (Continued from August 16, 2022)
Recommended Action: That the City Council receive the report and presentation, provide input on the proposed housing inventory sites, and consider approval of the sites on the “Recommended Sites Inventory Table” (Attachment D) as the 6th Cycle Housing Element sites inventory
Presenter: Luke Connolly, Senior Planner, Community Development Department Written communications for this item included an updated staff presentation, Council Comments from August 29, and emails to Council.

Mayor Paul provided a recap of what was discussed at the August 29 meeting.

City Manager Pamela Wu provided a summary of staff follow-up from the August 29 hearing.
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Council recessed from 5:37 p.m. to 5:40 p.m.

Councilmembers asked questions and made comments.

Senior Planner Luke Connolly gave an updated presentation.

Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin supported additional hearing dates, continued public outreach, preserving historic properties, and using the Outback site for supportive housing.

Lisa Warren was concerned about comments on the EIR (Environmental Impact Report) and definitions for pipeline projects, and supported the Cleo Ave site.

Housing Commissioner Tessa Parish (representing self) supported 20 units for the Linda Vista property with incentives to add more units.

Vijay Kasi supported building a single-family home on his property which is zoned ML and does not qualify because of size limits.

Jean Bedord supported owner incentives to achieve higher density and nurturing manufacturing in light industrial zones and was concerned about traffic.

Barris Evulich supported 20 dwelling units per acre on his Linda Vista property.

Gauri Chawla supported continued consideration of pipeline projects, housing for teachers, and sites with walkability.

Scott Connelly was concerned about the Linda Vista property distance from Bubb Road and supported a blended density of 20 and 30 units an acre.

Mayor Paul closed the public comment period.

Councilmembers asked questions and made comments.

Council recessed from 7:04 p.m. to 7:10 p.m.

Senior Planner Luke Connolly continued the presentation.

Councilmembers asked questions and made comments.
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Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin supported looking into the use of the railroad tracks in the Bubb Road Area and potentially closing a section.

Lisa Warren supported confirming owner interest and additional hearings before deciding and opposed eliminating areas without further review.

Mayor Paul closed the public comment period.

Mayor Paul reopened the public comment period and the following people spoke.

Vijay Kasi asked about the process to submit a request to develop his property if it does not fit within the zoning guidelines.

Mayor Paul closed the public comment period.

Senior Planner Luke Connolly continued the presentation.

Councilmembers asked questions and made comments.

Mayor Paul opened the public comment period and the following people spoke.

Lisa Warren supported considering housing in areas that were not selected by staff or consultants and supported the Outback Steakhouse site as a Tier 1 site.

Jennifer Griffin supported the Outback site as a good location for supportive housing instead of the Vallco property.

Mayor Paul closed the public comment period.

Mayor Paul reopened the public comment period and the following people spoke.

Scott Connelly supported the Outback Steakhouse site as a Tier 1 site for affordable housing.

Mayor Paul closed the public comment period.

Council recessed from 8:58 p.m. to 9:25 p.m.

Community Development Director Ben Fu and Planning Manager Piu Ghosh reviewed 100
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the consolidated Council comments from the August 29 and August 30 meetings.

Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin was concerned about quality of life and loss of local control.

Lisa Warren supported an in-person meeting format and additional hearings.

Mayor Paul closed the public comment period.

Moore moved and Wei seconded to approve the housing inventory site list as modified with Council’s input:

Map A - North Vallco Park
 No changes
Map B - Vallco Shopping District/Simeon Property only
 No changes
Map C - North Blaney/Mini-storage and adjacent single-family residence  Remove single-family lot due to negative owner response (Wei; Chao; Paul; Willey; Moore).
 Set densities ranging from 30 du/ac to 40 du/ac up against the sound wall for 1.76 acre site (average 35 du/ac) (Moore; Paul; Willey; Chao; Wei) Map D - South Blaney
 Increase density for site 11a (Tintin Market and adjacent strip mall) from 20 du/ac to 30 du/ac (Paul; Chao; Moore; Wei).
 Increase 11b (Former Taco Bell and adjacent residential lots) from 30 du/ac to 50 du/ac (Chao; Moore; Wei; Paul). (+29 units; Total 66 units) Map E- HOC East
 Remove sites 18a (United Furniture) from inventory (Chao; Moore; Willey)  Remove site 18b (gas station) (Wei; Chao; Moore)
 Move office sites 18c (HSBC Bank and others) and 18d (Keller Williams) from Tier 2 to Tier 1 due to owner interest (Chao; Moore; Paul; Wei).  Reduce density for sites 18c and 18d from 50 du/ac to 35 du/ac (Willey; Paul; Wei; Chao)
Map F- HOC Central
 Site 16b (Coconut Café) Change density to 30 du/ac and move to Tier 1 (Moore; Paul; Wei; Willey)
 Site 16c (Sun Design) owner interest. Change density to 30 du/ac and move to Tier 1 (Moore; Paul; Wei; Willey; Chao)
Map G-HOC Crossroads
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 Move site 15a (Lei Garden Restaurant), site 15b (Mr. Sun Tea) from Tier 2 to Tier 1 at 30 du/ac (Moore; Paul; Chao; Willey)
 Retain site 15c (Fontana’s) as a Tier 2 site (Chao; Willey; Wei; Paul; Moore)  Remove site 15d (Sprouts to Party City/Pizza Hut), site 15e (Staples), site 15f (Dish’n’Dash), and site 15g (Staples parking lot) from the Tier 2 inventory to preserve retail (Chao; Moore; Paul; Willey).

Map H-Homestead Road
 Move site 20b (Homestead Bowl and adjacent strip malls) from Tier 1 to Tier 2 (Chao; Moore; Wei; Willey; Paul).

Map I-HOC West
 Increase density for site 14a (Mary Avenue R-O-W) from 30 du/ac to 50 du/ac (Chao; Moore; Wei; Willey; Paul).

Map J – S. De Anza
 Move site 23c from Tier 2 to Tier 1 (Paul; Chao; Moore; Willey; Wei)  No further discussion on all the Tier 1 sites on S. De Anza (Paul; Wei; Willey; Moore)
Map K - Jollyman
 No changes
Map L – Monta Vista South Neighborhood
 No changes
Map M - Monta Vista North Neighborhood
 7a – reduce minimum density to 20 du/acre (Willey; Wei; Chao) Map N – Bubb Rd. Special Area
 Add all east side sites in the Bubb Road area except CalTrans and two Durect sites to Tier 2 at 30 du/ac (Wei; Moore; Chao; Paul; Willey) Map O – Homestead Rd. Special Area
 No changes
Map P – Creston-Pharlap Neighborhood
 Keep all Tier 1 sites (Willey; Wei; Moore; Paul)
North De Anza
 Include Former Outback Steakhouse site in inventory as Tier 2 site (Moore, Paul, Chao, Wei) –
Monta Vista Village
 Add 21801 Stevens Creek Blvd as a Tier 2 site.

The motion carried unanimously.

ADJOURNMENT
At 12:22 a.m., on Wednesday, August 31, Mayor Paul adjourned the Special City Council Meeting.
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_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11488 Agenda Date: 9/20/2022
Agenda #: 11.

Subject: Consider approval of the September 6 Special Meeting (Closed Session) City Council minutes
Approve the September 6 Special Meeting (Closed Session) City Council minutes CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, September 6, 2022

SPECIAL MEETING
At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None.

In open session before Council convened in closed session, the Mayor called for any members of the public who were present to provide comment regarding any item on the agenda. The following members of the public requested to speak. Mayor Paul then closed the session.

Written communications for this item included the following emails to Council. - Jean Bedord opposed buying the property as an affordable housing site. - Lisa Warren supported the purchase of the property on Steven Creek Blvd. - Peggy Griffin supported the purchase of the property at 21801 Stevens Creek Blvd.

CLOSED SESSION

1. Subject: Conference with real property negotiators pursuant to Government Code section 54956.8
Property: 21801 Stevens Creek Boulevard, Cupertino
Agency Negotiators: Matt Morley and Christopher D. Jensen Negotiating Parties: ETNB Holding Co. LLC
Under Negotiation: Price and terms of payment
Council conducted the conference with real property negotiators pursuant to Government Code section 54956.8.
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There was no reportable action.

ADJOURNMENT
At 6:20 p.m., Mayor Paul adjourned the Special City Council Meeting. _________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-10499 Agenda Date: 9/20/2022
Agenda #: 12.

Subject: Consider approval of the September 6 Regular Meeting City Council minutes Approve the September 6 Regular Meeting City Council minutes CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, September 6, 2022

REGULAR MEETING
At 6:45 p.m., Mayor Paul 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 Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Councilmembers Jon Robert Willey and Hung Wei attended the meeting via teleconference.

CEREMONIAL MATTERS AND PRESENTATIONS

1. Subject: Consider proclamation recognizing September as National Preparedness Month
Recommended Action: Present proclamation recognizing September as National Preparedness Month
Emergency Manager Tom Chin received the proclamation.

Mayor Paul presented the proclamation recognizing September as National Preparedness Month.

2. Subject: Consider proclamation recognizing September as National Suicide Prevention Month
Recommended Action: Present proclamation recognizing September as National Suicide Prevention Month
Acting Director of Parks and Recreation Rachelle Sander received the proclamation.

Mayor Paul presented the proclamation recognizing September as National Suicide 108
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Prevention Month.

POSTPONEMENTS AND ORDERS OF THE DAY – None

ORAL COMMUNICATIONS
Planning Commissioner Muni Madhdhipatla (representing self) supported City issuance of a proclamation recognizing October as Hindu Heritage Month.

Jennifer Griffin opposed proposed bills AB 2011 to allow housing in commercial areas and AB 2097 to regulate parking minimums and supported local control of construction and housing.

Peggy Griffin supported starting from the west side of town and moving to the east side of town at the next Housing Element meeting regarding site selection.

Lauren Kim, Niranjana Sankar, and Madeleine Ischo representing WAI, Wildfire Awareness Initiative, advocated for informing the community on how to prepare for and prevent wildfires and noted upcoming events. (Submitted written comments).

Lisa Warren supported Council’s overall action at the August 30 Special Meeting regarding the Housing Element.

Rhoda Fry provided the history on the establishment of Blackberry Farm and Blackberry Farm Golf Course and supported tracking City expenses through an enterprise fund.

Don Halsey, representing Friends of Blackberry Golf, supported keeping Blackberry Farm Golf Course open verses converting to a natural habitat, and ways to increase course revenues. (Submitted written comments).

Judy Lomas ceded their time to Don Halsey.

Mehul Dholakia ceded their time to Don Halsey.

Brook Ezzat ceded their time to Don Halsey.

Thomas Hsu was concerned about a City notice that he received reporting an obstruction violation due to a tree blocking a street pole on his property.

REPORTS BY COUNCIL AND STAFF

3. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief 109
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announcements
Council received brief reports on councilmember activities and brief announcements.

4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.

5. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments.

6. Subject: City Manager update
Recommended Action: Receive City Manager update on City business Council received the City Manager update on City business.

7. Subject: Department Update - Parks and Recreation
Recommended Action: Receive update regarding the Parks and Recreation Department Acting Parks and Recreation Director Rachelle Sander gave a presentation.

Council received the update regarding the Parks and Recreation Department.

CONSENT CALENDAR (Items 8-15)
Moore moved and Willey seconded to approve the items on the Consent Calendar except for Items 11, 14, and 15 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey.

Noes: None. Abstain: None. Absent: None.

8. Subject: Consider approval of the August 16 City Council minutes Recommended Action: Approve the August 16 City Council minutes

9. Subject: Consider approval of the August 25 City Council minutes Recommended Action: Approve the August 25 City Council minutes

10. Subject: Consider adopting a resolution authorizing continued remote teleconference 110
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meetings of the legislative bodies of the City of Cupertino for the period September 6, 2022 through October 6, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 22-109 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period September 6, 2022 through October 6, 2022 pursuant to the Brown Act, as amended by AB 361

11. Subject: Consider accepting Accounts Payable for the periods ending July 11, 2022; July 18, 2022; July 25, 2022; and August 1, 2022
Recommended Action: A. Adopt Resolution No. 22-110 accepting Accounts Payable for the period ending July 11, 2022;
B. Adopt Resolution No. 22-111 accepting Accounts Payable for the period ending July 18, 2022;
C. Adopt Resolution No. 22-112 accepting Accounts Payable for the period ending July 25, 2022;
D. Adopt Resolution No. 22-113 accepting Accounts Payable for the period ending August 1, 2022; and
E. Adopt Resolution No. 22-114 accepting Accounts Payable for the period ending August 1, 2022 PERS
Mayor Paul opened the public comment period and the following people spoke.

Peggy Griffin supported the new process for presenting Accounts Payable items for approval.

Mayor Paul closed the public comment period.

Moore moved and Wei seconded to:

A. Adopt Resolution No. 22-110 accepting Accounts Payable for the period ending July 11, 2022;
B. Adopt Resolution No. 22-111 accepting Accounts Payable for the period ending July 18, 2022;
C. Adopt Resolution No. 22-112 accepting Accounts Payable for the period ending July 25, 2022;
D. Adopt Resolution No. 22-113 accepting Accounts Payable for the period ending August 1, 2022; and
E. Adopt Resolution No. 22-114 accepting Accounts Payable for the period ending August 1, 2022 PERS
The motion carried unanimously.

12. Subject: Consider the Monthly Treasurer's Report for July 2022 111
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Recommended Action: Accept the Monthly Treasurer's Report for July 2022

13. Subject: Consider the Monthly Treasurer's Investment Report for July 2022 Recommended Action: Accept the Monthly Treasurer's Investment Report for July 2022

14. Subject: Consider accepting $1,000,000 in grant funding from the State of California for construction of the Jollyman All-Inclusive Playground project Recommended Action: Adopt Resolution No. 22-115 accepting $1,000,000 in grant funding from the State of California for construction of the Jollyman All-Inclusive Playground project and authorize the City Manager to execute all documentation necessary to accept the grant funding
Mayor Paul opened the public comment period and the following people spoke.

Peggy Griffin asked about the project timeline and grant time constraints and impacts to the City Work Program.

Mayor Paul closed the public comment period.

Public Works Director Matt Morley answered questions.

Councilmembers asked questions and made comments.

Willey moved and Chao seconded to adopt Resolution No. 22-115 accepting $1,000,000 in grant funding from the State of California for construction of the Jollyman AllInclusive Playground project and authorize the City Manager to execute all documentation necessary to accept the grant funding. The motion carried unanimously.

15. Subject: Consider accepting $5,000,000 in grant funding from the State of California for renovation of the McClellan Road Bridge over Stevens Creek Recommended Action: Adopt Resolution No. 22-116 accepting $5,000,000 in grant funding from the State of California for renovation of the McClellan Road Bridge over Stevens Creek and authorize the City Manager to execute all documentation necessary to accept the grant funding
Mayor Paul opened the public comment period and the following people spoke.

Peggy Griffin asked about time constraints on the grant.

Mayor Paul closed the public comment period.
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Public Works Director Matt Morley answered questions.

Councilmembers asked questions and made comments.

Moore moved and Willey seconded to adopt Resolution No. 22-116 accepting $5,000,000 in grant funding from the State of California for renovation of the McClellan Road Bridge over Stevens Creek and authorize the City Manager to execute all documentation necessary to accept the grant funding. The motion carried unanimously.

SECOND READING OF ORDINANCES

16. Subject: Consider conducting the second reading of an Ordinance related to regulation of single-use plastic foodware and single-use carryout bags Recommended Action: Conduct the second reading and enact Ordinance No. 22-2239:
“An Ordinance of the City Council of the City of Cupertino amending City Code to change the name of Chapter 9.15, adopt new sections 9.15.090 and 9.15.125, and amend sections 9.15.100, 9.15.110, 9.15.120, 9.15.130, 9.17.130 and 9.17.140 to regulate the use of single-use food service ware by food providers and regulate the sale of single-use food service ware and expanded polystyrene foam coolers, and regulate single-use carryout bags” (Attachment A,) which includes a finding that adoption of the Ordinance is exempt from the California Environmental Quality Act
Presenter: Ursula Syrova, Environmental Programs Manager Written Communications for this item included an email to Council.

City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2239: “An Ordinance of the City Council of the City of Cupertino amending City Code to change the name of Chapter 9.15, adopt new sections 9.15.090 and 9.15.125, and amend sections 9.15.100,

9.15.110, 9.15.120, 9.15.130, 9.17.130 and 9.17.140 to regulate the use of single-use food service ware by food providers and regulate the sale of single-use food service ware and expanded polystyrene foam coolers, and regulate single-use carryout bags” (Attachment A,) which includes a finding that adoption of the Ordinance is exempt from the California Environmental Quality Act
Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Chao moved and Willey seconded to:

1. Read Ordinance No. 22-2239 by title only, and that the City Clerk’s reading 113
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City Council Minutes September 6, 2022

constitutes the second reading thereof; and

2. Enact Ordinance No. 22-2239.

Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None.

Council recessed from 8:59 p.m. - 9:05 p.m.

PUBLIC HEARINGS - None

ORDINANCES AND ACTION ITEMS

17. Subject: Appointment of Council subcommittee to identify opportunities for housing development in the Bubb Road Special Area
Recommended Action: Consider the appointment of two Councilmembers to serve on an ad hoc subcommittee to identify opportunities for housing development in the Bubb Road Special Area
Mayor Paul opened the public comment period and the following people spoke.

Peggy Griffin supported including Planning and Housing Commissioners on the subcommittee.

Mayor Paul closed the public comment period.

Councilmembers asked questions and made comments.

Chao moved and Moore seconded to appoint Mayor Paul and Councilmember Willey to serve on an ad hoc subcommittee to identify opportunities for housing development in the Bubb Road Special Area. The motion carried unanimously.

18. Subject: Consider approving the FY 2022-23 Internal Audit Program (Continued on July 19, 2022)
Recommended Action: Approve the FY 2022-23 Internal Audit Program Presenter: Thomas Leung, Senior Management Analyst
Written Communications for this item included a consultant presentation.

Director of Administrative Services Kristina Alfaro provided an overview of the program.

Moss Adams Consultant Colleen Rozillis gave a presentation.

Mayor Paul opened the public comment period and the following people spoke. 114
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Peggy Griffin supported establishing an anonymous hotline and separate enterprise fund accounting for the Blackberry Farm and Rancho Rinconada pools.

Mayor Paul closed the public comment period.

Councilmembers asked questions and made comments.

Moore moved to call the question. The motion carried unanimously.

Willey moved and Chao seconded to approve the FY 2022-23 Internal Audit Program.

The motion carried unanimously.

ORAL COMMUNICATIONS - CONTINUED (As necessary) – None
In open session, Mayor Paul reported out from the Special Closed Session Meeting held at 5:30 p.m.

Written Communications for this item included emails to Council.

1. Subject: Conference with real property negotiators pursuant to Government Code section 54956.8
Property: 21801 Stevens Creek Boulevard, Cupertino
Agency Negotiators: Matt Morley and Christopher D.

Jensen Negotiating Parties: ETNB Holding Co. LLC
Under Negotiation: Price and terms of payment
Council conducted the conference with real property negotiators pursuant to Government Code section 54956.8. There was no reportable action.

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers made comments and discussed future agenda items.

ADJOURNMENT
At 11:03 p.m., Mayor Paul adjourned the Regular City Council Meeting. _________________________
Kirsten Squarcia City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11500 Agenda Date: 9/20/2022
Agenda #: 13.

Subject: Consider approval of the September 12 City Council minutes Approve the September 12 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Monday, September 12, 2022

SPECIAL MEETING
At 7:30 a.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None.

In open session before Council convened in closed session, the Mayor called for any members of the public who were present to provide comment regarding any item on the agenda. No members of the public requested to speak. Mayor Paul then closed the session.

CLOSED SESSION

1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager
Council conducted the Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager
No reportable action was taken.

OPEN SESSION

REPORT REGARDING CLOSED SESSION
Mayor Paul conducted the open session report regarding closed session.

ADJOURNMENT
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At 9:01 a.m., Mayor Paul adjourned the Special City Council Meeting. _______________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11280 Agenda Date: 9/20/2022
Agenda #: 14.

Subject: Consider accepting State grant funding for the Via On-Demand Shuttle Pilot Program and extending the contract with Nomad Transit, LLP to operate Via Shuttle Pilot Program

1. Accept grant funding for the Via Shuttle Pilot Program from the California State Transportation Agency’s (CalSTA) Transit & Intercity Rail Capital Program (TIRCP) grant in the amount of $8,465,000

2. Authorize the City Manager to execute an amendment to the Professional/ Consulting Services Agreement with Nomad Transit, LLC for the Via On-Demand Shuttle Pilot Program (Attachment A), increasing the previous not to exceed amount by $200,000 and extending the term to June 30, 2023

3. Adopt Resolution No. 22-117 (Attachment B) to approve a budget modification (number 2223-231) increasing appropriations in the General Fund, Traffic Engineering Program (100-88-844) by $200,000, for a revised not-to-exceed amount of $1,950,000 for the Via Shuttle Pilot Program

4. Find that the use of formal competitive bidding procedures is not practicable for the Cupertino-Santa Clara TIRCP shuttle program and direct the City Manager to dispense with City bidding requirements pursuant to the Cupertino Municipal Code § 3.22.060
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Consider accepting State grant funding for the Via On-Demand Shuttle Pilot Program and extending the contract with Nomad Transit, LLP to operate Via Shuttle Pilot Program.

Recommended Action

1. Accept grant funding for the Via Shuttle Pilot Program from the California State Transportation Agency’s (CalSTA) Transit & Intercity Rail Capital Program (TIRCP) grant in the amount of $8,465,000.

2. Authorize the City Manager to execute an amendment to the Professional/ Consulting Services Agreement with Nomad Transit, LLC for the Via OnDemand Shuttle Pilot Program (Attachment A), increasing the previous not to exceed amount by $200,000 and extending the term to June 30, 2023.

3. Adopt Resolution No. 22-XXX (Attachment B) to approve a budget modification (number 2223-231) increasing appropriations in the General Fund, Traffic Engineering Program (100-88-844) by $200,000, for a revised not-to-exceed amount of $1,950,000 for the Via Shuttle Pilot Program.

4. Find that the use of formal competitive bidding procedures is not practicable for the Cupertino-Santa Clara TIRCP shuttle program and direct the City Manager to dispense with City bidding requirements pursuant to the Cupertino Municipal Code § 3.22.060.

Background
The Via-Cupertino Community Shuttle program launched as a pilot program on October 29, 2019, with the goal of attracting motorists to a sustainable and affordable transportation option. This program has been and continues to be a City Work Program item. Since the launch of the program, 25,836 total trips have been made over 17 months of operation, with an average ride approval rating of 4.9 stars (out of five,) and an average wait time of ten minutes. Despite a 13-month long pause due to COVID-19 and resulting delays in local employer return-to-work plans, ridership has grown steadily 120
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since the October 2021 re-launch. In August, the service reached the highest ridership level since resuming service with 2,012 rides.

Detailed ridership data and charts are included as Attachment C.

Via-Cupertino Chronological Timeline:

June 2019 - $1.75M approved by Council to fund Via-Cupertino program August 2019 - Agreement with Nomad Transit (Via) approved by Council October 2019 - Via-Cupertino service began at the end of the month February 2020 – Record ridership registered, nearly 4,000 monthly trips March 2020 - COVID shelter-in-place orders issued by Santa Clara County August 2020 - Suspension Order approved temporarily pausing Via service July 2021 - Contract Amendment approved extending contract October 2021 - Via-Cupertino re-launched with enhanced health measures The Via-Cupertino Pilot Program was initially envisioned as an 18-month pilot program.

However, the service launched and operated for only four months before the COVID-19 pandemic led the program to an abrupt drop in ridership. Once it was clear the pandemic was going to continue, the service was paused for a period of 13 months resuming in October 2021. By the contract expiration in October 2022, the service will have operated for 17 total months, with two launch periods as a result of the pandemic.

Since the relaunch on October 19, 2021, ridership has grown steadily and is currently at its highest point since the pandemic began, with 2,012 rides in August. Sunnyvale Caltrain and local schools remain the most popular destinations, with ridership to local businesses and health clinics increasing. Since relaunch, ridership has grown steadily every month with the exception of July 2022, which experienced a small dip in ridership.

This dip was anticipated and is experienced in all of Via cities because of school and summer vacation schedules. In Cupertino, the dip was less pronounced due to a summer sale, which temporarily lowered the fare to $2 for all riders. As employers continue to bring more employees into the workplace this fall, Via anticipates ridership to grow steadily in the fall and winter.

Cost To Operate Via-Cupertino
A month-by-month summary of the cost to operate Via has been included as Attachment D. During the pilot program the most efficient month to operate Via was in February 2020, when ridership was at its peak pre-COVID-19. In that month, $7,765.48 was collected in fare revenues and the program counted 3,951 rides, resulting in an average per trip subsidy of $16.04. For comparison purposes, the Los Angeles Metro Mobility on Demand program (operated by Via) had an average subsidy per ride of $18.81. During February 2020 the utilization rate, which measures the average number of rides per driver hour, reached an average of 2.5, with some days reaching as high as 3.4. The cost to operate Via has decreased continually since the relaunch because as ridership builds, the efficiency and overall cost decreases as operating costs are shared across multiple passengers.
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Budget Update
The Via-Cupertino On-Demand Community Shuttle program is currently on budget, with allocated funding anticipated to last beyond the end of the contract on October 31.

It is estimated that an additional $200,000 will be necessary to continue Via operations from October to April 2023. The proposed contract extension to June 2023 includes additional months as a precautionary measure. It is anticipated that a new agreement with Nomad Transit, LLC (Via) for the five-year TIRCP program will be executed before April 2023.

Survey Data
Several surveys were conducted at various points during the pilot program and consistently showed strong community support for Via-Cupertino, as well as appeal across a wide range of users.

A 2021 survey of 150 individuals highlighted various reasons for using the service:
- Work commuting 28%
- Daily errands 28%
- Healthcare appointments 20%
- Travel to/from school 20%
The survey also showed 68% of respondents were 'somewhat disappointed' or 'very disappointed' when Via Cupertino suspended services due to COVID-19 and 53% reported the use of a personal car for transportation when Via service was paused.

The service has succeeded in connecting Cupertino residents to transit options, in particular the Sunnyvale Caltrain station, where 13% of all rides have either originated or ended. Of the 70 individuals responding to the 2022 rider survey, 33% identified “connecting to other forms of public transit” as their most frequent use of Via Cupertino.

Together, these data points indicate that the pilot program has been successful in reducing Vehicle Miles Traveled (VMT) and greenhouse gas (GHG) emissions, while increasing the use of other public transit options.

Discussion
In March 2022, the City successfully applied for a CalSTA grant in partnership with the City of Santa Clara for a significant expansion of the Via-Cupertino service. CalSTA awarded Cupertino $8,465,000 to continue Via services for a period of five years beginning in April 2023, along with the following improvements:
 Phased electrification of the fleet
 Phased expansion of service into the City of Santa Clara (Attachment E)  Addition of El Camino Hospital and Mountain View Caltrain as new destinations
Execution of a Master Agreement with Caltrans is a requirement of the TIRCP program because it enables CalSTA to transfer funds to the City for any grant-funded projects. 122
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This agreement will be in effect for a period of 10 years and will be a part of a future Council action.

Via Contract Amendment
The contract amendment with Via proposes to extend the expiration date between the City of Cupertino and Nomad Transit, LLC (Via) from its current expiration of October 31 to June 2, 2023. This extension will ensure there is no service disruption before the TIRCP-supported service begins by April 2023. It also provides two extra months in the contract to cover any unforeseen delays related to grant administration or adoption of a replacement contract with Via.

Leading up to the expanded program launch in April 2023, Cupertino staff and City of Santa Clara staff will bring the following to each City Council for consideration:
 Funding agreement between the City of Santa Clara and Cupertino for grant administration.
 A new agreement with Nomad Transit, LLC (Via) to replace the current agreement for the 5-year TIRCP service (Cupertino only.)  A funding request to budget for the 5-year program, of which 50% is estimated to be offset by TIRCP funds (Cupertino and City of Santa Clara.) Sole-Source with Nomad Transit, LLC (Via)
Although staff had initially considered a competitive selection process as a next step at the end of the pilot program, several factors have led to a change in this approach. First, the City’s TIRCP application was written with Via as a named partner and was approved by CalSTA as an expansion of the existing Via program. Via’s technical assistance in modelling the service was an important element of the grant application and greatly contributed to the strength of the application. Second, an area where Cupertino’s application scored highly was in project readiness. The State and Caltrans, who are administering the grant, were eager to quickly dispense funds to projects to address the climate crisis. Should the City select a different vendor through a procurement process, the project would become a new project and the City’s TIRCP application would need to be amended. This would delay the implementation of the extended program and could result in the grant funding being rescinded. Finally, selecting a different vendor would require significant additional planning and outreach costs, as the City has already invested heavily to bring public awareness to its Via branded service.

Importantly, Via has met or exceeded expectations during the entirety of the pilot program. When operational issues have arisen during the pilot Via has responded quickly and professionally. Additionally, surveys conducted throughout the pilot have shown a high level of community satisfaction in the drivers and the program overall.

Staff has met informally with other micro transit vendors over the course of the pilot program. Few alternative vendors exist that provide driver training, vehicles, technology, and vehicle maintenance in one seamless program. For these reasons staff recommends that Council authorize the City Manager to dispense with City bidding 123
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requirements pursuant to the Cupertino Municipal Code § 3.22.060 for the TIRCP expansion of Via-Cupertino.

Potential Future Expansion with the Cities of San José and Sunnyvale The City of San José City Council recently adopted a Transportation Plan that includes a micro transit strategy and gives San José Transportation staff direction to pursue a program. The TIRCP program will re-open in fall 2022, and CalSTA has expressed strong interest in seeing surrounding communities join Cupertino as part of this program. If awarded, a portion of west San José would be added to the service zone and phased in. The TIRCP will re-open in fall 2022 and announcements will be made later in the year.

The City of Sunnyvale will be launching a small micro transit program in Peery Park in collaboration with the Santa Clara Valley Transportation Authority (VTA.) While currently not participating in the Via-Cupertino expansion, Sunnyvale staff indicated that this may be an option in the future.

Sustainability Impact
The electrification and expansion of the Via-Cupertino on-demand ride sharing program will significantly reduce the amount of VMT generated by the program. It will amplify the GHG reductions already achieved by the program and will continue to reduce local roadway congestion as the service scales up and reaches more destinations. The expanded service will add two new Caltrain stations, one of which offers convenient Baby Bullet service to San Francisco and has been frequently requested by riders in surveys. The new fleet vehicles have yet to be identified, but they will be electric vehicles and the transition will begin by April 2023.

Fiscal Impact
Via-Cupertino was approved as part of the Fiscal Year (FY) 2019-20 Budget at a cost of $1.75 million for the entirety of the pilot program (Traffic Engineering budget unit,) special project account 100-88-844 750-061. Due to COVID-19 and a 13-month pause in service, including ridership impacts experienced because of COVID-19, the project funding has outlasted the initial allocation. It is anticipated that extending the service agreement from the current expiration of October to June 2023 will require $200,000 in additional funds, increasing the not-to-exceed amount of the agreement to $1,950,000. As noted above, a Resolution for the budget allocation has been included as Attachment B.

Staff will return to Council at a future date to make a funding request for the TIRCP program. The TIRCP grant is paid in monthly reimbursements, and as a result, the funding request will be made for the full project total, of which 50% will be reimbursed by CalSTA during the five-year project period. The $16,931,283 application included the cost to operate in the City of Santa Clara, which will be paid for by the City of Santa Clara. The cost to operate in Cupertino is $8,465,642 over five years, or approximately $1,693,128 per year, of which 50% will be covered by the TIRCP grant. City staff will continue to look for additional grant funds to offset the City’s costs. It is anticipated that 124
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VTA Measure B Innovative Transit fund will open late 2023 or early 2024 and is a potential source of additional revenue. If no additional sources of revenue are identified, the continuing cost of the program would be funded from the General Fund.

Next Steps
Staff will return at a future meeting to discuss the TIRCP grant supported service in greater detail, along with a request for the budget allocation for the program and a proposed funding agreement between the City of Cupertino and the City of Santa Clara. _____________________________________
Prepared by: Chris Corrao, Senior Transit and Transportation Planner Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Contract Amendment with Via
B – Draft Resolution
C – Pilot Program Ridership Statistics
D – Via Pilot Invoice Summary
E – TIRCP Expansion Map
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SECOND AMENDMENT TO AGREEMENT 317 BETWEEN

THE CITY OF CUPERTINO AND NOMAD TRANSIT, LLC

FOR ON-DEMAND SHUTTLE PILOT PROGRAM
This Second Amendment to Agreement 317 between the City of Cupertino and Nomad Transit, LLC is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Nomad Transit, LLC, a Limited Liability Company ("Contractor") whose address is 160 Varick St, Floor 4, New York, NY 10013, and is made with reference to the following:

RECITALS:

A. On August 20, 2019, Agreement 317 (" Agreement") was entered into by and between City and Contractor for On-Demand Shuttle Pilot Program.

B. The City and The Contractor entered into a First Amendment for On-Demand Shuttle Pilot Program services ("First Amended Agreement") effective July 20th, 2021.

C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3.1 of the Agreement is modified to read as follows: This Agreement begins on he Effective Date and ends on June 30, 2023 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on August 20, 2019 and shall end on June 30, 2023.

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation.

City will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $1,950,000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIONA TURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO NOMAD TRANSIT, LLC
By _ __________ _ A~IM" LMM-ie- By _ __________ _
Title __________ _ Title Manager
Date __________ _ Date Sep 12, 2022

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date __________ _
EXPENDITURE DISTRIBUTION -=-=----=--------=-==========-------------, Item PO Number ] Amount 1 ------== --....;AJ
Original Agreement 2020-234 . $1,750,000.0vi
===========1 Amendment #1 Extending term to October 31,2022 . I======:::; 1=========Ai Amendment #2 Extending term to June 30, 2023 . $200,000.0vi Total ~greement $1,950,000.Qtj
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 8/4/2022
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

Cottingham & Butler
f.6~gNJ~ i:vn• 563-587-5000 I FAX
Matt Murray IA/C Nol: 563-583-7339
E-MAIL 800 Main St ADDRESS:

Dubuque IA 52001 INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: Pacific Insurance Company, Limited 10046
INSURED VIATRAN-02 INSURERS:

NoMad Transit, LLC
INSURER C: 10 Crosby Street, Floor 2
New York NY 10013 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 2047118450 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE AODL SUBR POLICY EFF POLICY EXP LTR 1,.,c:n l wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 91 YR3 OH8163 10/1/2021 10/1/2022 EACH OCCURRENCE $1,000,000 - 0 CLAIMS-MADE 0 OCCUR PREMISES '1E~'a'~~nce) $100,000 - MED EXP (Any one person) $5,000
- PERSONAL & ADV INJURY $1,000,000
R GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY JECT PRO- Owe PRODUCTS · COMP/OP AGG $10,000,000 OTHER: $
A AUTOMOBILE LIABILITY 91 YR2 OH8165 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT $1,000,000 ,__ /Ea accidentl ANY AUTO BODILY INJURY (Per person) $ ,__ OWNED ~
SCHEDULED BODILY INJURY (Per accident) $ ,__ AUTOS ONLY ,__ AUTOS HIRED NON-OWNEO PROPERTY DAMAGE $ ,__ AUTOS ONLY ,__ AUTOS ONLY /Per accidenll X Svmbol 10 X Period 2& 3 $
,__ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/ N

ANYPROPRIETOR/PARTNER/EXECUTIVE
□ N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE • EA EMPLOYEI $
~m:~rtfi3~ o10PERA TIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space Is required) Period 1 Limits - Symbol 11 - Bodily injury (per person) Limit $50,000, Bodily Injury (per accident) Limit $100,000, Property Damage Limit $30,000 Abuse/Molestation/Assault and Battery/Physical Altercation on the General Liability policy= $1 ,000,000 Occurrence/Aggregate The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are additional insured on the General Liability policy on a primary non-contributory basis per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The City of Cupertino
10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ~~~-;r I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 128 CC 09-20-2022
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POLICY NUMBER: 91 YR3 OH8163 COMMERCIAL GENERAL LIABILITY CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Blanket, as required per written contract executed prior to a loss Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 129 CC 09-20-2022
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POLICY NUMBER: 91 YR3 OH8163 THE;J

HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER

INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Name Of Person Or Organization:

Blanket, as required per written contract executed prior to a loss The following is added to the Other Insurance Condition and supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy that is shown in the SCHEDULE above, provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement.

All other terms, conditions, and exclusions of the policy remain unchanged.

Form YC 99 0109 20 Page 1 of 1
© 2020, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 130
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~ I DATE(MM/DD/YYYY)
ACC>RD9
.,____..... CERTIFICATE OF LIABILITY INSURANCE 07/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER CONTACT
Aon Risk Services Northeast, NAME: Inc. l'NU N t (866) 283-7122 I f~. No.I: (800) 363- 0105 Morristown NJ office (AIC. No. Exl):
44 Whippany Road, suite 220 E-MAIL
Morr istown NJ 07960 USA ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Ll oyd's syndicate No. 1969 Ml120106 Nomad Transi t, LLC . INSURER B: united States Fire Insurance Co. 21113 160 Var ick Street Endurance Amer ican Specialty co. 41718 4th Floor INSURER C: Ins
New York NY 10013 USA INSURER D: AIG specialty Insurance company 26883 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570094548174 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ·r;; TYPE OF INSURANCE 1N°'so wvo POLICY NUMBER IMWDD/YYYYl cMINOoJYvvvi LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ,__ ~ CLAIMS-MADE OoccuR LII\Ml'\UC:. IU r"\C:.NIC.LI PREMISES 'Ea cx:currencel
MED EXP (Any one person)
1-- PERSONAL & ADV INJURY
1--
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE R POLICY JECT PRO· OC PRODUCTS· COMP/OP AGG OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
'Ea a--=""-nr\
,__ ANY AUTO BODILY INJURY ( Per person)
~
- SCHEDULED BODILY INJURY (Per acciden0 OWNED ~ AUTOS ONLY ,..._ AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accident\ ~ ONLY I-- AUTOS ONLY A X UMBRELLA LIAB P-i OCCUR
CSDIG2100022 10/01/2021 10/01/2022 EACH OCCURRENCE $6,000,000 - SIR appl ies per pol i cy ter ns & condi ions AGGREGATE $6,000,000 EXCESS LIAB CLAIMS-MADE

DEO I X I RETENTION
B WORKERS COMPENSATION AND 4087419957 09/ 25/2021 09/25/2022 X I PER STATUTq TornEMPLOYERS' LIABILIITY YI N ER

ANY PROPRIETOR/ PARTNER I EXECUTIVE
~ E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N I A
(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000
gi;t~ftf~~ b16PERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 D cyber Liabi l ity 028429936 02/07/2022 02/ 07/2023 Cyber/EO Liability $3,000,000 OESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space is required) There is a waiver of Subrogation in favor of The city of Cupertino, its City council, officers, officials, employees, agents, servants and volunteers.

CERTIFICATE HOLDER
The City of Cupertino
10300 Torre Avenue
Cupertino CA 95014 USA
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACOR D CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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AGENCY
AGENCY CUSTOMER ID: 570000071789
LOC#:

ADDITIONAL REMARKS SCHEDULE NAMED INSURED
Aon Risk services Northeast, Inc. Nomad Transit, LLC.

POLICY NUMBER
See Certificate Number: 570094548174

CARRIER I NAICCODE
See certificate Number: 570094548174 EFFECTNE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC#

INSURER

INSURER

INSURER

INSURER
Page_ of
ADDITIONAL POLICIES If a policy below does not include Limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSR POLICY POLICY AD0L SUBR POLICY NUMBER EFFECTIVE EXPIRATION Llll,OTS LTR TYPE 0FTNSURANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY)
OTHER
C cyber Liab-xs PRX30015976400 02/07/2022 02/07/2023 XS Cyber/E0 Liability S3,000,000 Retention $100,000
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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POLICY PERIOD: 9/25/2021 - 9/25/2022 POLICY NUMBER: 4087419957 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2
otherwise due on such remuneration.
% of the California workers' compensation premium

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION WITH

WHOM OR WITH WHICH YOU HAVE

AGREED IN A WRITTEN CONTRACT

TO WAIVE YOUR RIGHT OF RECOVERY

AGAINST, PROVIDED SUCH
WRITTEN CONTRACT:

1.IS CURRENTLY IN EFFECT OR WILL

BECOME EFFECTIVE DURING THE TERM
OF THIS POLICY; AND
2 • WAS EXECUTED AND BECAME

EFFECTIVE PRIOR TO THE OCCURRENCE

OF THE INJURY COVERED
BY THIS POLICY.

THIS FORM ONLY APPLIES IN CA.

JOB DESCRIPTION

SEE WORDING UNDER PERSON

OR ORGANIZATION
1998 by the Workers· Compensation Insurance Rating Bureau c:J California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999. 133
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TYSERS
71 Fenchurch Street
London
EC3M 48S
Telephone: +44 (0)20 3037 8000
Fax: +44 (0)20 3037 8010
WNW. tysers.com

CLAIMS MADE SEXUAL MISCONDUCT AND MOLESTATION INSURANCE Form: Tvsers SafeGuard 2021 - primary
Policy Number: MR224153
Unique Market Reference: B0572MR224 l 53
Renewal of:

Named Insured:

Principal Address:

Policy Period:

Limit of Liability:
a) USD 5,000,000
b) USD 5,000,000
and separately:
c) USD 75,000
MR214153
City of Cupertino - Parks and Recreation Department,
Public Works Department
10300 To1Te Avenue, Cupertino, CA 95014
From: 1st July 2022 To: 1st July 2023
Both dates at 12:01 a.m. Local Time at the Principal Address stated in Item l. in the aggregate during the policy period for all claims brought by or on behalf of each victim, and
in the aggregate during the policy period for all claims brought by or on behalf of all victims
in the aggregate during the policy period for all safeguard costs resulting from all circumstances
Such Sub-limit of Liability shall be part of, and not in addition to, the overall Limit of Liability stated in 3.b) above.

Retention:

USD 35,000 any one Victim
Optional Extension Period: 12 months Additional premium of I 00% of the annual premium plus applicable taxes, provided no claims and/or
circumstances have been reported to the insurance
company.

In the event any claims and/or circumstances have been
reported to the insurance company, the additional
premium for the 12 month optional extension period
will be determined by the insurance company at the
time this Policy is not renewed or replaced by the
insurance company
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Premium:

USD 34,650 to be paid within 25 days of attachment
Notification pursuant to Clause IX. shall be given to:

Beazley Group
Attn: Claims Group
30 Batterson Park Road
Farmington, CT 06032
claims(@beazley.com
or
Other Notices:

To report a circumstance under the Safeguard Additional Coverage, Call+ l 844 285 4700 where a service representative will be available 24 hours a day, seven days a week
Retroactive Date:
1'1 July 2018
Pending or Prior Litigation Date:
151 July 2018
Service of Suit:

Service of process in any suit shall be made upon:

Foley & Lardner LLP, 555 California Street, Suite 1700, San Francisco, CA 94104- Governing Law:

New York
Conditions:

Application Dated: TBA
California Surplus Lines Notice I - LMA9098B
California Complaints Notice - LMA 9136A
Small Additional or Return Premiums Clause (U.S.A.)- NMA 1168 Nuclear Incident Exclusion Clause-Liability-Direct - NMA 1256 Radioactive Contamination Exclusion Clause-Liability - NMA 1477 War and Terrorism Exclusion - NMA 2918
US Terrorism Risk Insurance Act of 2002 as amended New & Renewal Business Endorsement- LMA5389
Several Liability Notice - LSW I 001
Sanctions Limits Clause - LMA 3100
Tysers SafeGuard 2021 - Risk Management Response Solutions Cyber Acts Clarification
U.S Classification:

Surplus.Lines Hroker_andJ;tate filedj n: Risk Placement Services, 2850 Golf Road, Rolling Meadows, IL 60008
License Number: 0C66724
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State of Filing:

California
Subject to:
l) Satisfactory second signature on the Renewal App
All subjectivities to be received within 7 working days of binding otherwise Underwriters reserve the right to amend tenns or cancel ab initio.

Brokerage:

Information:

Underwriting
Security:

17.5% or same net equivalent downwards, plus taxes as applicable Employees - 294 Contractors - 70
Exposure Units - 97,000
Nature of Business - Municipality
Cancellation by an Insured may result in a short rate calculation to detennine the return premium, subject to 5% minimum earned of the total premium. 100% Lloyd's (l nfom1ation about Lloyds)
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AMENDMENT NO. 1
to the

PROFESSIONAL/CONSUL TING SERVICES AGREEMENT
between the

CITY OF CUPERTINO
and

NOMAD TRANSIT LLC
July 20, 2021
This Amendment No. 1 to the Professional/Consulting Services Agreement between the City of Cupertino ("the City") and NoMad Transit LLC ("Contractor"), hereinafter the "Parties," dated August 20, 2019 (the "Existing Contract"), is made and entered into this 20th day of July, 2021.

Except as expressly amended herein, the Existing Contract is in full force and effect.

RECITALS
WHEREAS, the City and Contractor entered into the Existing Contract, effective as of August 20, 2019 for the Cupertino On-Demand Shuttle Pilot Program ("Shuttle Program"); WHEREAS, the City and Contractor entered into a Temporary Covid-19 Suspension Service Order to pause operations of the Shuttle Program, effective August 23, 2020, due to the continued public health emergency associated with the Covid-19 pandemic; WHEREAS, in light of the current state of the public health emergency associated with the Covid-19 pandemic, the Parties have determined that the Temporary Covid-19 Suspension Service Order should terminate on September 1, 2021 and the Shuttle Program will resume operations on that date ("Relaunch");
WHEREAS, the Contractor has informed the City that it intends to ensure that the Shuttle Program will come within and comply fully with California law, including as modified by Proposition 22;
NOW, THEREFORE, IT IS MUTUALLY AGREED by Parties hereto to amend the Existing Contract as set forth below.

1. TIME OF PERFORMANCE (Section 3):

Section 3.1 shall be revised to read as follows: "This Agreement begins on the Effective Date and ends on October 31, 2022 ("Contract Time"), unless terminated earlier as provided herein. In addition, one 3-month contract extension will be allowed upon mutual agreement by the Contractor and the City, which would extend the contract end date to January 31, 2023. Contractor's Services shall begin on August 20, 2019 and shall end on October 31 , 2022 or January 31 , 2023 if the optional extension is approved by both parties.

This extension of the Time of Performance shall not increase the total "not to exceed" value of this Agreement ($1 ,750,000), stated in Section 4 below."

2. OPTIONAL COVID-19 SUSPENSION ORDER
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1. Should there be mutual agreement to temporarily suspend service in light of limited ridership due to the ongoing Covid-19 public health crisis, Via will undertake necessary action to implement a temporary service suspension. This will include, but is not limited to, removing Via-Cupertino branding from vans, returning vans to their lessor, and communicating to customers the suspension of the service. Via will undertake all necessary actions to resume operation of the service upon the City's written request no fewer than eight (8) calendar weeks prior to the City's desired restart date. These actions will include acquiring new service vehicles, applying service branding to the new vehicles, re-training driver partners, and communicating to riders the resumption of service. Upon the resumption of service, Via will continue to operate the ViaCupertino service for the remainder of this contract.

2. Customer shall pay to Via the following fee in the event of a temporary service suspension:

I Invoicing Terms
$3,125 per month
In accordance with the Terms, all fees set forth herein are exclusive of any applicable taxes and are payable within thirty (30) days of receipt of invoice. All fees are shown in US dollars.

Via will invoice the City for the first payment after the initiation of the suspension order.

During such time as the Via-Cupertino service remains suspended under this Suspension Order, Via shall not invoice the City any additional fees as stated in the Agreement.

3. INDEMNIFICATION; LIMITATION OF LIABILITY (Section 11):

Section 11.1 shall be revised by adding a new clause (f), which shall read as follows: "(f) Any violation of labor and/or employment laws , including claims based, in full or in part, on a theory of joint employer liability. This indemnity shall include any claims 1}1ade by anyone, including drivers and independent contractors, who perform any work in connection with the Shuttle Program."
A new Section 11.6 is added which shall read as follows: 'The indemnification specified in Section 11.1 (f) shall survive termination or closeout of the Agreement or final payment and is in addition to any other rights or remedies that City may have under the law or under the Agreement."

4. COMPLIANCE WITH LABOR LAWS (Section 13.2):

Section 13.2 shall be revised by adding the following text at the end: "Contractor is also responsible for ensuring the Shuttle Program is operated in compliance with all applicable labor laws, including but not limited to, Proposition 22."

5. EXHIBIT C - FEES:

1. The first paragraph of Exhibit C and the pricing table thereto shall be deleted in their entirety and replaced with the following:
"The table below outlines the payment structure, in which Cupertino would be charged on a per driver hour and price per service hours basis. The total contract value shall not exceed 138
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$1 ,750,000. Contractor has proposed these fees in response to the passage of Proposition 22, reasoning that the new law requires the provision of new mandatory protections and benefits to drivers, and promotes customer and public safety through additional safety-related procedures.

Contractor's interpretation of Proposition 22 is that such benefits and protections provided to drivers include, inter alia, guaranteed minimum earnings, eligibility for healthcare contributions, additional loss and liability insurance protections, and implementation of additional safety training.

The fees detailed in the Amended Contract column below reflect changes in fees Contractor has proposed in connection with its planned implementation of and compliance with Proposition 22." Cl of Cu rtlno Totat Contract Yalu• •Am•nd.• d for Pr 22 Orfglnil Contract Am•n<Md Contract
{Front Uunch 10/28/2019 • 11t.J0/20l0' (From 12/0tno20 • 10/31/202l) 6•fon Prop 22 Adjuslm•rtts J.Jt.r Prop 22 Adjustm.nlll
Total Not-t.o-Elt:ceed Am<MJnl for 11-Month Orl;.n,1 Contrut • t <I..Month Extension (Unc hanged from Ori lnal Contu1ct)
Prfct Ptt Odor
-·
S1 ,7S0,000
Nole; Prfcing C:itduaes IS uu:es (e.q, Aoet,,s fo, Al fen }. whlC:h are to be PIU.!.CO lhtOIJQtt ~., fl~mtd Drtxu Houo A Stoic, t19Yr:t Summa,v· Tota1 ln,>lied Qnyer Hou.ti Tota.I ltr01led So~ Hours.

9. 197

3.350

2. The subsection "Monthly Fees" shall be replaced with the following text:

Monthly Fees
To~I Eadmat, d c .. ,
$0
r 044 $1' 6
Jta.ooo
16 3 .920
Cupertino shall pay the following fees, to be invoiced monthly by Contractor, starting upon Relaunch:
• $42. 78 per driver hour
• $25.00 per service hour
This Amendment No. 1 may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 1 as of the date herein set forth.

CITY OF CUPERTINO
6regfllrJ()Jt By: ____________________ _
Greg Larson, Interim City Manager

NOMAD TRANSIT LLC
CW£-Ab~ By: _ ____ ____________ ____ _
-.Erio.Abrams,-.Manager
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APPROVED AS TO FORM
By:~~V. ~ --C-hr-is-to....:;p_h_e_r_J-en_s_e_n_, -C~i(y'""A'--tto-r-ne_y __________ _ ATTEST:

By: ~
Kirsten Sq
~ uarcia, City Clerk
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A - Dr,-1fl Contract 1l\mendn1F:nt.

Final Audit Report 2021-07-08
Created: 2021-07-07
By: Julia Kins! ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA3unam2QhpK9PaFAyYFIRrJmmQl75MG_X "A - Draft Contract Amendment." History
'5 Document created by Julia Kinst [email protected]) 2021-07-07 - 8:33:34 PM GMT- IP address: 216.198.111.214 g Document emailed to Jennifer Thompson [email protected]) for approval 2021-07-07 - 8:37:17 PM GMT
t:'J Email viewed by Jennifer Thompson [email protected]) 2021-07-07 - 8:43:39 PM GMT- IP address: 66.249.84.241

0.:i Document approved by Jennifer Thompson [email protected]) Approval Date: 2021-07-08 - 6:54:18 PM GMT - Time Source: server- IP address: 208.184.154.83 L Document emailed to Erin Abrams ([email protected]) for signature 2021-07-08 - 6:54:21 PM GMT
"t Email viewed by Erin Abrams ([email protected])
2021-07-08- 6:54:23 PM GMT- IP address: 66.249.92.197
Ol. Document e-signed by Erin Abrams ([email protected]) Signature Date: 2021-07-08- 10:41:09 PM GMT -Time Source: server- IP address: 100.38.155.48 ~ Agreement completed.
2021-07-08- 10:41:09 PM GMT
I Adol:eS,gn
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/1/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

Cottingham & Butler rA~~N,_t Fwt\• 563-587-5000 I ;ffc Nol: 563-583-7339 Matt Murray E-MAIL 800 Main St ADDRESS; Dubuque IA 52001 INSURERISI AFFORDING COVERAGE NAIC#
INSURER A: Pacific Insurance Comoanv, Limited 10046
INSURED VIATRAN-02 INSURER B:

NoMad Transit, LLC
10 Crosby Street, Floor 2 INSURERC;
New York NY 10013 INSURER D:

INSURER E;
INSURER F:

COVERAGES CERTIFICATE NUMBER: 1472165377 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR AODL SUBR
LTR TYPE OF INSURANCE 1,.,~n l,_A,n POLICY NUMBER ,~~rJg~ ,~gh~%~, LIMITS A X COMMERCIAL GENERAL LIABILITY 91 YR3 OH8163 9/15/2020 10/1/2021 EACH OCCURRENCE $1 ,000.000 f--- ~ CLAIMS-MADE 0 OCCUR ~~EMISES /E~~~~encel $100,000
f--- MEO EXP {Any one person) $5,000
,__ PERSONAL & ADV INJURY $1 ,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 Fl POLICY JECT PRO OLoc PRODUCTS • COMP/OP AGG $10,000,000 OTHER: $
A AUTOMOBILE LIABILITY 91 YR2 OH8165 9/15/2020 1011/2021 COMBINED SINGLE LIMIT $1,000,000 IEa accidentf - ANY AUTO BODILY INJURY (Per person) $ - OWNED - SCHEDULED
AUTOS ONLY AUTOS BODIL y INJURY (Per accident) $
- HIRED - NON-OWNED lp~?~~~d~gAMAGE $
- AUTOS ONLY - AUTOS ONLY
X Svmbol 10 X Period2 & 3 $
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $
- EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION I PER I I OTHAND EMPLOYERS' LIABILITY STATUTE ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $
~m:~~fit~ ~1g PERA TIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Period 1 Limits - Bodily injury (per person) Limit $50,000, Bodily Injury (per accident) Limit $100,000, Property Damage Limit $30,000 - Symbol 11 Abuse/Molestation/Assault and Battery/Physical Altercation on the General Liability policy= $1 ,000,000 Occurrence/Aggregate The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are additional insured on the General Liability policy on a primary non-contributory basis per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The City of Cupertino
10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 I ~✓~-r- © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 142 CC 09-20-2022
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POLICY NUMBER: 91 YR3 OH8163 COMMERCIAL GENERAL LIABILITY CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Blanket, as required per written contract executed prior to a loss Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 143 CC 09-20-2022
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POLICY NUMBER: 91 YR3 OH8163 THE;J

HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER

INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Name Of Person Or Organization:

Blanket, as required per written contract executed prior to a loss The following is added to the Other Insurance Condition and supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy that is shown in the SCHEDULE above, provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement.

All other terms, conditions, and exclusions of the policy remain unchanged.

Form YC 99 01 09 20 Page 1 of 1
© 2020, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 144
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-~ "" CERTIFICATE OF LIABILITY INSURANCE I OATE(MM/00/YYYY) AC:C,RC:, ~
07/0112021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PROOUCER CONTACT
Aon Risk Services Northeast, NAME:

Inc. PHONE (866) 283- 7122 I r~. No.\: (800) 363-0105
Morristown NJ office (A/C. No. Ext):
44 Whippany Road, suite 220 E•MAIL
Morristown NJ 07960 USA ADDRESS:

INSURER($) AFFORDING COVERAGE NAIC#
INSURED INSURER A: uni t ed states Fire Insurance co. 21113 Nomad Transit, LLC. INSURER B: Lloyd ' s syndicate No. 1969 AA1120106 160 Varick Str eet Endurance Assurance Corporation 11551 4th Floor INSURER C:

New York NY 10013 USA INSURER D;
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570088264544 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 't'i'R TYPE OF INSURANCE AUUI ~u"" POLICY NUMBER ,/;;i;li'i,'o~ ,:;;~~oo~ LIMrrs INSD WVD COMMERCIAL GENERAL LIABILrrY EACH OCCURRENCE
- D CLAIMS-MADE OoccuR UAIW\\SI: 10 Kl:N , 1:U
PREMISES tEa occurrence\
MED EXP (Any one person)
- PERSONAL & ADV INJURY
-GEN"LAGGREGATE LIMrr APPLIES PER; GENERAL AGGREGATE
~ POLICY □ PRO- LOC PRODUCTS - COMP/OP AGG JECT
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
/Fa """'d•ntl
- BODILY INJURY ( Per person) ANY AUTO
- - SCHEDULED BODILY INJURY (Per accident) OWNED
- AUTOS ONLY - AUTOS PROPERTY DAMAGE
HIRED AUTOS NON-OWNED !Per accident\ - ONLY - AUTOS ONLY

B X UMBRELLA LIAS H OCCUR
CSDIG2000022 09/15/2020 09/15/2021 EACH OCCURRENCE $6,000,000 - SIR applies per policy ter ns & condi ions AGGREGATE $6,000,000 EXCESS LIAS CLAIMS-MADE OED I X !RETENTION
A WORKERS COMPENSATION AND 4087398834 09/25/ 2020 09/25/2021 X I PER STATUTE I IOTH- EMPLOYERS' LIABILrrY Y/N ER

ANY PROPRIETOR/ PARTNER / EXECUTIVE
~ E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000
irsc:~ft'fft~ ont~PERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C E&o- Technol ogy PR030003504100 01/31/2021 01/31/2022 E&o Technology $5,000,000 Cyber Liability $5,000,000
Retention $100,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Nomad Transit LLC is a no-employee entity, which is why workers' comp. coverage is not evi denced on this certificate. workers' comp coveraie is held at the parent company level by via Transportation, Inc. The City of Cupertino, its City Council, officers, o ficials, employees, agents, servants and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability pol i cy.

CERTIFICATE HOLDER
The City of Cupertino
10300 Torre Avenue
Cupertino CA 95014 USA
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WrrH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All righ ts reserved.

The ACORD name and logo are registered marks of ACORD
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~ I ACC>RD DATE(MM/00/YYYY) e 1.-.,...---- CERTIFICATE OF LIABILITY INSURANCE 07/0112021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
Aon Ri sk services Northeast, NAME: Inc. PHONE (866) 283- 7122 j 1.ifc. No.I: (800) 363-0105 Morristown NJ office (A/C. No. Ext):
44 Whi ppany Road, suite 220 E-MAIL
Morristown NJ 07960 USA ADDRESS:

INSURER($) AFFORDING COVERAGE NAIC#
INSURED INSURER A: united states Fire Insurance Co. 21113 Nomad Transit, LLC. INSURER B: Lloyd's Syndicate No . 1969 AA1120106 160 Varick Street
4th Floor INSURERC: Endurance Assurance corporation 11551 New York NY 10013 USA INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570088264544 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 'i.'i'R TYPE OF INSURANCE 'Wso wvo POLICY NUMBER rMwooim'vi ,iitwooivmi LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
-D CLAIMS-MADE OoccuR ""'""'"c IQ "c", cu PREMISES !Ea ocamencel MED EXP (Any one person)
- PERSONAL & ADV INJURY
-GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE R POLICY JECT

PRO- LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
!Ea oeNdentl
- ANY AUTO BODILY INJURY ( Per person)
- OWNED - SCHEDULED BODILY INJURY (Per accident)
- AUTOS ONLY - AUTOS
NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accidenn
- ONLY - AUTOS ONLY
B X UMBRELLA LIAB H OCCUR CSDIG2000022 09/15/2020 09/15/2021 EACH OCCURRENCE $6,000,000 - SIR applies per policy ter ~s & condi ions EXCESS LIAB CLAIMS AGGREGATE $6,000,000 -MADE DED I X !RETENTION
A WORKERS COMPENSATION AND 4087398834 09/ 25/2020 09/25/2021 X I PER STATUTE I IOTH- EMPLOYERS' LIABILITY YI N ER

ANY PROPRIETOR I PARTNER I EXECUTIVE
~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $1,000,000
gm~:i,~:b~ ~nt~PERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C E&o-Technology PR030003504100 01/31/2021 01/ 31/ 2022 E&o Technology $S,000,000 Cyber Liability $5,000,000
Retention $100,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) Nomad Transit LLC is a no-employee entity, which is why workers' comp . coverage is not evidenced on this certificate. workers' comp coveraie is held at the parent company level by via Transportation Inc. The City of Cupertino, its City counci l , officers, o ficials, employees, agents, servants and volunteers are inciuded as Additional I nsured in accordance with the policy provisions of the General Liability policy .

CERTIFICATE HOLDER
The City of Cupertino
10300 Torre Avenue
Cupertino CA 95014 USA
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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Workers Compensation And Employers Liability
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date 0 3-0 8 - 21 Policy No. 4087398834 Insured Name VIA TRANSPORTATION , INC; NOMAD Premium $
Policy Effective Date: 09-25-2020
Insurance Company UNITED STATES FIRE INSURANCE COMPANY
NCCI Carrier Code: 12777 Countersigned By
Endorsement No. 001
1 ,505 .00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:

Workers Compensation And Employers Liability Insurance Policy THE POLICY IS AMENDED AS FOLLOWS :

ENDORSEMENT #1

THE INSURED NAME HAS BEEN CHANGED
FROM: VIA TRANSPORTATION, INC

NOMAD TRANSIT LLC
TO : VIA TRANSPORTATION, INC; NOMAD TRANSIT LLC; REMIX TECHNOLOGIES, LLC
THE FOLLOWING CLASS CODE IS ADDED TO THIS POLICY :

STATE : CALIFORNIA RATING GROUP : 0001-03
CLASS CODE : 8810 (CLERICAL OFFICE EMPLOYEES)
ANNUAL PREMIUM BASIS: $680 , 803.00 PRO RATA FACTOR: 0 . 551 RATE : .37 ANNUAL CLASSIFICATION PREMIUM : $2,519 . 00
THE FOLLOWI NG RATING PLAN IS AMENDED :

EMPL MINIMUM DIFFERENCE(9848) STATE: CA AMOUNT : $93.00 TO $62 . 00
THE FOLLOWI NG RATING PLAN IS ADDED TO THIS POLICY :

PREMIUM DISCOUNT (0064) STATE: CA RATE : 1.10%
THE FOLLOWING ENTITY NAME(S) HAVE BEEN ADDED:

REMIX TECHNOLOGIES , LLC
THE FOLLOWING LOCATION OF OPERATION ADDRESS HAS BEEN ADDED :

LOC NO 3 NAME: REMIX TECHNOLOGIES , LLC
ADDRESS : 1128 HOWARD STREET
SAN FRANCISCO, CA 94103 FEIN : 861886934 U/I :
-- - - FM 111.0.700 (9/ 96) Page 1
See next page
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Workers Compensation And Employers Liability
Policy# 4087398834 Endorsement# 001

THE FOLLOWING
WC000 406
we oo 04 22 c
GENERAL CHANGE ENDORSEMENT (continued)
FORM(S ) HAS BEEN ADDED :
07 - 84 PREMIUM DISCOUNT ENDT
01 - 21 TERRORISM RISK PGM REAUTH ACT DISCL ENDT
THE FOLLOWING FORM(S) HAS BEEN AMENDED :
we 04 03 06 04-84 CA WAIVER OF OUR RIGHT TO RECOVER
THE FOLLOWING FORM(S ) HAS BEEN DELETED :

WC 00 04 22 B 01 -15 TERRORI SM RI SK PGM REAUTH ACT DISCL ENDT FM 111.0.700 (9/ 96)
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 000406

PREMIUM DISCOUNT ENDORSEMENT
The premium for this policy and the policies, if any, listed in Item 3 of the Schedule may be eligible for a discount. This endorsement shows your estimated discount in Items 1 or 2 of the Schedule. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount.

SCHEDULE
ESTIMATED ELIGIBLE PREMIUM $ 7,237

1. STATE
CA 0
FIRST
$5,000

2. AVERAGE PERCENTAGE DISCOUNT: 1.10 %

3. OTHER POLICIES:

NEXT
$95,000
.035
NEXT
$400,000
.05

BALANCE
.07

4. If there are no entries in Items 1, 2 and 3, of the Schedule see the Premium Discount Endorsement attached to your policy number:

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-08-21 Policy No. 4087398834
Insured VIA TRANSPORTATION, INC; NOMAD
Insurance Company UNITED STATES FIRE INSURANCE COMPANY
Endorsement No. 001
Premium $ INCL.

Countersigned By _____________ _
Copyright 1983 National Council on Compensation Insurance. 149
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement WC 000422 C
(Ed. 01-2021)
This endorsement addresses the requirements of the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2019. It serves to notify you of certain limitations under the Act, and that your insurance carrier is charging premium for losses that may occur in the event of an Act of Terrorism.

Your policy provides coverage for workers compensation losses caused by Acts of Terrorism, including workers compensation benefit obligations dictated by state law. Coverage for such losses is still subject to all terms, definitions, exclusions, and conditions in your policy, and any applicable federal and/or state laws, rules, or regulations.

Definitions
The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act.

If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. "Act" means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments thereto, including any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2019.
"Act of Terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, as meeting all of the following requirements:
a. The act is an act of terrorism.
b. The act is violent or dangerous to human life, property, or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or Individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
"Insured Loss" means any loss resulting from an act of terrorism (and, except for Pennsylvania, including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels.
"Insurer Deductible" means, for the period beginning on January 1, 2021, and ending on December 31, 2027, an amount equal to 20% of our direct earned premiums during the immediately preceding calendar year.

WC 00 0422 C
{Ed. 01-2021)

© Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved. 150 CC 09-20-2022
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WC 00 0422 C
(Ed. 01-2021)

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Limitation of Liability
The Act limits our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a calendar year and if we have met our Insurer Deductible, we are not liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we will pay only a pro rata share of such Insured Losses as determined by the Secretary of the Treasury.

Policyholder Disclosure Notice

1. Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry Insured Losses occurring in any calendar year exceed $200,000,000, the United States Government would pay 80% of our Insured Losses that exceed our Insurer Deductible.

2. Notwithstanding item 1 above, the United States Government will not make any payment under the Act for any portion of Insured Losses that exceed $100,000,000,000.

3. The premium charge for the coverage your policy provides for Insured Losses is included in the amount shown in Item 4 of the Information Page or in the Schedule below.

State
CA
Schedule
Rate
.03
Premium
$555
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-08-21 Policy No. 4087398834
Insured VIA TRANSPORTATION , INC; NOMAD TRANSIT LLC; REMIX

TECHNOLOGIES, LLC
Insurance Company UNITED STATES FIRE INSURANCE COMPANY
Endorsement No.
001
Premium $ INCL .

Countersigned By ______________ _

WC 00 0422C
(Ed. 01-2021)
© Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved. 151 CC 09-20-2022
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\IVORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2
otherwise due on such remuneration.
% of the California workers' compensation premium

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION WITH

WHOM OR WITH WHICH YOU HAVE

AGREED IN A WRITTEN CONTRACT

TO WAIVE YOUR RIGHT OF RECOVERY

AGAINST, PROVIDED SUCH
WRITTEN CONTRACT:
l.IS CURRENTLY IN EFFECT OR WILL

BECOME EFFECTIVE DURING THE TERM
OF THIS POLICY; AND
2 . WAS EXECUTED AND BECAME

EFFECTIVE PRIOR TO THE OCCURRENCE

OF THE INJURY COVERED
BY THIS POLICY.

THIS FORM ONLY APPLIES IN CA.

JOB DESCRIPTION

SEE WORDING UNDER PERSON

OR ORGANIZATION
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999. 152
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VVORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2
otherwise due on such remuneration.
% of the California workers' compensation premium

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION LISTED NAME OF PERSON OR ORGANIZATION:

UNDER THE JOB DESCRIPTION WITH WHOM ALAMEDA-CONTRA COSTA TRANSIT

OR WITH WHICH YOU HAVE AGREED IN A DISTRICT
WRITTEN CONTRACT TO WAIVE YOUR LOCATION OF JOB: OAKLAND, CA RIGHT OF RECOVERY AGAINST, PROVIDED CONTRACT OR PROJECT#: CONTRACT SUCH WRITTEN CONTRACT: 2021-1548
DATES OF WORK TO BE PERFORMED:

1. IS CURRENTLY IN EFFECT OR WILL

BECOME EFFECTIVE DURING THE TERM
OF THIS POLICY; AND
3/8/2021 TO 2/29/24
2 . WAS EXECUTED AND BECAME

EFFECTIVE PRIOR TO THE OCCURRENCE

OF THE INJURY COVERED BY THIS
POLICY.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The inforrmtion below is required only when this endorsemmt is issued subsequent to preparation of the policy.) Endorsement Effective 03-08-21 Policy No. 4087398834 Endorsement No. 001 Insured VIA TRANSPORTATION, INC; NOMAD Premium $ INCL .

Insurance Company UNITED STATES FIRE INSURANCE COMPANY
Countersigned By _____________ _
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California \/Vorkers' Compensation Insurance Forms Manual 1999. 153
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Confirmation of Coverage

RISK PLACEMENT

SERVICES
Dear: Esther Ceballos, Bolton & Company - Pasadena Date: Jul 13, 2021 Attached please find (Carrier/Mkt Co) quotation RPS has secured on your behalf for the above mentioned risk.

Please review the attached and below carefully as coverage described herein may be different from the original application submitted, or prior policy if applicable.

Insured: City of Cupertino OBA: Department of Recreation and Community Services, RPS Reference#: BK1366362A Public Works Department
Mailing Address: 10185 N. Stelling Road, Cupertino,CA95014 Carrier: Underwriters at Lloyd's, London I Non-Admitted Policy Number: MR214153
Policy Period: 7/1/2021 to 7/1/2022
Coverage: Special Casualty - Sexual Misconduct
Limit: per Carrier terms attached
Policy Premium:

Taxes:

Fees:

TRIA:

TOTAL:
$31 ,500.00
$1,023.75
$32,523.75
(tax state Surplus Tax/Fee)
(if any are fully earned)
Status:

AM Best Rating: A XV
Commission %: Minimum Earned Premium: 5%
Home State: CA
The State Surplus Lines Notice applies only if Insurance Carrier is shown as Non-Admitted in the Binder Information Section.

Conditions/ Subjectivities: per Carrier terms attached
Please see attached company quote for complete limits, terms, conditions, and exclusions.

Please note:
• You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from our office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the coverage of the risk to the client.
• You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent. • This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be subject to all terms and conditions of policy(ies) which will be issued and that in the event of any inconsistency herewith, the terms and provisions of such policy(ies) shall prevail. • If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS any required surplus lines forms, taxes and fees from the insured. RPS will remit the applicable taxes and forms to the state. 154
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If this policy is subject to the surplus lines laws in your state, you should make every effort to comply with any special provisions and regulations of your state.
• By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat cancellations allowed.
• When requesting a policy change, addition, cancellation, endorsement, etc. you must provide every policy number/ coverage to which the request applies.
• You are responsible for the issuance and review of Certificates of Insurance (COi). COis cannot amend or alter the terms provided herein.
• In the event of a claim please report immediately and visit the RPS Claims website: https://my.rpsins.com/claimsfnol • All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with payments that are overdue and are not received within this time frame are subject to cancellation.

If you have any questions, please feel free to call or email me. We look forward to our next opportunity to work with you.

Sincerely,
Shawn McCall
Risk Placement Services, Inc. - PNP
Phone: 630-773-3800
Email: [email protected]
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TYSE RS
71 Fenchurch Street
London
EC3M 4BS
Telephone +44 (0)20 3037 8000
Fax. +44 (0)20 3037 8010
www.tysers.com

CLAIMS MADE SEXUAL MISCONDUCT AND MOLESTATION INSURANCE Form:

Policy Number:

Renewal of:

Named Insured:

Principal Address:

Policy Period:

Limit of Liability:
a) USD 5,000,000
b) USD 5,000,000
c) USD 50,000
SML Safeguard Wording - 623AFB00213
TBA
MR204153
City of Cupertino - Parks and Recreation Department,
Public Works Department
10300 Torre Avenue, Cupertino, CA 95014
From: 1st July 2021 To: 1st July 2022
Both dates at 12:01 a.m. Local Time at the Principal Address stated in Item 1. for all Claims for Wrongful Acts against any one Victim for all Claims for Wrongful Acts against all Victims, but sub-limited to:
for all Safeguard Costs resulting from all Circumstances Such Sub-limit of Liability shall be part of, and not in addition to, the overall Limit of Liability stated in 3.b) above.

Retention:

USD 35,000 any one Victim
Premium:

USD 31,500
Notification pursuant to Clause IX. shall be given to:

Claims Department Beazley
30 Batterson Park Road,
Farmington,
CT 06032.
[email protected]
(860) 677 3765 (phone)
(860) 679 0247 (fax)
Retroactive Date:
!51 July 2018
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Pending or Prior Litigation Date:
l51 July2018
Service of Suit:

Foley & Lardner LLP, 555 California Street, Suite 1700, San Francisco, CA 94104- Choice of Law:

New York
Conditions:

Application Dated: TBA
California Surplus Lines Notice 1- LMA9098A
California Complaints Notice - LMA9136A
Small Additional or Return Premiums Clause (U.S.A.)- NMA 1168 Nuclear Incident Exclusion Clause-Liability-Direct - NMA 1256 Radioactive Contamination Exclusion Clause-Liability - NMA 1477 War and Terrorism Exclusion - NMA 2918
Several Liability Notice- LSWl 001
Sanctions Limits Clause - LMA 3100
Beazley Safeguard Education Document
Tysers Safeguard Enhancement Endorsement
Cyber Acts Clarification
Amended Definition of Independent Contractor Endorsement - as attached U.S Classification:

Surplus Lines Broker and State filed in: Risk Placement Services, 2850 Golf Road, Rolling Meadows, IL 60008
License Number: OC66724
State of Filing:

CA
Subject to:
1) Renewal application to be resigned and dated within 30 days of inception 2) Confirmation of the Surplus Lines Broker. Including name of individual, company name, address and license number.

All subjectivities to be received within 7 working days of binding otherwise Underwriters reserve the right to amend terms or cancel ab initio.

Brokerage:

Information:
20% or same net equivalent downwards, plus taxes as applicable Employees - 294 Independent Contractors -70
Exposure Units - 97,000
Nature of Business - Municipality
-Cancellation.by an Insured.may result.in.a shm:Lr.ate calculation.to detennin.e the return premium, subject to 5% minimum earned of the total premium. 157
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CITY OF
a PROFESSIONAL/CONSULTING SERVICES AGREEMENT

CUPERTINO

1. PARTIES
This Agreement is made and entered into as of August 20, 2019 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Nomad Transit, LLC ("Contractor"), a Delaware Limited Liability Company and a wholly owned subsidiary of Via Transportation, Inc. for the Cupertino 18-Month On-Demand Shuttle Pilot Program.

2. SERVICES
Contractor agrees to provide the services and pe1fonn the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on August 20, 2021 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on August 20, 2019 and shall end on August 20, 2021.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 Time is of the essence for the performance of all the Services. Contractor must have suffic ient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $1,750,000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Unless otherwise specified in the scope of services, monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

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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.

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 Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement.

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 provided by City to Contractor 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 MA TE RIALS

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 specifically for the City in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. For the avoidance of doubt, no intellectual property will be conceived, created or furnished under this Agreement, and all rights in, to and under Contractor's proprietary on-demand transit solution (the "Via Solution") shall remain the exclusive property of the Contractor. Contractor shall grant to the City all rights necessary to receive the benefit of the Via Solution during the term of the Agreement.

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71 Copyright. To the extent permitted by Title 17 of 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 prope1ty of City. Alternatively, Contractor assigns to City al! Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City's written approval. 73 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;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
75 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 years from the date of City's final payment.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly without prior written consent of City. Any attempt to do so will be null and void. Notwithstanding the foregoing, Contractor may assign its right without such consent to (a) one of its subsidiaries or affiliates or (b) to an entity that acquires all or substantially all of the business or assets of Contractor, whether by merger, reorganization, acquisition, sale, or otherwise. Should the events in (a) or (b) occur, Contractor shall provide notice to the City no later than thirty (30) days after the occurrence of such event.

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.

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