CC 03-21-2023 Searchable Packet.pdf — Cupertino City Council, March 21, 2023 (part 2 of 3)

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option set forth in Section 3.1, this Section 4.1 will be amended to increase the annual amount by $65,746.00, as necessary.

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

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City.

5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

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6. PROPRIETARY /CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
72 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City's written approval. 73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with1 generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available Orchard Maintenance

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to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's final payment.

Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity 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.

10. PUBLICITY/ SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must Orchard Maintenance

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accept a tender of defense upon receiving notice from City of a third-party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.

11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6. This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Orchard Maintenance

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Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
City Project Manager. The City assigns Jimmy Tan as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Doug Anderson as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum often percent (10%) of the total time expended to date in the performance of the Services.

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but fmal payment will not be Orchard Maintenance

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made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE. AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Comt for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

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24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.

26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino
Office of the City Manager
10300 Torre Ave., Cupertino CA 95014
Attention: Jimmy Tan
Email: [email protected]

27. EXECUTION
To Contractor: Anderson's Tree Care Specialists
121 N 27th St
San Jose CA 95116
Attention: Doug Anderson
Email: [email protected]
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
Orchard Maintenance

CONTRACTOR

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By __________ _
Name _________ _
Title _________ _
Date _________ _
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date _________ _
Orchard Maintenance
J!o?g A11deno11 By __________ _
Name Doug Anderson
Title President
Date Mar 13, 2023

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EXHIBIT A

SCOPE OF WORK

1. GENERAL REQUIREMENT
A. The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary to perform the pruning, fertilization, weed and pest control, tree removal and replacement, minor irrigation maintenance and other related services as described in this section.

B. All work performed by Contractor shall conform to the latest International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL-OSHA and the American National Standard Institute, Z133 Safety Requirements.

C. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. If the work requires excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

D. Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with applicable codes and regulations. All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel ( e.g. ground workers) shall have sufficient training so as to be capable of performing their functions in a safe and proficient manner.

E. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit 221
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mixers or transit equipment that may or may not be owned by the Contractor.

F. Contractor shall comply with all air pollution control rules, regulations, ordinances, and statues. The Contractor shall comply with the provisions of the Clean Air Act, as amended (42 W.S.C. 1957 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.) and the regulations there under (40 C.F.R. part 15).

G. The Contractor shall follow the appropriate best management practices contained in the California Storm Water Best
Management Practice Handbook, which is available from the Santa Clara Valley Water District Non-Point Source Program.

H. Upon completion of the scheduled work or at the end of the day, whatever occurs first, the Contractor shall clean the grounds occupied by Contractor in connection with the project, of all rubbish, debris, excess material, temporary structures, and equipment, leaving the entire site of the work in a neat and presentable condition.

I. The Contractor shall be responsible for the installation and removal of the temporary construction signs upon the completion of the Work. All signs shall be kept graffiti free at all times.

J. The Contractor shall submit work schedules to the Director of Public Works or his/her designee for approval as needed.

K. Existing improvements in areas adjoining the property whereon tree pruning work is being performed shall be protected from injury or damage resulting from operations of the Contractor.

L. Contractor is responsible for compliance with all laws applicable to orchard maintenance. Without limiting the generality of the foregoing, Contractor shall possess all permits and licenses required by the State of California, Department of Pesticide Regulation prior to the application of any pesticide or other regulated substance. Any pesticide used shall be listed on the State of California, Department of Pesticide Regulation's approved list and the Contractor shall submit all pesticide use reports to the County Agricultural Commissioner. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued the County Agricultural Commissioner.

M. Contractor is fully responsible for any and all damage done to public or private property that results from the Contractor's 222
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operations. Without limiting the generality of the foregoing this shall include, but not be limited to, the repair, removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices, fungicide damage, or lack of proper maintenance and operations.

This shall also include any damage done to buildings and other improvements due to the Contractor's negligence.

N. Contractor is responsible for the protection and securing of its work sites. This may include opening and closing of said sites. The Contractor shall post signage in the Orchard for any applications or procedures in the interest of public safety. The City shall be notified at least 48 hours prior to any such closure.

0. Contractor shall be required to respond promptly to any emergency situations reported by City staff and have the ability to be contacted at all times. If the City performs any work in the Orchard ( e.g., for repair of the irrigation system), City shall notify Contractor a minimum of five (5) business days prior to any and all work that is scheduled to be performed in the orchard by the City, its contractors and/or employees except in an emergency in which case City will notify Contractor as soon as reasonably possible. If additional orchard maintenance is required as a consequence of work performed in the orchard by the City, its contractors and/or employees, this additional scope of work will be negotiated with the Contractor and, if approved, will be paid to the Contractor by the City.

2. TREE PRUNING
All trimming/maintenance work shall be accordance with pruning standards as established in accordance with the standard practices for the fruit tree variety.

The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed/pruned. All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed from the site within five (5) days.

3. FERTILIZATION
The type of fertilizer, timing of fertilization, and application rates shall be consistent with the accepted standards for the varieties of fruit trees grown in the orchard and applied based on a lab analysis of soil and leaf samples taken at the appropriate time of year. Applications of fertilizer shall be applied in a manner consistent with label directions. Fertilizer must be approved by the City prior to each application. Supplemental fertilizer applications for areas showing poor growth may be requested by the City at Contractor's expense. Fertilizer shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be permitted. Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil. The Director of Public Works or his/her designee shall be notified one week prior to the date of the application by the Contractor.

4. WEED AND PEST CONTROL
Contractor shall conduct maintenance in accordance with the City of Cupertino's Integrated Pest Management (IPM) Program. Deviation from the IPM Program may only be permitted with prior approval of the Director of Public Works or his/her designee. Applicator shall possess a valid California Department of Pesticide Regulation (DPR) applicator's 224
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license or certificate.

A. Weeds
The Contractor shall be responsible for the control and elimination of weeds affecting trees. Weed growth must not exceed twelve (12) inches in height except for cover crops permitted to grow to its mature height. No pesticides may be used for weed control in the Orchard.

B. Deer
The Contractor is responsible for the protection of vulnerable trees from deer damage. This may be in the form of deer repellant or other methods approved by the City. Materials used for deer control must be approved by the City prior to use.

C. Gophers and Ground Squirrels
The Contractor is responsible for a consistent and humane trapping procedure.

5. TREE REMOVAL and REPLACEMENT
Specifications for Complete Tree Removal
a. Trees that are dying or otherwise in poor health and in need of replacement are to be removed and replaced after consulting with the City.
b. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type.
c. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property.
d. Removal of entire tree, stump remaining shall be no higher than four (4) inches above soil grade and shall be removed within 48 hours after tree removal.
e. Work shall begin within 10 days after each request and be diligently pursued until completion.
f. Contractor shall make all arrangements necessary to have power or utility lines temporarily disconnected, if necessary, for the safe removal 225
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of the tree.
g. When the removal requires special or additional means, the Contractor shall discuss with the City and obtain authorization to proceed. h. The Contractor is responsible for the survival of trees for one year after planting. Where new trees are planted among established trees, the Contractor is to provide any necessary supplemental watering ( over and above existing programmed irrigation) by hand to specific trees.

Activating an entire station to water several plants will not be permitted. Plant material that fails within the one-year period is to be replaced promptly at the Contractor's cost. Proposals shall assume that 2 trees will be removed/planted per year at each site.

6. MINOR IRRIGATION MAINTENANCE
The Contractor will be responsible for performing minor irrigation maintenance. The Contractor will operate the irrigation as required to maintain proper tree health throughout the orchard. Watering shall be accomplished at times of the day or night to ensure the health of all trees, and so that the inconvenience to people using the area will be kept to a minimum. Any water runoff or overflow onto roadways, sidewalks, and hard surface areas shall be kept to an absolute minimum.

The Contractor will conduct a system check of the irrigation system prior to an irrigation event to ensure optimum operation and to report any repairs or concerns to the Director of Public Works or his/her designee prior to any work being done. Minor repairs such as broken drip irrigation lines and valve replacement shall be performed by the Contractor after receiving prior approval from the City. The Contractor shall be responsible for all components of the irrigation system from the riser up. The City will maintain the water main, service and valves.

TYPICAL ANNUAL MAINTENANCE SCHEDULE

1. Remove and replace 14 trees in March-April 2023
• Trees to be removed to be identified by City staff
• Replacement Species to be determined by desire and availability

2. Weed and Pest control four visits each once per quarter starting in March/April of 2023

3. Minor irrigation maintenance as required from May through September

4. Apricot pruning (180 trees; 170 at Varian; 10 at Blackberry Farm) after harvest in July or August 2023
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5. Orange pruning (158 trees at Stocklmeir) in June or July 2023

6. Fertilize all trees in March/April 2023
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EXHIBIT B

SCHEDULE OF PERFORMANCE
Contractor shall complete all work annually as specified in Exhibit A through the contract term of March 31, 2026.

This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Maintenance Services as specified in Exhibit A. <<contractor name>>
<<job name>> 1 of 1
Exhibit A-Scope of Work, Schedule & Compensation
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EXHIBIT C
COMPENSATION or RA TE SHEET

1. MAINTENANCE SERVICES BUDGET
Contractor shall complete all work specified in Exhibit A for a not to exceed amount of $65,746 annually, for a total of $197,238.
<<contractor name>>
<<job name>> 1 of 1
Exhibit A-Scope of Work, Schedule & Compensation
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EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. 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. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant'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).
c. 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 Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or selfinsurance shall be called upon to protect City as a named insured. 2 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.

3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance ofno less than $1,000,000 per occurrence for bodily injury or disease.

D Not required. Consultant has provided written verification of no employees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services.

Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 1 230
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OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant'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).

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 Consultant's insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant 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. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, 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.

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 Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies.

Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.

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.

Exh. D-lnsurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 2 231
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE I ~

DATE (MM/DDIYYYY)
3/13/2023
~ ANDETRE-02 JYUAN
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER License# 0757776 ~2~1~cT Saengdao Vongpanya
HUB International Insurance Services Inc. Ft,8,NJo,Ext): (805) 361-1018 I FAX PO Box 3310 {A/C, No):(805) 832-6581
Santa Barbara, CA 93130-3310 ioMlJ~ss: [email protected] INSURERISl AFFORDING COVERAGE NAIC#
INSURER A: NOVA Casualtv Comoanv 42552
INSURED INSURER s: lnfinitv Select Insurance Comoanv 20260 Anderson's Tree Care Specialists, Inc. INSURER c : Benchmark Insurance Comoanv 41394 121 N. 27th Street INSURER D:

San Jose, CA 95116
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP IN<:n LIMITS ,.n,n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - □ CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED X X ARBML 1000008007 4/1/2022 4/1/2023 100,000 PREMISES /Ea occurrence\ $ f-- MED EXP (Anv one oerson l $ 5,000
f-- PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY [K] rrc?r □ LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $
B ~TOMOBILE LIABILITY rE~~~~~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO X 504610155516001 4/16/2022 4/16/2023 BODILY INJURY (Per oerson\ $ f-- OWNED - SCHEDULED f-- AUTOS ONLY f-- AUTOS BODILY INJURY (Per accidentl $ X HIRED X ~8to~1i"IJt~ ITROPERTYHAMAGE
AUTOS ONLY Per accident $ f-- -
$
A X UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 2,000,000 f-- EXCESS LIAS CLAIMS-MADE ARBUM1000016404 4/1/2022 4/1/2023 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 $
C WORKERS COMPENSATION XI ~ffTuTE I I OTHAND EMPLOYERS' LIABILITY ER YIN X CST5024318 10/8/2022 10/8/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [y:] E.L. EACH ACCIDENT $ 8FFICER/MEMBER EXCLUDED? N/A Mandatory In NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ ~m~rt~;~~ 'oWoPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Arborist Prof Liab. ARB ML 1000008007 4/1/2022 4/1/2023 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES \ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Job Ref: Consultation Contract Agreement-Pub ic Works.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants, and volunteers are included as Additional Insureds under the General Liability & Auto Liability policies, additional insured coverage applies when required by written contract per the attached forms #AGL20291118, CG 20 37 04 13 & 50461AIS01.

This insurance is considered Primary and Non-Contributory under the General Liability policy per attached form #AGL20291118.

Waiver of Subrogation under the General Liability & Workers Compensation policies applies per attached forms #AGL20291118 & WC 04 03 06 {Ed. 04-84).

Per Project Aggregate applies under the General Liability policy, per the attached form #AGL03801110.

SEE ATTACHED ACORD 101

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10300 Torre Avenue
Cupertino, CA 95014

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
I ~ © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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AGENCY CUSTOMER ID: ANDETRE-02 JYUAN ------------------- LO C #: _1 ______ _

ADDITIONAL REMARKS SCHEDULE
AGENCY License # 0757776
HUB International Insurance Services Inc.

POLICY NUMBER
SEE PAGE 1
CARRIER I: NAIC CODE
SEE PAGE 1 SEEP 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles:

Umbrella Liability is following form.

NAMED INSURED
Anderson's Tree Care Specialists, Inc.
121 N. 27th Street
San Jose, CA 95116
EFFECTIVE DATE: SEE PAGE 1
This certificate replaces and voids the certificate previously issued on 9/30/2022.

Page 1 of 1 ends

The ACORD name and logo are registered marks of ACORD
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY EXTRA ENDORSEMENT - CALIFORNIA
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:

1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

2. NON-OWNED WATERCRAFT EXTENSION
Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
(2) A watercraft you do not own that is:
a. Less than 52 feet long; and
b. Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.

This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.

3. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph (2) of j. Damage To Property is deleted and replaced by the following:
(2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.

4. The last paragraph of 2. Exclusions is deleted and replaced by the following:

Exclusions c. through n. do not apply to damage to premises while rented to you , or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE.

B. ADDITIONAL INSUREDS

1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured to your Policy. This additional insured status applies to liability because of "bodily injury", "property damage", or "personal and advertising injury", but shall not apply to any independent acts or omissions of such person or organization who qualifies as an additional insured. a. This endorsement applies only if the written contract or written agreement is:
(1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The insurance afforded to such additional insured only:
(1) Applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.

2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In connection with premises owned by or rented to you; or (2) In the performance of your ongoing operations.

AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
b. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
(2) Supervisory, inspection, or engineering services.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any "occurrence" which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent, or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
(1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decoration and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or "bodily injury", or "property damage" included within the "products-completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured but only with respect to liability caused, in whole or in part by the ownership, maintenance or use of that part of the premises leased to you.

This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is a grantor of a franchise, that person(s) or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or has some other interest in land that has been leased to you, that person(s) or organization(s) is only an additional insured with respect to liability caused, in whole or in part by the ownership, maintenance or use of that part of the land leased to you.

This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to lease that land; (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only an additional insured with respect to liability caused, in whole or in part, by the ownership, maintenance or use of the premises by you.

This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. j. If the additional insured has a controlling interest, that person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part, by:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy those premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that controlling interest.
k. If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your products" which are distributed or sold in the regular course of the vendor's business, but only if this Policy provides AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(1) This insurance afforded to the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
(e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products".
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.

3. With respect to the insurance afforded to an additional insured as provided in Paragraphs B.1. and B.2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

With respect to the insurance afforded to an additional insured as provided in paragraphs B.1. and B.2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.

If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above Paragraph B. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s).

4. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to include:

As respects the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary and noncontributory.

C. SECTION II - WHO IS AN INSURED is amended as follows:

BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:

3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.

D. Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I - COVERAGES, COVERAGE A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, or leaks from automatic fire protective systems.

E. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows:

1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the "occurrence", offense, claim or "suit" is known to:
a. You, if you are an individual;
b. A partner or member if you are a partnership or joint venture; c. An officer or director if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager if you are a limited liability company; or e. An insurance manager, risk manager or other "employee" you designate prior to loss to give notice to us.

Knowledge of an "occurrence", offense, claim, or "suit" by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.

2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:

If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not deny coverage under this Coverage Part because of such failure.

This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non-renewal.

3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:

We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury", provided that the "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

F. SECTION V- DEFINITIONS is amended as follows:

1. BODILY INJURY
The definition of "bodily injury" in Paragraph 3. is deleted and replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time.

2. PERSONAL AND ADVERTISING INJURY
The definition of "personal and advertising injury" in Paragraph 14.b. is deleted and replaced by the following:

Abuse of process; and malicious prosecution;
All other terms and conditions of the policy remain unchanged.

AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission .

INSURED

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POLICY NUMBER:ARB-ML- 1 0 0 0 0 0 8 0 - 07 COMMERCIAL GENERAL LIABILITY CG 20 370413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Narre Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Ooerations Blanket as required by
written contract.

Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
''your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

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

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

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

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

1. Required by the contract or agreement; or

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

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

CG 20 370413 © Insurance Services Office, Inc., 2012 Page 1 of 1

INSURED
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Customer Service: (800) 722-3391
Infinity Commercial Auto
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Claims Service: (800) 334-1661

ADDITIONAL NAMED INSURED ENDORSEMENT
I copy To Policy ID Number I Expiration Date
504-61015-5516-001 I 04/16/2023 12:01 a.m.

Andersons Tree Care Specialists Inc Named Insured 121 N 27th St San Jose, CA 95116-1119 Andersons Tree Care Specialists Irie This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested.

Additional Insured
City of Cupertino, its City Council, boa
Part A - Liability Coverage, is changed as follows:

The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance.

All other parts of this Policy remain unchanged.

INSURED COPY AMEND DATE: 04/16/2022
50461AIS01 ENDORSEMENT: 2-1
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 0403 06
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

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

Schedule
Person or Organization Job Description
Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/08/2022
Policy Effective Dates: 10/08/2022 - 10/08/2023
Insured: Anderson's Tree Care Specialists, Inc.

Policy No.: CST5024318
Carrier Name/ Code: Benchmark Insurance Company A
WC 04 03 06 Countersigned by
(Ed. 04-84)
© Copyright 1984 National Council on Compensation Insurance, Inc.

Endorsement No.

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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE

LIMIT AND TOTAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
The following is added to the Limits of Insurance shown in the Declarations:

Designated Construction Project Aggregate Limit
(Other Than Products-Completed Operations)
Total Aggregate Limit
(Other Than Products-Completed Operations)
$1,000,000
$5,000,000
Desi!'.lnated Construction Proiect(s): PER SCHED. ON FILE WITH THE COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which can be solely attributed to operations at a single designated construction project shown in the Schedule above:

1. The Designated Construction Project Aggregate Limit as shown in the above Schedule is the most we will pay for each construction project designated in the Schedule above.

2. The Designated Construction Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought;
c. Persons or organizations making claims or bringing "suits"; or d. Designated construction projects shown in the Schedule above.

3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. The Designated Construction Project Aggregate is subject to the Total Aggregate. However, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Aggregate Limit.

AGL03801110 Includes copyright material of Insurance Services Office, Inc. with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be solely attributed to operations at a single designated construction project shown in the Schedule above:

1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the ProductsCompleted Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project Aggregate Limit.

C. The Total Aggregate Limit shown in the Schedule above is the most we will pay for all payments made under the Designated Project Aggregate Limit for all designated projects and all payments made under the General Aggregate. This includes:

1. Damages under COVERAGE A except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard";

2. Damages under COVERAGE B; and

3. Medical Expenses under COVERAGE C.

D. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "productscompleted operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and will not reduce the General Aggregate Limit or the Designated Construction Project Aggregate Limit.

E. Any payments made for damages because of "personal and advertising injury" sustained by any one person or organization under COVERAGE B, remain subject to the Personal And Advertising Injury Limit and do not apply to the Designated Construction Project Aggregate Limit. Such payments shall reduce the General Aggregate Limit and the Total Aggregate Limit.

F. Any payments made for damages or medical expenses to which the Designated Construction Project Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the Designated Construction Project Aggregate Limit for that designated construction project.

Such payments shall not reduce the General Aggregate Limit nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above, subject to the Total Aggregate.

G. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggregate Limit shown in the Declarations. Such payments shall not reduce the Designated Construction Project Aggregate Limit for any designated construction project shown in the Schedule above.

H. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

I. The provisions of SECTION Ill - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms and conditions of the policy remain unchanged.

AGL03801110 Includes copyright material of Insurance Services Office, Inc. with its permission.

INSURED

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Anderson's Tree Care for Orchard Maintenance
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-03-13
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAMe2rxosozSThfMzutJuhv803g_ 121A Y s
2023-03-13
"Anderson's Tree Care for Orchard Maintenance" History
fl Document created by City of Cupertino ([email protected]) 2023-03-13- 4:52:42 PM GMT- IP address: 35.229.54.2
g Document emailed to Julia Kinst [email protected]) for approval 2023-03-13 - 4:54:48 PM GMT
0'0 Document approved by Julia Kinst [email protected]) Approval Date: 2023-03-13 -4:56:07 PM GMT - Time Source: server- IP address: 24.237.36.180 g Document emailed to Doug Anderson ([email protected]) for signature 2023-03-13 - 4:56:08 PM GMT
J,.\ Document shared with Jimmy Tan, [email protected]) by City of Cupertino ([email protected])
2023-03-13- 4:58:08 PM GMT- IP address: 24.237.36.180
J,.\ Document shared with Kimberly Lunt ([email protected]) by City of Cupertino ([email protected]) 2023-03-13 - 4:58:09 PM GMT- IP address: 24.237.36.180
fl Email viewed by Doug Anderson ([email protected]) 2023-03-13 - 7:38:25 PM GMT- IP address: 96.82.97.182
&0 Document e-signed by Doug Anderson ([email protected]) Signature Date: 2023-03-13 - 7:38:43 PM GMT - Time Source: server- IP address: 96.82.97.182 0 Agreement completed.
2023-03-13- 7:38:43 PM GMT
I Poweredby
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<:vr<IITINo Acrobat Sign
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Attachment B
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2022-2023

BY APPROPRIATING MONIES FOR THE ORCHARD MAINTENANCE

SERVICES
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 allocations and ratifies the attached amended appropriations as set forth in Exhibit A.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to appropriate funds would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of March 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Exhibit A
Fund Revenue Expenditure (Use of) Fund
Balance
100 $0 $12,237.00 $12,237.00
TOTAL $0 $12,237.00 ($12,237.00)
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CITY OF CUPERTINO
Agenda Item
23-12069 Agenda Date: 3/21/2023
Agenda #: 6.

Subject: Consider authorizing execution of an On-Call Tree Maintenance Services Contract with West Coast Arborists, Inc.

Authorize the City Manager to execute an On-Call Maintenance Service Contract with West Coast Arborists, Inc. for three years, at an annual amount not-to-exceed $200,000 per year, for a total of $600,000 and if performance is satisfactory, allow up to two additional years of service.

CITY OF CUPERTINO Page 1 of 1 Printed on 3/15/2023
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CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
Consider authorizing execution of an On-Call Maintenance Services Contract with West Coast Arborists, Inc.

Recommended Action
Authorize the City Manager to execute an On-Call Maintenance Service Contract with West Coast Arborists, Inc. for three years, at an annual amount not-to-exceed $200,000 per year, for a total of $600,000 and if performance is satisfactory, allow up to two additional years of service.

Reasons for Recommendation
The City of Cupertino’s Public Works Maintenance Services Divisions are responsible for the maintenance of street trees, park trees, and parking lot trees on City owned properties and within the public right-of-way. The City’s tree population is over 20,000, of which 4,200 are located within parks, and is diverse in both species and age.

Although the City uses in-house staff to perform tree maintenance, there are instances where an outside tree company assists the City in completing tree maintenance work.

Those instances include tree trimming where special equipment is needed to remove or maintain the trees, lack of City staff availability, and emergency tree service needs to protect the safety of the public.

The scope of work for the on-call tree maintenance services includes removing small or large trees, trimming, and chipping branches, pruning trees, trimming, or removing diseased or damaged trees, grinding stumps, hauling off debris, and emergency response.

On October 24, 2022, the City issued the Request for Proposal (RFP) to competitively select a firm for the on-call tree maintenance services. The RFP required the firms to submit a written proposal that included a cover letter, work plan and approach, description of the firm’s qualifications and experience, key personnel and their responsibilities, cost proposal and references.
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This is an on-call contract to provide services on unanticipated needs. As a means of comparing potential costs of the proposal, each vendor provided sample unit or line item pricing in the RFP for services that the City would likely request the successful firm to perform. When tree maintenance services are needed, the unit prices will be used to determine the overall cost of the work request. Based on these unit costs and an assessment of the qualifications of each firm, West Coast Arborists was identified as the most advantageous vendor for the City.

The following six firms provided proposals on December 9, 2022.

On Call Tree Maintenance Contractor
Anderson Tree Care Specialists, Inc.

The Professional Tree Care Co.

Bay Area Tree Specialists
Community Tree Service, Inc.

Arborist Now, Inc.

West Coast Arborists, Inc.

West Coast Arborists, Inc. has been in business since 1972 and has worked for more than 330 California and Arizona municipalities. The firm has over 1,100 full-time employees providing tree maintenance services and has the experience and qualifications to perform the on-call service needs of the City. The company has been providing similar tree maintenance services for municipalities in the South Bay, which include the City of Palo Alto, Town of Los Gatos, City of Gilroy, City of Mountain View, City of Sunnyvale, City of Monterey, and City of Hollister.

The initial term of this contract is three years starting in Fiscal Year 2023-2024 and can be extended for two additional one-year terms, for a total of five years.

Sustainability Impact
This contract is supportive of Cupertino’s Climate Action Plan 2.0, advancing strategies which maintain and expand the urban tree canopy to provide carbon sequestration and other environmental benefits. Proper and timely tree maintenance promotes healthy trees and reduces the likelihood of dead or dying branches and falling limbs.

Fiscal Impact
No appropriation is required for this action. The necessary funds for tree maintenance work are included in the base budget request. There is no fiscal impact caused by approving this On-Call Tree Maintenance Service Contract.

California Environmental Quality Act (CEQA)
Tree maintenance activities are exempt from CEQA under CEQA Guidelines section 15301 (maintenance of existing facilities) and section 15304 (minor alterations to land). _____________________________________
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Prepared by: Jimmy Tan, Assistant Director of Public Works Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Contract
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CITY OF

CUPERTINO
fl

1. PARTIES

ON-CALL PUBLIC WORKS CONTRACT
WITH West Coast Arborists, Inc.

This On-Call Public Works Contract ("Contract") is made by and between the City of Cupertino, a municipal corporation ("City"), and West Coast Arborists, Inc. ("Contractor") a Corporation for OnCall Tree Maintenance Services , and is effective on the last date signed below ("Effective Date").

2. SCOPE OF WORK

2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work described in the Scope of Work ("Work"), attached and incorporated here as Exhibit A, on an asneeded basis. The Work must comply with this Contract and with each Service Order issued by the City's Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City's best interests. In particular, in emergency situations, the City Project Manager may execute a Service Order for emergency work based on oral conversations with the Contractor, without adhering to the full process outlined in this section. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order.

3. TIME OF PERFORMANCE

3.1 Term. This Contract begins on the Effective Date and ends on March 31 , 2026 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Contract, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. , _

3.2 Schedule of Performance. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time.

3.3 Time is of the essence for the performance of all the Work required in this Contract and in On-Call Tree Maintenance Services

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each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Work on time. Contractor must respond promptly to each Service Order request.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work based upon actual costs and capped so as not to exceed $200,000.00 ("Contract Price"), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.

4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.

4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice.

Any retained amounts will be included with Contractor's final payment within sixty (60) days of City's acceptance of the Work pursuant to a specific Service Order as complete.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons hired to work under this Contract. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City.

5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry.

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor's License in good standing for the following classification(s):
, which must remain valid for the entire Contract Time.

5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract.

Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Work under this Contract.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Contract and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Contract On-Call Tree Maintenance Services

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or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Contract, or to promptly remit to City any payments due by the City as a result of such determination, so that the City's total expenses under this Contract are not greater than they would have been had the determination not been made.

6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.

7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract 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. This Contract is binding on Contractor, its heirs, successors, and permitted assigns.

8. PUBLICITY/ SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one ( 1) year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

9. SUBCONTRACTORS

9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to % of the Work under any give Service Order, provided that each subcontractor is required by contract to be bound by the provisions of this Contract and any applicable Service Order. Contractor must provide City with written proof of compliance with this provision upon request.

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9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code.

If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work under a particular Service Order if the Work involves work by subcontractors.

10. RECORDS AND DAILY REPORTS

10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Work pursuant to a Service Order. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies.

10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation.

10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four ( 4) years from the date of City's final payment.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Contract or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors.

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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract.

11.3 Contractor's duties under this entire Section 11 are not limited to Contract Price, Workers' Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction.

11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance ofthis Contract. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Contract.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City.

City will not execute the Contract until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Contract.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Work, as required by the Immigration Reform and Control Act.

13.2 Labor Laws.
a. The following provisions apply to any Service Order of $1,000 or more:
i. In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the On-Call Tree Maintenance Services

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California Department of Industrial Relations ("DIR") to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
ii. Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. 111. Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
iv. Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. v. Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request.
vi. Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
vii. Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations.
b. Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of$ per worker for each day of violation.
c. As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract."
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Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or subcontractors will not be tolerated.

Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants, and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all other rights and remedies available under the law and this Contract, including the right to seek indemnification under Section 11 of this Contract.

14. BONDS
For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the compensation pursuant to the Service Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be issued by a surety admitted in California, with a financial rating from AM. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Service Order or Contract. City will not authorize work under a Service Order until the required bonds are submitted.

15. UTILITIES, TRENCHING, AND EXCAVATION

15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts On-Call Tree Maintenance Services

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for street lighting and traffic signal conduits, City's Service Center must be called at ( 408) 777- 3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract.

15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work.

15.3 For Service Orders where compensation is $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards.

The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer.

16. URBAN RUNOFF MANAGEMENT

16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; On-Call Tree Maintenance Services

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(d) After breaking old pavement, remove debris to avoid contact withrainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.

These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines.

17. PROJECT COORDINATION
City Project Manager. The City assigns Jimmy Tan as the City's representative for all purposes under this Contract, with authority to oversee the progress and performance of the Scope of Work.

City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Juan Ortiz as its single Representative for all purposes under this Contract, with authority to oversee the progress and performance of the Work. Contractor's Project manager is responsible for coordinating and scheduling the Work in accordance with City instructions, service orders, and the Schedule of Performance. Contractor must regularly update the City's project manager about the status, progress and any delays with the work. City's written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.

18. ABANDONMENT AND TERMINATION

18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time· to close out Work under a Service Order. With City's pre-approval in writing, the time spent in closing out Work under a Service Order will be compensated up to ten percent ( 10%) of the total time expended in performing the Work.

18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work.

18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products, and deliverables completed.

19. GOVERNING LAW. VENUE. AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial On-Call Tree Maintenance Services

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evidence and include detailed written findings of law and fact.

20. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs.

21. SIGNS/ ADVERTISEMENTS
No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location.

22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.

23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.

24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance.

25. ENTIRE AGREEMENT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.

26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect.

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27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends.

28. INSERTED PROVISIONS
Each provision and clause required by law for this Contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.

29. HEADINGS
The headings in this Contract are for convenience only, are not a part of the Contract and in no way affect, limit, or amplify the terms or provisions of this Contract.

30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document.

31. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino
Office of the City Manager
10300 Torre Ave., Cupertino CA 95014
Attention: Jimmy Tan
Email: [email protected]

32. EXECUTION
To Contractor: West Coast Arborists, Inc.
2200 E. Via Burton Anaheim CA 92806
Attention: Juan Ortiz
Email: [email protected]
The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. This Contract may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused the Contract to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By ________ _
Name _________ _
Title _________ _
Date _________ _
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date, _________ _
On-Call Tree Maintenance Services
West Coast Arborists, Inc.

By~
Name Pat Mahoney
Title President
Date Mar 2, 2023
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EXHIBIT A

SCOPE OF WORK
The scope of contracted work shall consist of pruning, removal, stump grinding, and other maintenance of trees, along street corridors, and throughout parks, open spaces and facilities within the City of Cupertino, hereafter referred to as the City. Work shall be administered and approved by representatives of the Department of Public Works.

1. GENERAL REQUIREMENTS
A. Contractor shall be aware of and shall comply with the City Codes governing tree work, traffic control and any other regulations that may affect operations.

B. The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary to perform the pruning, removal of trees, stump grinding and other arboriculture related services as described in this section, in accordance with these specifications and subject to the terms and conditions of the contract.

C. All work performed by Contractor shall conform to the latest International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL-OSHA and the American National Standard Institute, Z133 Safety Requirements.

D. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. In the event that work requires excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

E. Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with applicable codes and regulations. All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel ( e.g. ground workers, traffic control staff) shall have sufficient training so as to be 263
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capable of performing their functions in a safe and proficient manner.

F. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor.

G. Contractor shall comply with all air pollution control rules, regulations, ordinances, and statues. The Contractor shall comply with the provisions of the Clean Air Act, as amended (42 W.S.C. 1957 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.) and the regulations there under (40 C.F.R. part 15).

H. The Contractor shall follow the appropriate best management practices contained in the California Storm Water Best
Management Practice Handbook, which is available from the Santa Clara Valley Water District Non-Point Source Program.

I. Upon completion of the scheduled work or at the end of the day, whatever occurs first, the Contractor shall clean all the streets and grounds occupied by Contractor in connection with the project, of all rubbish, debris, excess material, temporary structures, and equipment, leaving the entire site of the work in a neat and presentable condition. All cleanup and disposal cost shall be included as part of this contract at no additional cost to the City.

J. The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the maintenance area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until such time that · a sufficient number of these protection devices have been delivered to the project site and placed on site for use.

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work, the Contractor will supply and post at no less than 200' intervals on each side of the street "Temporary No Parking" signs 72 hours before the start of construction and to report the time of posting to the Sheriff's Department for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the Work. All signs shall be kept graffiti free at all times. · L. Should the Contractor appear neglectful in furnishing warning and protection devices as outlines above, the Director of ~ublic Works or his/her designee may direct attention to the existence of a hazard and the necessity of additional or different measures which shall be furnished and installed by the Contractor at Contractor's own expense, free of any cost to the City. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Director of Public Works or his/her designee may direct City forces to provide the necessary protective and warning devices as deemed appropriate by the Director of Public Works or his/her designee. The cost accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective warning devices shall not relieve the Contractor from responsibility for public safety or abrogate Contractor's obligation to furnish and pay for these devices.

M. The Contractor shall submit any and all work schedules and/or traffic control plans to the Director of Public Works or his/her designee for approval as needed.

N. Existing improvements in areas adjoining the property whereon tree pruning work is being performed shall be protected from injury or damage resulting from operations of the Contractor.

2. TREE PRUNING
All trimming/maintenance work shall be accordance with pruning standards as established by the latest edition of the International Society of Arboriculture Western Chapter. In all cases, the Director of Public Works or his/her designee shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the 265
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Contractor.

Maintenance pruning of trees is based on tree species, growth characteristics, tree form, tree condition, and tree structure. Tree evaluation before pruning determines what pruning must be performed to achieve or enhance a tree's structural integrity, appearance, or desired size. City trees are pruned to raise for clearance to reduce its size and to restore after damage to tree has occurred.

The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed. All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. Branches that are developing in a manner as to become larger than the limbs they originate from shall be removed. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure. All cuts shall be made just outside the branch collar to the parent stem so that the wound closure can readily start under normal conditions.

Final pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth.

Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should be removed.

All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless approved by the Director of Public Works or his/her designee.

Contractor shall consult the Director of Public Works or his/her designee before making any cuts that could result in permanent disfigurement of the structure of any tree. If Contractor is, at any time, unclear on what course of action to follow in the field, Contractor shall consult with the Director of Public Works or his/her designee.
a. Contractor shall comply with Standards of CAL-OSHA and the American National Standard Institute Safety Requirements. 266
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b. The Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, Contractor is responsible for appropriate notification of Underground Service Alert (USA).
c. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on trees shall be removed at ground level.
d. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
e. Contractor shall maintain at least one (1) English speaking arborist, on-site, at all times.
f. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. g. Topping shall not be done without prior approval of the City.

Specifications for Complete Trim
a. Low branches overhanging streets shall be removed, where practical, to a minimum height above the street grade to fifteen feet (15'). Low branches overhanging sidewalks and parkway shall be removed to a minimum height of seven feet (7') and without detracting from the natural shape of the tree.
b. Shorten the length of limbs which extend beyond the natural perimeter of an otherwise symmetrical form.
c. Prune end branches to lighten end weight where such overburden appears likely to cause breakage of limbs. Remove cross limbs, water sprouts and suckers. Remove or subordinate competing central leaders as appropriate.
d. All trees on which vines are growing shall have said vines removed.

Vine tendrils shall be removed in a manner which will not injure trees or cause scaring of low branches and tree trunks.
e. Young trees shall be structurally pruned in accordance with Ansi A-300 Best management practices for Pruning.

3. TREE REMOVAL
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Specifications for Complete Tree Removal
a. The trees to be removed will be marked in a manner determined by the Director of Public Works or his/her designee. Only those trees so marked shall be removed by the Contractor.
b. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type.
c. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in City of Cupertino. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified crane operators shall not result in additional charges to the City.
d. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property.
e. Removal of entire tree, stump remaining shall be no higher than four (4) inches above soil grade and shall be removed within 48 hours after tree removal.
f. Work shall begin within 10 days after each request and be diligently pursued until completion.
g. Contractor shall make all arrangements necessary to have power or utility lines temporarily disconnected, if necessary, for the safe removal of the tree.
h. When the removal requires special or additional means, there shall be no additional units or overall cost to the City without the authorization of the Director of Public Works or his/her designee.

4. STUMP REMOVAL
Specifications for stump and surface root removal:
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Stumps shall be ground to a minimum of twelve (12") inches below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. For larger tree removals, the Contractor shall grind an additional twelve (12) inches around the circumference of the removed trunk, or import soil as needed to till into backfill in order to attain even grade with the adjacent ground. All wood, debris and excess mulch shall be removed, and the surrounding area shall be raked and /or swept clean.

NOTE: If stump grinding does not follow within the same workday as removal, a safety barricade shall be placed and maintained over the stump until the stump grinding is complete.

The Contractor shall be responsible for contacting Underground Service Alert for the locating of underground utilities prior to stumping operations. The Contractor is also responsible for identifying the location of all public and private property landscape irrigation prior to the removal of a tree and its roots. The Contractor shall be responsible for the repair of any private property irrigation system components that are damaged during a tree removal or stump grinding. Repairs should be made using components matching those that were damaged.

All lateral surface roots shall be removed to a depth of 8 inches (8") below grade. When sidewalk is present, remove all surface roots between the curb and sidewalk. When no sidewalk is present, remove surface roots.

Backfill material shall be compacted to provide for minimal settling. It shall consist of an equal mixture of soil and stumped material which shall be three (3) inches above grade to provide for any soil settlement.

5. GROWTH REGULATOR APPLICATION
If requested, the Contractor shall apply all herbicides and chemicals in accordance with law. The Contractor shall use legally approved herbicides and chemicals in proportions to the manufacturer's recommendations.

The instructions on the label shall be followed explicitly and special care shall be exercised in application. When spraying, special care shall be exercised to prevent unnecessary discomfort to the people in the area. 269
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Exhibit B

CITY OF CUPERTINO

MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER NO. Choose
Master Agreement Contract #: MA Date:

Maximum Compensation: MA End Date:

Consultant: Firm Name:

Address:

Contact: Ph:

Project Name:
8Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation
City Project Management
Managing Department: Public Works Project Manager: ---------------- Fiscal/Budget:

SO Acc't#:

Project#:

Approvals Signatures:

Consultant/
Contractor
Manager/
Supervisor:

Master Agreement Maximum Compensation:
---------- Tot al Previously Encumbered to Date: ---------- Enc umbra n c e this Service Order:
---------- Master Agreement Unencumbered Balance:
----------
PO#:

Date:

Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: ---------------- Management Analyst City of Cupertino Master Agreement Service Order 191002 271
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ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS
Insurance Requirements: Exhibit C
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

I. Commercial General Liability ("CGL"): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( 1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor'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 CG 20 10 0413 c. 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 Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1 ), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR.
□ N/A if box checked (Contractor provides written verification it has no employees).

4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
~ N/A if box checked (Contract is not design/build) ..

5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Insurance Requirements for On-Call Public Works Construction Contracts I
Version: Jan. 202 I
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1:8:1 N/A if box checked (Project does not involve construction or improvements/installations to property).

6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 1:8:1 N/A if box checked (Project does not involve environmental hazards) If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 3 7 if a later edition is used.

Primary Coverage
For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City.

Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager.

Builder's Risk
Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any Insurance Requirements/ or On-Call Public Works Construction Contracts 2 Version: Jan. 2021
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building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site.

Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of"A" or better and a financial size rating of"VII" or better.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13 .

Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorize~ to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
1325217.1
Insurance Requirements for On-Call Public Works Construction Contracts 3 Version: Jan. 2021
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~ I AC~RD DATE(MM/DD/YYYY) ® ~ CERTIFICATE OF LIABILITY INSURANCE 06/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER CONTACT
Aon Risk Insurance Services NAME: west, Inc. PHONE (866) 283-7122 I r..ifc. No.l: (800) 363-0105 Los An1eles CA office (A/C. No. Ext):
707 wi shire Boulevard E-MAIL
suite 2600 ADDRESS:

Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Starr Indemnity & Liability Company 38318 west coast Arborists, Inc. INSURER B: Starr Specialty Insurance Company 16109 2200 E Via Burton
Anaheim CA 92806 USA INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570094093881 REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ·~ti\' TYPE OF INSURANCE f~tJ ~o POLICY NUMBER (MMn>DIYYYYl (MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY - -""-"-~21 Uf/U1-/LULL IU/ /U1-/ LUL EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0occuR UM.IVlMl.,;IC I U nc:n1 I cu $1,000,000 PREMISES (Ea occurrence\ MED EXP (Any one person) $5,000
- PERSONAL & ADV INJURY $2 , 000,000
-GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Fl POLICY 0PRO X JECT - OLoc PRODUCTS - COMP/OP AGG $4,000,000 OTHER:

A ALrrOMOBILE LIABILITY 1000198198221 07/ 01/2022 07/01/2023 COMBINED SINGLE LIMIT $2,000,000 tEa ac ident' - BODILY INJURY ( Per person) X ANY AUTO
- OWNED ~ SCHEDULED BODILY INJURY (Per accident) AUTOS
- AUTOS ONLY - NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) - ONLY - AUTOS ONLY

UMBRELLA LIAB H OCCUR EACH OCCURRENCE
- EXCESS AGGREGATE LIAB CLAIMS-MADE

DEDI I RETENTION
B WORKERS COMPENSATION AND 1000004228 07/01/2022 07/01/2023 X I PER STATUTE I IOTH- EMPLOYERS' LIABILITY YI N workers Comp CA ER

ANY PROPRIETOR / PARTNER / EXECUTIVE
~ SIR applies per policy ter ns & condi ions E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000 , 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space is required) City of Cupertino, its City Council, officers, officials, employees, a~ents, servants and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein are Primary and Non-Contributorb to other insurance available to an Additional Insured , but only in accordance with the policy's provisions. A Waiver of Su rogation is granted in favor of the City of Cupertino, its Cith Council, officers, officials , employees, agents, servants and volunteers in accordance with the policy provisions oft e General Liability and workers compensation policies .

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

City of Cupertino AUTHORIZED REPRESENTATIVE
10300 Torre Avenue
Cupertino CA 95014 USA SL ~fn4Uta_ 9'ewa.1 ~k
©1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 0 w
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AGENCY
AGENCY CUSTOMER ID: 570000083713
LOC#:

ADDITIONAL REMARKS SCHEDULE NAMED INSURED
Aon Risk Insurance services west, Inc. west coast Arborists, Inc.

POLICY NUMBER
see certificate Number: 570094093881

CARRIER I NAICCODE
see certificate Number: 570094093881 EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER($} AFFORDING COVERAGE NAIC#

INSURER

INSURER
Page _ of_
I ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

POLICY POLICY INSR ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS

LTR TYPE OF INSURANCE INSD WVD DATE DATE
{MM/DD/YYYY) (MM/DD/YYYY)

WORKERS COMPENSATION
A N/A 1000004229 07/01/2022 07/01/2023
workers comp AZ
SIR applies per policy te ms & condit ons
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: 1000100141221
Effective: 07/01/2022

COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s): Location(s) Of Covered Operations
Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

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

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

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

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

1. Required by the contract or agreement; or

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

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

CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 277
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POLICY NUMBER: 1000100141221
Effective: 07/01/2022

COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations
Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

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

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

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

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

1. Required by the contract or agreement; or

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

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

CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 278
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POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20 4810 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date: 07/01/2022

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

Where required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph 0.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 279
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e Starr Indemnity & Liability Company
Dallas, TX 1-866-519-2522
Primary and Non-Contributory Condition
Policy Number: 1000100141221 Effective Date: July 1, 2022 at 12:01 A.M.

Named Insured: West Coast Arborists, Inc.

This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
A. SECTION IV - CONDITIONS, condition 4. Other Insurance is amended as follows:

1. The following is added to paragraph 4.a. of the Other Insurance condition:

This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

Signed for STARR INDEMNITY & LIABILITY COMPANY
Nehemiah E. Ginsburg, General ~ ounsel
OG 107 (04/11) Page 1 of 1
Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved.

Includes copyrighted material of ISO Properties, Inc., used with its permission. 280
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POLICY NUMBER: 1000100141221
Effective: 07/01/2022

COMMERCIAL GENERAL LIABILITY
CG 20 12 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

Where Required Bv Written Contract
Information reauired to complete this Schedule if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".

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

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

1. Required by the contract or agreement; or

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

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

CG 20 12 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 281
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

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

The additional premium for this endorsement shall be
otherwise due on such remuneration.
_2_._0_% __ of the California workers' compensation premium Schedule
Person or Organization
Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.

Job Description
Where required by contract
This endorsement changes the policy to which ii is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/2022
Insured: West Coast Arborists, Inc.

Insurance Company: Starr Specialty & Liability Company
WC 0403 06
(Ed. 04-84)
Policy No.: 100 0004228
Premium:

Countersigned by~
Endorsement No.:

Page 1 of 1 ends

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West Coast Arborists, Inc for On-Call Tree
Maintenance Services
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-03-02
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAxt_ YLANoSnp7E9aXm-YjXlePQS_u4W-_
2023-03-02
"West Coast Arborists, Inc for On-Call Tree Maintenance Servic es" History
fJ Document created by City of Cupertino ([email protected]) 2023-03-02 - 11 :26:08 PM GMT- IP address: 35.229.54.2
k?.. Document emailed to Julia Kinst [email protected]) for approval 2023-03-02 - 11 :27: 18 PM GMT
&0 Document approved by Julia Kinst [email protected]) Approval Date: 2023-03-02 - 11 :27:45 PM GMT - Time Source: server- IP address: 216.198.1 11 .214 k?.. Document emailed to Pat Mahoney ([email protected]) for signature 2023-03-02 - 11 :27:47 PM GMT
fJ Email viewed by Pat Mahoney ([email protected])
2023-03-02 - 11 :35:21 PM GMT- IP address: 174.205.229.53 0o Document e-signed by Pat Mahoney ([email protected]) Signature Date: 2023-03-02 - 11 :36:09 PM GMT - Time Source: server- IP address: 174.205.229.53 0 Agreement completed.
2023-03-02 - 11 :36:09 PM GMT
I Poweredby
Adobe
Acrobat Sign
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CITY OF CUPERTINO
Agenda Item
23-12074 Agenda Date: 3/21/2023
Agenda #: 7.

Subject: Consider petition for reconsideration regarding the City Council decision of February 7, 2023 to uphold the appeal in part, approve one of the two requested freeway-oriented signs, and deny the requested sign exception. Application No(s): EXC-2022-003; Applicant(s): David Ford (All Sign Services); Location: 20565 Valley Green Dr.; APN #326-10-044.

That the City Council conduct a public hearing, adopt Resolution No. 23-039 (Attachment A) denying the petition for reconsideration.

CITY OF CUPERTINO Page 1 of 1 Printed on 3/15/2023
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CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
Consider petition for reconsideration regarding the City Council decision of February 7, 2023, to uphold the appeal of Planning Commission Resolution No. ______ in part, approve one of the two requested freeway-oriented signs, and deny the requested sign exception. Application No(s): EXC-2022-003; Applicant(s): David Ford (All Sign Services); Location: 20565 Valley Green Dr.; APN #326-10-044.

Recommended Actions
That the City Council conduct a public hearing and adopt Resolution No. 23-XXXX (Attachment A) denying the petition for reconsideration.

Reasons for Recommendation
Basis for Reconsideration
City of Cupertino Municipal Code (“CMC”), Section 2.08.096 authorizes any interested person to petition the City Council to reconsider any adjudicatory decision made by the Council. A petition for reconsideration must “specify, in detail, each ground for reconsideration.” (CMC § 2.08.096(B).) The grounds for reconsideration are limited to the following:

1. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing.

2. An offer of relevant evidence which was improperly excluded at any prior city hearing.

3. Proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction.

4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing.

5. Proof of facts which demonstrate that the City Council abused its discretion by:
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EXC-2022-003 Public Storage March 21, 2023
20565 Valley Green Dr. Page 2
a. Not preceding in a manner required by law; and/or
b. Rendering a decision which was not supported by findings of fact; and/or
c. Rendering a decision in which the findings of fact were not supported by the evidence.
(CMC § 2.08.096(B).)
A petition for reconsideration is subject to a reconsideration fee as prescribed by resolution of the City Council. At the conclusion of the reconsideration hearing, the City Council may, in its sole discretion, refund all, or a portion, of the reconsideration fee. (CMC § 2.08.096(C.)
Reconsideration Petition
The petition for reconsideration was submitted by Rhoda Fry (Attachment B). The petition requests reconsideration of the approval of one of the two freeway-oriented signs proposed by the applicant and lists the alleged grounds for reconsideration of the Council’s February 7, 2023 decision in a letter submitted with the Reconsideration Petition form.

Municipal Code section 2.08.096 requires Council to conduct a public hearing regarding the reconsideration petition and adopt findings of fact based on the evidence submitted concerning the matter. Council may reverse or modify its decision only if substantial evidence supports one of the grounds for reconsideration listed above. This hearing on the petition for reconsideration constitutes the third full hearing conducted by the City regarding the Project.

The alleged grounds for reconsideration are based on all the grounds for reconsideration as listed in CMC Section 2.08.096. Each of the alleged grounds for reconsideration as submitted by the petitioner are summarized below.

First, the petition argues that reconsideration is warranted because there is no relevant evidence, which, in the exercise of reasonable diligence, could not have been produced at any earlier City hearing. The petition cites a Public Storage blog post, without explaining why the post is relevant to the interpretation of the Sign Ordinance. Otherwise, the petition presents arguments and evidence that were available at the time of Planning Commission and City Council hearings regarding the application, and offers no 287
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EXC-2022-003 Public Storage March 21, 2023
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explanation as to why such evidence could not have been introduced at the time of those hearings. Staff recommends denying reconsideration on this ground.

Second, the petition argues that the City Council proceeded without or in excess of its jurisdiction, citing an undefined “validation from Caltrans.” However, the Council clearly has jurisdiction to review the Planning Commission’s decision and affirm, modify, or reverse it. Staff recommends denying reconsideration on this ground.

Third, the petition argues that evidence was improperly excluded from the hearing, citing various evidence that was allegedly not presented to Council. However, no evidence was excluded from the hearing. The failure of an interested party to submit evidence that could have been produced at the prior hearing is not a basis for reconsideration. Staff recommends denying reconsideration on this ground.

Fourth, the petition argues that Council failed to provide a fair hearing, citing discussion of the Sign Ordinance by City staff. There is no evidence that any interested party was deprived of the opportunity to present evidence or that the hearing did not meet standards of procedural fairness, including notice and an opportunity to be heard. Staff recommends denying reconsideration on this ground.

Fifth, the petition argues that Council abused its discretion because a Councilmember compared the Public Storage sign to the Cupertino Hotel sign. The petition does not explain why this comparison undermines constitutes an abuse of discretion. Staff recommends denying reconsideration on this ground.

Please review Attachment B for petitioner’s full detail. Based on staff’s review of the petition, as summarized above, none of the grounds for reconsideration in Municipal Code section 2.08.096(B) have been met. Accordingly, staff recommends that the City Council deny the petition for reconsideration and uphold the February 7, 2023, City Council decision. Recommended findings for denial are included in the proposed draft resolution (Attachment A).

Prepared by: Gian Paolo Martire, Senior Planner
Approved by: Benjamin Fu, Director of Community Development Approved by Submission by: Pamela Wu, City Manager
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ATTACHMENTS:

A – City Council Resolution No. 23-XXXX
B - Petition for Reconsideration submitted by Rhoda Fry 289
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

DENYING THE PETITION FOR RECONSIDERATION REGARDING THE CITY COUNCIL DECISION OF FEBRUARY 7, 2023 TO UPHOLDING THE APPEAL IN

PART, APPROVE ONE OF THE TWO REQUESTED FREEWAY- ORIENTED SIGNS, AND DENY THE REQUESTED SIGN EXCEPTION. APPLICATION NO(S): EXC2022-003; APPLICANT(S): DAVID FORD (ALL SIGN SERVICES); LOCATION:
20565 VALLEY GREEN DR.
______________________________________________________________________________ ______________________________________________________________ WHEREAS, on February 7, 2023, the Cupertino City Council held a public hearing and at the conclusion of the hearing upheld the appeal in part, approved one of the two requested freeway-oriented signs, and denied the requested sign exception on a 4-1 vote (Moore voting no) for application EXC-2022-003; and WHEREAS, the Cupertino City Council's decision was within its discretion and made at a properly noticed public meeting; and
WHEREAS, Rhoda Fry filed a petition for reconsideration filed with the City on February 17, 2023, and petitioned the City Council to reconsider its decision under the provisions of Section 2.08.096 of the Cupertino Municipal Code; and WHEREAS, the City Council has considered all relevant evidence presented by the parties at all hearings, including evidence presented at the March 21, 2023 reconsideration hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby finds:

1. Petitioner did not provide new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing (Municipal Code § 2.08.096(B)(1)).

2. Petitioner failed to demonstrate that relevant evidence was improperly excluded at any prior City hearing (Municipal Code § 2.08.096(B)(2)). 290
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Resolution No. __________________

Page 2 ends

3. Petitioner failed to provide proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction (Municipal Code §

2.08.096(B)(3)).

4. Petitioner failed to present proof of facts which demonstrate that the City Council failed to provide a fair hearing (Municipal Code § 2.08.096(B)(4)).

5. Petitioner failed to demonstrate that the City Council abused its discretion by not proceeding in a manner required by law; rendering a decision which was not supported by findings of fact; and/or rendering a decision in which the findings of fact were not supported by the evidence (Municipal Code § 2.08.096(B)(5)).

6. The Petition for Reconsideration of the City Council's February 7, 2023 decision is DENIED, and the City Council’s decision set forth in Resolution No. 23-XXX is hereby affirmed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of March 2023, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:

Kirsten Squarcia, City Clerk ________________________
Date
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1 Date: February 17, 2023
From:

Rhoda Fry (and Cupertino Residents Doe 0 – 100)
10351 San Fernando Avenue
Cupertino, CA 95014-2832
[email protected]
408-529-3560

RECONSIDERATION PETITON
NOTICE: Reconsideration petitions are only accepted for adjudicatory matters that are quasi-judicial decisions by the City Council. The reconsideration petition is subject to the requirements of and must comply with section 2.08.096 of the Cupertino Municipal Code, available in the City Clerk’s office or online at http://www.amlegal.com/cupertino_ca/.

Please review this form carefully and provide a detailed explanation for each item. Failure to meet the requirements of section 2.08.096 may result in rejection of the reconsideration petition.

1. Project for which you are requesting reconsideration:

Application No.: EXC-2022-003
Applicant(s) Name: David Ford, All Sign Services; Location: 20565 Valley Green Dr.; APN: 326- 10-044

3. Contact information for party requesting reconsideration:

Name: Rhoda Fry (and Cupertino Residents Doe 0 – 100)
Address: 10351 San Fernando Avenue, Cupertino CA 95014-2832 Phone: 408-529-3560
Email: [email protected]

4. Date of Council meeting considering the project for which you are requesting reconsideration:

February 7, 2023
Reconsideration petitions must be filed within ten (10) calendar days of the date of the Clerk’s notice. 292
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2 5. Details of grounds for reconsideration (Cupertino Municipal Code Section 2.08.096).

A petition for reconsideration must specify, in detail, each and every ground for reconsideration. Failure to specify the particular ground(s) for reconsideration will preclude any omitted ground(s) from being raised or litigated in a subsequent judicial proceeding.

In addition, the grounds for reconsideration are limited to the criteria listed below. Failure to meet these grounds may result in rejection of the petition for reconsideration. Check all grounds that apply and provide detailed explanations of the facts supporting each ground for reconsideration (provide supporting documentation and attach additional sheets if necessary):

By this statement, all information on the City of Cupertino website pertaining to the 10/21/22 Planning Commission meeting and the 2/7/2023 City Council meeting and other documents pertaining to the Public Storage site, the General Plan, the North De Anza Boulevard Special Center plan, and the CMC are included in this document. ✔An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing.

Explanation of new evidence and why it could not have been produced earlier:

The City was likely unaware of Public Storage’s updated image policies that tout that “the building is the sign.” Public Storage’s architect said in this blog post: “We had seven different types of signs,” she said. “Now, not only do we now have a consolidated sign, the new building is the sign.” https://www.publicstorage.com/blog/public-storage/public-storagelocations-get-a-new-look In spite of the following business hours, Office Hours Mon-Sun 8:00am to 7:00pm and Gate Access Hours Mon-Sun 6:00am to 9:00pm, the Cupertino Public Storage building is illuminated 24x7. If the building is indeed the sign, it must not be illuminated 24x7. Moreover, it is much too large to have that much illumination.

Interestingly, two sides of the building that are visible from the freeway are illuminated – the backside that faces offices remains dark. Additionally, the illuminated sign that faces the adjacent condominiums remains illuminated after 11pm which is a code violation. The excessive light is a public nuisance to residents. See also EXHIBIT 1. ✔ An offer of relevant evidence which was improperly excluded at any prior city hearing.

Explain relevant evidence and how, when it was excluded at a prior hearing:

A. The council packet did not show the setting of the building within the community and how it looked from various residences/hotel or freeway at different times of day. How could the City Council make an informed decision about freeway-oriented signage without this information? Furthermore, on February 13, I spoke with Planner Martire and lamented that the proposed illuminated freeway-oriented Public Storage sign would be in a line view of many residents’ homes. He was surprised and unaware that residents would be facing the signs. If he had known, then perhaps the council would have been given more information. The proposed signs are in a direct line view of the De Anza Forge Condominiums and can be seen from the Markham Apartments and the Cupertino Hotel along with the freeway. The City Council was denied substantial evidence. Refer to EXHIBIT 1 (setting) and EXHIBIT 2 (nighttime photographs).
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3 B. Council was not provided with detailed images or specifications of the proposed illuminated Public Storage sign along with other illuminated signage facing the freeway. In fact, there are no similarly situated properties in the City. The only illuminated sign that somewhat faces the freeway is the Cupertino Hotel. Council was not given any tools to compare the Cupertino hotel sign with the proposed Public Storage sign. Its sign is on the northbound onramp, not on the freeway. It is barely visible driving South on 280 and not at all going North. Nor does it appear to directly face dwelling units in the way that the Public Storage building does. I walked the length of the condo complex adjacent to Public Storage and climbed up to the fence-line and could not see the Cupertino Hotel sign. It is possible that residents on higher floors might have a glimpse of the sign. If council had made a site visit or had images of the Cupertino Hotel sign along with the Public Storage sign (even the one that is installed provides some insight), they would have realized that these two properties are very different and would need to be treated differently (19.104.220 C. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood.)
Council was not provided visuals on the levels of illumination, this would have been needed to provide an informed decision on the subjective criteria in 19.104.220 (“the aesthetic appearance of signs is subjective”). When comparing the illumination between the proposed Public Storage Sign and the Cupertino Hotel Sign, there is no comparison. But the council was not provided a side-by-side comparison. Public Storage is bright white and huge and the Hotel is soothing dark blue and is of modest size. Although the proposed sign is within the foot-lamberts requirements for signage, no explanation of what it means or what it looks like was provided. A foot-lambert refers to the amount of illumination per square foot. So the bigger the signage, the more illumination it will have. Note that the applicant explained that he wants signage to be visible to motorists traveling 70 to 75 miles per hour (which is speeding in our community) past the property. (19.104.220 G. The sign's color and illumination shall not produce distraction to motorists or nearby residents.) In other words, the applicant wants motorists to be distracted by his advertising sign.

If council had gone on an appropriate site visit or been provided appropriate information, they could have made an informed decision to either not allow any illumination or even no signage.

Installed sign as viewed from adjacent condo. The
illuminated portion of the sign is reportedly 52
square feet. The illuminated portion of the
freeway-facing sign would be 165 square feet.

This gives an idea as to how bright it would be.

The letters appear much brighter than the
building’s interior lighting. This photo was taken
between 10:30 pm and 11:00 pm on 2/15/2023.

I was unable to see the sign from the condos
across the freeway having walked the fence line
and even climbed up to it. It is unlikely that much
of this sign is visible from the condos. Pphoto was
taken between 10:30 pm and 11pm on 2/15/2023.
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4 C. Please bear with me on this section – it is rather long but makes a point. The council packet failed to explain that the new public storage building is an intensification of a non-conforming use within the North De Anza Boulevard Special Center. Consequently, it is even more important that the look of the building and its signage conform to adjacent uses.

Resolution 19-072 describing the architectural and site approval permit included boilerplate text pertaining to signage, “c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development.” The document as a whole makes various promises that pertain to the entire building and signage, including but not limited to: (see ATTACHMENT A for the entire resolution)  “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated“ and  “development should be designed to protect residents from noise, traffic, light and visually intrusive effects” and
 “provide shielding to prevent spill- over light to adjoining property owners” Regarding the North De Anza Boulevard Special Center: The new building (4 stories 264K square feet per https://www.cupertino.org/our-city/departments/communitydevelopment/planning/major-projects/public-storage ) is four times the size as the building it replaces and has 2600 units. In 2006, Public Storage proposed a new building in this same location (Application U3-2006-03, ASA-2006-05, EA2006-06. This proposed building (3 stories 155K square feet) was estimated at three times the size of the original and the Planning Department recommended against it and the Planning Commission concurred:

Public Storage is located in the North De Anza Boulevard Special Center in which self-storage is a non-confirming use, the description of the Special Center has not changed in decades. The 2006 recommendation for rejection noted that the replacement building would be substantially inconsistent with the area and would significantly intensify the use of the site, “The proposed mini-storage facility is a non-office use that does not promote these General Plan policies for maintaining cohesive office parks and, therefore, staff believes that the project, which will significantly intensify the use of the site as a mini-storage facility by almost tripling the amount of existing mini-storage building area, will conflict with these policies. The proposed project will offer very little public and community benefit, as it is anticipated to generate a minimal amount of retail sales tax to the City for its sales of packing/boxing supplies, and is substantially inconsistent with the surrounding uses of the area that include office and multiplefamily residential.” Additionally, “Staff is also concerned about the height of the proposed buildings as they will be prominently visible from Interstate 280, the new condominium development currently under construction to the east, the existing residential neighborhood to the west and the two-story office buildings occupied by Apple to the south.” The new building has 32 parking spaces and the rejected smaller building had 80 parking spaces. (https://www.cupertino.org/ourcity/departments/community-development/planning/major-projects/public-storage) Because the new building is even more visible than the proposed 2006 building, its visual impacts from I-280 are greater today than they were in 2006. Consequently, every possible measure must be taken to minimize its impacts, including signage, on residents. See ATTACHMENT B for 2006 Public Storage rejection. 295
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5 D. The Council was not provided information on how the signs are measured. The way the signage has been measured is deceiving. The large sign is made up of orange stripes with white lettering on top. Only the outline of the white lettering is measured in determining the sign’s size. The rest of the building is silver gray and tan. Here is the new Cupertino Public Storage building with the sign already installed that does not face the freeway.

Daytime photo from website of
Cupertino building. The sign is made
up of orange stripes with white
lettering on top.
https://www.publicstorage.com/blog/pu
blic-storage/cupertino-storage-unitsreopen-near-apple-campus Nighttime photo around
10:30PM as seen from
adjacent condo complex.

Sign and lights remain on
after 11pm. The words
even appear brighter than
the interior lighting. The
proposed freewayoriented lettering portion
of the sign is over three
times larger.

Note that the back of
the building, which
faces Apple office
buildings has no
orange rectangles.

Consequently, the
orange rectangles
really do look like signs.

Also, the back is not
illuminated at night.

Following is an excerpt of the plan in the Planning Commission packet. A reasonable person who looks at the outlined portion of the image on the left sees an image similar to the one above: a sign made up of orange stripes with white lettering on top. The measurement of this outlined area is shown on the right. It measures about 800 square feet. The maximum signage area per CMC is 200 square feet. Effectively, the proposed sign exceeds the 200 squarefoot maximum. The measurement provided to council was the minimum circumference of the illuminated lettering; this is deceiving.

The staff had many creative options at its disposal to show the public and council the true scale of the proposed sign. Next to the right schematic, I’ve added an approximate 6-foot tall human for illustrative purposes.
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6 ✔ Proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction.

Explain facts and how those facts show that the Council operated outside its jurisdiction:

No validation from Caltrans that the proposal was compliant. ✔ Proof of facts which demonstrate that the City Council failed to provide a fair hearing.

Explain facts and how those facts demonstrate failure to provide a fair hearing:

A. The “approval authority” for Freeway Oriented signs is the Planning Commission per CMC Table 19.104.200. It is customary for Planning Commissioners to make site visits. Because the Council became the approval authority for a Planning Commission decision, they should have made a site visit in order to provide a fair hearing.

B. Council was told that the Planning Commission’s decision was not valid – but a portion of their denial was based on information in the signage CMC 19.104. The denial stated: “The location of Signs Two and Three along the north elevations of Buildings One and Two could result in a situation that is materially detrimental to the public health, safety, or welfare to the community…” This would imply that the Council was not permitted to vote on the basis of public health, safety, and community welfare which is incorrect. The video meeting shows much confusion on the part of the staff and council members.

C. The council packet lacked clear instructions on what was being voted on and what criteria needed to be used for the vote. This is surprising because this was the second hearing for the sign. During the planning commission, the city attorney told the planning commission that their approval / denial of the sign was discretionary. How did that meeting go wrong and why weren’t the issues that created a de novo hearing at the council resolved? Because the council did not have an appropriate rubric, the council could not provide a fair hearing. The packet failed to explain council could vote for 0, 1 or 2 freeway-facing signs. The packet failed to provide the relatively short criteria upon which they would be voting. At a minimum, Council needed this:

19.104.050 Sign Permit Application–Review Criteria.

The Approval Body shall review the sign application to ensure that the following criteria are met:

A. The proposed sign meets the requirements of this title or any special conditions imposed in the development.

B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets.

C. The sign is in conformance with the Design Criteria in Section 19.104.220.

19.104.220 Design Criteria–Permanent Signs.

Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs.

C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood.

E. Sign copy shall be simple and concise, without excessive description of services or products.

F. Internally illuminated signs shall not have a directly visible light source.

G. The sign's color and illumination shall not produce distraction to motorists or nearby residents.

D. The lack of clarity in the packet was further muddied by conflicting instructions from the City manager, attorney, and planner. Examples include, the attorney gave an explanation and the city manager said no, let me explain. The planner’s presentation failed to mention that the City Council had the discretion reject all freeway-oriented signs per CMC 19.104. Councilmember Chao asked whether council can uphold the planning commission decision to deny both signs and the City Manager Wu said no, but then explained that the council could deny both signs or allow one (two signs were not provided as an option). The council could not come to the same conclusion as the planning commission? The City Attorney said that the Planning Commission decision was not legally justifiable but did not describe how. The council would need to find a 297
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7 legally justifiable basis to deny the sign – but what were the specifics of the basis? He wound up being interrupted by the manager. Council would need to find a legally justifiable basis to deny the sign, but what would have basis be? The council could approve additional signs – but could they deny all freeway facing signs? And there are design criteria that all signs must meet – and what are they? Chao asks if staff thought there was justification to deny both signs. City manager implies no. City Attorney stated that grounds for denial is if design criteria is not met, but Council is not provided the criteria. City manager says that once you have a freeway facing sign that it is subject to planning commission’s approval. You just have to watch the video. It is just too confusing.

The planner said the sign met requirements for size and lighting but failed to spell out that there were additional criteria, some of which is subjective. After council struggled in its deliberation and were obviously confused, staff requested a break. They came back in another failed attempt to clarify instructions. The planner showed only the text of 19.104.050, not 19.104.220.

The planner told council that the signage was compliant with 19.104.050 which incorporated

19.104.220, leading council members to believe that they had to vote in favor of the signage.

But it was up to the council to make that determination. The City manager corrected the planner.

Who is the council supposed to listen to? The attorney, the city manager, the expert planner? The three staff members did not reconcile clear direction to the council even after having called for a break. Further, the text of 19.104.220 was not shown in the packet or at the council meeting. Even after Councilmember Moore asked that 19.104.220 be displayed, it was not.

Council needs clear instructions in the packet and during meetings in order to provide a fair hearing.

E. It bears repeating that the City Attorney stated that the council decision needed to be made on design criteria but staff never provided the City Council Design Criteria (CMC 19.104.220), which is relatively short.

F. Had the neighbors across the freeway been notified, the council would have received significant input from neighbors about the proposed signage. It is appropriate to extend notification when there are special circumstances that cause unexpected impacts. We know that freeway-oriented signage is special because approval authority is assigned to the planning commission instead of the Community Development Director for other signs. See EXHIBIT 3 for the types of letters they would have received – these are letters that we sent after the hearing when residents learned of council’s decision. Because of this, council was incapable of providing a fair hearing.

G. Recall, the City Council was being asked to make a decision that normally has the Planning Commission as Approval Authority. Specifically, the Planning Commission is the Approval Authority for Freeway-Oriented signs (19.104.200). Councilmember Moore, is the only councilmember with Planning Commission experience and mentions distracting spillover lighting. She asked that the short text of 19.104.220, upon which the decision would be rendered, be displayed for all councilmembers to see. It was not. She also asked for a continuation of this agenda item and gave her reasons. It was not. Consequently, council was unable to have a fair hearing and was hampered in its ability to make an informed decision.

H. It is hard to understand the fairness of a hearing when a building that has not even received its final inspection report is considered an existing building. The original plan set did contain signage that is very similar to the current proposal.

I. The council’s lack of planning commission experience and access to the municipal code that explains the intent of the sign ordinance outlined in 19.104.010 hindered their ability to have a fair hearing. Was this intent fulfilled? The Planning Commission understood that the purpose of 298
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8 the sign was mainly advertising. The council did not understand how to balance the needs of the community with the desires of the business to advertise per 19.104.010.

19.104.010 Purpose and Intent.

A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City.

B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community.

C. The City has adopted this title with the intent to:

1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping;

2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian;

3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify;

4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses;

5. Provide procedures which will facilitate the efficient processing of sign applications; and

6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors.
✔ Proof of facts which demonstrate that the City Council abused its discretion by:
o (a) Not preceding in a manner required by law; and/or o (b) Rendering a decision which was not supported by findings of fact; and/or
o (c) Rendering a decision in which the findings of fact were not supported by the evidence.

Explain facts and how those facts demonstrate abuse of discretion related to items (a)-(c):

When council was told that the Cupertino Hotel sign also faced the freeway, some lept to the conclusion that it was similar to the proposed Public Storage sign. As shown earlier in this document, it is not. Council relied on the assumption that the signs and locations of the signs are similar but they are not. Council decision was not supported by facts.

6. Signature(s) Rhoda Fry (and other Cupertino Residents) PS – per code, I respectfully request refund of fees. Thank You.

Please complete form, include reconsideration fee of $356.20 pursuant to Resolution No. 22- 049 payable to City of Cupertino and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, California (408) 777-3223.

Acceptance of a petition by the City Clerk is for timeliness purposes only and does not constitute a determination that the petition meets the requirements for reconsideration under section 2.08.096 of the Municipal Code. The City reserves the right to review petitions after submission and reject those that do not meet the criteria set forth in Cupertino Municipal Code Section 2.08.096.

PAYMENT PROOF
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9 EXHIBIT 1 – Residents and Hotel Guests who will see the Illuminated Public Storage Sign View of Public Storage from the Cupertino
Hotel Parking Lot. Imagine what the guests
will see from their guestrooms from a sign
that is over three times larger facing the
freeway. It is likely that hotel guests from the
onramp side and the backside could be
impacted.
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10 EXHIBIT 2 –Existing Public Storage Sign, Cupertino Hotel Sign, Views from De Anza Forge Installed sign as viewed from adjacent condo.

The illuminated portion of the sign is
reportedly 52 square feet. The illuminated
portion of the freeway-facing sign would be
165 square feet. This gives an idea as to how
bright it would be. The letters appear much
brighter than the building’s interior lighting.

This photo was taken between 10:30 pm and
11:00 pm on 2/15/2023.

IMAGINE A SIGN 3X LARGER THAN
THE ABOVE. IS IT COMPARABLE TO
THE CUPERTINO HOTEL?
CUPERTINO HOTEL: This photo has been
enlarged. Otherwise you would not be able to
recognize it. This is a view of Cupertino
Hotel from the on-ramp to 280 North from
De Anza. On the Freeway heading north, it
was sometimes hidden and other times very
subdued. I was unable to see the sign from
the condos across the freeway having walked
the fence line and even climbed up to it. It is
unlikely that much of this sign is visible from
the condos. This photo was taken between
10:30 pm and 11:00 pm on 2/15/2023.

View from a lower unit in a De Anza Forge
condo.

View from a different unit in a De Anza
Forge condo.
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11 These photos were taken between 10:30 pm
and 11:00 pm on 2/15/2023 at the De Anza
Forge Condominiums along the various areas
that face the freeway. The sign would be
installed at the highest point on the building.

In all cases, the photos are taken from a
vantage point that is further away from the
Public Storage building than a view from a
condo.
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12 EXHIBIT 3 – EXCERPTS LETTERS RECEIVED BY CITY CLERK/COUNCIL FROM NEIGHBORS WHO WOULD BE AFFECTED BY SIGNAGE BETWEEN 2/8 and 2/16 (names/addresses redacted)
My name is Art Wodecki and I own a condo in the DeAnza Forge community (20718 Celeste Circle Cupertino CA 95014).

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt our quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign. Alternatively, as a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

I am also very concerned about highway/driving safety with that proposed illuminated sign.

Please do not allow Public Storage to have illuminated signage facing the freeway, especially if it is lit until 11pm daily. The lights from the Public Storage are already very bright in the evening. Adding large illuminated lettering onto the side of the buildings would only further increase the buildings brightness and make it an even bigger visual eyesore. Nearby residents don’t want a nightlight. It would only further increase the amount of light pollution coming inside our homes. Not to mention, it would make our homes less desirable, if we were to rent or sell it in the future.

The two newly-built, 4-story Public Storage buildings are now the first thing you see when you look out of our bedroom and living-room widows, since they are now at eye level with our condo. We bought our condo in 1985, even before the Cupertino Inn was built, when our condo still had the beautiful unobstructed views of the mountains and there were a lot more planted trees everywhere. I think around that time, the one-story Public Storage facility was originally built in Cupertino, as well. In fact, in all the 40 years that it’s been at that location, Public Storage has never had a sign facing the freeway to advertise its location, much less needed one that was illuminated. We don’t think it should be necessary for them to have one now. Due to the large size of both buildings and their trademark burnt orange and grey color, they are very hard to be missed from the freeway. Illuminating the name of the company, so that it can further advertise its brand, at the detriment of the neighbors and the driving cars, should not be allowed. Let’s leave the bright lights and lit signs for Las Vegas and not Cupertino. The only entity benefiting from the proposed illuminated signage would be Public Storage; not the overall community. I am respectfully requesting that the signage have no illumination.

All view access to the mountains cutoff by building line.

Thank you so much for taking away what little view we had.

Photo; Feb 15, 735a
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13 Jim
Dear City Council:

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt my quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background.  The building has already cutoff good views of the mountains. Had it been one story lower, the tops of the mountains would be visible. Maybe it doesn’t matter to you but it mattered to me.

Public Storage wins. I lose. Poor choice by allowing this.  Now to make it worse already the hallways are lighted projecting across the highway into bedroom.

Photo : 1020p, Feb 14th, 2023
Views of mountains gone.
 To make matters worse, the illuminated sign will be visible from many of the condominiums at De Anza Forge. We already lost a view to the south of the mountains, there will be a large obtrusive lighted sign directly in the sight-line. This will negatively affect the value of all condominiums in the complex.
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14  In October, the Planning Commission denied any signage facing the freeway per CMC 19.104;  in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign.

Alternatively, as a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Furthermore, do you think this building meets the City Council’s promise made specifically for this building? Resolution 19-072 stated “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated.”
If the new City Council truly cares about the residents of Cupertino, please do not allow Public Storage to have an illuminated signage facing the freeway until 11pm daily. This signage would be visible from home and would disrupt our quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet.

Would you like it if you lived here and you saw that sign each night? In October, the Planning Commission denied any signage facing the freeway per CMC 19.104. In February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers find the building and is large enough to advertise their business during daylight hours.

I feel this is a very reasonable request. I am not asking for the removal of the sign. Please reconsider so that the signage is not lit up when it’s dark.

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt my quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign.

Furthermore, do you think this building meets the City Council’s promise made specifically for this building? Resolution 19-072 stated “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated.”
Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my property. It will surely disrupt the quality of life. 305
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15 The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision.

As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please don't allow public storage to have signage facing the freeway until 11 pm daily.

This signage would be visible from my home and would disrupt my quality of life. The proposed illuminated sign is 165 square feet with an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my home and would disrupt my quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please do not allow Public Storage to have illuminated signage and room lighting facing the freeway until 11p.m. daily. This signage and bright room lighting showing bright orange doors is visible from my home and has been disrupting my quality of life. The proposed lighted sign is 16 square feet on an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC

19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination and room lightening will be either shut off or significantly dimmed so that the light pollution will not cause sleep disturbance for the residents. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours and bright ugly room lighting is just wasting precious community electricity.

Please do not allow Public Storage to put up an enormous illuminated sign facing 280. The building, which was recently constructed, already interferes with the quality of my life since it is lit up all night long and the light goes directly into my condo on the other side of the freeway. The proposed illuminated light would only make the problem worse, especially during the summer months when windows are kept open to let cool air in (letting in also the view of a large glowing sign). Where I once had a lovely view of the 306
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16 mountains, I now have an ugly grey building blocking it, with the threat of an enormous illuminated Public Storage sign being place upon it. Please do not allow this to happen.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.1-4, so it seems like this should not happen.

I look forward to seeing the action you take in this matter.

The newly-built Public Storage building is a problem. I live in a condominium De Anza behind Homestead Square Shopping Center, facing to Freeway 280. Recently the new building was built and the building is a total obstacle for all the residents in my neighbors. We could see the mountains over Freeway 280 but now we cannot enjoy the view. What we see through the windows is just a storage building. It's worse.

The building has large windows and the corridors are lit by the light until late at night. But I have never saw a soul in the corridor. The building in front of our residence is ugly at daytime. The building with lighted windows is ugly at night. The Public Storage building is already a problem.

And now.

Please do not allow Pubic Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my home and would disrupt my quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.
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CITY OF CUPERTINO
Agenda Item
23-12105 Agenda Date: 3/21/2023
Agenda #: 8.

Subject: Consider adoption of a Resolution approving Tamien Innu (Tamien Trail) as the officially recognized trail name for the I-280 Trail
Conduct a public hearing and adopt Resolution No. 23-040 (Attachment A) approving Tamien Innu as the officially recognized trail name for the I-280 Trail CITY OF CUPERTINO Page 1 of 1 Printed on 3/15/2023
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CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
Consider adoption of a Resolution approving Tamien Innu (Tamien Trail) as the officially recognized trail name for the I-280 Trail.

Recommended Action
Conduct a public hearing and adopt Resolution No. 23-xxxx (Attachment A) approving Tamien Innu as the officially recognized trail name for the I-280 Trail.

Reasons for Recommendation
Upon the completion of the trail that is situated along Interstate 280 (I-280,) the original concept was to utilize the name “Junipero Serra trail” due to its proximity and alignment with the Junipero Serra stretch of the I-280 freeway. At the December 21, 2021, City Council meeting, the City Council directed staff to collaborate with the Bicycle Pedestrian Commission (Commission) on alternative names for the trail and to use the name “I-280 Trail” in the interim.

At the May 18, 2022, Commission meeting, the name change was discussed, and the Commission recommended that staff research potential names, conduct public outreach, and to solicit feedback on potential names. The Commission also recommended that a public survey be conducted with a list of prescreened names.

In researching potential names, City of Cupertino staff worked with the Tamien Nation, Cupertino Historical Society, and the Stocklmeir Library at De Anza College for naming ideas. Staff also reviewed publications from the San Francisco Estuary Institute and the Cupertino Chronicle. From the research conducted, seven options emerged:
1) Tamien Innu (Tamien Trail)
2) Cupertino Crossroads Trail
3) I-280 Trail
4) Chaparral Trail
5) El Hermoso Camino (Beautiful Path)
6) Punta del Roblar Trail (Point of the Oak Grove)
7) Ruume Innu (River Trail)
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Based on those findings, an online survey was developed, and participants were asked to select their top choice. The survey was open to the public from January 9 to 30.

Outreach for the survey consisted of an array of advertisements to target all residents, which included a City-wide mailer, Items of Interest, Cupertino Safe Routes to School (SR2S) Newsletter, and social media outlets (Facebook, Twitter, Instagram, and ENotifications.) At the February 23 Commission meeting, staff presented the survey results. The list above reflects the public's order of preference. The Commission endorsed the top choice selected by the public “Tamien Innu,” and recommends the City Council to officially recognize the “I-280 Trail” to “Tamien Innu.”
Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act (CEQA)
No CEQA impact.
_____________________________________
Prepared by: Evelyn Moran, Project Manager
Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ADOPTING A RESOLUTION APPROVING THE TAMIEN INNU TRAIL
NAME
WHEREAS, on December 21, 2021, the Cupertino City Council requested that staff refrain from using the Junipero Serra name to identify the trial provisionally referred to as the “I-280 Trail” and directed staff to research alternative trail names; and
WHEREAS, the Bicycle Pedestrian Commission recommended staff conduct public outreach for the name change; and
WHEREAS, staff conducted research, and presented the finding in the form of an online survey for the public to vote on their top choice; and WHEREAS, the public selected Tamien Innu as the top choice; and WHEREAS, the Bicycle Pedestrian Commission endorsed the top choice, Tamien Innu; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt a Resolution approving the recommended trail name and naming the trail Tamien Innu.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of March, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
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Resolution No. __________________

Page 2 ends

________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
23-12084 Agenda Date: 3/21/2023
Agenda #: 9.

Subject: Consider submitting a letter in opposition to the Taxpayer Protection and Government Accountability Act (Initiative No. 21-0042A)
Approve the submission of a letter in opposition to the Taxpayer Protection and Government Accountability Act
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CITY ATTORNEY’S OFFICE

CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3195 • FAX: (408) 777- 3366
EMAIL: [email protected]
1 CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
Consider submitting a letter in opposition to the Taxpayer Protection and Government Accountability Act (Initiative No. 21-0042A).

Recommended Action
Approve the submission of a letter in opposition to the Taxpayer Protection and Government Accountability Act
Reasons for Recommendation
On February 1, 2023, the Taxpayer Protection and Government Accountability Act (Initiative No. 21-0042A) qualified for the November 2024 general election ballot. The ballot measure would amend the California Constitution to apply new rules to all new or increased taxes or fees adopted by the state legislature or local agencies. The measure would apply retroactively to new or increased taxes or fees adopted after January 1, 2022.

The ballot measure would amend the State Constitution to prohibit local advisory measures to express a preference for the use of revenue for a general tax, require that local tax measures placed on the ballot by voters be approved by a two-thirds vote (as opposed to approval by a majority vote), and require allow new or increased taxes adopted after January 1, 2022 to have a sunset date.

The ballot measure also includes new restrictions on the ability of local governments to imposes fees and charges for services and permits. User and regulatory fees would be limited to the “actual cost” of providing the product or service for which the fee is charged, which is defined as the “minimum amount necessary.” Local governments would have the burden of proving by clear and convincing evidence that a fee or charge is not a tax, that the amount of the fee or change is reasonable, and that the amount does not exceed “actual cost.” A more detailed summary of the ballot measure, including additional requirements for local and state taxes and fees and administrative fines and penalties, is provided as Attachment A. 314
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2 In December 2021, before the measure qualified for inclusion on the ballot, the Legislative Review Committee took a position opposing the measure. Former Mayor Darcy Paul sent a letter to Senators Dave Cortese and Josh Becker and Assemblymembers Evan Low and Marc Berman conveying the City’s opposition to the measure on April 8, 2022.

The League of California Cities has requested that member cities take positions opposing the ballot measure. Staff recommends that the City submit a letter in opposition to the measure to avoid further restrictions on the ability of local governments to raise revenue and the uncertainty and risk associated with a new, higher standard of review for local government fees and service charges. A draft letter for the City Council’s consideration is provided as Attachment B. If Council authorizes staff to proceed, the letter will be finalized for the Mayor’s signature and sent to the League of Cities, per the League’s request.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If approved by voters, the Taxpayer Protection and Government Accountability Act would impose new requirements on future revenue-raising measures. The submission of the requested letter would have no fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Summary of Taxpayer Protection and Government Accountability Act Initiative B – Draft Letter to League of California Cities
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1 The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.

Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.

Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.

State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution. 316
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2 Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
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A HOUSE REPORTDIVIDED TITLE
1 March 22, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: “Taxpayer Protection and Government Accountability Act” (Initiative No. 21- 0042A)
Dear Mr. Obando:

On March 21, 2023, the City of Cupertino voted to oppose the “Taxpayer Protection and Government Accountability Act” Initiative 21-0042A1. This deceptively titled initiative, which will be placed on the November 2024 general election ballot, would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

Local governments already face strict limitations on their ability to raise taxes under the California Constitution. This measure would make it even more difficult for local voters to approve needed to fund local services and projects and would limit voter participation and input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

In addition, the measure imposes new, onerous requirements on even routine adjustments to local government fees and charges. These provisions add unnecessary administrative burdens to the administration of critical local programs, could result in a significant loss of revenue to support essential local services, and subject cities that adopt or update fees or charges to support those programs to unacceptable legal risks and a high degree of uncertainty.

Finally, the measure also may make it much more difficult for state and local regulators to issue fines necessary to enforce laws intended to protect the environment and public health and safety.
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A HOUSE REPORTDIVIDED TITLE
2 Critically, provisions of the measure would be retroactively applied to local revenue raising measures adopted after January 1, 2022. This extraordinary and unfair retroactive application of the law would put over $2 billion of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of this measure at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. In Cupertino alone, the City receives over $8 million in annual revenue from fees and charges that would be subject to the measure, an estimated $228,000 of which result from fee increased adopted after January 1, 2022.

The City of Cupertino supports the League of Cities’ efforts to opposes the adoption of the initiative. You may list the City of Cupertino in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptively titled proposition.

Sincerely,
Hung Wei
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
23-11957 Agenda Date: 3/21/2023
Agenda #: 10.

Subject: 2022 General Plan Annual Report and Housing Element Annual Progress Report (APR) Receive reports and authorize submittal to the Department of Housing and Community Development (HCD)
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CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
2022 General Plan Annual Report and Housing Element Annual Progress Report (APR) Recommended Action
Receive reports and authorize submittal to the Department of Housing and Community Development (HCD)
Reasons for Recommendation
Background:

State law requires of all cities that on or before April 1 of each year, an annual report, be provided to the City Council regarding the status of the General Plan and progress in its implementation, including meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The law also requires that the report be sent to the Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD). (Gov. Code, § 65400(a)(2)(A)-(J).) The Housing Element Annual Progress Report (APR) must be made using standards, forms, and definitions adopted by HCD and is therefore included as a separate Attachment B. (Gov. Code, § 65400(a)(2)(B).) The Planning Commission reviewed the General Plan Annual Report on December 13, 2022 and provided input.

Analysis:

General Plan Annual Report
The Planning Commission reviewed the General Plan Annual Report for the purpose of determining General Plan implementation status. The Planning Commission also provided suggestions on formatting and updating the content of the report. Attachment A incorporates the Planning Commission’s suggestions and comments regarding the content of the General Plan Annual Report. Additionally, the Planning Commission suggested that the City consider adding policies in the next comprehensive General Plan 321
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2 update regarding requiring telecommunication projects to meet 5G architectural standards, public health and safety/environmental changes, and Smart City initiatives.

The primary purpose of this annual report is to describe and document the progress that has been made implementing General Plan policies and objectives during the preceding year. The report is not intended to determine compliance with any specific General Plan policies. The list of policies and strategies in Attachment A is color-coded to indicate their current status, described below:
 Items highlighted in green are action items that the City has acted on.  Items in yellow are items that are currently in progress.  Items highlighted in orange are identified as action items, but on which no action has been initiated.
 Items highlighted in grey are ongoing implementation of policies/strategies through the City’s Municipal Code, daily activities of staff or City programs.

A high-level time frame (“Immediate” (2019-2022) or “Long Range” (2022-2040)) has been identified for the action items while the ongoing policies and strategies have been identified as being “Continual.”
Items with updates for the year 2022 have been identified in bold in the “Comments” column and have been reviewed by the Planning Commission.

Housing Element Annual Progress Report (APR)
The APR is a required report on the status of the City’s housing programs. Pursuant to Government Code Section 65400, local governments must provide, each year, an annual report for the previous calendar year to the legislative body, OPR, and HCD. In past years, the report focused on building permits issued for new housing units. Since 2018, and every year after that, various state laws have expanded reporting requirements related to housing development projects, e.g. SB 35, state density bonus law and SB 330.

HCD prepares the form template that cities must submit to comply with these statutory requirements. The City is on track to submit the 2022 APR to OPR and HCD in advance of the April 1, 2023 deadline. The same information will be provided to the Planning Commission in April. The information that was considered by City Council and any feedback received is included for Planning Commission's reference. No action is required.

The tables on the following page summarize the RHNA Generation by Developers (i.e.

Building Permits issued between 2014 and 2022) (see Table 1) and the Project Entitlements by City between 2014 and 2022 (see Table 2).
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3 TABLE 1: BUILDING PERMITS ISSUED BY INCOME CATEGORY BETWEEN 2014 AND 2022 Extremely Low/
Very Low
(0-50% of AMI)
Low
(51-80% of
AMI)
Moderate
(81-120% of
AMI)
Above
Moderate
(over 120% AMI)
Total
Units
Projected Need
(RHNA) 356 207 231 270 1,064
Net New Units
Entitled by City
(Not Produced)
362 847 75 2,086 3,370
Building
Permits
Applied for By
Developers and
Issued by City
2015* - - 14 164 178
2016 - - 18 9 27
2017 - - 12 16 28
2018 19 - 15 2 36
2019 - - 15 24 39
2020 - - 19 1 20
2021 29 19 41 1 90
2022 - - 24 104 128
Total RHNA
Production 48 19 158 321 546
Balance 308 188 73 0 518
* Includes production since June 2014
TABLE 2: PROJECT ENTITLEMENTS APPROVED BY INCOME CATEGORY BETWEEN 2014 AND 2022 Extremely Low/
Very Low
(0-50% of AMI)
Low
(51-80% of
AMI)
Moderate
(81-120%
of AMI)
Above
Moderate
(over 120%
AMI)
Total
Units
Projected Need (RHNA) 356 207 231 270 1,064
Total Building Permits Issued 48 19 158 321 546
RHNA balance 308 188 73 0 518
Projects
Entitled
by City
(Not Yet
Produced)
Hamptons - 7 30 563 600
The Oaks – BP under review - - - 123 123
Vallco (SB35) 361 840 - 1,201 2,402
Alan Row/ Bateh Bros. - - 1 9 10
Canyon Crossing 1 - 2 15 18
McClellan subdivision - - 6 5 11
Marina 2.0 - - 36 170 206
Total Projects Entitled by City 362 847 75 2,086 3,370
RHNA Balance* (if BPs were applied
for and issued for all entitled projects)
0 0 0 0 0
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4 *Balance cannot be less than zero and cannot be applied to other income levels if there is excess production in any one income level.

The following provides an overview of the information and tables included in the HCD APR. The City has made progress towards meeting the production requirements in its Fifth Cycle Housing Element covering the 2014-2022 planning period, which is different from the Sixth Cycle Housing Element Update that is underway.

Table A- Housing Development Applications Submitted
This table includes data on housing units and developments for applications submitted and deemed complete. An “application” is a formal submittal of a project for approval, either for a discretionary entitlement (i.e., projects that require approval though a public hearing), or where only a ministerial process is required (e.g., zoned by right), such as the application for a building permit.

The City completed processing a total of 4 development applications, which included 240 units (Marina, Alan Row, Canyon Crossing, McClellan subdivision). The City received the Coach House redevelopment, which is currently under review by the City and includes rental and ownership units for a total of 34 units. The City additionally reviewed 62 ADU applications, 21 replacement single family homes applications, and 8 homes on lots created by subdivision.

Table A2- Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
This table requires information for very-low, low, moderate and above-moderate income housing and for mixed-income projects. This includes data on net new housing units and developments that have received a development entitlement, a building permit, a certificate of occupancy, or other form of readiness that would result in the construction of a new housing unit.

The City entitled a total of 263 net new units, issued building permits for 128 net new units, of which 7 are net new single-family dwellings, 23 are new ADUs, and 98 are new multi-family 5+ unit developments. Additionally, the City issued certificates of occupancy to 33 new and replacement units.

According to HCD’s instructions, if a project application was determined to be complete and received entitlements, building permits, and/or certificates of occupancy during the reporting year, that project would be listed in both Table A and Table A2.

Table B- RHNA Progress – Permitted Units based on level of Affordability This is an auto-populated summary of prior permitting activity in the current planning cycle, including permitting activity for 2022.
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5 Table C- Sites Identified or Rezoned to Accommodate Shortfall Housing Needs Reporting is required when a city or county identified an unaccommodated need of sites from the previous planning period. Cupertino, however, has more than sufficient sites zoned to accommodate RHNA numbers, so this is not applicable to the City.

Table D- Program Implementation Status
This is detailed information on the status and progress of Housing Element program and policy implementation for all programs described in the Fifth Cycle Housing Element.

Cupertino is currently implementing all 26 programs and policies in the Housing Element.

Table E- Commercial Development Bonus Approved
Reporting is required if a jurisdiction has approved any commercial development bonuses during the reporting year. Commercial development bonus means a modification of development standards mutually agreed upon by the City and a commercial developer that is provided to an eligible commercial development. The City did not approve any commercial development bonuses in 2022.

Table F- Units Rehabilitated, Preserved and Acquired for Alternate Adequate Sites This section reports units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved as affordable housing. Projects must be mentioned in the Housing Element as a program-specific site in order to be listed.

This is not applicable to Cupertino because specific sites are not included in the Housing Element; however, the City has gone beyond the Housing Element and provided $1,400,050 in loans/grants for affordable housing rehabilitation projects from 2014 – 2022.

Table F2 – Above Moderate-Income Units Converted to Moderate-Income (NEW) This section reports the number of units in an existing multi-family building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants. No such projects happened in 2022.

Table G- Locally Owned Lands included in Housing Element Sites Inventory This is a report of sites that are owned by the reporting jurisdiction and have been sold, leased, or otherwise disposed of during the reporting year. Sites must be included in the Housing Element Sites Inventory. No such sites are located within the City of Cupertino.

Table H- Locally Owned Surplus Sites Inventory
This is an inventory of surplus lands, and all lands in excess of its foreseeable needs, if any, located in all urbanized areas and urban clusters. This is not applicable to Cupertino, since there are no sites identified as surplus lands within the City.

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6 This section reports SB9 projects only. This table applies to lot-splits applied for and units constructed. On November 15, 2022, the City Council approved an ordinance establishing objective standards and processes for development and subdivision under SB9. However, there were no such project applications received, approved or constructed in 2022.

Table J – Student Housing Development for Lower Income Students with Density Bonus This section reports student housing projects with a density bonus. No such project applications were received, approved or constructed in 2022.

Sustainability Impact
Preparation and submittal of these reports does not result in a sustainability impact.

Fiscal Impacts
Preparation and submittal of these reports does not result in a fiscal impact.

California Environmental Quality Act (CEQA)
Preparation of these reports is not considered a project under CEQA. _______________________________________________________________________ Prepared by: Piu Ghosh, Planning Manager
Kerri Heusler, Housing Manager
Luke Connolly, Interim Assistant Director of Community Development Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - General Plan Annual Report
B - Housing Element Annual Progress Report
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Land Use and
Transportation
The City shall focus higher land use intensities and densities within half–mile of public transit service, and along major corridors. Figure LU‐2 indiciates the maximum residential densities for sites that allow residential land uses.

CommunityDevelopment – Planning General Fund Con. Not an action item. Public Transit Service does not include rideshare services such as VIA, Lyft and Uber.

Development
Allocation
Maintain and update the development allocation table (Table LU‐1) to ensure that the allocations for various land uses adequately meet city goals.

CommunityDevelopment – Planning General Fund Con.

Not an action item. The General Plan amended in Sept.
2019 to eliminate office allocation and complete all
rezoning required to comply with the Housing Element.

No changes to allocation were made in 2020, and 2021 or 2022.

Planning Area
Allocations
Development allocations are assigned for various Planning Areas. However, some flexibility may be allowed for transferring allocations among Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Environmental Impact Report (EIR) for Community Vision 2040.

CommunityDevelopment – Planning General Fund Con. Not an action item.Employee generation for office uses is assigned at 300 s.f./employee; Major Employers
Reserve a development allocation for major companies with sales office and corporate headquarters in Cupertino. Prioritize expansion of office space for existing major companies. New office development must demonstrate that the development positively contributes to the fiscal well–being of the city.

CommunityDevelopment – Planning General Fund Con.

Not an action item. The available allocations as of
12/31/2022 are as follows:

1. Heart of the City: Commercial: 842,165 s.f.; Office:
17,113 s.f.; Hotel Rooms: 122; Residential: 18

2. Vallco Shopping District: Commercial: 1,122,774 s.f.; Hotel Rooms: 191

3. Homestead: Residential: 150

4. N. De Anza: Residential: 97

5. N. Vallco: None

6. S. De Anza: None

7. Bubb: None8. Monta Vista: Commercial: 4,657 s.f.; Office: 13,595 s.f.; Residential: 479. Other: Commercial: 11,225 s.f.; Residential: 6310. Major Employers: Office: 523,118 s.f.

Unused Development
Allocation
Unused development allocations may be re–assigned to the citywide allocation table per Planning Area, when development agreements and development permits expire.

CommunityDevelopment – Planning General Fund Con. Not an action item. This is routinely done as projects expire.

Neighborhood
Allocation
Allocate residential units in neighborhoods through the building permit process unless subdivision or development applications are required.

CommunityDevelopment – Planning General Fund Con. Not an action item. This is routinely done with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Land Use in All
Citywide Mixed–Use
Districts
Encourage land uses that support the activity and character of mixed–use districts and economic goals. Community Development – Planning General Fund Con. Not an action item. Information provided as and when applicants/property owners approach city Commercial and
Residential Uses
Review the placement of commercial and residential uses based on the following criteria:

1. All mixed–use areas with commercial zoning will require retail as a substantial component. The North De Anza Special Area is an exception.

2. All mixed–use residential projects should be designed on the “mixed–use village” concept discussed earlier in this Element.

3. On sites with a mixed–use residential designation, residential is a permitted use only on Housing Element sites and in the Monta Vista Village Special Area.

4. Conditional use permits will be required on mixed–use Housing Element sites that propose units above the allocation in the Housing Element, and on non–Housing Element mixed–use sites.

CommunityDevelopment – Planning General Fund Con. Not an action item. This is reviewed with project review. Consider capturing changes to state law in the future.

Public and
Quasi–Public Uses
Review the placement of public and quasi–public activities in limited areas in mixed–use commercial and office zones when the following criteria are met:

1. The proposed use is generally in keeping with the goals for the Planning Area, has similar patterns of traffic, population or circulation of uses with the area and does not disrupt the operation of existing uses.

2. The building form is similar to buildings in the area (commercial or office forms). In commercial areas, the building should maintain a commercial interface by providing retail activity, storefront appearance or other design considerations in keeping with the goals of the Planning Area.

CommunityDevelopment – Planning General Fund Con.

Not an action item. Information provided as and when
applicants/property owners approach city and reviewed in conjunction with discretionary project review/approval
Parcel Assembly Encourage parcel assembly and discourage parcelization to ensure that infill development meets City standards and provides adequate buffers to neighborhoods. Community Development – Planning General Fund Con.

Not an action item. The Council adopted an urgency
ordinance to allow parcelization and the development of duplex developments in single family zoning areas on
12/21/2021. A regular ordinance was presented to will
be presented for the Planning Commission on 9/27/2022
and to the City Councilʹs consideration in on 11/1/2022.

The second reading was conducted on 11/15/2022.

Community Health
Through Land Use Promote community health through land use and design. Community Development – Planning General Fund, Grants IM In late 2019, Council adopted new limits on storefront
signage advertising tobacco sales and a ban on:
* Flavored tobacco sales,
* New tobacco retailers within 1,000 feet of a school or 500 feet of an existing tobacco retailer,
* sales at pharmacies and vending machines.

The Council adopted a ban on all vaping products and
smoking in multifamily developments in June 2021.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Jobs/Housing Balance Strive for a more balanced ratio of jobs and housing units. Community Development – Planning General Fund, Grants Con.

Not an action item. The General Plan amended in
September 2019 to eliminate office allocation and complete all rezoning to comply with Housing Element. Worthy for the City to strive to ʺseek a balanceʺ as opposed to using a numerical ʺratio.ʺ The City is in the process of
developing the 6th Cycle Housing Element to identifysites that can accommodate its fair share of regionalhousing needs.

Gateways
Implement a gateway plan for the City’s entry points (Figure LU–1) and identify locations and design guidelines for gateway features. Look for opportunities to reflect the gateway concept when properties adjacent to defined gateways are redeveloped.

Public Works –
Engineering andTransportation
General Fund,
Developmentfees
Con.

No action is needed at this time. Gateway signs are
installed through the Capital Improvements Project or
through development review.

Pedestrian–Oriented
Public Spaces
Require development to incorporate pedestrian–scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining and public art.

CommunityDevelopment – Planning
General Fund,
Developmentfees
Con. Not an action item.

Site Planning
Ensure that project sites are planned appropriately to create a network of connected internal street that improve pedestrian and bicycle access, provide public open space and building layouts that support city goals related to streetscape character for various Planning Areas and corridors.

CommunityDevelopment – Planning;Public Works –
Development Servicesand Transportation
General Fund,
DevelopmentFees
Con. Not an action item.

Building Heights and
Setback Ratios
Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU–2). As indicated in the figure, taller heights are focused on major corridors, gateways and nodes. Setback ratios are established to ensure that the desired relationship of buildings to the street is achieved.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. The City adopted minor changes to
Figure LU‐2 to clarify language in October 2021.

Building Design Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity. Community Development – Planning General Fund, Development Fees IM Not an action item. Reviewed in conjunction with discretionary project review/approval. Work Program item for objective design guidelines underway.

Attractive Design
Emphasize attractive building and site design by paying careful attention to building scale, mass, placement, architecture, materials, landscaping, screening of equipment, loading areas, signage and other design considerations.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
IM
Not an action item. Reviewed in conjunction with
discretionary project review/approval. Work Program itemfor objective design guidelines underway.

Mass and Scale Ensure that the scale and interrelationships of new and old development complement each other. Buildings should be grouped to create a feeling of spatial utility. Community Development – Planning General Fund, Development Fees IM Not an action item. Currently implemented via the discretionary design review process, Municipal Code and Specific Plans. Work Program item for objective design guidelines underway.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Transitions
Buildings should be designed to avoid abrupt transitions with existing development, whether they are adjacent or across the street. Consider reduced heights, buffers and/or landscaping to transition to residential and/or low–intensity uses in order to reduce visual and privacy impacts.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
IM
Not an action item. Currently implemented via the
discretionary design review process, Municipal Code and Specific Plans. Work Program item for objective design
guidelines underway.

Compatibility Ensure that the floor area ratios of multi–family residential developments are compatible with buildings in the surrounding area. Include a mix of unit types and avoid excessively large units. Community Development – Planning General Fund, Development Fees IM Work Program related to a study session on development standards for Mixed Use developments underway.

Building Location Encourage building location and entries closer to the street while meeting appropriate landscaping and setback requirements. Community Development – Planning General Fund, Development Fees IM Not an action item. Currently implemented via the discretionary design review process, Municipal Code and Specific Plans. Work Program item for objective design guidelines underway.

Architecture and
Articulation
Promote high–quality architecture, appropriate building articulation and use of special materials and architectural detailing to enhance visual interest.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
IM
Not an action item. Reviewed in conjunction with project review/approval. Work Program item for objective design guidelines underway.

Street Interface
Ensure development enhances pedestrian activity by providing active uses within mixed–use areas and appropriate design features within residential areas along a majority of the buildng frontage facing the street. Mixed–use development should include retail, restaurant, outdoor dining, main entries, etc.

Residential development should include main entrances, lobbies, front stoops and porches, open space and other similar features.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
IM
Not an action item. Reviewed in conjunction with project review/ approval. Work Program item for objective design guidelines underway.

Drive–up Services
Allow drive–up service facility only when adequate circulation, parking, noise control, architectural features and landscaping are compatible with the expectations of the Planning Area, and when residential areas are visually buffered. Prohibit drive–up services in areas where pedestrian–oriented activity and design are highly encouraged, such as Heart of the City, North De Anza Boulevard, Monta Vista Village and neighborhood centers.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con. Not an action item. Information provided upon request.

Specific and
Conceptual Plans
Maintain and update Specific/Conceptual plans and design guidelines for Special Areas such as Heart of the City, Crossroads, Homestead Corridor, Vallco Shopping District, North and South De Anza corridors and Monta Vista Village.

CommunityDevelopment – Planning General Fund IM
Update undertaken when directed to at Council discretionas part of Work Program. Plans implemented through project review/approval.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Entrances In multi–family projects where residential uses may front on streets, require pedestrian–scaled elements such as entries, stoops and porches along the street. Community Development – Planning Development Fees IM Not an action item. Reviewed in conjunction with project review/ approval. Work Program item for objective design guidelines underway.

Multiple–Story
Buildings and
Residential Districts
Allow construction of multiple–story buildings if it is found that nearby residential districts will not suffer from privacy intrusion or be overwhelmed by the scale of a building or group of buildings.

CommunityDevelopment – Planning
DevelopmentFees
IM
Not an action item. Reviewed in conjunction with project review/ approval. Work Program item for objective design guidelines underway.

Street and Sidewalks Ensure that the design of streets, sidewalks and pedestrian and bicycle amenities are consistent with the vision for each Planning Area and Complete Streets policies.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemention via land useplan streetscape requirements (Heart of the City, N. De Anza, Monta Vista Design Guidelines etc.)
Street Trees and
Landscaping
Ensure that tree planting and landscaping along streets visually enhances the streetscape and is consistent for the vision for each Planning Area (Special Areas and Neighborhoods):

1. Maximize street tree planting along arterial street frontages between buildings and/or parking lots.

2. Provide enhanced landscaping at the corners of all arterial intersections.

3. Enhance major arterials and connectors with landscaped medians to enhance their visual character and serve as traffic calming devices.

4. Develop uniform tree planting plans for arterials, connectors and neighborhood streets consistent with the vision for the Planning Area.

5. Landscape urban areas with formal planting arrangements.

Provide a transition to rural and semi–rural areas in the City, generally west of Highway 85.

Public Works – Service
Center
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemention via land use
plan streetscape requirements (Heart of the City, N. De Anza, Monta Vista Design Guidelines etc.) and via Public Works policies related to street tree planting.

Neighborhood
Centers
Retain and enhance local neighborhood shopping centers and improve pedestrian and bicycle access to neighborhoods to improve access to goods and services.

CommunityDevelopment – Planning
General Fund,
Development
Fees
Con.

Not an action item. Information provided as and when
applicants/property owners approach city and reviewed in conjunction with discretionary project review/approval
Mixed–Use Villages
Where housing is allowed along major corridors or neighborhood commercial areas, development should promote mixed–use villages with active ground–floor uses and public space. The development should help create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and businesses.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. Reviewed in conjunction with project review/approval and applicable land use plans (Heart of the City etc.) Work Program item related to objective
design guidelines underway.

Enhance Connections Look for opportunities to enhance publicly–accessible pedestrian and bicycle connections with new development or redevelopment.

CommunityDevelopment – Planning;
Public Works –
Development Servicesand Transportation.

General Fund,
DevelopmentFees
Con.

Not an action item. Reviewed in conjunction with project review/ approval.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Historic Preservation
Maintain and update an inventory of historically significant structures and sites in order to protect resources and promote awareness of the city’s history in the following four categories: Historic Sites, Commemorative Sites, Community Landmarks, and Historic Mention sites (Figure LU–3).

CommunityDevelopment – Planning General Fund Con. Not an action item. Inventory completed. Maintained in General Plan.

Historic Sites Projects on Historic Sites shall meet the Secretary of Interior Standards for Treatment of Historic Properties.

CommunityDevelopment – Planning,CommunityDevelopment – Building General Fund,
DevelopmentFees
Con.

Not an action item. Reviewed in conjunction with project review/approval.

Historic Sites,
Commemorative Sies
and Community
Landmarks
Projects on Historic Sites, Commemorative Sites and Community Landmarks shall provide a plaque, reader board and/or other educational tools on the site to explain the historic significance of the resource.

The plaque shall include the city seal, name of resource, date it was built, a written description and photograph. The plaque shall be placed in a location where the public can view the information.

CommunityDevelopment – Planning,CommunityDevelopment – Building General Fund,
DevelopmentFees
Con.

Not an action item. Reviewed in conjunction with project review/approval.

Public Access
Coordinate with property owners of public and quasi–public sites to allow public access of Historic and Commemorative Sites to foster public awareness and education. Private property owners will be highly encouraged, but not required, to provide public access to Historic and Commemorative Sites.

CommunityDevelopment – Planning,Public Works –
Development Servicesand Transportation
General Fund,
DevelopmentFees
Con.

Not an action item. Reviewed in conjunction with project review/approval.

Historic Mention Sites
There are sites outside the City’s jurisdiction that have contributed to the City’s history. Work with agencies that have jurisdiction over the historical resource to encourage adaptive reuse and rehabilitation and provide public access and plaques to foster public awareness and education.

City Manager General Fund Con. Not an action item. When opportunities arise, provide comments to neighboring agencies regarding this.

Incentives for
Preservation of
Historic Resources
Utilize a variety of techniques to serve as incentives to foster the preservation and rehabilitation of Historic Resources including:

1. Allow flexible interpretation of the zoning ordinance not essential to public health and safety. This could include land use, parking requirements and/or setback requirements.

2. Use the California Historical Building Codes standards for rehabilitation of historic structures.

3. Tax rebates (Mills Act or Local tax rebates).

4. Financial incentives such as grants/loans to assist rehabilitation efforts.

CommunityDevelopment – Planning,CommunityDevelopment – Building;Parks and Recreation – Park Improvement;Public Works – Capital
Improvements
General Fund,
DevelopmentFees
Con.

Not an action item. Information provided when a project applicant/property information proposes a project.

Heritage Trees Protect and maintain the city’s heritage trees in a healthy state.

CommunityDevelopment – Planning,Public Works – Service
Center
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemention via Strategies LU‐6.7.1 and project review by the Planning Division.

Heritage trees within public property maintained by the Street Tree Division.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Heritage Tree List Establish and periodically revise a heritage tree list that includes trees of importance to the community. Community Development – Planning General Fund Con.

Not an action item. List maintained by the GIS division and available on the Cityʹs GIS portal with support
provided by the Planning Division. Heritage Tree list may need to be updated to remove several trees removed over the years due to disease/natural causes.

Cultural Resources Promote education related to the City’s history through public art in public and private developments.

CommunityDevelopment – Planning,
Public Works – Capital
Improvements
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation via public art review/approval by the Arts and Culture Fine Arts
Commission (ACC). The ACC has reviewed 2 public artprojects in 2022 and continues to implement theirprograms such as the Distinguishes Artist, EmergingArtist and Young Artist Awards and Art in UnexpectedPlaces program.

Public Art Stimulate opportunities for the arts through development and cooperation with agencies and the business community.

CommunityDevelopment – Planning General Fund Con.

Not an action item. Ongoing implementation via public art review/approval by the Fine Arts Commission incompliance with the Municipal Code.

Public Art Ordinance Maintain and update an ordinance requiring public art in public as well as private projects of a certain size.

CommunityDevelopment – Planning General Fund IM Ordinance update completed in 2018. Ongoing implementation via project review/ approval.

Gateways Promote placement of visible artwork in gateways to the city.

Public Works – Capital
Improvements andDevelopment Services;Community
Development – Planning
General Fund Con. Not an action item. Ongoing implementation via project review/approval.

Artist Workplace Encourage the development of artist workspace, such as live/work units, in appropriate location in the city. Community Development – Planning General Fund Con. Not an action item. Ongoing implementation via project review/ approval. One live/work project approved on Foothill Blvd in 2015.

Fiscal Impacts Evaluate fiscal impacts of converting office/commercial ues to residential use, while ensuring that the City meets regional housing requirements. Community Development – Planning General Fund, Development Fees Con. Not an action item. Ongoing implementation via project review/approval.

Land Use Encourage land uses that generate City revenue.

City Manager –
Economic Development;
CommunityDevelopment – Planning;
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation via
discretionary project review/approval. Present revenue
generation by land use with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Fiscal Impacts Evaluate fiscal impacts of converting office/commercial uses to residential use, while ensuring that the City meets regional housing requirements. Community Development – Planning General Fund, Development Fees Con. Not an action item. Ongoing implementation via project review/approval.

Incentives for
Reinvestment
Provide incentives for reinvestment in existing, older commercial areas. City Manager – Economic Development General Fund LR No action has been taken/directed by the City Council regarding this item.

Mixed Use
Consider mixed–use (office, commercial, residential) in certain commercial areas to encourage reinvestment and revitalization of sales–tax producing uses, when reviewing sites for regional housingrequirements.

CommunityDevelopment – Planning;City Manager –
Economic Development
General Fund Con. Not an action item. Will be reviewed in conjunction with Housing Element update.

Shared or Reduced
Parking
Consider shared or reduced parking, where appropriate as incentives to construct new commercial and mixed–use development, while increasing opportunities for other modes of transportation.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. The Municipal Code has shared
parking standards which are implemented during project
review (implementation of Transportation DemandManagement strategies via environmental review) Infrastructure and
Streetscape
Improvements
Consider infrastructure and streetscape improvements in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian–oriented area that meets community design goals.

CommunityDevelopment – Planning;Public Works –
Development Services,Capital Improvementsand Service Center General Fund Con.

Not an action item. Implemented via the Capital
Improvement Program at the Councilʹs
discretion/direction.

High Sales–Tax
Producing Retail Use
Consider locations for high sales–tax producing retail uses (such as life–style and hybrid commodity–specialty centers) provided the development is compatible with the surrounding area in terms of building scale and traffic.

City Manager –
Economic Development General Fund LR
Continuing implementation. Several attempts have been
made to identify a suitable location for a Costco. However, one has not been identified.

Property Acquisition Maximize revenue from City–owned land and resources, and ensure that the City’s land acquisition strategy is balanced with revenues.

Public Works –
Development Servicesand Capital
Improvements
General Fund Con.

Ongoing implemetation by annual review of fees and
services provided. Cost benefit analysis of land acquisition is provided to City Council for its decisions.

Efficient Operations Plan land use and design projects to allow the City to maintain efficient operations in the delivery of services including, community centers, parks, roads, and storm drainage, and other infrastructure. Community Development – Planning General Fund Con. Not an action item. Will be reviewed at the next Housing Element update and ongoing implementation via project review/approval.

Collaboration With
Business Community
Collaborate with the business community to facilitate growth, development and infrastructure improvements that benefit residents and businesses.

City Manager –
Economic Development General Fund Con.

Ongoing implementation via partnerships with Apple and
other businesses in Cupertino. Apple contributed ~$9.8
million for bicycle improvements in the City in 2019.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Economic
Development Strategy
Plan
Create and periodically update an Economic Development Strategy Plan in order to ensure the City’s long–term fiscal health and stability and to make Cupertino an attractive place to live, work and play.

City Manager –
Economic Development General Fund IM
A new Economic Development Strategic Plan will be
developed for implementation in FY 22‐23. Local economy market analysis will begin this fiscal year and will serve as the foundation for the Strategy.

Partnerships Create partnerships between the City and other public, and private and non–profit organizations to provide improvements and services that benefit the community. City Manager General Fund Con.

Ongoing implementation. Small Business Saturday is a
recent example of the first‐ever partnership between the City, Chamber and Cupertino Library to bring attention to the benefits of small businesses in the communtiy.

Economic
Development and
Business Retention
Encourage new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality and enhance the City’s physical environment.

City Manager –
Economic Development General Fund Con.

Ongoing implementation via continuous dialogue with the business community, strengthening exisitng partnershipsand froming new ones, as well as outreach and engagement.

Regulations
Periodically review and update land use and zoning requirements for retail, commercial and office development in order to attract high–quality sales–tax producing businesses and services, while adapting to the fast–changing retail, commercial and office environment.

CommunityDevelopment – Planning General Fund Con. Ongoing implementation via the Cityʹs Work Progam at the Councilʹs direction/discretion.

Incubator Work Space Encourage the development of flexible and affordable incubator work space for start–ups and new and emerging technologies.

CommunityDevelopment – Planning
and City Manager –
Economic Development
General Fund Con. Ongoing implementation via discretionary project review/approval.

Development Review
Provide efficient and timely review of development proposals, while maintaining quality standards in accordance with city codes. Look for a solution–based approach to problems while being responsive to community concerns while promote positive communication among parties.

CommunityDevelopment – Planning
and Building
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation via project
review/approval and building plan check.

Work Environment Encourage the design of projects to take into account the well–being and health of employees and the fast–changing work environment.

CommunityDevelopment – Planningand Building, Public
Works – Transportation
General Fund Con.

Public Works is implementing elements of the pedestrian and bicycle master plans to promote healthier alternative forms of transportation.

Local Amenities Encourage office development to locate in areas where workers can walk or bike to services such as shopping and restaurants, and to provide walking and bicycling connections to services.

CommunityDevelopment – Planningand EconomicDevelopment
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation in
conjunction with Land Use Element updates and project
review/approval.

Workplace Policies Encourage public and private employers to provide workplace policies that enhance and improve the health and well–being of their employees. City Manager General Fund Con.

Not an action item. PC recommends that the healthpolicies be updated for generix pandemic policies related to employee density and common areas but not policies
specific to COVID.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Regional Decisions
Coordinate with regional and local agencies on planning, transportation, economic development and sustainability issues to ensure that the decisions improve fiscal health and the quality of life for Cupertino residents and businesses
CommunityDevelopment – Planning;and City Manager –
Economic Development;
Public Works –
Transportation and
EnvironmentalPrograms; City Manager
– Sustainability
General Fund Con.

Not an action item. Staff participates in Regional task forces, working groups and advisory groups to ensure
local points of view are represented.

Regional Planning
Coordination Review regional planning documents prior to making decisions at the local level. Community Development – Planning General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemenation in
conjunction with General Plan updates and project
review/approval.

Neighboring
Jurisdictions Collaborate with neighboring jurisdictions on issues of mutual interest. City Manager General Fund Con.

Not an action item. Ongoing implemetation by
participating in Regional task forces, working groups and advisory groups to ensure local points of view are
represented.

Urban Service Area Work with neighboring jurisdictions to create boundaries that are defined by logical municipal service areas. City Manager General Fund Con.

Not an action item. The City works with LAFCO to
determine these boundaries. The City has acquired
property to form a new park at the eastern border of the City. (near Rancho Rinconada ‐ abutting Lawrence Expwy) Annexation completed.

Tax Sharing
Agreements
Consider entering into tax–sharing agreements with adjacent jurisdictions in order to facilitate desired boundary realignments. City Manager General Fund LR No action has been taken with regard to tax‐sharing agreements.

Annexation
Actively pursue the annexation of unincorporated properties within the City’s urban service area, including the Creston neighborhoods, which will be annexed on a parcel–by–parcel basis with new development. Other remaining unincorporated islands will be annexed as determined by the City Council.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con.

Not an action item. LAFCO encourages the annexation of
all county pockets. Ongoing implementation of this, as and when, properties are available for annexation.

Connectivity
Create pedestrian and bicycle access between new developments and community facilities. Review existing neighborhood circulation to improve safety and access for students to walk and bike to schools, parks, and community facilities such as the library.

CommunityDevelopment – Planning,Public Works –
Development Servicesand Transportation
General Fund Con.

No action required at this time. Ongoing implemenation
via implementation of the Bicycle and Pedestrian Master Plans and during project review/approval.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment De Anza College
Allow land uses not traditionally considered part of a college to be built at De Anza College, provided such uses integrate the campus into the community, provide facilities and services not offered in the City and/or alleviate impacts created by the college.

City Manager General Fund Con.

Not an action item. Staff supports the incorporation of such uses as the opportunity presents itself; however, the City does not have land use or permitting authority over state facilities.

Land Use Regulations Establish and maintain building and development standards for hillsides that ensure hillside protection.

CommunityDevelopment – Planning
and Building, Public
Works – Development
Services
General Fund Con. Not an action item. Ongoing implementation via the Municipal Code and project review/approval.

Ordinance and
Development Review
Through building regulations and development review, limit development on ridgelines, hazardous geological areas and steep slopes. Control colors and materials and minimize the illumination of outdoor lighting. Reduce visible building mass with measures including, stepping structures down the hillside, following natural contours, and limiting the height and mass of the wall plane facing the valley floor.

CommunityDevelopment – Planningand Building, Public
Works – DevelopmentServices
General Fund Con.

Not an action item. Ongoing implementation via the
Municipal Code during project review/approval. Thesepolicies are now also implemented through the Cityʹs Urgency Ordinance related to SB 9 development.Expected to carry through in the regular ordinance to be adopted in November 2022.

Slope–Density
Formula
Apply a slope–density formula to very low intensity residential development in the hillsides. Density shall be calculated based on the foothill modified, foothill modified 1/2 acre and the 5–20 acre slope density formula. Actual lot sizes and development areas will be determined through zoning ordinances, clustering and identification of significant natural features and geological constraints.

CommunityDevelopment – Planning General Fund Con.

Not an action item. Ongoing implementation via
Appendix F of the General Plan and the Land Use Map.

Does not apply to SB 9 subdivisions.
1976 General Plan –
Previously
Designated Very Low
Density: Semi–Rural
5–Acre
Properties previously designated Very Low–Density Residential: Semi–Rural 5–Acre per the 1976 General Plan may be subdivided using that formula. Properties that have already been since subdivided in conformance with the above designation have no further subdivision potential for residential purposes.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. All properties within this category have now sub‐divided. And no other potential for further subdivision exists, except for subdivisions authorizedunder SB 9.

Existing Lots in
Foothill Modified and
Foothill Modified
1/2–Acre Slope
Density Designations
Require discretionary review with a hillside exception for hillside or R1 properties if development is proposed on substandard parcels on slopes per the R1 and RHS zoning.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation via the
Municipal Code. This provision cannot be applied to SB 9 projects.

Clustering
Subdivisions
Cluster lots in major subdivisions and encourage clustering in minor subdivisions, for projects in the 5–20 acre slope density designation. Reserve 90 percent of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. Keep the open space areas contiguous as much as possible.

CommunityDevelopment – Planning General Fund Con. Not an action item. Ongoing implementation during project review/approval.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Rural Improvement
Standards in Hillside
Areas
Require rural improvement standards in hillside areas to preserve the rural character of the hillsides.

Improvement standards should balance the need to furnish adequate utility and emergency services against the need to protect the hillside, vegetation and animals.

Public Works –
Development Servicesand Transportation
General Fund Con.

Not an action item. Ongoing implementation via
application of rural standards maintained by the Public Works Department and by SCC Fire in conjunction with
project review/approval.

Grading Follow natural land contours and avoid mass grading of sites during construction, especially in flood hazard or geologically sensitive areas. Grading hillside sites into large, flat areas shall be avoided.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con.

Not an action item. Ongoing implementation via
Municipal Code standards during project
review/approval. These policies are now also were
implemented in 2022 through the Cityʹs Urgency
Ordinance related to SB 9 development. Expected to
carry through in the regular ordinance to be adopted in November 2022.

Roads Roads should be narrowed to avoid harming trees and streambeds.

Public Works –
Development Services,
Capital Improvementsand Transportation
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implementation via
application of rural standards maintained by the PublicWorks Department in conjunction with project review/approval.

Trees
Retain significant specimen trees, especially when they grow in groves or clusters and integrate them into the developed site.

CommunityDevelopment – Planning
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemenation via
implementation of the Municipal Code
Hillside Views
The Montebello foothills at the south and west boundary of the valley floor provide a scenic backdrop, adding to the City’s scale and variety. While it is not possible to guarantee an unobstructed view of the hills from every vantage point, an attempt should be made to preserve views of the foothills.

CommunityDevelopment – Planning,Public Works – Capital
Improvements
General Fund,
DevelopmentFees
Con.

Not an action item. Implemented by Strategies LU‐12.4.1 and LU‐12.4.2
Views from Public
Facilities
Design public facilities, particularly open spaces, so they include views of the foothills or other nearby natural features, and plan hillside developments to minimize visual and other impacts on adjacent public open space.

Public Works – Capital
Improvements
General Fund,
Grants
Con.

Not an action item. Ongoing implementation during
project design
Development near
Public Space
Locate private driveways and building sites as far as possible from property boundaries adjoining public open space preserves and parks to enhance the natural open space character and protect plant and animal habitat.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund,
DevelopmentFees
Con.

Not an action item. Ongoing implemantation via
implementation of the Residential Hillside standards in the Municipal Code
Development in the
County Jurisdiction
Development in the County, particularly if located near Cupertino’s hillsides and urban fringe area, should consider the goals and policies in Community Vision 2040.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con. Implemented by Strategy 12.5.1
County Development
Development in these areas should be compatible with Cupertino’s hillside policies of low–intensity residential, agricultural or open space uses. Preservation of the natural environment, clustering sites to minimize impact and dedication of open space are encouraged. Visual impacts, access, traffic and other impacts, and service demands should be assessed in consultation with Cupertino’s goals and policies.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con.

Not an action item. Comments are sent to the County if
development is proposed near the Cupertino hillsides and urban fringe area to ensure this is communicated.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Heart of the City
Specific Plan
The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a cohesive, landscaped boulevard that links its distinct sub–areas and is accessible to all modes of transportation.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund IM Not an action item. Heart of the City adopted by the Council in 1995 and amended several times (last in 2014).

Redevelopment Encourage older properties along the boulevard to be redeveloped and enhanced. Allow more intense development only in nodes and gateways as indicated in the Community Form Diagram (Figure LU–2). Community Development – Planning General Fund IM Not an action item. Heart of the City adopted by the Council in 1995 and amended several times (last in 2014).

Parcel Assembly Encourage the assembly of parcels to foster new development projects that can provide high–quality development with adequate buffers for neighborhoods. Community Development – Planning General Fund Con. Not an action item. implemented during project review/ approval at the Councilʹs discretion.

Neighborhood
Centers and Activity
Areas
A majority of the commercial development allocation should be devoted to rehabilitating neighborhood centers and major activity centers with a focus on creating pedestrian–oriented, walkable and bikeable areas with inviting community gathering places. Land uses between the activity centers should help focus and support activity in the centers. Neighborhood centers should be retrofitted and redeveloped using the “neighborhood commercial centers” concept discussed earlier in this Element.

CommunityDevelopment –Planning, Public Works –
Development Services
General Fund Con. Not an action item. Implemented during project review/approval.

Land Use The Heart of the City area allows a mix of retail, commercial, office and residential uses. Special uses are provided in the Heart of the City Specific Plan. See Figure LU–2 for residential densities and criteria. Community Development – Planning General Fund Con. Not an action item.

Building Form Buildings should be high–quality, with pedestrian–oriented and active uses along the street. Community Development – Planning General Fund Con.

Not an action item. Design guidelines in Heart of the City Specific Plan. Additionally, specific and objective design guidelines to be developed with the Mixed‐use Design
Guidelines Work program item.

Streetscape and
Connectivity
Create a walkable and bikeable boulevard with active uses and a distinct image for each subarea.

CommunityDevelopment – Planning,
Public Works –
Development Services
General Fund Con. Not an action item. Streetscape design in Heart of the City Specific Plan Streetscape
Provide active uses along the street frontage, bike lanes, sidewalks that support pedestrian–oriented activity, improved pedestrian crossings at street intersections, and attractive transit facilities (e.g., bus stops, benches, etc.).

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con.

Not an action item. Standards related to active uses in Heart of the City Specific Plan, which is implemented in project review/approval
Street Trees and
Landscaping
Create a cohesive visual image with street tree plantings along the corridor, but with distinct tree types for each sub–area to support its distinct character and function.

CommunityDevelopment – Planning,Public Works –
Development Servicesand Service Center
General Fund IM
Not an action item. Streetscape design in Heart of the City Specific Plan. Possible changes due to item in FY20/21 City Council Work Program.

Connectivity
Properties within a block should be inter–connected with shared access drives. Provide pedestrian paths to enhance public access to and through the development. New development, particularly on corner lots, should provide pedestrian and bicycle improvements along side streets to enhance connections to surrounding neighborhoods.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con.

Not an action item. E.g. all properties between N. Portal and N. Blaney are inter‐connected with shared access
drives. Most properties between N. Blaney and Randy
Lane are inter‐connected. Bike and pedestrianimprovements required for all properties that develop.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Traffic Calming Evaluate options on Stevens Creek Boulevard to improve the pedestrian environment by proactively managing speed limits, enforcement, and traffic signal synchronization. Public Works – Transportation and Development Services General Fund Con. Not an action item. City performs ongoing evaluations of speed limits, traffic signal timing and coordination with enforcement efforts.

Neighborhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single–family residential areas from visual and noise impacts. Community Development – Planning General Fund Con. Not an action item. Standards related to buffers in Heart of the City Specific Plan and implemented with project review.

Land Use Primary land uses include quasi–public/public facilities, with supporting mixed commercial/residential uses.

CommunityDevelopment – Planning General Fund Con. Not an action item. Implemented through the Heart of the City Specific Plan.

Streetscape
Street tree planting that supports an active, pedestrian–oriented environment. Street tree planting should provide a connection with the adjacent foothills with trees such as oaks.

CommunityDevelopment – Planning;Public Works –
Development Servicesand Service Center
General Fund Con. Not an action item. Implemented through the Heart of the City Specific Plan and Cityʹs street tree planting policies.

Gateway Concept Buildings should be high–quality in keeping with the gateway character of the area. Projects should provide or contribute towards gateway signs and landscaping.

CommunityDevelopment – Planning,Public Works –
Development Services
General Fund Con. Not an action item. Implemented during project review.

De Anza College
Node
Buildings should be designed to fit into the surroundings with pedestrian–orientation. Externalizing activities by providing cafeterias, bookstores and plazas along the street and near corners is encouraged.

CommunityDevelopment – Planning General Fund Con. Not an action item. Staff supports the incorporation of such uses as the opportunity presents itself.

Oaks Gateway Node This is a gateway retail and shopping node. New residential, if allowed, should be designed on the “mixed–use village” concept discussed earlier in this Element. Community Development – Planning General Fund IM Development project modification approved in December2021. Units reduced from 267 to 259 by applicant. Project description and plans available at
www.cupertino.org/westport.

Community
Recreation Node
Contribute to the high–quality streetscape with trees, sidewalks, building and site design, and active uses such as main entries, lobbies or similar features along the street to reinforce pedestrian orientation.

Public Works –
Development Services;
CommunityDevelopment – Planning
General Fund Con. Not an action item. Implemented through the Heart of the City Specific Plan.

Crossroads
Streetscape Plan
Create a streetscape plan for the Crossroads Subarea that provides design standards and guidelines for an attractive, walkable, vibrant shopping village, where commercial and roadway design encourage pedestrian activity. The plan will include the following elements:
*Land use plan specifying the type, intensity and arrangement of land uses to promote pedestrian and business activity.*Streetscape plan that provides for an attractive pedestrian streetscape. *Design guidelines that foster pedestrian activity and a sense of place.

CommunityDevelopment – Planning,Public Works –Development Services General Fund LR
While standards for an attractive, walkable and assessible public sidewalk design have been established, no further action has been taken on creation of a streetscape plan for the Crossroads subarea.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Uses
Include in this subarea primary uses such as retail, office and commercial. Ground floor uses shall have active retail uses with storefronts. Commercial office and office uses may be allowed on upper levels. In the case of deep lots, building along the street should provide retail and buildings in the back may be developed with allowed uses. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con.

Currently implemented through the Heart of the City
Specific Plan during project review since a separate
Crossroads plan has not been developed.

Streetscape
Primary ground–floor entrances shall face the street. The streetscape shall consist of wide pedestrian sidewalks with inviting street furniture, street trees, pedestrian–scaled lighting with banners, small plazas, art/water features, pedestrian crosswalks with special paving, and other elements identified in the Crossroads Streetscape Plan.

CommunityDevelopment – Planning,Public Works –
Development Servicesand Transportation
General Fund Con.

Currently implemented through the Heart of the City
Specific Plan during project review since a separate
Crossroads plan has not been developed.

CommunityDevelopment – Planning,Public Works –
Development Servicesand Transportation
General Fund Con.

Currently implemented through the Heart of the City
Specific Plan during project review since a separate
Crossroads plan has not been developed.

Shared Parking Require shared parking and access arrangements throughout the area, with overall parking standards reflecting the shared parking. Community Development – Planning General Fund Con. Currently implemented through the Heart of the City Specific Plan. Shared parking arrangements exist at the Target/Bottegas site and the Crossroads Shopping Center.

De Anza Boulevard/
Stevens Creek
Boulevard Landmark
Secure permanent landscape easements as a condition of development from properties at the intersection of De Anza and Stevens Creek Boulevards for construction of a future landmark. The landmark mayinclude open space, landscaping and other design elements at the corners. Land at the southeast corner will remain a publicly accessible park.

Community
Development – Planning General Fund Con.

Easements exist at the N‐E, S‐E and S‐W corners. The only corner at which this does not exist, though the existing building itself frames the corner is the N‐W corner. This will be implemented with new development proposed at
that corner.

City Center Node Establish the City Center Node as a moderately–scaled, medium–density mixed–use office, hotel, retail and residential area, with an integrated network of streets and open space. Community Development – Planning General Fund Con. Not an action item.

Uses
A mix of uses including, office, hotel, retail, residential and civic uses. The ground floor of buildings along the street should be activated with pedestrian–oriented, active uses including retail, restaurants, and entries. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Connectivity
New development should improve the connectivity within the block and with surrounding streets, including connections to the Crossroads subarea.

CommunityDevelopment – Planning; General Fund Con. Not an action item.

Building Form Buildings should be moderately–scaled to transition from existing taller buildings to the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area. Community Development – Planning General Fund Con. Not an action item. Figure LU‐2 has slope line established and Heart of the City Specific Plan has landscape easement requirements.

Gateway Concept Buildings should be designed with high–quality architecture and landscaping befitting the gateway character of the site. Community Development – Planning General Fund Con. Not an action item. Heart of the City Specific Plan has design guidelines.

Open Space
A publicly–accessible park shall be retained at the southeast corner of Stevens Creek and De Anza Boulevards and shall include public art, seating areas and plazas for retail and restaurant uses along the ground floor of adjacent buildings.

Parks and Recreation –Business Services
General Fund Con. Not an action item. Completed.

Civic Center Node Create a civic heart for Cupertino that enables community building by providing community facilities, meeting and gathering spaces, public art, and space for recreation and community events.

Public Works –
Development Servicesand Capital
Improvements
General Fund IM
Civic Center Master Plan provides guidance on capital
projects in this node. Library expansion project was
considered in the Civic Center Master Plan and was
constructed in 2021.

Land Use
Allow a mix of uses including commercial, retail, commercial office and limited residential uses. The ground floor of buildings along the street should be active uses including retail, restaurants, entries etc.

Neigborhood centers shall be remodeled or redeveloped using the “neighborhood commercial center” concept described earlier in this Element. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con.

Not an action item. Main Street development completed in 2015. Metropoitan Condominiums built in 2006/2007.

Nineteen800 developed in 2016. Three properties ownedby Apple Inc. with offices are the only ones not redeveloped in the recent past. A project on one of the Apple parcels currently under review.

Land Use
Allow regional commercial with retail, commercial, office and hotels as the primary uses, with residential mixed–use as a supporting use. Retail, restaurant and other active uses are highly encouraged on the ground floor facing the street. In case of office complexes, active uses such as entries, lobbies or plazas should be provided on the ground floor along the street. Neighborhood centers shall be remodeled or redeveloped using the “neighborhood commercial centers” concept described earlier in this Element. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con. Not an action item. Implemented through the Heart of the City Specific Plan during project review.

South Vallco Retain and enhance the South Vallco area as a mixed–use retail, office and residential district with a pedestrian–oriented, downtown atmosphere. Community Development – Planning General Fund Con. Not an action item.

Uses
Encourage a mix of retail, commercial, office, residential and hotel uses. Provide active retail uses on the ground floor facing the street or outdoor pedestrian corridor with connections to adjacent development.

Office sites to the north of Vallco Parkway are encouraged to provide retail uses. However, if retail is not provided, office sites should provide entries and active uses along the street frontage.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Vallco Parkway Vallco Parkway is envisioned as a parkway with bike lanes, wide sidewalks, street–trees and on–street parking. The street will connect to a future street grid in the Vallco Shopping District.

CommunityDevelopment – Planning;Public Works –
Development Services
General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Allowed Land Uses
The following uses are allowed in the Vallco Shopping District Special Area (see Figure LU‐2 for residential densities and criteria and Figure LU‐4 for location of allowable land uses):

1. Residential: Permit residential and ground floor commercial development within the portion of the site designated for Regional Shopping/Residential uses in advance of creating a specific plan, at a maximum density of 35 dwelling units per acre and a minimum density of 29.7 dwelling units per acre by right, with maximum heights as shown in Figure LU‐2. Limited ground floor commercial uses are permitted, but not required, in connection with residential development.

2. Non‐Residential: Permit commercial uses consistent with the Regional Shopping/ Residential and Regional Shopping designation. Maintain a minimum of 600,000 square feet of retail that provide a good source of sales tax for the City. Entertainment uses may be included but shall consist of no more than 30 percent of retail uses.

Community
Development – Planning IM
Policy edited in September 2019. Vallco SB35 project
building permits under review. Planning Commission in
2020, as part of the GP annual report process,
reccommended on 4‐1 (Fung ‐ no) straw poll to consider
requiring ground floor retail along Vallco Parkway.

Development
Standards
New development within the Vallco Shopping District Special Area shall be required to comply with the following standards:

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review. ʺTown Centerʺ Layout
Create streets and blocks laid out using ʺtransect planningʺ (appropriate street and building types for each area), which includes a discernable center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology. Private streets must be open to the sky. Connections between buildings are permitted at levels above the third floor for public serving uses or for limited walkways (no wider than 10 feet) which may be private.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Existing Streets
Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian‐friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to accommodate the connections to Nineteen800, Main Street, and the surrounding areas.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Tribal Coordination
The City of Cupertino shall coordinate with applicable Native American tribal representatives following approval of development in the Vallco Shopping District Special Area to ensure appropriate cultural sensitivity training is provided to all contractors prior to the start of ground‐disturbing activities.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Specific Plan
Create a Vallco Shopping District Specific Plan prior to any development on the portion of the site with the Regional Shopping designation that lays out the land uses, design standards and guidelines, and infrastructure improvements required.

The Specific Plan will be based on the following strategies:

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Master Developer
Redevelopment of the portion of the site with the Regional Shopping designation pursuant to the specific plan will require a master developer in order remove the obstacles to the development of a cohesive district with the highest levels of urban design.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Parcel Assembly
Parcel assembly and a plan for complete redevelopment of the site is required prior to designating any additional area for residential uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Complete
Redevelopment
The ʺtown centerʺ plan should be based on complete redevelopment of the site in order to ensure that the site can be planned to carry out the community vision.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Connectivity
Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is pedestrian‐oriented, connects to existing streets, and creates walkable urban blocks for buildings and open space. It should also incorporate transit facilities, provide connections to other transit nodes and coordinate with the potential expansion of Wolfe Road bridge over Interstate 280 to continue the walkable, bikeable boulevard concept along Wolfe Road. The project should also contribute towards a study and improvements to a potential Interstate 280 trail along the drainage channel south of the freeway and provide pedestrian and bicycle connections from the project sites to the trail.

CommunityDevelopment – Planning IM
Policy edited in September 2019. Vallco SB35 project
building permits under review. Juniperro Serra trail
funding is in early stages. In 2020, as part of the GP
Annual Report, Comm. Fung wishes for the last sentence
to be struck from this Strategy.

Open Space
Open space in the form of a central town square on the west and east sides of the district interspersed with plazas and “greens” that create community gathering spaces, locations for public art, and event space for community events.

Public Works –
Development Services;
CommunityDevelopment – Planning
IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Building Form Buildings should have high‐quality architecture, and an emphasis on aesthetics, human scale, and create a sense of place. Taller buildings should provide appropriate transitions to fit into the surrounding area. Community Development ‐ Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Gateway Character High‐quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. Community Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Phasing Plan A phasing plan that lays out the timing of infrastructure, open space and land use improvements that ensures that elements desired by the community are included in early phases. Community Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Parking
Parking in surface lots shall be located to the side or rear of buildings. Underground parking beneath buildings is preferred. Above grade structures shall not be located along major street frontages. In cases, where above‐grade structures are allowed along internal street frontages, they shall be lined with retail, entries and active uses on the ground floor. All parking structures should be designed to be architecturally compatible with a highquality “town center” environment.

CommunityDevelopment – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Trees
Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed.

CommunityDevelopment – Planning;
Public Works –
Development Services
IM Policy edited in September 2019. Vallco SB35 project building permits under review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Neighborhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting singlefamily residential areas from visual and noise impacts. Community Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.

Land Use
This area is a major employment node with office, and research and development uses. Retail and hotel uses are allowed on the west side of Wolfe Road. Redevelopment of the retail site at the corner of Wolfe and Homestead Roads should be based on the “neighborhood commercial center” concept described earlier in this Element. Retail uses are not required on the Hamptons site. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con.

The Hamptons project (on a Housing Element site)
approved in 2016. Building permits not submitted yet.

Hotel at Cupertino Village approved in 2019. Building
permits not submitted yet. In 2020, as part of the GP
Annual Report process, Planning Commission
recommended that N. De Anza Special Area is worthy of
being re‐evaluated for a different balance of land uses.

Streetscape and
Connectivity
Future roadway improvements on Wolfe Road, Homestead Road, and Tantau Avenue should be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters, and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area.

Public Works –
Development Services General Fund Con. Not an action item.

Building Form
Buildings in the retail and hotel area should provide active, pedestrian–oriented uses along the street.

Buildings should transition to fit the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area. In addition to the height limits established in the Community Form Diagram, buildings abutting the campus shall incorporate appropriate setbacks, landscaped buffering, and building height transitions to minimize privacy and security impacts.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Pedestrian and
Bicycle Connections
Pedestrian–oriented retail and hotel development will support a diverse population of workers and residents in the area. Trail routes, and alternate trail routes to address security and privacy concerns of major employers, shall be developed to provide pedestrian and bicycle connections to other destinations.

CommunityDevelopment – Planning Con. Not an action item.

Gateway Concept
Building and landscape design should be of high quality and reflect the fact that this area is a gateway into Cupertino from Interstate 280 and points north. The project should provide gateway signage and treatment.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining single–family residential uses. Community Development – Planning General Fund Con. Not an action item.

Conceptual Plan Amend the North De Anza Conceptual Plan to create a cohesive set of land use and streetscape regulations and guidelines for the North De Anza area.

Community
Development – Planning;
Public Works –
Development Services,
IM Relevant changes to N. De Anza will be considered with the Housing Element udpate Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 345
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Land Use Primarily office, and research and development uses supplemented with limited commercial and residential uses. See Figure LU–2 for residential densities and criteria. Community Development – Planning General Fund IM Relevant changes to N. De Anza will be considered with the Housing Element udpate Streetscape and
Connectivity
North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements andenhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson school to the east and provide access to transit routes.

Community
Development – Planning;
Public Works –
Development Services
General Fund IM Relevant changes to N. De Anza will be considered with the Housing Element udpate Building Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings along the street with pedestrian scaled elements and locate building entries and active uses along the street frontage to improve the pedestrian character of the area. Mixed–use buildings should include entries, active uses and gathering spaces along the street.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into Cupertino from Interstate 280 and points north. Community Development – Planning General Fund Con. Not an action item.

Expected to be considered in conjunction with the
Housing Element update.

Conceptual Plan Maintain and implement the existing South De Anza and Sunnyvale–Saratoga Conceptual Plans. Community Development – Planning General Fund Con. Not an action item.

Land Use
General Commercial and retail uses with limited commercial office, office and residential uses.

Neighborhood centers should be redeveloped in the “neighborhood commercial centers” concept discussed earlier in this Element. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con.

Not an action item. Planning Commission as part of the
2020 GP Annual Report process, recommends considering
changing the allowed mix of uses.

Parcel Assembly Highly encourage assembly of parcels to resolve the fragmented and narrow lot pattern and encourage high–quality development with adequate buffers for neighborhoods. Community Development – Planning General Fund Con. Not an action item.

Streetscape and
Connectivity
South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods.

Public Works –
Development Services;CommunityDevelopment – Planning
General Fund Con. Not an action item.

Shared Access Since South De Anza is a heavily traveled route, properties in the same block should be connected with auto and pedestrian access through shared access easements to reduce impacts on the corridor.

CommunityDevelopment – Planning General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Building Design
Locate buildings and commercial pads along the street with parking areas to the side and rear. Provide pedestrian–scaled elements and active uses including retail, restaurants, and entries along the street.

Outdoor plaza and activity area can be located along the street with sidewalk and street trees to buffer them from through traffic.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area has gateways from Highway 85 and at the souther and eastern borders of Cupertino. Community Development – Planning General Fund Con. Not an action item.

Conceptual Plan Create a conceptual plan for the Homestead Road Special Area with a cohesive set of land use and streetscape regulations and guidelines. Community Development – Planning General Fund LR No action has been taken with regard to creating a conceptual plan for the Homestead Special Area.

Land Use
Primarily retail, commercial and residential uses, with some limited quasi–public use. Redevelopment of neighborhood centers should be based on the “neighborhood commercial center” concept discussed earlier in this element. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Connectivity
Homestead Road is envisioned to become a boulevard with bike and pedestrian improvements and new bicycle and pedestrian crossings at De Anza Boulevard, Blaney Avenue, Wolfe Road, and Tantau Avenue.

This will provide better access for people moving east/west through the City north of Interstate 280, linking neighborhoods in the western part of the City with Homestead High School, Homestead Square Shopping Center and Apple Campus 2 to the east.

Public Works –
Development Services General Fund Con. Not an action item.

Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into the northern part of Cupertino. Community Development – Planning General Fund Con. Not an action item.

Land Use Allowed uses in the Bubb Road Special Area will consist of those described in the ML–rc ordinance with limited commercial and residential uses. Community Development – Planning General Fund Con. Not an action item. As part of the 2020 General Plan Annual Report, Planning Commission recommended considering changing the allowed mix of uses.

Streetscape and
Connectivity
Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid.

Such improvements will also improve routes from the northern and eastern neighborhood to thetri–school area, parks and services and reduce impacts caused to school and employment traffic.

Public Works –
Development Services General Fund Con.

Not an action item. Bike and pedestrian improvements
occuring in compliance with ped/bike Master Plans and
funds provided by private developers.

Building and Site
Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings along the street with pedestrian–scaled elements and locate building entries and active uses along the street frontage to improve the pedestrian character of the area.

CommunityDevelopment – Planning General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Compatibility of Use The compatibility of non–industrial uses with industrial uses must be considered when reviewing new development. Community Development – Planning General Fund Con. Not an action item.

Neighborhood Buffers New industrial uses should provide building transitions, setbacks and landscaping to provide a buffer for adjoining low–intensity residential users. Community Development – Planning General Fund Con. Not an action item.

Conceptual Plan
Continue to govern Monta Vista’s commercial area through the Monta Vista Design Guidelines. The guidelines provide direction for architecture, landscaping and public improvements. Create a Monta Vista Village Conceptual Plan with a cohesive set of updated regulations and guidelines for this area.

CommunityDevelopment – Planning General Fund Con./LR
No action has been taken with regard to creating a Monta Vista Village Conceptual Plan, though the Monta Vista
Design Guidelines are in effect and continue to be
implemented.

Land Use
Encourage the commercial district to serve as a neighborhood commercial center for Monta Vista Village and its adjoining neighborhoods. Mixed–use with residential is encouraged. The industrial area should be retained to provide small–scale light industrial and service industrial opportunities, while remaining compatible with the surrounding residential and commercial uses. See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con. Not an action item. Current zoning supports this.

Buildings and Site
Design
Encourage buildings to be designed in a way that promotes the small–scale, older and mixed–use character of the area. Buildings should be located along the street with pedestrian–scale architecture and retail and active uses on the ground floor. Parking should be located to the rear.

CommunityDevelopment Planning General Fund Con. Not an action item. Implemented through existing standards in the Monta Vista Design Guidelines.

Storefront
Appearance
Commercial and office buildings shall include a storefront appearance to the public street, and shall not be separated from the public sidewalk by extensive landscaping or changes in elevation. Office buildings shall be designed to accommodate future entrances from the sidewalk for future retail uses.

CommunityDevelopment – Planning General Fund Con. Not an action item. Implemented through existing standards in the Monta Vista Design Guidelines.

Parking
Commercial properties or commercial portions of properties may rely on public parking on Pasadena and Imperial Avenues to meet their off–site parking needs within the area bounded by Granada Avenue, Stevens Creek Boulevard, Orange Avenue, and the Union Pacific right–of–way (see diagram to the right).

CommunityDevelopment – Planning General Fund Con. Not an action item.

Street Design and
Connectivity
Maintain Monta Vista Village as a walkable, bikeable mixed–use neighborhood with sidewalks, street trees and roadway improvements for bike lanes and sidewalks with routes to the tri–school area.

Automobile, pedestrian and bicycle improvements are envisioned along other streets in this area to create an interconnected grid and with new development to remove street blockages and promote a network of streets. On–street parking is encouraged. Roadway and sidewalk improvements will also improve school routes from the northern neighborhoods to the tri–school area.

CommunityDevelopment – Planning;Public Works –
Development Services
General Fund Con.

Not an action item. School route and sidewalk
improvements being completed through the Capital
Improvements Project.

Interconnected Access Individual properties shall have interconnected pedestrian and vehicle access and shared parking. Community Development – Planning General Fund Con. Not an action item. Implemented through existing standards in the Monta Vista Design Guidelines.

Residential Streets
Residential street improvements may have a semi–rural appearance based on the Municipal Code requirements. Safe routes to school streets, or any others designated by the City Council shall be required to have sidewalks and street trees.

Public Works–
Development Services General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Land Use
Retrofit or redevelop neighborhood centers using the “neighborhood commercial centers” concept discussed earlier in this Element. Areas that are not designated as “neighborhood centers” are encouraged to provide commercial uses with active uses such as entries, lobbies, seating areas or retail along the street.

See Figure LU–2 for residential densities and criteria.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Building and Site
Design
Encourage buildings to be designed in a pedestrian–oriented format. Buildings should be located along the street with pedestrian–scale architecture and retail and active uses on the ground floor. Parking should be located to the sides or rear. Buildings may be one to two stories in height. In some instances, buildings may be three stories in height.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Street Design and
Connectivity
Create neighborhood centers that area walkable, bikeable areas with sidewalks, street trees and roadway improvements for bike lanes sidewalks to provide connections to the neighborhoods that they service.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Neighboring Buffers Encourage projects to include building transitions, setbacks and landscaping to provide a buffer for adjoining low–intensity residential uses. Community Development – Planning General Fund Con. No action has been taken on this at this time.

Compatibility Ensure that new development within and adjacent to residential neighborhoods is compatible with neighborhood character. Community Development – Planning General Fund Con. Not an action item.

Regulations Maintain and update design regulations and guidelines for single–family development that address neighborhood compatibility and visual and privacy impacts. Community Development – Planning General Fund Con. Not an action item.

Neighborhood
Guidelines
Identify neighborhoods that have a unique architectural style, historical background or location and develop plans that preserve and enhance their character. Support and budget for special zoning or design guidelines (e.g. the Fairgrove Eichler neighborhood) and single–story overlay zones in neighborhoods, where there is strong neighborhood support.

Community
Development – Planning General Fund Con. Not an action item.

Flexibility When neighborhoods are in transition, add flexibility for requirements for new development that acknowledge the transition while continuing to respect the existing neighborhood. Community Development – Planning General Fund Con. Not an action item.

Late Night Uses
Discourage late–evening entertainment activities such as night–clubs in commercial areas where parcels are especially narrow, abut single–family residential development, and cannot adequately provide visual and noise buffers.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Relationship to the
Street
Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Entries Define neighborhood entries through architecture, or landscaping appropriate to the character of the neighborhood. Gates are discouraged because they isolate developments from the community. Community Development – Planning General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Connections
Support pedestrian and bicycling improvements that improve access with neighborhoods to parks, schools and local retail, and between neighborhoods. Support traffic calming measures rather than blocking the street to reduce traffic impacts on neighborhoods.

Public Works –
Development Services General Fund Con.

Not an action item. Implemented through the Bike/Ped
Master Plans and the Capital Improvement project and/or project review.

Streets
Determine appropriate street widths, bike lane, sidewalk and streetlight design to define the unique character of neighborhoods, where appropriate.

Public Works –
Development Services General Fund Con. Not an action item.

Multi–family
Residential Design Maintain an attractive, liveable environment for multi–family dwellings. Community Development – Planning General Fund Con. Not an action item.

Provision of Outdoor
Areas
Provide outdoor areas, both passive and active, and generous landscaping to enhance the surroundings for multi–family residents. Allow public access to the common outdoor areas whenever possible.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Ordinance Updates Update the Planned Development (residential) and R–3 ordinances to achieve the policies and strategies applicable to multi–family development in neighborhoods. Community Development – Planning General Fund Con./IM Completed update to Planned Development Ordinance in 2019.

Compatibility of Lots Ensure that zoning, subdivision and lot–line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns. Community Development – Planning General Fund Con. Not an action item.

Lot Size
Ensure that subdivision and lot–line adjustment requests respect the neighborhood lot size patterns.

Consider revisions to lot size requirements if the neighborhood lot pattern is different from the zoning requirements.

CommunityDevelopment – Planning;Public Works –
Development Services
General Fund Con. Not an action item.

Flag Lots Allow flag lots only in cases where they are the sole alternative to integrate subdivisions with the surrounding neighborhood.

CommunityDevelopment – Planning;Public Works –
Development Services
General Fund Con. Not an action item.

Protection
Protect residential neighborhoods from noise, traffic, light, glare, odors and visually intrusive effects from more intense development with landscape buffers, site and building design, setbacks and other appropriate measures.

CommunityDevelopment – Planning;Public Works –
Development Servicesand Transportation
General Fund Con. Not an action item. Implemented via standards in the Municipal Code.

Amenities and
Services
Improve equitable distribution of community amenities such as parks and access to shopping within walking and bicycling distance of neighborhoods.

Public Works –
Development Services;CommunityDevelopment – Planning
General Fund IM
Parks Master Plan provides guidance to enhance an
equitable distribution of community amenities. No further action required at this time.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Connectivity
Improve bicycle and pedestrian environment along Foothill Boulevard and Stevens Canyon Road to improve neighborhood connectivity to services as well as for hikers and bikers accessing natural open spaces in the vicinity.

Public Works –
Transportation
General Fund Con. Not an action item. Implemented through the Ped/Bike Master Plans and improvements for private developments.

Merriman–Santa
Lucia Neighborhood
Allow legal, non–conforming duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Development
Intensity
Require development intensity for the single–family Oak Valley neighborhood to be consistent with the development agreement that includes the use permit and other approvals. The development agreement describes development areas, intensity and styles of development, public park dedication, tree protection, access and historic preservation. The theme of the approvals is to balance development with environmental protection by clustering development, setting it back from sensitive environmental areas and preserving large areas as permanent open space.

CommunityDevelopment – Planning General Fund Con. Not an action item.

Design Elements
Require buildings to reflect the natural hillside setting as required in residential hillside zones with traditional architectural styles and natural materials and colors. Larger building elements should be scaled to respect the existing development in the surrounding area.

CommunityDevelopment – Planning General Fund Con. Not an action item. Architectural standards in the approved documents for the Oak Valley development.

Development
Standards Require all new construction to conform to the R1–e zoning (Single Family Residential – Eichler). Community Development – Planning General Fund Con. Not an action item.

Design Guidelines Encourage residents to incorporate the design guidelines illustrated in the Eichler Design Guidelines. Community Development – Planning General Fund Con. Not an action item.

Provision of Adequate
Capacity for New
Construction
Designate sufficient land at appropriate densities to accommodate Cupertinoʹs Regional Housing Needs Allocation (RHNA) of 1,064 units for the 2014‐2022 planning period.

CommunityDevelopment – Planning General Fund IM
Completed with identification of Priority Housing Sites in 2014/2015 and completion of rezoning in 2019. HousingElement update to accomodate 6th Cycle RHNA of 4,588 units commenced in October 2021, statutorily required to be completed by Jan. 31 2023. Initial outreach conducted in 2021. Expected to be completed by Fall 2023.

Housing Densities Provide a full range of densities for ownership and rental housing. Community Development – Planning None Required Con. Not an action item.

Mixed‐use
Development Encourage mixed–use development near transportation facilities and employment centers. Community Development – Housing None Required Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment CommunityDevelopment – Planningand Housing
None Required IM Action completed
Second Dwelling
Units
The City will continue to implement the Second Dwelling Unit Ordinance and encourage the production of second units.

CommunityDevelopment – Planning None Required Con.

Not an action item. 74 ADUs have been permitted through 2022. The ordinance is regularly updated to comply with state law. Pre‐approved ADUs Program was part of the
2020‐2021 City Council Work Program and has been
launched. One property has utilitzed the pre‐approved
ADU program.

Land Use Policy and
Zoning Provisions
To accommodate the Regional Housing Needs Allocation (RHNA), the City will continue to:
*Provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA of 1,064 units while maintaining a balanced land use plan that offers opportunities for employment growth, commercial/retail activities, services and amenities. *Monitor development standards to ensure they are adequate and appropriate to facilitate a range of housing in the community.
*Monitor the sites inventory and make it available on the City website. *Monitor development activity on the Housing Opportunity Sites to ensure that the City maintains sufficient land to accommodate the RHNA during the planning period. In the event a housing site listed in the Housing Element sites inventory is redeveloped with a non–residential use or at a lower density than shown in the Housing Element sites inventory, ensure that the City has adequate capacity to meet the RHNA by making the findings required by Government Code Section 65863 and identifying alternative site(s) within the City if needed.
* Priority Housing Sites: As part of the Housing Element update, the City has identified five priority sites under Scenario A (see Table HE–5) for residential development over the next eight years. The General Plan and zoning designations allow the densities shown in Table HE–5 for all sites except the Vallco Shopping District will involve significant planning and community input. A specific plan will be required to implement a comprehensive strategy for a retail/office/residential mixed use development. The project applicant would be required to work closely with the community and the City to bring forth a specific plan that meets the community’s needs, with the anticipated adoption and rezoning to occur within three years of the adoption of the 2014–2022Housing Element (by May 31, 2018). The specific plan would permit 389 units by right at a minimum density of 20 units per acre. If the specific plan and rezoning are not adopted within three years of Housing Element adoption (by May 31, 2018), the City will schedule hearings consistent with Govt. Code Section 65863 to consider removing Vallco as a priority housing site under Scenario A, to be replaced by sites identified in Scenario B (see detailed discussion and sites listing of “Scenario B” in Appendix B – Housing Element Technical Appendix). As part of the adoption of Scenario B, the City intends to add two additional sites to the inventory: Glenbrook Apartments and Homestead Lanes, along with increased number of permitted units on The Hamptons and The Oaks sites.

Applicable zoning is in place for Glenbrook Apartments and Homestead Lanes site would need to be rezoned at that time to permit residential uses. Any rezoning required will allow residential uses by right at a minimum density of 20 units per acre.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Lot Consolidation
To facilitate residential and mixed use developments, the City will continue to:
*Encourage lot consolidation when contiguous smaller, underutilized parcels are to be redeveloped.*Encourage master plans for such sites with coordinated access and circulation. *Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment where appropriate.
*Encourage intra– and inter–agency cooperation in working with applicants at no cost prior to application submittal for assistance with preliminary plan review.

CommunityDevelopment – Planning None Required Con. Not an action item.

Flexible Development
Standards
The City recognizes the need to encourage a range of housing options in the community. The City will continue to:*Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratio and setbacks, particularly for higher density and attached housing developments.*Consider granting reductions in off–street parking on a case–by–case basis for senior housing.

CommunityDevelopment – Planning None Required Con. Not an action item. Implemented via Municipal Code.

Heart of the City
Specific Plan
To reduce constraints to housing development, and in order to ensure that the designated sites can obtain the realistic capacity shown in the Housing Element, the City will review revisions to the Heart of the City Specific Plan residential density calculation requirement, to eliminate the requirement to net the non–residential portion of the development from the lot area.

CommunityDevelopment – Planning None Required IM Action completed in 2014.

Housing Mitigation
Ensure that all new developments – including market–rate residential developments – help mitigate project–related impact on affordable housing needs.

CommunityDevelopment – Planning
BMR AHF Con. Not an action item. Implemented via Municipal Code and BMR Manual.

Range of Housing
Types
Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate cost of housing) and affordability levels. Emphasize the provision of housing for lower– and moderate–income households including wage earners who provide essential public services (e.g.school district employees, municipal and public safety employees, etc.) CommunityDevelopment – Housing
BMR AHF Con.

Not an action item. Hamptons (approved in 2016)
provided 30 moderate and 7 Low Income units and
Marina (approved in 2016) provided 2 moderate and 16
Very‐low income units. Hamptons has a 10 yearDevelopment Agreement approved in 2016. Hamptons had a 5 year Development Agreement which has expired
in 2021. A modification of the project is anticipated. Vallco SB35 project approved with 361 267 Very low and 840 934 Low income units in 2018.

Development of
Affordable Housing
and Housing for
Persons with Special
Needs
Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units.

CommunityDevelopment – Planningand Housing

BMR AHF IM
FY 19‐20, FY 20‐21, FY 21‐22, and FY 22‐23 work program ‐ Efforts to accommodate an Extremely Low Income
affordable housing development for persons with
developmental disabilities underway. The City issued an Request for Proposal (RFP) in the Fall of 2022 for the
development of affordable housing at the Mary Avenue
site and received one proposal, currently in review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Office and Industrial
Housing Mitigation
Program
The City will continue to implement the Office and Industrial Housing Mitigation Program. This program requires that developers of office, commercial and industrial space pay a mitigation fee, which will then be used to support affordable housing in the City of Cupertino. These mitigation fees are collected and deposited in the City’s Below Market–Rate Affordable Housing Fund (BMR AHF).

CommunityDevelopment – Planningand Housing

BMR AHF IM
Housing Mitigation Manual and BMR Fee updated in May
2020, including new 20% inclusionary requirement for
ownership units in projects over 7 units.

The City will continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market–rate residential development. This program applies to new residential development. Mitigation includes either the payment of the “Housing Mitigation” fee or theprovision of a Below Market–Rate (BMR) unit or units. Projects of seven or more for–sale units must provide on–site BMR units. Projects of six units or fewer for–sale units can either build one BMR unit or pay the Housing Mitigation fee. Developers of market–rate rental units, where the units cannot be sold individually, must pay the Housing Mitigation fee to the BMR AHF. The BMR program specifies the following:a. Priority. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino full–time employees, and Cupertino public service employees as defined in Cupertino’s Residential Housing Mitigation Manual.b. For–Sale Residential Developments. Require 15% for–sale BMR units in all residential developments where the units can be sold individually (including single–family homes, common interest developments, and condominium conversions or allow rental BMR units as allowed in (d) below). c. Rental Residential Developments. To the extent permitted by law, require 15% rental very low and low–income BMR units in all rental residential developments. If the City is not permitted by law to requireBMR units in rental residential developments, require payment of the Housing Mitigation Fee. d. Rental Alternative. Allow rental BMR units in for–sale residential developments, and allow developers of market–rate rental developments to provide on–site rental BMR units. If the developer: 1) enters into an agreement limiting rents in exhange for a financial contribution or a type of assistance specified in density bonus law (which includes a variety of regulatory relief); and 2) provides very low–income and low–income BMR rental units.
e. Affordable Prices and Rents. Establish guidelines for affordable sales prices and affordable rents for new affordable housing and update the guidelines each year as new income guidelines are received. f. Development of BMR Units Off Site. Allow developers to meet all or a portion of their BMR or Housing Mitigation fee requirement by making land available for the City or a nonprofit housing developer to construct affordable housing, or allow developers to construct the required BMR units off site, in partnership with a nonprofit. The criteria for land donation or off–site BMR units (or combination of the two options) will be identified in the Residential Housing Mitigation Manual. g. BMR Term. Require BMR units to remain affordable for a minimum of 99 years; and enforce the City’s first right of refusal for BMR units and other means to ensure that BMR units remain affordable.

Residential Housing BMR AHF
Mitigation Program
CommunityDevelopment – Planningand Housing
Con Add people with special needs, as a bonus point?
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Below Market‐Rate
(BMR) Affordable
Housing Fund (AHF)
The City’s BMR AHF will continue to support affordable housing projects, strategies and services, including but not limited to:
• BMR Program Administration
• Substantial rehabilitation
• Land acquisition
• Acquisition of buildings forpermanent affordability, with or without rehabilitation• New construction
• Preserving “at‐risk” BMR units
• Rental operating subsidies
• Down payment assistance
• Land write‐downs
• Direct gap financing
• Fair housingThe City will target a portion of the BMR AHF to benefit extremely lowincome households and persons with special needs (such as the elderly,
victims of domestic violence, and the disabled, including persons with developmental disabilities), to the extent that these target populations are found to be consistent with the needs identified in the nexus study the City prepares to identify the connection, or “nexus” between new developments and the need for affordable housing.To ensure the mitigation fees continue to be adequate to mitigate the impacts of new development on affordable housing needs, the City will update its Nexus Study for the Housing Mitigation Plan by the end of 2015.

CommunityDevelopment – Housing

BMR AHF IM
Nexus study updated in 2015 and 2020. Details about the use of the BMR AHF are reviewed and approved by the
Housing Commission and the City Council. In 2022, the
BMR program served 21 new renters and 4 new
homeowners. The City provided $50,000 in BMR AHF to
Project Sentinel for tenant landlord counseling and dispute and worked on 125 Cupertino cases.

Housing Resources
Cupertino residents and developers interested in providing affordable housing in the City have access to a variety of resources administered by other agencies. The City will continue to provide information on housing resources and services offered by the County and other outside agencies.

These include, but are not limited to:
• Mortgage Credit Certificate (MCC) – Santa Clara County Housing and Community Development Department.• First‐Time Homebuyer Assistance and Developer Loans for Multi‐Family Development‐ Housing Trust Silicon Valley (HTSV). • Housing Choice Vouchers (Section 8) ‐ Housing Authority of Santa Clara County (HASCC). • Affordable housing development
CommunityDevelopment – Housing None Required Con.

No action is required at this time. Information and
technical assistance continues to be provided by City Staff and Rise Housing Solution, BMR program administrator.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Surplus Properties for
Housing
The City will explore opportunities on surplus properties as follows:
*Work with local public agencies, school districts and churches to identify surplus properties or underutilized properties that have the potential for residential development. *Encourage long–term land leases of properties from churches, school districts, and corporations for construction of affordable units.
*Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus properties.*Research other jurisdictions housing programs for teachers for their potential applicability in Cupertino.

CommunityDevelopment – Housing
BMR AHF Con.

Housing staff reviewing opportunities on an ongoing
basis. FY 19‐20, FY 20‐21, and FY 21‐22 work program
item‐ evaluate feasability of affordable development on City owned sites (10301 Byrne Avenue and Mary Avenue)
Incentives for
Affordable Housing
Development
The City will continue to offer a range of incentives to facilitate the development of affordable housing.

These include:
*Financial assistance through the City’s BMR AHF and CDBG funds *Partner with CDBG and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low income Housing Tax Credits (LIHTC), and mortgage revenue bonds.
*Flexible development standards.
*Technical assistance.
*Waiver of park dedication fees and construction tax.*Parking ordinance waivers. *Expedited permit processing.The City joined the Santa Clara County HOME Consortium so that HOME funds for eligible affordable housing projects within the City of Cupertino are available beginning federal fiscal year 2015.

CommunityDevelopment – Housingand Planning
BMR AHF,CDBG; HOME;
General Fund
Con.

In 2022, BMR AHF and CDBG funds were provided to the
following: •CDBG ‐ $98,511.880 to Rebuilding Together
Silicon Valley, a low income housing repair and rehab
program •CDBG‐ $222,971.72 to Vista Village Renovation
Project, a low income affordable housing development.

Also, participate in the Regional CDBG/ Housing
Coordinators meeting and provide technical assistance to the public service agencies it funds. The City is a member of the Santa Clara County HOME Consortium and the
Santa Clara County Consortium for State PLHA funds.

Density Bonus
Ordinance
The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include one of the following:
*At least 5% of the housing units are restricted to very low income residents. *At least 10% of the housing units are restricted to lower income residents *At least 10 % of the housing units in a for–sale common interest development are restricted to moderate income residents.*The project donates at least 1 acre of land to the City or county large enough for 40 very low income units; the land has the appropriate general plan designation, zoning, permits, approvals, and access to public facilities needed for such housing; funding has been identified; and other requirements are met.

A density bonus of up to 20% must be granted to projects that contain one of the following:
*The project is a senior citizen housing development (no affordable units required). *The project is a mobile home park age restricted to senior citizens (no affordable units required).

For projects that contain on–site affordable housing, developers may request one to three regulatory concessions, which must result in identifiable cost reductions and be needed to make the housing affordable.The City will update the density bonus ordinance as necessary to respond to future changes in State Law.

CommunityDevelopment – Planning
and Housing
None Required Con.

Recent amendments (as of Sept. 2020) to state law will
required the city to amend the Density Bonus Ordinance
in 2021. These will be presented in 2021 for adoption. In addition, the City approved the Westport project inAugust 2020, which was further modified in 2021, whichutilized the state density bonus provisions, includingdensity bonus, incentives and concessions and waivers.The City has approved projects which include DensityBonuses, Waivers and Incentives on four of the five 5thCycle Priority Housing Sites. The City is additionallycurrently reviewing projects that proposed DensityBonus waivers on other sites.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Extremely Low‐
Income Housing and
Housing for Persons
with Special Needs
The City will continue to encourage the development of adequate housing to meet the needs of extremely low–income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities). Specifically, the City will consider the following incentives:
*Provide financing assistance using the BMR AHF and CDBG *Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character.*Grant reductions in off–street parking on a case–by–case basis. *Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME finds, Low Income Housing Tax Credits( LIHTC), and mortgage revenue bond.

CommunityDevelopment – Housing
BMR AHF;
CDBG; HOME Con. Not an action item.

Employee Housing
The City permits employee housing in multiple zoning districts. Pursuant to the State Employee Housing Act, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. The Employee Housing Act also specifies that housing for six or fewer employees be treated as a residential use. The City amended the Zoning Ordinance to be consistent with the State law in 2014 and will continue to comply with the Employee Housing Act where it would apply.

CommunityDevelopment – Planning None Required IM Completed in 2014. Zoning Code amended to be consistent with State Law.

Housing
Rehabilitation
Pursue and/or provide funding for the acquisition/rehabilitation of housing that is affordable to very low–, low– and moderate–income households. Actively support and assist non–profit and for–profit developers in producing affordable units.

CommunityDevelopment – Housing
BMR AHF;
CDBG; HOME Con.

In 2022, CDBG funds were provided to the following
residential rehabilitation efforts: •CDBG ‐ $98,511.880 to Rebuilding Together Silicon Valley, a low income housing repair and rehab program •CDBG‐ $222,971.72 to Vista
Village Renovation Project, a low income affordable
housing development.

Maintenance and
Repair
Assist lower–income homeowners and rental property owners in maintaining and repairing their housing units.

CommunityDevelopment – Housing
BMR AHF;CDBG; HOME Con.

Not an action item. In 2022, CDBG funds were provided to the following residential rehabilitation efforts: •CDBG ‐ $98,511.880 to Rebuilding Together Silicon Valley, a low income housing repair and rehab program •CDBG‐ $222,971.72 to Vista Village Renovation Project, a low income affordable housing development.

Conservation of
Housing Stock
The City’s existing multi–family units provide opportunities for households of varied income levels.

Preserve existing multi–family housing stock by preventing the net loss of multi–family housing units in new development and the existing inventory of affordable housing units that are at risk of converting to market–rate housing.

CommunityDevelopment – Housing
BMR AHF;CDBG; HOME Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Residential
Rehabilitation
The City will continue to:
*Utilize its BMR AHF and CDBG funds to support residential rehabilitation efforts in the community.

These include: Acquisition/rehabilitation of rental housing and Rehabilitation of owner–occupied housing. *Provide assistance for home safety repairs and mobility/accessibility improvements to income–qualified owner–occupants using CDBG funds. The focus of this strategy is on the correction of safety hazards. *Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low Income Housing Tax Credits (LIHTC), and mortgage revenue bonds.

CommunityDevelopment – Housing
BMR AHF;CDBG; HOME Con.

Preservation of At‐
Risk Housing Units
One housing project – Beardon Drive (eight units) – is considered at risk of converting to market–rate housing during the next ten years. The City will proactively contact the property owner regarding its intent to remain or opt out of the affordable program. In the event, the project becomes a risk of converting to market–rate housing, the City will work with the property owner or other interested non–profithousing providers to preserve the units. The City will also conduct outreach to the tenants to provide information on any potential conversion and available affordable housing assistance programs.

The City will continue to monitor its entire portfolio of affordable housing for–sale and rental inventory annually. The City will monitor its affordable for–sale inventory by ordering title company lot books, reviewing property profile reports and updating its public database annually. The City will monitor its affordable rental income certifications for each BMR tenant. The City records a Resale Restriction Agreement against each affordable BMR for–sale units and Regulatory Agreement for BMR rental units to help ensure long–term affordability. To help further preserve the City’s affordable housing stock, the City may consider providing assistance to rehabilitate and upgrade the affordable unit as well.

CommunityDevelopment – Housing
BMR AHF;
CDBG; HOME Con.

Not an action item. Several units coming up on expiration of their deed restrictions. Can there be an incentive to retain them in the BMR pool?
Condominium
Conversion
The existing Condominium Conversion Ordinance regulates the conversion of rental units in multi–family housing development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino and adjacent areas is less than 5% at the time of application for conversion and has average 5% over the past six months. The City will continue to monitor the effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced housing stock with rental housing.

CommunityDevelopment – Planning None Required Con. Not an action item.

Housing Preservation
Program
When a proposed development or redevelopment of a site would cause a loss of multi–family housing, the City will grant approval only if:
*The project will comply with the City’s BMR program
*The number of units provided on the site is at least equal to the number of existing units; and *Adverse impacts on displaced tenants, in developments with more than four units, are mitigated.

In addition, indirect displacement may be caused by factors such as increased market rents as areas become more desirable. The City will participate, as appropriate, in studies of regional housing need and displacement, and consider policies and programs to address the indirect displacement of lower income residents as appropriate.

CommunityDevelopment – Planningand Housing
None Required Con.

Not an action item. In 2016, the Hamptons project was
required to provide relocation assistance to the displaced tenants in the existing units.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Neighborhood and
Community Clean‐up
Campaigns
The City will continue to encourage and sponsor neighborhood and community clean–up campaigns for both public and private properties.

CommunityDevelopmentPublicWorks – EnvironmentalPrograms General Fund Con. Not an action item.

Energy and Water
Conservation Encourage energy and water conservation in all existing and new residential development.

CommunityDevelopment – Buildingand Planning
None Required Con. Not an action item. Implemented via Strategies HE‐4.1.1 & HE‐4.1.2 Enforcement of Title
24 The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainabililty Element.

CommunityDevelopment – Building None Required Con. Not an action item. Implemented through the Municipal Code.

Sustainable Practices
The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and non–residential development, additions, renovations, and tenant improvements of ten or more units.

To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than ten units to exceed the minimum requirements of the CA Green Building Code. This City will also implement the policies in its climate action plan to achieve residential–focused greenhouse gas emission reductions and further these community energy and water conservation goals.

CommunityDevelopment – Planningand Building
None Required Con. Not an action item. Implemented through the Municipal Code.

Lower‐Income and
Special Needs
Households
Support organizations that provide services to lower–income households and special needs households in the City, such as the homeless, elderly, disabled and single parent households.

CommunityDevelopment – Housing
None BMRAHF; CDBG;
HSG
Con.

Not an action item. Implemented via Strategies HE‐5.1.1 & HE‐5.1.2
Emergency Shelters
The City will continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the “BQ” Quasi–Public zoning district. The City will subject emergency shelters to the same development standards as other similar uses within the BQ zoning district, except for those provisions permitted by State Law and provided in the Zoning Ordinance for emergency shelters.

CommunityDevelopment – Planning None Required Con. Not an action item.

Supportive Services
for Lower‐Income
Households and
Persons with Special
Needs
The City will continue to utilize its BMR AHF, CDBG and General Fund Human Service Grants (HSG) funds to provide for a range of supportive services.

CommunityDevelopment – Housing
BMR AHF;
CDBG; HSG
Con.

In 2022, BMR AHF, CDBG, and HSG funds were provided
to the following: •HSG‐ $10,000 to Catholic Charities of Santa Clara County, a long‐term care ombudsman
program•HSG‐ $25,000 to MAITRI, a transitional housingdirect client services program•HSG‐ $15,000 to Senior Adult Legal Assistance, a legal assistance to eldersprogram; •HSG ‐ $65,780 to Haven to Home, a West Valley Community Services Program
Rotating Homeless
Shelter The City will continue to support the operation of a Rotating Homeless Shelter program. Community Development – Housing None Required Con. No action is required at this time.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Housing
Discrimination
The City will work to eliminate on a citywide basis all unlawful discrimination in housing with respect to age, race, sex, sexual orientation, marital or familial status, ethnic background. medical condition, or other arbitrary factors, so that all persons can obtain decent housing.

CommunityDevelopment – Housing
BMR AHF;CDBG Con. Implemented via Strategies HE‐6.1.1.

Fair Housing Services
The City will continue to:
*Provide fair housing services, which include outreach, education, counseling, and investigation of fair housing complaints.*Retain a fair housing service provider to provide direct services for residents, landlords and other housing professionals.*Coordinate with efforts of the Santa Clara County Fair Housing Consortium to affirmatively further fair housing.*Distribute fair housing materials produced by various organizations at public counters and public events CommunityDevelopment – Housing
BMR AHF;
CDBG
Con.

Continue to provide fair housing services including
outreach, education, counseling, and investigation of fair housing complaints. In 2022, $50,000 in BMR AHF funds
were provided to Project Sentinel, for Fair Housing &
Tenant Landlord Counseling & Dispute ResolutionServices (125 cases).

Coordination with
Local School Districts
The Cupertino community places a high value on the excellent quality of education provided by the three public school districts which serve residents. To ensure the long–term sustainability of the schools in tandem with the preservation and development of vibrant residential areas, the City will continue to coordinate with the CUSD, FHUSD, and SCUSD.

CommunityDevelopment – Planning None Required Con. Not an action item. All development projects are forwarded for review to the school districts.

Coordination with
Regional Efforts to
Address Housing‐
Related Issues
Coordinate efforts with regional organizations, including ABAG and the BAAQMD, as well as neighboring jurisdictions, to address housing and related quality of life issues (such as air quality and transportation).

CommunityDevelopment – Housingand Planning
None Required Con.

Staff participated in regional coordination efforts with the now concluded RHNA process with regional planning
staff to represent local views. Staff continues to coordinate Public‐Private
Partnerships
Promote public‐private partnerships to address housing needs in the community, especially housing for the workforce.

CommunityDevelopment – Planning
and Housing
None Required Con. Not an action item.

Coordination with
Outside Agencies and
Organizations
The City recognizes the importance of partnering with outside agencies and organizations in addressing local and regional housing issues.

These may include, but are not limited to, the following:
*School districts*Housing providers
*Neighboring jurisdictions
*ABAG*BAAQMD*Housing Trust Silicon Valley
*Santa Clara County Fair Housing Consortium*Santa Clara County Continuum of Care (COC) *Housing Authority of Santa Clara County (HASCC)
*VTASpecifically, the City will meet with these agencies/organizations periodically to discuss the changing needs, development trends, alternative approaches, and partnering opportunities.

CommunityDevelopment – Planningand Housing
None Required Con. Not an action item. Continued coordination with regional agencies and non‐profits.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Regional
Transportation
Planning
Participate in regional transportation planning processes to develop programs consistent with the goals and policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system. Work with neighboring cities to address regional transportation and land use issues of mutual interest.

Public Works –
Transportation
General Fund Con. Not an action item. Coordination with neighboring cities and regional agencies is active and ongoing.

Transportation Impact
Analysis
Participate in the development of new multi–modal analysis methods and impact thresholds as required by Senate Bill 743. However, until such impact thresholds are developed, continue to optimize mobility for all modes of transportation while striving to maintain the following intersection Levels of Service (LOS) at a.m. and p.m. peak traffic hours:
*Major intersections: LOS D*Stevens Creek Boulevard and De Anza Boulevard: LOS E+ *Stevens Creek Boulevard and Stelling Road: LOD E+
*De Anza Boulevard and Bollinger Road: LOS E+
Public Works –
Transportation
General Fund IM
Transportation Analysis Guidelines have been developed
for both CEQA and non‐CEQA evaluation of
transportation impacts of land development per the
requirements of SB 743. LOS standards in GP need to be
evaluated in terms of VMT impact in order to be consistent with SB 743
Regional Trail
Development
Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail.

Public Works –
Development Servicesand Transportation
None Required Con. No action requried at this time. Implemented through the Bike/Ped Master Plans.

Street Design Adopt and maintain street design standards to optimize mobility for all transportation modes including automobiles, walking, bicycling and transit. Public Works – Development Services and Transportation General Fund Con. Not an action item. Environmental Programs staff suggests modifying existing GP language to add references to Green Stormwater Infrastructure.

Adjacent Land Use
Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the City.

Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.

Rural Road
Improvement
Standards
Consider candidate rural roads and develop specific street improvement standards that preserve the rural character of these streets. Rural roads would typically feature natural landscaping, no sidewalks and narrow unpaved shoulders.

Public Works –
Transportation andDevelopment Services
General Fund Con. Not an action item. Implemented in cooperation with neighborhoods at their request.

Semi–rural Road
Improvements
Standards
Consider candidate semi–rural roads where curb and gutter improvements, and no sidewalks, are appropriate.

Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Implemented in cooperation with neighborhoods at their request.

Urban Road
Improvement
Standards
Develop urban improvement standards for arterials such as Stevens Creek and De Anza Boulevards. In these areas, standards may include wide sidewalks, tree wells, seating, bike racks and appropriate street furniture.

Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.

Suburban Road
Improvement
Standards
Develop suburban road improvement standards for all streets not designated as rural, semi‐rural or in the Crossroads Area.

Public Works –
Transportation andDevelopment Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.

Connectivity
Promote pedestrian and bicycle improvements that improve connectivity between planning areas, neighborhoods and services, and foster a sense of community.

Public Works –
Transportation andDevelopment Services
General Fund Con. Not an action item. Implemented through the Bike/Ped Master Plans.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Community Impacts
Reduce traffic impacts and support alternative modes of transportation rather than constructing barriers to mobility. Do not close streets unless there is a demonstrated safety or over–whelming through traffic problem and there are no acceptable alternatives since street closures move the problem from one street to another.

Public Works –Transportation and
Development Services
General Fund Con. Not an action item. Ongoing implementation through Safe Routes to School and other programs.

Public Accessibility Ensure all new public and private streets are publicly accessible to improve walkability and reduce impacts on existing streets. Public Works – Transportation and Development Services General Fund Con. Not an action item. Reviewed in conjunction with development review.

Traffic Calming Consider the implementation of best practices on streets to reduce speeds and make them user–friendly for alternative modes of transportation, including pedestrians and bicyclists. Public Works – Transportation and Development Services General Fund Con. FY 19/20 Work Plan Item. Traffic calming program funded and ongoing.

Bicycle and
Pedestrian Master
Plan
Adopt and maintain a Bicycle and Pedestrian Master Plan, which outlines policies and improvements to streets, extension of trails, and pathways to create a safe way for people of all ages to bike and walk on a daily basis, and as shown in Figure M‐1.

Public Works –
Transportation
General Fund IM
Master Plans completed and ongoing maintenance of these plans will be performed. Implementation ongoing through the Capital Improvement Program. Projects of note
include: Regnart Creek Trail, McClellan Separated bike
lane phase 2 (Pacifica to Stelling), Mary Ave Separated bike lane project.

Development
Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout theCity.

CommunityDevelopment – Planning;
Public Works –
Transportation andDevelopment Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.

Pedestrian and
Bicycle Crossings
Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as creeks, highways and road barriers.

Public Works –
Transportation
General Fund Con. Not an action item. Implemented through the Bike/Ped Master Plans.

Street Widths Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for automobiles as a means of improving traffic flow.

Public Works –
Transportation
General Fund Con. Not an action item.

Curb Cuts Minimize the number and the width of driveway openings.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.

Shared Driveway
Access
Encourage property owners to use shared driveway access and use shared driveway access and interconnected roads within blocks, where feasible. Require driveway access closures, consolidations or both when a site is remodeled or redeveloped.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Direct Access from
Secondary Streets
Encourage property with frontages on major and secondary streets to provide direct access to driveways from the secondary street.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.

Safe Spaces for
Pedestrians
Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with development review.

Capital Improvement
Program
Plan for improvements to pedestrian and bicycle facilities and eliminate gaps along the pedestrian and bicycle network as part of the City’s Capital Improvement Program.

Public Works –
Transportation and
Capital Improvements
CapitalImprovementFund
Con.

Not an action item. Implemented through the Capital
Improvement Program.

Bicycle Parking Require new development and redevelopment to provide public and private bicycle parking.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Implemented through the Municipal Code.

Outreach Actively engage the community in promoting walking and bicycling through education, encouragement and outreach on improvement projects and programs. Public Works – Transportation General Fund Con. Not an action item. Implemented through the Cityʹs Safe Routes to School program, Sustainability and other mobility programs.

Quarry Operations Prioritize enforcement of truck speeds from Stevens Creek and the Lehigh Cement Plan on Stevens Canyon Road, and Stevens Creek and Foothill Boulevards. Santa Clara County Sheriff’s Department General Fund Con. Not an action item. Ongoing implementation and coordination with Sheriff Department.

Transit Agencies Coordinate with VTA to improve transportation service, infrastructure and access in the City, and to connect to transportation facilities such as Caltrain and VTA light rail stations. Public Works – Transportation None Required Con. Not an action item. Ongoing coordination.

Local Transportation
Services
Create or partner with transit providers, employers, education institutions, and major commercial entities to minimize gaps within local transportation services.

Public Works –
Transportation
General Fund IM
VIA shuttle service was successful between Oct 2019 and March 2020. Service suspended due to COVID‐19
pandemic. Service resumed in late 2021. Pilot ends in June 2023.City received an $8.5 million grant in partnershipwith the City of Santa Clara to expand and operate theVia service for 5 years.

Connecting Special
Areas
Identify and implement new or enhanced transit services to connect all Special Areas as identified in Figure PA‐1 (Chapter 2: Planning Areas)
Public Works –
Transportation
General Fund IM
VIA shuttle service was successful between Oct 2019 and March 2020. Service suspended due to COVID‐19
pandemic. Service resumed in late 2021. Pilot ends in June 2023. Staff pursuing grand opportunities to expand servicein partnership with neighboring cities. City received an$8.5 million grant in partnership with the City of SantaClara to expand and operate the Via service for 5 years.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Transit Facilities with
New Development
Work with VTA and/or major developments to ensure all new development projects include amenities to support public transit including bus stop shelters, space for transit vehicles as appropriate and attractive amenities such as trash receptacles, signage, seating and lighting.

CommunityDevelopment – Planning;Public Works –
Transportation andDevelopment Services
None Required Con. Not an action item. Reviewed in conjunction with development review.

Access to Transit
Services
Support right–of–way design and amenities consistent with local transit goals to improve transit as a viable‐way design and amenities consistent with local transit goals to improve transit as a viable alternative to driving.

CommunityDevelopment – Planning;Public Works –
Development Services,Transportation and
Capital ImprovementProgram
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with
development review.

Bus and Shuttle
Programs
Work with large regional employers and private commuter bus/shuttle programs to provide safe pick–up, drop‐off, and park and rides in order to reduce single occupancy vehicle trips.

Public Works –
Transportation
General Fund Con. Not an action item. Ongoing coordination.

Vallco Shopping
District Transfer
Station
Work with VTA and/or other transportation service organizations to study and develop a transit transfer station that incorporates a hub for alternative transportation services such as, car sharing, bike sharingand/or other services.

Public Works –
Transportation
None Required Con.

Coordination with VTA has been active and ongoing,
including active participation with SR 85 PAB and the
Transit Guideway Study.

Safe Routes to Schools Promote Safe Routes to Schools programs for all schools serving the City. Public Works – Transportation General Fund Con. Not an action item. Ongoing implementation through the Cityʹs Safe Routes to School program.

Coordination with
School Districts
Coordinate with the School Districts to develop plans and programs that encourage car/van–pooling, stagger hours of adjacent schools, establish drop‐off locations, and encourage walking and bicycling to school.

Public Works –
Transportation
None Required Con. Not an action item. Ongoing implementation through the Cityʹs Safe Routes to School program.

Teen Commission Encourage the Teen Commission to work with schools to encourage year–round programs to incentivize walking and biking to school. Public Works – Transportation General Fund Con. Not an action item.

Prioritizing Projects
Ensure that bicycle and pedestrian safety improvements include projects to enhance safe accessibility to schools.

Public Works –
Transportation
General Fund Con.

Not an action item. Ongoing implemented through the
Bike/Ped Master Plans, Safe Routes to School Program and Capital Improvement Program.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Connections to Trails Connect schools to the citywide trail system.‐Connect schools to the citywide trail system. Public Works – Transportation General Fund Con. Not an action item. Ongoing implemented through the Bike/Ped Master Plans, Safe Routes to School Program and Capital Improvement Program.

Education Support education programs that promote safe walking and bicycling to schools. Public Works – Transportation General Fund Con. Not an action item. Implemented through the Cityʹs Safe Routes to School program.

Parking Codes
Maintain efficient and updated parking standards to ensure that development provides adequate parking, both on–street and off–street, depending on the characteristics of the development, while also reducing reliance on the automobile.

CommunityDevelopment – Planning General Fund Con. Not an action item. Implemented through the Municipal Code.

Off–street Parking Ensure new off–street parking is properly designed and efficiently used. Community Development – Planning None Required Con. Not an action item. Reviewed in conjunction with development review.

Multi–Modal
Transportation Impact
Analysis
Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals for multi‐modal performance targets.

Public Works –
Transportation
None Required IM
Transportation Analysis Guidelines have been developed
for both CEQA and non‐CEQA evaluation of
transportation impacts of land development, in
conformance with SB 743.

Protected
Intersections
Consider adopting a Protected Intersection Policy, which would identify intersections where improvements would not be considered, which would degrade the levels of service for non–vehicular modes of transportation. Potential locations include intersections in Priority Development Areas (PDAs) and other areas where non–vehicular transportation is a key consideration, such as, near shopping districts, schools, parks and senior citizen developments.

Public Works –
Transportation
General Fund IM
Transportation Analysis Guidelines have been developed
for both CEQA and non‐CEQA evaluation of
transportation impacts of land development, inconformance with SB 743.

Greenhouse Gas
Emissions Promote transportation policies that help to reduce greenhouse gas emissions. City Manager – Sustainability Programs None Required Con. Not an action item. Implemented through various mobility and sustainability program ‐ Bike to Work Day etc.

Land Use
Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per capita VMT, reducing impacts on the City’s transportation network and maintaining the desired levels of service for all modes of transportation.

CommunityDevelopment – Planning;Public Works –
Transportation
None Required Con.

Transportation Analysis Guidelines have been developed
for both CEQA and non‐CEQA evaluation of
transportation impacts of land development, inconformance with SB 743.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Transportation
Systems Management
(TSM) Programs
Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right–of–way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow.

Public Works –
Transportation
General Fund Con. Not an action item. Ongoing implementation.

Transportation
Demand Management
(TDM) Programs
Require large employers, including colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results.

CommunityDevelopment – Planning;Public Works –
Transportation
None Required Con. Not an action item. Reviewed in conjunction with development review.

Design of New
Developments
Encourage new commercial development to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or walking as commute modes to work. Provide pedestrian pathways and orient buildings to the street to encourage pedestrian activity.

Community
Development – Planning;Public Works –
Transportation
None Required Con. Not an action item. Reviewed in conjunction with development review.

Alternative Fuel
Charging Stations
Develop a city–wide strategy to encourage the construction of a network of public and private alternative fuel vehicle charging/fueling stations.

City Manager –
Sustainability Programs General Fund LR
The City has an approved a CIP project to expand the
publicly‐owned EV charging network. Additional grantfunds are being sought out with the Air District, and apublic outreach process is being planned for calendar year2022. In 2022, the City moved forward the followingefforts: (1) Sustainability Division completed the updateto the Climate Action Plan, which sets strategies andactions to increase adoption of zero‐emission vehicles,(2) in partnership with CDD, brought forward anordinance to streamline EV charging station permittingprocesses, (3) in partnership with CDD, brought forwardan update to the building codes including localamendments requiring additional electric vehiclecharging stations, (4) in partnership with Public Works,developed an RFP to seek out additional EV chargingstations on City properties.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 366
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Efficient Automobile
Infrastructure
Strive to maximize the efficiency of existing infrastructure by locating appropriate land uses along roadways and retrofitting streets to be accessible for all modes of transportation.

CommunityDevelopment – Planning;Public Works –
Transportation
General Fund Con. Not an action item.

Reduced Travel
Demand Promote effective TDM programs for existing and new development.

Public Works –
Transportation;CommunityDevelopment – Planning
General Fund Con. Not an action item. Reviewed in conjunction with development review.

Street Width
Except as required by environmental review for new developments, limit widening of streets as a means of improving traffic efficiency and focus instead on operational improvements to preserve communitycharacter.

Public Works –
Transportation
General Fund Con.

Not an action item. Reviewed in conjunction with
development review. Ongoing implementation through
traffic signal modernization and synchronization efforts.

Wolfe Road
Overcrossing
Consider alternate designs for the Wolfe Road/Interstate 280 Interchange (e.g. from partial cloverleaf design to diamond design) when evaluating the need to widen the freeway overcrossing.

Public Works –
Transportation
General Fund IM
Project to design widening this freeway overcrossing is underway. Alternatives evaluated and partial cloverleaf was preferred alternative. Beginning of construction of reconstructed interchange anticipated Spring 2023.

Streetscape Design
When reviewing the widening of an existing street, consider aesthetically pleasing enhancements and amenities to improve the safe movement of pedestrians and bicyclists in keeping with the vision of the Planning Area.

Public Works –
Transportation
None Required Con. Not an action item. Implemented with the Captial Improvement Program and development review.

Transportation
Improvement Plan
Develop and implement an updated citywide transportation improvement plan necessary to accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs.

Public Works –
Transportation
General Fund IM
Action completed through development of Bike and Ped
Master Plans and a Transportation Impact Fee project list.

City Attorneyʹs Office to consider update to Traffic Impact Fee program in partnership with Transportation Division.

Transportation Impact
Fee
Ensure sustainable funding levels for the Transportation Improvement Plan by enacting a transportation impact fee for new development.

Public Works –
Transportation
General Fund IM
Action completed. TIF adopted in late 2017. TIF update
paused in 2021. City Attorneyʹs Office to consider further update to Traffic Impact Fee program in partnership with Transportation Division.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 367
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Multi–Modal
Improvements
Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects.

Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation to enable travelers to transition from one mode of transportation to another (e.g. bicycle to bus).

Public Works –
Transportation and
Capital Improvements
Capital
ImprovementFund
Con.

Not an action item. Implemented with the Captial
Improvement Program and development review.

Roadway
Maintenance Funding Identify and secure new funding sources to fund the on‐going routine maintenance of roadways.

Public Works –
Transportation,Development Servicesand Capital
Improvement Program
NoneCapitalImprovementFund/Grants
Con.

Grant funding routinely used to fund on‐going
maintenance to the extent possible.

Principles of
Sustainability
Incorporate the principles of sustainability into Cupertino’s planning, infrastructure and development process in order to improve the environment, reduce greenhouse gas emissions, and meet the needs of the community without compromising the needs of future generations.

City Manager –
Sustainability Programs;
Commuity Development
– Planning;
General Fund Con.

Not an action item. This item is executed with distinct projects as directed by Council, for example adopting all‐ electric reach codes. In 2021, Council authorized waiving fees for certain landscaping projects that conserve water.

Climate Action Plan
(CAP)
Adopt, implement and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
*Reduce energy use through conservation and efficiency;*Reduce fossil fuel use through multi–modal and alternative transportation; *Maximize use of and, where feasible, install renewable energy resources; *Increase citywide water conservation and recycled water use; *Accelerate Resource Recovery through expanded recycling, composting, extended producer responsibility and procurement practices;*Promote and incentivize each of those efforts to maximize community participation and impacts; and *Integrate multiple benefits of green infrastructure with climate resiliency and adaptation.

City Manager –
Sustainability Programs General Fund IM
Action completed. CAP adopted in 2016. Climate Action
Plan is being updated in FY 20/21 to address a path toward carbon neutrality as well as adding a climate adaptation component. Council gave direction to draft a CAP which
brings the City to carbon‐neutral by 2040 or eariler. TheCAP update will also create a plan to realize a zero‐wastecommunity by 2035, and a new municipal climate actionstrategy to achieve a zero‐carbon facilities by 2035. TheCouncil authorized CEQA qualification of this CAPupdate which will be conducted in parallel with theoverall development and public engagement process. TheCity will be creating GHG thresholds of significance, aswell as checklists that can be used by developers tostreamline compliance with the Cupertino GHG reductionplan according to California Air Resources Boardguidelines. In August 2022, Council adopted the ClimateAction Plan 2.0 which targets a carbon‐neutral City by2040 or eariler. The CAP 2.0 also includes tools tofacilitiate GHG analysis under CEQA by creating GHGthresholds of significance, as well as checklists that canbe used by developers to align compliance with theCupertino GHG reduction plan according to CaliforniaAir Resources Board guidelines.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 368
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment CAP and
Sustainability
Strategies
Implementation
Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and budget decisions.

City Manager –Sustainability Programs General Fund IM
Action completed in 2018. Revising again in CAP update
in FY 20/21 fiscal year. The CAP update process will create an implementation plan that improves visbility, metricstracking, and public reporting of sustainability intiatives.The implmentation plan will be created after the adoptionof the CAP itself and will include short‐term work plansfor all staff. After adoption of CAP 2.0 in August, theSustainability Division is developing animplementation plan to consult with all departmentswith the aim to incorporate the updated Climate ActionPlan actions into City operations. The Council alsoauthorized budget to support an interactive, visualdashboard to facilitiate action tracking within the Cityand also to improve transparency for the public.

Climate Adaptation
and Resiliency
Conduct a climate vulnerability assessment and set preparedness goals and strategies to safeguard human health and community assets susceptible to the impacts of a changing climate (e.g. increased drought, wildfires, flooding). Incorporate these into all relevant plans, including the Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershet Protection Plan and Energy Assuredness Plan.

City Manager –
Sustainability Programs General Fund IM
Action Completed in 2015. Revisiting in CAP update in
2021 supporting County‐wide climate hazards assessment.

The Sustainbility team created a draft Climate
Vulnerability Assessment which is summarized withinthe adopted CAP 2.0.

Regional Growth and
Transportation
Coordination
Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and budget decisions.

City Manager –Sustainability Programs General Fund Con. Ongoing effort with the Sustainability Commission and annual reports to City Council.

Local Plan
Consistency with
Regional Plans
Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for State transportation and project CEQA streamlining.

CommunityDevelopment – Planning;Public Works –
Transportation
General Fund Con. Not an action item. Reviewed when local plans are updated.

Conservation and
Efficient Use of
Energy Resources
Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources for new and existing residences, businesses, industrial and public uses.

City Manager –
Sustainability Programs None Required IM
Adopted a reach code in 2019 which brings Cupertino
above and beyond the state energy code for requiring all‐ electric construction in most cases. Updated in 2022 with local amendments to the California Energy Code.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 369
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Coordination Continue to evaluate, and revise as necessary, applicable City plans, codes and procedures for inclusion of Federal, State and regional requirements and conservation targets. City Manager – Sustainability Programs General Fund Con.

Not an action item. Reviewed when local plans are
updated. The next major opportunity to evaluate City
procedures is to update the Environmental Purchasing
Policy. The next major opportunity to evaluate codes is the next Statewide code cycle beginning in calendar year 2022.

With the adoption of the CAP 2.0, the Sustainability
Division is underway with an implementation planningprocess that will identify needed updates to City policiesand procedures. The August 2022 legislation from theFederal and State governments present opportunity overthe next 5‐10 years for new funding sources to come toCupertino to support sustainability efforts.

Comprehensive
Energy Management
Prepare and implement a comprehensive energy management plan for all applicable municipal facilities and equipment to achieve the energy goals established in the City’s Climate Action Plan. Track the City’s energy use and report findings as part of the CAP reporting schedule. Embed this plan into the City’s Environmentally Preferable Procurement Policy to ensure measures are achieved through all future procurement and construction practices.

City Manager –
Sustainability Programs General Fund IM
The City developed and released a public‐facing and
internal‐facing set of dashboards that re updated in real time to display energy and water consumption at key
facilities. A series of automated reports alerts staff to consumption trends and high usage alarms. A Sustainable Infrastructure project was approved in the Cityʹs CIPinvestments. A comprehensive set of energy efficiency anddecarbonization measures will be studied and proposed aspart of this CIP initiative. Due to staff capacity limitations,an update to the EPPP was not initiated in FY2020/21.However, the Sustainability Division will be working withAdministrative Services and Environmental Programsgroups in order to address sustainable procurementpractices in the next fiscal year. The Cityʹs energymanagement efforts identify increased cost exposure toCity budgets from increases in water and energy rates. Anumber of dashboards are available to staff in order toprovide information to better manage energy and wateruse across City assets.

Energy Efficient
Replacements
Continue to use life cycle cost analysis to identify City assets for replacement with more energy efficient technology. Utilize available tools to benchmark and showcase city energy efficiency achievements (i.e.

EPA Portfolio Manager, statewide Green Business Program).

City Manager –
Sustainability Programs General Fund Con.

This is not an action item and occurs on a continual basis.

Cost analysis has identified the most energy‐intensive
and water‐intensive sites, and the SustainabilityDivision works with the Capital Improvements andFacilities teams to plan for retrofits.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 370
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Incentive Program
Consider incentive programs for projects that exceed mandatory requirements and promote incentives from state, county and federal governments for improving energy efficiency and expanding renewable energy installations.

City Manager –
Sustainability Programs General Fund IM
This is an ongoing action. The City actively participates in development and promotion of regional incentive
programs in partnership with BayREN, Silicon Valley
Clean Energy, and the ABAG POWER natural gas
purchasing collective. There are two major updates to
incentive programs. (1) The City purchases natural gas formunicipal use as part of a public agency collective knownas ABAG POWER. A strategic plan and four‐yearroadmap was created by the ABAG POWER to reduce thecarbon emissions from this resource over time, and also tocreate local incentive programming that can assistjurisdictions to electrify their facilities and fleets. Thisreduction of emissions from power supply iscomplementary with plans to reduce consumption of gasas soon as possible. (2) The State of California has createda new incentive program for replacing gas equipment withelectric equipment known as the TECH program. Theseincentives are avaialble to homeowners as of December2021, and are in addition to incentives from BayREN andPG&E. In 2022, the Federal and State governments havecommitted significant resources to funding and technicalassistance for sustainability efforts for localcommunities. The Sustainability Division is working toincrease capacity and awareness so all Departments haveresources needed to access these funds.

Urban Forest Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to reduce the “heat island effect” in development projects. City Manager – Sustainability Programs None Required Con.

Not an action item. Reviewed in conjunction with project review. Heat Island effect is addressed in the Cityʹs reach code and green building ordinance which goes beyond the state requirements. One of the proposed measures in the draft Climate Action Plan update is the creation of anUrban Tree Canopy Plan. This plan can inform otherstrategies to sequester carbon in the urban forest and soils.The CAP 2.0 adopted in August 2022 includes an actionto create an Urban Canopy Management Plan which willinclude a study on additional shade trees.

Alternate Energy
Sources
Promote and increase the use of alternate and renewable energy resources for the entire community through effective policies, programs and incentives.

City Manager –
Sustainability Programs General Fund Con. Not an action item.

Energy Co–generation
Systems
Encourage the use of energy co–generation systems through the provision of an awareness program targeting the larger commercial and industrial users‐generation systems through the provision of an awareness program targeting the larger commercial and industrial users and public facilities.

City Manager –
Sustainability Programs None Required Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Energy Audits and
Financing
Continue to offer and leverage regional partners’ programs to conduct energy audits and/or subvention programs for homes, commercial, industrial and city facilities, and recommend improvements that lead to energy and cost savings opportunities for participants and encourage adoption of alternative energy technologies. Encourage energy audits to include emerging online and application–based energy analytics and diagnostic tools. Share residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets.

City Manager –
Sustainability Programs General Fund Con. Not an action item.

Energy Efficient
Transportation Modes
Continue to encourage fuel–efficient transportation modes such as alternative fuel vehicles, driverless vehicles, public transit, car and van–pooling community and regional shuttle systems, car and bike sharing programs, safe routes to schools, communter benefits, and pedestrian and bicycle paths through infrastructure investment, development incentives, and community education.

City Manager –
Sustainability Programs;
Public Works –
Transportation
General Fund IM
Cityʹs VIA Shuttle program began operation in 2019. The cityʹs own alternative commute program also began
operation in August 2019 and has paused due to COVID
risk. The VIA Shuttle program was reinitiated in late 2021.

The Pilot program ends in June 2023. Staff has secured
$8.465M in grant funding to expand program inpartnership with adjacent jurisdictions.

Community Choice
Energy
Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy Program.

City Manager –
Sustainability Programs General Fund N/A Action Completed.

Green Building
Design
Set standards for the design and construction of energy and resource conserving/efficient building. City Manager – Sustainability Programs General Fund N/A Action Completed. Implemented through the Municipal Code.

Green Building
Program
Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public projects that ensure reduction in energy and water use for new development through site selection and building design.

CommunityDevelopment – Buildingand Planning
General Fund Con. Ongoing operational practice by City staff.

Staff Training
Continue to train appropriate City staff in the design principles, costs and benefits of sustainable building and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant program certifications (e.g. Green Point Rater, LEED Accredited Professional).

City Manager –
Sustainability Programs General Fund Con. Ongoing operational practice by City staff.

Green Building
Informational
Seminars
Conduct and participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective project applicants.

City Manager –Sustainability Programs General Fund Con. Annual activity in partnership with BayREN Green Building
Demonstration
Pursue municipal facility retrofits through a Green Capital Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third–party certification criteria (e.g. LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment.

City Manager –
Sustainability Programs
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment New Development Minimize the air quality impacts of new development projects and air quality impacts that affect new development.

CommunityDevelopment – Planning;Public Works – Capital
Improvement Program
None Required Con. Implement with Strategies ES‐4.1.1 and ES‐4.1.2 Toxic Air
Contaminants
Continue to review projects for potential generation of toxic air contaminants at the time of approval and confer with BAAQMD on controls needed are uncertain.

CommunityDevelopment – Planning;Public Works – Capital
Improvement Program
None Required Con.

Not an action item. Reviewed in conjunction with project review. In October 2021, the Council adopted a new
Chapter in the Municipal Code to implement regulations
requiring all projects to comply with recommendations
and requirements from BAAQMD for air quality
contaminants.

Dust Control Continue to require water application to non–polluting dust control measures during demolition and the duration of the construction period.

CommunityDevelopment – Building;
Public Works –
Development Servicesand Capital
Improvement Program
None Required Con.

Not an action item. Reviewed in conjunction with project review. In October 2021, the Council adopted a new
Chapter in the Municipal Code to implement regulationsrequiring all projects to comply with recommendations and requirements from BAAQMD for air quality
contaminants during construction.

Planning Ensure that land use and transportation plans support air quality goals.

CommunityDevelopment – Planning;Public Works –
Transportation
None Required IM
The City adoped a Vehicle Miles Traveled policy and
thresholds in 2021. These help provide the City with tools to address carbon emissions from transportation and align the City with stateʹs goals.

Existing Development Minimize the air quality impacts of existing development. City Manager ‐ Sustainability Programs None Required Con.

Sustainability division is promoting regional programs toincentivize switching from gas to electric appliances, which directly reduces air quality impacts of natural gas combustion in homes and businesses.

Public Education
Program
Establish a citywide public education program providing information on ways to reduce and control emissions; and continue to provide information about alternative commutes, carpooling and restrictingexacerbating activities on “Spare the Air” high–emissions days.

City Manager –
Sustainability Programs General Fund Con.

Spare the Air alerts sent out and posted on City website.

Cityʹs VIA Shuttle program commenced on Oct. 29, 2019.

Was on pause due to COVID in 2020 and part of 2021.

Program has restarted in late 2021. Pilot program to end inOct. 2022. The VIA Shuttle program was reinitiated inlate 2021. Staff has secured $8.465M in grant funding toexpand program in partnership with adjacentjurisdictions.

Home Occupations Review and consider expanding the allowable home–based businesses in residential zoned properties to reduce the need to commute to work. Community Development – Planning General Fund LR No action has been taken with regard to this strategy.

Tree Planting in
Private Development
Review and enhance the City’s tree planting and landscaping program and requirements for private development to reduce air pollution levels.

CommunityDevelopment – Planning General Fund LR No action has been taken with regard to this strategy.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 373
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Fuel–efficient Vehicles
and Use
Prioritize the purchase, replacement and on–going use of fuel–efficient and low polluting City fleet vehicles. Update applicable policies and programs to require life cycle cost analyses and include alternative fueling infrastructure review and related funding allocations. Update the Vehicle Use Policy and pursue fleet management best practices to support fuel conservation, scheduled maintenance and fleet fuel tracking. Pursue available grant funding to offset the cost of implementing these programs.

Public Works – Service
Center
General Fund Con.

Public Works looks to replace internal combustion engine (ICE) vehicles with hybrids or electric vehicles, and
implements elements of the Climate Action Plan (CAP).
5619% of eligible city vehicles have been converted to
electric or hybrid drives.

Point Sources of
Emissions
Continue to seek the cooperation of the BAAQMD to monitor emissions from identified point sources that impact the community. In addition, for sources not within the regulatory jurisdiction of the City, seek cooperation from the applicable regulatory authority to encourage reduction of emissions and dust from the point source.

City Manager –
Sustainability None Required Con.

Ongoing monitoring for the Lehigh Plant being conducted by BAAQMD. Sustainability Division has partnered with
the Innovation Technology Department to pilot a hyper‐local air quality monitoring service. The team isdeveloping a series of educational resources for residentsto understand how air pollutants are distributedthroughout the community.The IT and Sustainabilityteams partnered in 2022 to deploy some additional airquality monitoring stations, as well as a baseline airquality study, which are in the process of developing Use of Open Fires and
Fireplaces Discourage high pollution fireplace use. City Manager ‐ Sustainability Programs None Required Con.

Implement with Strategies ES‐4.3.1 and ES‐4.3.2.

Sustainability commission has recommended an all‐
electric building reach code for new construction, which would directly reduce air quality impacts associated with combustion of natural gas in new buildings, including
fireplaces.

Education Continue to make BAAQMD literature on reducing pollution from fireplace use available. City Manager ‐ Sustainability Programs None Required Con. Not an action item.

Fireplaces Continue to prohibit new wood–burning fireplaces, except EPA certified wood stoves as allowed by the Building Code. Community Development – Building None Required Con.

Not an action item. Sustainability commission hasrecommended an all‐electric building reach code for newconstruction, which would directly reduce air quality impacts associated with combustion of natural gas in new buildings, including fireplaces.

Urban Ecosystem Manage the public and private development to ensure the protection and enhancement of its urban ecosystem.

Public Works – Capital
Improvement Programand Park Improvement;CommunityDevelopment – Planning None Required Con. Not an action item. Implement with underlying strategies.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Landscaping
Ensure that the City’s tree planting, landscaping and open space policies enhance the urban ecosystem by encouraging medians, pedestrian–crossing curb–extensions planting that is native, drought–tolerant, treats stormwater and enhance urban plant, aquatic and animal resources in both, private and public development.

Public Works – Capital
Improvement Program,
Service Center, Park
Improvement,EnvironmentalPrograms, andDevelopment Services;CommunityDevelopment – Planning; General Fund Con.

Not an action item. 2022 ‐ Environmental Programs staff suggests modifying existing GP language to addreferences to Green Stormwater Infrastructure.

Built Environment
Ensure that sustainable landscaping design is incorporated in the development of City facilities, parks and private projects with the inclusion of measures such as tree protection, stormwater treatment and planting of native, drought tolerant landscaping that is beneficial to the environment.

Public Works – Capital
Improvement Program,Service Center ParkImprovement, andDevelopment Services; CommunityDevelopment – Planning;
Capital
ImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review. The Cityʹs green building ordinance as well as
California green building standards contains measures for water‐efficient landscaping and other sustainabilelandscaping measures as conditions of obtaining abuilding permit where applicable. 2022 ‐ Environmental Programs staff suggests modifying existing GP languageto add references to Green Stormwater Infrastructure.

Development Near
Sensitive Areas
Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. New developments in these areas must have a harmonious landscaping plan approved prior to development.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Riparian Corridor
Protection Require the protection of riparian corridors through the development approval process.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Landscaping In and
Near Natural
Vegetation
Preserve and enhance existing natural vegetation, landscaping features and open space when new development is proposed within existing natural areas. When development is proposed near natural vegetation, encourage the landscaping to be consistent with the palate of vegetation found in the naturalvegetation.

CommunityDevelopment – Planning;Public Works – Capital
Improvement Programand Park Improvement
None Required/Capital
ImprovementProgram
Con.

Not an action item. Reviewed in conjunction with project review. The City Council adopted the Green Infrastructure Plan in September 2019 which prioritizes design features of public CIP projects that promote stormwater retention, infiltration, and capture of pollution runoff.

Native Plants
Continue to emphasize the planting of native, drought tolerant, pest resistant, non–invasive, climate appropriate plants and ground covers, particularly for erosion control and to prevent disturbance of the natural terrain.

Public Works –
EnvironmentalPrograms; Community
Development – Planning
None Required Con.

Not an action item. Implemented through the Municipal
Code. The Cityʹs demonstration garden at City Hall is an educational resource for citizens interested in providing natural and drought‐resistent landscaping for their own property. Sustainability division staff also promotes
regional incentive programs to remove turf and replace
with native landscaped alternatives.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 375
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Hillsides Minimize lawn area in the hillsides.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con.

Not an action item. Implemented through the Municipal
Code. Also implemented by regulations in the newly
adopted Urgency Ordinance related to implementation
of SB 9 requirements.

Hillside Wildlife
Migration
Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals.

CommunityDevelopment – Planning None Required Con. Not an action item. Implemented through the Municipal Code.

Recreation and
Natural Vegetation
Limit recreation in natural areas to activities compatible and appropriate with preserving natural vegetation, such as hiking, horseback riding, mountain biking and camping.

Public Works – Park
Improvement, Parks andRecreation ‐ Business
Services and Outdoor
Recreation & Youth
Development
None Required Con. Not an action item. Implemented through the Capital Improvement Program and the Municipal Code.

Recreation and
Wildlife
Provide open space linkages within and between properties for both recreation and wildlife activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as species of special concern.

Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Creek and Water
Course Identification
Require identification of creeks, water courses and riparian areas on site plans and require that they be protected from adjacent development.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Trail Easements Consider requiring easements for trail linkages if analysis determines that they are needed.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Mineral Resource
Areas
Cooperatively work with Santa Clara County to ensure that plans for restoration and mining operations at Lehigh Hanson and Stevens Creek quarries consider environmental impacts and mitigations.

City Manager; Public
Works None Required Con. Not an action item. Comments and review conducted as and when projects are proposed.

Public Participation Strongly encourage Santa Clara County to engage with the affected neighborhoods when considering changes to restoration plans and mineral extraction activity. City Manager None Required Con. Not an action item. Comments and review conducted as and when projects are proposed.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Recreation in
Depleted Mining
Areas
Consider designating abandoned quarries for passive recreation to enhance plant and wildlife habitat and rehabilitate the land.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Natural Water Bodies
and Drainage Systems
In public and private development use Low Impact Development (LID) principles to manage stormwater by mimicking natural hydrology, minimizing grading and protecting or restoring natural drainage systems.

Public Works –
Development Services,Capital ImprovementProgram and
Environmental Programs
General Fund Con.

Not an action item. Implemented through the Municipal
Code. 2022 ‐ Environmental Programs staff suggests
modifying existing GP language to add references toGreen Stormwater Infrastructure.

Public and Private
Development Plans
Continue to require topographical information; identification of creeks, streams and drainage areas; and grading plans with development proposals to ensure protection and efficient use of water resources.

CommunityDevelopment – Planning;Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Reduction of
Impervious Surfaces
Minimize stormwater runoff and erosion impacts resulting from development and use Low Impact Development (LID) designs to treat stormwater or recharge groundwater.

Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con.

Not an action item. Implemented through the Municipal
Code. Implemented Hardscape Conversion Rebate
Program in July 2019 through the Clean Water and Storm
Protection Parcel Fee which passed by ballot measure in July 2019.

Lot Coverage
Consider updating lot coverage requirements to include paved surfaces such as driveways and on–grade pervious patios to incentivize the construction of pervious surfaces.

CommunityDevelopment – Planning;Public Works –
Development Servicesand EnvironmentalPrograms
General Fund LR
In 2019,the Environmental Programs Divisionimplemented the Hardscape Conversion Rebate Programfor conversion of impervious driveways to permeablehardscape. Funding for the rebates is from the Clean Water and Storm Protection Parcel Fee adopted in July
2019. The 2019 California Green Building Standards, as
well as Cupertinoʹs local green building ordinance
contains measures limiting the amount of impervious
surface area for projects seeking a building permit where applicable.

Pervious Walkways
and Driveways
Encourage the use of pervious materials for walkways and driveways. If used on public and quasi‐public property, mobility and access for the disabled should take precedence.

CommunityDevelopment – Planning;Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con.

Maximize Infiltration Minimize impervious surface areas, and maximize on–site filtration and the use of on–site retention facilities.

Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Pollution and Flow
Impacts
Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts.

Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con. Not an action item. Implemented through the Municipal Code.

Development Review Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate pollutant loads and flows.

Public Works –
Development Services,Capital ImprovementProgram and
Environmental Programs
None Required Con. Not an action item. Implemented through the Municipal Code.

Creek Clean Up Encourage volunteer organizations to help clean creek beds to reduce pollution and help return waterways to their natural state. Public Works – Environmental Programs None Required Con. Not an action item. Volunteer creek clean up activities organized and conducted twice per calendar year in conjunction with City Staff support 4‐6 times per year.

Watershed Based
Planning Review long–term plans and development projects to ensure good stewardship of watersheds. Public Works – Environmental Programs None Required Con. Implement through Strategies ES‐7.4.1, ES‐7.4.2 and ES‐ 7.4.3 Storm Drainage
Master Plan
Develop and maintain a Storm Drainage Master Plan which identifies facilities needed to prevent “10–year” event street flooding and “100–year” event structure flooding and integrate green infrastructure to meet water quality protection needs in a cost effective manner.

Public Works –
Development Servicesand EnvironmentalPrograms
General Fund IM
Storm Drainage Master Plan updated Jan 2019. The City
Council adopted the Green Infrastructure Plan in
September 2019. As Capital Improvement projects are
developed, inclusion of stormwater retention features will be evaluated.

Watershed
Management Plans
Work with other agencies to develop broader Watershed Management Plans to model and control the City’s hydrology.

Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con. Not an action item. Onging coordination.

Development Review development plans to ensure that projects are examined in the context of impacts on the entire watershed, in order to comply with the City’s non‐point source Municipal Regional Permit.

Public Works –
Development Servicesand EnvironmentalPrograms
None Required Con. Not an action item. Implemented through the Municipal Code.

Groundwater
Recharge Sites
Support the SCVWD efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible.

Public Works –
Development Services None Required Con. Not an action item. Ongoing coordination.

Other Water Sources Encourage the research of other water sources, including water reclamation. City Manager ‐ Sustainability Programs None Required LR City has been working with SCVWD regarding the expansion of reclaimed water systems through Cupertino.

Industrial Water
Recycling
Encourage industrial projects in cooperation with the Cupertino Sanitary District, to have long–term conservation measures, including recycling equipment for manufacturing and water supplies in the plant.

City Manager ‐
Sustainability Programs None Required Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Natural Water
Courses
Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist in groundwater percolation. Encourage land acquisition or dedication of such areas.

Public Works – Capital
Improvement Programand Development
Services
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review.

Inter–Agency
Coordination
Work with the SCVWD and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromofication controls as established by the Municipal Regional Permit.

Public Works –
Development Services None Required Con. Not an action item. Ongoing coordination and implementation through the Municipal Code.

Inter–Agency
Coordination for
Water Conservation
Continue to coordinate citywide water conservation and regional water supply problem solving efforts with the SCVWD, SJWC and CALWater.

Public Works –
EnvironmentalPrograms; City Manager– Sustainability
None Required Con. Not an action item. Ongoing coordination.

Water Conservation
Measures
Implement water conservation measures and encourage the implementation of voluntary water conservation measures from the City’s water retailers and SCVWD.

Public Works –
EnvironmentalPrograms; City Manager– Sustainability,
CommunityDevelopment – Planning
General Fund Con.

Not an action item. Ongoing education/ coordination.On
June 9, 2021, Valley Water’s Board of Directors declared awater shortage emergency condition in Santa ClaraCounty due to the extreme drought. The Board ofDirectors also called for a mandatory 15% reduction inwater use compared to 2019. From July ‐ September 2021,The City of Cupertino sucessfully reduced waterconsumption at municipal facilities by 16% compared with2019, conserving 8 million gallons of water. The droughtemergency continues in 2022, with Cupertino facilitiesenacting water usage restrictions at all parks and Cityproperties.

Public Education
Regarding Resource
Conservation
Provide public information regarding resource conservation.

Public Works –
EnvironmentalPrograms; City Manager
– Sustainability
General Fund Con. Not an action item. Ongoing education/ coordination.

Outreach
Continue to send educational information and notices to households and businesses with water prohibitions, water allocations and conservation tips. Continue to offer featured articles in the CupertinoScene and Cupertino Courier. Consider providing Public Service Announcements on the City’s Channel and Cupertino Radio.

Public Works –
EnvironmentalPrograms; City Manager
– Sustainability
General Fund Con.

Not an action item. Ongoing education/ coordination. In 2021, the City produced a new banner that was hung over Stevens Creek boulevard making residents aware of the
Cityʹs drought resources and messaging. In 2022, the City sent postcards to all commercial and multifamilyproperty owners notifying them of the Statewiderestriction on watering non‐functional turf grass.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Demonstration
Gardens
Consider including water–wise demonstration gardens in some parks where feasible as they are re–landscaped or improved using drought tolerant native and non–invasive, and non–native plants.

Public Works – Capital
Improvement Program,
EnvironmentalPrograms, and Service
Center
CapitalImprovementFund
Con.

Not an action item. Ongoing education/ coordination.

Implemented at City Hall. The Cityʹs demonstration
garden at City Hall is an educational resource for citizens interested in providing natural and drought‐resistent
landscaping for their own property. The garden also saves the City significant water and maintenance expense.Sustainability division staff also promotes regional incentive programs to remove turf and replace with native landscaped alternatives. A ribbon cutting was hosted at City Hall for this demonstration garden in August 2019, and the City Staff created an online portal to increase the educational value of this resourse.
cupertino.org/demogarden
Water Conservation
and Demand
Reduction Measures
Promote efficient use of water throughout the City in order to meet State and regional water use reduction targets.

Public Works –
Environmental Programsand Service Center; City
Manager – Sustainability
General Fund Con.

Ongoing implementation of State and Regional intitatives regarding water conservation, as well as education/
coordination. Developed pilot programs such as the City Hall demonstration garden and the Climate Victory
Gardens direct‐install program.

Urban Water
Management Plan
Collaborate with water retailers serving the City in the preparation of their Urban Water Management Plan, including water conservation strategies and programs.

Public Works –
EnvironmentalPrograms, Service Center
None Required Con. Not an action item. Ongoing coordination.

Water Conservation
Standards
Comply with State water conservation standards by either adopting the State standards or alternate standards that are equally efficient.

Public Works –
Environmental Programsand Service Center;
CommunityDevelopment – Building
General Fund IM
Action completed. The City of Cupertino adopted the 2019 update to the California Green Building Standards code, which contains mandatory measures for water
conservation both inside buildings and in exteriorlandscaped areas.

Recycled Water
System
Continue to work with water retailers to promote and expand the availability of recycled water in the City for public and private use.

Public Works –
Development Services None Required Con.

Not an action item. City has been working with SCVWD
regarding the expansion of reclaimed water systems
through Cupertino.

Recycled Water in
Projects
Encourage and promote the use of recycled water in public and private buildings, open space and streetscape planting.

Public Works –
Development Services,Capital ImprovementProgram and Park Improvement
None Required Con. Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment On–site Recycled
Water Encourage on‐site water recycling including rainwater harvesting and gray water use.

Public Works –
Development Services,
Environmental Services,
Capital ImprovementProgram and Park
Improvement; CityManager – Sustainability
Programs
None Required Con.

Not an action item. Reviewed in conjunction with project review. In 2022, the Sustainability Division is concluding a pilot program which provides direct technicalassistance promoting rainwater harvesting and graywater use. The program will be brought to Council forthe next fiscal year to consider continuing beyond thepilot program phase.

Water Conservation
Programs
Benchmark and continue to track the City’s public and private municipal water use to ensure ongoing accountability and as a means of informing prioritization of future agency water conservation projects.

City Manager –
Sustainability Programs General Fund Con.

Majority of large landscape accounts are in WaterFluence software which sets a water budget and reports for
grounds team. Golf Course is a notable exception which is being addressed by Sustainability staff. In 2021, the City responded to the drought by producing a series of internal water use dashboards which were distributed on a regular basis to all facilities and grounds staff, informing them of trends for all the water use consumption billing history.

The conservation and awareness efforts continue from
the 2021 drought period.

Green Business
Certification and
Water Conservation
Continue to support the City’s Green Business Certification goals of long–term water conservation within City facilities, vegetated stormwater infiltration systems, parks and medians, including installation of low–flow toilets and showers, parks, installation of automatic shut–off valves in lavatories and sinks and water efficient outdoor irrigation.

Public Works –
Environmental Services,
Service Center, Capital
Improvement Program,
City Manager –
Sustainability Programs,
CommunityDevelopment
General Fund Con.

Not an action item. Ongoing implementation through the
Capital Improvement Program and Development Review
and through the Cityʹs Green Business Program. In 2022, the City re‐certified itʹs real estate portfolio as CertifiedGreen Businesses, and is planning for additional ways topromote this program for all business properties in theCity. This is a partnership with Economic Development,Sustainability Division, and the County of Santa Clara.

Regional Hazard Risk
Reduction Planning
Coordinate with Santa Clara County and local agencies to implement the Multi‐Juridictional Local Hazard Mitigation Plan (LHMP) for Santa Clara County.

City Manager –
Emergency Services None Required Con.

Not an action item. Cupertino coordinates with Santa
Clara County OEM, who provides technical advice and
support for implementation of the LHMP through
monthly general meetings, as well as periodic LHMP
specific trainings and guidance.

Monitoring and
Budgeting
Monitor and evaluate the success of the LHMP, including local strategies provided in Cupertino Annex (Section 11). Working with Santa Clara County, ensure that strategies are prioritized and implemented through the CIP and provide adequate budget for on–going programs and department operations.

City Manager –
Emergency Services None Required Con.

Santa Clara County OEM contracts with a specialist to
support both County and jurisdictional prioritization and implementation of strategies, and tracking of the program.

CIP and budget are responsibility of each jurisdiction.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Mitigation
Incorporation
Ensure that mitigation actions identified in the LHMP are being incorporated into upcoming City sponsored projects, where appropriate.

City Manager –
Emergency Services General Fund Con.

Not an action item. Santa Clara County OEMʹs strategic
vision embraces the ʺWhole Communityʺ philosophy;providing each jurisdiction with on‐ going opportunity toengage in the LHMP process. Cupertino takes full advantage of these processes and is typically ʹat the
tableʹ providing city‐level support, review, and feedback.

Hazard Mitigation
Plan Amendments
and Updates
Support Santa Clara County in its role as the lead agency that prepares and updates the LHMP. City Manager – Emergency Services General Fund Con.

Not an Action Item. Ongoing coordination occuring. The
Sustainable Communities Strategy (SCS) is in the process of being updated by MTC/ABAG. This document isconsidering support for sea walls and levees to protect the low levels in the Valley which would help protect
infrastructure that provides services to Cupertino such aswater treatment plant and land fills.

Sea Level Rise
Protection
Ensure all areas in Cupertino are adequately protected for the anticipated effects of sea level rise.

Public Works –
Development Servicesand Capital
Improvement Program
General Fund Con. Not an Action Item. Ongoing coordination occuring.

Monitor Rising Sea
Level
Regularly coordinate with regional, state, and federal agencies on rising sea levels in the San Francisco Bay and major tributaries to determine if additional adaptation strategies should be implemented to address flooding hazards. This includes monitoring FEMA flood map updates to identify areas in the City susceptible to sea level rise, addressing changes to state and regional sea and Bay level rise estimates, and coordinating with adjacent municipalities on flood control improvements as appropriate.

Public Works –
Development Services None Con. Not an Action Item. Ongoing coordination occuring.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Flood Insurance Rate
Maps
Provide to the public, as available, up–to–date Flood Insurance Rate Maps (FIRM) that identify rising sea levels and changing flood conditions.

Public Works –
Development Services General Fund Con. Not an Action Item. Ongoing coordination occuring.

Promote Emergency
Preparedness
Distribute multi–hazard emergency preparedness information for all threats identified in the emergency plan. Information will be provided through Cardiopulmonary Resuscitation (CPR), First Aid and Community Emergency Response Team (CERT) training, lectures and seminars on emergency preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the Emergency Preparedness website and coordination of video and printed information at the library.

City Manger –
Emergency Services General Fund Con.

CPR, First Aid, and CERT classes provided by the Santa
Clara County Fire Department (SCCFD). CERT training is
communal for the seven cities served by SCCFD. The
Cupertino Scene continues to feature articles on
emergency preparedness, public safety, and communityawareness. The Scene’s calendar section highlightsupcoming emergency preparedness classes and events.Printed material is maintained in the lobby of City Hall and Quinlan Center
Emergency
Operations and
Training
Ensure ongoing training of identified City staff on their functions/ responsibilities in the EOC and in disaster preparedness, first aid and CPR.

City Manger –
Emergency Services General Fund Con.

Not an action item. Staff are trained every two years in CPR, with first aid training for Public Works. Staff is working on providing first aid training to all staff. EOC staff receive EOC training from the County and the City has started customized trainings in‐house as well.

Emergency
Operations Center
(EOC)
Review options to provide functional and seismic upgrades to the EOC facility at City Hall or explore alternative locations for the EOC.

Public Works – Capital
Improvement Program General Fund LR
City Hall building is seismically deficient and does not meet “essential services” standards that are desired for an EOC. Schedule to improve the building to this standard is unknown. EOC functionality build‐out is continuing,
including upgrading monitors, IT systems support
improvements, replacement of chairs with saferalternatves, and evaluating replacement tables. Recent remodeling at the Service Center will make it more
functional as the alternate site for the EOC. Torre Avenue Annex building is being considered for an alternative EOC location.

Employee Training Conduct regular exercises and participate in regional exercises to ensure that employees are adequately trained. City Manager – Emergency Services General Fund Con.

Not an action item. The EOC partially exercises in
accompaniment with the annual County EOC exercise(itself often part of a Bay Area regional exercise). With the turnover of senior staff and EOC staff, initial training is occuring to lead up to a City EOC exercise.

Volunteer Groups Continue to encourage the ongoing use of volunteer groups to augment emergency services, and clearly define responsibilities during a local emergency. City Manager – Emergency Services None Required Con.

Not an action item. Continue to support the Cupertino
Citizen Corps (CCC) volunteer program and provide
trainings and exercises. CCC helps build the Cityʹs
response capabilities and designed to integrate with other City resources as appropriate. For example, CCC
integrated with City employees during Public SafetyPower Shutoff (PSPS) informational canvassing efforts in Oct. ʹ19
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Cupertino Citizen
Corps
Continue to support the Cupertino Amateur Radio Emergency Services (CARES), Community Emergency Response Team (CERT) and Medical Reserve Corp (MRC) programs to ensure the development of neighborhood based emergency preparedness throughout the City. Encourage ongoing cooperation with CERTs in other cities.

City Manager –
Emergency Services General Fund Con.

Not an action item. The City supports training and
resource requests from Cupertino Citizen Corps
expanding coordination and communications capability
during a disaster. CERT participates in countywideprojects and exercises and regularly attends countywide CERT Leadership Team (CCLT) meetings. CARESregularly atends SCC RACES trainings, leadership meetings, and regular commnication exercises. MRC
participates in regular trainings and City exercises.

Community Groups
Continue pre–disaster agreements with appropriate community groups to provide specified post–disaster assistance, through the Emergency Service Coordinator and with the advice of the City Attorney.

City Manager –
Emergency Services General Fund Con.

Not an action item. The City continues to partner with
community groups as appropriate such as the Red Cross
and CADRE.

American Red Cross Continue to implement the American Red Cross agreements under the direction of the Director of Emergency Services during a disaster. City Manager – Emergency Services General Fund Con. Not an action item. The City continues to implement agreements with the American Red Cross.

Shelter Provisions Continue the agreement with designated shelter sites to provide space for emergency supply containers. City Manager – Emergency Services General Fund Con.

Not an action item. Existing shelter site agreements remain in place. The storage container and supplies are in place at Quinlan Community Center
Amateur Radio
Operators
Continue to support training and cooperation between the City and Cupertino Amateur Radio Emergency Service (CARES) to prepare for emergency communications needs.

City Manager –
Emergency Services General Fund Con.

Not an action item. Training opportunities focused around City events such as annual 5K runs, 4th of July event, and various festivals. Response during Public Safety Power
Shutoff (PSPS) events in Oct. ʹ19 demonstrated
coordination between City employees and CCC (CARES,CERT, etc.).

Emergency Public
Information Maintain an Emergency Public Information program to be used during emergency situations. City Manager – Emergency Services General Fund Con.

Not an action item. City Communications has a system in place. Developing an emergencycommunications annex to the EmergencyOperations Base Plan (EOP) is a priority for OES in FY20/21 Communication
Methods
Use the local TV channel, Cupertino Alert System (CAS), the Internet and other communication methods to transmit information to the citizenry.

City Manager –
Emergency Services General Fund Con.

This is not an action item. Preparedness
information is published on tranditional media and socialmedia platforms. During periods of emergency and alert,these notifications increase.

An emergency communications annex is in developmentto include the various communication methods.

Public Information
Office
Activate the Public Information in coordination with the Sheriff and the Fire Department to provide accurate information to the public as needed.

City Manager –
Emergency Services General Fund Con.

Not an action item. This is coordinated by SCC Office of Emergency Management (OEM) during periods ofconcern. OEM hosts conference calls, which are used in part to coordinate public information between the
participants, including the Sheriffʹs Office, the FireDepartment, and Cupertiono OES.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Disaster Medical
Response
Continue to coordinate with the appropriate County agencies and local emergency clinics to ensure preparedness and provide disaster medical response. Coordinate with the CERT member throughout the City to ensure that they are prepared to provide emergency support and first aid at the neighborhood level.

City Manager –Emergency Services General Fund
This is not an action item. The City continues to coordinate with County Emergency Medical Services and the County
Public Health Department for awareness of their systems and capabilities to provide disaster medical response.

Existing plans on getting response requests to County
dispatch in the case of a total communcations (telephone, mobile phone, etc.) outage. Citizen Corps members are
provided refresher first aid training. This training is practiced during City public service events (the 5K runs, Fourth of July, various festivals, etc.).

Memorandum of
Understanding
(MOU)
Develop a MOU with local emergency clinics. The County’s role and involvement in emergencies should be considered in development of the MOU.

City Manager –
Emergency Services General Fund Con.

This is not an action item. Although there are ʹfree‐
standingʹ physician offices in the City, there are no known public emergency medical clinics in the City. Long‐term care facilities, and any companion medical components,
are coordinated through, and supported by, the County
Emergency Medical Services Agency and the County
Public Health Department
Military Facilities and
Readiness
Consider the impact of development on neighboring military facilities and maintain military airspace to ensure military readiness.

CommunityDevelopment – Planning General Fund Con. There are no abutting military facilities or airspace over Cupertino.

Regional
Coordination
Coordinate wildland fire prevention efforts with adjacent jurisdictions. Encourage the County and the Midpeninsula Open Space District to implement measures to reduce fire hazards, including putting into effect the fire reduction policies of the County Public Safety Element, continuing efforts in fuel management, and considering the use of “green” fire break uses for open space lands.

Santa Clara County Fire General Fund Con. The City participates in the Countyʹs Weed Abatement program to ensure fire safety Early Project Review Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modification as needed.

CommunityDevelopment – Buildingand Planning; Santa
Clara County Fire
General Fund Con. Not an action item. Ongoing coordination.

Emergency Access Ensure adequate emergency access is provided for all new hillside development.

Santa Clara County Fire;
CommunityDevelopment – Building
None Required Con. Not an action item.Reviewed in conjunction with project review.

Roadway Design Create an all–weather emergency road system to serve rural areas.

Public Works –
Development Servicesand Capital
Improvement Program;Santa Clara County Fire
General Fund Con. Not an action item. Reviewed in conjunction with project review.

Dead–End Street
Access
Allow public use of private roadways during an emergency for hillside subdivisions that have dead–end public streets longer than 1,000 feet or find a secondary means of access.

Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Hillside Access
Routes
Require new hillside development to have frequent grade breaks in access routes to ensure a timely response from fire personnel.

Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Hillside Road
Upgrades Require new hillside development to upgrade existing access roads to meet Fire Code and City standards.

Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Private Residential
Electronic Security
Gates
Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel.

CommunityDevelopment – Planning None Required Con. Not an action item. Implemented through the Municipal Code.

Location Require a fence exception for electronic security gates in certain areas. Community Development – Planning None Required Con. Not an action item. Implemented through the Municipal Code.

Access to Gates Where electronic security gates are allowed, require the installation of an approved key switch to be accessed by the Fire District. Community Development – Building; Santa Clara County Fire None Required Con. Not an action item. Implemented through the Municipal Code.

Commercial and
Industrial Fire
Protection Guidelines
Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses.

CommunityDevelopment – Building General Fund Con. Not an action item. Implemented through the Municipal and Fire Code.

Fire Prevention and
Emergency
Preparedness
Promote fire prevention and emergency preparedness through city–initiated public education programs, the government television channel, the government television channel, the Internet, and the Cupertino Scene.

City Manager –
Emergency Services General Fund Con.

Not an action item. There is coordinated public education of life safety conducted by the City, including Personal Emergency Preparedness classes. Some information is also provided on the City radio station (1670 AM). The Scene periodically features articles regarding emergency
preparedness and fire safety.

Multi–Story Buildings Ensure that adequate fire protection is built into the design of multi–story buildings and require on–site fire suppression materials and equipment. Santa Clara County Fire; Community Development – Building General Fund Con. Not an action item. Implemented throught the Municipal and Fire Codes.

Extension of Water
Service
Encourage the water companies to extend water service into the hillside and canyon areas and encourage cooperation between water utility companies and the Fire Department in order to keep water systems in pace with growth and firefighting service needs.

Santa Clara County Fire;
CommunityDevelopment – Building
General Fund Con. Not an action item. Reviewed in conjunction with project review.

Neighborhood
Awareness Programs
Continue to support the Neighborhood Watch Program and other similar programs intended to help neighborhoods prevent crime through social interaction.

City Manager – Public
Affairs General Fund Con. Not an action item.

Crime Prevention
Through Building and
Site Design
Consider appropriate design techniques to reduce crime and vandalism when designing public spaces and reviewing development proposals.

Public Works – Capital
Improvement Programand Park Improvement;
CommunityDevelopment – Planning
Capital
ImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Perimeter Roads for
Parks Encircle neighborhood parks with a public road to provide visual accessibility whenever possible.

Public Works – Capital
Improvement Programand Park Improvement
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review.

Development Review Continue to request County Sheriff review and comment on development applications for security and public safety measures. Community Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Fiscal Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use mixes.

CommunityDevelopment – Planningand City Manager –
Economic Development
None Required Con. Not an action item. Reviewed in conjunction with project review.

Seismic and Geologic
Review Process
Evaluate new development proposals within mapped potential hazard zones using a formal seismic/geologic review process. Use Table HS ‐ 3 of this Element to determine the level of review required.

CommunityDevelopment – Buildingand Planning; Public
Works – DevelopmentServices
None Required Con. Not an action item. Reviewed in conjunction with project review.

Geotechnical and
Structural Analysis
Require any site with a slope exceeding 10% to reference the Landslide Hazard Potential Zone maps of the State of California for all required geotechnical and structural analysis.

CommunityDevelopment – Buildingand Planning; Public
Works – Development
Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Residential Upgrades
Require that any residential facility, that is being increased more than 50% assessed value or physical size, conform to all provisions of the current building code throughout the entire structure. Owners of residential buildings with known structural defects, such as un–reinforced garage openings, “soft first story” construction, unbolted foundations, or inadequate sheer walls are encouraged to take steps to remedy the problem and bring their buildings up to the current building code.

CommunityDevelopment – Buildingand Planning
None Required Con. Not an action item. Reviewed in conjunction with project review.

Geologic Review Continue to implement and update geologic review procedures for Geologic Reports required by the Municipal Code through the development review process.

CommunityDevelopment – Buildingand Planning; Public
Works – DevelopmentServices
None Required Con. Not an action item. Reviewed in conjunction with project review.

Public Education on
Seismic Safety
Reinforce the existing public education programs to help residents minimize hazards resulting from earthquakes.

City Manager –
Emergency Services General Fund Con. Not an action item. Ongoing coordination/ education.

Covenant on Seismic
Risk
Require developers to record a covenant to tell future residents in high–risk areas about the risk and inform them that more information is in City Hall records. This is in addition to the State requirement that information on the geological report is recorded on the face of subdivision maps.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Emergency
Preparedness
Publish and promote emergency preparedness activities and drills. Use the City social media, and the website to provide safety tips that may include identifying and correcting household hazards, knowing how and when to turn off utilities, helping family members protect themselves during and after an earthquake, recommending neighborhood preparation activities, and advising residents to maintain an emergency supply kit containing first–aid supplies, food, drinking water and battery operated radios and flashlights.

City Manager –
Emergency Services General Fund Con.

Not an action item. Presented in Personal
Emergency Preparedness classes offered by the
Cityʹs Office of Emergency Services. Distribution
of printed materials in the lobby of City Hall andon the City website.

Neighborhood
Response Groups
Encourage participation in CERT training. Train neighborhood groups to care for themselves during disasters. Actively assist in neighborhood drills and safety exercises to increase participation and build community support.

City Manager –
Emergency Services General Fund Con.

Not an action item. The Santa Clara County Fire
Department provides CERT training for
community members. When requested by
neighborhood groups, Cupertinoʹs Office ofEmergency Services will present preparednessinformation and support, including exercises. This would include the Block Leader Program.

Dependent
Populations
As part of community–wide efforts, actively cooperate with State agencies that oversee facilities for persons with disabilities and those with access and functional needs, to ensure that such facilities conform to all health and safety requirements, including emergency planning, training, exercises and employee education.

City Manager –
Emergency Services General Fund Con.

Not an action item. As situations arise, the City cooperates with State agencies overseeing facilities for those with disabilities and access and functional needs.

Foreign Language
Emergency
Information
Obtain translated emergency preparedness materials and make them available to appropriate foreign language populations.

City Manager –
Emergency Services General Fund Con.

Not an action item. Foreign language emergency
preparedness information is available. During anemergency, the City has the ability to translate materials and can also receive translation support from the County.

Hazardous Materials
Storage and Disposal
Require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fire or the release of harmful fumes. Maintain information channels to the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain system or in creeks.

Public Works –
EnvironmentalPrograms; Santa ClaraCounty Fire
General Fund Con. Not an action item. Reviewed in conjunction with project review. Ongoing coordination/ education.

Proximity of
Residents to
Hazardous Materials
Assess future residents’ exposure to hazardous materials when new residential development or sensitive populations are proposed in existing industrial and manufacturing areas. Do not allow residential development or sensitive populations if such hazardous conditions cannot be mitigated to an acceptable level of risk.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Electromagnetic
Fields (EMF) Ensure that projects meet Federal and State standards for EMF emissions through development review. Community Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Educational Programs
Continue to encourage residents and businesses to use non– and less– hazardous products, especially less toxic pest control products, to slow the generation of new hazardous waste requiring disposal through the county–wide program.

Public Works –
Environmental Programs
and Service Center
General Fund Con. Not an action item. Ongoing implementation.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Hazardous Waste
Disposals
Continue to support and facilitate, for residences and businesses, a convenient opportunity to properly dispose of hazardous waste.

Public Works –
Environmental Programs General Fund Con.

Not an action item. Ongoing implementation. In January
2019, the Cityʹs door to door Household Hazardous Waste (HHW) Program dissolved and residents were redirected
to utilize the Countyʹs HHW drop‐off program.

Partner on Hazardous
Waste Collection and
Disposal
Continue to explore efficient, economical and convenient ways to offer Household Hazardous Waste collection for residents in partnership with the Solid Waste contractor or the County.

Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing implementation.

Educational Materials Publish educational materials about the program in the Cupertino Scene, City website, and brochures that are distributed throughout the community.

Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing coordination/ education.

Evacuation Map Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general public. Public Works – Development Services and Service Center General Fund Con. Evacuation Map and Street signage has been prepared and installed. Ongoing evaluation is occuring.

Emergency Response
to Dam Failure Ensure that Cupertino is prepared to respond to a potential dam failure.

City Manager –
Emergency Services;
Public Works
General Fund Con.

Implemented through Strategies HS‐7.2.1 and HS‐ 7.2.2.

The Stevens Creek Dam Failure Plan was adopted in 2012
and a comprehensive network of flood evacuation signswere placed in late 2014 on streets that would be impacted from a dam failure.

Emergency and
Evacuation Plan
Maintain and update a Stevens Creek Dam Failure Plan, including alert, warning and notification systems and appropriate signage.

City Manager –
Emergency Services General Fund IM
Action completed. Adopted in 2012. Online at:
https://www.cupertino.org/home/showdocument?id=7424. Alert, warning, notification are major components of these plans.

Inter–agency
Cooperation
Continue to coordinate dam–related evacuation plans and alert/notification systems with the City of Sunnyvale, the SCVWD and Santa Clara County to ensure that traffic management between the agencies facilities life safety. Also work with other neighboring cities to enhance communication and coordination during a dam–related emergency.

City Manager –
Emergency Services General Fund Con.

Not an action item. The Santa Clara Valley Water District is scheduled to revise its Stevens Creek Dam Emergency
Plan in 2020. This will facilitate updating the Cityʹs Dam Failure Plan, as well as the coordination with SCVWD on dam damage survey efforts.

Existing
Non–Residential Uses
in the Flood Plain
Allow commercial and recreational uses that are now exclusively within the flood plan to remain in their present use or to be used for agriculture, provided it does not conflict with Federal, State and regional requirements.

Public Works –
Development Services;
CommunityDevelopment – Planning
None Required Con. Not an action item.

Construction in Flood
Plains
Continue to implement land use, zoning and building code regulations limiting new construction in the already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator.

Community
Development – Planning General Fund Con. Not an action item.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Dwellings in Flood
Plains
Discourage new residential development in regulated flood plains. Regulate all types of redevelopment in natural flood plains. This includes discouraging fill materials and obstructions that may increase flood potential or modify the natural riparian corridors.

Public Works –
Development Services None Required Con. Not an action item. Information provided to property owners/ applicants as needed.

Description of Flood
Zone Regulation
Continue to maintain and update a map of potential flood hazard areas and a description of flood zone regulations on the City’s website.

Public Works –
Development Services General Fund Con. Ongoing coordination/ education.

National Flood
Insurance Program
Community Rating
System
Continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS).

Public Works –
Development Services General Fund Con. Ongoing coordination.

Hillside Grading
Restrict the extent and timing of hillside grading operations to April through October except as otherwise allowed by the City. Require performance bonds during the remaining time to guarantee the repair of any erosion damage. Require planting of graded slopes as soon as practical after grading is complete.

Public Works –
Development Services None Required Con. Not an action item. Implemented through the Municipal Code.

Stability of Existing
Water Storage
Facilities
Assure the structural integrity of water storage facilities. Public Works – Capital Improvement Program General Fund Con. Not an action item.

Coordination with
other Agencies
Work closely with the San Jose Water Company and owners of other water storage facilities to develop and implement a program to monitor the stability of all existing water storage facilities and related improvements, such as: distribution lines, connections and other system components.

Public Works – Capital
Improvement Program General Fund Con. Not an action item. Ongoing coordination.

Land Use Decision
Evaluation
Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map (see Figure D‐1 in Appendix D) and the City Municipal Code to evaluate land use decisions.

CommunityDevelopment – Planning None Required Con. Not an action item.

Building and Site
Design
Minimize noise impacts through appropriate building and site design.

CommunityDevelopment – Planningand Building
None Required Con. Not an action item. Implemented through the Municipal Code.

Commercial Delivery
Areas
Locate delivery areas for new commercial and industrial developments away from existing or planned homes.

CommunityDevelopment – Planningand Building
None Required Con. Not an action item. Reviewed in conjunction with project review.

Noise Control
Techniques
Require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects new low‐intensity residential uses.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

Sound Wall
Requirements
Exercise discretion in requiring sound walls to be sure that all other measures of noise control have been explored and that the sound wall blends with the neighborhood. Sound walls should be designed and landscaped to fit into the environment.

CommunityDevelopment – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Construction and
Maintenance
Activities
Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, during weekdays, weekends and holidays for construction activities. Require construction contractors to use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers.

CommunityDevelopment – Planningand Building
General Fund Con. Not an action item. Implemented through the Municipal Code.

Freeway Design and
Neighborhood Noise
Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved in a way that minimizes neighborhood noise.

Public Works –
Transportation andDevelopment Services
CapitalImprovementFund; General
Fund
Con.

Not an action item. Reviewed in conjunction with project review.

Neighborhoods Review residents’ needs for convenience and safety and prioritize them over the convenient movement of commute or through traffic where practical. Public Works – Transportation Capital Improvement Fund Con. Not an action item. Reviewed with project review/ Capital Improvement Program.

Traffic Calming
Solutions to Traffic
Noise
Evaluate solutions to discourage through traffic in neighborhoods through enhanced paving and modified street design.

Public Works –
Transportation
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Local Improvement Modify street design to minimize noise impact to neighbors. Public Works – Transportation Capital Improvement Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Reduction of Noise
from Trucking
Operations
Work to carry out noise mitigation measures to diminish noise along Foothill and Stevens Creek Boulevards from the quarry and cement plant trucking operations. These measures include regulation of truck speed, the volume of truck activity, and trucking activity hours to avoid late evening and early morning. Alternatives to truck transport, specifically rail, are strongly encouraged when feasible.

Public Works –
Transportation
General Fund Con. Not an action item. Ongoing coordination/ implementation.

Restrictions in the
County’s Use Permit
Coordinate with the County to restrict the noise of trucks, their speed and noise levels along Foothill and Stevens Creek Boulevards, to the extent allowed in the Use Permit. Ensure that restrictions are monitored and enforced by the County.

Public Works –
Transportation
General Fund Con. Not an action item. Ongoing coordination/ implementation.

Road Improvements
to Reduce Truck
Impacts
Consider road improvements such as medians, landscaping, noise attenuating asphalt, and other methods to reduce quarry truck impacts.

Public Works –
Transportation
General Fund con. Not an action item. Ongoing coordination/ implementation.

Infrastructure
Planning
Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development.

Public Works – CapitalImprovement Program General Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Capital Improvement
Program
Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040. Public Works – Capital Improvement Program General Fund Con.

Not an action item. Planning Commission reviewed the
FY19/20 Capital Imp. Program and found that there was
one exception ‐ parkland acquisition. However, theCouncil found the Capital Imp. Program to be in conformance with the General Plan.

Design Capacity
Ensure that public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over–sizing of infrastructure to avoid fiscal impacts or impacts to other goals.

Public Works – Capital
Improvement Program,Development Servicesand Transportation General Fund,
Grants
Con.

Not an action item. Ongoing coordination/
implementation.

Coordination
Require coordination of construction activity between various providers, particularly in City facilities and rights–of–way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.

Public Works –Development Services
General Fund,
Grants
Con. Not an action item. Ongoing coordination.

Maintenance Ensure that existing facilities are maintained to meet the commuity’s needs. Public Works – Service Center General Fund, Grants Con. Not an action item. Implemented through the Capital Improvement Program, Engineering and maintenance activities.

Coordination Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth.

Public Works –
Development Services None Required con. Not an action item. Ongoing coordination Funding Explore various strategies and opportunities to fund existing and future infrastructure needs.

Public Works –
Transportation andCapital Improvement
Program
General Fund Con. Not an action item. Implemented through the Capital Improvement Program.

Existing
Infrastructure
Require developers to expand or upgrade existing infrastructure to increase capacity, or pay their fair share, as appropriate.

Public Works –
Transportation andDevelopment Services
None Required Con. Not an action item. Reviewed in conjunction with project review.

Future Infrastructure
Needs
For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.

Public Works –
Development Services,Transportation andCapital ImprovementProgram None Required con. Not an action item. Implemented in conjunction with project review.

Economic
Development
Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue.

Public Works –
Transportation andCapital ImprovementProgram
General Fund;
CapitalImprovementFund
Con.

Not an action item. Implemented through the Capital
Improvement Program.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Maintenance Maintain the City’s rights–of–way and traffic operations systems.

Public Works –
Transportation andCapital ImprovementProgram
General Fund;
Grants
Con. Not an action item.

Multi–modal Systems Ensure that City rights–of–way are planned for a variety of transportation alternatives including pedestrian, bicycle, automobile, as well as new technologies such as driverless cars, etc.

Public Works –
Transportation, ServiceCenter and Capital
Improvement Program
General Fund;
Grants
Con.

Not an action item. Implemented through the Capital
Improvement Program and Bike/Ped Master plans.

Green Streets Explore the development of a “green streets” program to minimize stormwater runoff in City rights–of–way.

Public Works –
Transportation,Environmental Programsand Capital
Improvement Program
General Fund;
Grants
LR
Attempts have been made to identify a ʺgreen streetsʺ
project through the Capital Improvement Program.

Ongoing.

Undergrounding
Utilities
Explore undergrounding of utilities through providers, public projects, private development and agency funding programs and grants.

Public Works –
Development Services
General Fund;
Grants
Con.

Not an action item. Implemeneted through the Capital
Improvement Program.

Public and Provider
Generated Projects
Require undergrounding of all new infrastructure projects constructed by public agencies and providers.

Work with providers to underground existing overhead lines.

Public Works –
Development Services
General Fund;
Grants
Con. Not an action item. Ongoing coordination.

Development Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects. Public Works – Development Services General Fund; Grants Con. Not an action item. Reviewed in conjunction with project review.

Recycled Water
Infrastructure Plan for citywide access to recycled water and encourage its use. Public Works – Development Services General Fund Con.

Attempts have been made to require development projects to route recycled water to Stevens Creek Blvd. If not
successful, could be reviewed in conjunction with the
Capital Improvement Program. Opportunities to expand
the recycled water system into Cupertino are ongoing.

Availability Expand the availability of a recycled water system through public infrastructure projects and development review.

Public Works –
Development Servicesand Capital
Improvement Program,
Capital
Improvement
Fund
Con.

Use Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses.

Public Works –
Development Servicesand Capital
Improvement Program
Con.

Attempts have been made to require development projects to route recycled water to Stevens Creek Blvd and also to require dual plumbing to allow use of recycled water.

City Facilities Design and retrofit City buildings, facilities and landscaping to use recycled water, to the extent feasible.

Public Works – Capital
Improvement Programand Service Center
CapitalImprovementFund
Con.

Not an action item. When recycled water services are
available, coordination will occur.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Coordination with
Providers
Coordinate with water providers and agencies in their planning and infrastructure process to ensure that the City continues to have adequate supply for current needs and future growth.

Public Works –
Development Services General Fund Con. Not an action item. Ongoing coordination.

Maintenance
Coordinate with providers to ensure that water and recycled water delivery systems are maintained in good condition.

Public Works –
Development Services General Fund Con. Not an action item. Ongoing coordination.

Regional
Coordination
Coordinate with State and regional agencies to ensure that policies and programs related to water provision and conservation meet City goals. Note: additional water conservation policies are discussed in detail in the Environmental Resources and Sustainability Element.

Public Works –
EnvironmentalPrograms; City Manager
– Sustainability
General Fund Con. Not an action item. Ongoing coordination.

Planning and
Management
Create plans and operational policies to develop and maintain an effective and efficient stormwater system.

Public Works – Sevice
Center and
Environmental Programs
General Fund Con.

Council adopted an updated Storm Drain Master Plan in
Jan. 2019. Projects consistent with the Master Plan will be identified for the Councilʹs consideration for inclusion in the CIP in upcoming years.

Management
Reduce the demand on storm drain capacity through implementation of programs that meet and even exceed on–site drainage requirements.

Public Works –
Development Servicesand EnvironmentalPrograms
General Fund Con. Not an action item. Implemented in conjunction with project review.

Infrastructure Develop a Capital Improvement Program (CIP) for the City’s storm drain infrastructure that meets the current and future needs of the community.

Public Works – Capital
Improvement Program
CapitalImprovementFund
IM/LR
Council adopted an updated Storm Drain Master Plan in
Jan. 2019. Projects consistent with the Master Plan will be identified for the Councilʹs consideration for inclusion in the CIP in upcoming years
Maintenance
Ensure that City’s storm drain infrastructure is appropriately maintained to reduce flood hazards through implementation of best practices.

Public Works – Service
Center
CapitalImprovementFund
Con.

Not an action item. Ongoing maintenance . Storm Drain
Funding acquired through Clean Water and Storm
Protection Parcel Fee ballot measure in July 2019.

Funding Develop permanent sources of funding stormwater infrastructure construction and maintenance. Public Works – Environmental Programs General Fund IM Action Completed. Storm Drain Funding acquired through Clean Water and Storm Protection Parcel Fee ballot measure in July 2019.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Ongoing Operations
Review other funding strategies to pay for the ongoing operations and maintenance of the storm drain system per State and regional requirements. Note: additional policies that meet State and regional runoff reduction are described in the Environmental Resources and Sustainability Element.

Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing coordination.

Infrastructure Ensure that the infrastructure plans for Cupertino’s waste water system providers continue to meet the City’s current and future needs.

Public Works –
Development Services General Fund Con. Not an action item. Ongoing coordination.

Coordination
Coordination with the Cupertino Sanitary District on their Master Plan and the Sunnyvale Treatment Plant to develop a comprehensive capital improvement program to ensure adequate capacity for future development anticipated with General Plan buildout.

Public Works –
Development Services General Fund Con. Not an action item. Ongoing coordination.

Development Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to ensure that service levels are met. Public Works – Development Services Con. Not an action item. Implemented in conjunction with project review.

Demand Look for ways to reduce demand on the City’s wastewater system through implementation of water conservation measures.

Public Works –
Development Services General Fund con. Not an action item. Ongoing coordination.

Telecommunications
Master Plan
Maintain and update a Telecommunications Master Plan with regulations and guidelines for wireless and emerging technologies.

InformationServicesPublic Works –Development Services;CommunityDevelopment – Planning; General Fund Wireless and Fiber Optic Master Plan has been prepared.

Coordination Coordinate with providers to improve access and delivery of services to businesses and homes.

Information Services;
Public Works –
Development Services;CommunityDevelopment – Planning
General Fund Con. Not an action item. Ongoing coordination.

Facility Upgrades
When possible, require service providers to upgrade existing facilities as part of permit or lease renewals.

Encourage use of newer technologies that allow the facility components to be reduced in size or improve screening or camouflaging.

Public Works –
Development Services;CommunityDevelopment – Planning
General Fund Con. Not an action item. Ongoing coordination.

Improved Access Work with providers to expand service to areas that are not served by telecommunications technologies.

Information Services –Communications; PublicWorks – DevelopmentServices; General Fund Con. Not an action item. Ongoing coordination.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment City Facilities Encourage leasing of City sites to expand access to telecommunications services. Develop standards for the incorporation of telecommunications systems and public use. Information Services; Public Works – Development Services General Fund Con. Not an action item. Ongoing coordination.

Agency and Private
Facilities
Encourage the installation of communications infrastructure in facilities owned by other public agencies and private development.

Public Works –
Development Services General Fund con.

Not an action item. Ongoing coordination.

Telecommunications facilities proposed for the Sports
Center were requested by Council to be relocated.

Communications
Infrastructure Support the extension and access to telecommunications infrastructure such as fiber optic cables. Public Works – Development Services General Fund LR Wireless and Fiber Optic Master Plan has been prepared.

Planning Commision recommended in the 2020 General
Plan Annual Report process that the City establish
consistent aesthetic standards for 5G infrastructure for all carriers.

Emerging
Technologies
Encourage new and innovative technologies and partner with providers to provide the community with accesss to these services. Information Services General Fund LR The Information Services team has implemented several
technologies in the City since adoption of the 2015 General Plan. These include the 311 service software, and Accela for permit review
Strategic Technology
Plan Create and update a Strategic Technology Plan for the City to improve service efficiency. Information Services – Information Technology General Fund IM Implementation of current three year Strategic Technology Plan began in Oct 2017. All projects in this plan have been completed or will be complete by September 2020.

Strategic Technology plans are available online at:
www.cupertino.org/home/showdocument?id=169 66.

Providers Coordinate with solid waste system providers to utilize the latest technology and best practices to encourage waste reduction and meet, and even, exceed State targets.

Public Works –
Environmental Programs General Fund Con. Ongoing coordination and included as a performance measure in the Cityʹs Waste Hauler Franchise Agreement.

Facilities Ensure that public and private developments build new and on–site facilities and/or retrofit existing on–site facilities to meet the City’s waste diversion requirements.

Public Works –
Environmental Programs General Fund Con. Not an action item. Implemented in conjunction with project review.

Operations Encourage public agencies and private property owners to design their operations to exceed regulatory waste diversion requirements. Public Works – Environmental Programs General Fund Con. Not an action item. Ongoing coordination. Implemented in conjunction with project review.

City Facilities and
Events
Design new City facilities and retrofit existing facilities and event venues with recycling and trash collection bins to facilitate easy disposal of recyclable and compostable waste by staff and the public.

Public Works –
Environmental Programs
and Capital
Improvement Program
General Fund Con.

Not an action item. Implemented in conjunction with
project review. Work continued in 2021 to develop a
citywide Zero Waste Plan.

Product Stewardship Per the City’s Extended Producer Responsibility (EPR) policy, support statewide and regional EPR initiatives and legislation to reduce waste and toxins in products, processes and packaging. Public Works – Environmental Programs General Fund Con. Not an action item. Ongoing coordination.

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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Reducing Waste Meet or exceed Federal, State and regional requirements for solid waste diversion through implementation of programs. Public Works – Environmental Programs General Fund Con.

Not an action item. Ongoing coordination. Diversion
requirements captured in franchised hauling agreementand municipal code Outreach Conduct and enhance programs that promote waste reduction through partnerships with schools, institutions, businesses and homes.

Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing coordination. Sustainability working on updating.

Hazardous Waste Work with providers and businesses to provide convenient hazardous and e–waste facilities for the community.

Public Works –Environmental Programs General Fund Con. Not an action item. Ongoing coordination.

Preferential
Purchasing
Maintain and update a City preferential purchasing policy to products that reduce packaging waste, greenhouse gas emissions, toxic contaminants and are reusable.

Public Works –
Environmental Programsand City Manager –
Sustainability
General Fund Con.

Not an action item. Ongoing coordination. Update of EPP purchasing policy in next fiscal year is an operational project.

Reuse
Encourage reuse of materials and reusable products. Develop a program for reuse of materials and reusable products in City facilities and outreach programs for community–wide participation by promoting community–wide garage sales and online venues.

Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing coordination. To be included in future Zero Waste Plan.

Collaboration Collaborate with agencies and large businesses or projects to enhance opportunities for community–wide recycling, reuse and reduction programs. Public Works – Environmental Programs General Fund Con. Not an action item. Ongoing coordination.

Construction Waste Encourage recycling and reuse of building materials during demolition and construction of City, agency and private projects. Public Works – Environmental Programs General Fund Con.

Not an action item. Ongoing coordination. Current
municipal code requires 65% or more of mixed
construction and demolition debris be diverted from
landfill from qualifying projects.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 397
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Recycled Materials Encourage the use of recycled materials and sustainably harvested materials in City, agency and private projects.

Public Works –
Environmental Programsand Capital
Improvement Program
General Fund Con.

Not an action item. Implemented in conjunction with
project review. City purchasing of materials is subject to the Environmental Purchasing Policy.

Parks and Recreation
Master Plan
Prepare a citywide Parks and Recreation Master Plan that outlines policies and strategies to plan for the communities open space and recreational needs.

Parks and Recreation –Business Services; Public
Works – Park
Improvement
General Fund IM Completed ‐ Adopted by the City Council on February 18. 2020.

Stevens Creek
Corridor Master Plan
Prepare a master plan for the park and open space corridor along Stevens Creek including McClellan Ranch, McClellan Ranch West, Blackberry Farm, the Blackberry Farm golf course, Stocklmeir and Blesch properties and the Nathan Hall Tank House area.

Parks and Recreation –Business Services; Public
Works – Park
Improvement
General Fund LR
Anticipated to begin after direction is received from the City Council on the BBF golf course feasibility study
results (early to mid 2023).

Civic Center Master
Plan
Prepare a master plan that addresses the needs of the elements in the Civic Center area including City Hall, Community Hall, Library Field, Library programming, function and meeting space and community gathering space and parking needs.

Public Works – Capital
Improvement Programand Park Improvement
General Fund IM/LR
Civic Center Master Plan provides guidance on capital
projects in this node. Library expansion project was
included in the Civic Center Master Plan and was
constructed in 2021.

Parkland Standards Continue to implement a parkland acquisition and implementation program that provides a minimum of three acres per 1,000 residents. Public Works – Development Services General Fund; Developer Fees Con. Not an action item.

Park Size
Require target for parks based on function and activity supported as part of the Parks and Recreation Master Plan. While the preferred size for most neighborhood parks is about 3.5 acres for flexibility of use, smaller size parks may be considered based on opportunities and circumstances.

Parks and Recreation –
Business Services; Public
Works – Park
Improvement
General Fund Con. Not an action item.

Amend Parkland
Standard
Explore increasing the parkland standard to five acres per 1,000 residents as part of the citywide Parks and Recreation Master Plan.

Public Works – Park
Improvement General Fund LR
No action has been taken with regard to this strategy. This is an aspirational goal. The Parks Master Plan does not propose any change to the current 3 acre/1000 residents standard.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 398
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Capital Improvement
Program (CIP)
Ensure that CIP projects reflect the goals and policies identified in the Community Vision 2040, establishing a criteria for ranking CIP proposals for the highest and best selection of community projects.

Public Works – Capital
Improvement Program General Fund Con. Not an action item.

Parkland Acquisition
The City’s parkland acquisition strategy should be based upon three broad objectives:
*Distributing parks equitably throughout the City;*Connecting and providing access by providing paths, improved pedestrian and bike connectivity and signage; and*Obtaining creek lands and restoring creek and other natural open space areas, including strips of land adjacent to creeks that may be utilized in creating buffer areas, trails and trail amenities.

Public Works – Park
Improvement, CapitalImprovement Programand DevelopmentServices General Fund;
Developer Fees Con.

Not an action item. The Parks Master Plan in
consideration include Park Equity Heat Maps to
indicate park deficient areas
Dedication of
Parkland
New developments, in areas where parkland deficiencies have been identified, should be required to dedicate parkland rather than paying in–lieu fees.

Public Works –
Development Services General Fund Con. Not an action item. Reviewed in conjunction with project review.

Public Use of School
Sites
Zone all public school sites for public use to allow for the public to use sites, when not in use by schools, through shared arrangements.

Public Works – Service
Center
General Fund Con.

Most school sites have joint use agreements in place to allow use of open spaces. The City looks for additional agreements as the opportunities arise.

Acquisition of Surplus
Properties
Explore acquisition of surplus school and agency properties for parkland. Take advantage of the Naylor Act to purchase surplus school sites.

Public Works –
Development Servicesand Park Improvement
General Fund Con. Not an action item.

Private Open Space
and Recreation
Facilities
Encourage the continued existence and profitability of private open space and recreation facilities through incentives and development controls.

CommunityDevelopment – Planning General Fund Con. Implemented through Strategies RPC‐2.2.1 and RPC 2.2.2 Existing Facilities Encourage the continued existence of private recreational facilities through land use zoning and incentives. Community Development – Planning General Fund Con. Not an action item. Existing zoning allows private recreational facilities to be a conforming use.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 399
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment New Facilities
*Require major developments to incorporate private open space and recreational facilities, and seek their cooperation in making the spaces publicly accessible.
*Where feasible, ensure park space is publicly accessible (as opposed to private space). *Encourage active areas to serve community needs. However, a combination of active and passive areas can be provided based on the setting.
*Integrate park facilities into the surroundings.
*If public parkland is not dedicated, require park fees based on a formula that considers the extent to which the publicly–accessible facilities meet community need.

CommunityDevelopment – Planning;Public Works –
Development Services
Con.

Not an action item. Implemented through the Municipal
Code.

Parkland Distribution
Strive for an equitable distribution of parks and recreational facilities through the City. Park acquisition should be based on the following priority list. Accessibility to parks should be a component of the acquisition plan.

High Priority: Parks in neighborhoods or areas that have few or no park and recreational areas.

Medium Priority: Parks in neighborhoods that have other agency facilities such school fields and districts facilities, but no City parks.

Low Priority: Neighborhoods and areas that have park and recreational areas which may be slightly less than the adopted City’s parkland standard.

Private Development: Consider pocket parks in new and renovated projects to provide opportunities for publicly–accessible park areas.

Public Works –
Development Servicesand Capital
Improvement Program
General Fund,
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review.

Connectivity and
Access
Ensure that each home is within a half–mile walk of a neighborhood park or community park with neighborhood facilites; ensure that walking and biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks.

Public Works –
Development Services,Transportation andCapital ImprovementProgram; Community Development – Planning
General Fund,
Capital
ImprovementFund
Con.

Not an action iem. Reviewed in conjunction with project review to the extent allowed by State law.

Pedestrian and
Bicycle Planning
Implement recommendations in the Bicycle and Pedestrian Plans to link employment and special areas, and neighborhood to services including parks, schools and neighborhood shopping.

Public Works –
Transportation and
Capital ImprovementProgram
General Fund;
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Signage Adopt and maintain a master signage plan for all public parks to ensure adequate and consistent signage is provided to identify public recreational areas. Public Works – Capital Improvement Program General Fund;
Capital
ImprovementFund
Con. Not an action item. Ongoing coordination.

Range of Park
Activities Provide parks and recreational facilities for a variety of recreational activities.

Public Works – Park
Improvement; Parks andRecreation – BusinessServices
General Fund Con. Not an action item. Ongoing coordination and planning.

Special Needs Extend recreational opportunities for special needs groups (senior, disabled, visually–challenged, etc.) by making improvements to existing facilities and trails.

Parks and Recreation –
Business Services; Public
Works – Park
Improvement
General Fund,
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 400
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Recreational Facilities Explore the possibility of providing additional access to existing facilities such as gymnasiums, swimming pools and tennis courts.

Parks and Recreation –Business Services
General Fund LR
On March 2, 2021, City Council reviewed the current
status of the RRRPD City Work Program item and
unanimously carried the motion to delay the considerationof the annexation of the district until RRRPD completed their strategic visioning and outreach process and the
RRRPD Board of Directors made a formal
recommendation on the subject of City acquisition and
annexation. In addition, the delay would allow for
community engagement in long‐term planning foraquatics facilities in Cupertino.

Memo was send to City Council November 2021 stating
RRRPDs and community survey results showing
opposition to the City aquisition of RRRPD. No further
action taken.

Community Gardens Encourage community gardens, which provide a more livable environment by controlling physical factors such as temperature, noise and pollution.

Parks and Recreation –Outdoor Recreation &
Youth Development;Public Works – Park
Improvement
General Fund Con.

Not an action item. Capital Improvement Program has a
project to provide Community Gardens at McClellan
Ranch and is looking at other opportunities elsewhere in the City. Design is currently underway for a community
garden at Wilson Park.

Preservation of
Natural Areas
Design parks to utilize natural features and the topography of the site in order to protect natural features and keep maintenance costs low.

Public Works – Parks
Improvement and
Capital ImprovementProgram
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Native Planting Maximize the use of native plants and drought–tolerant planting.

Public Work – Capital
Improvement Program,Service Center and Park
Improvement
General Fund Con.

Not an action item. Reviewed in conjunction with project review/Capital Improvement Program and ongoingmaintenance activities.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 401
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Natural Habitat Where possible, restore and provide access to creeks and riparian habitat.

Public Work – Capital
Improvement Program,Service Center and Park
Improvement
CapitalImprovementFund
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Nature Play Areas Where appropriate, consider establishing Nature Play Areas in lieu of the more conventional play equipment. Public Works – Park Improvement Capital Improvement Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Recreational Intensity Design parks appropriate to address the facility and recreational programming required by each special area and neighborhood based on current and future plans for the areas. Public Works – Capital Improvement Program General Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Park Safety Design parks to enhance public safety by providing visibility to the street and access for public safety responders. Public Works – Capital Improvement Program General Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Open Space and Trail
Linkages
Dedicate or acquire open space land along creeks and utility through regional cooperation, grants and private development review.

Public Works –
Development Servicesand Capital
Improvement Program;CommunityDevelopment – Planning
GeneralFund/Grants Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Pedestrian and Bike
Planning
Implement recommendations in the Bicycle and Pedestrian Plan that link trails and open space to neighborhoods and special areas.

Public Works –
Transportation
CapitalImprovementFund/Grants
Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Trail Projects
Implement trail projects described in this Element; evaluate any safety, security and privacy impacts and mitigations associated with trail development; and work with affected neighbors in locating trails to ensure that their concerns are appropriately addressed.

Public Works –
Transportation andCapital Improvement
Program
CapitalImprovementFund/Grants
Con.

Not an action item. Implemented through the Bike/Ped
Master Plan. E.g. Regnart Creek Trail.

Dedicated Trail
Easements
Require dedication or easements for trails, as well as their implementation, as part of the development review process, where appropriate.

Public Works –
Development Services
and Transportation
General Fund;
Developer fees Con.

Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Joint Use Agreement Establish a Joint Use Agreement with the SCVWD that enhances the implementation of a trail program which increases the use of, and sets standards and measures for, creek trails. Public Works – Capital Improvement Program and Transportation General Fund Con. Established on an as‐needed basis. E.g. Regnart Creek Trail.

Pedestrian and
Bicycle Paths
Develop a citywide network of pedestrian and bicycle pathways to connect employment center, shopping areas and neighborhoods to services including parks, schools, libraries and neighborhood centers.

Public Works –
Transportation andCapital ImprovementProgram
CapitalImprovement
Fund/Grants
Con.

Not an action item. Implmented through the Bike/Ped
Master Plans.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 402
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment Diverse Programs
Ensure that the City continues to offer a wide range of programs to serve diverse populations of all ages and abilities.

Parks and Recreation –Business Services
General Fund Con. Not an action item.

Partnerships
Enhance the City’s recreational programs and library service through partnerships with other agencies and non–profit organizations. Maintain and strengthen existing agreements with agencies and non–profit organizations, including the Library District, to ensure progressive excellence in the facilities, programs, and services provided to the diverse and growing Cupertino population.

Parks and Recreation –Business Services; City
Manager
General Fund Con. Not an action item.

Art and Culture Utilize parks as locations of art and culture and to educate the community about the City’s history, and explore the potential to use art in facilities and utilities when located in parks.

Public Works – Capital
Improvement Programand DevelopmentServices; Parks and
Recreation – BusinessServices
General Fund Con. Not an action item. Reviewed in conjunction with project review/ Capital Improvement Program.

Library Service Encourage the library to continue to improve service levels by incorporating new technology and expanding the library collections and services. City Manager General Fund Con.

Not an action item. Ongoing coordination. The City is in the process of constructing a Library expansion as part ofits Capital Imp. Program. The Library expansion wascompleted in 2022.

Sustainable Design Ensure that City facilities are sustainably designed to minimize impacts on the environment. Public Works – Capital Improvement Program Capital Improvement Fund Con. Not an action item. Reviewed in conjunction with Capital Improvement Program.

Flexibility Design facilities to be flexible to address changing community needs. Public Works – Capital Improvement Program Capital Improvement Fund Con. Not an action item. Reviewed in conjunction with Capital Improvement Program.

Maintenance Design facilities to reduce maintenance, and ensure that facilities are maintained and upgraded adequately. Public Works – Capital Improvement Program Capital Improvement Fund Con. Not an action item. Reviewed in conjunction with Capital Improvement Program.

School Districts Partner with school districts to allow community use of their sports fields and facilities.

Public Works – Service
Center; Parks and
Recreation – BusinessServices
General Fund Con. Not an action item. Ongoing coordination.

Shared Facilities Maintain and enhance arrangements with schools for the use of sports fields, theaters, meeting spaces and other facilities through maintenance agreements and other partnerships. Parks and Recreation – Business Services; Public Works – Service Center General Fund Con. Not an action item. Ongoing coordination.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 403
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Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Timeframe Comment School Expansion Encourage schools to meet their expansion needs without reducing the size of their sports fields.

Public Works – Service
Center; Parks and
Recreation – BusinessServices
General Fund Con. Not an action item. Ongoing coordination.

School Facility Needs Collaborate with schools on their facility needs through sharing of development information and partnerships through major development projects. Community Development – Planning; City Manager General Fund Con. Not an action item. Ongoing coordination.

Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con 404
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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
11_16_22
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
10300 Torre Ave
Cupertino
95014
Please Start Here
General Information
2022
Cupertino
Contact Information
Kerri
Heusler
Housing Manager
[email protected]
4087773251
Mailing Address
Annual Progress Report January 2020 405
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Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 1 0 0 37 71 346 455 326 0 326 27 043 21267 STEVENS CREEK BLVD WESTPORT BLD-2021-1231 SFA O 6/15/2022 7 7 7 No Yes 326 27 043 21267 STEVENS CREEK BLVD WESTPORT BLD-2021-2262 SFA O 11/9/2021 75 75 75 No Yes 326 27 043 21267 STEVENS CREEK BLVD WESTPORT BLD-2022-1918 5+ R 10/10/2022 123 123 No Yes 359 20 030 20860 MCCLELLAN RD R-2021-040 SFD O 10/18/2022 1 1 2 2 No No 359 20 030 20860 MCCLELLAN RD R-2021-041 SFD O 10/18/2022 1 1 2 2 No No 359 20 030 20860 MCCLELLAN RD R-2021-042 SFD O 10/18/2022 1 1 2 2 No No 359 20 030 20860 MCCLELLAN RD R-2021-043 SFD O 10/18/2022 1 1 2 2 No No 359 20 030 20860 MCCLELLAN RD R-2021-044 SFD O 10/18/2022 1 1 2 2 No No 326 27 043 21267 STEVENS CREEK BLVD WESTPORT BLD-2021-1230 SFA O 6/25/2021 6 6 6 No Yes 326 34 043 & 326
34 066
10145 N DE ANZA BLVD & 10118

BANDLEY DR
Marina DP-2022-001 5+ O 3/29/2022 36 170 206 206 No Yes 342 14 104 22690 STEVENS CREEK BLVD Alan Row BLD-2022-0634 SFA O 11/18/2022 1 1 8 10 10 No No 375 40 042 19181 PHIL LN R-2022-041 ADU O 12/6/2022 1 1 2 1 No No 375 37 018 10548 S TANTAU AVE BLD-2022-0663 ADU O 8/31/2022 1 1 1 No No 375 33 051 18816 PENDERGAST AVE R-2022-013 ADU O 8/5/2022 1 1 2 1 No No 375 33 043 18890 PENDERGAST AVE BLD-2022-0737 ADU O 8/16/2022 1 1 1 No No 375 31 049 10667 WUNDERLICH BLD-2022-0490 ADU O 12/6/2022 1 1 1 No No 375 30 024 10840 JOHNSON AVE BLD-2022-0149 ADU O 7/29/2022 1 1 1 No No 375 29 052 18720 HANNA DR R-2022-028 ADU O 11/29/2022 1 1 2 2 No No 375 28 026 10624 JOHNSON AVE R-2022-018 ADU O 11/29/2022 1 1 2 2 No No 375 27 042 18750 BARNHART AVE BLD-2022-0605 ADU O 10/11/2022 1 1 1 No No 375 25 044 10377 STERLING Blvd BLD-2022-0613 ADU O 10/5/2022 1 1 1 No No 375 25 007 18645 RALYA CT BLD-2022-0007 ADU O 6/6/2022 1 1 1 No No 375 25 005 18625 RALYA CT R-2022-033 ADU O 9/12/2022 1 1 2 2 No No 375 24 021 10270 STERLING BLVD R-2022-008 ADU O 10/10/2022 1 1 2 2 No No 375 23 034 10526 STERLING BLVD R-2022-023 ADU O 10/26/2022 1 1 2 2 No No 375 23 032 10542 STERLING BLVD R-2022-019 ADU O 6/27/2022 1 1 2 2 No No 375 23 007 10552 GASCOIGNE DR R-2022-048 ADU O 12/13/2022 1 1 2 2 No No 375 19 023 10140 CALVERT DR R-2022-037 ADU O 12/15/2022 1 1 2 2 No No 375 19 017 18745 LOREE AVE R-2022-001 ADU O 9/1/2022 1 1 2 2 No No 375 14 038 18940 LOREE AVE BLD-2022-0578 ADU O 8/30/2022 1 1 1 No No 375 08 006 10279 S TANTAU AVE R-2022-024 ADU O 8/24/2022 1 1 2 1 No No 362 25 016 7675 SHADOWHILL LN BLD-2022-1385 ADU O 11/2/2022 1 1 1 No No 362 24 054 1197 CANDLELIGHT WAY BLD-2022-0530 ADU O 7/26/2022 1 1 1 No No Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
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Cupertino ANNUAL ELEMENT PROGRESS REPORT
2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Current APN Street Address Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
1 0 0 0 39 22 216 278 0 0 0 0 1 23 104 128 0 0 0 0 0 29 4 33 0 0 31 0 375 40 042 19181 PHIL LN R-2022-041 ADU O 1 1 12/6/2022 2 0 0 N Housing Element 1 Demolished O 375 37 018 10548 S TANTAU
AVE BLD-2022-0663 ADU O 0 1 8/31/2022 1 0 0 N Housing Element 1 Demolished O 375 33 051
18816

PENDERGAST
AVE
R-2022-013 ADU O 1 1
8/5/2022 2
0 0 0 N Housing Element 1 Demolished O
375 33 043
18890

PENDERGAST
AVE
BLD-2022-0737 ADU O
0 1 1 8/16/2022 2 0 0 N Housing Element 1 Demolished O
375 31 049 10667
WUNDERLICH BLD-2022-0490 ADU O 0 1 1 12/6/2022 2 0 0 N Housing Element 1 Demolished O 375 30 024 10840 JOHNSON
AVE BLD-2022-0149 ADU O 0 1 1 7/29/2022 2 0 0 N Housing Element 1 Demolished 375 29 052 18720 HANNA DR R-2022-028 ADU O 1 1 11/29/2022 2 0 0 0 N Housing Element 1 Demolished O 375 28 026 10624 JOHNSON
AVE R-2022-018 ADU O 1 1 11/29/2022 2 0 0 0 N Housing Element 1 Demolished O 375 27 042 18750 BARNHART
AVE BLD-2022-0605 ADU O 0 1 1 10/11/2022 2 0 0 N Housing Element 1 Demolished O 375 25 044 10377 STERLING
Blvd BLD-2022-0613 ADU O 0 1 1 10/5/2022 2 0 0 N Housing Element 1 Demolished O 375 25 007 18645 RALYA CT BLD-2022-0007 ADU O 0 1 1 6/6/2022 2 0 0 N Housing Element 1 Demolished O 375 25 005 18625 RALYA CT R-2022-033 ADU O 1 1 9/12/2022 2 0 0 0 N Housing Element 1 Demolished O 375 24 021 10270 STERLING
BLVD R-2022-008 ADU O 1 1 10/10/2022 2 0 0 0 N Housing Element 1 Demolished O 375 23 034 10526 STERLING
BLVD R-2022-023 ADU O 1 1 10/26/2022 2 0 0 0 N Housing Element 1 Demolished O 375 23 032 10542 STERLING
BLVD R-2022-019 ADU O 1 1 6/27/2022 2 0 0 0 N Housing Element 1 Demolished O 375 23 007 10552
GASCOIGNE DR R-2022-048 ADU O 1 1 12/13/2022 2 0 0 0 N Housing Element 1 Demolished O 375 19 023 10140 CALVERT
DR R-2022-037 ADU O 1 1 12/15/2022 2 0 0 0 N Housing Element 1 Demolished O 375 19 017 18745 LOREE
AVE R-2022-001 ADU O 1 1 9/1/2022 2 0 0 0 N Housing Element 1 Demolished O 375 14 038 18940 Loree Ave BLD-2022-0578 ADU O 0 1 0 8/30/2022 1 0 0 N Housing Element 0 375 08 006 10279 S TANTAU
AVE R-2022-024 ADU O 1 1 8/24/2022 2 0 0 0 N Housing Element 1 Demolished O 362 25 016 7675
SHADOWHILL LN BLD-2022-1385 ADU O 0 1 0 11/2/2022 1 0 0 N Housing Element 0 362 24 054
1197

CANDLELIGHT
WAY
BLD-2022-0530 ADU O
0 1 0 7/26/2022 1 0 0 N Housing Element 0
359 31 045
1111

STEEPLECHASE
LN
BLD-2022-0527 ADU O
0 1 1 9/20/2022 2 0 0 N Housing Element 1 Demolished O
359 26 037 7480 DE LA
FARGE DR BLD-2022-0623 ADU O 0 1 1 8/24/2022 2 0 0 N Housing Element 1 Demolished O 357 05 010 22379
MCCLELLAN BLD-2022-0248 ADU O 0 1 0 7/20/2022 1 0 0 N Housing Element 0 O 359 03 037 860 LILY BLD-2022-1122 ADU O 0 1 0 12/13/2022 1 0 0 N Housing Element 0 357 02 046 10419 MIRA
VISTA BLD-2022-1257 ADU O 0 1 0 12/5/2022 1 0 0 N Housing Element 0 342 58 012 22179 HAMMOND
WAY BLD-2022-0544 ADU O 0 1 0 7/15/2022 1 0 0 N Housing Element 0 342 17 041 10645 SANTA
LUCIA RD R-2022-005 ADU O 1 1 9/15/2022 2 0 0 0 N Housing Element 1 Demolished O 326 49 015 10631 STOKES
AVE R-2022-009 ADU O 1 1 11/1/2022 2 0 0 0 N Housing Element 1 Demolished O 326 44 023 10521 ESQUIRE BLD-2022-1157 ADU O 0 1 0 11/21/2022 1 0 0 N Housing Element 0 326 41 019 21308 RUMFORD BLD-2022-1310 ADU O 0 1 0 12/22/2022 1 0 0 N Housing Element 0 326 30 178 10495 BEARDON
DR R-2022-007 ADU O 1 1 10/12/2022 2 0 0 0 N Housing Element 1 Demolished O 369 37 006 20345 CLIFDEN
WAY BLD-2021-2027 ADU O 0 1 0 1/24/2022 1 1 0 10/4/2022 1 0 N Housing Element 0 375 33 061 18883 TUGGLE BLD-2021-1852 ADU O 0 1 0 1/11/2022 1 1 0 7/12/2022 1 0 N Housing Element 0 357 14 073 21857 Dolores Ave BLD-2021-1143 ADU O 0 1 0 4/18/2022 1 1 0 12/15/2022 1 0 N Housing Element 0 366 53 048 11801 SIERRA
SPRING CT BLD-2021-1108 ADU O 0 1 0 5/25/2022 1 1 0 6/24/2022 1 0 N Housing Element 0 369 25 024 10578 E ESTATES
DR BLD-2021-1024 ADU O 0 0 1 0 5/4/2022 1 0 N Housing Element 0 375 28 039 10520 JOHNSON
AVE BLD-2021-0868 ADU O 0 0 1 1 7/26/2022 2 0 N Housing Element 1 Demolished O 375 09 036 19051 BARNHART
AVE BLD-2021-0832 ADU O 0 0 1 0 12/13/2022 1 0 N Housing Element 0 357 16 139 21850 GRANADA
AVE BLD-2021-0064 ADU O 0 0 1 0 1/18/2022 1 0 N Housing Element 0 359 23 008 20660 KIRWIN BLD-2020-2061 ADU O 0 0 1 0 8/3/2022 1 0 N Housing Element 0 342 17 002 10583 SANTA
LUCIA RD BLD-2020-1367 ADU O 0 0 1 1 6/15/2022 2 0 N Housing Element 1 Demolished O 326 02 015 10861 MAXINE
AVE BLD-2020-1343 ADU O 0 0 1 0 5/11/2022 1 0 N Housing Element 0 357 03 063
22417 WALNUT

CIRCLE NORTH
CIR
BLD-2020-1232 ADU O
0 0 1 0 3/30/2022 1 0 N Housing Element 0
359 11 025 20669 SHELLY DR BLD-2020-1215 ADU O 0 0 1 0 9/26/2022 1 0 N Housing Element 0 375 37 038 19040 BARNHART
AVE BLD-2020-1191 ADU O 0 0 1 0 8/9/2022 1 0 N Housing Element 0 342 57 010 10791 JUNIPER BLD-2020-1179 ADU O 0 0 1 0 2/28/2022 1 0 N Housing Element 0 375 34 021 10732
CULBERTSON DR BLD-2020-1171 ADU O
0 0 1 1 1/6/2022 2 0 N Housing Element 1 Demolished O
326 30 129 20807 FARGO BLD-2020-0799 ADU O 0 0 1 0 10/31/2022 1 0 N Housing Element 0 375 36 037 10733
CULBERTSON DR BLD-2020-0591 ADU O
0 0 1 0 7/14/2022 1 0 N Housing Element 0
369 27 044 859 BETTE AVE BLD-2020-0434 ADU O 0 0 1 0 1/25/2022 1 0 N Housing Element 0 375 34 004 18975 TUGGLE
AVE BLD-2020-0053 ADU O 0 0 1 1 8/12/2022 2 0 N Housing Element 1 Demolished O 366 18 041 1323 FLOWER
CT BLD-2019-1504 ADU O 0 0 1 0 9/12/2022 1 0 N Housing Element 0 O 357 05 002 10545 MIRA
VISTA AVE BLD-2019-1061 ADU O 0 0 1 0 4/21/2022 1 0 N Housing Element 0 326 08 030 21075
GREENLEAF DR BLD-2019-0851 ADU O 0 0 1 0 5/6/2022 1 0 N Housing Element 0 362 11 008 1193 YORKSHIRE BLD-2019-0824 ADU O 0 0 1 0 12/16/2022 1 0 N Housing Element 0 375 25 016 18600 RALYA CT BLD-2019-0736 ADU O 0 0 1 0 9/14/2022 1 0 N Housing Element 0 316 02 063 10600 RANDY LN B-2019-1159 ADU O 0 0 1 0 3/22/2022 1 0 N Housing Element 0 326 41 045 21335 RUMFORD
Dr B-2019-0772 ADU O 0 0 1 0 3/8/2022 1 0 N Housing Element 0 326 16 027 10047 CRESCENT
Rd B-2019-0550 ADU O 0 0 1 0 6/22/2022 1 0 N Housing Element 0 326 46 001 10470
AINSWORTH Dr B-2019-0494 ADU O 0 0 1 0 4/11/2022 1 0 N Housing Element 0 326 27 043 21267 STEVENS
CREEK BLVD BLD-2021-1231 SFA O 0 7 6/15/2022 7 0 0 N Housing Element 0 O 359 20 030 20860
MCCLELLAN RD R-2021-040 SFD
O
1 1 10/18/2022
2 0 0 0 N Housing Element 0
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
359 20 030 20860
MCCLELLAN RD R-2021-041 SFD
O
1 1 10/18/2022
2 0 0 0 N Housing Element 0
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
359 20 030 20860
MCCLELLAN RD R-2021-042 SFD
O
1 1 10/18/2022
2 0 0 0 N Housing Element 0
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
359 20 030 20860
MCCLELLAN RD R-2021-043 SFD
O
1 1 10/18/2022
2 0 0 0 N Housing Element 0
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
359 20 030 20860
MCCLELLAN RD R-2021-044 SFD
O
1 1 10/18/2022
2 0 0 0 N Housing Element 0
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
359 20 030 20860
MCCLELLAN RD R-2021-045 SFD O 1 1 10/18/2022
2 0 0 0 N 1 Demolished O
Subdivision of one 1.25
acre parcel into six
parcels ranging
between 7,526 square
feet and 9,615 square
feet, (6) New Two-Story
single-family homes w/
ADUs
342 14 104 22690 STEVENS
CREEK BLVD BLD-2022-0634 SFA O 1 1 8 1/13/2022 10 1 1 8 11/18/2022 10 0 0 N INC 0 (9) New SFA, 1 ADU 342-16-87 & 88 10625 S Foothill
Blvd DP-2018-07 5+ R 1 4 1/13/2022 5 0 0 N INC 1 Demolished O Resolution No. 22-002 M 362 06 036 11226 Bubb Rd
(Lot B) R-2022-015 SFD O 1 11/17/2022 1 0 0 0 N 1 Demolished O TM-2018-01 Demo exist 362 06 036 11226 Bubb Rd
(Lot A) R-2022-016 SFD O 1 11/17/2022 1 0 0 0 N 0 TM-2018-01 Demo exist 342-16-87 & 88 10625 S Foothill
Blvd DP-2018-07 SFD O 5 1/13/2022 5 0 0 0 N 0 Resolution No. 22-002 M 342-16-87 & 88 10625 S Foothill
Blvd DP-2018-07 SFA O 2 6 1/13/2022 8 0 0 0 N INC 0 Resolution No. 22-002 M 326 34 043 & -066 10145 N DE ANZA
BLVD & 10118

BANDLEY DR
DP-2022-001 5+ O 36 170 12/6/2022
206
0 0 0 N INC 0 15.0% 5
Development
Standards
Modification
Yes
Resolution No. 22-146
326 27 043 21267 STEVENS

CREEK BLVD
BLD-2021-1230 SFA O 0 6 6/15/2022 6 0 0 N 0
327 27 043 21267 STEVENS
CREEK BLVD BLD-2021-2262 SFA O 0 75 9/22/2022 75 0 0 N 0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 408
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) RHNA by Income Total Remaining
Level
Deed Restricted - - - - 18 - - 29 - -
Non-Deed Restricted - - - - 1 - - - - -
Deed Restricted - - - - - - - 19 - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - 1 -
Non-Deed Restricted - 14 18 12 15 15 19 41 23 -
Above Moderate 270 - 164 9 16 2 24 1 1 104 - 321 -
1,064
- 178 27 28 36 39 20 90 128 - 546 569
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date Remaining
Total Units
178 - - - 14 - - - - - 14 164
HCD staff at [email protected].

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact 73 48
year information comes from previous APRs.

This table is auto-populated once you enter your jurisdiction name and current year data. Past 158
Moderate
231
207
356
Please contact HCD if your data is different than the material supplied here 19 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
188
308
cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th Total Units
Total RHNA
Income Level
low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).

Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely *Extremely low-income houisng need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Extremely Low-Income Units*
Low
Very Low
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 409
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very LowIncome Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
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Jurisdiction Cupertino
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Land Use Policy and
Zoning Provisions
Accommodate the Regional Housing
Needs Allocation (RHNA). Ongoing: 2014-2022
Continue to provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA allocation, monitor development standards, monitor sites inventory, and monitor development activity on Housing Opportunity Sites. City is currently working on the 6th Cycle of the Housing Element.

Second Dwelling Units
Continue to implement the Accessory
Dwelling Unit (ADU) Ordinance (or
Second Dwelling Unit Ordinance) and
encourage the production of second
units.

Ongoing: 2014-2022
Continue to encourage the production of second units. The ordinance is regularly updated to comply with state law. In 2021, the City developed a preapproved ADU program to further incentive the creation of ADUs. In 2022, the City issued 22 building permits for ADUs.

Lot Consolidation Facilitate residential and mixed used developments. Ongoing: 2014-2022
Continue to encourage lot consolidation when contiguous smaller, underutilized parcels are to be redeveloped. Encourage master plans for such sites with coordinated access and circulation. Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment where appropriate. Encourage intra- and inter-agency cooperation in working with applicants.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
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Flexible Development
Standards
Encourage a range of housing options
in the community. Ongoing: 2014-2022
Continue to offer flexible residential development standards in planned residential zoning districts and consider granting reductions in off-street parking for senior housing. The Westport Project (2020) and Marina Plaza project (2022) were approved with waivers, an incentive to development standards, and a reduction in parking standards. Both projects are located within the Heart of the City Specific Plan and on a Housing Element site. In 2022, Canyon Crossing, with 18 townhome and apartments, and Alan Row with 9 townhomes and a JADU, were both approved using density bonus.

Heart of the City Specific
Plan
Reduce constraints to housing
development and ensure that the
designated sites can obtain the realistic
capacity shown in the Housing
Element.

Ongoing: 2014-2022
Completed in May 2015. All Housing Opportunity Sites identified in the 6th Cycle of the Housing Element have been issued all development approvals utilizing the City's Density Bonus Ordinance.

Office and Industrial
Housing Mitigation
Program
Continue to implement the Office and
Industrial Housing Mitigation Program
which requires that developers of
office, commercial, and industrial space
pay a mitigation fee which will then be
used to support affordable housing in
the City.

Ongoing: 2014-2022
Continue to implement the Office and Industrial Housing Mitigation Program.

Require developers of office, commercial, and industrial space pay a mitigation fee to support affordable housing. Mitigated fees are collected and deposited into the City's Below Market Rate (BMR) Affordable Housing Fund (AHF).

Residential Housing
Mitigation Program
Continue to implement the Residential
Housing Mitigation Program to mitigate
the need for affordable housing created
by new market-rate residential
development.

Ongoing: 2014-2022
Continue to implement the Residential Housing Mitigation Program. The Program applies to new residential development. Mitigation includes either the provision of BMR units or the payment of the "Housing Mitigation" fee. In 2020, the BMR Linkage Fees Update study was adopted by City Council, which included an increased requirement from 15-20% for inclusionary ownership projects.
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Below Market Rate (BMR)
Affordable Housing Fund
(AHF)
Continue to support affordable housing
projects, strategies, and services,
including but not limited to: BMR
program administration, substantial
rehabilitation, land acquisition,
acquisition of buildings for permanent
affordability, new construction,
preserving "at-risk" BMR units, rental
operating subsidies, down payment
assistance, land write-downs, direct
gap financing, and fair housing.

Ongoing: 2014-2022
Continue to maintain the BMR AHF. Technical assistance provided to ten nonprofits/developers looking to develop affordable housing, including providing data and information on properties for sale to non-profit partners and developers for their consideration. The City's FY 22-23 BMR AHF Request for Proposal (RFP) was open November 2021-February 2022. In 2022, the BMR AHF provided funding to the following affordable housing projects, strategies, and services:
•BMR Program Administration- 400 households sought assistance, 25 new households were assisted.
•Fair housing services- $50,000 to Project Sentinel •$25,000 to the City of Cupertino Housing Program for De Anza College Students •$200,000 to the Homeless Jobs Program
Housing Resources
Provide information on housing
resources and services offered by the
County and other outside agencies to
Cupertino residents and developers
interested in providing affordable
housing.

Ongoing: 2014-2022
Continue to provide information on housing resources and services including, but not limited to:
• County Measure A Affordable Housing Bond
• County Mortgage Credit Certificate
• County IDevelopmental Disability Funding
• Housing Trust Silicon Valley First-Time Homebuyer Assistance and Developer Loans
• Housing Authority Section 8 Vouchers
• Destination: HOME Community Housing Fund
In addition, the City worked with non-profit organizations in providing programs and services for low-income households; and private industry, in particular financial and development groups, to encourage the development of affordable housing opportunities regionally and in the City. Staff provided technical assistance to the public service agencies it funded and attended the bi-weekly CDBG/Housing Coordinators meeting. In 2022, the City funded the Homeless Jobs Program for two Cupertino unhoused residents. As part of the City's FY 21- 22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino.
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Surplus Properties for
Housing
Explore opportunities on surplus
properties. Ongoing: 2014-2022
Continue to work with local public agencies, school districts, and churches to identify surplus properties that have the potential for residential development and encourage long-term land leases of properties from churches, school districts, and corporations for construction of affordable units.

Incentives for Affordable
Housing Development
Continue to offer a range of incentives
to facilitate the development of
affordable housing.

Ongoing: 2014-2022
Continue to offer a range of financial assistance through the City's BMR AHF and federal CDBG funds, partner with and support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, density bonus incentives, flexible development standards, technical assistance, waiver of park dedication fees and construction tax, parking ordinance waivers, and expedited permit processing. In 2022, CDBG funds were provided to the following to facilitate the development of affordable housing:
•$88,966 to Rebuilding Together Silicon Valley, a low-income housing repair and rehabilitation program
In addition, the City participates in the Regional CDBG/Housing Coordinators group and provides technical assistance to the public service agencies it funds.

The City also participates in the Santa Clara County HOME Consortium and participates in the Santa Clara County Permanent Local Housing (PLHA) Consortium for the development of affordable housing.

Density Bonus Ordinance
Encourage the use of density bonuses
and incentives for housing
developments.

Ongoing: 2014-2022
As of 2022, all priority sites identified in the 7th Cycle of the Housing Element have utilized density bonuses, incentives, waivers and/or reduction in parking standards. They have all been approved by the City between 2016-2022. 414
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Extremely Low-Income
Housing and Housing for
Persons with Special
Needs
Continue to encourage the
development of adequate housing to
meet the needs of extremely lowincome households and person with special needs.

Ongoing: 2014-2022
Continue to provide financing assistance using the BMR AHF and CDBG funds, allow residential developments to exceed planned density maximums for special needs housing, grant reductions in off-street parking, and partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds. The City worked with developers and non-profit organizations to encourage the development of affordable housing opportunities regionally and in the City. In addition, the City participates in the bi-weekly Regional CDBG/Housing Coordinators meeting and provides technical assistance to the public service agencies it funds. The City also participates in the Santa Clara County HOME Consortium and the Santa Clara County Permanent Local Housing (PLHA) Consortium. As part of the City's FY 22-23 work program, the City is working with non-profits and developers to review the feasibility of residential uses on the Mary Avenue site with the goal of assisting with the development of affordable housing for developmentally disabled adults. In additon, the City is working with Santa Clara County to assist in the development of affordable housing for the special needs population on a Cupertino site.

Employee Housing Permit employee housing in multiple
zoning districts. Ongoing: 2014-2022
Continue to implement the City's zoning code to allow employee housing in multiple zoning districts. The Zoning Ordinance is regularly updated to comply with state law.

Residential Rehabilitation
Continue to utilize BMR AHF and
CDBG funds to support residential
rehabilitation efforts in the community.

Ongoing: 2014-2022
Continue to utilize BMR AHF and CDBG funds to acquire/rehabilitate rental housing and rehabilitate owner occupied housing. In 2022, CDBG funds were provided to the following residential rehabilitation efforts:
•$88,966 to Rebuilding Together Silicon Valley, a low-income housing repair and rehabilitation program
Preservation of At-Risk
Housing Units
Proactively contact the property owner
of Beardon Drive, a housing project
considered at risk of converting to
market-rate housing, regarding its
intent to remain or opt out of the
affordable program.

Ongoing: 2014-2022
In the event the project becomes at risk of converting to market-rate housing, the City will work with the property owner or other interested nonprofit housing providers to preserve the eight units. In 2019, the owner of Beardon Drive paid off the City's CDBG loan and indicated that the property would continue to operate as affordable housing.
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Condominium Conversion
Regulate the conversion of rental units
in multi-family housing development in
order to preserve the rental housing
stock.

Ongoing: 2014-2022
Continue to monitor the effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced housing stock with rental housing.

Housing Preservation
Program
Grant approval of proposed
developments or redevelopments on if
the project will comply with the City's
BMR program, the number of units
provided on site is at least equal to the
number of existing units, and adverse
impacts on displaced tenants (four or
more units) are mitigated.

Ongoing: 2014-2022
Continue to participate in studies of regional housing need and displacement and consider policies or programs to address the indirect displacement of lowincome residents as appropriate.

Neighborhood and
Community Clean-Up
Campaigns
Continue to encourage and sponsor
neighborhood and community clean-up
campaigns for both public and private
properties.

Ongoing: 2014-2022
Continue to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties. The City promotes and/or staffs the following events available to the community: As required in the City’s solid waste Franchise Agreement with its hauler Recology, Recology provides quarterly drop off events for bulky items, construction and landscape waste.

Recology also provides each residential customer with two on-call curbside bulky item collections; As required in the City’s solid waste Franchise Agreement with its hauler Recology, Recology provides quarterly drop off events for bulky items, construction and landscape waste. Recology also provides each residential customer with two on-call curbside bulky item collections; The City staffs two annual creek litter/trash clean up eventsNational River Clean Up Day and Coastal Clean Up Day; The City partners with and conducts outreach for the County’s Household Hazardous Waste program.
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Enforcement of Title 24
Continue to enforce Title 24
requirements for energy conservation
and evaluate utilizing some of the other
suggestions as identified in the
Environmental
Resources/Sustainability element.

Ongoing: 2014-2022
Continue to enforce Title 24 requirements for energy conservation and evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. In 2019, the City adopted REACH codes which will assist in achieving the City's sustainability goals. The City has Chapter 16.58 Green Building Standards Code that requires certain projects to achieve LEED certification or similar. In 2022, the City began enforcing Title 24 requirements for Substandard Housing: Respond to and address complaints involving substandard housing conditions, particularly those involving conditions which violate California Health and Safety Code sections 17920.3 and 17920.10. The City is committed to the prevention and elimination of blight and slum conditions. With the passing of AB 838, the City has the ability to provide additional health and safety services and thus ensure housing conditions remain standardized for its residency.

Sustainable Practices
Continue to implement the Landscape
Ordinance for water conservation and
the Green Building Ordinance that
applies primarily to new residential and
nonresidential development, additions,
renovations, and tenant improvements
of ten or more units.

Ongoing: 2014-2022
Continue to the implement the Landscape Ordinance, Green Building Ordinance, and the City's Climate Action Plan, including evaluating the potential to provide incentives for energy conservation improvements at affordable housing projects (e.g. waiving or reducing fees,) and continue to implement the policies in the climate action plan. Continue to implement the Energy efficiency reach codes that include requirements for electrification for certain types of buildings, water efficiency, and green materials to reduce energy use and lower greenhouse gas emissions. These codes include reach codes which are a component of the California Energy and California Green Building Codes and include requirements for water efficiency, green materials, and other items designed to encourage building electrification for certain types of buildings.
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Emergency Shelters
Continue to facilitate housing
opportunities for special needs persons
by allowing emergency shelters as a
permitted use in the "BQ" Quasi-Public
zoning district.

Ongoing: 2014-2022
Continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the "BQ" Quasi-Public Building zoning district. In 2022, the City partnered with the West Valley Rotating Safe Car Park (RSCP) program. The RSCP program is an emergency homeless program made up of a network of local city governments, service organizations, and volunteer faith-based host sites that provide temporary overnight parking for homeless individuals/families living out of their cars. The City provides regular technical assistance and monitoring to the RSCP program.

Supportive Services for
Lower-Income
Households and Persons
with Special Needs
Continue to utilize the BMR AHF,
CDBG, and General Fund Human
Services Grants (HSG) funds to
provide for a range of supportive
services for lower-income households
and persons with special needs.

Ongoing: 2014-2022
In 2022, BMR AHF, CDBG, and HSG funds were provided to the following supportive services for lower-income households and persons with special needs:
•CDBG- $22,720.18 to Live Oak Adult Day Services, a senior adult day care •CDBG- $40,391.42 to West Valley Community Services (WVCS) CARE Program, a community access to resource and education program •HSG- $10,000 to Catholic Charities of Santa Clara County, a long-term care ombudsman program
•HSG- $25,000 to MAITRI, a transitional housing direct client services program •HSG- $15,000 to Senior Adult Legal Assistance, a legal assistance to elders program •HSG- $65,780 to WVCS Haven to Home program, a
supportive services and housing resources program for the homeless.

Rotating Homeless
Shelter
Continue to support the operation of a
rotating homeless shelter. Ongoing: 2014-2022
The City previously provided Faith in Action Rotating Shelter with space at City Hall to provide intake and registration for the community each night until it became non-operational in 2017. In 2022, the City partnered with the West Valley RSCP program. The RSCP program is an emergency homeless program made up of a network of local city governments, service organizations, and volunteer faith-based host sites that provide temporary overnight parking for homeless individuals/families living out of their cars. As part of the City's FY 21- 22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino.
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Fair Housing Services
Continue to provide fair housing
services, retain a fair housing service
provider, coordinate efforts with the
County Fair Housing Consortium, and
distribute fair housing materials at
public counters/events.

Ongoing: 2014-2022
Continue to provide fair housing services including outreach, education, counseling, and investigation of fair housing complaints. In 2022, BMR AHF funds were provided to the following fair housing services:
•$50,000 to Project Sentinel, a landlord/tenant rental mediation program and fair housing program.

Coordination with Outside
Agencies and
Organizations
Partner with outside agencies and
organizations in addressing local and
regional housing needs.

Ongoing: 2014-2022
Continue to coordinate with school districts, housing providers, neighboring jurisdictions, ABAG, Air Quality Management District, Housing Trust Silicon Valley, Santa Clara County Fair Housing Consortium, Destination: Home, Santa Clara County HOME Consortium, Santa Clara County Continuum of Care, Housing Authority of Santa Clara County, and Valley Transportation Authority.

The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators, SV@Home, Non-Profit Housing of Northern CA, Housing CA, Grounded Solutions, US Department of Housing and Urban Development, among others. In 2022, the City provided referrals to COVID related funding sources and services. As part of the City's FY 21-22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino.
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+
.

Cupertino City CouncilMarch 21, 2023

Cupertino City Council
March 21, 2023