by a reputable overnight delivery service, on the fifth (5th) calendar day after dep osit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino:
10185 N Stelling Road
Cupertino, CA 95014
Attention: Director of Parks and Recreation
Email: [email protected]
To Grantee:
Attention:
Email:
10. Assignments and Subcontracts. Grantee shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Grantee as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.
11. Retention of Records. Grantee 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 Grantee’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 five (5) years from the date of City’s final payment.
12. Conflicts of Interest. Grantee shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Grantee warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090, et seq. Grantee may be required to file a conflict of interest form if Grantee makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Grantee agrees to abide by the City’s rules governing gifts to public officials and employees.
13. Rights to Material Produced.
13.1 Grantee agrees that all original writings, sound recordings, pictorial reproductions, drawings, data, computer programs, and other works of similar nature produced in the course of or under this Agreement, are subject to the rights of City as set forth in this section. City shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purpose whatsoever and to authorize others to do so. If any such work is copyrightable, Grantee may copyright the same, except that, as to any work which i s copyrighted by the Grantee, the City reserves 171
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a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. Grantee agrees to deliver a reproducible copy of such documents and materials to City upon request.
13.2 City may, in its sole discretion, require Grantee to identify or credit City as the funding agency or source for all materials or products generated or produced by Grantee pursuant to the Grant Project Description. This identification or credit may take the form of a logo or other representative mark of City or representative wording (e.g. “funded in whole or in part by the City of Cupertino ”) which is printed or applied directly on or to those materials or product s. Grantee shall not use City materials including logos, flyers, etc., without written permission from City.
13.3 Except as otherwise provided in this Agreement, Grantee shall have and retain title to all real or personal property purchased or funded with grant funds; provided, however, that City may require, as an additional condition of eligibility for grant funds and in advance of approval of this Agreement, that the Grantee provide security to City in order to ensure the performance of Grantee’s obligations under this Agreement and that those obligations are performed consistent with the terms and conditions of this Agreement.
14. Intellectual Property. Grantee represents and warrants that it has the legal right to utilize all intellectual property it will utili ze in carrying out the Grant Project. Grantee shall indemnify and hold City harmless from all loss and liability, including attorneys’ fees, court costs, and all other litigation expenses for any infringement of the patent rights, copyright, trade secret, or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or work to be carried out in the performance of this Agreement.
15. Publicity. Any publicity generated by Grantee for the Grant Project under this Agreement, during the term of this Agreement and for one (1) year thereafter, will reference the City’s contributions in making the Grant 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 prope rty, except signage required by law or this Agreement, without prior written approval from the City.
II. LICENSE TERMS
16. Grant of License . City hereby grants to Historical Society, its employees, consultants, representatives, contractors and guests a non -exclusive, revocable, temporary license ("License") to enter and use the License Area, as described in Exhibit A , for the sole purpose of gallery and office space ( collectively, the "Permitted Activities"), between the hours of 8:00 a.m. to 5:00 p.m., Monday th rough Friday, as may be amended by the City from time to time.
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17. As-Is. Historical Society acknowledges that neither City nor any agent of City has made any representation or warranty with respect to the condition of the Property or License Area, or its suitability for the Permitted Activities. Historical Society accepts the License Area in its "AS IS" condition and City shall have no obligation to improve the License Area. Historical Society shall not do or permit anything to be done in or about the License Area or the Property nor bring or keep anything therein which will in any way interfere with the City's use of the Property.
18. Limitation on City Liability, Damage to Historical Society Property. Historical Society, as a material part of the consideration to City, hereby assumes all risk of damage to property including, but not limited to, Historical Society’s property, and injury to or death of persons in, upon or about the License Area, or any portion thereof, arising from any cause, and Historical Society hereby waives all claims in respect thereof against City, except to the extent such claims are caused by City's negligence or willful misconduct.
Historical Society hereby agrees that City shall not be liable for injury to or death of any Historical Society employee, contractor, invitee or agent, or any other person in or about the Licensed Area, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the License Area, or any portion thereof or from other so urces or places, except damage or injury caused solely by City's negligence or willful misconduct.
19. Waste or Nuisance. Historical Society shall not cause or maintain any nuisances in, on, or about the License Area or Property; or commit any waste in, on, or about the License Area or Property.
20. No Alterations . Historical Society shall not make any alterations, additions or improvements to the License Area or any part thereof.
21. Protection of Property. Historical Society shall practice all due diligence to protect the License Area. Historical Society shall, at its own expense, ensure that any litter is placed in the proper garbage, recycling, or compostable bins after each use. City, at its own expense, will ensure that the License Area is free of any litter, but the City is not obligated to empty its garbage, compost, or recycle bins outside of its ordinary schedule for doing so. In the event of damage to the License Area or Property arising directly or indirectly from Historical Society’s use or access to the License Area or performance of the Permitted Activities, whether by Historical Society or its employees, contractors, invitees, third party program providers or other agents, the Historical Society shall reimburse the City, within 30 days following City's demand therefor, the cost of restoring any damage to the License Area or other improvements comprising the Property. Historical Society ’s obligations under this Section shall survive any expiration or termination of this Agreement.
22. Utilities and Equipment. Historical Society shall be responsible for its own telephone service and shall provide for its own office equipment and furnishings. 173
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23. Access to Premises. Historical Society shall permit the City and its agents to enter into and upon the premises at all reasonable times for purposes of inspecting the same or for the purpose of maintaining or repairing the premises. Access to the premises is limited to city employees or agents, grantee employees or agents, and member s of the public receiving services provided by grantee.
III. GENERAL PROVISIONS
24. Indemnification.
24.1 Except to the extent claims are caused by City ’s sole negligence or willful misconduct, Historical Society shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, agents, representatives, and contractors from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including attorneys’ fees and costs incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any oblig ation on Historical Society’s part to be performed under the terms of this Agreement; (ii) the Permitted Activities; (iii) any act, error or omission of Historical Society or its employees, contractors, invitees, third party program providers or other agents in or about the License Area or Property or any portion thereof; or (iv) loss of, injury or damage to, or destruction of personal property or fixtures (including but not limited to furnishings and bathroom fixtures) on or about the License Area (collectively, the “Indemnification”) arising from this agreement. Historical Society shall provide the defense portion of such Indemnification by and through counsel reasonably acceptable to City. The indemnification obligations of Historical Society set forth in this Section shall survive any expiration or termination of this Agreement.
24.2 City shall indemnify, protect, defend, and hold harmless Historical Society and its elected officials, officers, employees, volunteers, agents, representatives, and contractors from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including attorneys’ fees and costs incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the term to the extent caused (directly or indirectly) by (i) any default in the performance of any obligation on City ’s part to be performed under the terms of this Agreement; (ii) caused by the sole negligence or willful misconduct o f City or its employees, contractors, invitees or agents in or about the License Area or Property or any portion thereof. The indemnification obligations of City set forth in this Section shall survive any expiration or termination of this Agreement.
25. Insurance. Grantee shall maintain the following minimum levels of insurance coverage during the term of this Agreement. Prior to the execution of the Agreement, the Grantee shall provide proof of insurance required. Insurance is to be placed with either a publ ic entity risk pooling organization acceptable to the City or with insurers authorized to conduct business in the state. Coverage shall be at least as broad as:
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E. Commercial General Liability (CGL ) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
1. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified mini mum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance polic y, whichever is greater.
2. Additional Insured coverage under Grantee’s policy shall be “primary and non- contributory,” will not seek contribution from City’s insurance/self -insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
3. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.
B. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer ’s Liability Insurance w ith limit of no less than $1,000,000 per accident for bodily injury or disease.
D. The insurance obligations under this Agreement shall be (i) the minimum coverage and limits specified above; or (ii) all the Insurance coverage and/or limits carried by or available to Grantee, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City.
E. Other Insurance Provisions. The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
1. Additional Insured Status . The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Addition al Insureds”) are to be covered as additional insureds on Grantee’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Grantee’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). 175
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2. Primary Coverage . Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self -insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Grantee’s insurance and shall not contribute to it.
3. Notice of Cancellation . Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
4. Waiver of Subrogation . Grantee waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifical ly, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Grantee, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Deductibles and Self -Insured Retentions . Any deductible or self -insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Grantee must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the insured or the City.
6. Acceptability of Insurers. Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
7. Verification of Coverage . Grantee must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Agreement), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Agreement. City retains the right to demand verification of compliance at any time during the Agreement term.
8. Subcontractors. Grantee shall require and verify that all subcontractors maintain insurance that meet the requirements of this Agreement, including naming the City as an additional insured on subcontractors’ insurance policies.
9. Higher Insurance Limits. If Grantee maintains broader coverage and/or higher limits than the minimu ms shown above, City shall be entitled to coverage for the higher insurance limits maintained by Grantee.
10. Adequacy of Coverage . City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
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26. Termination. Either party may terminate this Agreement, with or without cause, by providing thirty (30) days’ notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Grantee commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever, and each of the Parties hereto shall be relieved and discharged from their obligations under this Agreement, subject to payment for acceptable grant implementation work carried out prior to the expiration of the notice of termination or reimbursement to the City pursuant to Section 6.5. Subject to the foregoing , all provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to: Grantee Obligations, Benefits and Taxes (Section 6.4); Retention of Records (Section 11); Rights to Material Produced (Section 1 3); Intellectual Property (Section 1 4); Indemnification (Section 24); Governing Law, Venue, and Dispute Resolution (Section 27); and Attorneys’ Fees (Section 28).
27. Governing Law, Venue, and Dispute Resolution. This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Grantee must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
28. Attorneys’ Fees. If either party initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevaili ng party will be entitled to reasonable attorneys’ fees and costs.
29. Waiver. Neither the acknowledgement of work or disbursement of grant funds pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Grantee’s obligations or to exercise City’s rights shall in no event be deemed a waiver of the right to do so thereafter.
30. Notice of Nonrenewal. Grantee understands and agrees that there is no representa tion, implication, or understanding that Grantee may be entitled to grant funds or that the work or other activity funded by City pursuant to this Agreement will be funded by the City under a new agreement following expiration or termination of this Agreem ent. Grantee waives all rights or claims to notice or hearing respecting any failure by City to continue to fund all or any such activities by Grantee following the expiration or termination of this Agreement.
31. Third Party Beneficiaries. There are no inten ded third party beneficiaries of this Agreement.
32. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s) on this subject, eithe r oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each 177
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Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling unless otherwise indicated.
33. Severability. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
34. Execution. Each individual executing this Agreement, on behalf of one of the Parties, represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
This A greement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed.
CITY OF CUPERTINO GRANTEE/LICENSEE
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Tax I.D. No.:
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
DATE:
ATTEST:
KIRSTEN SQUARCIA
City Clerk
DATE:
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Exhibit A
License Area
The Historical Society desires to continue to use the portion of the Quinlan Center for gallery and office space as depicted in the image above.
Both parties further agree to the following:
1. The City shall provide 18 meeting rooms and four large rooms at the Quinlan Center per calendar year with no base hourly fees applied to the Grantee for related activities. Meeting rooms shall not include the Quinlan Community Center’s Cupertino and Social Rooms.
For rental of any all other City meeting rooms, Grantee shall be charged the facility use Cupertino Non-Profit rate on the rental of any City facility. a. Grantee shall be responsible for additional costs as outlined in the Fee Schedule E – Recreation.
2. Grantee shall notify City, in writing, at least 30 days in advance to cancel any room rentals.
Late cancellation notices may result in the reduction of meeting rooms provided for that calendar year.
3. Upon termination of this Agreement with the Grantee, the Executive Director shall return all keys to the City’s Parks and Recreation Director or an authorized representative.
-End of Exhibit A-
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Exhibit B
Grant Project
Service Description Itemized Expense Total for Service
Category
Collections
Management
Professionally manage
archive of over 5,000
objects. Sample
activities include
cataloging, rehousing
objects, collections
research, object
paperwork and
assessment, collections
inventory, collections
digitizing, condition
reports, pest
remediation, etc.
IT Support and misc
tech needs--
$1,000/year
Collections Assistant
$3,000/year
Collections Supplies
$500/year (can
include software),
PastPerfect Online
digital collections
database $1000/year;
Insurance and
Storage $6500
$12,000
Curatorial/Exhibitions Provide 3-5
professionally curated
exhibits/pop-up
exhibits annually that
relate to the mission of
the museum and
interests of the
community.
$10,000 graphics and
printing for labels,
panels and other
didactics. $5,000
misc. exhibit
supplies—for
technology and/or
interactives, as
dictated by the needs
of the exhibition.
$15,000
Community Outreach Museum open houses
during City festivals
and fairs; QCC
Preschool Events with
Crafts; Special Exhibits
at various locations
around Cupertino
(Cupertino Library,
Baer Blacksmith Shop,
Other Local
Organizations);
Traveling Trunk;
Quarterly Speaker
Series; Community
Action Committee;
Oral History Events;
History Happy Hours;
Volunteer and
$1,000 Craft and
Exhibit Supplies;
$5,000 food/beverage
needs; $5,000
Advertising/PR;
$2000 newsletter
printing
$13,000
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Internship
opportunities for
anyone ages 16+;
Reading Groups
Total $40,000
The Historical Society further agrees to the following:
1. Submit annual grant funding report as stated in Section 7 - Grant Report.
2. Present an annual report of fundraising activities, current work plan achievements, and future work plan items and projects to the Parks and Recreation Commission.
3. Designate one position on the Cupertino Historical Society Advisory Council for a Cupertino City Council member, as a representative of the City.
4. Commit to fundraising or pursuing other funding opportunities. -End of Exhibit B-
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ATTACHMENT E
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2022-23 BY
APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATING MONIES
FOR SPECIFIED FUNDS
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 4th day of Octoer 2022, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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ATTACHMENT E
EXHIBIT A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $20,000 $- $(20,000)
Special Revenue Funds $- $- $-
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $- $- $-
Total Appropriation
Amendment All Funds $20,000 $- $(20,000)
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CITY OF CUPERTINO
Agenda Item
22-11491 Agenda Date: 10/4/2022
Agenda #: 15.
Subject: Progress update on the Climate Victory Gardens pilot program Receive an update on the Climate Victory Gardens pilot and direct staff to:
1. Continue to share these findings with neighboring jurisdictions, Valley Water, and to develop further partnerships with landscape supply companies, designers, and installers through the life of the pilot program, and
2. Focus on large and institutional sites based on the evidence provided by the cost effectiveness table (Table 3), and
3. Explore partnerships for training and workforce development to ensure that the customer, the City, and contractor can move projects forward in a timely manner, and
4. Bring back a permanent program for City Council’s consideration before the pilot program expires in 2023.
Presenter: Andre Duurvoort , Sustainability Manager
CITY OF CUPERTINO Printed on 9/28/2022Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: October 4, 2022
Subject
Progress update on the Climate Victory Gardens pilot program
Recommended Action
Receive an update on the Climate Victory Gardens pilot and direct staff to (1) Continue to share these findings with neighboring jurisdictions, Valley Water, and to develop further partnerships with landscape supply companies, designers, and installers through the life of the pilot program, and
(2) Focus on large and institutional sites based on the evidence provided by the cost effectiveness table (Table 3), and
(3) Explore partnerships for training and workforce development to ensure that the customer, the City, and contractor can move projects forward in a timely manner, and
(4) Bring back a permanent program for City Council’s consideration before the pilot program expires in 2023.
Discussion
The City Council directed staff to create a “Lawn Buster Drought Tolerant Planting Pilot” as part of the Fiscal Year 2019-2020 City Work Program and allocated a project budget of $175,000. The project’s objective was to create a program to enable residents to easily elect water-wise turf conversion, including pre-set landscape plans, pre-approved contractors, and fixed prices. Below is a brief overview of the project milestones:
- Pre-planning: City conducted initial research and data collection on similar programs within other jurisdictions and created an initial conceptual design for a Cupertino-specific landscape conversion pilot.
- April 2019: City prepared a Request for Qualifications (RFQ) to solicit project design and technical support from qualified firms. No firms were identified. - Spring 2020: The project team consulted with water agencies and landscaping professionals, re-designed the concept, and issued a revised request for proposals (RFP).
- October 2020: A local non-profit, Ecology Action, was awarded a contract of $102,100 for a one-year pilot. Climate Victory Gardens pilot launched with a public 186
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relations campaign, program documents and website, and an online workflow application developed by the Information Technology Division. - September 21, 2021: Staff update to Council on pilot’s progress. Council authorized the City Manager to waive City planning and review fees for removing turf grass in certain situations.
- December 2021: Based on promising results of the first year, the City Manager authorized a new contract for $60,000 and extension of the pilot through December 2022.
- July 2022: Staff update to Sustainability Commission. - September 2022: Amendment signed to add $12,181 to fund additional scope of services and extend the pilot through the end of FY23.
The project team expects the pilot program goals to be reached and exceeded by the end of this fiscal year. The targets are summarized in this report. With innovation pilot programs, the targets are often designed in a way to not only move forward a strategy such as water conservation, but also to generate tests and data that can help improve program offerings and how they scale across City operations.
Pilot Overview and Objectives
Climate Victory Gardens offers full‐service project management services to support residents, homeowner’s associations, and property managers step-by-step through the process of converting turf into drought-tolerant, California native landscapes. Ecology Action provides technical assistance, direct installation of landscaping, and recruitment of landscape installation contractors.
Climate Victory Gardens makes installation costs more predictable by leveraging rebates from Valley Water, and by negotiating fixed rates with qualified installation contractors.
The program promotes add-on features including rainwater harvesting, laundry to landscape greywater reuse, and rain gardens. These add-on features help the property owner to utilize additional rebates, apply ecological principles as identified in the Climate Action Plan 2.0, and apply today’s best landscape retrofit practices.
Ecology Action offers two “pathways” for customers to install drought-tolerant landscapes:
1. Participant Installation (DIY): Ecology Action supports the customer with no-cost landscape design and technical assistance services. The work is performed by the customer with assistance from Ecology Action. Ecology Action procures all materials and applies for the Valley Water rebates on the customer’s behalf. This basic offering is designed so that all or nearly all the cost to the customer is offset by the rebates.
2. Contractor Installation: Ecology Action provides “turn-key” project services, including landscape design, technical assistance, and contractor selection support.
The contractor can be one of the pre‐approved program contractors selected by Ecology Action or another contractor selected by the customer. Installation costs 187
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are determined by the program agreement. A basic landscape conversion project is set at $6/square foot; however, customers can choose different features and adjust as needed. The customer then claims the landscape water conservation rebate from Valley Water to offset the cost of their installation.
Climate Victory Gardens key service elements:
• No‐cost landscape and irrigation assessment at the property • Planting and irrigation design to replace the lawn
• Negotiated bulk pricing for plants and irrigation equipment • Negotiated rate agreements with a bench of qualified landscape installation contractors
• Upfront standard fee of $6/square foot for a basic project (Contractor Installation Option)
• Basic package designed to be entirely offset by Valley Water rebates, with professional design and technical assistance at no cost (Participant Installation (DIY) Option)
• Technical design assistance for rainwater and graywater “add-on” features • Technical support in applying for and receiving Valley Water rebates • Project Agreement Forms document all expectations for the customer upfront
Climate Victory Gardens maximizes uptake of incentives and rebates from Valley Water, including the Landscape Conversion Rebate detailed in Table 1.
Table 1. Valley Water rebate examples within the City of Cupertino.
Small-Medium Sites Large Sites
Single Family and Small Multi-
Family (4 or fewer units)
Commercial, Industrial,
Institutional, and Large Multi-
Family (5 or more units)
Total Lifetime
Combined Rebate $5,000 $110,000
First 1,000 sq. ft. $3.00/sq. ft. -
First 10,000 sq. ft. - $3.00/sq. ft.
Thereafter sq. ft. $2.00/sq. ft. up to per-site cap $2.00/sq. ft. up to per-site cap *Note: Rebate cap is one-time only; sites in unincorporated areas in Cupertino are not eligible for additional cost sharing amount; amounts updated since September 2022.
In addition to the standard landscape conversion rebate type, Cupertino customers are eligible to apply for rebates for irrigation equipment and rainwater capture to further improve their yards (Table 2).
Table 2. Additional Rebates for Cupertino Customers
Irrigation Equipment
High-Efficiency Nozzles Up to $5/nozzle
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Rotor Sprinklers or Spray Bodies Up to $20/body
Rain Sensor Up to $50/sensor
Dedicated Landscape Meter, Flow Sensor*,
Hydrometer* Up to $1,000/meter
Weather Based Irrigation Controller, 1-12 Stations Up to $300/controller Weather-Based Irrigation Controller, 13-24 Stations Up to $1,000/controller Weather-Based Irrigation Controller, 25 Stations+ Up to $2,000 per controller In-line Drip $0.25/sq. ft.
Rainwater Capture
Rain Barrel (40-199 gals) Up to $70
Cistern (200-gals min) $1.00 per gallon
Rain Garden $2.00/sq. ft. (up to $600)
Customer rebate examples:
- A single-family property that replaces a turf lawn of 1,000 square feet will receive a total of $3,000 (1,000 sq. ft. x $3.00). The customer will receive a rebate of $3,000 for their landscape conversion and has the potential to access $2,000 worth of irrigation equipment and rainwater capture rebates.
- A non-residential property that has a turf lawn of 7,000 square feet will receive a total of $21,000 (7,000 sq. ft. x $3.00). The customer will receive a rebate of $21,000 for their landscape conversion and has the potential to capture $89,000 worth of irrigation equipment and rainwater capture rebates.
Pilot Objectives:
Up to 55 landscape consultation site visits to educate residents about the possibilities for sustainable landscape transformation
30 customized designs delivered (mix of single‐family, multi‐family, and non‐ residential sites)
45,000 ft² of high water/energy use landscaping converted to climate‐ adapted landscapes that increase biodiversity, sequester carbon, and reduce stormwater run‐off
As of August 2022, a total of 44 landscape consultation site visits have been completed (Table 3).
Table 3. Climate Victory Garden (CVG) Pilot Program goals, current pipeline of projects, and completed projects as of August 2022.
Pilot Program Goals
Total in
Progress +
Completed
Completed to
Date
Up to 55 landscape
consultation site visits 48 44
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30 gardens designed 35 29
45,000 ft² of turf converted 35,095 ft² 30,972 ft²
While the program is on track to exceed the goal for number of gardens designed, it is currently short of the turf conversion goal. In hopes of meeting and exceeding the turf conversion target, remaining pilot program resources are being prioritized. The project team is in discussions with several community-based organizations and public agencies that may be good pilot participants, in order to observe results from that customer class compared to homeowners or HOAs. In addition, having a diversity of sites would allow the pilot’s effectiveness to be evaluated for various sized projects across multiple sectors.
With a large list of interested customers, the project team expects to exceed all pilot program goals.
Two example projects are pictured below. A selection of customer testimonials is included as an Appendix to this report.
Project A, Before Project A, After
Project B, Before Project B, After
Pilot Cost and Value Analysis
The total pilot program budget set by City Council is $175,000. The cost to the City is calculated as pilot program administrative costs only. Each project has a total square feet of converted yard and is categorized based on a specific range of sizes. A sample of 13 completed projects are shown in Table 4.
The contracted services amount to approximately $3.80 per square foot converted. For comparison, a direct install program operated by the City of San Jose Municipal Water Agency contracted with a consultant in 2015 for $2.00 per square foot converted. The San Jose program is limited to only low-income customers, does not provide any 190
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customization options for participants, does not provide or irrigation systems, and has a wait list of 1 year or more before a consultation can be scheduled. The San Jose program does rely on AmeriCorps to complete the conversions, which provides an important workforce development service but at the expense of the more concierge experience provided by the Climate Victory Gardens pilot model. Initial results suggest that the Climate Victory Gardens model provides for more reliable outcomes; however, cost is higher on a per-unit basis.
Table 4. Program administration cost to the City, 13 completed projects are categorized by size of turf converted.
Category
Label
Project Size (Sq.
Ft.)
# of Sites
in
Sample
Total Sq.
Ft.
Water
Savings
(Gallons)
Cost per
gallon
saved
A 0-500 2 2,000 55,881 $3.13
B 501-800 4 5,564 155,462 $1.13
C 801-1000 2 3,692 103,157 $1.70
D 1001-1500 3 6,534 182,564 $0.96
E 1501-2000 2 6,428 179,602 $0.97
Findings and Key Lessons Learned
The project team makes the following conclusions based on this data. a) The sustainability value to the City is higher when these types of direct assistance services are targeted to larger customers – the cost per unit is lower. b) Most of the project sizes were in category ‘B’ ranging from 501 to 800 square feet.
The project team has identified a “neighborhood effect,” where converted lawns across many neighborhoods may spark conversations among neighbors. This has an intangible value to the City in terms of driving behavior change over the long term.
c) The largest total area of turf converted was in category ‘D’ (1001 to 1500 sq. ft.) with a total of 6,534 converted yard area; the program administrative cost is $0.96 per gallon saved. This site is a highly visible HOA property. d) There was approximately 100 hours of staff time dedicated to this pilot program in Fiscal Year 2021. Some functions could be brought in-house to reduce the fixed costs to the City, but the design and technical advice is a specialized activity that is best performed by experienced landscape managers.
Overall, the City and its collaboration with Ecology Action has shown positive outcomes within the Cupertino community through (1) positive feedback from clients on the 191
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program, EA, and the City, (2) a long waitlist indicating a high interest in this pilot program, and (3) increased awareness, education, and proactive behavioral changes to reduce water usage.
As the drought continues to present short and long-term consequences with water supply and infrastructure, our partners in the Valley Water Conservation Subcommittee have also provided the following feedback:
The Climate Victory Gardens pilot has produced better outcomes compared to most projects that Valley Water audits. The gardens are thoughtfully designed, and the homeowners are likely to maintain them when they have a consultative approach to the project delivery
The pilot is likely to produce sustainable water savings, because the gardens are installed with professional oversight, which eliminates many of the issues that Valley Water observes with improper irrigation, plant die-off, or incorrect mulching techniques.
The pilot program provides additional value to the broader community by training homeowners, property managers, and installation contractors in proper application of low water use drip irrigation and design principles. The incentive applications are processed quicker under the pilot, using economies of scale and providing direct homeowner assistance to claim the rebates. This is a reduced administrative burden for both the homeowners and the Valley Water program.
Valley Water is interested in exploring further partnerships with Cupertino.
Attracting Interested Installers: A consultative approach results in better outcomes, however it is a large element of the cost to serve. Constraints such as resident financial flexibility, apprehension on the landscape design, present challenges to administrative cost. For smaller sites (below 1,000 ft²), it has been a challenge to attract interested installers for the $5/ ft² set price ($6/ ft² as of 2022). This is due to fixed overhead costs and labor shortages during the pandemic. The program is being evaluated to potentially adjust the pricing structure or the minimum square footage requirement, which is currently set at 500 ft². Changes to the customer contribution would have no fiscal impact to the City.
Multiple Stakeholders: The pilot program seeks to include several project types including single‐family residential, multi‐family residential, small commercial, and community‐ based facilities such as churches and fire stations. However, it can be difficult to get commitment from the appropriate point of contact with decision authority for sites with multiple stakeholders. The program is being evaluated to determine how best to handle these situations. There has been some success in this area through collaborative interactions and multiple iterations. For example, the City is working with a local church to provide design services and assistance installing rainwater harvesting system to support their community garden and improve stormwater conditions. However, all these interactions require time and administrative fees. 192
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Attracting Larger Sites: It is clear from Table 3 that larger sites are more cost-effective in terms of administration of this type of technical assistance program. Under this pilot model, each site served has a relatively fixed administrative cost, but the more landscape that is converted results in increased water savings. In addition, larger projects allow for more gallons of water saved because the original turf yard needs substantial watering compared to drought tolerant and native plants which need significantly less water.
An additional barrier to converting larger sites was the additional fee for removing or converting yards. The Planning and Sustainability staff brought the fee and review process to the attention of the City Council in a September 2021 staff report. Council adopted Resolution No. 21-087 which authorizes the City Manager to waive certain City fees when a property owner undertakes a project to remove turf grass and replace with more drought-tolerant options. Applicants can contact the Planning Division to start that process.
Next Steps
Based on the findings from the analysis on cost, program effectiveness, and considerations for continuing the program, City Council is recommended to direct staff to:
(1) Continue to share these findings with neighboring jurisdictions, Valley Water, and to develop further partnerships with landscape supply companies, designers, and installers through the lift of the pilot program, and (2) Focus on large and institutional sites based on the evidence provided by the cost effectiveness table (Table 3), and
(3) Explore partnerships for training and workforce development to ensure that the customer, the City, and contractor can move projects forward in a timely manner, and
(4) Bring back a permanent program for City Council’s consideration before the pilot program expires in 2023.
Sustainability Impact
The pilot program helps the City make progress towards multiple objectives in the Climate Action Plan 2.0, especially water conservation and promoting biodiversity.
Drought tolerant and California native plant landscapes have a beneficial impact to residents, wildlife, and water conservation:
- Ground covers, shrubs, and trees that are drought tolerant can withstand low water and high-heat weather conditions because they are able to retain moisture.
The root systems of these plants reach further into the ground compared to grass turf, thus can store groundwater, and can stabilize slopes and hills. With the 193
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increase in California wildfires, many of the drought tolerant plants have lower quantities of flammable oils and can contribute to fire-resistance. 1 - Supporting local ecology through lawn conversions means preservation of California native plants and wildlife biodiversity.2 Reducing landscape maintenance such as traditional lawn mowing means there is less green waste and a reduction in pesticide use which means toxins stay out of our waterways and soil.3
A recent report from the Santa Clara Valley Water District shows that average water savings increases incrementally each year after conversion therefore although initial water savings is low after initial turf conversion, it will increase substantially by the fifth year (Figure 2).
Figure 2. Neeta S. Bijoor, Valley Water, “Saving Water with a Landscape Water Conservation Rebate Program,”4
The regional water authorities have stated that if this upcoming winter is also a dry winter, then the mandatory water restrictions will become stricter and will continue to exert pressure on our communities. It is the responsible approach to remove every possible barrier to reducing water use in Cupertino at this time, in a way that can
1 University of California Cooperative Extension (UCCE), California Sea Grant Extension, 2009, “Drought Tolerant Plants,” accessed March 19, 2022, https://caseagrant.ucsd.edu/sites/default/files/Drought-Tolerant- Plants_8-7-09-2.pdf.
2 California Native Plant Society, “Benefits of California Native Plants,” accessed March 19, 2022, https://www.cnps.org/gardening/why-natives/benefits-of-california-native-plants. 3 California Department of Water Resources (CDWR), June 10, 2020, “Why Garden w ith California Native Plants: Tips from DWR Landscape Architect Cassandra Musto,” accessed March 19, 2022, https://water.ca.gov/News/Blog/2020/June/Why-Garden-with-California-Native-Plants. 4 https://www.valleywater.org/sites/default/files/Bijoor%20AWWA%20Publication_2021. pdf.
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responsibly build up resilient properties but also spur private investments and economic activity. Drought‐tolerant gardens set a very visual example of what a climate‐adapted City looks like.
Ecological Benefits
Another sustainability impact is in increasing the ecological benefits offered by more diverse landscapes. Studies show that most turf removal projects replace a single species of turf grass with between 6 to 20 distinct species of plants, which may offer more beneficial habitat for local pollinators, birds, and other wildlife, especially if the plants selected are native to the area. Increasing biodiversity is a
Reduce Stormwater Runoff
A third benefit is that well‐designed urban landscapes can also help infiltrate water and reduce stormwater runoff. Managing the stormwater system and reporting on creek water quality is a core function of the Cupertino City government and is performed by the Public Works, Environmental Programs Division. For this reason, Cupertino can leverage stormwater protection fees to supplement the water conservation programs and reduce overall general fund impact.
Leadership and Collaboration
Another sustainability impact is the innovative nature of this pilot program and demonstrating leadership in water conservation. Valley Water has been a key collaborator in providing advice and support for Cupertino in this effort. Other cities are taking notice, for example the City of Milpitas has confirmed that as of August 2021, they are embarking on a similar one‐year pilot program inspired by Cupertino’s efforts.
Fiscal Impact
This Work Program project’s adopted budget is $175,000. No further funds are being requested at this time.
_____________________________________
Prepared by: Rina Horie, Sustainability Division Intern Reviewed by: Andre Duurvoort, Sustainability Division Manager Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Customer Testimonials
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Attachment A: Customer Testimonials
Customer Testimonials: the following testimonials are from the evaluation survey offered to residents to provide feedback on ideas to improve the Climate Victory Gardens Pilot program for future participants:
4/24/2021 “Provide sample images of plants in design plan for better visualization. Many of the plants that were suggested were not available so it would have been easier to have a list of availability. I spent countless hours looking up some plants only to be notified that they were not available. Choice of varied materials like gravel or stones to provide texture in design. Provide a list of mulch suppliers. Follow-up visit two to three months later to check on landscape.”
4/24/2021 “It's not clear if we had any effect on neighbors, but all have noticed. It's also hard to note the savings in water until we do more analysis, but we certainly are not wasting water that runs into the concrete areas attempting to water the lawn.”
7/5/2021 “Increase public awareness about this great program.”
9/1/2021 “My wife and I asked Paradise Garden & Landscape to also increase scope of our Front Yard Project beyond lawn conversion portion. These additions went really well. We also added new irrigation controllers with a weather forecast feature to shut off watering on rainy days. The under-surface drip irrigation really lowered our water usage when we compared annual water usage.”
9/27/2021 “We loved working with our designer Sherry Bryan from Ecology Action - she was knowledgeable, professional and fun. Sherry delivered a design that fit our needs and had some fun/interest in it. She communicated well and kept us updated on timelines. We had an issue with our initial landscape installation contractor who came out and viewed our property but did not respond in a timely manner with the quote and ultimately did not have bandwidth for our project. Our designer worked hard to find Paradise Garden and Landscape and get a timeline that fit with our requirements. Paradise was great to work with as well and the project looked great when it was finished.
There are a couple of improvements that could be made. First, the timeline from our initial application to final completion was very long. My estimation is that from initial application submission to receiving the rebate check took about one year. We thought about withdrawing from the program as it took much longer than we anticipated and would have taken us to do. However, we really wanted to change over to a more sustainable landscape solution and valued access to a knowledgeable landscape designer. Second, the 90-day timing between approval of the plans by the water district and required time to completion is too short given the demand for landscape contractors. While they will extend the timeline, it creates undo stress on homeowners especially when there is a short list of installers who fit the requirements of the program.”
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CITY OF CUPERTINO
Agenda Item
22-11503 Agenda Date: 10/4/2022
Agenda #: 16.
Subject: Consider an ordinance to comply with AB 1236 to establish an expedited permit process for electric vehicle (EV) charging systems
Conduct the first reading of Ordinance No. 22-2244 amending Cupertino Municipal Code Chapter 16.28 establishing an expedited, streamlined permitting process for electric vehicle charging stations in compliance with AB 1236: "An ordinance of the Cupertino City Council setting forth procedures for expediting permitting processing for electric vehicle charging stations."
Presenters: Albert Salvador, Assistant Director of Community Development/Building Official and Andre Duurvoort, Sustainability Manager
CITY OF CUPERTINO Printed on 9/28/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 4, 2022
Subject
Consider adopting an ordinance to comply with AB 1236 to establish an expedited permit process for electric vehicle (EV) charging systems
Recommended Action
Introduce for first reading an ordinance amending Cupertino Municipal Code Chapter 16.28 establishing an expedited, streamlined permitting process for electric vehicle charging stations in compliance with AB 1236.
Background
Assembly Bill 1236 (Chiu, 2015) requires cities and counties to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations (EVCS).
Pursuant to AB 1236, cities and counties must adopt a streamlining ordinance and checklist, and any EVCS permit review can only be limited to health and safety requirements.
Assembly Bill 970 (McCarty, 2021), which created Government Code Section 65850.71, builds upon AB 1236. AB 970 adds specific binding timelines to the review period based on the size of the project and clarifies parking requirements.
AB 1236 and AB 970 require the City to become “EVCS Permit Ready,” based on the following standards:
1. Streamlining Ordinance for Expedited EVCS Permit Process
2. Permitting Checklists Online for L2 & DCFC
3. Administrative Approval of EVCS
4. Approval Limited to Health & Safety Review
5. Electronic Signatures Accepted
6. EVCS Not Subject to Association Approval
7. One Complete Deficiency Notice if Application is Incomplete In addition to adoption of the proposed ordinance, staff will update its checklist to contain objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications to be made available on City’s website. The updated checklist is expected to be made available by the beginning of calendar year 2023, 198
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following the ordinance becomes effective. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. The permit process and timeline are outlined below.
1. EVCS Permit Process and Timeline
Assembly Bill 1236 (2015) further prohibits a jurisdiction from imposing any condition approval on an EV charging station permit based on the approval of an association as defined in California Civil Code, Section 4080.
Staff recommends that the City Council introduce for first reading the proposed ordinance, based on the requirements of Government Code section 65850.7. The ordinance and related next steps below will bring the City of Cupertino in full compliance with both AB 1236 and AB 970 and create an expedited, streamlined process will be available to permit applicants.
Related Relevant Laws
AB 1100 (Kamlager-Dove, 2019), codified in Vehicle Code section 22511.2, provides that charging spaces count as at least one standard parking space for complying with minimum 199
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parking requirements. Accessible charging spaces with an access aisle count as at least two standard parking spaces.
Civil Code Section 4745 limits a homeowner association’s ability to prohibit or restrict the installation of an EVCS by a member.
Civil Code Section 1947.6 (residential) and Civil Code Section 1952.7 (commercial) provide that tenants have the right to install EVCS and landlords must grant permission under specified circumstances.
Next Steps
If Council approves the introduction of the ordinance, staff will agendize the second reading on October 18, 2022 to adopt the proposed ordinance. Subsequently, staff will create the necessary permitting checklist and post it to the website and at the permit counter by January 2023. A public relations campaign will follow to notify the public of the newly adopted streamlined permitting process.
Staff will also submit this information to the State of California’s Go-BIZ administrators, and request that the EVCS permit streamlining map be updated to show Cupertino in full compliance with the EVCS permit streamlining laws.
Sustainability Impact
The Cupertino Climate Action Plan 2.0, which was adopted by City Council on August 12, 2022, places a great emphasis on decarbonizing the transportation systems in the City. Measure TR-3 seeks an increase in zero-emission vehicles to 35 percent for passenger vehicles and 20 percent for commercial vehicles by the year 2030. Adopting and maintaining a streamlined EVCS permitting process is a key action toward this end.
Fiscal Impact
Adopting the ordinance proposed today will not by itself have any fiscal impact. _____________________________________
Prepared by:
Andre Duurvoort, Sustainability Division Manager
Reviewed by:
Albert Salvador, Assistant Director of Community Development/Building Official Benjamin Fu, Director of Community Development
Christopher Jensen, City Attorney
Approved for Submission by:
Pamela Wu, City Manager
Attachments:
A – Draft Ordinance (Redline)
B – Draft Ordinance (Clean)
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ORDINANCE NO. ________
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
SETTING FORTH PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR
ELECTRIC VEHICLE CHARGING SYSTEMS
WHEREAS, the State of California and the City of Cupertino has consistently promoted and encouraged the use of fuel‐efficient electric vehicles; and, WHEREAS, the State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging system s; and,
WHEREAS, in September 2018, the Governor of the State of California issued Executive Order B‐55‐18, establishing a statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and, WHEREAS, on September 18, 201 8, the Cupertino City Council adopted a climate emergency declaration, calling for a mobilization effort to end citywide greenhouse gas emissions as quickly as possible, and recognizes the need for an organized and equitable transition away from fossil fuels used in buildings and transportation; and, WHEREAS, creation of an expedited, streamlined permitting process for electric vehi cle charging stations would facilitate convenient charging of electric vehicles and help reduce the City of Cupertino’s reliance on environmentally damaging fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. TITLE, WORDS, AND PHRASES
This Ordinance shall be known as th e City Cupertino Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.
SECTION 2.
Chapter 16.28 of the Cupertino Municipal Code is hereby ame nded as set forth in Attachment A.
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SECTION 3. SEVERABILITY AND CONTINUITY
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, par agraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinan ce irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these pro visions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In th e event that this Ordinance
is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may ha
ve a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the en
vironment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 5. EFFECTIVE DATE
This Ordina
nce shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 6. PUBLICATION
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 3
6933, a summary of this Ordinance may be prepared by
the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the name s of the City Council members voting for and against the ordinance. 202
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INTRODUCED at a regular meeting of the Cupertino City Council this 4th day of October, 2022; and
ENACTED at a regular meeting of the Cupertino City Council this 18th day of October, 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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ATTACHMENT A
CHAPTER 16.28: EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS AND ELECTRIC VEHICLE CHARGING SYSTEMS
Section
16.28.010 Purpose and intent.
16.28.020 Definitions.
16.28.030 Applicability.
16.28.040 Solar energy system requirements. Requirements.
16.28.050 Application and documents.
16.28.060 Permit review and inspection requirements.
16.28.010 Purpose and Intent.
The purpose of this Ordinance Chapter is:
1) To adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Ordinance expands AB2188 to provide for timely and cost-effective installations of solar panels on small multi-family and commercial buildings. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. The Ordinance allows the City to achieve these goals while protecting the public health and safety. (Ord. 15-2133, part, 2015) 2) To promote and encou rage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
16.28.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings as defined in this section.
a. A. A “Solar Energy System” means either of the following:
i.1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
ii.2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
b. B. A “small residential rooftop solar energy system” means all of the following:
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i. 1. A solar energy system that is a simple photovoltaic system no larger than 10 kilowatts or a solar thermal system no larger than 30 kilowatts thermal. ii. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and local health and safety standards.
iii. 3. A solar energy system that is installed on a single or duplex family dwelling. iv. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
c. C. A “small multi-family or commercial rooftop solar energy system” means all of the following:
i. 1. A solar energy system that is a simple photovoltaic system no larger than 10 kilowatts or 30 a solar thermal system no larger than kilowatts thermal. ii. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and local health and safety standards.
iii. 3. A solar energy system that is installed on a triplex, four-plex family dwelling or on a commercial building no more than 10,000 square feet in size. iv. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
d. D. A “small rooftop solar energy system” either a “small residential rooftop solar energy system” or a “small multi-family or commercial rooftop solar energy system”.
e. E. “Electronic submittal” means the utilization of one or more of the following:
i. 1. Email;
ii. 2. The Internet;
iii. 3. Facsimile.
f. F. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
g. G. A “common interest development” means any of the following:
i. 1. A community apartment project.
ii. 2. A condominium project.
iii. 3. A planned development.
iv. 4. A stock cooperative.
h. H. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
i. I. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or 205
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specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
j. J. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:
i. 1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. ii. 2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. (Ord. 15-2133, part, 2015)
K. ELECTRIC VEHICLE CHARGING STATION OR EVCS. Any level of electric vehicle supply equipment station that is designed and built-in compliance with article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
L. “A feasible method to satisfa ctorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
16.28.030 Applicability.
a. A. This Ordinance Chapter applies to the permitting of all Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems in the City.
b. B. Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
16.28.040 Solar Energy System Requirements.
a. A. All solar energy systems and Electric Vehicle Charging Stations shall meet applicable health and safety standards and requirements imposed by the State, the City, and Santa Clara County Fire Department.
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b. B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
c. C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 15-2133, part, 2015)
D. Electric Vehicle Charging Stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents.
a. A. All documents required for the submission of an expedited solar energy system application and for an EVCS permit application shall be made available on the City’s website.
b. B. Electronic submittal of the required permit application and documents shall be made available to all small rooftop solar energy system permit applicants.
c. C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
d. D. The City’s Building Department Building Official shall adopt a standard plan and checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.
E. The Building Official shall provide a permit checklist for EVCS permit applications.
e F. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
f. G. The small multi-family or commercial rooftop solar energy system permit process, standard plan(s), and checklist(s) shall be developed by the City’s Building Department Building Official.
g. H. All fees prescribed for the permitting of small rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, 207
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Government Code Section 66016, and State Health and Safety Code Section 17951. (Ord. 15-2133, part, 2015)
16.28.60 Permit Review and Inspection Requirements.
a. A. The City shall adopt an administrative, nondiscretionary review process to expedite approval of small rooftop solar energy systems and EVCS application of one to 25 stations at a single site. Upon receipt of a complete application which meets the requirements of the approved checklist and standard plan, the City shall issue a building permit or other nondiscretionary permit on the same day for over-the-counter applications or within 3 five business days for electronic applications. For complete EVCS applications including 26 or more EVCS stations at a single site, a permit shall be issued after ten business days for electronic applications. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.
b. B. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
c. C. If a use permit is required, a building official The Building Official may deny an application for the use a permit for a small rooftop solar energy system or EVCS if the oOfficial makes written findings based upon substantive evidence in the record that:
1. The proposed installation would have a specific, adverse impact upon public health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
a. Decisions to require a use permit or to deny a use permit may be appealed by filing a request for appeal, in writing, with a description of the grounds for appeal. The request for appeal must be made within ten (10) business days of the serving or mailing of the building official’s determination. A hearing shall be scheduled within thirty (30) days before the Board of Appeals as defined in Cupertino Municipal Code Section 16.02.270. If the appeal is not filed within the time specified above, the applicant shall be deemed to waive the right to appeal.
b. D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
c. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or 208
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mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
d. Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 4080 of the Civil Code.
e. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
f. E. The City shall require only one inspection for small residential rooftop solar energy systems eligible for expedited review. The City may require two inspections for small multi-family or commercial rooftop solar energy systems if deemed necessary. A separate fire inspection may be performed if the City does not have an agreement with the local fire authority County of Santa Clara Fire Department to perform safety inspections on behalf of the local fire authority County of Santa Clara Fire Department.
g. F. The inspection(s) shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two-hour inspection window on the day of the inspection.
h. G. If a small rooftop solar energy system fails inspection a subsequent inspection is authorized but need not conform to the requirements of this Ordinance. (Ord. 15- 2133, part, 2015)
16.28.070 Appeals.
Any final decision of the Building Official made pursuant to this Chapter may be appealed by filing a request for appeal, in writing, with a description of the grounds for appeal. The request for appeal must be made within ten (10) business days of the serving or mailing of the building official’s determination. A hearing shall be scheduled within thirty (30) days before the Planning Commission. If the appeal is not filed within the time specified above, the applicant shall be deemed to waive the right to appeal.
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ORDINANCE NO. ________
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
SETTING FORTH PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR
ELECTRIC VEHICLE CHARGING SYSTEMS
WHEREAS, the State of California and the City of Cupertino has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and, WHEREAS, the State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and,
WHEREAS, in September 2018, the Governor of the State of California issued Executive Order B-55-18, establishing a statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and, WHEREAS, on September 18, 2018, the Cupertino City Council adopted a climate emergency declaration, calling for a mobilization effort to end citywide greenhouse gas emissions as quickly as possible, and recog nizes the need for an organized and equitable transition away from fossil fuels used in buildings and transportation; and, WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City of Cupertino’s reliance on environmentally damaging fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. TITLE, WORDS, AND PHRASES
This Ordinance shall be known as the City Cupertino Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.
SECTION 2.
Chapter 16.28 of the Cupertino Municipal Code is hereby amended as set forth in Attachment A.
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SECTION 3. SEVERABILITY AND CONTINUITY
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub -paragraph, sentence, clause or phrase o f this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provi sions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines sectio n 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 6. PUBLICATION
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. 211
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INTRODUCED at a regular meeting of the Cupertino City Council this 4th day of October, 2022; and
ENACTED at a regular meeting of the Cupertino City Council this 18th day of October, 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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ATTACHMENT A
CHAPTER 16.28: EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS AND ELECTRIC VEHICLE CHARGING SYSTEMS
Section
16.28.010 Purpose and intent.
16.28.020 Definitions.
16.28.030 Applicability.
16.28.040 Requirements.
16.28.050 Application and documents.
16.28.060 Permit review and inspection requirements.
16.28.010 Purpose and Intent.
The purpose of this Chapter is:
1) To adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Ordinance expands AB2188 to provide for timely and cost-effective installations of solar panels on small multi-family and commercial buildings. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. The Ordinance allows the City to achieve these goals while protecting the public health and safety. (Ord. 15-2133, part, 2015) 2) To promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
16.28.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings as defined in this section.
A. A “Solar Energy System” means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
B. A “small residential rooftop solar energy system” means all of the following:
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1. A solar energy system that is a simple photovoltaic system no larger than 10 kilowatts or a solar thermal system no larger than 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and local health and safety standards.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
C. A “small multi-family or commercial rooftop solar energy system” means all of the following:
1. A solar energy system that is a simple photovoltaic system no larger than 10 kilowatts or 30 a solar thermal system no larger than kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and local health and safety standards.
3. A solar energy system that is installed on a triplex, four-plex family dwelling or on a commercial building no more than 10,000 square feet in size.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
D. A “small rooftop solar energy system” either a “small residential rooftop solar energy system” or a “small multi-family or commercial rooftop solar energy system”.
E. “Electronic submittal” means the utilization of one or more of the following:
1. Email;
2. The Internet;
3. Facsimile.
F. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
G. A “common interest development” means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
H. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
I. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or 214
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specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
J. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. (Ord. 15-2133, part, 2015)
K. ELECTRIC VEHICLE CHARGING STATION OR EVCS. Any level of electric vehicle supply equipment station that is designed and built-in compliance with article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
L. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
16.28.030 Applicability.
A. This Chapter applies to the permitting of all Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems in the City.
B. Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
16.28.040 Requirements.
A. All solar energy systems and Electric Vehicle Charging Stations shall meet applicable health and safety standards and requirements imposed by the State, the City, and Santa Clara County Fire Department.
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B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 15-2133, part, 2015)
D. Electric Vehicle Charging Stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents.
A. All documents required for the submission of an expedited solar energy system application and for an EVCS permit application shall be made available on the City’s website.
B. Electronic submittal of the required permit application and documents shall be made available to all small rooftop solar energy system permit applicants.
C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
D. The Building Official shall adopt a standard plan and checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.
E. The Building Official shall provide a permit checklist for EVCS permit applications.
F. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
G. The small multi-family or commercial rooftop solar energy system permit process, standard plan(s), and checklist(s) shall be developed by the Building Official.
H. All fees prescribed for the permitting of small rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, 216
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Government Code Section 66016, and State Health and Safety Code Section 17951. (Ord. 15-2133, part, 2015)
16.28.60 Permit Review and Inspection Requirements.
A. The City shall adopt an administrative, nondiscretionary review process to expedite approval of small rooftop solar energy systems and EVCS application of one to 25 stations at a single site. Upon receipt of a complete application which meets the requirements of the approved checklist and standard plan, the City shall issue a building permit or other nondiscretionary permit five business days for electronic applications.
For complete EVCS applications including 26 or more EVCS stations at a single site, a permit shall be issued after ten business days for electronic applications.
B. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
C. The Building Official may deny an application for a permit for a small rooftop solar energy system or EVCS if the Official makes written findings based upon substantive evidence in the record that:
1. The proposed installation would have a specific, adverse impact upon public health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
E. The City shall require only one inspection for small residential rooftop solar energy systems eligible for expedited review. The City may require two inspections for small multi-family or commercial rooftop solar energy systems if deemed necessary. A separate fire inspection may be performed if the City does not have an agreement with County of Santa Clara Fire Department to perform safety inspections on behalf of the County of Santa Clara Fire Department.
F. The inspection(s) shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two-hour inspection window on the day of the inspection.
G. If a small rooftop solar energy system fails inspection a subsequent inspection is authorized but need not conform to the requirements of this Ordinance. (Ord. 15- 2133, part, 2015)
16.28.070 Appeals.
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Any final decision of the Building Official made pursuant to this Chapter may be appealed by filing a request for appeal, in writing, with a description of the grounds for appeal. The request for appeal must be made within ten (10) business days of the serving or mailing of the building official’s determination. A hearing shall be scheduled within thirty (30) days before the Planning Commission. If the appeal is not filed within the time specified above, the applicant shall be deemed to waive the right to appeal.
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